Terms & Conditions

The Torstar website (Website) is owned and operated by Torstar Holdings Pty Limited (ABN 82 001 927 528).

By using or accessing the Website, you acknowledge that you have read, understood, and agree to be bound by these Terms of Use. If you do not agree to these Terms of Use, please do not use the Website.

To place an order on the Website, customers must be aged 18 or older.

1. Governing law

Torstar 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 locations.

2. Revisions

Torstar 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 & Conditions.

Torstar may revise its product prices at any time in its absolute discretion.

3. Site contents, ownership, and use restrictions

The 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.

Unless 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.

All 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.

4. Information from and Advertising and Links to Third Party Websites

The 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.

You are 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.

The 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 platform.

5. Prohibited conduct

1. 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.
2. 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
3. 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 rights);
   • 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.

6. Indemnity

You agree 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 these Terms of Use or your breach of any rights of third parties.

7. Disclaimer of warranty

Torstar 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 purpose.

Website Terms and Conditions of Purchase

Products, services and prices may vary between Torstar retail stores and those found on the Website.

1. Ordering goods

You may 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 order.

You 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.

Any order placed by you is subject to your compliance with any specific limitations shown on the Website (or applicable website).

Torstar may change the prices published on the Website at any time. You agree to pay the price current at the time of payment.

We may require additional verification or information before accepting any order.

We only accept orders from within mainland Australia and Tasmania. Within this area, our policies as to delivery and returns apply as set out in these Terms of Use.

You 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.

We 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.

2. About our prices

Product and service availability may vary between Torstar retail stores and the Website due to different customer offers.

All prices are inclusive of GST.

Prices displayed on the Website are current at the time of issue, but may change at any time and are subject to availability.

Prices and availability of items are subject to change without notice.

Where 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.

3. Delivery

See our Delivery Policy.

4. Returns policy

See our Returns Policy.

5. Title and risk

Title to 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.

6. Australian Consumer Law Consumer Guarantee Rights

Torstar’ goods and services come with guarantees that cannot be excluded under the Australian Consumer Law.

For 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.

7. Additional product warranties

The 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.

9. Exclusion of liability

To the 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 Conditions.

10. Limitation of liability

1. To the extent permitted by law, Torstar’s liability to you is limited, at Torstar’ option, to:
   1. 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
   2. in the case of any services supplied by Torstar, to supplying the services again (or paying the cost of having the services supplied again).
2. 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.
3. 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.

11. Privacy

Torstar collects, uses, holds and discloses personal information in accordance with its Privacy Policy .

Through 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.

This 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.

We may 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.

You can 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.

12. Creating an Account

You do 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.

All 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.

You are 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.

The use of any automated software or any other mechanical or electronic means allowing users to create Accounts is prohibited.

30-Day Business Account Terms and Conditions

(Torstar Ltd referred to as “Torstar”)

1. Terms

In 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.

2. Account

You must ensure you keep your contact details up to date in your online 30-Day Business Account portal.

3. Payment Terms

Payment 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.

4. 30-Day Business Account credit

The 30-Day 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 Customer.

5. Title and Risk

Ownership 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.

6. Personal Property Securities

If Torstar 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.

7. Outstanding Amounts

Torstar, 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 Customer.

8. Set-Off

Torstar 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.

9. Customer Warranties

The Customer warrants to Torstar that:

1. 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 correct; and
2. the credit account is required for the Customer’s business or commercial purposes and will not be used for personal, domestic or household purposes.

The 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.

10. Customer Indemnities

The 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:

1. unauthorised use of the Customer’s credit account or Account Card/s;
2. any breach of these terms and conditions by the Customer; or
3. any negligent act or omission by the Customer,

and from 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.

11. Torstar’ Liability

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:

1. the replacement or repair of the Goods;
2. the supply of equivalent goods; or
3. the cost of replacing or repairing the Goods or of acquiring equivalent goods.

12. Privacy

Torstar 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 otherwise discharged.

Pursuant 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.

13. Costs

You are responsible for any stamp duty or other government charges levied on or in connection with this Application, Terms and Conditions, credit facility or guarantee.

14. Director’s Guarantee

If you 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.

15. Contact Details

You must 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 Account.

16. Default

If you or an authorised operator:

1. obtain credit by fraud or dishonesty; or
2. allow the amount of a monthly statement to remain unpaid for more than 30 days from its due date; or
3. breach any of these terms and conditions; or
4. being an individual commit an act of bankruptcy or become insolvent under administration; or
5. become an externally-administered body corporate or have an application for winding-up filed against you; or
6. 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
7. 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.

17. Notice

Notices served under these 30-Day Business Account Terms and Conditions may be delivered by post, or by email to:

1. 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;
2. Torstar – at 19/26-32 Abel Street, Penrith New South Wales 2750; email sales@torstar.net.au.

Notice is taken to be given:

1. if hand delivered, on delivery;
2. if sent by pre-paid post, three (3) business days after the date of posting for local or interstate mail; or
3. if 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).
4. Variation

Torstar may vary the terms and conditions of the Account with respect to future transactions between Torstar and the Customer:

1. by agreement between Torstar and the Customer; or
2. 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 effective.

Notice of 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.

19. Assignment

The Customer must not assign the Contract without the consent in writing of Torstar which it may withhold in its absolute discretion.

20. Waiver

Failure 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 due.

21. Governing law

These 30-Day Business Account Terms and Conditions are governed by the laws in force in New South Wales, Australia.

22. Terms of Use of Account

The following terms apply to the use of a customer account:

1. Upon account approval, you will be issued with a user name and password to enable you to log in to your account.
2. 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 unless:
   1. caused by the wrongful conduct of Torstar’ employees;
   2. About