Terms & Conditions

Our Disclosures:

Our complete terms and conditions are contained below, but some important points for you to know before you become a customer are set out below:

  • Our liability under these terms is limited as set out in clause 7.
  • We may receive a benefit (which may include a referral fee or a commission) should you visit certain third-party websites via a link on the Site (Affiliate Link) or for featuring certain products or services on the Site.

Nothing in these terms limit your rights under the Australian Consumer Law.

1. Introduction

  1. In these Terms, when we say you or your, we mean both you and any entity you are authorised to represent (such as your employer). When we say we, us, or our, we mean Promotional USB (ABN: 50 828 537 148) (we, our or us). We and you are each a Party to these Terms, and together, the Parties.

2. Use of the Site

  1. You accept these Terms by placing an order via the Site, by email, by phone or accepting a Quote (Commencement Date). These Terms apply from the Commencement Date until the date that is the earlier of:
    1. the date set out in the Quote;
    2. the date the products have been provided (as reasonably determined by us); or
    3. the date on which these Terms are terminated,(Term).
  2. You must not use the Site and/or place an order for products with us unless you are at least 18 years old.
  3. When using the Site, you must not do or attempt to do anything that is unlawful or inappropriate, including:
    1. anything that would constitute a breach of an individual’s privacy (including uploading private or personal information without an individual’s consent) or any other legal rights;
    2. using the Site to defame, harass, threaten, menace or offend any person;
    3. using the Site for unlawful purposes;
    4. interfering with any user of the Site;
    5. tampering with or modifying the Site (including by transmitting viruses and using trojan horses);
    6. using the Site to send unsolicited electronic messages;
    7. using data mining, robots, screen scraping or similar data gathering and extraction tools on the Site; or
    8. facilitating or assisting a third party to do any of the above acts.

3. Orders

  1. You may order products from us directly through the Site or by email or by phone.
  2. Once we have received your request, we will issue you with a quote that will outline the quantity of products requested, the price, payment terms, and any other relevant commercial details (Quote).
  3. Once you have reviewed and accepted the Quote and made payment of the relevant Price, we will send you a design proof of the product by email. Once you have approved this, we will begin production.
  4. You acknowledge and agree that once you have accepted the design proof, we will not be responsible for any further changes requested.
  5. Each Quote is subject to, and will be governed by, these Terms and any other conditions expressly set out in the Order. To the extent of any ambiguity or discrepancy between a Quote and these Terms, the terms within these Terms will prevail.
  6. If you place an order for products on our Site, you are making an order to purchase the product(s) for the price listed on the Site (including the delivery fees or other applicable charges and taxes).
  7. We may, at our absolute discretion, accept or reject an order. If we need to reject your order, we will notify you within a reasonable time after your order is placed. Once we accept an order, a binding agreement is formed for the supply of products to you in accordance with these Terms.
  8. It is your responsibility to check the order details, including selected products, delivery details and pricing, before you submit your order through the Site or finalise your order via email. If your order is being finalised via email you will be responsible for approving the proof of the product.
  9. All purchases made through the Site are subject to availability. We do our best to keep products in stock and to keep the Site up to date with the availability of products.
  10. If a product is available for pre-order only (it is not currently in stock), this may indicated on our Site. We may display the date that the product is expected to be available for dispatch to you. These dates are an approximation only, and we will not be liable for any delay in the product being available for dispatch or the inaccuracy of the date.
  11. We may cancel, at any time before delivery and for whatever reason, an order that we have previously accepted, including where there is a considerable delay in dispatching your order, if for any reason we cannot supply the products you order (for example for an event beyond our reasonable control) or if products ordered were subject to an error on our Site (for example in relation to a description, price or image). We will contact you using the details you provided when you placed your order.
  12. You acknowledge and agree that we cannot guarantee stock levels. If there are any issues with the stock levels that directly affects your order, we will contact you and issue you with a new Quote.

4. Price and payments

  1. You must pay us the purchase price of each product you order, plus any applicable delivery costs as set out on the Site or in our Quote (the Price) in accordance with this clause. All amounts are stated in Australian dollars and Australian GST (where applicable) will be set out separately. You must pay any customs duties or taxes charged on the Price.
  2. You must pay the Price upfront using one of the methods set out on the Site or in our Quote.
  3. You must not pay, or attempt to pay, the Price by fraudulent or unlawful means. If you make a payment by debit card or credit card, you warrant that you are authorised to use the debit card or credit card to make the payment.
  4. The payment methods we offer are set out on the Site or in our Quote. We may offer payment through a third-party provider. You acknowledge and agree that we have no control over the actions of the third-party provider, and your use of the third-party payment method may be subject to additional terms and conditions.
  5. We may from time to time issue promotional discount codes for certain products on the Site.
  6. To claim the discount, you must enter the promotional discount code at the time of submitting your order through the Site.
  7. The conditions of use relating to promotional discount codes will be set out on the Site. We may also from time to time run competitions on the Site or on social media. These competitions are subject to terms and conditions which will be made available on the Site at the time of the competition.

5. Delivery, title and risk

  1. If possible we will deliver the products to the delivery address you provide when making your order. We currently deliver to areas as set out on the Site. Please refer to the delivery information on the Site to ensure you are in our delivery area. If you are not in our delivery area please contact us to discuss delivery options. We will put the delivery address on the tax invoice we send you.
  2. We will inform you by email, quote and tax invoice of the lead time on your order. This will include production time and delivery time.
  3. We deliver the products using a range of delivery methods. You may need to sign for some deliveries and you may have the choice for our delivery partner to leave the products in a safe place or to leave the products at your nearest post office for pick up.
  4. Title to the products will remain with us until you have paid the Price in full for the products. Until title passes, you must not do anything which seeks to create an encumbrance, lien, charge or other interest in or over the products.
  5. Risk in the products will pass to you as soon as they are delivered to the delivery address you provided in your order.

6. Australian Consumer Law

  1. We do not accept returns for change of mind or other circumstances. However, you may have rights to a repair, replacement or refund under the Australian Consumer Law.
  2. Nothing in these Terms attempts to modify or exclude the conditions, warranties and undertakings, and other legal rights, under the Australian Consumer Law (Consumer Law Rights). In Australia, our goods come with guarantees which cannot be excluded under the Australian Consumer Law. You are entitled to a replacement or refund for a major failure and compensation for any other reasonably foreseeable loss or damage. You are also entitled to have the goods repaired or replaced if the goods fail to be of acceptable quality and the failure does not amount to a major failure. Any and all other warranties or conditions which are not guaranteed by the Australian Consumer Law are expressly excluded where permitted, except to the extent such warranties and conditions are fully expressed in these Terms.
  3. Where you return products to us to seek an Australian Consumer Law remedy, you will need to cover any associated costs (for example delivery costs) of you returning the products to us.
  4. Where your claim is a valid claim under the Australian Consumer Law, we will refund your return delivery costs and, depending on the failure, either dispatch a new or repaired replacement product or refund you the Price of the relevant product. Please contact us for further information.

7. Limitations

Despite anything to the contrary, but subject to your Consumer Law Rights, to the maximum extent permitted by law:

  1. neither Party will be liable for Consequential Loss;
  2. each Party’s liability for any Liability under these Terms will be reduced proportionately to the extent the relevant Liability was caused or contributed to by the acts or omissions of the other Party, including any failure by that Party to mitigate its losses; and
  3. our aggregate liability for any Liability arising from or in connection with the Terms (including the products and/or the subject matter of the Terms) will be limited to, and must not exceed, the portion of the Price paid by you to us for the products the subject of the relevant claim.

8. Confidential Information

  1. Subject to clause (b), each Party must (and must ensure that its Personnel) keep confidential, and not use (except to perform its obligations under these Terms) or permit any unauthorised use of, information provided by the other Party, including information about these Terms and the other Party’s business and operations.
  2. Clause (a) does not apply where the disclosure is required by Law or the disclosure is to a professional adviser in order to obtain advice in relation to matters arising in connection with these Terms and provided that the disclosing Party ensures the adviser complies with the terms of clause (a).
  3. This clause 8 will survive the termination of these Terms.

9. Intellectual property

  1. You acknowledge and agree that any intellectual property (including copyright and trademarks) developed, adapted, modified or created by us or our personnel (including in connection with the Terms, any content on the Site, and the products) (Our Intellectual Property) will at all times vest, or remain vested, in us.
  2. We authorise you to use Our Intellectual Property solely for your own personal, non-commercial use, and in the manner in which it was intended to be used.
  3. You must not use Our Intellectual Property for commercial purposes, including, for example, to advertise your own business, for re-sale, or for any other revenue generation activity.
  4. You must not, without our prior written consent:
    1. copy, in whole or in part, any of Our Intellectual Property;
    2. reproduce, retransmit, distribute, disseminate, sell, publish, broadcast or circulate any of Our Intellectual Property to any third party; or
    3. breach any intellectual property rights connected with the Site or the products, including (without limitation) altering or modifying any of Our Intellectual Property; causing any of Our Intellectual Property to be framed or embedded in another website; or creating derivative works from any of Our Intellectual Property.
  5. Nothing in the above clause restricts your ability to publish, post or repost Our Intellectual Property on your social media page or blog, provided that:
    1. you do not assert that you are the owner of Our Intellectual Property;
    2. unless explicitly agreed by us in writing, you do not assert that you are endorsed or approved by us;
    3. you do not damage or take advantage of our reputation, including in a manner that is illegal, unfair, misleading or deceptive; and
    4. you comply with all other terms of these Terms.

10. Termination

  1. These Terms will terminate immediately upon written notice by a Party (Non-Defaulting Party) if:
    1. the other Party (Defaulting Party) breaches a material term of these Terms and that breach has not been remedied within 10 Business Days of the Defaulting Party being notified of the breach by the Non-Defaulting Party; or
    2. the Defaulting Party goes bankrupt, insolvent or is otherwise unable to pay its debts as they fall due.
  2. Upon termination of these Terms:
    1. you are to pay for all products supplied prior to termination, including products which have been supplied and not yet been invoiced to you and all other amounts due and payable under these Terms;
    2. by us pursuant to clause 10(a), you also agree to pay us our additional costs, reasonably incurred, and which arise directly from such termination (including recovery fees);
    3. we may retain your documents and information (including copies) to the extent required by law or pursuant to any information technology back-up procedure, provided that we handle your information in accordance with clause 8 and;
    4. you agree to promptly return (where possible), or delete or destroy (where not possible to return), any documentation, information or material provided to you by us that is in your possession or control.

11. User Content

  1. You may be permitted to post, upload, publish, submit or transmit relevant information and content (User Content) on the Site.
  2. If you make any User Content available on or through the Site, you grant to us a worldwide, irrevocable, perpetual, non-exclusive, transferable, royalty-free licence to use the User Content, with the right to use, view, copy, adapt, modify, distribute, license, transfer, communicate, publicly display, publicly perform, transmit, stream, broadcast, access, or otherwise exploit such User Content on, through or by means of the Site and our social media platforms.
  3. You agree that you are solely responsible for all User Content that you make available on or through the Site. You represent and warrant that:
    1. you are either the sole and exclusive owner of all User Content or you have all rights, licences, consents and releases that are necessary to grant to us the rights in such User Content (as contemplated by these Terms); and
    2. neither the User Content nor the posting, uploading, publication, submission or transmission of the User Content or our use of the User Content on, through or by means of our Site (including on social media) will infringe, misappropriate or violate a third party’s intellectual property rights, or rights of publicity or privacy, or result in the violation of any applicable law or regulation.
  4. We do not endorse or approve, and are not responsible for, any User Content. We may, at any time (at our sole discretion), remove any User Content.

12. General

  1. Disputes: A Party may not commence court proceedings relating to a dispute without first meeting with the other Party to seek (in good faith) to resolve the dispute, failing which the Parties agree to engage a mediator to attempt to resolve the dispute. The costs of the mediation will be shared equally between the Parties. Nothing in this clause will operate to prevent a Party from seeking urgent injunctive or equitable relief from a court of appropriate jurisdiction.
  2. Notices: Any notice given under these Terms must be in writing addressed to us at the details set out below or to you at the details provided when you submitted your order or in your account. Any notice may be sent by standard post or email, and will be deemed to have been served on the expiry of 48 hours in the case of post, or at the time of transmission in the case of transmission by email.
  3. Force Majeure: Neither Party will be liable for any delay or failure to perform their respective obligations under these Terms if such delay or failure is caused or contributed to by a Force Majeure Event, provided the Party seeking to rely on the benefit of this clause, as soon as reasonably practical, notified the other Party in writing about the Force Majeure Event and the extent to which it is unable to perform its obligations and uses reasonable endeavours to minimise the duration and adverse consequences of the Force Majeure Event.
  4. Feedback and complaints: We are always looking to improve our services. If you have any feedback or a complaint, please notify us on our contact details below and we will take reasonable steps to address any concerns you have.
  5. Assignment: You must not assign any rights or obligations under these Terms, whether in whole or in part, without our prior written consent.
  6. Amendment: We may, at any time and at our discretion, vary these Terms by publishing varied terms on the Site. Prior to placing an order, we recommend you carefully read the terms that are in effect at that time to ensure you understand and agree to them. For any order that has been accepted by us, the terms and conditions that apply will be the ones that were in effect (and which you agreed to) when you placed your order.
  7. Governing law: These Terms are governed by the laws of Queensland. Each Party irrevocably and unconditionally submits to the exclusive jurisdiction of the courts operating in Queensland and any courts entitled to hear appeals from those courts and waives any right to object to proceedings being brought in those courts.
  8. Third party sites: The Site may contain links to websites operated by third parties. Unless we tell you otherwise, we do not control, endorse or approve, and are not responsible for, the content on those websites. We recommend that you make your own investigations with respect to the suitability of those websites. If you purchase goods or services from a third party website linked from the Site, such third party provides the goods and services to you, not us. We may receive a benefit (which may include a referral fee or a commission) should you visit certain third-party websites via a link on the Site (Affiliate Link) or for featuring certain products or services on the Site.
    We will make it clear by notice to you which (if any) products or services we receive a benefit to feature on the Site, or which (if any) third party links are Affiliate Links.

13. Definitions

  1. Consequential Loss means, whether under statute, contract, equity, tort (including negligence), indemnity or otherwise; any loss or damage that cannot be considered to arise according to the usual course of things from the relevant breach, act or omission, whether or not such loss or damage may reasonably be supposed to have been in the contemplation of the Parties at the time they entered into these Terms as the probably results of the relevant breach, act or omission, and/or, any real or anticipated loss of profit, loss of benefit, loss of revenue, loss of business, loss of goodwill loss of opportunity, loss of savings, loss of reputation, loss of use and/or loss or corruption of data. The Parties agree that your obligation to pay us the Price under these Terms will not constitute “Consequential Loss”.
  2. Force Majeure Event means any event or circumstance which is beyond a Party’s reasonable control.
  3. Liability means any expense, cost, liability, loss, damage, claim, notice, entitlement, investigation, demand, proceeding or judgement (whether under statute, contract, equity, tort (including negligence), indemnity or otherwise), howsoever arising, whether direct or indirect and/or whether present, unascertained, future or contingent and whether involving a third party or a party to these Terms or otherwise.
  4. Site means our website, available here: www.promotionalusb.com.au www.promotionalusb.com.au

For any questions and notices, please contact us at:
Promotional USB (ABN 50 828 537 148)
Email: [email protected]

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