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Terms & Conditions

Acceptance of Terms

Welcome to the PODiSTA website (“Website”). PODiSTA provides services to you subject to the following Terms of Use, which may be amended by us from time to time with no notice to you. When using any PODiSTA service you are also subject to any rules or guidelines that may be posted, or emailed from time to time. All such rules or guidelines are hereby incorporated by reference into the Terms of Use.

Your continued use of the Website constitutes an affirmative, acknowledgment and agreement by you that you accept and agree to abide and be bound by these Terms of Use and any amendments.

These Terms of Use will be governed by and construed in accordance with the laws of South Australia, Australia. You irrevocably and unconditionally submit to the non-exclusive jurisdiction of the courts of South Australia. If any provision of this agreement is found to be invalid or unenforceable by a court of law, that clause will be severed from these Terms of Use and such invalidity or unenforceability will not affect the remainder of the Terms of Use which will continue in full force and effect.

For the purpose of these Terms of Use, “Content” means material such as text, software, images, audio and video, including links to that material.

Accuracy of Information

All material on the Website is provided in good faith. It is derived from sources believed to be accurate and current as at the date of publication. Your use of the Website is at your sole risk. Access to the Website is provided on an 'as available' basis. Neither PODiSTA, its related bodies corporate nor its or their directors or employees make any representation or warranty that (i) any material on the Website will be reliable, accurate or complete (nor do they accept any responsibility arising in any way for errors in, or omissions from that material); or (ii) your access to the Website will be uninterrupted, timely or secure. PODiSTA will not be liable for loss resulting from any action or decision by you in reliance on the information on the Website, nor any interruption, delay in operation or transmission, virus, communications failure, Internet access difficulties, or malfunction in equipment or software.

Product Descriptions

PODiSTA and its related bodies corporate attempt to be as accurate as possible in the description of products. However, PODiSTA does not warrant that product descriptions are accurate, complete, reliable, current, or error-free.

Limitation of Liability

The Trade Practices Act and similar state and territory legislation in Australia may confer rights and remedies on you in relation to the provision by PODiSTA of goods or services on the web site which cannot be excluded, restricted or modified ("Non-excludable Rights"). PODiSTA does not exclude any Non-excludable Rights but does exclude all other conditions and warranties implied by custom, law or statute.

Except as provided for by the Non-excludable Rights: (a) all Content is provided "as is" and “as available” without warranties or guarantees of any kind, either express or implied, (b) PODiSTA and its suppliers expressly disclaim all warranties of any kind, including but not limited to implied warranties of merchantability and fitness for a particular purpose, (c) PODiSTA does not warrant that the functions contained in any Content or any Communications Facility or your access to the Website will be uninterrupted or error-free, that any defects will be corrected or that the Website or the server which stores and transmits Content to you are free of viruses or any other harmful components, (d) PODiSTA does not warrant or make any representation regarding your access to, or the results of your access to, the Website (including any related or linked web sites) or any Content in terms of correctness, accuracy, timeliness, completeness, reliability or otherwise, and (e) you (and not PODiSTA) assume the entire cost of any necessary verification, maintenance, repair and/or correction of any relevant Content.

To the maximum extent permitted by law, under no circumstances (including but not limited to any act or omission on the part of PODiSTA) will PODiSTA or its related bodies corporate be liable for any indirect, incidental, special and/or consequential damages or loss of profits, revenue or goodwill whatsoever which result from any use or access of, or any inability to use or access, the Web Site or any Content. You expressly acknowledge and agree that PODiSTA does not exert control over users of the Website (including individuals referred to on the Website as guests and experts) and is not liable either for their opinions or their behaviour, including any information and/or advice and any defamatory statements or offensive conduct.

To the maximum extent permitted by law, PODiSTA’s liability for breach of any implied warranty or condition which cannot be excluded is limited, at the option of PODiSTA, to the following:

•    In the case of services supplied or offered by PODiSTA, (a) the supply of the services again, or (b) the payment of the cost of having services supplied again; and
•    In the case of goods supplied or offered by PODiSTA, (a) the replacement of the goods or the supply of equivalent goods, (b) the repair of such goods, (c) the payment of the cost of replacing the goods or acquiring equivalent goods, or (d) the payment of the cost of having the goods repaired.

Indemnity

You agree to indemnify and hold harmless PODiSTA and its related bodies corporate (and the officers, agents, partners and employees of each of these) against any and all loss, liability, claim or demand arising out of or in connection with your use and access to the Website.

Copyright

The material provided on the Website is copyright protected. You may only use this material for your own private and non-commercial purposes. Except for the temporary copy held in the computer's cache and a single permanent copy for your personal reference, the material may not otherwise be used, copied, reproduced, published, stored in a retrieval system, altered or transmitted in any form or by any means in whole or part (except where such use constitutes fair dealing under the Copyright Act) without the prior written approval of PODiSTA or the appropriate supplier or licensor of PODiSTA.

You may not use any part of the Content on the Website to establish, maintain or provide, or assist in establishing, maintaining or providing your own publications, Internet site or other means of distribution.

All software used on this web site is the property of PODiSTA or its software suppliers and is protected by Australian and international copyright laws.

Trademarks

The PODiSTA logo and the logos of the PODiSTA products are registered trademarks of PODiSTA or its related bodies corporate. Other trademarks may be displayed on the Website from time to time. These may belong to third parties. Nothing displayed on the Website should be construed as granting any licence or right of use of any logo or trademark displayed on a web site, without the express written permission of the relevant owner.

Your Account, Membership and/or Registration

In consideration of your use of the Website, you agree to:

•    Provide true, accurate, current and complete information about yourself as prompted by the web site’s registration form (such information being the "Registration Data"); and
•    Maintain and promptly update the Registration Data to keep it true, accurate, current and complete.

In particular to register, you must provide your real name and email address. If you provide any information that is untrue, inaccurate, not current or incomplete, or PODiSTA has reasonable grounds to suspect that such information is untrue, inaccurate, not current or incomplete, PODiSTA has the right to suspend or terminate your account and refuse any and all current or future use of the Website (or any portion thereof).

If you use this Website, you are responsible for maintaining the confidentiality of your Registration Data and for restricting access to your computer, and you agree to accept responsibility for all activities that occur under your account or password.

Electronic Communications and Your Conduct

When you visit the Website or send an email to us, you are communicating with us electronically. You also consent to receive communications from us electronically. We will communicate with you by email or by posting notices on this Website. You agree that all agreements, notices, disclosures and other communications that we provide to you electronically satisfy any legal requirement that such communications be in writing.

The Website may contain electronic bulletin boards, chat rooms and other communication facilities which provide for feedback by users to PODiSTA, real-time interaction between users (including individuals referred to as guests and experts) and other electronic messaging and notice services ("Communication Facilities").

It is a condition of your use of any Communication Facility and your access to the Website that you do not do any of the following:

•    Restrict or inhibit any other user from using or enjoying any Communication Facility;
•    Post or transmit any unlawful, threatening, abusive, defamatory, obscene, vulgar, pornographic, profane or indecent information or material of any kind, including without limitation any transmissions constituting or encouraging conduct that would constitute a criminal offence, give rise to civil liability or otherwise violate any applicable law;
•    Post or transmit any material of any kind which violates or infringes upon the rights of any other person, including material which is an invasion of any privacy or publicity rights or which is protected by copyright, trademark or any other proprietary right or derivative works with respect thereto, without first obtaining permission from the owner or relevant right holder;
•    Post or transmit any material of any kind which contains a virus or other harmful component;
•    Post, transmit or in any way exploit any material of any kind for commercial purposes or which contains any promotional material or advertising;
•    Delete any author attributions, legal notices or proprietary designations or labels in any file that is uploaded; or
•    Download any file posted by any other user of a Communication Facility if you know, or reasonably ought to know, that the file cannot legally be distributed in such manner.
•    PODiSTA may from time to time monitor or review the contents of its Communication Facilities. While PODiSTA reserves its right to edit, refuse to post or to remove any information and/or materials (in whole or in part) that in PODiSTA’s sole discretion is in any way objectionable or in violation of any applicable law or the Terms of Use, PODiSTA has no obligation whatsoever to monitor any Communication Facility or to edit, delete or refuse to post such contents, nor is PODiSTA responsible for any contents in any Communication Facilities (including any information, comments and/or advice of any individual referred to as guest or expert whose statements on the web site are solely their own). You expressly acknowledge and agree that the Communication Facilities provide a means of public and not private communications.

PODiSTA reserves the right to cooperate fully with any law enforcement authority in any jurisdiction in respect of any lawful direction or request to disclose the identity or other information in respect of anyone posting any materials which violate any applicable or relevant law.

Contributions

PODiSTA may permit you to make share, publish, post, store or upload information including data, text, video, still images, audio or other material on the Website (“Contributions”). You retain sole responsibility for and accept all liability for all Contributions you make to the Website and PODiSTA disclaims any and all liability in connection with Contributions. PODiSTA assumes no responsibility for monitoring any Contributions, and does not endorse the information Contributions. PODiSTA is under no obligation to treat your Contribution as confidential.

PODiSTA may at any time, without liability to you, remove, alter or disable access to any or all of your Contributions in its sole discretion without prior notice to you.

User Licence To PODiSTA

By placing any Contributions, information or other material on the Website (including posting messages, uploading files, inputting data or engaging in any other form of communication), you grant to PODiSTA and its related bodies corporate a perpetual, royalty-free, non-exclusive, irrevocable, unrestricted, worldwide licence to do the following in respect of the Contributions, information or material:

•    Use, copy, sublicense, redistribute, adapt, transmit, publish and/or broadcast, publicly perform or display, and
•    Sublicense to any third parties the unrestricted right to exercise any of the foregoing rights granted.
•    The foregoing grant includes the right to exploit all proprietary rights in any such information or other material, including but not limited to rights under copyright, trademark, service mark or patent laws under any jurisdiction worldwide. You expressly waive in favour of PODiSTA and any other party authorised by PODiSTA all moral rights and any similar rights in any jurisdiction that you may have or hereafter acquire in respect of any relevant communication or other material. At the request and expense of PODiSTA, you will execute and deliver to PODiSTA such instruments and take such other actions as may be required to carry out this grant of licence and waiver.

Online Security

At PODiSTA we take your online security very seriously. As such, we have prepared the following guidelines and information to help you enjoy trouble free browsing when visiting our web site or interacting with us.

PODiSTA will never ask you to provide personal information like your bank details, credit card details, your address, driving licence or passport numbers via email.

If you’re making an online purchase from PODiSTA and are required to provide us with your bank or credit card details, this will be carried out within a secure browser window. Check that a locked padlock symbol appears at the foot or top of the browser in which you are entering your details. The URL should also change, to start with 'https://...' instead of 'http://...'

Please REPORT any suspicious activity to us immediately.

eWAY

Our online paymet gateway is conducted using eWAY Australia. 

PCI DSS compliance
eWAY is externally audited by BAE Systems Detica every year, who have verified us as tier-one PCI DSS compliant. We adhere to the highest security standards set by Visa and MasterCard. We secure and protect your customer and credit card data with military-grade software and servers. Our site is audited daily by McAfee to eliminate vulnerabilities. Data is encrypted with Thales devices to offer the highest level of protection available. 

Security for Merchants
Merchants still have the ability to process refunds and recharges through eWAYs payment gateway, without the need to re-obtain the payment details from your customer. This ensures your business runs smoothly and securely

The best SSL certificates
Your SSL certificate encrypts your customer’s credit card information so it can be safely transmitted to our payment gateway. As a platinum partner of VeriSign, eWAY can offer a broad range of certificates from the world’s most trusted SSL provider at a fraction of their retail price.

Partnerships you can trust
Our payment gateway environment is hosted with Macquarie Telecom, one of the few hosting providers to also be PCI DSS compliant, further enhancing our levels of security.

Risk Of Loss

All items purchased from PODiSTA are made pursuant to a shipment contract. This means that the risk of loss and title for such items pass to you upon our delivery to the carrier.

GST

Unless stated to be otherwise, charges referred to for use of any services or purchase of any product provided by PODiSTA are GST inclusive. PODiSTA will issue a Tax Invoice for all purchases. GST means the Australian goods and services tax charged under A New Tax System (Goods and Services Tax) Act 1999 (the "Act"). Tax invoice means tax invoice as defined by the Act.

Third party links and advertising

Hyperlinks and pointers to web sites operated by third parties will appear on PODiSTA from time to time. These web sites do not form part of the Website and are not under the control of PODiSTA or its related bodies corporate and neither PODiSTA nor its related companies have any responsibility for the contents of any such hyperlink or linked web site. If you link to any such web sites you leave the Website and do so entirely at your own risk.

The Website displays third party advertisements, which may or may not contain hyperlinks or referral buttons to web sites operated by third parties. The display of such advertising does not in any way imply a recommendation or endorsement by PODiSTA or its related bodies corporate of the relevant advertiser, its products or services or any such linked web site.

If you contact a third party using functionality provided on the Website, including via email, PODiSTA accepts no responsibility for any actions taken by that third party in response to your communication or for any transactions entered into between you and the relevant third party.

Errors And Omissions

PODiSTA endeavours to maintain the accuracy of product images, product descriptions, stock availability and prices, we do however reserve the right to cancel an order and/or reverse a payment if an order has been placed based on erroneous information

Delivery

In rural and regional areas of Australia, delivery times for Express Parcel Services are in respect of delivery to the Post Office of the principal township in that area. Delivery to final destinations may take longer. If in doubt please check with your local Post Office.

Repairs and Warranties

If a product is faulty please contact us immediately so as to authorize a repair or replacement. If an item arrives and is faulty on arrival please contact us within 14 days so we can arrange a replacement or repair.


1. Changes to the PODiSTA Subscribe and Save

1.1  Subject to clause 3.2, PODiSTA reserves the right to make any amendments (whether material or otherwise) to the Subscribe and Save, these Terms and Conditions and any Benefits offered, including amendments to:

(a)  Benefits, including the continued availability of Benefits;
(b)  Membership Level requirements; and

1.2  PODiSTA will use all reasonable efforts to advise Members of material amendments to these Terms and Conditions and where such changes will affect the Benefits provided by PODiSTA to Members, PODiSTA will endeavour give Members at least 4 weeks’ notice.

1.3  Without limiting this clause 3 in any way, Members will be taken to have received the notice referred to in clause 3.2 if PODiSTA notifies Members of the amendments by:

(a)  providing notice at the email address or postal address provided to PODiSTA by the Member.

2.   Termination or suspension of the Subscribe and Save

2.1  PODiSTA gives no warranty as to the continuing availability of Subscribe and Save and may terminate or suspend the Subscribe and Save at any time.  PODiSTA will give at least 30 days’ notice to Members of such termination or suspension, in the manner set out in clause 3.3, unless PODiSTA ceases to operate a retail business in which case the Subscribe and Save will cease immediately.

3.  Membership 

3.1  Membership of the Tea Society is only open to individuals. 

3.2  Persons wishing to become Subscribers must sign up for Subscription by completing the Subscription plan via the Website.  

3.3  PODiSTA has the right to terminate the Membership of any Member in accordance with clause 8.

3.5  Members may cancel their Subscription at any time by logging on to the website and adjusting their account settings. 

3.6  An applicant who completes a Membership application form via the Website will receive a personalised email, which will provide an overview of their plan and selected products and will direct the applicant to the Website for a copy of these Terms & Conditions.

3.7  All successful Subscribers will be assigned an Account Login and a Password.  The Password, Account Login, Subscriber’s first and surname and the Subscriber’s email address will be used for security of the Subscriber’s Membership information.  It is the Subscriber’s responsibility to ensure that their Password and other security information are kept secure.

3.8  Subscriber’s must advise PODiSTA of any change of name, address or other details, as soon as practicable after such change occurs, by either logging into their account via the Website and making the changes directly or by contacting PODiSTA Marketing department on +61 8 8347 3446 or by email at hello@podista.com.au.  Subscribers will need to provide their Account Login and Password when making any such changes.  PODiSTA is not responsible for loss caused by any failure by a Subscriber to notify PODiSTA of any changes in accordance with this clause or for any incorrect information notified to PODiSTA. 

4.  Subscriber Obligations

4.1  Subscribers must not:

(a)  act in any way which breaches these Terms and Conditions;
(b)  abuse or misuse the benefits, facilities, services or arrangements provided to the Subscriber as a result of Subscription including by:

(i)  Engaging in illegal or fraudulent activities;
(ii)  Supplying or attempting to supply false or misleading information;
(iii)  Selling, assigning, transferring or acquiring, or offering to sell, transfer or acquire products for on sale; or
(iv)  Acting in a hostile, abusive or aggressive manner toward PODiSTA staff or fellow customers of PODiSTA.

4.2   Subscribers are responsible for regularly checking their Subscriber account via the Website and must notify PODiSTA of any omissions, incorrect entries or other discrepancies within 60 days of the omission, incorrect entry or other discrepancy having occurred to enable PODiSTA to make any corrections (if required) to the Subscriber account.

5.  Termination or suspension of Subscription

5.1  If a Subscriber has committed a material breach of any of these Terms and Conditions, whether intentionally or otherwise, PODiSTA may take any one or more of the following actions:

(a)  suspend or terminate the Subscriber’s account;
(b)  cancel or refuse to honour any benefits that have been redeemed by or provided to the Subscriber.

5.2  If PODiSTA intends to take any of the actions specified in clause 8.1, PODiSTA will provide written notification to the Subscriber of its intentions and reasons for doing so.  The Subscriber will have 21 days to respond to this notice by rectifying the breach (if possible) and by providing PODiSTA with reasons why PODiSTA should not take such action.  PODiSTA will review the Subscriber’s response and advise the Subscriber of its decision and may suspend the Subscriber’s account until the review is complete.

5.3  Subscription will terminate automatically upon the death of a Subscriber.  PODiSTA will not be liable for any loss or damage whatsoever suffered by any person as a result of such cancellation.

6.  Personal Information

6.1  It is a condition of Subscription that a Subscriber consents and authorises PODiSTA to collect, use and disclose the information that PODiSTA collects in relation to the Subscriber for the purposes of:

(a)  PODiSTA providing goods and services to Subscribers
(b)  PODiSTA improving customer service, including by means of research, marketing, product development and planning;
(c)  PODiSTA marketing its goods and services or the goods and services of selected third parties;
(d)  any third party providing services to PODiSTA in connection with the administration of the Subscribe and Save.

6.2  If a Subscriber requests, and to the extent permitted or required by law, PODiSTA will provide that Subscriber with access to and the ability to correct their personal information held by PODiSTA by writing to PODiSTA’s address, noted above in these terms and conditions.  Only the Subscriber named on the Subscription will be entitled to access Subscription information unless PODiSTA is obligated to comply with validly served and executed court orders and subpoenas or is obligated to comply with the investigations of State, Federal or International agencies.  Under such circumstances or where otherwise required by law, a Subscriber’s Subscription information may be shared with or without the Subscriber’s knowledge or consent. 

6.3  This clause 13 survives the termination of these Terms and Conditions and the termination or suspension of the Subscribe and Save.

6.4  Further information regarding PODiSTA privacy practices are available by viewing or downloading PODiSTA privacy policy on the Website.

7.  Liability

7.1  PODiSTA acknowledges that certain laws imply terms, conditions and warranties into contracts for the supply of goods or services which can not be excluded. 

7.2   Subject to clause 14.1, PODiSTA and any of its officers, employees or agents are not liable for any loss or claim of any kind (including, without limitation, consequential or economic loss or loss of profits) arising under or in connection with these Terms and Conditions or the Subscribe and Save, including, without limitation, any changes to these Terms and Conditions or Subscribe and Save, save to the extent that such loss or claim arises from the negligence or wilful misconduct of PODiSTA or any of its officers, employees or agents.

8.  General Provisions

8.1  These Terms and Conditions and Subscription are governed by and will be construed in accordance with the applicable law in the State of South Australia, Australia, irrespective of where the application for Subscription was completed by the Subscriber or submitted to PODiSTA.  In any action or other legal process with respect to any matter or thing in connection with these Terms and Conditions or Membership, the Member irrevocably submits to the authority of the Courts having jurisdiction in the State of South Australia, Australia.

8.2  Nothing in these Terms and Conditions affects any rights a Subscriber may have and which by law cannot be excluded including the Competition and Consumer Act 2010 (Cth).

8.3  If part of all of any clause of these Terms and Conditions is illegal, invalid or unenforceable then it will be read down to the extent necessary to ensure that it is not illegal, invalid or unenforceable, but if that is not possible, it will be severed from these Terms and Conditions and the remaining clauses in these Terms and Conditions will continue to have full force and effect.

NZ Games Room Company Limited is a licensee of PODiSTA and is an NZ owned and operated business.

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