About the Website
1, Welcome to www.justpromotions.com.au (the ‘Website‘). The Website provides you with an opportunity to browse various products that have been listed through the Website (the ‘Products‘).
The Website is operated by Just Promotions (ABN 75 057 050 703) . Access to and use of the Website, or any of its associated Products or Services, is provided by Just Promotions. Please read these terms and conditions (the ‘Terms‘) carefully. By using, browsing and/or reading the Website, this signifies that you have read, understood and agree to be bound by the Terms. If you do not agree with the Terms, you must cease usage of the Website, or any of Services, immediately.
Just Promotions reserves the right to review and change any of the Terms by updating this page at its sole discretion. When Just Promotions updates the Terms, it will use reasonable endeavours to provide you with notice of updates to the Terms. Any changes to the Terms take immediate effect from the date of their publication. Before you continue, we recommend you keep a copy of the Terms for your records.
2. Acceptance of the Terms
You accept the Terms by remaining on the Website. You may also accept the Terms by clicking to accept or agree to the Terms where this option is made available to you by Just Promotions in the user interface.
Once your artwork has been approved and payment has been received, delivery will take at least 2 weeks, sometimes more depending on number of orders in the warehouse
4. Placing Orders/Payment
All orders must be sent to email@example.com We don’t accept orders in any other form.
All orders require the following:
(a) customer’s name
(c) deliver to address
(d) email address
(e) phone number
(f) Product reference/name
(g) product colour
(i) unit price
(j) PMS colour
For us to commence working on your artwork/printing we require the full payment as stated on our invoice.
IMPORTANT: It is important to note that we can not guarantee the PMS Colours viewed on your computer screen will be the actual colour/s printed on to your product due to variances in screen display settings.
This is unavoidable and not considered a defect/error.
Due to currency and material fluctuations, prices are subject to change without notice. We are not responsible for incorrect pricing, production times or descriptions found on our website, brochures.
6. Product Warranty
Just Promotion’s products come with guarantees that cannot be excluded under the Australian Consumer Law. You are entitled to a replacement or refund for a major failure of the product.
You may make a claim under this clause ( the “Warranty Claim” )
7. Title/Ownership of Shipments
Title passes hands when merchandise is transferred to common carrier ( StarTrack, DHL, TNT, Direct Freight, Border Express ) or any other method of transport. We, Just Promotions are then not liable for damage,loss during transport.
8. Artwork Sign Off/Proof Approval:
We make every attempt possible to layout artwork as instructed, but human error and technical errors are inevitable. It is the customer’s sole responsibilty to review the final artwork and approve it for production. We will not be held responsible for errors in artwork layouts that have been reviewed and approved by the customer.
9. Sample Requests
Sample requests on most products ( valued up to $12.50 plus GST ) are provided free of charge and free of freight. Sample requests are sent out with random logos (unless branded stock is unavailable). We highly encourage requesting a sample before your order is placed to ensure you are happy with the quality and look of the product.. Samples are non-refundable and cannot be returned for credit.
10. Artwork Designing
We offer an artwork designing service to all our clients.
Most logos/images sent to us need to be converted to a vector file and other requirements, text needs to be outlined and matched using the pms system. A minimum cost to you of $50 ( ex gst ) is required to redesign your sent artwork.
11. Overruns and Under Runs
We reserve the right to over ship or under ship up to 5% and invoice accordingly. For exact quantity shipments, add an exact quantity fee of $32 plus gst. We will not be liable for reproducing additional units of stock that fall within this policy. If exact quantity of goods is needed this must be specified clearly on your Order Form.
12. Copyright and Intellectual Property
The Website and all of the related products of Just Promotions are subject to copyright. The material on the Website is protected by copyright under the laws of Australia and through international treaties. Unless otherwise indicated, all rights (including copyright) in the site content and compilation of the website (including text, graphics, logos, button icons, video images, audio clips and software) (the ‘Content‘) are owned or controlled for these purposes, and are reserved by Just Promotions or its contributors.
Just Promotions retains all rights, title and interest in and to the Website and all related content. Nothing you do on or in relation to the Website will transfer to you:
a ) the business name, trading name, domain name, trade mark, industrial design, patent, registered design or copyright of Just Promotions; or
b ) the right to use or exploit a business name, trading name, domain name, trade mark or industrial design; or
c ) a system or process that is the subject of a patent, registered design or copyright (or an adaptation or modification of such a system or process).
You may not, without the prior written permission of Just Promotions and the permission of any other relevant rights owners: broadcast, republish, up-load to a third party, transmit, post, distribute, show or play in public, adapt or change in any way the Content or third party content for any purpose. This prohibition does not extend to materials on the Website, which are freely available for re-use or are in the public domain.
13. General Disclaimer
Just Promotions will make every effort to ensure a Product is accurately described on the Website, however, you acknowledge that description, product sizes, minimum quantities and pricing may differ from what is displayed on the Website.
Nothing in these Terms limits or excludes any guarantees, warranties,representations or conditions implied or imposed by law, including the Australian Consumer Law (or any liability under them) which by law may not be limited or excluded.
Subject to this clause, and to the extent permitted by law:
a ) all terms, guarantees, warranties, representations or conditions which are not expressly stated in these Terms are excluded; and
b ) Just Promotions will not be liable for any special, indirect or consequential loss or damage (unless such loss or damage is reasonably foreseeable resulting from our failure to meet an applicable Consumer Guarantee), loss of profit or opportunity, or damage to goodwill arising out of or in connection with the Purchase Services or these Terms (including as a result of not being able to use the Purchase Services or the late supply of the Purchase Services), whether at common law, under contract, tort (including negligence), in equity, pursuant to statute or otherwise.
Use of the Website and any of the products of Just Promotions (including the Delivery Services), is at your own risk. Everything on the Website and the Products of Just Promotions, are provided to you on an “as available” basis. None of the affiliates, directors, officers, employees, agents, contributors, third party content providers or licensors of Just Promotions (including any third party where the Delivery Services are made available to you) make any express or implied representation or warranty about its Content or any products referred to on the Website. This includes (but is not restricted to) loss or damage you might suffer as a result of any of the following:
a ) failure of performance, error, omission, interruption, deletion, defect, failure to correct defects, delay in operation or transmission, computer virus or other harmful component, loss of data, communication line failure, unlawful third party conduct, or theft, destruction, alteration or unauthorised access to records;
b ) the accuracy, suitability or currency of any information on the Website, the Purchase Service, or any of its Content related products (including third party material and advertisements on the Website);
c ) costs incurred as a result of you using the Website, the Purchase Services or any of the Products;
d ) the Content or operation in respect to links which are provided for the User’s convenience;
e ) any failure to complete a transaction, or any loss arising from e-commerce transacted on the Website; or
f ) any defamatory, threatening, offensive or unlawful conduct of third parties or publication of any materials relating to or constituting such conduct.
14. Limitation of Liability
Just Promotions’s total liability arising out of or in connection with the Purchase Services or these Terms, however arising, including under contract, tort (including negligence), in equity, under statute or otherwise, will not exceed the most recent Purchase Price paid by you under these Terms or where you have not paid the Purchase Price, then the total liability of Just Promotions is the resupply of information or Purchase Services to you.
You expressly understand and agree that Just Promotions, its affiliates,employees, agents, contributors, third party content providers and licensors shall not be liable to you for any direct, indirect, incidental, special consequential or exemplary damages which may be incurred by you, however caused and under any theory of liability. This shall include, but is not limited to, any loss of profit (whether incurred directly or indirectly), any loss of goodwill or business reputation and any other intangible loss.
Just Promotions is not responsible or liable in any manner for any site content(including the Content and Third Party Content) posted on the Website or in connection with the Purchase Services, whether posted or caused by users of the website of Just Promotions, by third parties or by any of the Purchase Services offered by Just Promotions.
You acknowledge that Just Promotions does not provide the Delivery Services to you and you agree that Just Promotions will not be liable to you for any special, indirect or consequential loss or damage, loss of profit or opportunity, or damage to goodwill arising out of or in connection with the Delivery Services.
You agree to indemnify Just Promotions, its affiliates, employees, agents,contributors, third party content providers and licensors from and against:
a ) all actions, suits, claims, demands, liabilities, costs, expenses, loss and damage (including legal fees on a full indemnity basis) incurred, suffered or arising out of or in connection with any Content you post through the Website; any direct or indirect consequences of you accessing, using or transacting on the Website or attempts to do so and any breach by you or your agents of these Terms; and/or
b ) any breach of the Terms.