TERMS AND CONDITIONS
In these terms and conditions, “we” “us” and “our” refers to Leaflet 2 Letterbox. Your access to, and use of, all information on this website including purchase of our products and services is provided subject to the following terms and conditions. The information is intended for residents of Australia only. We reserve the right to amend this Notice at any time and your use of the website following any amendments will represent your agreement to be bound by these terms and conditions as amended. We therefore recommend that each time you access our website you read these terms and conditions. All services supplied by Leaflet 2 Letterbox are supplied on the basis of its terms and conditions of supply which may be found below. Without limiting these terms and conditions of supply, we draw to your attention the following key conditions upon which Leaflet 2 Letterbox services are provided:
These Conditions of Contract set out below apply to all orders accepted by Leaflet 2 Letterbox (ABN: 82 155 589 432) to all Leaflet 2 Letterbox quotes accepted by a customer or potential customers and to all contracts for the purchase of services from Leaflet 2 Letterbox. Without limiting the specific provisions set out below, we draw to your attention the following key conditions upon which Leaflet 2 Letterbox services are provided:
- · Your materials will be collated with the materials of other customers and be distributed in the course of Leaflet 2 Letterboxes normal scheduled distributions.
· Leaflet 2 Letterbox does not guarantee that every household within the agreed distribution areas will receive materials at all, or all materials in a delivery bundle. Matters such as lack of unimpeded access, safety issues, inclement weather, “no advertising material” directions, full letterboxes, and incorrectly labelled quantities are just some of the factors that affect the household delivery rate.
· In the case of the provision of print services it is your responsibility to check the proofs provided by Leaflet 2 Letterbox to you before printing.
· Leaflet 2 Letterbox requires payment of its charges before providing any services.
· Leaflet 2 Letterbox does not guarantee the outcome of any marketing campaign of which the distribution of your materials forms part.
· Leaflet 2 Letterbox will not be liable or responsible for any loss or damage to your materials. As with any delivery or common carrier, risk of loss or damage remains with you and you must insure your materials.
· You are responsible for, and must indemnify Leaflet 2 Letterbox in respect of, any claim, loss or damage, arising out of or relating to, the content of your materials which you give Leaflet 2 Letterbox to distribute. The content of your materials must comply with all applicable laws. For example, product safety laws, election notice laws, laws prohibiting misleading advertising etc.
Our Website Services
1. Our services are provided to adults over the age of eighteen (18) years. By proceeding to purchase through our website, you acknowledge that you are over 18 years of age.
2. All prices are in Australian Dollars (AUD) and are inclusive of GST. We endeavour to ensure that our price list is current. Our price list can be accessed from our home page and we reserve the right to amend our prices at any time. If
you have placed an order, we undertake to fulfil your order at the price listed at the time you ordered.
3. We strive to ensure that our products are described as accurately as possible on our website, however we do not warrant that the description is accurate. Where we become aware of any misdescription, we reserve the right to correct any error or omission.
4. Images have been provided for illustrative purposes only and we do not guarantee that any image will reproduce in true colour nor that any given image will reflect or portray the full design or options relating to that product.
5. Our products are for sale to adults over the age of eighteen (18) years. By proceeding to purchase through our website, you acknowledge that you are over 18 years of age.
6. We supply and despatch our products to customers within Australia only.
7. We endeavour to ensure that our product list is current however we give no undertaking as to the availability of any product advertised on our website.
8. All prices are in Australian Dollars (AUD) and are exclusive of GST. Our price list can be accessed from our home page and we reserve the right to amend our prices at any time.
9. Freight is an additional charge, calculated at time of purchase.
10. When you order from us, we require you to provide your name, address, email address, telephone contact and credit card details (for credit card payments). We undertake to take due care with this information. However, in providing us with such information you accept that we are not liable for its misuse due to error in transmission or virus or malware.
11. We undertake to accept or reject your order within Two (2) business days.
12. Once you have submitted an order, you may not cancel that order even if our acceptance or rejection of your offer is still pending.
13. Delivery of your ordered product or service will be as set out on our website. Title in the goods passes to you when we have received payment. Our terms of payment are set out on the order page.
14. All risk of loss or damage to the goods passes to you when we despatch the goods.
15. Where an order is cancelled more than seven (7) days prior to the proposed provision of Services a cancellation fee of 10% of the agreed or quoted price shall be payable by the Customer. This cancellation fee is not a penalty but is a
genuine pre-estimate of damages incurred by Flyers in the Shire.
16. Where an order is cancelled less than seven (7) days prior to the proposed provision of Services a cancellation fee of 25% of the agreed or quoted price shall be payable by the Customer. This cancellation fee is not a penalty but is a
genuine pre-estimate of damages incurred by Flyers in the Shire.
Order Cancellation Due To Error
17. Where a product has been listed at the incorrect price or with incorrect descriptive information or image due to typographical error or similar oversight, we reserve the right to cancel a transaction. Where your credit card has been charged, we will immediately refund your credit card for the total amount debited.
18. We undertake to reimburse you for any product delivered to you that is faulty or is in a damaged condition. If you wish to return a faulty or damaged product, you must notify us through our designated “contact us” webpage where we set out our requirements relating to return of such goods.
19. If we are unable at the time of return to replace or exchange returned goods, we undertake to reimburse your credit card for the amount initially debited for the purchase including freight charges.
20. In creating printed materials for the Customer, Leaflet 2 Letterbox will submit to the Customer for approval, prior to publishing, distributing or issuing those printed materials in accordance with the Customer’s order or instructions, a draft of those printed materials (“Proof”).The Customer must promptly review, check and verify the design and content of the Proof. The Customer releases Leaflet 2 Letterbox from and against all liabilities, loss, damage, demands, claims, costs and expenses caused by any inaccuracy or other defect in the printed materials which were present in the Proof reviewed by the Customer. The Customer indemnifies Leaflet 2 Letterbox and its employees, agents and contractors against all liabilities, loss, damages, demands, claims, costs and expenses incurred by them as a result of the publication, distribution or issuing of the printed materials including any reliance placed by any person on their contents.
21. When you visit our website, we give you a limited licence to access and use our information for personal use.
22. You are permitted to download a copy of the information on this website to your computer for your personal use only provided that you do not delete or change any copyright symbol, trade mark or other proprietary notice. Your use of our content in any other way infringes our intellectual property rights.
23. Except as permitted under the Copyright Act 1968 (Cth), you are not permitted to copy, reproduce, republish, distribute or display any of the information on this website without our prior written permission.
24. The licence to access and use the information on our website does not include the right to use any data mining robots or other extraction tools. The licence also does not permit you to metatag or mirror our website without our prior written permission. We reserve the right to serve you with notice if we become aware of your metatag or mirroring of our website.
25. This website may from time to time contain hyperlinks to other websites. Such links are provided for convenience only and we take no responsibility for the content and maintenance of or privacy compliance by any linked website. Any
hyperlink on our website to another website does not imply our endorsement, support, or sponsorship of the operator of that website nor of the information and/or products which they provide.
26. You may link our website with our consent. Any such linking will be entirely your responsibility and at your expense. By linking, you must not alter any of our website’s contents including any intellectual property notices and you must not
frame or reformat any of our pages, files, images, text or other materials.
Intellectual Property Rights
27. The copyright to all content on this website including applets, graphics, images, layouts and text belongs to us or we have a licence to use those materials.
28. All trademarks, brands and logos generally identified either with the symbols TM or ® which are used on this website are either owned by us or we have a licence to use them. Your access to our website does not license you to use those marks in any commercial way without our prior written permission.
29. Whilst we have taken all due care in providing the information on our website, we do not provide any warranty, either express or implied, including without limitation warranties of title or implied warranties of merchantability or fitness for a particular purpose.
30. To the extent permitted by law, any condition or warranty which would otherwise be implied into these terms and conditions is excluded.
31. We also take all due care in ensuring that our website is free of any virus, worm, Trojan horse and/or malware. However, we are not responsible for any damage to your computer system which arises in connection with your use of our website or any linked website.
Statutory Guarantees and Warranties to Consumers
32. Schedule 2 of the Competition and Consumer Act 2010 (“C&C Act”) defines a consumer. Under the C&C Act we are a supplier of either goods or services or both to you, and as a consumer the C&C Act gives you statutory guarantees.
Attached to the Standard Terms and Conditions are:-
(i) Schedule 2 of the C&C Act; and
(ii) those statutory guarantees, all of which are given by us to you if you are a consumer.
33. If you are a consumer within the meaning of Schedule 2 of the C&C Act of our goods or services then we give you a warranty that at the time of supply of those goods or services to you, if they are defective then:
(i) We will repair or replace the goods or any part of them that is defective; or
(ii) Provide again or rectify any services or part of them that are defective; or
(iii) Wholly or partly recompense you if they are defective.
34. As a consumer under the C&C Act you may be entitled to receive from us notices under Schedule 2 section 103 of the C&C Act. In that regard:
(i) If you are a consumer within the meaning of Schedule 2 of the C&C Act and the goods or services we are providing relate to the repair of consumer goods then we will give you any notice which we are obliged to give you under Schedule 2 section 103 of the C&C Act.
(ii) If we are a repairer of goods capable of retaining user-generated data then we hereby give you notice that the repair of those goods may result in the loss of the data.
(iii) If we are a repairer and our practice is to supply refurbished goods as an alternative to repairing your defective goods or to use refurbished parts in the repair, then we give you notice that the goods presented by you to us
for repair may be replaced by refurbished goods of the same type rather than being repaired. We also give you notice that we may use in the repair of your goods, refurbished parts.
Limitation of Liability
35. If you are not a consumer within the meaning of Schedule 2 of the C&C Act then this clause applies to you. If you are a consumer within the meaning of the C&C Act then this clause has no effect whatsoever to in any way limit our liability or your rights. If you are not a consumer:
(i) To the full extent permitted by law, our liability for breach of an implied warranty or condition is limited to the supply of the services again or payment of the costs of having those services supplied again.
(ii) We accept no liability for any loss whatsoever including consequential loss suffered by you arising from services we have supplied.
(iii) We do not accept liability for anything contained in the post of a user or in any form of communication which originates with a user and not with Us.
(iv) We do not participate in any way in the transactions between our users.
36. By accessing our website, you agree to indemnify and hold us harmless from all claims, actions, damages, costs and expenses including legal fees arising from or in connection with your use of our website.
37. If a Force Majeure event causing delay continues for more than Thirty (30) days, we may terminate this Agreement by giving at least Seven (7) days’ Notice to you. “Force Majeure” means any act, circumstance or omission over which we could not reasonably have exercised control.
38. These terms and conditions are to be governed by and construed in accordance with the laws of New South Wales and any claim made by either party against the other which in any way arises out of these terms and conditions will be heard in New South Wales and you agree to submit to the jurisdiction of those Courts.
39. If any provision in these terms and conditions is invalid under any law the provision will be limited, narrowed, construed or altered as necessary to render it valid but only to the extent necessary to achieve such validity. If necessary the invalid provision will be deleted from these terms and conditions and the remaining provisions will remain in full force and effect.
40. We undertake to take all due care with any information which you may provide to us when accessing our website. However we do not warrant and cannot ensure the security of any information which you may provide to us. Information you transmit to us is entirely at your own risk although we undertake to take reasonable steps to preserve such information in a secure manner.
Leaflet 2 Letterbox is committed to providing you with the best possible customer service experience. Leaflet 2 Letterbox is bound by the Privacy Act 1988 (Crh), which sets out a number of principles concerning the privacy of individuals.
Collection of your personal information
There are many aspects of the site which can be viewed without providing personal information, however, for access to future Leaflet 2 Letterbox customer support features you are required to submit personally identifiable information. This may include but not limited to a unique username and password, or provide sensitive information in the recovery of your lost password.
Sharing of your personal information
We may occasionally hire other companies to provide services on our behalf, including but not limited to handling customer support enquiries, processing transactions or customer freight shipping. Those companies will be permitted to obtain only the personal information they need to deliver the service. Leaflet 2 Letterbox takes reasonable steps to ensure that these organisations are bound by confidentiality and privacy obligations in relation to the protection of your personal information.
Use of your personal information
For each visitor to reach the site, we expressively collect the following non-personally identifiable information, including but not limited to browser type, version and language, operating system, pages viewed while browsing the Site, page access times and referring website address. This collected information is used solely internally for the purpose of gauging visitor traffic, trends and delivering personalized content to you while you are at this Site.
From time to time, we may use customer information for new, unanticipated uses not previously disclosed in our privacy notice. If our information practices change at some time in the future we will use for these new purposes only, data collected from the time of the policy change forward will adhere to our updated practices.
Accessing Your Personal Information
You have a right to access your personal information, subject to exceptions allowed by law. If you would like to do so, please let us know. You may be required to put your request in writing for security reasons. Leaflet 2 Letterbox reserves the right to charge a fee for searching for, and providing access to, your information on a per request basis.
Call: 02 8021 9682
Leaflet 2 Letterbox
Suite 5 / 646 Pittwater Road
Brookvale NSW 2100
PO Box 5116