TROY LABORATORIES NZ PTY LTD, (“TROY”) – WEBSITE TERMS & CONDITIONS OF USE

Thank you for visiting our website. This website: www.troylab.co.nz (“website”) is operated by Troy Laboratories NZ Pty Ltd , a subsidiary of Troy Laboratories Pty Ltd (ABN 21 000 283 769).

In this document, the terms: “we”, “us”, “our” or “Troy” means Troy Laboratories NZ Pty Ltd and any of their related companies, subsidiaries or entities.

Consent: Please read the Terms and Conditions of Use of this website (“Terms”) set out below carefully. By accessing and/or using this website, you agree to the Terms and our Privacy Policy (available on our website).

Variation: We may, at any time and without notice to you, vary these Terms by publishing the varied terms on our website. We recommend you check our website regularly or contact us directly to ensure you are aware of our current Terms. The material, including, without limitation, all editorial materials, information, photographs, illustrations, artwork and other graphic materials, names, logos and trademarks, and all other information on this website (“Content”) are subject to change without notice. While Troy aims to take reasonable care in preparing and maintaining the Content of this website we do not undertake to keep our website up-to-date and we do not warrant the accuracy, reliability, adequacy or completeness of the Content.

Licence to use our Site: We grant you a non-exclusive, royalty-free, revocable, worldwide, non-transferable licence to use our website in accordance with these Terms. All other uses are prohibited without our prior written consent.

Content and Access: While we aim to take reasonable care in preparing and maintaining the Content, we do not undertake to keep the website up-to-date and we do not warrant the accuracy, reliability, adequacy or completeness of any aspect of the website or its Content, to the maximum extent permitted by law.

Prohibited Conduct: You must not do or attempt to do anything: that is unlawful; prohibited by any laws applicable to our website; anything that we would consider inappropriate; or which might bring us or our website into disrepute, including, without limitation:

(a)   anything that would constitute a breach of an individual’s privacy (including uploading private or personal information without an individual’s consent) or any other legal rights;

(b)   using our website to defame, harass, threaten, menace or offend any person;

(c)   interfering with any user using our website;

(d)   tampering with or modifying our website, knowingly transmitting viruses or other disabling features, or damaging or interfering with our website, including, without limitation, using trojan horses, viruses or piracy or programming routines that may damage or interfere with our website;

(e)   using our website to send unsolicited email messages;

(f)    uploading, publishing or posting on our website false, inaccurate, misleading, defamatory or offensive conduct; or

(g)   facilitating or assisting a third party to do any of the above acts.

Exclusion of competitors: You are prohibited from using our website, including the Content, in any way that competes with Troy or its business. 

Warranties and Disclaimers: To the maximum extent permitted by law, we make no representations or warranties about our website or the Content, including, without limitation, that:

• it is complete, accurate, reliable, up-to-date and suitable for any particular purpose;
• access will be free from any technical inaccuracies and typographical errors;
• access it will be uninterrupted, error-free or free from viruses or anything else which may damage any computer that accesses the website or the Content; or
• our website will be secure. 

Any use or access to our website and the Content is at your own risk.

Limitation of Liability: To the maximum extent permitted by law, Troy is not responsible or liable for any loss, damage, expense or any other claim of any kind, howsoever arising, whether special, direct, indirect or consequential and/or whether present, unascertainable, future or contingent, including loss of business profits (“Liability”) suffered by you or any third party, arising from or in connection with our website and/or the Content and/or the use, inaccessibility of, interruption to, outage of, or otherwise the performance of our website and/or any loss or corruption of data and/or the fact that the Content is incorrect, incomplete or out-of-date, except to the extent that the Damages are directly caused by Troy’s fraud or wilful misconduct.

Indemnity: To the maximum extent permitted by law, you indemnify us, and hold us harmless, against any Liability suffered or incurred by us arising from or in connection with your use of our website or the Content or any breach of these Terms or any application laws by you. The indemnity is a continuing obligation, independent from the other obligations under these Terms, and continue after these Terms end. Incurring or suffering any Liability by us is not a condition to enforce a right of indemnity under these Terms.

No Commercial Use: Our website is for personal and non-commercial use only. You must not use our website or the Content for commercial purposes, including, without limitation, any advertising or advertising revenue generation activity on your own website or any other platform, without obtaining prior written permission and a licence to do so from Troy.

Information: The Content is not comprehensive and is for general information purposes only. It does not take into account your specific needs, objectives or circumstances, and it is not advice. While we use reasonable attempts to ensure the accuracy, reliability, adequacy or completeness of our website and the Content, we make no representation or warranty in relation to it, to the maximum extent permitted by law.

Intellectual Property: Unless otherwise indicated, Troy owns or licences all rights, title and interest, including copyright, trademark and other intellectual property laws in our website and all of the Content. Your use of and access to our website or the Content does not grant or transfer to you any rights, title or interest in relation to our website or the Content. You agree not to:

• copy or use, in whole or in party, any of the Content;
• reproduce, retransmit, distribute, disseminate, sell, publish, broadcast or circulate any Content to any third party without the prior express written permission of Troy; or
• breach any intellectual property rights related to our website or the Content, including, without limitation, altering or modifying any aspect of the website or the Content, causing any of the Content to be framed or embedded in and for the purpose of any other website or platform, or creating derivative works from the Content.

Unless expressly granted, Troy does not grant any licence or right in, or assign all or part of, its intellectual property rights in the Content or applications incorporated into the website or in the user interface of the website.

User Content: Any material, information or content, including, without limitation, any data, questions, comments, suggestions or ideas, posted, uploaded, published, submitted, transmitted or sent to us on or via our website (“User Content”) will be deemed non-confidential and non-proprietary, unless expressly stated otherwise. You grant to us a worldwide, irrevocable, perpetual, non-exclusive, transferable, royalty-free licence to use the User Content, with the right to use, view, copy, adapt, modify, distribute, licence, sell, transfer, communicate, publicly display, publicly perform, transmit, stream, broadcast, access or otherwise exploit such User Content on, through or by means of our website, without compensation to you.

You agree that you are solely responsible and liable for all User Content that you make available on or through our website. You represent and warrant that:

(a) you are either the sole and exclusive owner of all User Content or you have all rights, licences, consents and releases that are necessary to grant to us the rights in such User Content (as contemplated by these Terms); and

(b) neither the User Content nor the posting, uploading, publication, submission or transmission of the User Content or our use of the User Content on, through or by means of our website will infringe, misappropriate or violate a third party’s intellectual property rights, or rights of publicity or privacy, or result in the violation of any applicable law or regulation.

We do not endorse or approve, and are not responsible or liable for, any User Content. We may, at any time at our sole discretion, remove any User Content.

Third Party Websites: Our website may contain links to other websites operated, controlled or produced by third parties. Unless expressly stated otherwise, Troy does not control, endorse, sponsor or approve, and are not responsible for, any such third-party websites or their content. Troy does not provide any warranty or take any responsibility whatsoever for any aspect of such third party websites or their contents. You are responsible to make your own investigations with respect to the suitability of such third party websites.

Discontinuance and Exclusion: We may, at any time and without notice to you, discontinue our website, in whole or in part. We may also exclude any person or persons from our website, at any time and at our sole discretion. We are not responsible for any Liability you or a third party may suffer arising from or in connection with any such discontinuance or exclusion.

Disputes: In the event of any dispute arising from, or in connection with, these Terms (“Dispute”), the party claiming there is a Dispute must give written notice to the other party setting out the details of the Dispute and proposing a resolution. Within seven (7) days after receiving the notice, the parties must, by their senior executives or senior managers (who have the authority to reach a resolution on behalf of the party) or on their own, meet at least once to attempt to resolve the Dispute or agree on the method of resolving the Dispute by other means, in good faith. All aspects of every such conference, except the fact of the occurrence of the conference, will be privileged. If the parties do not resolve the Dispute, or, in the event that the Dispute is not resolved, agree on an alternate method to resolve the Dispute, within twenty-one (21) days after receipt of the notice, the Dispute may be referred by either party by notice in writing to the other party to litigation.

Severance: If a provision of these Terms is held to be void, invalid, illegal or unenforceable, that provision must be read down as narrowly as necessary to allow it to be valid or enforceable. If it is not possible to read down a provision (in whole or in part), that provision (or that part of that provision) is severed from these Terms without affecting the validity or enforceability of the remainder of that provision or the other provisions in these Terms.

Links to our website: If you wish to establish a link to our website, you must seek prior written permission from us. In order to assess such a request, in addition to any further information, we will require:

• the URL of the website which you seek to establish a link from;
• clear description and objectives of your website and your business; and
• reasons you wish to establish such a link.

If we provide written permission to such proposed link, you must comply with any terms and conditions imposed by us, in addition to the Terms herein, as a condition of such an agreement. If the nature and/or content of your website changes in any significant way, you must contact us and provide details of all such changes.

We reserve the right to terminate such an agreement with you at any time and at our absolute discretion in which case you agree to immediately remove the link and cease to do all things related to such a link.

Links to our website and other social media features: You may link our website to other media or social media platforms, provided you do so in a manner that is fair, reasonable and legal and does not damage our reputation or defames us or any related persons or entities. Any such link to our website does not establish an association, approval or endorsement on our part, unless prior express written approval has been provided by us to that effect. Our website may provide certain social media features that enable you to:

• link from your own or certain third-party websites or devices to certain content on our website;
• send e-mails or other forms of communication with certain content or links to specific content on our website;
• cause limited portions of content on our website to be displayed or appear to be displayed on your own or certain third-party websites or devices.

You may use the abovementioned features solely as they are provided by us and otherwise in accordance with any additional terms and conditions we provide with respect to such features. Subject to the foregoing and without our prior express written permission, you must not:

• establish a link from any website that is not owned by you;
• cause our website or portions of our website to be displayed, or appear to be displayed by, for example by way of “framing”, “mirroring”, “deep-linking” or “in-line linking”, on any other website;
• link to any part of our website other than the homepage; and
• otherwise take any action with respect to the Content that is inconsistent with any other provision of these Terms.

Our website from which you are linking, or on which you make certain content accessible, must comply in all respects with the Content Standards set out in this Policy. You agree to cooperate with us in causing any unauthorised framing, mirroring or linking immediately to cease. We reserve the right to withdraw linking permissions herein without notice. We may disable all or any social media features and any links at any time without notice to you at our absolute discretion.

Links to other website: Our website may contain links to other websites. These may includes links contained in advertisements, including, without limitation, banner advertisements and sponsored links. We do not have any control over those websites or their contents and we are not responsible for any loss or damage that may arise from your use of those websites. Your access to any of those websites is entirely at your own risk. Those websites are not covered by these Terms.

Jurisdiction: These Terms are governed by and construed in accordance with the laws of New South Wales, Australia. You irrevocably and unconditionally submit to the exclusive jurisdiction of the courts operating in New South Wales and any courts entitled to hear appeals from these courts and waive any right to object to proceedings commenced in these courts.

For any questions and notices, please contact us at:

Call: +64 800 456 829

Email: [email protected]

Last updated: 6 Jan 2021