Terms & Conditions
TrillStatus was founded with one goal in mind: giving our customers a fair, rewarding and enjoyable shopping experience and products to match.
Our store Terms an Conditions are detailed below, please have a read and contact us if you require further information.
LAST MODIFIED DATE: Friday, 10th, June, 2022
INTRODUCTION
TrillStatus (“TrillStatus,” or “we”, “us”, the “Business”) is an online fashion retail  Business and brand that designs, sources, markets, and sells women’s and men’s apparel, children’s clothing, and accessories (collectively, the “Products” or “Merchandise” or “Merch”). The TrillStatus e-commerce application and its Websites ( “Websites”) trillstatus.com and trillstat.us were created and are owned, controlled and managed by Pure Play Systems PTY LTD, AUSTRALIA - ABN: 90 658 481 219, the “Company”.
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All intellectual property on our Websites are owned by Pure Play Systems PTY. LTD. and is the responsible entity in all legal matters, agreements and contracts at trillstatus.com and trillstat.us Websites.
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These Terms describes how our Website trillstatus.com (the “Shop”) and our counterpart Website trillstat.us (the “Lookbook”), collectively, (the “Websites” or “we”) operates and interacts with you.
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These Terms & Conditions (the “Terms”) describe your rights and responsibilities when using and making purchases through our Websites trillstatus.com and trillstat.us.
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These Terms & Conditions of Use shall be governed and interpreted in accordance with the English language, regardless of any translations made for any purpose whatsoever.
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By your use, continued use, browsing, registering, placing orders or making purchases of the Products at our Websites, you acknowledge that you have read, understand, and agree to be bound by these Terms.
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These Terms represent binding commitments by you to TrillStatus. IF YOU DO NOT ACCEPT AND AGREE WITH ALL OF THE TERMS WITHOUT MODIFICATION, YOU ARE NOT AUTHORIZED TO USE THE WEBSITE FOR ANY PURPOSE AND TO MAKE PURCHASES OF ANY PRODUCTS.
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The TrillStatus Websites are not intended for use by any person under the age of eighteen (18). By using our Websites, you represent that you are at least eighteen (18) years old and are fully able and competent to enter into these Terms, Warranties and Policies set forth herein.
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The Terms are subject to change without prior written notice at any time, in our sole discretion. Any changes to the Terms will be in effect as of the “Last Modified Date” referenced in these Terms. You should review the Terms prior to purchasing any Products or Merchandise that are available through our Websites. Your continued use of our Websites after the “Last Modified Date” will constitute your acceptance of and agreement to such changes.
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You should also carefully review our Store Policy before placing an order for our Merchandise through our Websites.
GOVERNING LAW
What You Need to Know
These Terms of Use and your use of our Websites are governed by and construed in accordance with the laws of Australia and the State of Victoria, applicable to agreements made and to be entirely performed within the State of Victoria, without regard to its conflict of law principles.
USER REPRESENTATIONS
What You Need to Know
By using our Websites, you represent and warrant that: (1) you have the legal capacity and you agree to comply with these Terms of Use; (2) you are not a minor in the jurisdiction in which you reside; (3) you will not access our Websites through automated or non-human means, whether through a bot, script, or otherwise; (4) you will not use our Websites for any illegal or unauthorized purpose; and (5) your use of the Websites will not violate any applicable law or regulation.
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If you provide any information that is untrue, inaccurate, not current, or incomplete, we have the right to suspend or terminate your account and refuse any and all current or future use of our Websites (or any portion thereof).
FORCE MAJEURE
What You Need to Know
We will not be liable or responsible to you, nor be deemed to have defaulted or breached these Terms, for any failure or delay in our performance under these Terms when and to the extent such failure or delay is caused by or results from acts or circumstances beyond our reasonable control, including, without limitation, acts of God, flood, fire, earthquake, explosion, governmental actions, war, invasion or hostilities (whether war is declared or not), terrorist threats or acts, riot or other civil unrest, national emergency, revolution, insurrection, epidemic, pandemics, lockdowns, lockouts, strikes or other labour disputes (whether or not relating to our workforce), or restraints or delays affecting carriers or inability or delay in obtaining supplies of adequate or suitable materials, materials or telecommunication breakdown or power outage.
DISCLAIMER
OUR WEBSITES ARE PROVIDED ON AN AS-IS AND AS-AVAILABLE BASIS. YOU AGREE THAT YOUR USE OF OUR WEBSITES AND OUR SERVICES WILL BE AT YOUR SOLE RISK. TO THE FULLEST EXTENT PERMITTED BY LAW, WE DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, IN CONNECTION WITH OUR WEBSITES AND YOUR USE THEREOF, INCLUDING, WITHOUT LIMITATION, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. WE MAKE NO WARRANTIES OR REPRESENTATIONS ABOUT THE ACCURACY OR COMPLETENESS OF OUR WEBSITES’S CONTENT OR THE CONTENT OF ANY WEBSITES LINKED TO OUR WEBSITES AND WE WILL ASSUME NO LIABILITY OR RESPONSIBILITY FOR ANY (1) ERRORS, MISTAKES, OR INACCURACIES OF CONTENT AND MATERIALS, (2) PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER, RESULTING FROM YOUR ACCESS TO AND USE OF OUR WEBSITES, (3) ANY UNAUTHORIZED ACCESS TO OR USE OF OUR SECURE SERVERS AND/OR ANY AND ALL PERSONAL INFORMATION AND/OR FINANCIAL INFORMATION STORED THEREIN, (4) ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM OUR WEBSITES, (5) ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE WHICH MAY BE TRANSMITTED TO OR THROUGH OUR WEBSITES BY ANY THIRD PARTY, AND/OR (6) ANY ERRORS OR OMISSIONS IN ANY CONTENT AND MATERIALS OR FOR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF THE USE OF ANY CONTENT POSTED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE VIA OUR WEBSITES. WE DO NOT WARRANT, ENDORSE, GUARANTEE, OR ASSUME RESPONSIBILITY FOR ANY PRODUCT OR SERVICE ADVERTISED OR OFFERED BY A THIRD PARTY THROUGH OUR WEBSITES, ANY HYPERLINKED WEBSITE, OR ANY WEBSITE OR MOBILE APPLICATION FEATURED IN ANY BANNER OR OTHER ADVERTISING, AND WE WILL NOT BE A PARTY TO OR IN ANY WAY BE RESPONSIBLE FOR MONITORING ANY TRANSACTION BETWEEN YOU AND ANY THIRD-PARTY PROVIDERS OF PRODUCTS OR SERVICES. AS WITH THE PURCHASE OF A PRODUCT OR SERVICE THROUGH ANY MEDIUM OR IN ANY ENVIRONMENT, YOU SHOULD USE YOUR BEST JUDGMENT AND EXERCISE CAUTION WHERE APPROPRIATE.
LIMITATIONS OF LIABILITY
IN NO EVENT WILL WE OR OUR DIRECTORS, EMPLOYEES, OR AGENTS BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY DIRECT, INDIRECT, CONSEQUENTIAL, EXEMPLARY, INCIDENTAL, SPECIAL, OR PUNITIVE DAMAGES, INCLUDING LOST PROFIT, LOST REVENUE, LOSS OF DATA, OR OTHER DAMAGES ARISING FROM YOUR USE OF OUR WEBSITES, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. NOTWITHSTANDING ANYTHING TO THE CONTRARY CONTAINED HEREIN, OUR LIABILITY TO YOU FOR ANY CAUSE WHATSOEVER AND REGARDLESS OF THE FORM OF THE ACTION, WILL AT ALL TIMES BE LIMITED TO THE LESSER OF THE AMOUNT PAID, IF ANY, BY YOU TO US DURING THE SIX (6) MONTH PERIOD PRIOR TO ANY CAUSE OF ACTION ARISING OR $0.00 USD. CERTAIN US STATE LAWS AND INTERNATIONAL LAWS DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES OR THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES. IF THESE LAWS APPLY TO YOU, SOME OR ALL OF THE ABOVE DISCLAIMERS OR LIMITATIONS MAY NOT APPLY TO YOU, AND YOU MAY HAVE ADDITIONAL RIGHTS.
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IN NO EVENT SHALL TRILLSTATUS BE LIABLE TO YOU OR ANY THIRD PARTY FOR CONSEQUENTIAL, INDIRECT, INCIDENTAL, SPECIAL, EXEMPLARY, PUNITIVE OR ENHANCED DAMAGES, LOST PROFITS OR REVENUES OR DIMINUTION IN VALUE, ARISING OUT OF, OR RELATING TO, AND/OR IN CONNECTION WITH ANY BREACH OF THESE TERMS, REGARDLESS OF (A) WHETHER SUCH DAMAGES WERE FORESEEABLE, (B) WHETHER OR NOT WE WERE ADVISED OF THE POSSIBILITY OF SUCH DAMAGES AND (C) THE LEGAL OR EQUITABLE THEORY (CONTRACT, TORT OR OTHERWISE) UPON WHICH THE CLAIM IS BASED.
OUR SOLE AND ENTIRE MAXIMUM LIABILITY AND YOUR SOLE AND EXCLUSIVE REMEDY FOR ANY CAUSE WHATSOEVER, SHALL BE LIMITED TO THE ACTUAL AMOUNT PAID BY YOU FOR THE PRODUCTS YOU HAVE ORDERED THROUGH OUR WEBSITES.
INDEMNIFICATION
What You Need to Know
You agree to defend, indemnify, and hold us harmless, including our subsidiaries, affiliates, and all of our respective officers, agents, partners, and employees, from and against any loss, damage, liability, claim, or demand, including reasonable attorneys’ fees and expenses, made by any third party due to or arising out of: (1) your Contributions; (2) use of our Websites; (3) breach of these Terms of Use; (4) any breach of your representations and warranties set forth in these Terms of Use; (5) your violation of the rights of a third party, including but not limited to intellectual property rights; or (6) any overt harmful act toward any other user of Our Websites with whom you connected via the Our Websites. Notwithstanding the foregoing, we reserve the right, at your expense, to assume the exclusive defence and control of any matter for which you are required to indemnify us, and you agree to cooperate, at your expense, with our defence of such claims. We will use reasonable efforts to notify you of any such claim, action, or proceeding which is subject to this indemnification upon becoming aware of it.
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You agree to release, indemnify, and defend TrillStatus and any subsidiaries, affiliates, related companies, suppliers, licensors and partners, and the officers, directors, employees, agents and representatives of each from all third-party claims and costs (including reasonable attorneys’ fees) arising out of or related to: (1) your use of Our Websites; (2) your purchase of the Products; (3) your breach of these Terms.
ASSIGNMENT
What You Need to Know
You may not assign any of your rights or delegate any of your obligations under these Terms without our prior written consent. Any purported assignment or delegation in violation of this Section is null and void. No assignment or delegation relieves you of any of your obligations under these Terms.
NO THIRD-PARTY BENEFICIARIES
What You Need to Know
These Terms do not and are not intended to confer any rights or remedies upon any person other than you.
NO VAIVER; SEVERABILITY
What You Need to Know
No waiver of any term of these Terms shall be deemed a further or continuing waiver of such term or any other term. Our failure to assert any right or provision under the Terms shall not constitute a waiver of such right or provision.
If any provision of these Terms is invalid, illegal, void or unenforceable, then that provision will be deemed severed from these Terms and will not affect the validity or enforceability of the remaining provisions of these Terms.
ENTIRE AGREEMENT
What You Need to Know
These Terms, together with our Store Policy, and any other legal notices published on our Websites, shall constitute the entire agreement between you and TrillStatus concerning our Websites and any purchases of the Products, and supersedes all prior terms, agreements, discussions and writings regarding the Products and Merchandise. If any provision of the Terms is found to be unenforceable, then that provision shall not affect the validity of the remaining provisions of the Terms, which shall remain in full force and effect.
AGREEMENT TO TERMS
What You Need to Know
These Terms of Use constitute a legally binding agreement made between you, whether personally or on behalf of an entity (“you”) and Pure Play Systems PTY LTD, doing business as TrillStatus ("TrillStatus ", “we”, “us”, or “our”), concerning your access to and use of the https://www.trillStatus.com and https://www.trillStat.us Websites as well as any other media form, media channel, mobile website or mobile application related, linked, or otherwise connected thereto (collectively, the “Websites”). You agree that by accessing our Websites, you have read, understood, and agreed to be bound by all of these Terms of Use. IF YOU DO NOT AGREE WITH ALL OF THESE TERMS OF USE, THEN YOU ARE EXPRESSLY PROHIBITED FROM USING OUR WEBSITES AND YOU MUST DISCONTINUE USE IMMEDIATELY.
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Supplemental terms and conditions or documents that may be posted on our Websites from time to time are hereby expressly incorporated herein by reference. We reserve the right, in our sole discretion, to make changes or modifications to these Terms of Use at any time and for any reason. We will alert you about any changes by updating the “LAST MODIFIED DATE” of these Terms of Use, and you waive any right to receive specific notice of each such change. It is your responsibility to periodically review these Terms of Use to stay informed of updates. You will be subject to, and will be deemed to have been made aware of and to have accepted, the changes in any revised Terms of Use by your continued use of our Websites after the date such revised Terms of Use are posted.
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The information provided on our Websites are not intended for distribution to or use by any person or entity in any jurisdiction or country where such distribution or use would be contrary to law or regulation or which would subject us to any registration requirement within such jurisdiction or country. Accordingly, those persons who choose to access our Websites from other locations do so on their own initiative and are solely responsible for compliance with local laws, if and to the extent local laws are applicable.
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Our Websites are not intended for users who are at least 18 years old. Persons under the age of 18 are not permitted to use or register to our Websites unless under the supervision of a legal adult guardian.
PROHIBITED ACTIVITIES
What You Need to Know
You may not access or use our Websites for any purpose other than that for which we make our Websites available. Our Websites may not be used in connection with any commercial endeavours except those that are specifically endorsed or approved by us.
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As a user of our Websites, you agree not to:
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Systematically retrieve data or other content from our Websites to create or compile, directly or indirectly, a collection, compilation, database, or directory without written permission from us.
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Trick, defraud, or mislead us and other users, especially in any attempt to learn sensitive account information such as user passwords.
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Circumvent, disable, or otherwise interfere with security-related features of our Websites, including features that prevent or restrict the use or copying of any Content or enforce limitations on the use of our Sites and/or the Content contained therein.
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Disparage, tarnish, or otherwise harm, in our opinion, us and/or our Websites.
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Use any information obtained from our Websites in order to harass, abuse, or harm another person.
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Make improper use of our support services or submit false reports of abuse or misconduct.
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Use our Websites in a manner inconsistent with any applicable laws or regulations.
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Use our Websites to advertise or offer to sell goods and services.
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Engage in unauthorized framing of or linking to our Websites.
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Upload or transmit (or attempt to upload or to transmit) viruses, Trojan horses, or other material, including excessive use of capital letters and spamming (continuous posting of repetitive text), that interferes with any party’s uninterrupted use and enjoyment of our Websites or modifies, impairs, disrupts, alters, or interferes with the use, features, functions, operation, or maintenance of our Websites.
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Engage in any automated use of our Websites, such as using scripts to send comments or messages, or using any data mining, robots, or similar data gathering and extraction tools.
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Delete the copyright or other proprietary rights notice from any Content.
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Attempt to impersonate another user or person or use the username of another user.
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Sell or otherwise transfer your profile.
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Upload or transmit (or attempt to upload or to transmit) any material that acts as a passive or active information collection or transmission mechanism, including without limitation, clear graphics interchange formats (“gifs”), 1×1 pixels, web bugs, cookies, or other similar devices (sometimes referred to as “spyware” or “passive collection mechanisms” or “pcms”).
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Interfere with, disrupt, or create an undue burden on our Websites or the networks or services connected to our Websites.
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Harass, annoy, intimidate, or threaten any of our employees or agents engaged in providing any portion of our Websites to you.
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Attempt to bypass any measures of our Websites designed to prevent or restrict access to our Websites, or any portion of our Websites.
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Copy or adapt our Website’s software, including but not limited to PHP, HTML, JavaScript, or other code.
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Decipher, decompile, disassemble, or reverse engineer any of the software comprising or in any way making up a part of our Websites.
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Except as may be the result of standard search engine or Internet browser usage, use, launch, develop, or distribute any automated system, including without limitation, any spider, robot, cheat utility, scraper, or offline reader that accesses our Websites, or using or launching any unauthorized script or other software.
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Use a buying agent or purchasing agent to make purchases on our Websites.
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Make any unauthorized use of our Websites, including collecting usernames and/or email addresses of users by electronic or other means for the purpose of sending unsolicited email, or creating user accounts by automated means or under false pretences.
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Use our Websites as part of any effort to compete with us or otherwise use our Websites and/or the Content for any revenue-generating endeavour or commercial enterprise.
INTELLECTUAL PROPERTY AND COPYRIGHTS
What You Need to Know
Unless otherwise indicated, our Websites is our proprietary property and all source code, databases, functionality, software, website designs, audio, video, text, photographs, artworks, visuals and graphics on our Websites (collectively, the “Content”) and the trademarks, service marks, heading artwork, and logos contained therein (the “Marks”) are owned or controlled by us, the Company, PURE PLAY SYSTEMS PTY LTD or licensed to us, and are protected by copyright and trademark laws and various other intellectual property rights and unfair competition laws of the Australian, United States, international copyright laws, and international conventions. The Content and the Marks are provided on our Websites “AS IS” for your information and personal use only. Except as expressly provided in these Terms of Use, no part of our Websites and no Content or Marks may be copied, reproduced, aggregated, republished, uploaded, posted, publicly displayed, encoded, translated, transmitted, distributed, sold, licensed, or otherwise exploited for any commercial purpose whatsoever, without our express prior written permission.
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Provided that you are eligible to use our Websites, you are granted a limited license to access and use our Websites and to download or print a copy of any portion of the Content to which you have properly gained access solely for your personal, non-commercial use. We reserve all rights not expressly granted to you in and to our Websites, the Content and the Marks.
Our Websites, including all of its information and content, such as the text, software, scripts, graphics, photos, sounds, music, videos, art works, graphics and interactive features (the “Content”) belong at all times to PURE PLAY SYSTEMS PTY LTD, our parent Company, or to those who grant us the license for their use. You may use the Content only to the extent that we or the usage licensers authorize expressly.
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Content on the Website is provided to you as is for your information only and may not be downloaded, copied, reproduced, distributed, transmitted, broadcast, displayed, sold, licensed, or otherwise exploited for any other purposes whatsoever without the prior written consent of TrillStatus (Us), or the respective owners or licensors. We reserve all rights not expressly granted in and to the Content.
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You acknowledge and agree that any questions, comments, suggestions, ideas, feedback or other information about the Products, provided by you to us are non-confidential and shall become the sole property of the Business and Company.
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You agree to not engage in the use, copying, or distribution of any of the Content other than expressly permitted herein. You agree not to circumvent, disable or otherwise interfere with security-related features of the website or features that prevent or restrict use or copying of any Content or enforce limitations on use of our Websites or the Content therein.
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The intellectual and industrial property rights over the works, brands, logos, and any other subject to protection, contained on our Websites belong exclusively to TrillStatus and PURE PLAY SYSTEMS PTY LTD or third parties that have authorized their inclusion on our Websites. The unauthorized reproduction, distribution, commercialization or transformation of such works, brands, logos, etc. constitutes an infringement of the intellectual and industrial property rights of TrillStatus or the owner thereof, and may give rise to the exercise of any legal or extrajudicial actions that may correspond to them in the exercise of their rights.
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Likewise, the information that the Customer can access through the Website may be protected by industrial, intellectual or other property rights. TrillStatus will not be responsible in any case and under no circumstances for the infringements of such rights that may be committed by the Customer.
COUNTERFIET NOTICE
What You Need to Know
TrillStatus products are printed with original designs made by our designers, we do not sell copies, imitations or similar products that pose as authentic products. Currently, our Websites are the only places of purchasing our TrillStatus Branded Products and Merchandise.
MANUFACTURERS WARRANTY AND DISCLAIMERS
What You Need to Know
We manufacture the Products and Merchandise offered on our Website through our Order Fulfilment Partners. The availability of Products through our Websites do not indicate an affiliation with or endorsement of any product, service or manufacturer. Accordingly, we do not provide any warranties with respect to the Products offered on our Websites. However, the Products and Merchandise offered on our Websites may be covered by the manufacturer’s warranty as detailed in the Product’s description on our Website and included with the Product where applicable. To obtain warranty service for defective products, please follow the instructions included in the manufacturer’s warranty.
ALL PRODUCTS OFFERED ON OUR WEBSITES ARE PROVIDED “AS IS” WITHOUT ANY WARRANTY WHATSOEVER, INCLUDING, WITHOUT LIMITATION, ANY (A) WARRANTY OF MERCHANTABILITY; (B) WARRANTY OF FITNESS FOR A PARTICULAR PURPOSE; OR (C) WARRANTY AGAINST INFRINGEMENT OF INTELLECTUAL PROPERTY RIGHTS OF A THIRD PARTY; WHETHER EXPRESS OR IMPLIED BY LAW, COURSE OF DEALING, COURSE OF PERFORMANCE, USAGE OF TRADE, OR OTHERWISE. SOME JURISDICTIONS LIMIT OR DO NOT ALLOW THE DISCLAIMER OF IMPLIED OR OTHER WARRANTIES SO THE ABOVE DISCLAIMER MAY NOT APPLY TO YOU. YOU AFFIRM THAT WE SHALL NOT BE LIABLE, UNDER ANY CIRCUMSTANCES, FOR ANY BREACH OF WARRANTY CLAIMS OR FOR ANY DAMAGES ARISING OUT OF THE MANUFACTURER’S FAILURE TO HONOR ITS WARRANTY OBLIGATIONS TO YOU.
USER GENERATED CONTRIBUTIONS
What You Need to Know
Our Websites may invite you to chat, contribute to, or participate in blogs, message boards, online forums, and other functionality, and may provide you with the opportunity to create, submit, post, display, transmit, perform, publish, distribute, or broadcast content and materials to us or on our Websites, including but not limited to text, writings, video, audio, photographs, graphics, comments, suggestions, or personal information or other material (collectively, "Contributions"). Contributions may be viewable by other users of our Websites and through third-party Websites. As such, any Contributions you transmit may be treated as non-confidential and non-proprietary. When you create or make available any Contributions, you thereby represent and warrant that:
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1. The creation, distribution, transmission, public display, or performance, and the accessing, downloading, or copying of your Contributions do not and will not infringe the proprietary rights, including but not limited to the copyright, patent, trademark, trade secret, or moral rights of any third party.
2. You are the creator and owner of or have the necessary licenses, rights, consents, releases, and permissions to use and to authorize us, our Websites, and other users of our Websites to use your Contributions in any manner contemplated by our Websites and these Terms of Use.
3. You have the written consent, release, and/or permission of each and every identifiable individual person in your Contributions to use the name or likeness of each and every such identifiable individual person to enable inclusion and use of your Contributions in any manner contemplated by our Websites and these Terms of Use.
4. Your Contributions are not false, inaccurate, or misleading.
5. Your Contributions are not unsolicited or unauthorized advertising, promotional materials, pyramid schemes, chain letters, spam, mass mailings, or other forms of solicitation.
6. Your Contributions are not obscene, lewd, lascivious, filthy, violent, harassing, libellous, slanderous, or otherwise objectionable (as determined by us).
7. Your Contributions do not ridicule, mock, disparage, intimidate, or abuse anyone.
8. Your Contributions do not advocate the violent overthrow of any government or incite, encourage, or threaten physical harm against another.
9. Your Contributions do not violate any applicable law, regulation, or rule.
10. Your Contributions do not violate the privacy or publicity rights of any third party.
11. Your Contributions do not contain any material that solicits personal information from anyone under the age of 18 or exploits people under the age of 18 in a sexual or violent manner.
12. Your Contributions do not violate any applicable law concerning child pornography, or otherwise intended to protect the health or well-being of minors.
13. Your Contributions do not include any offensive comments that are connected to race, national origin, gender, sexual preference, or physical handicap.
14. Your Contributions do not otherwise violate, or link to material that violates, any provision of these Terms of Use, or any applicable law or regulation.
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Any use of our Websites in violation of the foregoing violates these Terms of Use and may result in, among other things, termination or suspension of your rights to use our Websites.
CONTRIBUTION LICENSE
What You Need to Know
By posting your Contributions to any part of our Websites, you automatically grant, and you represent and warrant that you have the right to grant, to us an unrestricted, unlimited, irrevocable, perpetual, non-exclusive, transferable, royalty-free, fully-paid, worldwide right, and license to host, use, copy, reproduce, disclose, sell, resell, publish, broadcast, retitle, archive, store, cache, publicly perform, publicly display, reformat, translate, transmit, excerpt (in whole or in part), and distribute such Contributions (including, without limitation, your image and voice) for any purpose, commercial, advertising, or otherwise, and to prepare derivative works of, or incorporate into other works, such Contributions, and grant and authorize sublicenses of the foregoing. The use and distribution may occur in any media formats and through any media channels.
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This license will apply to any form, media, or technology now known or hereafter developed, and includes our use of your name, company name, and franchise name, as applicable, and any of the trademarks, service marks, trade names, logos, and personal and commercial images you provide. You waive all moral rights in your Contributions, and you warrant that moral rights have not otherwise been asserted in your Contributions.
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We do not assert any ownership over your Contributions. You retain full ownership of all of your Contributions and any intellectual property rights or other proprietary rights associated with your Contributions. We are not liable for any statements or representations in your Contributions provided by you in any area on our Websites. You are solely responsible for your Contributions to our Websites and you expressly agree to exonerate us from any and all responsibility and to refrain from any legal action against us regarding your Contributions.
We have the right, in our sole and absolute discretion, (1) to edit, redact, or otherwise change any Contributions; (2) to re-categorize any Contributions to place them in more appropriate locations on our Websites; and (3) to pre-screen or delete any Contributions at any time and for any reason, without notice. We have no obligation to monitor your Contributions.
GUIDELINES FOR REVIEWS
What You Need to Know
We may provide you areas on our Websites to leave reviews or ratings. When posting a review, you must comply with the following criteria: (1) you should have firsthand experience with the person/entity being reviewed; (2) your reviews should not contain offensive profanity, or abusive, racist, offensive, or hate language; (3) your reviews should not contain discriminatory references based on religion, race, gender, national origin, age, marital status, sexual orientation, or disability; (4) your reviews should not contain references to illegal activity; (5) you should not be affiliated with competitors if posting negative reviews; (6) you should not make any conclusions as to the legality of conduct; (7) you may not post any false or misleading statements; and (8) you may not organize a campaign encouraging others to post reviews, whether positive or negative.
We may accept, reject, or remove reviews in our sole discretion. We have absolutely no obligation to screen reviews or to delete reviews, even if anyone considers reviews objectionable or inaccurate. Reviews are not endorsed by us, and do not necessarily represent our opinions or the views of any of our affiliates or partners. We do not assume liability for any review or for any claims, liabilities, or losses resulting from any review. By posting a review, you hereby grant to us a perpetual, non-exclusive, worldwide, royalty-free, fully-paid, assignable, and sub-licensable right and license to reproduce, modify, translate, transmit by any means, display, perform, and/or distribute all content relating to reviews.
SUBMISSIONS
What You Need to Know
You acknowledge and agree that any questions, comments, suggestions, ideas, feedback, or other information regarding our Websites ("Submissions") provided by you to us are non-confidential and shall become our sole property. We shall own exclusive rights, including all intellectual property rights, and shall be entitled to the unrestricted use and dissemination of these Submissions for any lawful purpose, commercial or otherwise, without acknowledgment or compensation to you. You hereby waive all moral rights to any such Submissions, and you hereby warrant that any such Submissions are original with you or that you have the right to submit such Submissions. You agree there shall be no recourse against us for any alleged or actual infringement or misappropriation of any proprietary right in your Submissions.
THIRD-PARTY WEBSITE AND CONTENT
What You Need to Know
Our Websites may contain (or you may be sent via our Websites) links to other websites ("Third-Party Websites") as well as articles, photographs, text, graphics, pictures, designs, music, sound, video, information, applications, software, and other content or items belonging to or originating from third parties ("Third-Party Content"). Such Third-Party Websites and Third-Party Content are not investigated, monitored, or checked for accuracy, appropriateness, or completeness by us, and we are not responsible for any Third-Party Websites accessed through our Websites or any Third-Party Content posted on, available through, or installed from our Websites, including the content, accuracy, offensiveness, opinions, reliability, privacy practices, or other policies of or contained in the Third-Party Websites or the Third-Party Content. Inclusion of, linking to, or permitting the use or installation of any Third-Party Websites or any Third-Party Content does not imply approval or endorsement thereof by us.
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If you decide to leave our Websites and access the Third-Party Websites or to use or install any Third-Party Content, you do so at your own risk, and you should be aware these Terms of Use no longer govern. You should review the applicable terms and policies, including privacy and data gathering practices, of any website to which you navigate from our Websites or relating to any applications you use or install from our Websites.
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Any purchases you make through Third-Party Websites will be through other websites and from other companies, and we take no responsibility whatsoever in relation to such purchases which are exclusively between you and the applicable third party. You agree and acknowledge that we do not endorse the products or services offered on Third-Party Websites and you shall hold us harmless from any harm caused by your purchase of such products or services. Additionally, you shall hold us harmless from any losses sustained by you or harm caused to you relating to or resulting in any way from any Third-Party Content or any contact with Third-Party Websites.
SITE MANAGEMENT
What You Need to Know
We reserve the right, but not the obligation, to: (1) monitor our Websites for violations of these Terms of Use; (2) take appropriate legal action against anyone who, in our sole discretion, violates the law or these Terms of Use, including without limitation, reporting such user to law enforcement authorities; (3) in our sole discretion and without limitation, refuse, restrict access to, limit the availability of, or disable (to the extent technologically feasible) any of your Contributions or any portion thereof; (4) in our sole discretion and without limitation, notice, or liability, to remove from our Websites or otherwise disable all files and content that are excessive in size or are in any way burdensome to our systems; and (5) otherwise manage our Websites in a manner designed to protect our rights and property and to facilitate the proper functioning of our Websites.
PRIVACY POLICY
What You Need to Know
We care about data privacy and security. Please review our Privacy Policy: https://www.trillstatus.com/policies. By using our Websites, you agree to be bound by our Privacy Policy, which is incorporated into these Terms of Use. Please be advised our Websites is hosted in the United States. If you access our Websites from any other region of the world with laws or other requirements governing personal data collection, use, or disclosure that differ from applicable laws in the United States, then through your continued use of our Websites, you are transferring your data to the United States, and you agree to have your data transferred to and processed in the United States.
TERM AND TERMINATION
What You Need to Know
These Terms of Use shall remain in full force and effect while you use our Websites. WITHOUT LIMITING ANY OTHER PROVISION OF THESE TERMS OF USE, WE RESERVE THE RIGHT TO, IN OUR SOLE DISCRETION AND WITHOUT NOTICE OR LIABILITY, DENY ACCESS TO AND USE OF OUR WEBSITES (INCLUDING BLOCKING CERTAIN IP ADDRESSES), TO ANY PERSON FOR ANY REASON OR FOR NO REASON, INCLUDING WITHOUT LIMITATION FOR BREACH OF ANY REPRESENTATION, WARRANTY, OR COVENANT CONTAINED IN THESE TERMS OF USE OR OF ANY APPLICABLE LAW OR REGULATION. WE MAY TERMINATE YOUR USE OR PARTICIPATION IN OUR WEBSITES OR DELETE ANY CONTENT OR INFORMATION THAT YOU POSTED AT ANY TIME, WITHOUT WARNING, IN OUR SOLE DISCRETION.
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If we terminate or suspend your account for any reason, you are prohibited from registering and creating a new account under your name, a fake or borrowed name, or the name of any third party, even if you may be acting on behalf of the third party. In addition to terminating or suspending your account, we reserve the right to take appropriate legal action, including without limitation pursuing civil, criminal, and injunctive redress.
MODIFICATIONS AND INTERRUPTIONS
What You Need to Know
We reserve the right to change, modify, or remove the contents of our Websites at any time or for any reason at our sole discretion without notice. However, we have no obligation to update any information on our Websites. We also reserve the right to modify or discontinue all or part of our Websites without notice at any time. We will not be liable to you or any third party for any modification, price change, suspension, or discontinuance of our Websites.
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We cannot guarantee our Websites will be available at all times. We may experience hardware, software, or other problems or need to perform maintenance related to our Websites, resulting in interruptions, delays, or errors. We reserve the right to change, revise, update, suspend, discontinue, or otherwise modify our Websites at any time or for any reason without notice to you. You agree that we have no liability whatsoever for any loss, damage, or inconvenience caused by your inability to access or use our Websites during any downtime or discontinuance of our Websites. Nothing in these Terms of Use will be construed to obligate us to maintain and support our Websites or to supply any corrections, updates, or releases in connection therewith.
CORRECTIONS
What You Need to Know
There may be information on our Websites that contains typographical errors, inaccuracies, or omissions, including descriptions, pricing, availability, and various other information. We reserve the right to correct any errors, inaccuracies, or omissions and to change or update the information on our Websites at any time, without prior notice.
PRODUCT AND MERCHANDISE PHOTOGRAPHS
What You Need to Know
We strive to represent our Products and Merchandise as accurately as possible. We may use actual products and merchandise or product mock ups or digitally created product photos to best represent our Merchandise and Products as quickly and as conveniently possible in our Shop. Digitally created and enhanced mock ups may represent our Products in more or less, higher or lower quality in terms of Product and Merchandise finish and representation.
Some items may appear slightly larger or smaller than their actual size due to the display settings and photographic technique. Other items may be represented in a size larger than their actual size in order to clearly show details, or smaller than their actual size in order to display the entire item.
TrillStatus does not assure the fidelity of the colors under any hypothesis. The pieces may have different intensity and color tones in relation to the product photograph or the screen of your monitor and TrillStatus is not responsible for the variations that these may have. Under no circumstances will you be eligible for a purchase cancellation, product return or refund for this reason.
USER DATA
What You Need to Know
We will maintain certain data that you transmit to our Websites for the purpose of managing the performance of our Websites, as well as data relating to your use of our Websites. Although we perform regular routine backups of data, you are solely responsible for all data that you transmit or that relates to any activity you have undertaken using our Websites. You agree that we shall have no liability to you for any loss or corruption of any such data, and you hereby waive any right of action against us arising from any such loss or corruption of such data.
ELECTRONIC COMMUNICATIONS, TRANSACTIONS, AND SIGNATURES
What You Need to Know
Visiting our Websites, sending us emails, and completing online forms constitute electronic communications. You consent to receive electronic communications, and you agree that all agreements, notices, disclosures, and other communications we provide to you electronically, via email and on our Websites, satisfy any legal requirement that such communication be in writing. YOU HEREBY AGREE TO THE USE OF ELECTRONIC SIGNATURES, CONTRACTS, ORDERS, AND OTHER RECORDS, AND TO ELECTRONIC DELIVERY OF NOTICES, POLICIES, AND RECORDS OF TRANSACTIONS INITIATED OR COMPLETED BY US OR VIA OUR WEBSITES. You hereby waive any rights or requirements under any statutes, regulations, rules, ordinances, or other laws in any jurisdiction which require an original signature or delivery or retention of non-electronic records, or to payments or the granting of credits by any means other than electronic means.
MISCELLANEOUS
What You Need to Know
These Terms of Use and any policies or operating rules posted by us on our Websites or in respect to our Websites constitute the entire agreement and understanding between you and us. Our failure to exercise or enforce any right or provision of these Terms of Use shall not operate as a waiver of such right or provision. These Terms of Use operate to the fullest extent permissible by law. We may assign any or all of our rights and obligations to others at any time. We shall not be responsible or liable for any loss, damage, delay, or failure to act caused by any cause beyond our reasonable control. If any provision or part of a provision of these Terms of Use is determined to be unlawful, void, or unenforceable, that provision or part of the provision is deemed severable from these Terms of Use and does not affect the validity and enforceability of any remaining provisions. There is no joint venture, partnership, employment or agency relationship created between you and us as a result of these Terms of Use or use of our Websites. You agree that these Terms of Use will not be construed against us by virtue of having drafted them. You hereby waive any and all defences you may have based on the electronic form of these Terms of Use and the lack of signing by the parties hereto to execute these Terms of Use.
PRICING AND PAYMENT
What You Need to Know
All prices, discounts, and promotions posted on our Websites are subject to change without notice. The prices charged for the Products will be the prices in effect at the time the order is placed and will be set out in your order confirmation email. Price increases will only apply to orders placed after such changes. Posted prices do include charges for shipping and handling. All such charges are built in to the Product and Merchandise price, and will be itemized in your shopping cart and in your order confirmation email.
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We strive to display accurate price information, however we may, on occasion, make inadvertent typographical errors, inaccuracies or omissions related to pricing and availability. We reserve the right to correct any errors, inaccuracies, or omissions at any time and to cancel any orders arising from such occurrences.
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We may offer from time to time promotions on our Websites that may affect pricing and that are governed by terms and conditions separate from these Terms. If there is a conflict between the terms for a promotion and these Terms, the promotion terms will govern.
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Terms of payment are within our sole discretion and payment must be received by us before our acceptance of an order. Your payment information is collected by our Websites in an encrypted form and is passed on to TrillStatus’s merchant services provider Stripe, Inc., 510 Townsend Street San Francisco, CA 94103 (“Stripe”), for purposes of obtaining payment between yourself and TrillStatus. You should review Stripe’s terms and policies at: https://stripe.com to understand how they process and retain your payment information. You can contact Stripe at: https://support.stripe.com.
By inserting your payment information, you represent and warrant that (i) the credit card information you supply to us is true, correct and complete, (ii) you are duly authorized to use such credit card for the purchase, (iii) charges incurred by you will be honoured by your credit card company, and (iv) you will pay charges incurred by you at the posted prices, including shipping and handling charges and all applicable taxes, if any, regardless of the amount quoted on the Website at the time of your order.
PRICING CURRENCY
What You Need to Know
Although we are based in Melbourne, Australia, most of our clientbase is in the USA. Further, our established clientbase with our other subsidiary Businesses has formally, always being in USD dollars. For this reason, the prices listed on our Websites are always in USD (US Dollars).
ORDER ACCEPTENCE AND CANCELLATION
What You Need to Know
You agree that your order is an offer to buy all Products listed in your order. All orders must be accepted by us or we will not be obligated to sell the Products & Merchandise to you. We may choose not to accept orders at our sole discretion, even after we send you a confirmation email with your order number and details of the items you have ordered.
If you made a mistake when ordering, please contact us immediately at: customerCare@trillStat.us. However, always be sure to review your offer before ordering. Before sending the order, you have the possibility to edit all the information you have entered, such as the shipping or billing address, the credit card information, or to change or delete items in your shopping cart.
SHIPMENTS; DELIVERY; TITLE AND RISK OF LOSS
What You Need to Know
Shipments and delivery of our Merchandise and Products are operated through our Order Fulfilment Partners.
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When you go to make the payment, we will indicate that you choose the shipping method in relation to your order. Before clicking on the payment button, you will be able to see the total price to be paid and any discounts that may be applicable. The taxes to be paid will appear broken down in the terms established by the applicable regulation. Delivery options will be shown on our Websites so you can select the destination of the purchased Products, however, the delivery process is managed by our Order Fulfilment Partners.
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We shall cover delivery costs. Delivery prices are not additional to the prices of Products and our Merchandise, however additional tax charges may be applicable in your country and region on receipt. However, we reserve the right to advise you of any additional delivery charges that apply to your specific delivery address. Some Products are packaged and shipped separately.
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We cannot guarantee delivery dates and, to the extent permitted by law, accept no responsibility, apart from advising you of any known delay, for Products and Merchandise that are delivered after the estimated delivery date. Average time for delivery may be shown on our Websites. It is only an average estimation, and some delivery can take longer, or alternatively be delivered much faster. All delivery estimates given at the time of placing and confirming order can be subject to change. In any case, we will do our best to contact you and advise you of all changes.
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Ownership of the Products will only pass to you after we receive full payment of all sums due in respect of the Products and Merchandise, including any applicable delivery charges and taxes, and deliver the Products to the carrier.
For the monitoring and follow-up of orders as well as their history, it will be necessary to create an account at our Shop. A username and password will be required. The access to said account will be through a link issued to the email that the Customer has provided on our Websites.
RETURNS AND REFUNDS
What You Need to Know
We does not offer returns and exchanges, however, if there’s something wrong with your order, please let us know by contacting us at CustomerCare@trillstat.us.
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If you are eligible, Returns and Refunds of the Products are handled by Order Fulfilment Partner just as our orders are.
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Refunds are only offered to customers that receive wrong or damaged items. If any of these apply, please contact us with photos of wrong/damaged items at CustomerCare@trillstat.us and we will recitify the order for you.
Any claims for misprinted/damaged/defective items must be submitted to us within 4 weeks after the product has been received. For packages lost in transit, all claims must be submitted no later than 4 weeks after the estimated delivery date. Claims deemed an error on our Order Fulfilment Partners part will be covered at their expense.
GOODS NOT FOR RESALE
What You Need to Know
You represent and warrant that you are buying the Products and Merchandise from our Websites for your own personal or household use only, and not for resale.
CUSTOMER RESPONSIBILITIES
What You Need to Know
The Customer is obliged to make a lawful use of our Websites, without violating the current legislation, nor injuring the rights and interests of third parties. The Customer guarantees the veracity and accuracy of the data provided by supplementing the contracting forms, avoiding the damage caused to TrillStatus due to their incorrectness.
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Failure to comply with any of these Terms and Conditions may give rise to the withdrawal or cancellation of services by TrillStatus without prior notice to the Customer and without entitlement to any compensation.
DISPUTE RESOLUTION
What You Need to Know
Legal Disputes
We are available by email at  CustomerCare@trillstat.us to address any concerns you may have regarding your use of our Websites and purchase of the Products and Merchandise. Most concerns may be quickly resolved in this manner. TrillStatus and the Customer agree to use best efforts to settle any dispute, claim, question, or disagreement directly through consultation and good faith negotiations which shall be a precondition to either party initiating a lawsuit.
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Our Websites are operated from Victoria, Australia. All matters arising out of or relating to these Terms are governed by and construed in accordance with the internal laws of the state of Victoria, Australia, without giving effect to any choice or conflict of law provision or rule (whether of the State of Victoria any other jurisdiction) that would cause the application of the laws of any jurisdiction other than those of the State of Victoria.
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Any civil action or legal proceeding arising out of or relating to these Terms shall be brought exclusively in the courts of record of the State of Victoria. TrillStatus and the Customer irrevocably consent to the jurisdiction of such court in any such civil action or legal proceeding and waives any objection to the laying of venue of any such civil action or legal proceeding in such court.
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IN ANY CIVIL ACTION, COUNTERCLAIM, OR PROCEEDING, WHETHER AT LAW OR IN EQUITY, WHICH ARISES OUT OF, CONCERNS, OR RELATED TO THESE TERMS, WHETHER SOUNDING IN CONTRACT, TORT, OR OTHERWISE, TRIAL SHALL BE TO A COURT OF COMPETENT JURISDICTION AND NOT TO A JURY. EACH PARTY HEREBY IRREVOCABLY WAIVES ANY RIGHT IT MAY HAVE TO A TRIAL BY JURY. ANY PARTY MAY FILE AN ORIGINAL COUNTERPART OR A COPY OF THIS AGREEMENT WITH ANY COURT, AS WRITTEN EVIDENCE OF THE CONSENT OF THE PARTIES TO THIS AGREEMENT OF THE WAIVER OF THEIR RIGHT TO TRIAL BY JURY. EACH PARTY HAS READ AND UNDERSTANDS THE EFFECT OF THIS SECTION.
Binding Arbitration
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If the Parties are unable to resolve a Dispute through informal negotiations, the Dispute (except those Disputes expressly excluded below) will be finally and exclusively resolved by binding arbitration. YOU UNDERSTAND THAT WITHOUT THIS PROVISION, YOU WOULD HAVE THE RIGHT TO SUE IN COURT AND HAVE A JURY TRIAL. The arbitration may be conducted in person, through the submission of documents, by phone, or online. The arbitrator will make a decision in writing, but need not provide a statement of reasons unless requested by either Party. The arbitrator must follow applicable law, and any award may be challenged if the arbitrator fails to do so.
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If for any reason, a Dispute proceeds in court rather than arbitration, the Dispute shall be commenced or prosecuted in the state and federal courts located in Victoria, Australia, and the Parties hereby consent to, and waive all defences of lack of personal jurisdiction, and forum non conveniens with respect to venue and jurisdiction in such state and federal courts. Application of the United Nations Convention on Contracts for the International Sale of Goods and the Uniform Computer Information Transaction Act (UCITA) are excluded from these Terms of Use.
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In no event shall any Dispute brought by either Party related in any way to our Websites be commenced more than three (3) years after the cause of action arose. If this provision is found to be illegal or unenforceable, then neither Party will elect to arbitrate any Dispute falling within that portion of this provision found to be illegal or unenforceable and such Dispute shall be decided by a court of competent jurisdiction within the courts listed for jurisdiction above, and the Parties agree to submit to the personal jurisdiction of that court.
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Restrictions
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The Parties agree that any arbitration shall be limited to the Dispute between the Parties individually. To the full extent permitted by law, (a) no arbitration shall be joined with any other proceeding; (b) there is no right or authority for any Dispute to be arbitrated on a class-action basis or to utilize class action procedures; and (c) there is no right or authority for any Dispute to be brought in a purported representative capacity on behalf of the general public or any other persons.
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Exceptions to Arbitration
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The Parties agree that the following Disputes are not subject to the above provisions concerning binding arbitration: (a) any Disputes seeking to enforce or protect, or concerning the validity of, any of the intellectual property rights of a Party; (b) any Dispute related to, or arising from, allegations of theft, piracy, invasion of privacy, or unauthorized use; and (c) any claim for injunctive relief. If this provision is found to be illegal or unenforceable, then neither Party will elect to arbitrate any Dispute falling within that portion of this provision found to be illegal or unenforceable and such Dispute shall be decided by a court of competent jurisdiction within the courts listed for jurisdiction above, and the Parties agree to submit to the personal jurisdiction of that court.
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Enforcement Costs; Attorney’s Fees
If any legal action (even if suit is not filed), civil action or other legal proceeding is brought for the enforcement of these Terms, or, in whole or in part, because of an alleged dispute, breach, default or misrepresentation in connection with any provision of this Agreement, the successful or prevailing party shall be entitled to recover its reasonable attorneys’ fees, court costs, and all expenses even if not taxable as court costs (including all such fees, taxes, costs and expenses incident to arbitration, appellate, bankruptcy and post judgment proceedings), incurred in that proceeding, in addition to any other relief which such party may be entitled. Attorneys’ fees shall include paralegal fees, investigative fees, and administrative costs and all other reasonable charges billed by the attorney to the prevailing party (including any fees and costs associated with collecting such amounts).
Notices
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We may provide any notice to you under these Terms by: (i) sending a message to the email address or the phone number you provide to us, or by posting to our Websites. Notices sent by email or text will be effective when sent and notices provided by posting will be effective upon posting. It is your responsibility to keep your email address and phone number current. To give us notice under these Terms, you must contact us as follows: (i) by e-mail at CustomerCare@trillstat.us; or (ii) by mail at Level 2, the Lantern, 707 Collins Street, Docklands, Melbourne, VIC 3008 Australia. We may update our e-mail or mail address for notices by posting a notice on our Websites. Notices provided by e-email will be effective immediately after sending. Notices provided by mail will be effective three business days after sending.
CONTACT US
What You Need to Know
In order to resolve a complaint regarding our Websites or to receive further information regarding use of our Websites, please contact us at: customerCare@trillStat.us.