Terms and Conditions for the Sale of Goods with Promo Brands (Image Collection, Agrade, Promo Water & High Caliber Line) :
These Terms and Conditions form a contract between the customer (you) and Promo Brands that apply to the ordering, purchase, fulfilment and delivery of goods from Promo Brands or one of its agents/brands. Please read these Terms and Conditions carefully before placing your Order as these Terms and Conditions contain important information about the ordering, processing, fulfilment and delivery of goods, including limitations of liability. If you do not understand these Terms and Conditions or if you have any questions, please contact our Customer Service team.
The following definitions are used in these Terms and Conditions.
1.1 Business Days means a week day in which trading banks are open for the transaction of banking business in Melbourne, Australia.
1.2 Delivery Address means the address to which the Goods are to be delivered as stated on the Acknowledged Order confirmation provided to you.
1.3 Freight means the fees charged by Promo Brands for the delivery of Goods.
1.4 Goods means the items offered for sale, described or displayed on the Website.
1.5 GST has the meaning provided by A New Tax System (Goods and Services Tax) Act 1999 (Cth).
1.6 Law means any written rule or collection of rules, including, but not limited to any statute, regulation, order or rule, any government ordinance or by-law, any governmental agency's rule, regulation or determination, and any form of custom or policy recognised and enforced by judicial decision.
1.7 Order means a request by you to purchase Goods from Promo Brands in accordance with these Terms and Conditions.
1.8 Personal Information has the meaning as defined under the Privacy Act 1988 (Cth).
1.9 Price means the purchase price of each Good as specified on the Website.
1.10 Terms and Conditions means these terms and conditions, as amended from time to time.
1.11 Website means www.promobrands.com.au
1.13 We, Us, Our or Factory means Promo Brands Pty Ltd.
1.14 You, Your or Customer means you as the purchaser of Goods from Promo Brands pursuant to these Terms and Conditions.
Compliance with Terms and Conditions:
You agree to be bound to these Terms and Conditions when you submit an Order. Each order you submit will generate an Acknowledged Order confirmation. Each confirmation will be a separate and binding agreement between you and Promo Brands with the respect to supply of goods, in accordance with these Terms and Conditions.
All purchase orders (PO’s) must be in writing on customer’s official PO form or company letterhead. The PO must include the customer’s name, address, phone number, item number/name, quantity, unit price, item colour, imprint colour/colours, production service (if applicable), ship method, ship to address, ship date, in-hand date (date of event etc), promotional discounts and any other applicable information. If there is not a price on the Purchase Order, 3 Day Standard Service pricing will be used. Attached with your Purchase Order please include print ready vector artwork. All colours must exist as separate layers and all text will need to be outlined. If the artwork submitted is not usable your order will be placed on hold until print ready artwork can be supplied. It is important to note that custom PMS colours apply to ink printed onto white paper and may vary in appearance up to 1 to 2 shades depending on the type/colour/texture of the material they are printed on. This is unavoidable and not considered a defect/error. Please note that incomplete orders missing any of the information listed above will only be held for a maximum of 72 hours. Any order missing information after 72 hours will automatically be cancelled and will need to be resubmitted, no exceptions. Stock holds are only valid for 24 hours without a purchase order and will automatically be cancelled after 48 hours without notice.
Minimum Order Value Requirements and Below Minimum Orders:
All orders approved and accepted under the minimum quantities posted on our websites will incur $60(G) minimum surcharge, no exceptions. The policy for below minimum orders is 50% of the first column listed. (ie: First column shows 100 you can order as few as 50 with the above surcharge, etc). Some items cannot be ordered below our posted minimums so please make sure to confirm your order with our customer service team prior to submission. All orders must have a minimum subtotal of $187.50(G) to be accepted, no exceptions. Minimum surcharges and subtotals apply to all orders including unbranded stock.
Sample Request Information:
Samples valued up to $12.50(G) are provided free of charge and free of freight, for a reasonable quantity, as determined by customer service. We highly encourage requesting a sample before your order is placed to ensure you and your customer are happy with the quality and look of the product. Samples valued above $12.50(G) will be charged at the first column rate plus any applicable shipping costs. Samples are non-refundable and cannot be returned for credit. Sample kits are also available upon request. Pre-production samples are available with decoration for $162.50 (G), plus the cost of the item, and applicable shipping costs.
Promo Brands has three service options available when ordering, 3 Day Standard, 10 Day Service and Rush Service. The service you are ordering must be clearly stated on your purchase order. Please note on 10+ Day service, some of these services are provided factory direct and can be impacted by national holidays in other countries. To ensure your order is delivered in time please call customer service to confirm prior to placement. As 3 Day is our standard service, it will automatically be applied to purchase orders which do not specify a production service regardless of requested shipping dates and/or pricing listed on the order.
Order Acknowledgement Confirmations:
After your order is processed you will receive an Order Acknowledgement from our team. The Order Acknowledgement acts as a binding agreement between you and Promo Brands. Please note that any changes to pricing, instructions, and details must be made at this time to avoid delays. When you approve an art layout the agreement clearly states that you have received your Order Acknowledgement, have read our Terms and Conditions and are approving the Art Layout. From that point you have confirmed everything is correct for production and claims or adjustments made after an approval may not be accepted.
Any special requests, delivery labels or documents, special contact information etc must be clearly stated on your Purchase Order. Please do not include important order instructions in the body of emails and/or in other correspondence as this information may be missed. Information and instructions not clearly stated on a Purchase Order will be considered non-essential and the factory will not be responsible for special requests or instructions that are not part of the official Purchase Order received.
Changes to Orders:
Changes to the PO must be made in writing and must be approved by the factory prior to the changes becoming effective. Submitting a request without any confirmation by the factory will not be considered a valid change and customer will be billed for the original order. Customer is responsible for any and all incurred costs prior to change approval. If customer does not receive a confirmation of the change it may not have been received or approved. Changes made to orders after proof approval will have their production timelines reset, as any change made at this stage requires the order to be pulled from production. The only exception to this is changes in a delivery address. We highly recommend checking all details connected to your Purchase Order prior to placing it.
Cancellation requests must be in writing. Some orders may not be cancellable, dependent on whether production or shipping has commenced. The customer is responsible for any incurred costs such as set ups, printing, proofs, artwork, packaging and any other expenses incurred by the factory. There will be a charge of 20% of the item cost with a $60(G) minimum restocking charge for blank items plus all applicable return freight costs.
Refer to our production times for our range of rush services. From time to time, the factory may need to switch carriers in order to ship on time. Production time starts after all approvals have been received by factory, including credit, print ready art, paper proofs and pre-production proofs. Rush orders have firm requirements and guidelines that are as follows. Please note failing to adhere to these requirements may result in delays with your order. Please make sure before ordering that the product has the 24 HOUR RUSH Logo showing on the website, as not all products are available on this service. Check stock to ensure the inventory is available for your order. Min/Max quantities for rush ordering are shown on the item’s page under Rush Pricing, and these are the only quantities that can be rushed. Rush production is limited to 1 colour/position imprinting (unless otherwise noted). Order and artwork must arrive by 10am the day prior (all order details must be complete and artwork must be in a usable vector format). Art layout must be approved by 1pm the day prior to the anticipated despatch date. Completed orders will ship the next business day, by end of day, and cannot be shipped via third party freight. Please contact us for requests outside of the guidelines for preapproval before submitting an order. Prepaid accounts must also include payment at time of order.
Repeat set up charges are $45(G)/colour/location (unless otherwise listed) for all in stock orders with identical art to the previous order. Overseas orders may have higher repeat set up charges, check with your customer service representative prior to placing an order. Repeat set up charges are free from any other supplier. Simply show that an order has been produced previously with another supplier and we will waive the set-up charges for that order. Please note that for exact matching of a previous order customers are encouraged to send in a sample for matching (as printing/material shades can alter from order to order). Artwork will be kept on file for 24 months. Orders after 24 months will be treated as a new order. All repeat orders require proof approval, and are re-setup electronically when placed. It is important to proof these orders carefully to ensure the layout is correct.
Unbranded orders require approval of an Order Acknowledgement prior to despatch. You will receive this after your order is placed and must electronically sign it before you order can be picked from inventory. While most unbranded orders despatch within 24 hours failure to approve the Order Acknowledgement and/or issue prepayment (as applicable) will result in delays.
Inventory stock is on a first come first serve basis. Prior to submitting a PO, always call to check available inventory or visit our website for Inventory numbers. Inventory cannot be placed on hold for more than 48 hours without a confirmed purchase order and artwork.
You may request a hold be placed on inventory for 24-48 hours. All hold requests must be submitted in writing to our customer service team. Please note after 48 hours the hold will be released without notice.
From time to time Promo Brands will run sales promotions on certain items. Every promotion has a corresponding promotional code that must be reference on your Purchase Order. Promotional discounts cannot be retroactively applied to orders in production and/or orders that have been invoiced. Please make sure to include the promotional code when ordering and if you are unsure of our current promotions please contact customer service before placing your order.
Due to currency and material fluctuations, prices are subject to change without notice. We are not responsible for incorrect pricing, production times and, or descriptions found on 3rd party databases, websites, flyers or catalogues (i.e. APPA, PromoDirect, Xebra, ect) Prices on the website supersede all pricing, published or otherwise posted. The factory’s current catalogue supersedes all previous publications.
In accordance with Australian Goods & Services Tax laws goods shipped in Australia will be charged GST. Please contact our Accounts department prior to ordering for instructions on how you may qualify for an exemption from the tax.
An additional fee of $80(G) per hour will be applied for artwork changes, such as recreations, clean ups and redraws. The first 2 art layouts (proofs) are free of charge and then $25.00(G) per revision thereafter. The only exception is when our art department has missed an instruction provided on your Purchase Order.
Artwork Sign Off/Proof Approval:
Factory makes every attempt possible to layout artwork as instructed, but human error and technical errors are inevitable. It is the customer’s sole responsibility to review the final artwork layout and approve it for production. The factory will not be held responsible for errors in artwork layouts that have been reviewed and approved (signed off) by the customer.
Docu-Sign and Our Three Points of Approval:
Prior to production, a final approval request is sent through our Docu-Sign Signature system. By signing through Docu-Sign you are acknowledging the following three points of approval. One, that you have received your Acknowledged Order confirmation and agree with the pricing, details, delivery and anticipated despatch date. Two, that you have read our Terms and Conditions and agree to abide by them. Third, that you are approving the final art layout attached to the Docu-Sign, and confirm your understanding that all production times begin after approval. You will receive a production notification after final approvals are received with a revised anticipated despatch date (as applicable).
Once your Order Acknowledgement and Art Layout have been approved you will receive a Production Notification with an anticipated despatch date shown. While we strive to ship every order on it’s anticipated despatch date the date is only an approximate ship date based on the service level you are ordering with. If you have a critical delivery date (In Hands) it must be clearly stated on the purchase order so that this information can be correctly conveyed to our production team.
Despatch notifications are sent every evening after hours. Notifications go out for all orders despatched on the same day and include an image of the decorated item, address confirmation, and tracking details. On occasion an image will be missed or a despatch notification may fail to send, and we apologise in advance for any inconvenience this may cause. If you do not receive a despatch notification please contact customer service for tracking details.
The customer is responsible for all shipping charges FOB Melbourne, Australia, as applicable. Shipping instructions, shipping method, delivery address and requested despatch date must be included on the PO. Please note our processing team schedules orders off the service level requested and/or a requested despatch date. It is the customers’ responsibility to check anticipated transit times with couriers before placing an order. All delivery times provided by couriers are estimates unless an express service is requested and paid for. Changes to shipping instructions must be in writing, approved by factory and submitted at least 24 hours prior to ship date as factory may ship early. Factory will not be responsible for delays or additional charges for any unapproved changes. Factory may ship orders out prior to customer’s requested ship date without notification to customer. Orders are not insured unless requested on the PO or in writing (please note this request will incur any applicable courier insurance costs associated). All orders become the customer’s property upon factory’s delivery to carrier as shipments are FOB Melbourne. Customers should file claims with carrier for any delayed, lost or damaged shipments. The factory will be happy to assist with this process, but the customer must initiate this process within 14 days of shipment. If requested our customer service team will open an investigation ticket with the shipping carrier, and provide your contact details for notifications and follow up. It is the customer’s responsibility after the initial investigation has been opened to follow up with the carrier for additional updates and information. Delays caused by a carrier are not the responsibility of the factory and no refunds, credits or returns will be given to customer due to carrier issues
Promo Brands Flat Rate Shipping Program:
Flat-Rate shipping is eligible for all products in the catalogue (at catalogue quantities only) except Bottled Water (BSW350 &BSW600). Flate-Rate shipping is $18.75(G) per shipment to any one mainland location in Australia via road service (chosen by the factory). Flat-Rate shipping does NOT apply to split shipments going to more than 3 locations. If you are split shipping to more than 3 locations the first 3 locations will have the Flat Rate of $18.75(G) applied (per shipment) and the remaining will be billed at standard freight costs: FOB Melbourne, Australia. Flat-Rate shipping does NOT apply to offshore/indent orders.
Title/Ownership of Shipments:
Title passes when merchandise is transferred to common carrier (StarTrack, DHL, TNT, Direct Freight, Border Express or any other method of transport).
Different common carriers (StarTrack, DHL, TNT, Direct Freight or any other method of transport) ALWAYS require a Company Name, Contact Name, and/or Phone Number for delivery. The factory requires that all this information be included when submitting your purchase order or the delivery address may be listed as TBA. These requirements are at the discrepancy of the carriers and the factory cannot be held responsible for delays in delivery resulting from this information not being accurate. Orders marked TBA will be delayed at despatch until accurate delivery information is provided. Please note after 72 hours all pending shipments will be sent directly to the distributor using the address on file.
Special Packaging and Fulfillment:
Factory has a full-service fulfillment facility. Call for quotes on all special packaging and fulfillment services. There will be a $22(G) per pallet charge for palletising.
The Factory reserves the right to ship via the carrier of their choice, at customer’s expense in order to meet the customer’s in hands date. To ship via Australia Post Service or any other carrier will require an additional 2 business days and a fee of $32(G)/per order.
Billing to Customer or Third-Party Account:
Upon request, factory will attempt to bill shipping to a customer’s account. If customer refuses the charges, the carrier will typically bill back the charges to the factory. In this case, factory will invoice customer for the shipping charges plus a $32(G) service charge. If customer’s account is invalid, incorrect or factory fails to use customer’s account for any reason, factory will ship on factory’s account and invoice customer for the shipping charges. Customer will be obligated to pay these shipping charges. Any order not shipped on factory’s account will be charged $2.50(G)/box, up to a $12.50(G) maximum charge for handling.
For split shipments to more than three locations, a split shipment charge of $6.50(G)/per location will apply for additional locations. Additional charges may apply for some split shipments, please call customer service for details. Special offers and free freight programs do not apply to split shipment requests and will be billed at the individual split rates.
Miscellaneous Shipping Information:
If a delivery address is not included on the PO, the factory will hold shipment of the order for up to 72 hours before shipping via ground service directly to the distributor’s address on file. The customer is responsible for any additional freight charges caused by address changes, residential service, re-routed packages, returned packages and/or other adjustments made by the carriers. These additional freight charges will be invoiced to the customer in a supplemental invoice 15-60 days after the shipment. Carton weights are calculated by volume - not nett weight.
Overruns and Under Runs:
The factory reserves the right to over ship or under ship up to 5% and invoice accordingly. For exact quantity shipments, add an exact quantity fee of $32(G). The factory will not be liable for reproducing additional units of stock that fall within this policy. If exact quantity of goods is needed this must be specified clearly on the Purchase Order.
Caused by natural catastrophe, war, acts of terrorism or carrier delay is not the responsibility of the factory.
A request for a return for credit or refund must be in writing, state the specific reason for the return be submitted within 14 calendar days of the invoice. We highly encourage our customers to adopt this policy with their clients to ensure all orders are inspected upon receipt. The factory may reject claims made after the 14th calendar date. Refusing, abandoning or sending back a shipment without approval does not constitute an approval by factory. When approved, returned products must be in the same condition as when they left the factory and any approved return will only be considered based on the quantity returned. Contact a customer service representative for a return authorization number. See order cancellations for applicable fees. Please note customers are responsible for arranging returns to the factory.
All returns will be inspected by our Quality Control Team upon receipt. All claims must be confirmed by our Quality Control Team before we can issue any applicable credits/refunds/discounts. Please note that if a returned order passes Quality Control, the order will be shipped back out and new freight charges may be applied.
In the unfortunate event that you or your customer is not happy with an order please contact our customer service team. Please note as stated above that there is a 14 calendar day window to report discrepancies or disputes with an order you and/or your customer has received. After the 14th Calendar day we will assume the order has been received and accepted as is. When contacting customer service please provide as much detail as possible in relation to the discrepancy/dispute, dates/times, pictures etc. The information will be used to investigate and respond as quickly as possible with resolution options. Please note that once a resolution is provided, agreed and executed as planned it cannot be adjusted.
Merchandise and catalogue programs are always welcome, please contact customer service for details. All requests must be in writing.
Terms should be arranged prior to submitting an order. Depending upon the credit worthiness, credit terms may or may not be extended. Contact the Accounts department for details at firstname.lastname@example.org. Generally, terms will be considered after 3 transactions. Customers who do not maintain timely payments may risk being removed from Rewards programs and access to our specials and discounts. Please note if your account is setup for prepayment, the payment must be received before your order can go through the art department for proofing. Delays in payments will create delays in your timing, so please make sure to arrange this as quickly as possible.
Catalogue & Website Photography (Depictions of items in general):
The product photography, artwork, designs and trademarks imprinted on the products displayed herein are reproduced only as examples of the type of decorated products available. They are not intended to represent that the products are either endorsed by, or produced for the owners of the artwork, design or trademark. Any unauthorized use of images or any material in the current catalogue without prior written consent is prohibited. Products shown in our catalogue or on our website may vary slightly from actual products due to material availability, factory improvements and/or movement from one source to another. Variations can also occur from inherent limitations in photography, film separations and printing. We strongly suggest requesting a sample prior to placing an order if your customer has very specific expectations. You may also contact our team for an image from current stock prior to placing your order. Slight variations in products are not considered defects and are a result of mass production, availability, and current sources.
Social and Applicable Product Compliances:
The factory and its manufacturers shall comply with all applicable national, state, provincial and local laws and regulations, industry standards, UN Conventions, and any other requirements that pertain to product safety, employment practices and product manufacturing.
Warranties you make to Promo Brands:
You represent and warrant to Promo Brands that:
a) All information and data provided by you to us is accurate, complete and up to date.
b) Any nominated representative receiving the Goods on your behalf at the Delivery Address is duly authorised by you to do so;
d) In placing your Order, you have read and agree to these Terms and Conditions; and
e) In placing your Order, complied with all Laws.
f) You agree to indemnify us for any loss or damage suffered if you breach these Terms and Conditions.
Promo Brands Warranties to You:
Subject to any rights you have under any consumer protection law which cannot be excluded, we will not be liable to you or any third party for any loss, damage, cost, expense or injury (including indirect loss such as loss of revenue, profits, anticipated savings, goodwill or business opportunity, injury to your reputation) in contract, tort, under statue or otherwise, howsoever caused including arising directly or indirectly from or in connection with any transaction (actual or contemplated) undertaken or attempted to be undertaken with us.
Subject to any rights you have under any consumer protection law which cannot be excluded, Promo Brands excludes, all implied terms and warranties whether statutory or otherwise relating to the Promo Brands business or any subject matter of these Terms and Conditions. You are entitled to certain rights under consumer protection law that cannot be excluded.
Our liability to you for loss or damage of any kind arising out of these Terms and Conditions will be reduced or limited to the extent (if any) that you cause or contribute to the loss or damage.
Promo Brands reserves the right to, at its discretion, terminate your account and access to and use of the Website immediately:
1. If Promo Brands reasonably believes that you have breached these Terms and Conditions, and that breach is not capable of remedy; or
2. If you have been provided with notice of the breach, and you have failed to remedy that breach within 14 days (where the breach is able to be remedied).
Security and Viruses:
Information and emails sent to us may undergo email filtering and virus scanning, including by third party contractors. We do not warrant that such filters and scans will be effective in removing viruses or other potentially harmful code and we have no liability for any viruses transmitted to you.
Promo Brands reserves the right at all times to make changes to these Terms and Conditions. Any variations to these Terms and Conditions will take effect from posting on the Website. The Terms and Conditions which apply at the time of Order are those that govern your relationship with Promo Brands with respect to that Order. Any provision of these Terms and Conditions that is prohibited or unenforceable in any jurisdiction is ineffective as to that jurisdiction to the extent of the prohibition or unenforceability. That does not invalidate the remaining provisions of these Terms and Conditions nor affect the validity or enforceability of that provision in any other jurisdiction.
A failure or delay by Promo Brands to exercise a power or right under these Terms and Conditions does not constitute as a waiver of that power or right, and the exercise of a power or right by Promo Brands does not preclude its future exercise or the exercise of any power or right.
The laws of Victoria, Australia govern this agreement. Your transaction is deemed to have taken place in Dandenong South, Victoria, 3175.
Personal Information Collection Statement:
We Promo Brands collect your personal information so we can perform our business functions and activities, including:
1. Providing you with products and services and communicating with you;
2. Answering your enquiries, providing information or advice about our products or services, and entering you into our competitions and promotions;
3. Updating our records and the content of our websites; and
4. For our business processing, administrative, marketing and planning requirements.
If you do not disclose the personal information that we are seeking to collect then we may be unable to respond to you, or provide you with our products or services, or send you information about them. We may disclose your personal information to our employees, related bodies corporate, or service providers for the purposes of operating of our business or responding to your requests, or providing our products and services or information about them to you; or to suppliers and third parties with whom we have commercial relationships, for business, marketing and related purposes.
1. Access personal information we hold about you and seek the correction of such information;
2. Complain about a breach of the Australian Privacy Principles, and how we will deal with such a complaint.
Unless you tell us not to, we may use your personal information to contact you directly about our products or services that we think may be of interest to you by telephone, email or correspondence using the contact details you have provided. You can ask us not to send you marketing information by contacting our customer service team.
Your Privacy is important
Promo Brands is committed to protecting the privacy of your personal information. This policy explains:
1. How we collect, use and disclose information about our customers, suppliers (and their employees) and people who apply for employment with us;
2. How we comply with our obligations under the Australian Privacy Act 1988 (Cth) and the Australian Privacy Principles set out in that Act; and
3. How to contact us if you have any questions about the management of your personal information or would like to access the personal information we hold about you.
4. We may amend this policy at any time by posting the updated version on our website.
What information do we collect?
Promo Brands only collects information that is reasonably necessary for one or more of our functions or activities. Generally, the information we collect about customers includes your name, mailing and/or physical address, delivery address, phone number, payment, credit and billing information, and e-mail addresses. When you visit our websites, we may also collect information about your computer, including your IP address.
We also collect information about your use of our website using cookies. You can choose to decline cookies, but if you do so, you may not be able to fully experience our online interactive features.
We may also collect additional information about customers, including purchase history, location and preferences, either directly, or through third party analytics tools.
How we collect and hold information
Promo Brands collects personal information only by lawful and fair means. Where it is reasonable and practicable to do so, we collect your personal information from you directly when you purchase products or services from us, provide your details to us at an industry event, or enter competitions or other arrangements with us, provide feedback/complaints to us or register your details with us.
We take all reasonable steps to protect your personal information from misuse, loss, unauthorised access, modification or disclosure. We take all reasonable efforts to ensure your personal information is stored securely in access controlled electronic or physical locations.
Why we collect and hold and how we use information
We collect, hold and use your information to:
1. Sell, deliver, administer, improve and personalise our products and services;
2. Source products for sale, transport products, open trading accounts, process payments and credit checks;
3. Better understand our customers’ requirements and preferences, personalise and improve our product and service offering and to provide offers that are of greater interest or benefit to you;
4. To communicate with you, including responding to your feedback, queries and complaints.
5. Enable our third-party service providers to provide us with IT products and services, carry out product investigations, data processing, data analysis, business consulting, auditing, archiving, printing, delivery and mailing services;
6. Undertake and administer trade shows, surveys, promotions, competitions, events, marketing activities, direct marketing, database compilation, analysis of trends and demographics and other marketing or promotional activities;
7. Manage our supply arrangements and inventory and administer our websites;
8. Protect against fraud and theft;
9. Complete other transactions with you;
10. Maintain and update our records.
From time to time, we may also use your personal information to send you targeted news, offers and promotions of our products and services. If you do not wish to receive these communications, you can opt-out by contacting our customer service team.
How we disclose your information
We do not disclose personal information to third parties unless we are permitted to do so by law or you have given us your consent to do so You can request access to your information or that your information be corrected by contacting our customer service team.
If you wish to make a formal complaint, please make your complaint in writing to our Privacy Officer. We will consider your complaint promptly and contact you to seek to resolve the matter. If we have not responded to you within a reasonable time, you are entitled under the Privacy Act to make a complaint to the Office of the Australian Information Commissioner.
These terms govern the use of www.promobrands.com.au ("the website"). By accessing, using, browsing, registering with or contributing the website, you agree that your access to, and use of, these sites is subject to these terms and all applicable laws, and is at your own risk. If you do not agree to these terms in their entirety, you must not use these websites. We may amend or update these terms and conditions at any time by posting any changes at the website, without providing notice to you. By continuing to access and use these websites, you will be deemed to have agreed to any changes or updates to these terms.
Copyright and Trademarks:
The website and all material provided on these websites are owned by Promo Brands, including the "look" and "feel" of the website, the colour combinations, layout, literary and artistic works, photographs, and all graphical elements. Except where necessary for viewing the material on these websites on your browser, or as permitted under the Australian Copyright Act 1968 (Cth), or other applicable laws or these terms and conditions, nothing on the website may be copied, reproduced, adapted, uploaded to a third party, issued or communicated to the public, linked to, distributed or transmitted in any form by any process without the prior written consent of Promo Brands. If you are an authorised reseller of Promo Brands and would like to request permission to use photography or other content from this website for business purposes, please contact our customer service team..
The information contained on the website is provided by Promo Brands in good faith. To the best of Promo Brands knowledge, the information is accurate and current. However, these sites and its contents are provided to you on an "as is" basis. The website may contain errors, faults and inaccuracies and may not be complete and current. Promo Brands and its related bodies corporate, and their directors, officers and employees (“Associates”) make no representations or warranties of any kind, express or implied, as to the operation of the websits or the information, content, materials or products included on these sites, except as otherwise provided, and then only to the minimum extent required, under any applicable laws.
Limitation of Liability:
Subject to any non-excludable liability implied by legislation (including under consumer laws), any liability of Promo Brands or Promo Brands Associates in connection with goods or services supplied to you will, at the election of Promo Brands, be limited to:
1. In relation to goods, the replacement or repair of the goods, the supply of equivalent goods, the payment of the cost of replacing or repairing the goods or the payment of the cost of obtaining equivalent goods; and
2. In relation to services, the supply of the services again or the payment of the cost of having the services supplied again.
The above remedies are in addition to, and not in place of, your rights at law that cannot be lawfully excluded. Subject to any non-excludable liability (including under consumer laws), Promo Brands will not otherwise be liable to you or any other person for any direct, indirect, incidental, special, consequential, punitive or exemplary damages, including but not limited to damages for loss of profits, business interruption or the loss of data or information, or damages for product liability, personal injury or negligence resulting from use of goods or services supplied to you, or on your behalf, through this website.
All care is taken to ensure that these websites and data transmissions are free from viruses. However, Promo Brands cannot guarantee that any file or program available for download and/or execution from or via these websites is free from viruses or other conditions which could damage or interfere with data, hardware or software with which it might be used. It is your responsibility to scan any such data for viruses. You assume all risk of use of all programs and files on these sites, and you release Promo Brands entirely of all responsibility for any consequences of its use.
Third Party Sites:
The website may contain links to third party sites. Promo Brands is not responsible for the condition or content of those sites as they are not under Promo Brands control. You access those sites and/or use the site's products and services solely at your own risk. The links are provided solely for your convenience and do not indicate, expressly or impliedly, an endorsement by Promo Brands of the sites or the products or services provided on the sites.
These terms are governed by the laws in force in Victoria, Australia and you irrevocably and unconditionally submit to the non-exclusive jurisdiction of the Courts of Victoria, Australia and any Courts which may hear appeals from those Courts.
The website may be accessed from Australia or overseas. Promo Brands makes no representations that the content of the website complies with the laws (including intellectual property laws) of any country outside Australia. If you access the site from outside Australia, you do so at your own risk and are responsible for complying with the laws in the place where you access the sites if and to the extent that they are applicable. Only you and Promo Brands shall be entitled to enforce the website terms. You may not assign, transfer or sub-contract any of your rights or obligations under these terms to any third party unless we agree. No third party shall be entitled to enforce any of the website terms, whether by virtue of legislation or otherwise.
Social Networking Sites:
Any material you upload to our website will be considered non-confidential and non-proprietary, and we have the right to use, copy, distribute and disclose to third parties any material in the Submissions for any purpose. We also have the right to disclose your identity to any third party who is claiming that any material posted or uploaded by you to our sites or any of Promo Brands related third party social networking site or page constitutes a violation of their intellectual property rights, or of their right to privacy or any other rights. We will not be responsible, or liable to any third party, for the content or accuracy of any materials posted by you or any other user of our website. We have the right (but no obligation) to remove any Submissions you make on our website if, in our opinion, such Submission does not comply with the content standards set out below (including the spirit of those standards).
Rules for Submissions:
1. Please be polite and only write in English.
2. You confirm that the Submission is your own and that the content does not infringe the material, trademarks or intellectual property rights of others.
3. If you require an immediate response from us or have a comment about our service, please contact us directly.
Submissions should not include:
1. Profanity, blasphemy, spiteful, racist, sexually explicit, sexually gratuitous or discriminatory comments or content that might be considered to be harassment, abuse or threats against the personal safety or property of others
2. Comments about other reviewers or bloggers
3. Remarks making criminal accusations, or false, defamatory or misleading statements
4. Material which impersonates others
5. Spam or advertising
6. Third party brand names or trade marks
7. Personal information about anyone, including yourself, such as phone numbers, postal addresses or credit card numbers
8. HTML code, computer script or website URLs
9. Availability, price or alternative ordering or delivery information
10. Information about Promo Brands suppliers or manufacturers
Promo Brands, in its absolute discretion, reserves the right to:
1. Not publish the Submission or remove it
2. Take any appropriate action if deemed necessary
3. Remove reviews which relate to seasonal products which are no longer in season
Intellectual Property Rights:
All rights, including copyright on Promo Brands pages are owned by or licensed to Promo Brands Pty Ltd. Any use of any Promo Brands social networking pages or their contents, including copying or storing them in whole or in part, other than for your own personal, non-commercial use, is prohibited without the permission of Promo Brands. All worldwide rights reserved.
You consent to receive communications from us electronically and agree that all agreements, notices, disclosures and other communications that we provide to you electronically satisfy any legal requirement that such communications be in writing.