Terms & Conditions

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Website Terms and Conditions of Use

1. About the Website

(a) Welcome to www.trinityls.com.au (the ‘Website’). The Website provides you with an opportunity to browse and purchase various products which have been listed for sale through the Website (the ‘Products’). The Website provides this service by way of granting you access to the content on the Website (the ‘Purchase Services’).

(b) The website is operated by Trinity Landscape & Sport (ABN 34 995 369 100) (‘Trinity LS’). Access to and use of the Website, or any of its associated Products or Services, is provided by Trinity LS 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 its Services, immediately.

(c) Trinity LS reserves the right to review and change any of the Terms by updating this page at its sole discretion. When Trinity LS updates the Terms, it will use reasonable endeavors 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

(a) You accept the Terms by remaining on the Website. You may also accept the Terms by clicking accept or agree to the terms where this option is made available to you by Trinity LS in the user interface.

3. Requesting a Quote

(a) This Website allows you to request a free quote regarding the pricing of Trinity LS’s tailored landscaping solutions. Requests for quotes are made through the quotation system provided (‘the Quotation System’). Should you wish to proceed with the quote, you will be issued with a separate set of terms and conditions that will govern the services.

4. Delivery

(a) We aim to deliver products to you at the place of delivery (“Delivery”) requested by you within the time indicated by us at the time of your Order generally depending on the product type, size and location, but we can’t absolutely guarantee firm Delivery dates or times. Delivery options are set out although such information is indicative only.

(b) If products are in stock

(c) We will try to let you know if we expect to be unable to meet our estimated Delivery date or time, but, to the extent permitted by law, we will not be liable to you for any losses, liabilities, costs, damages, charges or expenses arising out of late or delayed Delivery.

(d) We will aim to leave the Order at the address advised by you at the time of purchase. You must ensure that you are able to take Delivery of the product without undue delay and at any time reasonably specified by us. Our delivery partners may contact you email or via SMS prior to delivery to provide you with different delivery options, including giving ‘authority to leave’ the item at the address, or have delivery re-routed to a collection point. Alternatively, the courier may leave a card requesting your instructions on either re-delivery or collection from the carrier or a collection point.

(e) By default, you provide authority to leave items at the address specified in your Order. If the delivery driver deems the area unsafe in their discretion, your Order will be redirected to a collection point, redelivered in the next Delivery run (where available) or returned back to our Fulfilment Centre. If Delivery or collection is delayed through your unreasonable refusal to accept Delivery or if you do not (within two weeks of our first attempt to deliver the product to you) accept Delivery or collect the product from the carrier, then we may (without affecting any other right or remedy available to us) do either or both of the following:

i. Charge you for our reasonable storage fees and other costs reasonably incurred by us; or

ii. No longer make the product available for Delivery or collection and notify you that we are cancelling the applicable Contract, in which case we will refund to you any money paid to us in accordance with our returns policy, less our reasonable administration charges (including for attempting to deliver and then returning the product, and any storage fees and other costs provided for above).

(f) Please note that it might not be possible for us to deliver to some locations, nor are we able to offer equivalent delivery options to locations that we do service. If we are unable to deliver to your location, we will inform you on the relevant product page, or alternatively use the contact details that you provide to us when you make your Order and arrange for cancellation of the Order or delivery to an alternative delivery address.

(g) Unless otherwise specified by you, all risk in the product shall pass to you upon Delivery. If Delivery is delayed, risk shall pass at the date when delivery would have occurred. From the time when risk passes to you, we will not be liable for loss or destruction of the product.

(h) You must take care when opening the product so as not to damage it, particularly when using any sharp instruments.

5. Personal Information

(a) When requesting a quote or purchasing a Product, you will be required to provide personal information including but not limited to:

i. Full name

ii. Email address

iii. Mailing address

iv. Telephone number

(b) You agree that all details that you have provided in completing the purchase or requesting a quote are accurate, correct and up to date.

i. You are not of legal age to form a binding contract with Trinity LS; or

ii. You are a person barred from receiving the Purchase Services under the laws of Australia or other countries including the country in which you are resident or from which you use the Purchase Services.

6. Purchase of Products

(a) The Website provides you with an opportunity to make a purchase by accessing the content on the Website (the ‘Purchase Services’).

(b) In using the Purchase Services to purchase tailored landscaping solutions (the ‘Solutions’), you will agree to the payment of the Purchase Price listed (the ‘Purchase Price’)

(c) Payment of the Purchase Price and any associated costs may be made with debit card and credit card through the available payment options (the ‘Payment Gateway Providers’).

(d) If you are making payment through a payment plan (e.g., Afterpay), your original method of payment will be direct debited according to the respective payment plan option.

(e) Following payment of the Fees being confirmed by Trinity LS, you will be issued with a receipt to confirm that the payment has been received and Trinity LS may record your purchase details for future use.

(f) You acknowledge and agree that where a request for the payment of the Fees is returned or denied, for whatever reason, by your financial institution or is unpaid by you for any other reason, then you are liable for any costs, including banking fees and charges, associated with the Fees.

(g) In the event that any payment under the Terms is not made in full on the due date, Trinity LS is entitled to charge you interest at the rate of 8% per annum, calculated daily.

(h) You agree that if you default on any payments due and payable under the Terms, any costs incurred by Trinity LS for steps taken to enforce payment terms will be recoverable and payable by you.

(i) Unless otherwise stated, all amounts are listed in Australian Dollars (AUD) and are GST exclusive, being goods and services tax as defined in A New Tax System (Goods and Services Tax) Act 1999, exclusive amounts. Where the services are provided outside Australia, GST is inapplicable.

7. User Generated Content

(a) If you choose to contribute any content to the Website or any other platform operated by Trinity LS, you are solely responsible for it. This includes comments, reviews, tweets, posts, photos, pictures, images, videos, materials or other user-generated content or information (‘Your Content’).

(b) By contributing content to the Website or other platform, you grant Trinity LS a royalty-free, non-exclusive license to use Your Content in any way that it chooses. This may include the use of your photos or video on other parts of the Website, advertising, promotions, or social media accounts held by Trinity LS.

(c) Additionally, if you post Your Content with any personal information including identifying information such as location or name, you agree Trinity LS can use that information with Your Content for advertising and promotional purposes, or any other business purpose

(d) You confirm you own or have the right to use any copyright material included in Your Content (including replies to Trinity LS’s social media posts, reviews, music, photos, quotes and excerpts of audio or video), that you have permission of anyone appearing or performing in Your Content and that you are not infringing any third-party rights by submitting the content to Trinity LS. You also confirm you have, where appropriate, sought the consent of the parent or guardian of any person under the age of 18 who is featured in Your Content.

(e) Please ensure you keep your own copies of Your Content as Trinity LS may not archive, store or back-up Your Content nor continue to make Your Content accessible online.

(f) Trinity LS will endeavor to provide you with an appropriate credit when using Your Content on Trinity LS’s platforms, though you understand and agree this may not always be possible.

(g) Trinity LS reserves the right to remove Your Content at any time. Your Content must not be malicious, libelous, false, inaccurate, threatening, abusive, obscene, defamatory, or racially, sexually, religiously, or otherwise objectionable and offensive.

8. Your Obligations as a Customer

(a) As a customer, you agree to comply with the following: You will use the Purchase Services only for purposes that are permitted by:

i. The Terms;

ii. Any applicable law, regulation or generally accepted practices or guidelines in the relevant jurisdictions;

9. Returns Policy

(a) There are no refunds payable unless product is defective.

(b) To seek a refund for any defective product, you must write to us at sales@trinityls.com.au with details of the product received and photo evidence within 48 hours of receiving your delivered products or purchase.

10. Warranty

(a) Trinity LS’s Products come with guarantees that cannot be excluded under the Australian Consumer Law. You are entitled to a replacement or refund for a major failure of the Product and compensation for any other reasonably foreseeable loss or damage. You are also entitled to have the Products repaired or replaced if the Products fail to be of acceptable quality and the failure does not amount to a major failure (the ‘Warranty’).

(b) You may make a claim under this clause (the ‘Warranty Claim’) for material defects within five (5) years from the date of purchase. You may make a claim under this clause for workmanship defects within twelve (12) months from the date of purchase.

(c) In order to make a Warranty Claim during the Warranty Period, you must provide proof of purchase to Trinity LS showing the date of purchase of the Products by sending written notice by email to sales@trinityls.com.au.

(d) Where the Warranty Claim is accepted then Trinity LS will, at its sole discretion, either repair or replace any defective Products or part thereof with a new or remanufactured equivalent during the Warranty Period at no charge to you for parts or labour. You acknowledge and agree that you will be solely liable for any shipping, postage or delivery costs incurred in facilitating the Warranty Claim.

(e) The warranty shall be the sole and exclusive warranty granted by Trinity LS 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.

(f) All implied warranties including the warranties of merchantability and fitness for use are limited to the Warranty Period.

(g) 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.

11. Copyright and Intellectual Property

(a) The Website, the Purchase Services and all of the related products of Trinity LS 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 Trinity LS or its contributors.

(b) Trinity LS 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:

i. the business name, trading name, domain name, trademark, industrial design, patent, registered design, or copyright of Trinity LS; or

ii. the right to use or exploit a business name, trading name, domain name, trademark, or industrial design; or

iii. 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).

(c) You may not, without the prior written permission of Trinity LS 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 content 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.

12. Privacy

(a) Trinity LS takes your privacy seriously and any information provided through your use of the Website and/or the Purchase Services are subject to Trinity LS’s Privacy Policy, which is available on the Website.

13. General Disclaimer

(a) You acknowledge that Trinity LS does not make any terms, guarantees, warranties, representations, or conditions whatsoever regarding the Products other than provided for pursuant to these Terms.

(b) Trinity LS will make every effort to ensure a Product is accurately depicted on the Website, however, you acknowledge that sizes, colours and packaging may differ from what is displayed on the Website.

(c) 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.

(d) Subject to this clause, and to the extent permitted by law:

i. all terms, guarantees, warranties, representations, or conditions which are not expressly stated in these Terms are excluded; and

ii. Trinity LS 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 Purchase Services or these Terms (including as a result of not being able to use the Purchase Services or the late supply of the Purchase Services), whether at common law, under contract, tort (including negligence), in equity, pursuant to statute or otherwise.

(e) Use of the Website, the Purchase Services, and any of the products of Trinity LS, is at your own risk. Everything on the Website, the Purchase Services, and the Products of Trinity LS, 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 Trinity LS make any express or implied representation or warranty about its Content, or any products or Purchase Services (including the products or Purchase Services of Trinity LS) 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:

i. 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 unauthorized access to records;

ii. the accuracy, suitability, or currency of any information on the Website, the Purchase Service, or any of its Content related products (including third party material and advertisements on the Website);

iii. costs incurred as a result of you using the Website, the Purchase Services or any of the Products;

iv. the Content or operation in respect to links which are provided for the User’s convenience;

v. any failure to complete a transaction, or any loss arising from e-commerce transacted on the Website; or

vi. any defamatory, threatening, offensive or unlawful conduct of third parties or publication of any materials relating to or constituting such conduct.

14. Termination of Contract

(a) The Terms will continue to apply until terminated by either you or by Trinity LS as set out below. If you want to terminate the Terms, you may do so by:

i. notifying Trinity LS at any time; and

ii. closing your accounts for all of the Purchase Services which you use, where Trinity LS has made this option available to you.

(b) Your notice should be sent, in writing, to Trinity LS via the ‘Contact Us’ link on our homepage.

i. you have breached any provision of the Terms or intend to breach any provision;

ii.Trinity LS is required to do so by law;

iii. the partner with whom Trinity LS offered the Purchase Services to you has terminated its relationship with Trinity LS or ceased to offer the Purchase Services to you;

iv. Trinity LS is transitioning to no longer providing the Purchase Services to Users in the country in which you are resident or from which you use the service; or

v. the provision of the Purchase Services to you by Trinity LS is, in the opinion of Trinity LS, no longer commercially viable.

(d) Subject to local applicable laws, Trinity LS reserves the right to discontinue or cancel your membership 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 Purchase Services without notice if you breach any provision of the Terms or any applicable law or if your conduct impacts Trinity LS’s name or reputation or violates the rights of those of another party.

(e) When the Terms come to an end, all of the legal rights, obligations, and liabilities that you and Trinity LS 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.

15. Indemnity

(a) You agree to indemnify Trinity LS, its affiliates, employees, agents, contributors, third party content providers and licensors from and against:

i. 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;

ii. 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

iii. any breach of the Terms.

16. Dispute Resolution

(a) Compulsory:

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 sought).

(b) Notice:

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:

i. Within 20 days of the Notice, endeavor in good faith to resolve the Dispute expeditiously by negotiation or such other means upon which they may mutually agree;

ii. If for any reason whatsoever, 20 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 New South Wales Civil and Administrative Tribunal (‘NCAT’) or his or her nominee;

iii. 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;

iv. The mediation will be held in New South Wales, Australia.

(d) Confidential:

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.

(e) Termination of Mediation:

If 20 days 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.

17. Venue and Jurisdiction

(a) The Purchase Services offered by Trinity LS 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 New South Wales, Australia.

18. Governing Law

(a) The Terms are governed by the laws of New South Wales, 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 New South Wales 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.

19. Independent Legal Advice

(a) 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.

20. Severance

(a) 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.