1. About the Website
1.1. Welcome to https://www.tclelectronics.com.au/ (the 'Website'). The Website provides you with an opportunity to browse various products that have been listed through the Website (the 'Products'), as well as browse a list of retailers which may have the product available in stock for purchase. The Website provides this service by way of granting you access to the content on the Website (the 'Services').
1.2. The Website is operated by TCL Electronics Australia Pty Ltd (ABN 83 111 032 896) ('TCL Electronics Australia'). Access to and use of the Website, or any of its associated Products or Services, is provided by TCL Electronics Australia. Please read these terms and conditions (the 'Terms') carefully. By using, browsing and/or reading the Website, this signifies that you have read, understood and agree to be bound by the Terms. If you do not agree with the Terms, you must cease usage of the Website, or any of the Services, immediately.
1.3. TCL Electronics Australia reserves the right to review and change any of the Terms by updating this page at its sole discretion. When TCL Electronics Australia updates the Terms, it will use reasonable endeavours to provide you with notice of updates to the Terms. Any changes to the Terms take immediate effect from the date of their publication. Before you continue, we recommend you keep a copy of the Terms for your records.
2. Acceptance of the Terms
You accept the Terms by remaining on the Website. You may also accept the Terms by clicking to accept or agree to the Terms where this option is made available to you by TCL Electronics Australia in the user interface.
3. Use of Services
3.1. In order to access the Services, you may be required to provide personal information about yourself (such as identification or contact details), including:
(a) your name; and
(b) your email address.
3.2. You warrant that any information you give to TCL Electronics Australia in the course of completing the registration process will always be accurate, correct and up to date.
3.3. You may not use the Services and may not accept the Terms if:
(a) you are not of legal age to form a binding contract with TCL Electronics Australia; or
(b) you are a person barred from receiving the Services under the laws of Australia or other countries including the country in which you are resident or from which you use the Services.
4. Your obligations
4.1. By using the Services, you agree to comply with the following:
You will use the Services only for purposes that are permitted by:
(a) the Terms;
(b) any applicable law, regulation or generally accepted practices or guidelines in the relevant jurisdictions;
(c) you have the sole responsibility for protecting the confidentiality of your email address and/or other personal information provided by you. Use of your personal information by any other person may result in the immediate cancellation of the Services;
(d) any use of your personal information by any other person, or third parties, is strictly prohibited. You agree to immediately notify TCL Electronics Australia of any unauthorised use of your email address and/or other personal information provided by you, or any breach of security of which you have become aware;
(e) access and use of the Website is limited, non-transferable and allows for the sole use of the Website by you for the purposes of TCL Electronics Australia providing the Services;
(f) you will not use the Services or Website for any illegal and/or unauthorised use which includes collecting email addresses by electronic or other means for the purpose of sending unsolicited email or unauthorised framing of or linking to the Website;
(g) you agree that commercial advertisements, affiliate links, and other forms of solicitation may be removed from the Website without notice and may result in termination of the Services. Appropriate legal action will be taken by TCL Electronics Australia for any illegal or unauthorised use of the Website; and
(h) you acknowledge and agree that any automated use of the Website or its
Services is prohibited.
5.1. TCL Electronics Australia's Products come with guarantees that cannot be excluded under the Australian Consumer Law. You are entitled to a replacement or refund through the relevant retailer for a major failure of the Product. You are also entitled to have the Products repaired or replaced through the relevant retailer if the Products fail to be of acceptable quality and the failure does not amount to a major failure (the 'Warranty').
5.2. You may make a claim under this clause (the 'Warranty Claim') for material defects and workmanship in the Products in accordance with the terms and conditions of the relevant retailer of the Product. Without limitation, the terms and conditions of the relevant retailer of the Product may include matters regarding proof of purchase, acceptance of Warranty Claim and liability and costs for repair or replacement of any defective Products.
5.3. The Warranty shall be the sole and exclusive warranty granted by TCL Electronics Australia through the relevant retailer in accordance with their terms and conditions only and shall be the sole and exclusive remedy available to you in addition to other rights and under a law in relation to the Products to which this warranty relates.
5.4. All implied warranties including the warranties of merchantability and fitness for use are limited to the terms and conditions of the relevant retailer of the Product.
5.5. The Warranty does not apply to any appearance of the supplied Products nor to the additional excluded items set forth below nor to any supplied Products where the exterior of which has been damaged or defaced, which has been subjected to misuse, abnormal service or handling, or which has been altered or modified in design or construction.
6. Copyright and Intellectual Property
6.1. The Website, the Services and all of the related products of TCL Electronics Australia are subject to copyright. The material on the Website is protected by copyright under the laws of Australia and through international treaties. Unless otherwise indicated, all rights (including copyright) in the site content and compilation of the website (including text, graphics, logos, button icons, video images, audio clips and software) (the 'Content') are owned or controlled for these purposes, and are reserved by TCL Electronics Australia or its contributors.
6.2. TCL Electronics Australia retains all rights, title and interest in and to the Website and all related content. Nothing you do on or in relation to the Website will transfer to you:
(a) the business name, trading name, domain name, trade mark, industrial design, patent, registered design or copyright of TCL Electronics Australia; or
(b) the right to use or exploit a business name, trading name, domain name, trade mark or industrial design; or
(c) a system or process that is the subject of a patent, registered design or copyright (or an adaptation or modification of such a system or process).
6.3. You may not, without the prior written permission of TCL Electronics Australia and the permission of any other relevant rights owners: broadcast, republish, up- load to a third party, transmit, post, distribute, show or play in public, adapt or change in any way the Content or third party contact for any purpose. This prohibition does not extend to materials on the Website which are freely available for re-use or are in the public domain.
8. General Disclaimer
8.1. You acknowledge that TCL Electronics Australia does not make any terms, guarantees, warranties, representations or conditions whatsoever regarding the Products other than provided for pursuant to these Terms.
8.2. TCL Electronics Australia will use all reasonable endeavours to ensure a Product is accurately depicted on the Website, however, you acknowledge that sizes, colours, specifications, user manuals and packaging may differ from what is displayed on the Website.
8.3. Nothing in these Terms limits or excludes any guarantees, warranties, representations or conditions implied or imposed by law, including the Australian Consumer Law (or any liability under them) which by law may not be limited or excluded.
8.4. Subject to this clause, and to the extent permitted by law:
(a) all terms, guarantees, warranties, representations or conditions which are not expressly stated in these Terms are excluded; and
(b) TCL Electronics Australia we will not be liable for any special, indirect or consequential loss or damage (unless such loss or damage is reasonably foreseeable resulting from our failure to meet an applicable Consumer Guarantee), loss of profit or opportunity, or damage to goodwill arising out of or in connection with the Services or these Terms (including as a result of not being able to use the Services or the late supply of the Services), whether at common law, under contract, tort (including negligence), in equity, pursuant to statute or otherwise.
8.5. Use of the Website, the Services, and any of the products of TCL Electronics Australia is at your own risk. Everything on Website, the Services, and the Products of TCL Electronics Australia, are provided to you on an "as is" and "as available" basis, without warranty or condition of any kind. None of the affiliates, directors, officers, employees, agents, contributors, third party content providers or licensors of TCL Electronics Australia make any express or implied representation or warranty about its Content or any products or Services (including the products or Services of TCL Electronics Australia) referred to on the Website. This includes (but is not restricted to) loss or damage you might suffer as a result of any of the following:
(a) failure of performance, error, omission, interruption, deletion, defect, failure to correct defects, delay in operation or transmission, computer virus or other harmful component, loss of data, communication line failure, unlawful third party conduct, or theft, destruction, alteration or unauthorised access to records;
(b) the accuracy, suitability or currency of any information on the Website, the Service, or any of its Content related products (including third party material and advertisements on the Website);
(c) costs incurred as a result of you using the Website, the Services or any of the Products;
(d) the Content or operation in respect to links which are provided for the User's convenience;
(e) any failure to complete a transaction, or any loss arising from e-commerce transacted on the Website; or
(f) any defamatory, threatening, offensive or unlawful conduct of third parties or publication of any materials relating to or constituting such conduct.
9. Limitation of Liability
9.1. TCL Electronics Australia's total liability arising out of or in connection with the Services or these Terms, however arising, including under contract, tort (including negligence), in equity, under statute or otherwise, will not exceed the resupply of information or Services to you.
9.2. You expressly understand and agree that TCL Electronics Australia, its affiliates, employees, agents, contributors, third party content providers and licensors shall not be liable to you for any direct, indirect, incidental, special consequential or exemplary damages which may be incurred by you, however caused and under any theory of liability. This shall include, but is not limited to, any loss of profit (whether incurred directly or indirectly), any loss of goodwill or business reputation and any other intangible loss.
9.3. TCL Electronics Australia is not responsible or liable in any manner for any site content (including the Content and Third Party Content) posted on the Website or in connection with the Services, whether posted or caused by users of the website of TCL Electronics Australia, by third parties or by any of the Services offered by TCL Electronics Australia.
10. Termination of Contract
10.1. The Terms will continue to apply until terminated by either you or by TCL Electronics Australia as set out below.
10.2. If you want to terminate the Terms, you may do so by:
(a) notifying TCL Electronics Australia at any time; and
(b) closing your accounts for all of the Services which you use, where TCL Electronics Australia has made this option available to you.
Your notice should be sent, in writing, to TCL Electronics Australia via the 'Contact Us' link on our homepage.
10.3. TCL Electronics Australia may at any time, terminate the Terms with you if:
(a) you have breached any provision of the Terms or intend to breach any provision;
(b) TCL Electronics Australia is required to do so by law;
(c) the partner with whom TCL Electronics Australia offered the Services to you has terminated its relationship with TCL Electronics Australia or ceased to offer the Services to you;
(d) TCL Electronics Australia is transitioning to no longer providing the Services to Users in the country in which you are resident or from which you use the service; or
(e) the provision of the Services to you by TCL Electronics Australia is, in the opinion of TCL Electronics Australia, no longer commercially viable.
10.4. Subject to local applicable laws, TCL Electronics Australia reserves the right to discontinue or cancel your access to the Website at any time and may suspend or deny, in its sole discretion, your access to all or any portion of the Website or the Services without notice if you breach any provision of the Terms or any applicable law or if your conduct impacts TCL Electronics Australia's name or reputation or violates the rights of those of another party.
10.5. When the Terms come to an end, all of the legal rights, obligations and liabilities that you and TCL Electronics Australia have benefited from, been subject to (or which have accrued over time whilst the Terms have been in force) or which are expressed to continue indefinitely, shall be unaffected by this cessation, and the provisions of this clause shall continue to apply to such rights, obligations and liabilities indefinitely.
11.1. You agree to indemnify TCL Electronics Australia, its affiliates, employees, agents, contributors, third party content providers and licensors from and against:
(a) all actions, suits, claims, demands, liabilities, costs, expenses, loss and damage (including legal fees on a full indemnity basis) incurred, suffered or arising out of or in connection with any Content you post through the Website;
(b) any direct or indirect consequences of you accessing, using or transacting on the Website or attempts to do so and any breach by you or your agents of these Terms; and/or
(c) any breach of the Terms.
12. Dispute Resolution
If a dispute arises out of or relates to the Terms, either party may not commence any Tribunal or Court proceedings in relation to the dispute, unless the following clauses have been complied with (except where urgent interlocutory relief is sort).
A party to the Terms claiming a dispute ('Dispute') has arisen under the Terms, must give written notice to the other party detailing the nature of the dispute, the desired outcome and the action required to settle the Dispute.
On receipt of that notice ('Notice') by that other party, the parties to the Terms ('Parties') must:
(a) Within 28 days of the Notice endeavour in good faith to resolve the Dispute expeditiously by negotiation or such other means upon which they may mutually agree;
(b) If for any reason whatsoever, 28 days after the date of the Notice, the Dispute has not been resolved, the Parties must either agree upon selection of a mediator or request that an appropriate mediator be appointed by the President of the or his or her nominee;
(c) The Parties are equally liable for the fees and reasonable expenses of a mediator and the cost of the venue of the mediation and without limiting the foregoing undertake to pay any amounts requested by the mediator as a pre-condition to the mediation commencing. The Parties must each pay their own costs associated with the mediation;
(d) The mediation will be held in Victoria, Australia.
All communications concerning negotiations made by the Parties arising out of and in connection with this dispute resolution clause are confidential and to the extent possible, must be treated as "without prejudice" negotiations for the purpose of applicable laws of evidence.
12.5. Termination of Mediation:
If 3 months have elapsed after the start of a mediation of the Dispute and the Dispute has not been resolved, either Party may ask the mediator to terminate the mediation and the mediator must do so.
13. Venue and Jurisdiction
The Services offered by TCL Electronics Australia is intended to be viewed by residents of Australia. In the event of any dispute arising out of or in relation to the Website, you agree that the exclusive venue for resolving any dispute shall be in the courts of Victoria, Australia.
14. Governing Law
The Terms are governed by the laws of Victoria, Australia. Any dispute, controversy, proceeding or claim of whatever nature arising out of or in any way relating to the Terms and the rights created hereby shall be governed, interpreted and construed by, under and pursuant to the laws of Victoria, Australia, without reference to conflict of law principles, notwithstanding mandatory rules. The validity of this governing law clause is not contested. The Terms shall be binding to the benefit of the parties hereto and their successors and assigns.
15. Independent Legal Advice
Both parties confirm and declare that the provisions of the Terms are fair and reasonable and both parties having taken the opportunity to obtain independent legal advice and declare the Terms are not against public policy on the grounds of inequality or bargaining power or general grounds of restraint of trade.
If any part of these Terms is found to be void or unenforceable by a Court of competent jurisdiction, that part shall be severed and the rest of the Terms shall remain in force.
Terms and Conditions dated: 17 June 2016