Website Terms of Use

Trade Flame Website Terms and Conditions 

• These are the terms and conditions that apply when you use this website (our website), owned and operated by Adventure Operations Australia Pty Ltd ABN [43 622 679 887] t/a ("Trade Flame ", "we", or "us"). All rights are reserved. 

• By using our website, you signify your agreement to these Terms & Conditions. As these may be amended from time to time, please review this page regularly. Continued use of the website after any amendments signifies acceptance of the changes. 

1. Purpose of the Website 

• Our website is provided for the purpose of selling Trade Flame products and services and providing related information about outdoor equipment. While we strive to ensure the accuracy of the information presented, we do not warrant that it is free from error and reserve the right to correct inaccuracies when identified. 

2. Use of the Website  

• You must ensure that your access to this Website is not illegal or prohibited by laws which apply to you.  

• You must not use the Website to:  

  • promote or engage in unlawful or fraudulent behaviour;  

  • mislead or deceive any person or entity;  

  • interfere with the use of the Website by other users;  

  • introduce malicious code or to circumvent security measures on any website, network or system; or  

  • engage in any other conduct that restricts or inhibits anyone’s use or enjoyment of our Website or services, or which, as determined by us, may harm Trade Flame  or users of our products or services, or expose them to liability.  

• Unfortunately, no data transmission over the internet can be guaranteed as totally secure.  We do not warrant and cannot ensure the security of any information which you transmit to us.  Accordingly, any information that you transmit to the Website is transmitted at your own risk.  If you become aware of any problems with the security of the data or the Website, please contact us immediately. 

• We maintain editorial control over the Website and we may suspend, withdraw or restrict the availability of all or any part of our Website at any time without notice.  These Terms will survive any such suspension, withdrawal or restriction.  

3. Linked websites  

All URLs on the Website are linked "as is" and are only used as references.  Unless otherwise expressly stated, Trade Flame does not: 

• sponsor, endorse nor necessarily approve of any material on sites linked from or to the Website; 

• make any warranties or representations regarding the quality, accuracy, availability, merchantability or fitness for purpose of any material on sites linked from or to the Website; 

• make any warranties or representations that material on other Websites to which the Website is linked does not infringe the Intellectual Property Rights of any person anywhere in the world; and 

• authorise the infringement of any Intellectual Property Rights contained in material in other sites by linking the Website to those other sites. 

4. User contributions  

• This Website may include information and materials uploaded by other users of the Website, such as reviews or testimonials of our products (User Contributions). The views expressed by other users on our Website do not represent our views or values. 

• We reserve the right to monitor all User Contributions and to remove any User Contributions which we deem to be inappropriate, defamatory, offensive or in breach of these Terms.  

• Any User Contribution you post to the Website must comply with these Terms and must not: 

  • contain any material which is defamatory, obscene, abhorrent, indecent, abusive, offensive, harassing, violent, hateful, inflammatory or otherwise objectionable; 

  • be used to solicit or promote business or custom or present commercial activities or unlawful activity; or 

  • infringe the Intellectual Property Rights of any third parties. 

5. Intellectual Property Rights  

• All Intellectual Property Rights in the Website, including in the design, text, graphics, logos, icons, sound recordings, algorithms and all software relating to the Website belong to our are licensed by us. 

• When you access the Website, you are granted a limited, non-exclusive, revocable, non-assignable and non-transferable right and licence to use the Website in the form provided.  You are only permitted to access the Website through the proper use of the functionality of the Website in accordance with these Terms. 

• This licence to use the Intellectual Property Rights in the Website is subject to your strict compliance with these Terms, and to any territorial restrictions that may apply from time to time.  Any attempt to otherwise access, copy, distribute or create derivative works from the Website content is expressly prohibited and is unlawful. 

• Except as set out in this clause, you must not in any form or by any means adapt, modify, upload, reproduce (other than for the purpose of viewing the Website in your browser), store, modify, distribute, print, upload, display, perform, or publish post frame within another website, remove any credits, or create derivate works from any part of the Website, or commercialise any information obtained from any part of the Website without our prior written permission or, in the case of third party material, from the owner of the Intellectual Property Rights in that third party material.   

• You hereby grant the Company a worldwide, sublicensable, royalty-free licence to use, reproduce, distribute, transmit, perform, display (publicly or otherwise), adapt, make derivative works of, and otherwise commercialise and exploit User Contributions that are posted or uploaded by you onto this Website.  

6. Privacy  

• We collect, use, store and disclose Personal Information in accordance with our privacy policy, which can be accessed here (Privacy Policy).   

• If you provide or make available to Trade Flame any Personal Information about another individual, you must provide all notifications and obtain necessary consents and authorisations to allow Trade Flame to collect, store, use and otherwise deal with that Personal Information lawfully. 

• We may use cookies to identify your device and for other purposes, including personalising your Website experience.  Our use of cookies may result in collection of your Personal Information in accordance with our Privacy Policy.  You may refuse to accept cookies by selecting the appropriate setting on your internet browser.  However, please note that if you do this, you may not be able to use the full functionality of our website. 

7. Liability and Indemnity 

• Trade Flame does not exclude any rights or remedies available under the Australian Consumer Law or similar State or Territory legislation that cannot be excluded, restricted, or modified. 

• To the extent permitted by law, Trade Flame's liability for any implied warranty or condition that cannot be excluded is limited to the following: 

• For goods supplied: 

  • the replacement of the goods or the supply of equivalent goods; or  

  • the payment of the cost of replacing the goods or of acquiring equivalent goods. 

• For services supplied: 

  • the re-supply of the services contemplated by these terms; or  

  • the payment of the cost of having the services supplied again; 

• Trade Flame is not liable for indirect, incidental, special, or consequential losses or damages, including but not limited to: 

• Inability to access or use the website or any material on the website. 

• Unauthorized access to or alterations of your transmissions or data. 

• Statements or conduct of any third party on the website. 

8. Benefits and Promotions advertised on our Website 

• From time to time, we may advertise Benefits on our Website. Benefits may include discounts, free gifts, rebates and promotions on items available through Trade Flame Trade Flame 's website at www.tradeflame.com.au (Benefits).  

• The following terms apply to all Benefits and Promotional Activities: 

  • Eligibility: Only Australian residents aged 18 or older are eligible to receive the Benefits. 

  • Usage: You can only claim or apply one Benefit per transaction unless otherwise stated on our Website or by us during a Promotional Activity. You must only redeem benefits = at the point of sale and you cannot apply any benefits retrospectively. 

  • Non-Transferable: Benefits cannot be sold, transferred, or redeemed for cash or any other instrument, including gift vouchers, gift cards, cheques, or credit notes. 

  • Expiry: You can only claim a Benefit before its expiry date, which will be advertised prominently on our Website.  All Benefits will have an expiry date, and you acknowledge and agree that all Benefits will become invalid after their expiry date. Trade Flame reserves the right to extend expiry dates without notice. 

  • Liability: Subject to any rights you have at law, Trade Flame is not liable for any technical failures or issues beyond our control that prevent the redemption of Benefits. 

9. Special Website Popups – Terms & Conditions 

• These terms and conditions apply to the Special Website Popups promotion for cart values over $250 on specific product categories at tradeflame.com.au. By participating in this promotion, you agree to the following terms: 

10. Eligibility Criteria: 

• This promotion is automatically triggered when a customer's cart reaches a value of $250 or more on eligible products from specific categories. 

• The promotion applies only to selected categories for the corresponding advertised promotion period. On the expiry of a promotion period, Trade Flame may amend the product categories that the promotion applies to in its discretion, such new categories will be notified to consumers on our Website. 

11. Promotion Activation: 

• A popup will appear when the qualifying cart value is reached, offering a unique discount code or special offer. 

• This popup is triggered only while qualifying products remain in the cart and the total cart value remains above $250. 

12. Code Validity: 

• The provided discount code or offer is valid only if the qualifying products from the specified categories remain in the cart at checkout. 

• If qualifying items are removed or if the cart value drops below $250, the promotion will no longer apply, and the discount code will become invalid. 

13. Exclusions: 

• Gift cards, shipping fees, and products outside the specified categories do not count toward the $250 minimum cart value. 

• This promotion cannot be combined with other offers, discounts, or promotions unless explicitly stated. 

14. Promotion Availability: 

• Trade Flame reserves the right to activate or deactivate the promotion at the expiry of any promotion period. 

• The offer is available while stocks last. 

15. General Terms: 

• The promotion is only valid for orders placed through tradeflame.com.au. 

• Trade Flame is not responsible for technical issues that may prevent the popup from displaying or the discount from being applied. Please contact our customer service team at [email protected] if for technical reasons you cannot apply the discount.  

• Misuse of the promotion may result in order cancellation. 

• For further information or inquiries about this promotion, please contact our customer service team at [email protected]. 

16. Specific Promotional Terms 

• In this section 17 and 18, all promotions are only valid within the advertised promotion period and are subject to any additional terms and conditions advertised to you.  

1. Free Gifts 
   From time to time, we may promote and provide free gifts with qualifying purchases of products or qualifying purchase amounts. All free gift offers must be claimed within the specified promotion period and are subject to any additional terms and conditions advertised to you.  
   
   Where you return a product for change-of-mind and request a refund (and not a credit or exchange), or where you return a product and we are not found to be at fault, we may request that you return the free gift in its original, unused condition to qualify for the refund for the product.  

2. Product Bundles 
   From time to time, we may promote and provide product bundle discounts. Discounts will apply only when items are purchased together and will be subject to any other terms and conditions advertised to you. Returns of individual items for change-of-mind or where we are not found to be at fault may void the discount and may be deducted from the refund amount. 

3. Add-On Savings 
   From time to time, we may promote and provide Add-on Savings.  The Add-on saving is applicable only when the add-on item is purchased with a qualifying item. If the qualifying item is returned for change-of-mind or where we are not found to be at fault, the add-on discount may be removed and may be deducted from any refund amount. 

4. Build Your Own Bundle 
   From time to time, we may promote and provide Build Your Own Bundle discounts. Discounts will apply when purchasing the minimum number of eligible items, and will be subject to any other terms and conditions advertised to you. Returns for change-of-mind or where we are not found to be at fault may void the discount and may be deducted from any refund amount. 

5. Product Volume Discounts 
   From time to time, we may promote and provide Product Volume Discounts.  A discount for a product volume will only be valid when the minimum quantity is purchased, subject to any other terms advertised to you. Partial returns for change-of-mind or where we are not found to be at fault may void the discount and may be deducted from any refund amount. 

6. Free Shipping Offers 
   If returned items for change-of-mind or where we are not found to be at fault reduce the order total below the free shipping threshold, shipping costs may be deducted from your refund. 

7. Buy X Get Y Promotions 
   From time to time, we may promote and provide Buy X Get Y Promotions. Unless advertised otherwise, customers are only entitled to one free item per customer per order. If the qualifying item is returned for change-of-mind, the free item may also be returned or its value will be deducted. 

8. Discount Bundles 
   From time to time, we may promote and provide Discount Bundles. Discounts will apply only when all specified items are purchased together, subject to any additional terms advertised to you. Partial returns may void the discount and may be deducted from the refund amount. 

9. Sign-Up Discounts 
   From time to time, we may promote and provide Sign-Up Discounts. Sign-Up Discounts are valid for first-time purchases only. Codes are single-use, non-transferable, and expire after a set period advertised to you. 

17. Returns and Exchanges 

• Forfeiture of Benefits: You acknowledge and agree that Benefits have been applied to you on the basis of you purchasing the qualifying and associated product. If you return any product that substantially qualified you for a Benefit, we may require you to return the Benefit or deduct the value of the Benefit from any refund amount where we are not at fault for the refund.  

• Refund Adjustments: If promotional items (e.g., free gifts) are not returned, their value may be deducted from the refund, subject to the above terms. 

• Exchanges for Lesser Value: Benefits will not transfer, and the price difference will not be refunded. 

• Bundle Returns: Subject to any rights you have under the Australian Consumer Law, all items in a bundle must be returned together for a full refund. Partial returns may void the discount. 

18. Communication 

• We are not liable for any misdirected, lost, or undelivered communications due to technical issues, including but not limited to network failures or software malfunctions. 

19. Competition and Consumer Act Compliance 

• Nothing in these Terms & Conditions excludes or limits your rights under the Competition and Consumer Act 2010 (Cth) or Australian Consumer Law. Where legally permitted, our liability is limited to: 

• Supplying equivalent goods or services. 

• Payment of the cost of supplying equivalent goods or services. 

20. Entire Agreement 

• This Agreement includes all promotional terms, including those for Special Website Popups. In case of discrepancies, Trade Flame ’s decision is final and binding. 

• This Agreement is governed by the laws of Queensland, Australia. Disputes will be handled under the jurisdiction of Queensland courts. 

• If any provision of these Terms is found by any court or body of competent jurisdiction to be wholly or partially illegal, invalid, void, voidable, unenforceable, or unreasonable, it is to be treated as severed from these Terms in the relevant jurisdiction, but the rest of these Terms will not be affected. 

21. Definitions  

In these Terms:  

• Consequential Loss means any consequential, special, indirect or incidental loss including without limitation loss of profit, loss of revenue, business interruption, loss of business, loss of opportunity, loss of reputation or loss in connection with breach of third party contracts or arrangements. 

• Intellectual Property Rights means all industrial and intellectual property rights, both in Australia and throughout the world, and includes any copyright, patent, registered or unregistered trade mark, registered or unregistered design, registered or unregistered plant breeder’s right, trade secret, knowhow, trade or business or company name, indication or source or appellation of origin or other proprietary right, or right of registration of those rights. 

• Personal Information has the meaning given to that term in the Privacy Act 1988 (Cth). 

• Privacy Policy means our privacy policy, which can be accessed via our Website or via the direct link in clause 7. 

• Terms means these terms and conditions and includes these terms and conditions as amended, supplemented, varied or replaced. 

• User Contributions has the meaning given to that term in clause 5.. 

• Website means www.tradeflame.com.au operated by us. 

22. Contact Information 

• For any enquiries or assistance, please contact: 

• Adventure Operations Australia Pty Ltd 
  71 Charles Ulm Place, Eagle Farm QLD 4009 
  Phone: 07 3193 1110 
  Email: [email protected]