website (Website) is owned and operated by Torstar Holdings Pty Limited
(ABN 82 001 927 528).
or accessing the Website, you acknowledge that you have read, understood, and
Use, please do not use the Website.
an order on the Website, customers must be aged 18 or older.
controls and operates the Website from its offices within Australia. These
Terms & Conditions are governed by the laws of the State of New South Wales.
You and Torstar agree to submit to the non-exclusive jurisdiction of the courts
of New South Wales. If you choose to access this site from another location,
you are responsible for compliance with applicable local laws. Torstar makes no
representation that the Website is appropriate or available for use in all
may revise or amend these Terms & Conditions at any time in its absolute
discretion by posting revised terms. By continuing to use this site after any
revision becomes effective, you agree to be bound by the revised Terms &
may revise its product prices at any time in its absolute discretion.
contents, ownership, and use restrictions
material on this Website is protected by all applicable laws including
copyright and trade mark laws under the laws of Australia and other countries
through international treaties.
otherwise indicated and except for information directly from, or links to,
third party websites, all rights (including copyright) in all content, other
material and compilations contained in, or used to create or support the
Website including text, graphics, logos, button icons, video images, audio
clips and navigational and other software (collectively referred to as the
Contents) are owned or controlled, and are reserved by Torstar and its related
companies, affiliates, licensors and licensees.
right, title and interest in all intellectual property rights in all of Torstar'
brands, logos, images, buttons, codes, layout, text, content and products and
services as displayed on the Website (the "Torstar Features")
are the property of Torstar and will remain or be vested in Torstar at all
times. Your use of the Website will not under any circumstances be taken to
constitute a transfer, assignment or grant of any ownership rights in any of
the Torstar Features or the Website. Torstar, on a case by case basis and to
the extent required, grants to you a limited, non-exclusive licence to use the Torstar
Features solely for the purpose, and to the extent necessary, to enable you to
use the Website.
Information from and Advertising and Links to Third Party Websites
Website may contain information from or hyperlinks and other pointers to
internet websites operated by third parties. Such information or websites are
not under the control of Torstar and Torstar is not responsible for the
contents of any such information or website. Torstar provides such information
and hyperlinks to you as convenience only, and the inclusion of any link does
not imply any endorsement of the linked website by Torstar. You rely on such information
or websites entirely at your own risk.
referred to the relevant third party websites for all information regarding the
third parties' products and/or services. Third parties are solely responsible
to you, subject to their conditions, for all issues relating to their website
including information, goods, services, prices and the delivery of any goods or
services you purchase on the third party website. To the extent that such
websites collect personal information or contributions from you, Torstar shall
bear no responsibility or liability for the manner in which such information is
used or exploited. You are referred to the relevant third party's privacy
policy for information on how personal information is collected, used and
disclosed by that third party.
Website may also utilise social network or share functionality and may contain
social media links, applications or features (including but not limited to
Facebook, Twitter and Instagram). Your use of any social media platforms is subject
to the particular social media platform's prevailing terms and conditions of
use. By using any social media applications or features, you consent and agree
to be bound to the particular terms and conditions of use of the social media
platform. You are encouraged to review the terms and conditions of use of each
social media platform before engaging or interacting with any social media
links, applications or features on the Website. The Website is in no way
sponsored, endorsed or administered by, or associated with, any social media
- You are not authorised,
without the prior written permission of Torstar to reproduce, frame,
download, store (in any medium), communicate, show or play in public,
adapt, change, or create a derivative work from the Website.
- No trademark (whether
registered or otherwise) that is contained on this site or otherwise used
by Torstar may be used without Torstar’ prior, specific, written
permission or that of the trademark owner
- You must not upload, post,
transmit or otherwise make available through this site any material which:
- violates or infringes the
rights of others (including their privacy and intellectual property
- is unlawful, threatening,
abusive, defamatory, invasive of privacy, vulgar, obscene, profane or
which may harass or cause distress or inconvenience to, or incite hatred
of, any person;
- encourages conduct that
would constitute a criminal offence, give rise to civil liability or
otherwise violate any law; restricts or inhibits any other user from
using the site;
- affects the functionality
or operation of the site or its servers or the functionality or operation
of any user's computer systems (e.g. by transmitting a computer virus or
other harmful component, whether or not knowingly);
- breaches any standards,
content requirements or codes promulgated by any relevant authority,
including authorities that require Torstar to take remedial action under
any applicable industry code; or
- solicits passwords or
personal information for commercial or unlawful purposes or provides any
telephone numbers, street addresses, last names, URLs or email addresses.
to indemnify and will keep Torstar (and its related bodies corporate,
personnel, servants and agents) indemnified against any claim, demand, injury,
damage, loss, expense, cost or liability (whether direct or indirect) made
against or suffered by Torstar (or its related bodies corporate, personnel,
servants and agents) in connection with your use of the Website, your breach of
Disclaimer of warranty
is providing the Website on an 'as is' and 'as available' basis and use of it
is at your own risk. Torstar and its related companies, affiliates, licensors
or licensees, and their respective directors, officers, employees or agents
make no representation or warranty as to the accuracy, completeness, currency
or reliability of the information contained on the Website (including in
relation to any products or services). To the extent permitted by law, none of
them will be liable or responsible in any way (including in negligence) for
errors in, or omissions from, the information contained on the Website. To the
extent permitted by law, Torstar expressly disclaims all warranties of any
kind, whether express or implied, including (without limitation) implied
warranties or conditions of acceptability, merchantability or fitness for
Terms and Conditions of Purchase
services and prices may vary between Torstar retail stores and those found on
make purchases via the Website by selecting and placing your order in
accordance with these Terms and Conditions and as directed on the Website. Any
order placed by you in the manner described in the Website is an offer by you
to purchase a particular product or service for the price (including the
delivery and other charges) specified on the Website at the time you place your
acknowledge that, by placing your order, you are agreeing to pay for and accept
delivery of the goods or services ordered unless you ask us to cancel that
order, and we send you written confirmation of the cancellation prior to the
goods or services being dispatched to you.
placed by you is subject to your compliance with any specific limitations shown
on the Website (or applicable website).
may change the prices published on the Website at any time. You agree to pay
the price current at the time of payment.
require additional verification or information before accepting any order.
accept orders from within mainland Australia and Tasmania. Within this area,
warrant that all details you provide to us when placing an order are current,
correct and complete, that you are an authorised user of the Paypal account or
credit or debit card used to place your order and that your nominated Paypal
account or credit or debit card will cover the full cost of the purchase. Upon
receiving your order, we will carry out a standard pre-authorisation check of
your payment method (if applicable) to verify the details submitted and to
ensure there are sufficient funds to fulfil the transaction. Purchases will not
be dispatched until this pre-authorisation check has been completed. If we are
unable to successfully process your Paypal account or debit or credit card
payment for your order, we may notify you of dishonour and cancel your order.
reserve the right to reject your order for products or services purchased
through the Website for any reason, including but not limited to if the
products or services are not available, if there is an error in the description
or price of the requested products or services as advertised on the Website or
if there is an error in your order. If we reject your order, we will notify you
by email of our rejection at the time you place the order or within a
reasonable time thereafter and give you the option of reconfirming your order,
changing your order or cancelling your order. If we are unable to contact you,
we will treat the order as cancelled. If your order is cancelled and you have
already paid for your purchase, you will receive a full refund.
and service availability may vary between Torstar retail stores and the Website
due to different customer offers.
prices are inclusive of GST.
displayed on the Website are current at the time of issue, but may change at
any time and are subject to availability.
and availability of items are subject to change without notice.
permitted, we reserve the right to limit sales, including the right to prohibit
sales to re-sellers. We reserve the right to contact you at the time you place
the order or within a reasonable time thereafter if we have any concern about
the quantity of products or services you have purchased. You must not pay, or
attempt to pay, for purchases through any fraudulent or unlawful means.
See our Delivery Policy.
See our Returns Policy.
the goods purchased from Torstar online does not pass from Torstar to you until
we have received payment in full for the goods. All risk in the goods passes to
you upon delivery to your address.
Australian Consumer Law Consumer Guarantee Rights
goods and services come with guarantees that cannot be excluded under the
Australian Consumer Law.
goods, you are entitled to a replacement or refund for a major failure and for
compensation for any other reasonably foreseeable loss or damage. You are also
entitled to have the goods repaired or replaced if the goods fail to be of
acceptable quality and the failure does not amount to a major failure.
Additional product warranties
product or services you purchase may come with an additional warranty to your
Consumer Law rights and remedies. When provided, the warranty period,
provisions and the person providing the warranty relating to your purchase vary
according to the product or service you have purchased. Please refer to product
packaging and brochures to determine the warranty term and warranty conditions
for your purchase.
Exclusion of liability
extent permitted by law, Torstar will not be liable in contract, tort
(including negligence) or otherwise, for any direct, indirect, special,
consequential or punitive loss or damages or any loss or damages whatsoever,
including (but not limited to) loss of use, data, or profits, arising out of or
in connection with: (1) the use, copying, or display of the contents of the
Website; or (2) goods or services supplied by Torstar under these Terms and
Limitation of liability
- To the extent permitted by
law, Torstar’s liability to you is limited, at Torstar’ option, to:
- in the case of goods, the
repair or replacement of the goods or the re-supply of equivalent goods
(or paying the cost of any of these); or
- in the case of any services
supplied by Torstar, to supplying the services again (or paying the cost
of having the services supplied again).
- To the extent permitted by
law, in no event will Torstar, its officers, employees or agents be liable
for any consequential or indirect loss or damage, any loss of business or revenue,
loss of profit, loss of opportunity, loss of data, loss of goodwill or
loss of business reputation arising out of or in connection with the
supply of goods or services under these Terms and Conditions.
- This agreement is not
intended to exclude, restrict or modify any right which you have at law
which may not be excluded, restricted or modified by agreement.
collects, uses, holds and discloses personal information in accordance with its
interaction with the Website, Torstar will receive and store information that
you provide or that is generated by your actions. For example, like many
websites, Torstar uses "cookies" and other technologies, to collect
information about matters including but not limited to the date, time and
duration of visits and which pages of the Website are most commonly accessed.
information is generally not linked to the identity of visitors, except where
the Website is accessed via links in an email or another electronic message we
have sent or where we are able to uniquely identify the device or user
accessing the Website, such as when you are logged into an account.
use this information for purposes including but not limited to understanding
and measuring your online experiences, determining what products, promotions
and services are likely to be of interest to you, and to provide you with
relevant marketing materials when you visit third party websites.
generally set your browser to accept all cookies, to reject all cookies, or to
notify you whenever a cookie is offered so that you can decide each time
whether to accept it. To learn more about cookies and how to specify your preferences,
you can search for "cookie" in the "Help" (or similar)
portion of your browser.
Creating an Account
not need to register a user account to access and browse the Website. However,
in order to use some parts of the Website, you may be required to register an
account in the manner set out on the Website (each an "Account").
Torstar reserves the right to refuse or cancel registration of an Account for
any reason in its sole discretion. Any decision of Torstar is final and no
correspondence will be entered into.
information provided when registering an Account must be current, correct and
complete. Incomplete, ineligible or incomprehensible Account registrations will
not be valid. You must be logged in to your Account in the manner required each
time you wish to make a purchase via the Website or otherwise where indicated.
You may never use another person's Account without their permission.
responsible for maintaining the strict confidentiality of your Account details
and for any activity under your Account. You agree to immediately notify Torstar
of any unauthorised use of your Account or any other breach of security. It is
your sole responsibility to control access to and use of your Account and to
notify Torstar when you desire to cancel your Account. Torstar will not be
responsible or liable for any loss or damage arising from your failure to
comply with this provision.
of any automated software or any other mechanical or electronic means allowing
users to create Accounts is prohibited.
Business Account Terms and Conditions
Ltd referred to as "Torstar")
applying for a 30-Day Business Account with Torstar, you or your business
entity on whose behalf you are acting (who in these 30-Day Business Account
Terms and Conditions will be referred to as “the Customer”) acknowledge that
any credit granted following this application will be subject to these 30-Day Business
Account Terms and Conditions or as subsequently varied by Torstar in accordance
with clause 18.
ensure you keep your contact details up to date in your online 30-Day Business
terms are “Net 30 Days”, payment being due within 30 days from the date of
invoice unless alternative terms are agreed upon by Torstar in writing. Account
payments are not subject to any settlement discount.
Business Account credit
Business Account credit limit approved by Torstar and advised to the applicant
must not be exceeded. Torstar periodically reviews its credit limits. By
agreeing to these 30-Day Business Account Terms and Conditions, the Customer
permits Torstar to review and revise its credit limit from time to time. Torstar
may increase the Customer's credit limit at the Customer's specific request if Torstar,
in its absolute discretion, is satisfied that the Customer is sufficiently
creditworthy. Torstar may also reduce the Customer's credit limit either upon
the Customer's request, or without the Customer's approval, but Torstar will
not reduce the Customer's credit limit below the outstanding balance on the
Account at the time of the reduction without prior communication with the
in Goods invoiced remains with Torstar and does not pass to the Customer until
payment is made in full. Notwithstanding the ownership in the Goods remaining
with Torstar until full payment is made, risk in the Goods passes to the
Customer immediately upon delivery of the Goods to the Customer.
Personal Property Securities
determines that these 30-Day Business Account Terms and Conditions (or a
transaction in connection with it) are or creates a security interest for the
purposes of the Personal Property Securities Act 2009 (Cth), the Customer
agrees to do all things which Torstar considers necessary for the purposes of
registering its security interest, including providing consents, signing and
producing documents, or supplying information.
or its representatives, reserves the right to actively pursue collection of
outstanding amounts, and costs, if any, will be passed on to the account of the
may at any time set-off amounts owed by Torstar to the Customer from the
amounts owed by the Customer to Torstar. Torstar will ordinarily apply payments
against the oldest outstanding amount due.
Customer warrants to Torstar that:
- all statements made and
documents provided in connection with the credit application and all
representations that the Customer has made or may make during the term of
these 30-Day Business Account Terms and Conditions to Torstar are true and
- the credit account is
required for the Customer's business or commercial purposes and will not
be used for personal, domestic or household purposes.
Customer acknowledges that Torstar relies on the correctness of these
warranties in approving the credit application and continues to rely on these
warranties in its further dealings with the Customer.
Customer indemnifies and holds harmless Torstar and its officers, employees and
agents from and against all actions, claims, proceedings or demands which may
be brought or made against it or them or any of them in respect of any loss,
injury, or damage arising out of any:
- unauthorised use of the
Customer's credit account or Account Card/s;
- any breach of these terms
and conditions by the Customer; or
- any negligent act or
omission by the Customer,
and against all damages and reasonable costs and expenses incurred in defending
or settling any action, claim, proceeding or demand arising from such breach,
act or omission.
So far as
the law permits, the liability of Torstar for a breach of a condition or
warranty that cannot be excluded is limited, at the option of Torstar, to:
- the replacement or repair of
- the supply of equivalent
- the cost of replacing or
repairing the Goods or of acquiring equivalent goods.
hereby advises that, pursuant to s. 18E(8) of the Privacy Act 1988, information
disclosed in the course of this credit application may be disclosed to a credit
reporting agency. Under Section 18E(8)(c) of the Privacy Act 1988 Torstar is
allowed to give a credit reporting agency personal information about the
Customer's credit application, information which may be given to an agency is
covered by Section 18E(1) of the Act and includes identity particulars (as
permitted by the Privacy Commissioner's determination issued under Section
18E(3)); the fact that the Customer has applied for credit and the amount, the
fact that Torstar is a credit provider to the Customer, payments which become
overdue outside of agreed trading terms and for which collection action has
been commenced; advice that payments are no longer overdue; cheques drawn by
the Customer which have been dishonoured more than once; in specific
circumstances, that in the opinion of Torstar you have committed a serious credit
infringement; that credit provided to you by Torstar has been paid for or
to ss. 18K(1) and 18N (1) of the Privacy Act 1988 and para. 2.12 of the Credit
Reporting Code of Conduct issued under s. 18A of that Act, the Customer hereby
agrees to Torstar obtaining personal information from a credit reporting agency
or a credit provider for the purpose of assessing this application for
commercial credit (including information as to creditworthiness); and agree to
that agency or provider providing that information to Torstar for that purpose.
You further agree to the obtaining from, and provision by, such agency or
provider further credit reports, which may assist Torstar in recovering any
sums outstanding under the terms of the commercial credit agreement to which
this application may lead.
responsible for any stamp duty or other government charges levied on or in
connection with this Application, Terms and Conditions, credit facility or
are a body corporate, Torstar may require one or more of your directors or
officers to guarantee repayment of the balance of the credit facility. Torstar
will notify you of this requirement and seek your consent.
notify Torstar promptly of any change in your name, address, telephone number
or any other contact details you have previously provided to Torstar. To notify
any such changes, you must record those details in your online 30-Day Business
If you or
an authorised operator:
- obtain credit by fraud or
- allow the amount of a
monthly statement to remain unpaid for more than 30 days from its due
- breach any of these terms
and conditions; or
- being an individual commit an
act of bankruptcy or become insolvent under administration; or
- become an
externally-administered body corporate or have an application for
winding-up filed against you; or
- use the credit facility in
circumstances where Torstar believes that the continued use of the credit
facility may cause loss or damage to you or Torstar; or if
- any person who has
guaranteed your obligations under the credit facility withdraws his, her
or their guarantee, then Torstar may close or suspend the credit facility.
If the credit facility is closed or suspended, then Torstar may require
immediate payment of all outstanding amounts. Suspension or cancellation
does not affect any of your obligations or those of any authorised
operator in respect of the credit facility.
served under these 30-Day Business Account Terms and Conditions may be
delivered by post, or by email to:
- the Customer - at the postal
or email address provided in the credit application or notified in writing
by the Customer to Torstar from time to time;
- Torstar - at 19/26-32 Abel
Street, Penrith New South Wales 2750; email email@example.com.
taken to be given:
hand delivered, on delivery;
sent by pre-paid post, three (3) business days after the date of posting for
local or interstate mail; or
sent by email, will be taken to be duly given or made on receipt by the sender
of an acknowledgment by the intended recipient that the notice has been
received (other than by way of an automatically generated message by the mail
server on which the recipient's email account is stored).
may vary the terms and conditions of the Account with respect to future
transactions between Torstar and the Customer:
- by agreement between Torstar
and the Customer; or
- unilaterally by Torstar
giving to the Customer not less than seven days' prior written notice
specifying the variation and the date on which the variation becomes
the variation under this clause need not be sent separately and may be sent with
the Customer's statement of account or as part of any other correspondence.
Customer must not assign the Contract without the consent in writing of Torstar
which it may withhold in its absolute discretion.
by Torstar to enforce its obligations under the Contract does not constitute
waiver of Torstar's rights unless it is in writing, nor does it affect the
obligation of the Customer to make any further payments as and when they fall
Business Account Terms and Conditions are governed by the laws in force in New
South Wales, Australia.
of Use of Account
following terms apply to the use of a customer account:
- Upon account approval, you
will be issued with a user name and password to enable you to log in to
- The Customer is liable for
all transactions entered into on its account, including all losses caused
by unauthorised use of the customer account or any customer account card
- caused by the wrongful
conduct of Torstar' employees;