Terms of service

 

Promo Media Pty Ltd, trading under the name Promo Punks and operating the website "www.promopunks.com.au", is the legal entity that owns and operates this website. This document outlines the terms, conditions, and notices (collectively referred to as the "Terms of Service") that govern your relationship with our website and the use of our products and services (collectively referred to as the "Services"). By using our Services, you are agreeing to abide by these Terms of Service, which may be updated periodically by Promo Media Pty Ltd. We recommend you review this page regularly to stay informed about any changes to the Terms of Service.

Your access to our website is granted temporarily. Promo Media Pty Ltd reserves the right to modify or withdraw the Services without prior notice. We will not be held responsible if, for any reason, the website is unavailable at any given time or for any duration. We may occasionally restrict access to certain parts or the entirety of the website.

Our website may contain links to other websites ("Linked Sites"), which Promo Media Pty Ltd does not operate. We have no control over these Linked Sites and do not accept responsibility for any loss or damage arising from your use of them. Your use of these Linked Sites is subject to their respective terms of use and service.

Prohibited Activities
You are prohibited from misusing this website. This includes committing or encouraging criminal offenses; transmitting or distributing harmful or offensive material; hacking into any aspect of the Service; corrupting data; causing annoyance to other users; infringing upon the proprietary rights of others; sending unsolicited advertising or promotional material, commonly referred to as "spam"; or attempting to disrupt the performance or functionality of any computer facilities accessed through this website. Violating these provisions may constitute a criminal offense, and Promo Media Pty Ltd will report any such breach to the relevant law enforcement authorities and disclose your identity to them.

We will not be held liable for any loss or damage caused by a distributed denial-of-service attack, viruses, or other harmful material that may infect your computer equipment, programs, data, or other proprietary material due to your use of this website or your downloading of any material posted on it, or on any website linked to it.

Intellectual Property, Software, and Content
The intellectual property rights in all software and content (including photographic images) made available to you on or through this website remain the property of Promo Media Pty Ltd or its licensors and are protected by copyright laws and treaties globally. All such rights are reserved by Promo Media Pty Ltd and its licensors. You may store, print, and display the content supplied solely for your personal use. You are not permitted to publish, manipulate, distribute, or reproduce any of the content or copies of the content supplied to you or which appears on this website in any format. You are also prohibited from using any such content in connection with any business or commercial enterprise.

Terms of Sale
By placing an order, you are offering to purchase a product subject to the following terms and conditions. All orders are subject to availability and confirmation of the order price.

Dispatch times may vary according to availability and are subject to any delays resulting from postal delays or force majeure, for which we will not be responsible.

To contract with Promo Media Pty Ltd, you must be over 18 years of age and possess a valid credit or debit card issued by a bank acceptable to us. Promo Media Pty Ltd retains the right to refuse any request made by you. If your order is accepted, we will inform you by email and confirm the identity of the party you have contracted with. This will usually be Promo Media Pty Ltd, or in some cases, a third party. Where a contract is made with a third party, Promo Media Pty Ltd is not acting as either agent or principal, and the contract is made between yourself and that third party, subject to the terms of sale they provide you. When placing an order, you affirm that all details you provide to us are true and accurate, that you are an authorized user of the credit or debit card used to place your order, and that there are sufficient funds to cover the cost of the goods. The cost of foreign products and services may fluctuate, and all prices advertised are subject to such changes.

(a) Our Contract

Upon placing an order, you will receive an acknowledgment email confirming receipt of your order. This email is merely an acknowledgment and does not constitute acceptance of your order. A contract between us will not be formed until we send you confirmation by email that the goods you ordered have been dispatched. Only the goods listed in the confirmation email sent at the time of dispatch will be included in the contract formed.

(b) Pricing and Availability

While we strive to ensure that all details, descriptions, and prices on our website are accurate, errors may occur. If we discover an error in the price of any goods you have ordered, we will inform you as soon as possible and give you the option to reconfirm your order at the correct price or cancel it. If we are unable to contact you, we will treat the order as canceled. If you cancel and you have already paid for the goods, you will receive a full refund.

Delivery costs will be charged in addition; such additional charges are clearly displayed where applicable and included in the 'Total Cost'.

(c) Payment

Upon receiving your order, we carry out a standard authorization check on your payment card to ensure there are sufficient funds to fulfil the transaction. Your card will be debited upon authorization being received. The monies received upon debiting your card shall be treated as a deposit against the value of the goods you wish to purchase. Once the goods have been dispatched and you have been sent a confirmation email, the monies paid as a deposit shall be used to consider the value of goods you have purchased as listed in the confirmation email.

Disclaimer of Liability
The material displayed on this website is provided without any guarantees, conditions, or warranties as to its accuracy. Unless expressly stated otherwise, Promo Media Pty Ltd, its suppliers, content providers, and advertisers expressly exclude all conditions, warranties, and other terms which might otherwise be implied by statute, common law, or the law of equity. We shall not be liable for any damages whatsoever, including but not limited to direct, indirect, special, consequential, punitive or incidental damages, or damages for loss of use, profits, data, or other intangibles, damage to goodwill or reputation, or the cost of procurement of substitute goods and services, arising out of or related to the use, inability to use, performance, or failures of this website or the Linked Sites and any materials posted thereon. This does not affect Promo Media Pty Ltd's liability for death or personal injury arising from its negligence, fraudulent misrepresentation, misrepresentation as to a fundamental matter, or any other liability which cannot be excluded or limited under applicable law.

Linking to this Website
You may link to our home page, provided you do so in a way that is fair and legal and does not damage our reputation or take advantage of it. However, you must not establish a link in such a way as to suggest any form of association, approval, or endorsement on our part where none exists. You must not establish a link from any website that is not owned by you. This website must not be framed on any other site, nor may you create a link to any part of this website other than the home page. We reserve the right to withdraw linking permission without notice.

Disclaimer as to Ownership of Trademarks, Images of Personalities, and Third-Party Copyright
Except where expressly stated to the contrary, all persons (including their names and images), third-party trademarks, and content, services, and/or locations featured on this website are in no way associated, linked, or affiliated with Promo Media Pty Ltd. You should not rely on the existence of such a connection or affiliation. Any trademarks/names featured on this website are owned by the respective trademark owners. Where a trademark or brand name is referred to, it is used solely to describe or identify the products and services and is in no way an assertion that such products or services are endorsed by or connected to Promo Media Pty Ltd.

Copyright
The Customer grants Promo Media a non-exclusive, royalty-free, worldwide license to reproduce, display, distribute, and use images of their artwork and brand for marketing, promotional, and general purposes relating to the promotion of Promo Media and its goods and services. This may include, but is not limited to, the use of images in press releases, print and digital advertising, social media, website content, catalogues, and other promotional materials. For clarity, unless otherwise specified, the customer retain the copyright in any images of their artwork and branding. The parties agree that this clause shall survive the termination of this Agreement.

Indemnity
You agree to indemnify, defend, and hold harmless Promo Media Pty Ltd, its directors, officers, employees, consultants, agents, and affiliates, from any and all third-party claims, liability, damages, and/or costs (including, but not limited to, legal fees) arising from your use of this website or your breach of the Terms of Service.

Variation
Promo Media Pty Ltd reserves the right, at its absolute discretion, to amend, remove, or vary the Services and/or any page of this website at any time and without notice.

Invalidity
If any part of the Terms of Service is unenforceable (including any provision in which we exclude our liability to you), the enforceability of any other part of the Terms of Service will not be affected, with all other clauses remaining in full force and effect. As far as possible, if any clause/sub-clause or part of a clause/sub-clause can be severed to render the remaining part valid, the clause shall be interpreted accordingly. Alternatively, you agree that the clause shall be rectified and interpreted in such a way that closely resembles the original meaning of the clause/sub-clause as is permitted by law.

Complaints
We operate a complaints handling procedure which we will use to try to resolve disputes when they first arise. Please let us know if you have any complaints or comments.

Waiver
If you breach these conditions and we take no action, we will still be entitled to use our rights and remedies in any other situation where you breach these conditions.

Entire Agreement
The above Terms of Service constitute the parties' entire agreement and supersede any preceding and contemporaneous agreements between you and Promo Media Pty Ltd. Any waiver of any provision of the Terms of Service will be effective only if in writing and signed by a Director of Promo Media Pty Ltd.