This website is operated for and on behalf of TSCO Pty. Ltd. ACN 060 730 127, SNT Pty. Ltd. ACN 106 246 593 in its capacity as trustee of the SNT Trust and Smith Clothing Pty. Ltd. ACN 105 442 019 in its capacity as trustee of the Smith Clothing # 2 Trust (collectively, but not jointly or jointly and severally in any instance, referred to as the “Company”).
Any person, firm, company, government body or other entity who accesses or uses this website is referred to as “you” or “Customer”.
2. Terms of Use
By you using this website you acknowledge and agree that you have read and understood these Terms of Use of the Company for the use of this website and that these Terms of Use apply exclusively to your accessing and using this website.
These Terms of Use may be varied by the Company from time to time by the Company amending these Terms of Use as they appear on this website or by notice in writing to you.
By you using this website after these Terms of Use have been varied as aforesaid, you agree that the these Terms of Use as so varied will apply exclusively to your accessing and using this website after any such variation.
3. Goods and Services
By you using this website you also acknowledge and agree you have read and understood the Terms and Conditions of the Company on which goods and services are supplied by the Company as they appear on this website and that those Terms and Conditions will apply exclusively to the supply of all goods and/or services made by the Company to you pursuant to orders placed by you on the Company using this website.
You also acknowledge and agree that the Terms and Conditions may be varied by the Company from time to time by the Company amending the Terms and Conditions as they appear on this website or by notice in writing to you.
By you using this website after the Terms and Conditions have been varied as aforesaid, you agree that the Terms of Conditions as so varied will apply exclusively to the supply of all goods and/or services made by the Company to you pursuant to orders placed by you on the Company using this website after any such variation.
4. Priority
To the extent of any inconsistency between these Terms of Use, this website or the Terms and Conditions:
(a) these Terms of Use will prevail over this website and the Terms and Conditions; and
(b) the Terms and Conditions will prevail over this website.
5. Log-in and Password
You will only be able to place orders on the Company using this website if you have been issued a log-in and password by the Company.
You agree that you are responsible for the safekeeping of your log-in and password.
You also acknowledge and agree that the Company is not required to enquire as to the authenticity of orders for goods and services placed using the log-in and password issued to you by the Company, and that you are liable for all (authorised and unauthorised) orders placed using the log-in and password issued to you by the Company.
You agree to release and indemnify the Company in connection with any use (whether authorised or unauthorised) of your log-in and password.
The Company may suspend or cancel your log-in and password at anytime without prior notice.
6. Orders
Any order placed by you on the Company for goods and services using this website is subject to acceptance by the Company in accordance with the Terms and Conditions.
Acknowledgement of receipt of an order placed by you on the Company for goods and services using this website does not constitute acceptance by the Company.
The Company reserves the right to accept or reject an order placed by you on the Company for goods and services using this website for any reason, including (without limitation) the unavailability of ordered goods or services, an error in the price, an error in the description of the goods or services or an error in your order.
The Company will advise you if it is not able to accept any order placed by you on the Company once the Company has considered any such order.
You may not cancel or defer an order placed by you using this website without the prior written consent of the Company even if the order has not yet been accepted by the Company, and you should therefore very carefully review any order for goods and services proposed to be placed by you using this website before it is placed.
7. Errors
You acknowledge and agree that despite reasonable precautions being taken, goods and services may be listed at an incorrect price or with incorrect information due to errors, corruption or like events.
In these circumstances, the Company will be entitled to cancel the order or to adjust the price for goods and services ordered by you using this website to the correct price and information and you agree to pay the Company such corrected price.
8. Payment
Payment for goods and services ordered using this website must be made in accordance with the Terms and Conditions.
If you authorise or make payment by credit card using this website, you represent and warrant to the Company that you are the holder of the credit card (or a duly authorised person of the credit card holder) and authorise the Company to debit the credit card for all monies owing to the Company for goods and services ordered by you from the Company using this website.
You also acknowledge and agree that the Company is not required to enquire as to the authenticity of orders for goods and services using the Customer’s Log-in and password nor is the Company required to refer to the Customer or the holder of the credit card before debiting the credit card for monies owing to the Company for goods and services ordered by the Customer from the Company using this website.
9. Return of Goods
Goods may only be returned in accordance with the Terms and Conditions, and you should therefore very carefully review any order for goods and services proposed to be placed by you using this website before it is placed.
In the event the Company agrees to accept goods for return that are not damaged, oversupplied, incorrectly supplied or defective, the Company may charge a fee for the return of such goods.
10. Cancelled Orders
In the event the Company agrees to you canceling or deferring an order placed by you using this website in accordance with Clause 6 of these Terms of Use, the Company may charge a fee for the cancellation of such order.
11. Intellectual Property
The material on this website is copyright and is either owned or licensed by the Company. Other than for the purposes of, and subject to the conditions prescribed under the, Copyright Act 1968 (Cth) and except as expressly prescribed in these Terms of Use, you may not in any form or by any means:
(a) adapt, reproduce, store, distribute, print, display, perform, publish or create derivative works from any part of this website; or
(b) commercialise any information, products or services obtained from any part of this website,without the prior written consent of the Company.
You are not permitted to use the trade marks, designs or other intellectual property rights of the Company without the prior written consent of the Company.
12. Restricted Use
Except as expressly prescribed in these Terms of Use or as otherwise authorised by the Company in writing, the Customer is provided with access to this website for the personal use of the Customer, and the Customer may not pass on or otherwise disclose any of the information contained on this website to any other person or trading entity.
Without limiting the foregoing, the Customer is authorised to print hard copy portions of this website for the Customer’s own internal records and solely in connection with orders placed by the Customer using this website.
13. Warnings
You must take your own precautions to ensure that your use of this website does not expose you to risk of viruses or other forms of interference which may damage your computer system.
The Company does not warrant the accuracy, adequacy or completeness of information contained on this website, nor does the Company undertake to keep this website updated. The Company does not accept responsibility for any loss suffered as a result of reliance by you upon the accuracy or currency of this website.
You acknowledge that there is risk of unauthorised access to or alteration of your transmission of data or information using this website.
The Company does not accept responsibility or liability for any of the foregoing.
14. Linked Web Sites
This website may contain links to other websites.
Those links are provided for convenience only, and the Company does not endorse or make any representations or warranties about those websites. The use of such websites is at the Customer’s own risk in all things.
15. Privacy Policy
The Company’s privacy policy can be accessed from this website.
16. Indemnity
The Customer agrees to indemnify and keep the Company fully indemnified from and against any and all suits, actions, claims, demands, losses, liabilities, damages, costs and expenses which the Company may suffer or incur arising in any way in connection with the Customer’s use of this website or a breach by the Customer of these Terms of Use.
17. Disclaimer
To the maximum extent permitted by law, any condition or warranty which would otherwise be implied into these Terms of Use is hereby excluded.
To the maximum extent permitted by law and subject to the following paragraph of this Clause 15, the Customer agrees that the Company has no liability, and will not be liable, to the Customer or any other person whether in contract, tort or otherwise for any costs, expenses, injury, loss or damage of any kind (including, without limitation, direct, indirect, special or consequential loss or damage of any kind, loss or profits, loss or corruption of data, business interruption or indirect costs) the Customer or any other person may suffer or incur (whether by the negligence or fault of the Company or otherwise, except where the Company has purposefully acted in bad faith) arising in any way in connection with the use of this website by the Customer.
If rights are conferred upon the Customer or obligations are imposed upon the Company by certain Federal or State legislation which cannot be excluded, the provisions of this Clause 15 shall be read subject to those rights or obligations, and to the extent permitted by such legislation the Company hereby expressly limits its liability under any such legislation to the maximum extent permitted by law.
Subject to the preceding paragraph of this Clause 15, the Customer agrees that the liability of the Company (which cannot be limited beyond the following provisions) is limited to:
(a) in the case of the supply of goods by the Company, any 1 or more of the following (at the Company’s option):
(i) the replacement of the goods or the supply of equivalent goods;
(ii) the repair of the goods;
(iii) the payment of the costs of replacing the goods or of acquiring equivalent goods; or
(iv) the payment of the costs of having the goods repaired; or
(b) in the case of the supply of services by the Company, any 1 or more of the following (at the Company’s option):
(i) the supply of the services again; or
(ii) the payment of the costs of having the services supplied again.
Without reducing the effect of, and subject always to, the preceding provisions of this Clause 15, the Company’s total aggregate liability (if any) to a Customer arising in any way in connection with the use of this website will not, in any event, exceed the amount invoiced by the Company to the Customer in connection with the use of this website by the Customer pursuant to which any such liability of the Company to the Customer arises.
For the sake of clarification, nothing in the preceding provisions of this Clause 15 is to be construed as the Company having any actual or deemed liability to the Customer or any other person as a result of or in any way arising out of or in connection with the use of this website.
18. Miscellaneous
Nothing in these Terms of Use shall be read or applied so as to exclude, restrict or modify or have the effect of excluding, restricting or modifying any condition, warranty, guarantee, right or remedy implied by law (including, without limitation, the Trade Practices Act 1974) and which by law cannot be excluded, restricted or modified.
Headings used in these Terms of Use are for convenience only and shall be ignored in construing these Terms of Use.
“Terms and Conditions” means the terms and conditions of the Company on which goods and services are supplied by the Company as they appear on this website (or which have otherwise previously been agreed to by the Customer) as may be varied by the Company from time to time by the Company amending the Terms and Conditions as they appear on this website or by notice in writing to you.
The failure of the Company to enforce or exercise at any time or for any period of time any term of any contract incorporating these Terms of Use shall not constitute or be construed as a waiver of such term and shall in no way affect the Company’s right thereafter to enforce or exercise same.
Any provision of these Terms of Use which is or becomes prohibited or unenforceable in any jurisdiction shall, as to such jurisdiction, be ineffective and severed to the extent thereof without invalidating any other provision of these Terms of Use, and any such prohibition or unenforceability shall not invalidate such provision in any other jurisdiction.
These Terms of Use and any contract entered into between the Company and the Customer shall be governed by and construed in accordance with the laws of the State of Victoria, Australia and the Customer hereby irrevocably and unconditionally submits to the non-exclusive jurisdiction of the Courts of the State of Victoria, Australia and of any Courts which may hear appeals therefrom; provided however that these Terms of Use may be enforced by the Company against the Customer in any other jurisdiction.