Terms and conditions
1.1 In these terms and conditions of sale:
(a) “Agreement” means the agreement set out in Section A of the Application for Credit Account and Agreement for purchasing Goods on credit and incorporates these Terms and Conditions of Sale as amended from time to time;
(b) “Australian Consumer Law” means the law governed by the Competition and Consumer Act 2010 (Cth) (CCA) and any regulations made under the CCA.
(c) “Goods” means goods supplied by us to you from time to time including, but not limited to, goods described in any invoice we issue to you;
(d) “we” or “us” or “the Company” means Laminex Group Pty Limited (ABN 98 004 093 092) trading as The Laminex Group and any Related Body Corporate as defined in Section 9 of the Corporations Act 2001 (Cth )
(e) “you” means the Customer stated in the Application and any other person offering to contract with us on these terms and conditions or, where such person is acting in the course of employment, such person’s employer;
2.1 You will purchase and we will supply goods to you on the following terms and conditions of sale. However, we are not obliged to supply goods to you when requested to do so.
2.2 You warrant that the Goods supplied to you under this Agreement will be for use in a commercial or business operation and not for personal, domestic or household use or consumption.
2.3 All additions and amendments to these terms and conditions must be in writing signed by us.
3. QUOTATIONS AND ORDERS
3.1 Any quotation or price list given by us to you does not constitute an offer to sell Goods to you. We reserve the right to alter the quote or price list without notice to you.
3.2 By ordering Goods, you are making a binding offer to purchase those Goods. We will notify you of our acceptance of your order in writing. Alternatively, our manufacture of Goods or delivery of Goods pursuant to your order shall be deemed acceptance of your offer to purchase.
3.3 We reserve the right to modify the design of Goods, and cease to manufacture or supply Goods without notice.
4. PRICES, GST, FREIGHT AND INSURANCE
4.1 Unless otherwise expressly agreed in writing, the price of the Goods shall be the price specified in our invoice plus the amount which we are required to pay on account of any charges which may be levied by any government (domestic or foreign) plus any amount that reflects any increase in exchange rates, costs of labour, materials and overheads; for the avoidance of doubt this may include any carbon or greenhouse gas emission related charge.
4.2 You are responsible for all freight costs. If you nominate a carrier, this must be advised to us in writing in the absence of which we will choose a carrier.
5.1 You agree that until we confirm that credit terms have been granted to you, all Goods are supplied on a cash before delivery basis.
5.2 Unless otherwise agreed, all amounts owing to the Company on account of Goods supplied to you on credit are due and payable by the last working day of the month following dispatch of invoices to you.
5.3 You may pay by Visa and MasterCard. However, we reserve the right to charge a credit card handling fee for effecting payment by this method at the rate advised by us from time to time.
5.4 You agree that if you fail to pay in accordance with this clause 5, we may:
(a) charge a late payment fee of two percent (2%) plus GST on all amounts paid by credit card;
(b) charge interest on debts at four percent (4%) above the rate prescribed pursuant to the Penalty Interest Rates Act (Vic) 1983 from time to time;
(c) charge a dishonour handling fee at the rate advised by us from time to time where we are unable to obtain payment from your credit card provider or a cheque is not paid by your bank;
(d) recover all collection costs and expenses incurred in collecting overdue accounts;
(e) withhold supply;
(f) sue for the money owing on the Goods.
5.5 Any forbearance by us in charging any of the fees set out in clause 5 does not constitute a waiver of our right to do so in the future.
6.1 We reserve the right to deliver Goods by instalments. Any delivery times notified to you are estimates only. If you request us to postpone delivery of the Goods beyond the delivery date or dates specified in your order, we may agree to do so if you agree to pay an additional fee for such postponement.
6.2 If we do not receive delivery instructions sufficient to enable us to dispatch the Goods within fourteen (14) days of you being notified that the Goods are ready for delivery, you shall from the fifteenth day after notification:
(a) be deemed to have taken delivery of the Goods;
(b) be liable for storage charges, payable monthly on demand;
(c) assume risk in the Goods.
6.3 Containers (which includes but is not limited to stillages, formers and pallets) in or on which Goods are delivered and for which a deposit charge is made, remain our property. Upon the containers’ return in good order the deposit will be returned to you. We reserve the right to deduct moneys from your deposit to compensate us for any damage to the container(s).
6.4 To the extent permitted by law, we will not be liable for any costs, loss or damage whatsoever (including indirect or consequential loss) caused by any delay or failure to deliver the Goods. Where such non-delivery or delay occurs, we may deliver the Goods not delivered or delayed at any subsequent time and you must accept and pay for them.
6.5 Where we give a date of intended delivery, this will be subject to the Goods ordered being available and our being able to make the delivery on that date.
7.1 Any claim by you as to breach of these terms and conditions must be made to us in writing within fourteen (14) days of delivery, for which time is of the essence.
7.2 If you do not notify us of any claim within fourteen (14) days of delivery, the Goods are deemed to be delivered by us and accepted by you in compliance with these Terms and Conditions of Sale.
8.1 All warranties, guarantees and conditions are excluded to the extent permitted by law and our only obligation resulting from a breach by us of any condition, guarantee or warranty is limited at our option to:
(a) the replacement or repair of the Goods or the supply of equivalent Goods; or
(b) the payment of the cost of replacing or repairing the Goods or of acquiring equivalent Goods.
8.2 Clause 8.1 does not affect any rights you may have under the Australian Consumer Law or other law if, and to the extent that, those rights may not be lawfully excluded or modified under this Agreement.
8.3 We make no representation, warranty or undertaking about the compliance of the Goods with any statutory requirements relating to the marketing of Goods. You acknowledge that you alone are responsible for compliance of the Goods with this legislation.
9. LIMITATION OF LIABILITY
9.1 To the extent permitted by law we are not liable to you or any person claiming through you or in connection with you for any injury or death of any person or loss (including loss of profits or consequential loss) or damage to property arising in respect of the Agreement or the use of the Goods.
9.2 You agree to indemnify us against:
(a) any claims made against us by any third party in respect of any loss, damage, death or injury as is set out in clause 9.1; and
(b) all losses and expenses which we may suffer or incur due to your failure to observe fully your obligations under the Agreement incorporating the terms of the application;
10. RETURNED GOODS
Where Goods are returned to us, credit will only be issued under the following conditions:
10.1 RETURN AUTHORISATION:
(a) A Goods Return Credit (“GRC”) authority number must be obtained from the supply point prior to the return of any Goods. We may refuse to give a GRC authority or accept the return of any Goods;
(b) You must provide the invoice number and date of purchase before a GRC will be issued;
(c) The GRC authority number must be clearly marked on the packaging of Goods returned to us. Failure to comply with this requirement could result in our refusing to accept delivery of the returned Goods.
All claims for credit must be supported by:
(a) carriers consignment note or similar receipt of delivery;
(b) our relevant invoice number; and
(c) the GRC number issued by us.
10.3 UNACCEPTABLE RETURNS:
Without in any way limiting our discretion to refuse to accept the return of any Goods, the following Goods will not be returnable:
(a) any Goods that have been held by you for more than fourteen (14) days; or
(b) any Goods which are not in original condition; or
(c) any Goods that are manufactured as made to order (“mto”) items unless faulty. Any manufacturing surcharge is non refundable.
10.4 FAULTY GOODS:
We will only recognise claims for faulty Goods that are lodged within seven (7) days of you receiving the Goods.
Goods must be returned by the carrier specified by us.
10.6 RESTOCKING FEE
You agree to pay us a restocking fee at the rate advised by us from time to time.
11. OWNERSHIP AND RISK
(a) Subject to clause 6.2, the risk of loss or damage to the Goods passes to you on the date and at the time that the Goods are delivered to your premises or at the date and time the Goods are collected from the Company’s warehouse.
(b) Ownership of any Goods supplied by us will not pass to you until all amounts owing by you to us in respect of those Goods and all other Goods supplied by us have been received by us.
(c) Until ownership passes to you, the Goods supplied are held by you for us as bailee and, if required, you will store the Goods so that it is clear they belong to us.
(d) If you wish to resell any Goods before ownership passes, you may do so only by way of bona fide sale in the ordinary course of business and as our agent, but you must not represent to any other person that you are acting for, or have any authority to bind, us.
(e) You will hold the proceeds of sale on trust for us and you must account to us for the proceeds of any sale of the Goods.
12. PERSONAL PROPERTY SECURITIES ACT 2009
(a) You acknowledge that the Agreement constitutes a security agreement for the purposes of section 20 of the Personal Property Securities Act 2009 (“PPSA”) and that a security interest exists in all Goods (and their proceeds) previously supplied by us to you (if any) and in all future Goods (and their proceeds).
(b) You will execute documents and do such further acts as may be required by us to register the security interest granted to us under the Agreement under the PPSA.
(c) Until ownership of the Goods passes, you waive your rights under the following provisions of Chapter 4 of the PPSA:
(i) to receive a notice of intention of removal of an accession (section 95);
(ii) to receive a notice that we decide to enforce our security interest in accordance with land law (section 118);
(iii) to receive a notice of enforcement action against liquid assets (section 121(4));
(iv) our obligation to dispose of or retain collateral (section 125);
(v) to receive a notice of disposal of goods by us purchasing the Goods (section 129);
(vi) to receive a notice to dispose of Goods (section 130);
(vii) to receive a statement of account following disposal of Goods (section 132(2));
(viii) to receive a statement of account if no disposal of Goods for each 6 month period (section 132(4));
(ix) to receive notice of any proposal of ours to retain Goods (section 135(2));
(x) to object to any proposal of ours to either retain or dispose of Goods (section 137(2));
(xi) to redeem the Goods (section 142);
(xii) to reinstate the security agreement (section 143);
(xiii) to receive a notice of any verification statement (section 157(1) and section 157(3);
(d) You further agree that where we have rights in addition to those under Chapter 4 of the PPSA, those rights will continue to apply.
(e) Until ownership of the Goods passes, you must not give to us a written demand or allow any other person to give us a written demand requiring us to register a financing change statement under the PPSA or enter into or allow any other person to enter into the register of personal property securities a financing change statement under the PPSA.
(f) You acknowledge that you have received value as at the date of first delivery of the Goods and have not agreed to postpone the time for attachment of the security interest (as defined in the PPSA) granted to us under these Terms and Conditions.
(g) You irrevocably grant to us the right to enter upon your property or premises, without notice, and without being in any way liable to you or to any third party, if we have cause to exercise any of our rights under sections 123 and/or 128 of the PPSA, and you shall indemnify us from any claims made by any third party as a result of such exercise.
You hereby charge in favour of us:
13.1 any land that you own (or acquire after the date hereof) as security for any and all moneys owing to us and hereby authorise us to register a caveat over the land if you default in making payment of any amount due to us;
13.2 all your personal property including, without limitation, all the stock, motor vehicles, plant equipment and debtors that you own (or acquire after the date hereof) as security for any and all moneys owing to us and hereby authorise us to register, with any competent authority, including the register of personal property securities pursuant to the PPSA, the charge over the property if you default in making payment of any amount due to us.
14. SET OFF
You agree that:
14.1 we may set-off any credit amount that we owe to you against any debit due by you to us;
14.2 you are not entitled to withhold payment of any money in respect of any set-off or claim you might have against us.
15. ACTS OF DEFAULT
15.1 fail to pay for any Goods on the due date; or
15.2 otherwise breach this Agreement and fail to rectify such breach within seven (7) days notice; or
15.3 cancel delivery of the Goods; or
15.4 commit an act of bankruptcy; or
15.5 allow a trustee in bankruptcy or receiver and manager to be appointed to you or any of your property; or
15.6 allow distress to be levied or a judgment, order or security to be enforced, or to become enforceable against your property; or
15.7 are a company and:
(a) proceedings are commenced to wind you up or any of your subsidiaries; or
(b) a controller, receiver, administrator, liquidator or similar officer is appointed to you or in respect of any part of your property, then we and our agents may enter upon your premises (doing all that is necessary to gain access) where Goods supplied under this contract are situated at anytime and retake possession of any or all of the Goods we have supplied to you; and
15.8 we reserve the right to:
(a) resell the Goods concerned; and
(b) terminate the agreement.
16.1 If we conduct a re-sale pursuant to clause 15:
(a) we may do so at our premises or place; and
(b) the re-sale may, at our discretion, be by public or private sale; and
(c) we may recover from you as liquidated damages for our loss of bargain, the difference between the re-sale price and the unpaid price (together with any incidental damages, such as holding expenses and charges but less expenses saved as a result of your breach).
16.2 If applicable Goods cannot be sold within three (3) months of the first attempted sale, those Goods will be deemed to have a re-sale price of nil.
17. GOVERNING LAW
This contract is governed by the laws of Victoria. You and the company irrevocably submit to the exclusive jurisdiction of the Victorian courts and federal courts sitting in Victoria.
18. WHOLE AGREEMENT
These terms and conditions together with Section A of this agreement embody the whole agreement between the parties and, subject to the express terms contained in any written order or written acceptance thereof, all previous dealings, representations and arrangements are hereby excluded and cancelled.
19. CESSATION OF SUPPLY
Our agreement to continue to deliver or sell goods to you is always conditional upon our being satisfied of your ability to pay and comply with these terms and conditions. If we cease to be so satisfied we may suspend and/or terminate deliveries and shall not be liable in any way for any claim, damage, expense or cost suffered by you.
Should any part of these terms and conditions be held to be void or unlawful, these terms and conditions will be read and enforced as if the void or unlawful provisions have been deleted.
21.1 Except as required by law, this Agreement and subject to the PPSA, we and you agree to treat the terms of this Agreement as confidential.
21.2 We and you acknowledge and agree that sub-clauses 21.1, 21.3 and this sub-clause 21.2 constitute a confidentiality agreement pursuant to Section 275(6) of the PPSA.
21.3 Neither we or you will disclose, send or make available any of the information referred to in Section 275(1) of the PPSA to any person except as required by law, this Agreement and subject to the PPSA.
SCHEDULE OF FEES AND CHARGES
A Return To Store (“RTS”) fee calculated at ten percent (10%) of the invoiced value of the Goods returned with a minimum amount to be determined by us from time to time (exclusive of GST), where Goods are returned as a result of order errors made by the customer. Over ordered Goods may not be accepted after fourteen (14) days from date of invoice. Made to order, special order goods and half or cut down sheets will not be accepted for RTS.
RETURNED CHEQUE FEE
Where a cheque issued for payment of Goods or payment of a credit account is dishonoured by a customer’s bank, a returned cheque fee for an amount to be determined by us from time to time (exclusive of GST) will apply.
CREDIT CARD ADMINISTRATION FEE
A credit card administration fee for an amount to be determined by us from time to time (exclusive of GST) will apply where payment of accounts is made by credit card .
A logistics fee may be charged on orders for an amount to be determined by us from time to time – details are available from branch of despatch.
CONDITIONS OF ENTRY – LAMINEX AUSTRALIA’S PROJECT OF THE YEAR PROMOTION (“PROMOTION”)
Promotion Period – Key Dates:
- Entries open: 12:00pm (noon) 1 March 2014
- Final voting period closes 12:00pm (noon) 27 November 2014
- Monthly entry period: 1st day – 20th day (at 11:59pm) of each month
- Monthly voting period: 21st day – 27th day (at 12:00pm) of each month
1. The Promotion is conducted by the Promoter, which is Laminex Group Pty Limited (ABN 98 004 093 092) of 90-94 Tram Road, Doncaster, VIC 3108.
2. The Promotion commences on Saturday 1 March 2014 at 12:00pm (open of entries) and concludes (close of voting period) at 12:00pm on Thursday 27 November 2014 (“Promotional Period”).
3. The Promotion is only open to individuals who, are entering on behalf of their company of employment and:
a) are residents of Australia;
b) are aged 18 years or older;
c) are not employees of the Promoter, or any of its related corporations or any of their agencies associated with the Promotion;
d) are not a spouse, defacto spouse, parent, child or sibling (whether natural or by adoption) of such an employee; and
e) have not been discovered to have breached conditions of entry of previous contests or promotions run by the Promoter.
4. Unless the context dictates otherwise, references to “Prize” in these Conditions of Entry include each of the monthly Prizes and the grand Prize (individually and collectively).
5. All entrants are responsible for ensuring their familiarity with the Conditions of Entry at the time of participation. Entry into this Promotion is deemed to be acceptance of these Conditions of Entry. The Promoter’s decision not to enforce a specific restriction does not constitute a waiver of that restriction or of the Conditions of Entry generally.
6. All entrants acknowledge that the Promoter can rely on these Conditions of Entry even if the Promoter only learns of a person’s ineligibility to enter after the Promoter has announced the winner and is within its rights to withhold the prize and award to the next eligible winner.
7. All prize values stated are in Australian dollars. All references to times and dates are to times and dates in Melbourne, VIC which may be Australian Eastern Standard Time (AEST) or Australian Eastern Daylight Savings Time (AEDST) depending on the date.
8. This is a game of skill and chance plays no part in determining the winners.
9. Entry will be open from 12:00pm (noon) on the 1st day of each month to 11:59pm on the 20th day of each month during the Promotional Period. Eligible entrants can enter the Promotion by following the instructions stipulated in condition 10 (“Entry Period”).
10. To be eligible to enter, entrants must have created and completed a project using any eligible products from the Laminex Australia range, in any conceivable application. Eligible products must have been purchased from a Laminex Australia Sales Representative (“Laminex Representative). Eligible products from the Laminex Australia range include the following brands: Formica, Laminex, essastone and/or Trade Essentials. Applications can range from commercial to residential and to any space within these projects. Entrants can then enter the Promotion by completing the following steps during the relevant monthly Entry Period:
a) visit Laminex Australia’s Facebook Page at www.facebook.com/TheLaminexGroupAU (“Promotional Page”);
b) become a fan of the Promotional Page by clicking the ‘like’ button (if not an existing fan of the Promotional Page);
c) follow the prompts to the Promotion entry page;
d) input the requested personal details, including their first name, last name, valid email address, phone number, the company name, ABN number and Australian state or territory of the company they are entering on behalf of;
e) input the requested Laminex Representative details, including the Laminex Representative’s first name, last name and valid phone number (A Laminex Representative must be an employee of the Promoter and meet the eligibility requirements stipulated in condition 3a, 3b and 3e);
f) input a description of the project in fifty (50) words or less describing why their project is creative and innovative;
g) list the products used in their project (Formica, Laminex, essastone and/or Trade Essentials);
h) upload an original photograph of the project (the photograph must be provided in non-compressed JPEG or TIF format, at least 1MB in size and in colour); and
i) submit the fully completed entry form.
11. During the Promotional Period, the Promoter will display entries on the Promotional Page for public viewing and voting. By entering this Promotion, entrants consent to the Promoter publishing their entry/entries on the Promotional Page.
12. Incomplete or indecipherable entries will be deemed invalid.
13. Multiple entries per company are permitted, subject to the following: (a) only one (1) entry per project per company; (b) each entry must be substantially unique; and (c) each entry must be submitted separately and in accordance with entry requirements. For the removal of doubt, if more than one (1) company is involved in a project, each involved company is eligible to have one (1) entry submitted on their behalf for that particular project.
14. The Promoter reserves the right to disqualify any entrant submitting an entry which, in the opinion of the Promoter, breaches any provision of these Conditions of Entry and/or which does not comply with these Conditions of Entry.
15. The Promoter reserves the right, at any time, to verify the validity of entries, Laminex Representatives and entrants (including an entrant’s/Laminex Representative’s identity, age and place of residence and employment). Proof of identification, residency and entry considered suitable for verification is at the discretion of the Promoter. In the event that an entrant or winner cannot provide suitable proof, the winner will forfeit the Prize in whole and no substitute will be offered. The Promoter also reserves the right to disqualify any entrant from, and prohibit further participation in this Promotion by, any person who tampers with or benefits from any tampering with the entry process or with the operation of this Promotion, who acts in violation of these Conditions of Entry, who acts in a disruptive manner or acts with the intent to annoy, abuse, threaten or harass any other person, or who submits an entry that is not in accordance with the Conditions of Entry.
16. If there is a dispute as to the identity of an entrant/Laminex Representative, the Promoter reserves the right, in its sole discretion, to determine the identity of the entrant/Laminex Representative.
17. Voting will be open from 12:00am on the 21st day of each month to 12:00pm (noon) on the 27th day of each month, during the Promotional Period. Members of the public are able to vote for their favourite entry by following the instructions stipulated in condition 18 (“Voting Period”). There is a limit of one (1) vote per person per Voting Period.
18. Members of the public can vote for their favourite entry by completing the following steps during the relevant monthly Voting Period:
a) visit the Promotional Page;
b) become a fan of the Promotional Page by clicking the ‘like’ button (if not an existing fan of the Promotional Page);
c) follow the prompts to the Promotion voting page; and
d) click on the voting button of chosen entry.
19. Incomplete or indecipherable votes will be deemed invalid.
20. The Promoter reserves the right, at any time: (a) to invalidate any votes which it reasonably suspects have been submitted using false, incorrect, fraudulent or misleading information, including but not limited to personal details and contact information and/or votes that have been submitted through the use of multiple identities, email addresses or accounts, including but not limited to social networking accounts; and/or (b) to disqualify any entrant (or invalidate his/her entry) that the Promoter reasonably suspects has paid, bartered or offered payment or other consideration to another person in exchange for votes or has otherwise encouraged or procured any person to submit votes contrary to these Conditions of Entry.
Monthly Winner Selection and Monthly Prizes
21. There will be one (1) prize for the winning entrant (“Monthly Prize Winner”) and one (1) prize for the Laminex Representative of that winning entrant, if applicable, (“Monthly Sales Representative Prize Winner”) for each month of the Promotional Period. There is a total of nine (9) Monthly Prize Winners and a possible total of nine (9) Monthly Sales Representative Prize Winners for each month during the Promotional Period.
22. At the conclusion of each monthly Voting Period during the Promotional Period, the entrant whose entry receives the highest total number of valid votes for that Voting Period, will, subject to verification by the Promoter, be deemed the Monthly Prize Winner for that Voting Period. The Laminex Representative included in the Monthly Prize Winner’s winning entry will be deemed the Monthly Sales Representative Prize Winner. The Monthly Prize Winner and Monthly Sales Representative Prize Winner will be notified by phone or email and announced on the Promotional Page on the 28th day of each month. Entries (including Monthly Prize Winners) in each Entry Period and Voting Periods will NOT be entered into any subsequent Monthly Entry Periods and Monthly Voting Periods but will be entered into the Grand Prize Winner Selection.
23. In the event of a tie to determine the Monthly Prize Winner, that is when two or more entries have received the same number of votes during a Voting Period, the Promoter will judge the tied entrants based on the creativity of both the project photograph and project description. The best valid entry, as determined by the judges, will be deemed the Monthly Prize Winner.
24. The Monthly Prize Winners will each win a AU$500 eftpos card.
25. The Monthly Sales Representative Prize Winners will each win a AU$250 eftpos card.
26. Any ancillary costs associated with redeeming an eftpos card are not included. Any unused balance of an eftpos card will not be awarded as cash. Redemption of an eftpos card is subject to any terms and conditions of the issuer including those specified on the eftpos card.
Grand Prize Winner Selection and Grand Prize
27. There will be one (1) prize for the winning entrant (“Grand Prize Winner”) and one (1) prize for the Laminex Representative of that winning entrant (“Grand Sales Representative Prize Winner”) for the Promotion.
28. Each entry (including Monthly Prize Winners) will be individually judged based on the following criteria:
a) the creativity of the overall project (design or application which pushes the boundaries);
b) the innovative function or application of the project; and
c) the broad appeal of the project (spaces that inspire).
29. The judging will take place in December 2014. The judges may select additional reserve entries which they determine to be the next best, and record them in order, in case of an invalid entry or ineligible entrant. The best valid entry, as determined by the judges, will be deemed the Grand Prize Winner. The Laminex Representative included in the Grand Prize Winner’s winning entry will be deemed the Grand Sales Representative Prize Winner. The Grand Prize Winner and Grand Sales Representative Prize Winner will be notified by phone or email and announced on the Promotional Page in the week commencing on 15 December 2014.
30. The Grand Prize Winner will win a AU$10,000 ‘business grant’ awarded in the form of electronic funds transfer (“Grand Prize”).
31. The Grand Sales Representative Prize Winner will win a AU$1,000 Flight Centre travel voucher (“Grand Sales Representative Prize”).
32. It is a condition of accepting the Grand Prize and Grand Sales Representative Prize that the Grand Prize Winner and Grand Sales Representative Prize Winner must, if requested to do so by the Promoter:
a) participate in and co-operate as required with all reasonable publicity and media editorial requests relating to the Grand Prize and Grand Sales Representative Prizes, including without limitation, participating in photos, and interviews (including without limitation, at the time at which the Grand Prize and Grand Sales Representative Prize are awarded to the respective Grand Prize Winner and Grand Sales Representative Prize Winner), and the Grand Prize and Winner Grand Sales Representative Prize Winner acknowledge that the Promoter or any appointed third party agency has the right to use such publicity photos, videos and/or films (including the Grand Prize Winner’s and Grand Sales Representative Prize Winner’s name and likeness) in any medium (including, without limitation, the internet) and in any reasonable manner they see fit; and
b) sign and return any release of liability or waiver documentation provided to the Grand Prize Winner and Grand Sales Representative Prize Winner by the Promoter. The failure to return the signed documentation may result in the entitlement to the Grand Prize and/or Grand Sales Representative Prize being forfeited in whole and no substitute will be offered.
33. Any ancillary costs associated with redeeming the Flight Centre travel voucher are not included. Any unused balance of the Flight Centre travel voucher will not be awarded as cash. Redemption of the Flight Centre travel voucher is subject to any terms and conditions of the issuer including those specified on the Flight Centre travel voucher.
34. Laminex Representatives acknowledge that their opportunity to be deemed a winner is dependent on the entrant completing and submitting a valid entry, which contains their name and details. The Promoter is not responsible in any way for: (a) an entry submitted by an entrant which contains an incorrect/invalid Laminex Representative’s name and/or details; or (b) an entrant who submitted an invalid entry, or was deemed ineligible by the Promoter, in its sole discretion.
35. Prizes (excluding Laminex Representative prizes) will be awarded to the owner of the respective winning company.
36. If for any reason any winner does not take a Prize (or an element of a Prize) by the time stipulated by the Promoter, then the Prize (or that element of the Prize) will be forfeited.
37. If any Prize (or part of any Prize) is unavailable, the Promoter, in its discretion, reserves the right to substitute the Prize (or that part of the Prize) with a prize to the equal value and/or specification.
38. The total prize pool is valued at $17,750. Prizes, or any unused portion of a Prize, are not transferable or exchangeable and cannot be taken as cash, unless otherwise specified.
39. When an entrant submits any materials via the Promotion including comments, recordings and images (“Content”), the entrant, unless the Promoter advises otherwise, licenses and grants the Promoter, its affiliates and sub-licensees a non-exclusive, royalty-free, perpetual, worldwide, irrevocable, and sub-licensable right to use, reproduce, modify, adapt, publish and display such Content for any purpose in any media, without compensation, restriction on use, attribution or liability. Entrants agree not to assert any moral rights in relation to such use and warrant that they have the full authority to grant these rights.
Entrants agree that they are fully responsible for the Content they submit. The Promoter shall not be liable in any way for such Content to the full extent permitted by law. The Promoter may remove any Content without notice for any reason whatsoever. Entrants warrant and agree that: (a) they will not submit any Content that is unlawful or fraudulent, or that the Promoter may deem in breach of any intellectual property, privacy, publicity or other rights, defamatory, obscene, derogatory, pornographic, sexually inappropriate, violent, abusive, harassing, threatening, objectionable with respect to race, religion, origin or gender, not suitable for children aged under 15, or otherwise unsuitable for publication; (b) they will obtain prior consent from any person or property that appears in their Content; (c) they will obtain full prior consent from any person who has jointly created or has any rights in the Content, to the uses and terms herein; (d) their Content shall not contain viruses or cause injury or harm to any person or entity; and (e) they will comply with all applicable laws and regulations, including without limitation, those governing copyright, content, defamation, privacy, publicity and the access or use of others' computer or communication systems.
Without limiting any other terms herein, the entrant agrees to indemnify the Promoter for any breach of the above terms.
40. Any cost associated with accessing the promotional website is the entrant’s responsibility and is dependent on the Internet service provider used. The use of any automated entry or voting software or any other mechanical or electronic means that allows an entrant to automatically enter or vote repeatedly is prohibited and will render all entries/votes submitted by that entrant invalid.
41. The Promoter’s decision in relation to all aspects of this Promotion is final and no correspondence will be entered into.
Indemnity and Liability
42. If this Promotion is interfered with in any way or is not capable of being conducted as reasonably anticipated due to any reason beyond the reasonable control of the Promoter, including but not limited to technical difficulties, unauthorised intervention or fraud, the Promoter reserves the right, in its sole discretion, to the fullest extent permitted by law: (a) to disqualify any entrant or voter; or (b) to modify, suspend, terminate or cancel the Promotion, as appropriate.
43. Nothing in these Conditions of Entry limits, excludes or modifies or purports to limit, exclude or modify the statutory consumer guarantees as provided under the Competition and Consumer Act, as well as any other implied warranties under the ASIC Act or similar consumer protection laws in the State and Territories of Australia (“Non-Excludable Guarantees”). Except for any liability that cannot by law be excluded, including the Non-Excludable Guarantees, the Promoter (including its respective officers, employees and agents) excludes all liability (including negligence), for any personal injury; or any loss or damage (including loss of opportunity); whether direct, indirect, special or consequential, arising in any way out of the Promotion.
44. Except for any liability that cannot by law be excluded, including the Non-Excludable Guarantees, the Promoter (including its respective officers, employees and agents) is not responsible for and excludes all liability (including negligence), for any personal injury; or any loss or damage (including loss of opportunity); whether direct, indirect, special or consequential, arising in any way out of:
a) any technical difficulties or equipment malfunction (whether or not under the Promoter’s control);
b) any theft, unauthorised access or third party interference;
c) any entry, vote or Prize claim that is late, lost, altered, damaged or misdirected (whether or not after their receipt by the Promoter) due to any reason beyond the reasonable control of the Promoter;
d) any variation in prize value to that stated in these Conditions of Entry;
e) any tax liability incurred by a winner or entrant; or
f) use of the Prizes.
45. Entry and continued participation in the Promotion is dependent on entrants following and acting in accordance with the Facebook Statement of Rights and Responsibilities, which can be viewed at www.facebook.com/terms.php.
46. This Promotion is in no way sponsored, endorsed or administered by, or associated with, Facebook. Entrants understand that they are providing their information to the Promoter and not to Facebook. The information an entrant provides will only be used for the purposes outlined in these Conditions of Entry. Any questions, comments or complaints about this Promotion must be directed to the Promoter and not to Facebook. Facebook will not be liable for any loss or damage or personal injury which is suffered or sustained by an entrant, as a result of participating in the Promotion (including taking/use of a Prize), except for any liability which cannot be excluded by law.
47. The Promoter collects personal information (“PI”) in order to conduct the Promotion and may, for this purpose, disclose such information to third parties, including, but not limited to, agents, agents, contractors, service providers and Prize suppliers. Entry is conditional on providing this PI.
“INNOVATION FAN DECK” PROMOTION
TERMS AND CONDITIONS
- Instructions on how to claim and the rewards form part of these Terms and Conditions. Participation in this promotion is deemed acceptance of these Terms and Conditions. Offer not valid in conjunction with any other offer.
- Claims are only open to Australian residents aged 18 years or over who receive an email from Design Institute of Australia referencing this promotion (“Promotional Email”).
- Employees (and their immediate families) of the Promoter and agencies associated with this promotion are ineligible to claim. Immediate family means any of the following: spouse, ex-spouse, de-facto spouse, child or step-child (whether natural or by adoption), parent, step-parent, grandparent, step-grandparent, uncle, aunt, niece, nephew, brother, sister, step-brother, step-sister or 1st cousin.
- Promotion commences on 22/04/2014 and ends at 11:59pm AEST on 30/05/2014, or when five hundred (500) valid claims have been received, whichever is first to occur (“Promotional Period”). Offer is strictly limited to the first five hundred (500) valid claims received.
- Incomplete or indecipherable claims will be deemed invalid.
- Only one (1) claim permitted per person. Offer is strictly limited to the first five hundred (500) valid claims received.
- The Promoter reserves the right, at any time, to verify the validity of claims and claimants (including a claimant’s identity, age and place of residence) and to disqualify any claimant who submits a claim that is not in accordance with these Terms and Conditions or who tampers with the claim process. Errors and omissions will be accepted at the Promoter's discretion. Failure by the Promoter to enforce any of its rights at any stage does not constitute a waiver of those rights.
- If there is a dispute as to the identity of a claimant, the Promoter reserves the right, in its sole discretion, to determine the identity of the claimant.
- Successful claimants will be notified by email.
- The Promoter’s decision is final and no correspondence will be entered into.
- The first five hundred (500) valid claims received will each be awarded an Innovations Fan Deck, valued at $80.
- Total reward pool valued at $40,000.
- If for any reason a claimant does not take a reward by the time stipulated by the Promoter, then the reward will be forfeited.
- If any reward is unavailable, the Promoter, in its discretion, reserves the right to substitute the reward with a reward to the equal value and/or specification, subject to any written directions from a regulatory authority.
- Rewards are not transferable or exchangeable and cannot be taken as cash.
- Claimants consent to the Promoter using their name, likeness, image and/or voice in the event they are a successful claimant (including photograph, film and/or recording of the same) in any media for an unlimited period without remuneration for the purpose of promoting this promotion (including any outcome), and promoting any products manufactured, distributed and/or supplied by the Promoter.
- If this promotion is interfered with in any way or is not capable of being conducted as reasonably anticipated due to any reason beyond the reasonable control of the Promoter, including but not limited to technical difficulties, unauthorised intervention or fraud, the Promoter reserves the right, in its sole discretion, to the fullest extent permitted by law (a) to disqualify any claimant; or (b) subject to any written directions from a regulatory authority, to modify, suspend, terminate or cancel the promotion, as appropriate.
- Any cost associated with accessing the promotional website is the claimant’s responsibility and is dependent on the Internet service provider used.
- Nothing in these Terms and Conditions limits, excludes or modifies or purports to limit, exclude or modify the statutory consumer guarantees as provided under the Competition and Consumer Act, as well as any other implied warranties under the ASIC Act or similar consumer protection laws in the State and Territories of Australia (“Non-Excludable Guarantees”). Except for any liability that cannot by law be excluded, including the Non-Excludable Guarantees, the Promoter (including its respective officers, employees and agents) excludes all liability (including negligence), for any personal injury; or any loss or damage (including loss of opportunity); whether direct, indirect, special or consequential, arising in any way out of the promotion.
- Except for any liability that cannot by law be excluded, including the Non-Excludable Guarantees, the Promoter (including its respective officers, employees and agents) is not responsible for and excludes all liability (including negligence), for any personal injury; or any loss or damage (including loss of opportunity); whether direct, indirect, special or consequential, arising in any way out of: (a) any technical difficulties or equipment malfunction (whether or not under the Promoter’s control); (b) any theft, unauthorised access or third party interference; (c) any claim that is late, lost, altered, damaged or misdirected (whether or not after their receipt by the Promoter) due to any reason beyond the reasonable control of the Promoter; (d) any variation in reward value to that stated in these Terms and Conditions; (e) any tax liability incurred by a claimant; or (f) taking and/or use of a reward.
- The Promoter is Laminex Group Pty Limited (ABN 98 004 093 092) of 90-94 Tram Road, Doncaster, Victoria 3108, telephone (03) 9840 4308.
NSW Permit No. LTPS/14/02495, SA Permit No. T14/580.