Terms of Service

THESE TERMS AND CONDITIONS OF USE [TERMS OF SERVICE] APPLY TO THE USE OF TREKGLOBAL.COM WEBSITE. IN THESE TERMS AND CONDITIONS, “WE,” “US,” “ITS” AND “OUR” REFER TO TREK GLOBAL Corporation (TREK GLOBAL) AND “YOU” AND “YOUR” REFER TO YOU. Before using www.trekglobal.com, please read this agreement relating to your use of this website carefully.

Acceptance of the Terms of Service

By using TREK GLOBAL’s Website, you agree to be bound by these terms and conditions of use (“Terms”). If you do not agree to these Terms, please do not use TREK GLOBAL’s Website. TREK GLOBAL provides the information and services on TREK GLOBAL’s Website to you, the user, conditioned upon your acceptance, without modification, of the Terms contained herein. Your use of TREK GLOBAL’s Website constitutes your agreement with such Terms.

We reserve the right, at our discretion, to change, modify, add or remove portions of these Terms periodically. Such modifications shall be effective immediately upon posting of the modified Terms to TREK GLOBAL’s Website. Your continued use of TREK GLOBAL’s Website following the posting of changes to these Terms will mean that you accept those changes.

Use of TREK GLOBAL’s Website and/or its Services constitutes full acceptance of and agreement to the Terms; if a user does not accept our Terms, he or she is not granted rights to use TREK GLOBAL’s Website or any of its Services, as defined herein, and should refrain from accessing TREK GLOBAL’s Website and its Services.

TREK GLOBAL reserves the right at any time and from time to time to modify or discontinue, temporarily or permanently, TREK GLOBAL’s Website or any Service thereon (or any part thereof). TREK GLOBAL shall not be liable to any user or other third party for any such modification, suspension or discontinuance except as expressly provided herein.

No unlawful or prohibited use

By using TREK GLOBAL’s Website, you warrant to TREK GLOBAL that you will not use TREK GLOBAL’s Website, or any of the content obtained from TREK GLOBAL’s Website, for any purpose that is unlawful or prohibited by these Terms. If you violate any of these Terms, your permission to use the TREK GLOBAL’s Website automatically terminates.

Description of service

TREK GLOBAL’s Website is a website owned and operated by TREK GLOBAL for the purpose of providing information about TREK GLOBAL and its services or any other purpose that may be approved by TREK GLOBAL from time to time (the “Purpose”).

Registration obligations

If required by TREK GLOBAL, each user must: (a) provide true, accurate, current and complete information on the Service’s registration form (collectively, the “Registration Data”) and (b) maintain and promptly update the Registration Data as necessary.

If applicable each user will receive a password and account designation upon completing TREK GLOBAL’s Website registration process and is wholly responsible for maintaining the confidentiality thereof and wholly liable for all activities occurring thereunder. TREK GLOBAL cannot and will not be liable for any loss or damage arising from a user’s failure to comply with this Section, including any loss or damage arising from any user’s failure to (a) immediately notify TREK GLOBAL of any unauthorized use of his or her password or account or any other breach of security and (b) ensure that he or she exits from his or her account at the end of each session.

TREK GLOBAL’s Website handles user Registration Data in accordance with the TREK GLOBAL’s Website Privacy Statement accessible on the link in the footer of each website page.

Content

All information, data, text, software, music, sound, photographs, graphics, video, messages or any other materials whatsoever (collectively, “Content”), whether publicly posted on or privately transmitted via TREK GLOBAL’s Website, are the sole responsibility of the person from which such Content originated. This means that the user, and not TREK GLOBAL, is entirely responsible for all Content that he or she uploads, posts, emails or otherwise transmits via TREK GLOBAL’s Website or any Service. No user shall transmit Content or otherwise conduct or participate in any activities on TREK GLOBAL’s Website and/or any Service which, in the judgment of TREK GLOBAL, is likely to be prohibited by law in any applicable jurisdiction.

TREK GLOBAL will not pre-screen or review Content, but TREK GLOBAL reserves the right to refuse or delete any Content of which it becomes aware that it reasonably deems not to fulfill the Purpose. In addition, TREK GLOBAL shall have the right (but not the obligation) in its sole discretion to refuse or delete any content that it reasonably considers to violate the Terms or be otherwise illegal.

TREK GLOBAL, in its sole and absolute discretion, may preserve Content and may also disclose Content if required to do so by law or judicial or governmental mandate or as reasonably determined useful by us to protect the rights, property or personal safety of TREK GLOBAL, TREK GLOBAL’s Website users and the public. TREK GLOBAL does not control the Content posted via the Service and, as such, does not guarantee the accuracy, integrity or quality of such Content. Under no circumstances will TREK GLOBAL be liable in any way for any Content, including, but not limited to, liability for any errors or omissions in any Content or for any loss or damage of any kind incurred as a result of the use of any Content posted, emailed or otherwise transmitted via TREK GLOBAL’s Website or any Service thereon.

Each user, by using TREK GLOBAL’s Website or any Service, may be exposed to Content that is offensive, indecent or objectionable. Each user must evaluate, and bear all risks associated with, the use of any Content, including any reliance on the accuracy, completeness, or usefulness of such Content.

Licensing and other terms applying to code and other content posted on TREK GLOBAL’s website

Use, reproduction, modification, and other intellectual property rights to data stored on TREK GLOBAL’s Website (“Content”) shall be subject to licensing arrangements that may be approved by TREK GLOBAL as applicable to such Content.

With respect to text or data entered into and stored by publicly-accessible site features (“TREK GLOBAL’s Website Public Content”), the submitting user retains ownership of such TREK GLOBAL’s Website Public Content. In such case, the submitting user grants TREK GLOBAL the royalty-free, perpetual, irrevocable, non-exclusive and fully sub licensable right and license to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, perform and display such Content (in whole or part) worldwide and/or to incorporate it in other works in any form, media, or technology now known or later developed, all subject to the terms of any applicable approved license.

No resale of service

You agree not to sell, resell or offer for any commercial purposes, any portion of the Services, use of the Services or access to the Services.

General practices regarding use and storage

TREK GLOBAL has no responsibility or liability for the deletion or failure to store any messages and other communications or other Content maintained or transmitted by any Service.

Termination

We may terminate an TREK GLOBAL’s Website user’s account in our absolute discretion and for any reason.

Our termination of any user’s access to TREK GLOBAL’s Website or any Service hereunder may be effected without notice and, on such termination we may immediately deactivate or delete user’s account and/or bar any further access to such files. TREK GLOBAL shall not be liable to any TREK GLOBAL’s Website user or other third party for any termination of that user’s TREK GLOBAL’s Website access or account hereunder.

Links

TREK GLOBAL, any Service or a third party may provide links to other websites. TREK GLOBAL exercises no control whatsoever over such other non-TREK GLOBAL websites and web-based resources and is not responsible or liable for the availability thereof or the content, advertising, products or other materials thereon. TREK GLOBAL shall not be responsible or liable, directly or indirectly, for any damage or loss incurred or suffered by any user in connection therewith. Your access and use of websites linked to TREK GLOBAL’s Website, including information, material, products and services therein, is solely at your own risk.

TREK GLOBAL’s Website’s privacy statement is applicable only when you are on TREK GLOBAL’s Website. Once you choose to link to another website, you should read that website’s privacy statement before disclosing any personal information.

Indemnity

Each user shall indemnify, defend and hold harmless TREK GLOBAL and affiliates and their respective officers, employees and agents, and each of TREK GLOBAL’s website partners from any and all claims, demands, damages, costs and liabilities, including reasonable legal fees, made by any third party due to or arising out of that user’s acts or omissions, including claims arising out of that user’s use of TREK GLOBAL’s Website; his or her submission, posting or transmission of Content or his or her violation of the Terms.

Disclaimer of warranties

EACH USER’S USE OF TREK GLOBAL’S WEBSITE AND TREK GLOBAL’S WEBSITE SERVICES IS AT HIS OR HER SOLE RISK. TREK GLOBAL’S WEBSITE AND TREK GLOBAL’S WEBSITE SERVICES ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS AND TREK GLOBAL ASSUMES NO RESPONSIBILITY FOR THE TIMELINESS, DELETION, MIS-DELIVERY OR FAILURE TO STORE ANY USER COMMUNICATIONS OR PERSONALISATION SETTINGS. EACH TREK GLOBAL’S WEBSITE USER WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO HIS OR HER COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF ANY SUCH MATERIAL. TREK GLOBAL EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. SPECIFICALLY, TREK GLOBAL MAKES NO WARRANTY THAT (i) TREK GLOBAL’S WEBSITE OR ANY TREK GLOBAL’S WEBSITE SERVICE WILL MEET YOUR REQUIREMENTS, (ii) ANY USER ACCESS WILL BE UNINTERRUPTED, TIMELY, SECURE OR ERROR-FREE, (iii) THE QUALITY OF ANY CONTENT, PRODUCTS, SERVICES, INFORMATION OR OTHER MATERIAL OBTAINED BY ANY USER WILL MEET HIS OR HER EXPECTATIONS, AND (iv) ANY ERRORS IN THE SOFTWARE WILL BE CORRECTED. TREK GLOBAL SHALL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES, INCLUDING BUT NOT LIMITED TO DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES (EVEN IF TREK GLOBAL HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), RESULTING FROM ANY USER’S USE OR INABILITY TO USE TREK GLOBAL’S WEBSITE OR ANY SERVICE; THE COST OF PROCUREMENT OF SUBSTITUTE SERVICES; UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA; STATEMENTS OR CONDUCT OF ANY THIRD PARTY ON TREK GLOBAL’S WEBSITE OR ANY SERVICE; OR ANY OTHER MATTER RELATING TO TREK GLOBAL’S WEBSITE OR ANY SERVICE. NOTHING HEREIN SHALL BE DEEMED TO CREATE AN AGENCY, PARTNERSHIP, JOINT VENTURE, EMPLOYEE-EMPLOYER OR FRANCHISOR-FRANCHISEE RELATIONSHIP OF ANY KIND BETWEEN TREK GLOBAL AND ANY USER OR OTHER PERSON OR ENTITY NOR DO THESE TERMS OF SERVICE EXTEND RIGHTS TO ANY THIRD PARTY. AS NOTED ABOVE, TREK GLOBAL DOES NOT AND CANNOT CONTROL THE ACTIONS OF TREK GLOBAL’S WEBSITE USERS, VISITORS OR LINKED THIRD PARTIES. WE RESERVE THE RIGHT TO REPORT ANY MALFEASANCE THAT COMES TO OUR ATTENTION TO THE APPROPRIATE AUTHORITIES. WE DO NOT GUARANTEE CONTINUOUS UNINTERRUPTED OR SECURE ACCESS TO TREK GLOBAL’S WEBSITE OR ANY SERVICES. OPERATION OF TREK GLOBAL’S WEBSITE MAY BE SUBJECT TO INTERFERENCE FROM NUMEROUS FACTORS OUTSIDE OUR CONTROL. FURTHER, SCHEDULED AND PREVENTIVE MAINTENANCE AS WELL AS REQUIRED AND EMERGENCY MAINTENANCE WORK MAY TEMPORARILY INTERRUPT SERVICES OR ACCESS TO THE WEBSITE. THE DISCLAIMERS OF WARRANTY AND LIMITATIONS OF LIABILITY APPLY, WITHOUT LIMITATION, TO ANY DAMAGES OR INJURY CAUSED BY THE FAILURE OF PERFORMANCE, ERROR, OMISSION, INTERRUPTION, DELETION, DEFECT, DELAY IN OPERATION OR TRANSMISSION, COMPUTER VIRUS, COMMUNICATION LINE FAILURE, THEFT OR DESTRUCTION OR UNAUTHORIZED ACCESS TO, ALTERATION OF OR USE OF ANY ASSET, WHETHER ARISING OUT OF BREACH OF CONTRACT, TORTIOUS BEHAVIOUR, NEGLIGENCE OR ANY OTHER COURSE OF ACTION BY TREK GLOBAL.

Limitation of Liability

IN NO EVENT SHALL TREK GLOBAL, ITS AFFILIATES, OFFICERS, DIRECTORS, EMPLOYEES OR OUR SUPPLIERS BE LIABLE FOR LOST PROFITS OR ANY SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES ARISING OUT OF OR IN CONNECTION WITH TREK GLOBAL’S WEBSITE, OUR SERVICES OR THIS AGREEMENT (HOWEVER ARISING, INCLUDING NEGLIGENCE).

OUR LIABILITY, AND THE LIABILITY OF OUR AFFILIATES, OFFICERS, DIRECTORS, EMPLOYEES, AND SUPPLIERS, TO YOU OR ANY THIRD PARTIES IN ANY CIRCUMSTANCE IS LIMITED TO THE LESSER OF AUD100 OR THE MINIMUM PERMISSABLE AT LAW.

Release

In the event that you have a dispute with one or more TREK GLOBAL’s Website users, you release TREK GLOBAL (and our officers, directors, agents, subsidiaries, parent corporation, joint ventures and employees) from claims, demands and damages (actual and consequential) of every kind and nature, known and unknown, suspected and unsuspected, disclosed and undisclosed, arising out of or in any way connected with such disputes.

Legal compliance

You shall comply with all applicable domestic and international laws, statutes, ordinances and regulations regarding your use of TREK GLOBAL’s Website and all of its Services.

No agency

You and TREK GLOBAL are independent contractors, and no agency, partnership, joint venture, employee-employer or franchiser-franchisee relationship is intended or created by these Terms.

Trademark information

TREK GLOBAL’s Website, the TREK GLOBAL’s Website logo and other TREK GLOBAL’s Website trademarks, service marks, and product and service names are trademarks of TREK GLOBAL Corp.

Copyrights

TREK GLOBAL respects the intellectual property rights of others, and requires that the people who use the TREK GLOBAL’s Website do the same.

If you believe that your work has been copied and is accessible on this site in a way that constitutes copyright infringement, you may notify by mail to TREK GLOBAL Corp., Level 1, 616 St Kilda Road, Melbourne VIC 3004 Australia providing the following information in writing:

the physical signature of the owner of the copyright or the person authorized to act on the owner’s behalf;
identification of the copyrighted work that you claim has been infringed;
identification of the material that is claimed to be infringing and information reasonably sufficient to permit TREK GLOBAL to locate the material;
your name, address, telephone number, and email address;
a statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law;
a statement, made under penalty of perjury, that the above information in your Notice is accurate and that you are the copyright owner or are authorized to act on the copyright owner’s behalf.

If TREK GLOBAL receives such a claim, TREK GLOBAL reserves the right to refuse or delete Content.