1. Definitions
In these terms:
‘Acceptance Email’ means an email we send you confirming your Order.
‘Australian Consumer Law’ means the Australian Consumer Law contained in Schedule 2 of the Competition and Consumer Act 2010 (Cth).
‘Australian Consumer Law Guarantees’ means consumer guarantees set out in the Australian Consumer Law.
‘Contract’ means a binding contract between us and you for the supply and/or installation of the Goods in accordance with these terms, the Order, any quote we send you which you have accepted and the Acceptance Email.
‘Goods’ means the blinds, curtains or shutters (or similar goods) supplied by us, which are the subject of your Order.
‘Order’ means an order made by you in accordance with these terms for the supply and/or installation of Goods which has been accepted by us via the Acceptance Email or otherwise in accordance with these terms.
‘Order Form’ means our online ordering process, in particular the final page where you can check your Order before clicking ‘Confirm Order’.
‘Price’ means the price of the Goods in Australian Dollars ($AUD) and any delivery fees, installation fees or other fees or charges stated in the Order or any quote we send you which you have accepted.
‘Sales Literature’ means all brochures, drawings, descriptive matter, specifications and websites used by us to advertise and promote the Goods.
‘you’ means the person or entity ordering the Goods from us.
‘DIYblinds’ or ‘we’ or ‘us’ means DIYblinds.com.au Pty Ltd (ABN 96 168 941 599).
2. Ordering
To make an order for the supply of Goods, you must either complete the Order Form, accept via email a quote that we have sent you or confirm the order with us via another method, such as our website, email or telephone. We will provide you with an acknowledgment of your order by email. This email does not necessarily constitute an Acceptance Email, as this may come in a later email – so read its terms carefully. The Order is accepted by us when we send you the Acceptance Email or when we accept any payment from you for the Goods (whichever is the earlier).
3. Contract
These terms supersede any earlier terms and conditions wherever published or applying between DIY Blinds and you in respect of the Goods. Once the Order is accepted by us in accordance with these terms, the Contract is formed.
4. Price and payments
The Price is inclusive of all taxes applicable unless otherwise specified in writing.
We will charge you a delivery fee in respect of all deliveries to locations within Australia other than orders for sample swatches. The delivery fee will be that shown on the “order confirmation” section of the DIY Blinds website at the time you place your order or otherwise notified in the Order, quote or Confirmation Email.
We generally charge a flat rate of $60 per Order to ship Australia wide (shutters excluded). Shutters are charged at a per square meter rate (VIC - $22, NSW/ACT - $22, QLD - $27.50, SA/TAS - $38.50, WA - $49.50), unless otherwise stated in the quote or Order.
If you have asked us to install the Goods, then we will charge a check measure and installation fee (“Installation Fee”). If we charge you the Installation Fee, we will waive the delivery fee.
Unless otherwise agreed, payment of the full Price is due at the time you place your Order and we will debit the Price from your credit or debit card when you supply us with your details during the Order process.
Any omission or error on our website, online pricing systems, quotation, order acknowledgement, Confirmation Email, Sales Literature, invoice or other documents issued by us will be corrected by us within a reasonable time, and we are not liable for any loss resulting from such error or omission, subject to the Australian Consumer Law.
5. Cancellation by you
As all of our products are custom made to your specifications, you are unable to cancel your order once it has been accepted by us. However, we want to do all that we can to ensure that you have a positive experience when purchasing from us. If you change your mind before your Goods have been dispatched, please contact us as soon as possible, as we may still be able to halt the production process. If this is the case, we may be able to refund to you what you have paid, less whatever costs have already been incurred in the processing and manufacturing of your Order, but this cannot be guaranteed.
6. Cancellation by us
We reserve the right to cancel the Contract or decline your order if:
- we have insufficient stock of the fabric or product required to manufacture or supply the Goods;
- any of the Goods were listed at an incorrect price due to a typographical error or an error in the pricing information provided by us;
- if you are not ordering from within Australia.
If we cancel your Order, we will notify you as soon as possible and will, at your election, either credit or refund to you any monies you have already paid us relating to your Order within 30 days of your Order.
Although we appreciate that you may be disappointed in such circumstances, we will not be able to offer you any other compensation for the disappointment you may suffer.
7. Stock shortages
If the Goods or the fabric you Order are unavailable, we will notify you as soon as possible and suggest a suitable replacement. Alternatively, we will, at your election, either credit or refund to you any monies you have already paid us relating to your Order within 30 days of your Order.
8. Product description and measurement
Our fabrics and materials are produced in batches and whilst all care is taken to maintain consistency from batch to batch, at times there can be small discrepancies. We make every effort to ensure that Goods match in every respect any sample or description we may have shown, given or sent to you, but minor or immaterial variation or change in colour or pattern between sample or description and the Goods may occur. If this happens, you are entitled to a remedy under the Australian Consumer Law, depending on whether the defect is major or minor. Please contact us to discuss your options.
9. Delivering your Goods
As all Orders placed with DIY Blinds are for custom manufactured products, any times quoted for delivery are estimates only and are subject to change. DIY Blinds will not be responsible or liable for any reasonable delays. However, we aim to complete your product and have it ready to ship to you within 10 working days (shutters and curtains excluded).
Depending on your location we use a panel of couriers to deliver from our factory to you. Once the courier has collected your order we will email you with the corresponding tracking number (where available) so you can track the progress of your delivery.
All Orders will have authority to leave unless we give instructions to the courier company otherwise. Therefore, if you know you won't be home and would like to make alternative arrangements please specify this in the special instructions section on the order page (ie. please instruct the driver to leave on the front porch). Please note that no responsibility will be taken for Orders left at your address and by requesting this option you are accepting full receipt of the order once it’s dropped off by the courier.
If the location is unattended at the time of delivery, DIY Blinds will not be responsible for any damage to or loss of the Goods howsoever arising.
The risk in the Goods will pass to you once they have been delivered to you. Delivery means when the Goods are delivered to the delivery location you have provided us. Title and ownership of the Goods will pass to you once you have paid the Price in full.
If you return the Goods, then ownership of, and risk in the Goods returned will pass to us on receipt of the Goods by us.
If more than one item is ordered, we may deliver the Goods in instalments and by different carriers.
10. Defective Goods
We ask that, within a period of 7 days following the delivery of Goods, you examine the Goods and notify us of any damage, defects or parts missing to the Order (eg. blinds, slats, brackets or any other portion of the Order). This will be evident once the packaging is open. We are not liable for marks, holes, scratches or defects on the fabric or product due to your misuse of the Goods or general wear and tear, including where the Goods have been subjected to your misuse, negligence, improper installation or improper cleaning.
If your Goods are defective on delivery, you are entitled to a remedy under the Australian Consumer Law, depending on whether the defect is major or minor. Please contact us to discuss your options.
The remedy may include providing you with a replacement, repairing the Goods within a reasonable time, providing you with a credit or refund or other compensation as required under the Australian Consumer Law.
If we provide a refund or replacement, we have the right to collect the Goods (at our cost) and you must give us reasonable access to your premises to collect those Goods.
11. Measurement
It is very important that the measurements you provide us are accurate. We cannot accept the return of Goods if the measurements you have provided to us are incorrect as we are unlikely to be able to resell them. If you would like guidance on how to take the required measurements accurately please contact us directly and we will be happy to help.
12. Warranty
In addition to any statutory rights or remedies you may have, we warrant that all Goods sold to you will be free from defects in material and workmanship for a period of 5 years (10 years for PolyChoice Shutters & 20 years for PolyLux Shutters) from the delivery of Goods to you (warranty period). This warranty includes all materials, mechanisms (cord locks and tilt gears) and components (brackets, wands, caps, etc.), which make up the blind.
If a defect arises within the warranty period, you can return them to us provided you have first contacted us giving details of the defects and we have agreed that the Goods should be returned to us.
Provided that the Goods have:
- not been modified;
- not been subjected to misuse, negligence, improper installation and improper cleaning; or
- not failed as a result of normal wear and tear -
and if the Goods are defective - in compliance with the Australian Consumer Law, we will promptly arrange, depending on the extent of the defect:
- to repair the Goods and return the repaired Goods to you, free of charge; or
- to deliver replacement Goods of similar quality and specification, free of charge; or
- to refund of the Price of the defective Goods by crediting your debit or credit card or sending you a cheque within 30 days of receipt of the defective Goods.
To activate the warranty you must contact us at the details below to arrange the return of the Goods along with the original sales invoice and receipt. DIY Blinds will cover the cost of transport for the first 12 months of the warranty period only. After the first 12 months of the warranty period, you are responsible for returning the defective Goods. As our office is not equipped to receive large packages, we will instruct you on where the Goods are to be sent.
This warranty is not transferable.
Our goods come with guarantees that 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.
This warranty is provided by:
DIYBlinds.com.au Pty Ltd
49-53 Islington St, Collingwood, VIC, 3066
1300 918 390
13. Best Price Guarantee
In the unlikely event you find our products offered for sale cheaper, we’ll better the competitor’s price by 10% subject to the following:
- The competitor has to be an established blinds retailer and their website needs to be an e-commerce website.
- We do not offer ‘Best Price Guarantee’ against products sold on eBay or similar sites.
- The competitor’s website needs to be properly hosted with a registered domain name.
- The competitor’s website has to be Australian based.
- The competitor’s advertised price has to be verified by DIY Blinds staff.
- The competitors price has to be clearly advertised on their website (we will not normally attempt to beat any promotional price or any price offered to you as a special one off deal).
- We will only attempt to beat the price of like for like products produced by the same manufacturer.
- We reserve the right to refuse an attempt to beat the price of a competitor.
- We will not guarantee our ‘Best Price Guarantee’ in cases where products are offered on end of lines, one off special offers, clearance stock, seconds or below cost value.
14. Representation
No statement, description, or recommendation contained in any catalogue, price list, advertisement, communication, the pages of this website or by any employee or agent of DIY Blinds shall be interpreted so as to enlarge, vary or override in any way any of these terms and conditions.
15. Events beyond our control
We have no liability to you whether for damages or otherwise, for any failure to deliver or install Goods you have ordered or for any delay in doing so or for any change of the specified delivery date or for any damage or defect to Goods delivered that is caused by an event or circumstances beyond our reasonable control including, without limitation:
- riot, war, invasion, act of foreign enemies, hostilities (whether war be declared or not), acts of terrorism, civil war, rebellion, revolution, insurrection of military or usurped power, requisition or compulsory acquisition by any governmental or competent authority;
- earthquakes, flood, fire or other physical natural disaster, but excluding weather conditions regardless of severity;
- global health emergency, pandemic or epidemic, which involves the forced closure, restrictions and/or suspension of programs and services of the party affected; and
- strikes or industrial disputes at a national level, or strikes or industrial disputes by labour not employed by the affected party, its subcontractors or its suppliers, and which affect an essential portion of the Order.
16. Privacy
You acknowledge and agree to be bound by the terms of our Privacy Policy.
17. Gift Cards and Vouchers
All vouchers and gift cards expire 3 years from issue date.
Vouchers and gift cards are non transferrable to other persons or accounts and cannot be returned or exchanged wholly or partly for cash.
If a voucher or gift card is used in conjunction with other offers (ie sale or promotions) please get in touch with the team at [email protected] to facilitate this.
DIY Blinds reserves the right to cancel vouchers and gift cards in its sole discretion and after investigation, on occasion where fraud or misuse is suspected.
18. Promotional Offer Terms and Conditions
SAMPLE10: Offer is available exclusively to customers who have placed an order for product samples. This offer is valid for online purchases only and provides a discount on the customer’s first purchase. It is limited to one redemption per transaction. The promotion is available for a limited time and applies only to select products, excluding accessories. The discount cannot be applied to additional installation services. This offer cannot be used in conjunction with any other discount, promotion, or offer.
ORDERNOW10: Offer is available to customers who have previously added items to their cart but have not completed their purchase. This offer is valid for online purchases only and can only be redeemed once per customer in a single transaction. The promotion is available for a limited time and applies only to select products, excluding accessories. The discount cannot be applied to additional installation services and cannot be used in conjunction with any other offer.
WELCOME5: Offer is available to new customers who sign up for marketing emails or create a customer account. This offer is valid for online purchases only and is limited to one use per customer in a single transaction. The promotion is available for a limited time and applies to select products, excluding accessories. The discount cannot be redeemed against additional installation services and cannot be used in conjunction with any other offer.
All offers are subject to availability and may be amended, extended, or withdrawn at any time at the discretion of the promoter. Discounts apply only to the advertised eligible products and cannot be transferred, exchanged, or redeemed for cash. Misuse of promotional codes or failure to comply with the terms and conditions may result in the cancellation of the discount. Nothing in these terms excludes, restricts, or modifies any rights or remedies a consumer may have under the Australian Consumer Law.
19. Limitation of Liability
You acknowledge and agree that:
- the manner of use of the Goods supplied to you is beyond the control of DIY Blinds;
- other than the Australian Consumer Law Guarantees or any other consumer rights in the Australian Consumer Law, any advice, recommendation, information or services provided by DIY Blinds, its employees, contractors or agents regarding the Goods sold and their use will not be construed as contractual guarantees, conditions or warranties and is provided to you at your own risk;
- to the extent permitted by law, in no circumstances will DIY Blinds’ liability extend to indirect or consequential loss or damage; and
- DIY Blinds’ liability is capped at the total Price payable by you under the Contract.
20. Notice
Any notice or other notification required to be given under the Contract must be in writing and will be deemed duly served three business days after it is mailed (either by prepaid post, registered mail or security post), or one business day after transmission by email by either party to the other party’s email address stated in the Contract.
21. GST
If DIY Blinds makes any taxable supply to you under the Order, you will pay to DIY Blinds, on provision of a valid tax invoice, an amount equal to the GST which is payable in respect of that taxable supply.
22. Personal Property Securities Act
You acknowledge and agree that:
- this Contract gives rise to a security interest and constitutes a security agreement for the purposes of the Personal Property Securities Act 2010 (Cth); and
- the security interest is taken in all Goods previously supplied by DIY Blinds to you (if any) and all Goods that will be supplied in the future by DIY Blinds to your during the continuance of the parties' relationship.
You undertake to:
- sign any further documents and/or provide any further information, such information to be complete, accurate and up-to date in all respects, which DIY Blinds may reasonably require to register a financing statement on the Personal Properties Securities Register;
- reimburse DIY Blinds for all expenses incurred in registering a financing statement or financing change statement on the Personal Property Securities Register;
- give DIY Blinds not less than 14 days' prior written notice of any proposed change in your name and/or any other change in your details.
The Customer waives any rights to receive notice of any verification statement issued under the Personal Property Securities Act.
23. Miscellaneous
Any leniency, indulgence or extension of time which may be granted by DIY Blinds to you will not prejudice any of DIY Blinds’ rights in any way, nor will they constitute a waiver of any of DIYblinds’ rights.
No variation of or addition to the Contract will be binding unless the variation is in writing and is authorised by a representative of DIY Blinds and you.
DIY Blinds reserves all of its rights in respect of DIY Blinds intellectual property.
If any provision of the Contract is for any reason declared or become unenforceable, invalid or illegal for any reason, the other terms and provisions will remain in full force and effect as if these terms and conditions never included the unenforceable, invalid or illegal terms.
DIY Blinds’ failure to exercise, or delay in exercising, any right, power or privilege will not operate as a waiver of any such right, power or privilege.
This Contract will be governed by the law in the State of Victoria and you agree to submit to the non-exclusive jurisdiction of the courts of that State.
24. Terms, Conditions and Schedule for DIY Blinds Summer Giveaway
Promotion name:
DIY Blinds Summer Giveaway
Eligible States/Territories:
VIC, NSW, QLD, SA, WA, NT
Promotion period:
Start: 10 Jan 2024 12:00 PM AEST End: 24 Jan 2024 10:00 PM AEDT
No entries will be accepted outside this time.
Website address:
https://diyblinds.com
Promoter:
DIY Blinds PTY LTD, ABN: 96 168 941 599, 49-52 Islington Street, Collingwood VIC 3066
Eligible entrants:
Entry to the Promotion is open to residents of Australia in VIC, NSW, QLD, SA, WA and NT only who fulfil the method of entry requirements and are 18 years of age or older. Residents of ACT are not eligible to enter this promotion.
Details of prizes:
$1000 voucher to spend at DIY Blinds. Winners will be connected with an Online Design Consultant who will apply the voucher. This voucher is non-transferable and cannot be exchanged for cash.
Total number of prizes: 5
Total prize value: Total prize pool (inc GST): $5000.00
Method of entry:
To enter, an entrant must, during the promotional period: Sign up to the DIY Blinds email list via Instagram, Facebook or the DIY Blinds website providing a valid name, email address and consent to marketing.
For additional entries the entrant can share the competition link with friends via the provided referral link and complete other tasks to earn entries.
Maximum number of entries: 1 valid email entry per person and up to 1000 valid referral and additional entries. The entrant can only win one prize in this promotion.
Prize draw:
The prize draw will begin 11:00 AM AEST on 30 Jan 2024.
Location of draw:
DIY Blinds PTY LTD, 49-52 Islington Street, Collingwood VIC 3066.
Notification of winner:
Winners will be notified via Email no later than 31 Jan 2024.
Public announcement of winners:
The winners of all prizes will be published here: https://www.instagram.com/diyblinds on 31 Jan 2024.
Unclaimed prize draw:
Unclaimed prize draw date: 10:00 AM AEST on 06 Feb 2024
Location of unclaimed prize draw:
DIY Blinds PTY LTD, 49-52 Islington Street, Collingwood VIC 3066
Notification of unclaimed prize winners:
Unclaimed prize winners will be notified via Email no later than 06 Feb 2024.
Public announcement of winners from unclaimed prize draw:
The winners of all unclaimed prizes will be published here: https://www.instagram.com/diyblinds by 06 Feb 2024.
Terms & Conditions of entry
1. Information on how to enter and prize details form part of these terms & conditions (Terms of entry). The Terms must be read in conjunction with the Schedule. The Schedule defines the terminology used in these Terms of entry. Where there is any inconsistency
between these Terms and the Schedule, the Schedule prevails. Participation in this Promotion is deemed acceptance of these Terms of entry.
2. Entry is open only to legal residents of the Eligible States/Territories who satisfy the Method of entry. Directors, officers, management, employees, suppliers (including prize suppliers) and contractors (and the immediate families of directors, officers, management, employees, suppliers and contractors) of the Promoter and of its related bodies corporate, and of the agencies and companies associated with this Promotion are ineligible to enter. Immediate family means any of the following: spouse, ex-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 first cousin.
3. The Promotion will be conducted during the Promotion period.
4. The Prize/s are specified in the Details of prizes section of the Schedule.
5. The total prize pool is specified in the Total prize value section of the Schedule.
6. Any prize is valued in Australian dollars unless expressly stated to the contrary.
7. All vouchers are valid until the expiry date stated on the voucher or by the provider of the voucher.
8. Entrants agree to comply with any conditions which accompany the Voucher.
9. Neither the Promoter nor the voucher provider is liable for any voucher that has been stolen, forged, lost, damaged or tampered with in any way.
10. Entrants are advised that tax implications may arise from their prize winnings and they should seek independent financial advice prior to acceptance of their prize(s). The Promoter accepts no responsibility for any tax implications that may arise from accepting a prize. Entrants are responsible for any and all expenses that they incur in entering the competition and they will not be reimbursed regardless of whether or not they win the competition.
11. The entrants must follow the Method of entry during the Promotion period to enter the Promotion. Failure to do so will result in an
invalid entry. The Promoter will not advise an Entrant if their entry is deemed invalid.
12. The time of entry will be deemed to be the time the entry is received by the Promoter.
13. Entrants may submit up to the Maximum number of entries (if applicable).
14. The Promoter accepts no responsibility for any late, lost, delayed, incomplete, incorrectly submitted, corrupted, illegible or misdirected entries, claims or correspondence whether due to omission, error, alteration, tampering, deletion, theft, destruction, disruption to any communication network or medium, or otherwise including those entries not received by the Promoter for any reason. The Promoter is not liable for any consequences of user error including (without limitation) costs incurred. No correspondence will be entered into.
15. The prize(s) will be awarded to the valid entrant(s) drawn randomly in accordance with the Prize draw details. The Promoter may draw additional reserve entries (and record them in order). In the event of an invalid entry or an ineligible entrant, or if the entrant is
ineligible to accept the prize, the prize will be awarded to the first reserve entry drawn. If the prize can’t be awarded to the entrant drawn, the promoter will then continue this process until the prize is awarded.
16. The winner does not need to be present at the draw unless expressly stated to the contrary.
17. The winner(s) will be notified in accordance with the Notification of winners and Notification of unclaimed prize winners (if applicable)
sections of the Schedule. Notification to winners will be deemed to have occurred on the later of the time the winner receives actual notification from the Promoter or two business days thereafter. The notification will include details about how the prize(s) can be claimed.
18. The Promoter takes no responsibility where it is unable to contact prize winners who have not provided correct or complete contact
details. If an entrant’s contact details change during the promotional period, it is the entrant's responsibility to notify the Promoter. A
request to modify any entry information should be directed to Promoter.
19. It is a condition of accepting any prize that the winner must comply with all the conditions of use of the prize and the prize supplier’s requirements. Each prize must be taken as stated and no compensation will be payable if a winner is unable to use the prize as stated.
20. The winner(s) name and state/territory of residence will be published in accordance with the Public announcement of winners section of the Schedule (if applicable).
21. If the prize(s) has not been claimed by the Unclaimed prize draw time and date and subject to any written directions from a State lottery agency, the Promoter may conduct an Unclaimed prize draw in accordance with the Unclaimed prize draw section of the
Schedule (if applicable). In the event the Unclaimed prize draw takes place, the Promoter will attempt to contact the winner(s ) of the Unclaimed prize draw in accordance with the Notification of unclaimed prize draw section of the Schedule, and if applicable, the
name and State/Territory of residency of any winner(s) of the Unclaimed prize draw will be published in accordance with the section of the Schedule entitled Public announcement of winners from unclaimed prize draw. If a prize is no longer available the promoter may substitute with a prize of higher or equal value subject to any written directions from a regulatory authority. The promoter is not allowed to deduct any administrative costs associated with provision of the prize.
22. To the greatest extent permitted by law, the Promoter excludes all warranties, representations or guarantees (Warranties) regarding the Promotion and any prizes, including any Warranties which may have been made in the course of advertising or promoting the Promotion. The conduct of the Promotion or the supply of prizes may involve third parties, and the Promoter makes no Warranties and disclaims all liability in connection with any such third parties, their acts or omissions. By entering the Promotion, an entrant releases and indemnifies the Promoter and its related bodies corporate (including the officers, employees and agents of each) from and against
all actions, penalties, liabilities, claims or demands the entrant may have against the Promoter or that the Promoter may incur for any loss or damage which is or may be suffered or sustained as a direct or indirect result of an entrant entering or participating in the Promotion or winning or failing to win a prize, or using or permitting any other person to use the prize, except for any liability which cannot be excluded by law or which would cause any part of this clause to be void or unenforceable.
23. If despite the foregoing clause, the Promoter incurs a liability to an entrant under any law which implies a Warranty into these Terms of entry which cannot legally be excluded, the Promoter’s liability in respect of the Promotion is limited, in the Promoter’s discretion, to either resupplying such goods or services as form part of the Promotion, or paying the cost of resupplying those goods or services.
24. Without limiting any of the foregoing, in no circumstances will an entrant or the Promoter have any liability to the other for any loss or damage suffered which is indirect or consequential in nature, including without limitation any loss of profit, loss of reputation, loss of goodwill, or loss of business opportunity.
25. The Promoter and its associated agencies and companies will not be liable for any delay, damage, or loss in transit of prizes.
26. The Promoter may in its absolute discretion not accept a particular entry, may disqualify an entry, or cancel the entire Promotion at any time without giving reasons and without liability to any entrants, subject to any written directions from a regulatory authority. Without limiting this the Promoter reserves the right to verify the validity of entries, prize claims and entrants and to disqualify any entrant who submits an entry or prize claim that is misleading or not in accordance with these Terms of entry or who manipulates or tampers with the entry process. In the event that a winner breaches these Terms of entry, the winner will forfeit the prize in whole and no substitute will be
offered. Verification is at the discretion of the Promoter, whose decision is final. Failure by the Promoter to enforce any of its rights at any stage does not constitute a waiver of those rights.
27. Prizes, or any unused portion of a prize, are not transferable or exchangeable and cannot be taken as cash, subject to any written directions from a regulatory authority. Where a prize is unavailable for any reason, the Promoter may substitute the prize for another item of equal or higher value subject to any written directions from a regulatory authority. The Promoter accepts no responsibility for any variation in prize value (including between advertising of the Promotion and receipt of the prize).
28. In the case of the intervention of any outside act, agent or event which prevents or significantly hinders the Promoter’s ability (or that of a third party involved with the Promotion) to proceed with the Promotion on the dates and in the manner described in these Terms of entry, including but not limited to vandalism, natural disasters, acts of God, civil unrest, strike, war, act of terrorism, the Promoter’s obligations in respect of the Promotion will be suspended for the duration of the event and, in addition, the Promoter may in its absolute discretion cancel the promotion and recommence it from the start on the same conditions, subject to approval of the relevant authorities.
29. All entries become the property of the Promoter. As a condition of entering into this Promotion, entrants agree to assign all their rights in and to their entry and any related content to the Promoter, including any copyright or other intellectual property rights in the entry and related content. Without limiting this, the Promoter may use entry content for any and all purposes including commercial purposes. You warrant that entry content is original, lawful and not misleading and that the Promoter’s use of such content will not
infringe the rights of any third parties. The Promoter has no obligation to credit you as the author of any content submitted and may otherwise do any acts or omissions which would otherwise constitute an infringement of any moral rights you may have as an
author of content.
30. Entrants consent to the Promoter using the personal information provided in connection with this promotion for the purposes of facilitating the conduct of the promotion and awarding any prizes, including to third parties involved in the promotion and any relevant authorities. In addition to any use that may be outlined in the Promoter’s Privacy Policy, the Promoter including third parties may, for an indefinite period, unless otherwise advised, use the private information for promotional, marketing, publicity, research and profiling purposes, including sending electronic messages or telephoning the entrant.
31. The collection and disclosure of personal information provided in connection with this promotion will be handled in accordance with the Promoter's Privacy statement which adheres to the Privacy Act 1988 (cth) and Australian Privacy Principles,
32. The Promotion and these Terms of entry will be governed by the law of the State or Territory in which the Promoter ordinarily resides. Entrants accept the non-exclusive jurisdiction of courts and tribunals of that State or Territory in connection with disputes
concerning the Promotion.
33. Facebook, YouTube, Instagram, TikTok or Snapchat may be used to advertise or promote the Promotion. By entering the Promotion, entrants agree that the Promotion is in no way sponsored, endorsed or administered by, or associated with Facebook, YouTube, Instagram, TikTok or Snapchat; and to release Facebook, YouTube, Instagram, TikTok or Snapchat from all liability in relation to this Promotion. Any questions, comments or complaints regarding the Promotion should be directed to the Promoter and not Facebook, YouTube, Instagram, TikTok or Snapchat.