By visiting and/or using the https://www.promotionalusb.com.au website, associated services and functionality (“the website”) you agree to be bound by this user agreement (“agreement”).

This agreement is formed between you and Gardner Consultants Pty Ltd T/A as Promotional USB (ABN 4170 0457 661) of 11 Precision Drive, MOLENDINAR QLD 4214 Australia (“us”, “our”, “we”). “you”, “user”, “member” and “visitor” means anyone who visits this website.

If you do not agree to any provisions of this agreement, you must not use the website.

We reserve the right to make changes to this agreement from time to time at our sole discretion. By continuing to use the website, you agree to be bound by the changes. We are not obliged to notify you of any changes but we will endeavour to alert you to any significant changes. Nevertheless, you should check our published agreement and policies from time to time to acquaint yourself with the current version.

Legal Capacity

By making an on-line purchase you accept these terms and conditions and acknowledge that you:

• are over eighteen (18) years of age, and/or
• are entering into a legal contract with us.

Should we suffer any loss or damage, as a result of a transaction entered into by a minor, we reserve the right to take legal action and seek compensation for such losses from the parents or guardians of the minor who caused the order to be placed.

Approval of materials

By signing our PromotionALL “Client Sign Off Form,” you acknowledge you are entering a contract with PromotionALL to supply promotional goods to you. You also acknowledge you are granting Promotional USB non-exclusive licence and use of your trademark, logo, business name and images for the purpose of customisation of products, packaging and portfolio (e.g images on our website/social media).

Payment Terms
Once we received this executed contract, we will proceed to place your order into production. Once your order is in production, your payment is required before goods and products can be shipped.

Please note our VIP clients, School/University, and Government orders that have a confirmed pre-existing payment plan in place at the time of placing this order will continue on agreed payment structure. Please check your order/payment status with us when setting order.

Payment accepted via Bank transfer or Credit Card.
If you wish to pay via cheque, please request this at time of order.

Late Payment Fees. 

Orders on Account/Invoice/Terms In the case of clear funds not presented in our bank on the due date, you agree to a 10% Late Payment Fee per month.

When you sign our “Client Sign Off Form” you agree that all details provide from you are correct including: Delivery address, model number, model colour, size, quantity, printing type/colour, logo and pricing.

Supply of services to You / Termination

• We aim to provide a positive experience for all users and members. Accordingly, we reserve the right to change (ie alter, remove or add functionality) the website at any time. We do not guarantee that you will be able to access the website in the same way or with the same equipment or software you used prior to the change.
• We may stop (temporarily or permanently) providing access to the website to you, or to visitors or members generally, at our discretion and without prior notice to you.

Disclaimer

• We will provide services with due care and skill but we do not warrant that our services will be provided without fault or disruption. To the extent allowed by law, we exclude all liability to you or anyone else for loss or damage of any kind (however caused or arising) relating in any way to the website including, but not limited to, loss or damage you might suffer as a result of:
  
  • errors, mistakes or inaccuracies on the website;
  • you acting, or failing to act, on any information contained on or referred to on the website and/or any linked website;
  • personal injury or property damage of any nature resulting from your access to, and use of, the website;
  • any unauthorised access to or use of our secure servers and/or personal information and/or financial information stored on those servers;
  • any interruption or cessation of transmission to or from our website;
  • any bugs, viruses, Trojan horses or other harmful code or communications which may be transmitted to or through our website by any third party; and/or
  • the merchantability or fitness for any purpose of any product or service of any linked sites. We do not warrant, endorse, guarantee or assume responsibility for any product or service advertised or offered by a third party through the website or any linked website or featured in any banner or other advertising. We will not be a party to or in any way responsible for monitoring any transaction between you and third party providers of products and services.
• We do not take responsibility for direct or indirect damages, or consequential losses suffered by use of fraudulent or unauthorised web address. The only authorised access point is https://www.promotionalusb.com.au with no characters before or after “https://www.promotionalusb.com.au”.
• Where any law implies a warranty into this agreement which may not be lawfully excluded then to the extent allowed by law, our liability for breach of the warranty will at our option be limited to:
  • in the case of goods:
    
    • the replacement of the goods or the supply of equivalent goods;
    • the repair of the goods;
    • the payment of the cost of replacing the goods or of acquiring equivalent goods; or
    • the payment of the cost of having the goods repaired; and
  • in the case of services:
    
    • the resupply of our services, or
    • the payment of the cost of resupply of our services.

Use of services by you

• You agree to use the website only for purposes that are permitted by:
  
  • this agreement;
  • any applicable law or regulation; and/or
  • generally accepted practice or guidelines.
• You agree not to access (or attempt to access) any part of the Website by any means other than through the interface provided by us.
• You agree that you will not engage in any activity that interferes with or disrupts the website or the servers and networks that host the website.
• You agree not to, or attempt 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 the use of the website or the content therein.
• You agree not to use, copy, distribute or commercialise content except as permitted by this agreement, by law or with our prior written consent.
• You understand and agree that any suspected fraudulent, abusive or illegal activity may be referred to appropriate law enforcement authorities.

Information on this Website

• Information about products (ie goods and services) on the website is based on material provided by suppliers and product manufacturers.
• You understand and agree that we cannot be held responsible for inaccuracies or errors caused by incorrect information supplied to us or by manufacturers or suppliers changing product specifications without notice to us.
• You agree to make your own enquiries to verify information provided and to assess the suitability of products before you purchase.

Orders

• Orders placed by you are offers to purchase particular product under the terms and conditions in this agreement at the price specified (including delivery and other charges).
• We reserve the right to accept or reject your offer for any reason (or no reason) including, but not limited to, the unavailability of any product, an error in the price or product description, or an error in your order. In the event that we cancel your order, we will provide a full refund of any payment received.

Price

• The prices of products, delivery and other charges shown are in Australian dollars and include GST where applicable.
• Prices are current at time of display but are subject to change.

Payment

• All payments must be received in full prior to dispatch. Please read the Payment section of the website for payment options.
• If your payment is not received or declined by your bank or credit card issuer, we cannot hold product against your order.

Supply of product

• Subject to this agreement, we will supply to you the products shown on your order confirmation.
• You understand that we will use our best endeavours to meet stated timeframes for dispatch and delivery, however many factors can affect these timeframes and we cannot guarantee that they will always be met.
• Please read the Delivery section of the website for delivery options and details.
• We do not allow personal pick up, unless organised and authorised by a member of our sales team.

Risk and Title

• We retain ownership of goods until payment is received in full.
• Risk in goods, such as loss or damage, passes to you upon delivery.

Change of mind returns / Store credit

• Your satisfaction is our number one priority however, please choose carefully as we do not refund or exchange simply because you changed your mind or the product was not what you expected.
• Please contact us via email to obtain a Return Authorisation Number as no returns can be accepted without one.

Statutory Conditions and Warranty / Refunds

• The Australian Consumer Law (“Law”) which forms part of the Competition and Consumer Act 2010 (Cth) implies into consumer contracts certain statutory conditions and warranties which cannot be excluded, restricted or modified. These are in addition to any voluntary warranties offered by the manufacturer or supplier. Where there is a breach of such a warranty relating to goods or services, and the breach is in terms of the Australian Consumer Law, a “major” failure, then the remedy will be limited to a refund or a replacement, at your election. In all other cases, a breach of such warranty will give rise to a refund or replacement at our election.
• As supplier, we provide the following express warranties subject to the following terms and conditions:
  
  • We will refund or replace the product as the case may be (with us or you deciding and determining the action to be taken according to whether the failure is major or non-major, as stated above) in the circumstances and to the extent required under the Law if the product you receive does not match the sample or description, is substantially unfit for its intended or disclosed purpose or is not of acceptable quality (as defined in the Law), is unsafe, or if the alleged issue with the product is such that a reasonable consumer aware of the issue would not have acquired the product.
  • Where a refund or replacement is to be provided under the terms of this warranty, we may to the extent permitted under the Law require the return of the product to us before refunding or replacing it.
  • Replacement products are subject to the same warranties as the original.
  • You must retain your proof of purchase for any manufacturer warranty claims.
  • Refunds will be issued at our discretion.
• In order to obtain these remedies:
  
  • You must notify us within a reasonable time of supply of the goods. In this context a ‘reasonable time’ is from the time of supply until a time that it would be reasonable to expect the relevant failure to become apparent, considering the nature of goods. In many cases this will be 7 to 14 days, but in some circumstances may be longer. Please contact us via the help centre. Once contacted we will advise you of the best way to return any products.
  • Except if and to the extent the Law requires otherwise, replacement of products or refund and reimbursement of freight costs will not be made until the original product is received by us and your claim verified.
  • We aim to process refunds and replacements within 28 days of receipt by us of the original product.
  • We will not refund or replace a product where in our reasonable opinion the product has following sale to you become of unacceptable quality due to fair wear and tear, misuse, failure to use in accordance with manufacturer’s instructions, using it in an abnormal way or failure to take reasonable care.
• Goods that develop a defect after first use may also be covered by manufacturer warranty.

Links to third party websites

• The Website may include links to other websites, content or resources. These linked websites, content or resources may be operated by third parties and we may have no responsibility or control over them. The existence of these links does not imply that we endorse the linked website, content or resource. You acknowledge that we have not reviewed any of these third party websites, content or resources and we are not responsible for the material contained therein.

Intellectual property

• We reserve all intellectual property rights, including but not limited to, copyright in material and/or services provided by us. Nothing in the agreement gives you a right to use any of our marketing material, business names, trademarks, logos, domain names or other distinctive brand features.
• Other trade marks used on the website that belong to third parties are used with permission and remain the intellectual property of the third party.
• You may not modify or copy the layout or appearance of the website nor any computer software or code contained in the website. You may not decompile or disassemble, reverse engineer or otherwise attempt to discover or access any source code related to the website.
• If you correspond or otherwise communicate with us, you automatically grant to us an irrevocable, perpetual, non-exclusive, royalty-free, world-wide licence to use, copy, display and distribute the content of your correspondence or communication and to prepare derivative works of the content or incorporate the content into other works in order to publish and promote such content. This may include, but is not limited to, publishing testimonials on our website and developing your ideas and suggestions for improved products or services we provide.

Transfer and Assignment

• In the event that we merge, sell or otherwise change control of our business or this website to a third-party, we reserve the right, without giving notice or seeking consent, to transfer or assign the personal information, content and rights that we have collected from you and any agreements we have made with you.

Indemnity

• You will at all times indemnify, and keep indemnified, us and our directors, officers, employees and agents from and against any loss (including reasonable legal costs and expenses on a full indemnity basis) or liability incurred or suffered by you or by us arising from any claim, demand, suit, action or proceeding by any person against you or us where such loss or liability arose out of, in connection with or in respect of your conduct or breach of this agreement.

Force majeure

• We shall not be liable for any delay in performing any of our obligations under this agreement if such delay is caused by circumstances beyond our reasonable control.

Applicable law

• This agreement will be governed by and interpreted in accordance with the laws of Queensland, Australia. You irrevocably submit to the non exclusive jurisdiction of the courts of the State of Queensland, Australia.
• If any part of this agreement is found to be void, unlawful or unenforceable then that part will be deemed to be severable from the balance of this agreement and the severed part will not affect the validity and enforceability of any remaining provisions.

Waiver

• If we do not exercise or enforce any right or provision under this agreement, it will not constitute a waiver of such right or provision. Any waiver of any provision under this agreement will only be effective if it is in writing and signed by us.

Returns Department

• PromotionALL
  PO Box 7414
  GCMC
  QLD 9726
  Australia