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Terms and Conditions

TERMS OF USE AGREEMENT

The use of this site is governed by the policies, terms and conditions set forth below. Please read these terms carefully before accessing or using our website, or engaging in our services. Your use of this site indicates your acceptance of these Terms and Conditions (“Terms of Service”, “Terms”, “T&Cs”). Your placement of an order indicates your acceptance of these T&Cs. Your submittal of any purchase order to tribetropical.com.au indicates that you agree to be bound to the following T&Cs and that you agree to acceptance of the terms outlined here within. These T&Cs shall supersede any subsequent terms or conditions included with any purchase order, whether or not such terms or conditions are signed by Tribe Tropical.

Throughout the site, the terms “we”, “us” and “our” refer to Tribe Tropical. Any new features or tools which are added to the current store shall also be subject to these T&Cs. These terms apply to all users of our site, including and without limitation, users who are browsers, vendors, customers, merchants and/or contributors of content.

Tribe Tropical reserves the right to make changes to this site and these terms at any time; it is your responsibility to check this page periodically for changes. Your continued use of or access to our website following the posting of any changes to these terms and conditions constitutes your acceptance of those changes.

By agreeing to these terms you represent that you are at least the age of majority in your state or province of residence and/or that you have given us your consent to allow any of your minor dependents to use this site.

The headings used in this agreement are included for convenience only and will not limit or otherwise affect these terms. A breach or violation of any of the terms enclosed here within will result in an immediate termination of our services to you.

SECTION 1 – COPYRIGHT AND TRADEMARK NOTICE

This site is owned and operated by Emadla Pty Ltd, trading as Tribe Tropical. Unless otherwise specified, all materials appearing on this site, including the text, site design, logos, graphics, icons, and images are the sole property of Emadla Pty Ltd. / Tribe Tropical. Tribe Tropical is protected by worldwide copyright.

No materials from this site may be copied, reproduced, sold, duplicated, modified or republished without written authorisation from Tribe Tropical.

SECTION 2 – ACCURACY, COMPLETENESS AND TIMELINESS OF INFORMATION

Occasionally there may be information on our site that contains typographical errors, inaccuracies or omissions that may relate to product descriptions, pricing, promotions, offers, product shipping charges, transmit times and availability. We reserve the right to correct any errors, inaccuracies or omissions and to change or update information or cancel orders if any information on any related website is inaccurate at any time without prior notice (including after you have submitted your order).

We are not responsible if information made available on this site is not accurate, complete or current. The material on this site is provided for general information only and should not be relied upon or used as the sole basis for making decisions without consulting primary, more accurate, more complete or more timely sources of information. Any reliance on the material on this site is at your own risk.

This site may contain certain historical information. Historical information, necessarily, is not current and is provided for your reference only. We reserve the right to modify the contents of this site at any time, but we have no obligation to update any information on our site. You agree that it is your responsibility to monitor changes to our site.

SECTION 3 – MODIFICATIONS TO THE SERVICE AND PRICES

Prices for our products are subject to change without notice. We reserve the right at any time to modify or discontinue our products and services or any part thereof without notice at any time. We shall not be liable to you or any third-party for any modification, price change, suspension or discontinuation of service.

SECTION 4 – PRODUCTS

We have made every effort to display as accurately as possible the colours of our products; we cannot guarantee that your computer monitor’s display of any colour will be accurate. Our items are not mass-produced; as such you can expect some minor variations in the design, colour, placement of items in a pattern and tones of the material – we do not offer refunds for items which may have minor variations to those shown in our online images.

We reserve the right to limit the sales of our products to any person, geographic region and jurisdiction. We may exercise this right on a case-by-case basis. We reserve the right to limit quantities, discontinue or alter the design of any products that we offer. All descriptions of products or product pricing are subject to change at anytime without notice, at the sole discretion of Tribe Tropical.

Certain products or services may be available exclusively online through our website. These products or services may have limited quantities and are subject to return or exchange only according to our Return Policy.

With time all products are subject to the possibility of discolouration, fading, pilling and wear; Tribe Tropical does not offer a lifetime guarantee on any of our products or services. To prolong the life of our products please adhere to the product care guides available on our website.

SECTION 5 – ORDER ACCEPTANCE POLICY

Your receipt of an electronic or other form of order confirmation does not signify our acceptance of your order, nor does it constitute confirmation of our offer to sell. Tribe Tropical reserves the right at any time after receipt of your order to accept or decline your order for any reason. Tribe Tropical reserves the right at any time after receipt of your order, without prior notice to you, to supply less than the quantity you ordered of any item. All orders placed must obtain pre-approval with an acceptable method of payment, as established by our credit and fraud avoidance department. We may require additional verifications or information before accepting any order.

We reserve the right to refuse any order you place with us. We may, in our sole discretion, limit or cancel quantities purchased per person, per household or per order. These restrictions may include orders placed by or under the same customer account, the same credit card, and/or orders that use the same billing and/or shipping address. In the event that we make a change to or cancel an order, we may attempt to notify you by contacting the e-mail and/or billing address/phone number provided at the time the order was made. We reserve the right to limit or prohibit orders that, in our sole judgment, appear to be placed by dealers, resellers or distributors.

Upon cancellation of an order we will make all reasonable attempts to contact you using the details provided. All received monies will be refunded using the method received should we be unable to fulfil it.

SECTION 6 – ACCURACY OF BILLING AND ACCOUNT INFORMATION

You agree to provide current, complete and accurate purchase and account information for all purchases made at our store. You agree to promptly update your account and other information, including your email address, credit card numbers and expiration dates, so that we can complete your transactions and contact you as needed.

SECTION 7 – OPTIONAL TOOLS AND PRODUCTS

We may provide you with access to third-party tools and products over which we neither monitor nor have any control nor input.
You acknowledge and agree that we provide access to such tools and products ‘as is’ and ‘as available’ without any warranties, representations or conditions of any kind, and without any endorsement. We shall have no liability whatsoever arising from or relating to your use of optional third-party tools and/or products.

Any use by you of optional tools and products offered throughout the site are entirely at your own risk and discretion, and you should ensure that you are familiar with and approve of the terms on which tools are provided by the relevant third-party provider(s).
We may also, in the future, offer new services and/or features through the website (including, the release of new products, tools and resources). Such new features and/or services shall also be subject to these terms.

SECTION 8 – THIRD-PARTY LINKS

Certain content, products and services available via our service may include materials from third-parties.
Third-party links on this site may direct you to third-party websites that are not affiliated with us. We are not responsible for examining or evaluating the content or accuracy and we do not warrant and will not have any liability or responsibility for any third-party materials or websites, or for any other materials, products, or services of third-parties.

We are not liable for any harm or damages related to the purchase or use of goods, services, resources, content, or any other transactions made in connection with any third-party websites. Please review carefully the third-party’s policies and practices and make sure you understand them before you engage in any transaction. Complaints, claims, concerns, or questions regarding third-party products should be directed to the third-party.

SECTION 9 – USER COMMENTS, FEEDBACK AND OTHER SUBMISSIONS

If, at our request, you send certain specific submissions (for example contest entries) or without a request from us you send creative ideas, suggestions, proposals, plans, or other materials, whether online, by email, by postal mail, or otherwise (collectively, ‘comments’), you agree that we may, at any time, without restriction, edit, copy, publish, distribute, translate and otherwise use in any medium any comments that you forward to us. We are and shall be under no obligation (1) to maintain any comments in confidence; (2) to pay compensation for any comments; or (3) to respond to any comments.

We may, but have no obligation to, monitor, edit or remove content that we determine in our sole discretion are unlawful, offensive, threatening, libelous, defamatory, pornographic, obscene or otherwise objectionable or violates any party’s intellectual property or these Terms of Service.

You agree that your comments will not violate any right of any third-party, including copyright, trademark, privacy, personality or other personal or proprietary right. You further agree that your comments will not contain libelous or otherwise unlawful, abusive or obscene material, or contain any computer virus or other malware that could in any way affect the operation of the service or any related website. You may not use a false e-mail address, pretend to be someone other than yourself, or otherwise mislead us or third-parties as to the origin of any comments. You are solely responsible for any comments you make and their accuracy. We take no responsibility and assume no liability for any comments posted by you or any third-party.

SECTION 10 – PERSONAL INFORMATION

Your submission of personal information through the store is governed by our Privacy Policy.  By ordering or registering on tribetropical.com.au you grant us the right to add your contact details to our database and email transactional order, shipping and product review emails. From time to time we may contact you about offers and new products. You can easily be removed by either unsubscribing via a link or contacting our Customer Service at [email protected] and we will remove you from marketing communications.

You understand that your content (not including credit card information), may be transferred unencrypted and involve (a) transmissions over various networks; and (b) changes to conform and adapt to technical requirements of connecting networks or devices. Credit card information is always encrypted during transfer over networks.

SECTION 11 – PROHIBITED USES

In addition to other prohibitions as set forth in the Terms of Service, you are prohibited from using the site or its content: (a) for any unlawful purpose; (b) to solicit others to perform or participate in any unlawful acts; (c) to violate any international, federal, provincial or state regulations, rules, laws, or local ordinances; (d) to infringe upon or violate our intellectual property rights or the intellectual property rights of others; (e) to harass, abuse, insult, harm, defame, slander, disparage, intimidate, or discriminate based on gender, sexual orientation, religion, ethnicity, race, age, national origin, or disability; (f) to submit false or misleading information; (g) to upload or transmit viruses or any other type of malicious code that will or may be used in any way that will affect the functionality or operation of the service or of any related website, other websites, or the Internet; (h) to collect or track the personal information of others; (i) to spam, phish, pharm, pretext, spider, crawl, or scrape; (j) for any obscene or immoral purpose; or (k) to interfere with or circumvent the security features of the service or any related website, other websites, or the internet. We reserve the right to terminate your use of the service or any related website for violating any of the prohibited uses.
You may not use our products for any illegal or unauthorized purpose, nor may you, in the use of the service, violate any laws in your jurisdiction (including but not limited to copyright laws).You must not transmit any worms or viruses or any code of a destructive nature.

SECTION 12 – DISCLAIMER OF WARRANTIES; LIMITATION OF LIABILITY

 Tribe Tropical is not liable for any losses or damages caused by this website or any website linked to or from this website. Tribe Tropical is not liable for any injuries sustained on any part of our products sold, whether designed by us or another third party.

Children must be supervised at all times when using any products sold by Tribe Tropical. Care must be taken in the sun at all times; we do not guarantee exclusive protection against ultraviolet radiation from the sun when using our products or products made by a third party and sold by us.

We do not guarantee, represent or warrant that your use of our service will be uninterrupted, timely, secure or error-free.
We do not warrant that the results that may be obtained from the use of our service, and all products and services delivered to you, are (except as expressly stated by us) provided ‘as is’ and ‘as available’ for your use, without any representation, warranties or conditions of any kind, either express or implied, including all implied warranties or conditions of merchantability, merchantable quality, fitness for a particular purpose, durability, title, and non-infringement.

In no case shall Tribe Tropical, our directors, officers, employees, affiliates, agents, contractors, interns, suppliers, service providers or licensors be liable for any injury, loss, claim, or any direct, indirect, incidental, punitive, special, or consequential damages of any kind, including, without limitation lost profits, lost revenue, lost savings, loss of data, replacement costs, or any similar damages, whether based in contract, tort (including negligence), strict liability or otherwise, arising from your use of any of our products and services, or any products procured using the service. The above-mentioned are not liable for any other claim related in any way to your use of our products or services or any product, including, but not limited to, any errors or omissions in any content, or any loss or damage of any kind incurred as a result of the use of the service or any content (or product) posted, transmitted, or otherwise made available via the service, even if advised of their possibility.

SECTION 13 – INDEMNIFICATION

You agree to indemnify, defend and hold harmless Tribe Tropical and our parent, subsidiaries, affiliates, partners, officers, directors, agents, contractors, licensors, service providers, subcontractors, suppliers, interns and employees, harmless from any claim or demand, including reasonable attorneys’ fees, made by any third-party due to or arising out of your breach of these Terms of Service or the documents they incorporate by reference, or your violation of any law or the rights of a third-party.

SECTION 14 – SEVERABILITY

In the event that any provision of these Terms of Service is determined to be unlawful, void or unenforceable, such provision shall nonetheless be enforceable to the fullest extent permitted by applicable law, and the unenforceable portion shall be deemed to be severed from these Terms of Service; such determination shall not affect the validity and enforceability of any other remaining provisions.

SECTION 15 – TERMINATION

The obligations and liabilities of the parties incurred prior to the termination date shall survive the termination of this agreement for all purposes.
These Terms of Service are effective unless and until terminated by either you or us. You may terminate these Terms of Service at any time by notifying us that you no longer wish to use our services, or when you cease using our site.
If in our sole judgment you fail, or we suspect that you have failed, to comply with any term or provision of these Terms of Service, we also may terminate this agreement at any time without notice and you will remain liable for all amounts due up to and including the date of termination; and/or accordingly may deny you access to our services (or any part thereof).

Any ambiguities in the interpretation of these Terms of Service shall not be construed against the drafting party.

SECTION 16 – DELIVERY

We ship our items through couriers, Australia Post and private sub-contractors. We endeavour to dispatch in-stock orders within 3 business days of the order being placed (unless it is an item for pre-order). During peak times this may vary. We endeavour to provide you with a tracking number, and they are available on request.

Large items may incur an additional large item delivery fee; we have listed the approximate amount on the product listing as a guide.  If you would like to receive a quote prior to making your purchases please email us, alternatively we will contact you after your order has been received to advise the delivery amount owing and how payment can be made.  Small items that are shipped in a satchel are given automatic ‘authority to leave’ under Australia Post’s service agreement; should you not wish for this to happen please let us know. Tribe Tropical will not be responsible for any items stolen, un-retrieved or missing after delivery by postal service personnel. Please ensure your email address and contact number are correct as we may need to contact you regarding your delivery.

 SECTION 17 – PRIVACY AND DATA COLLECTION

Our Privacy Policy is available in the bottom section of this website under ‘useful links’. If you require clarification on any of our privacy or data collection policies, please do not hesitate to contact us.

SECTION 18 – CONTACT INFORMATION

Questions about the Terms of Service should be sent to us at [email protected]

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