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1) GENERAL

1.1    Easy Pest Supplies is a company that provides a range of pest control products available for purchase via the online store.

1.2     Access to and use of the site, which includes ordering products via the online store, is governed by the terms and conditions listed here.

2) COMPLIANCE

2.1     You agree to be bound by, and comply with, these terms and conditions. In addition to these trading terms, there are terms and conditions that apply to the use of the site. You agree to comply with the terms of use. You can view the Site Terms of Use here.

2.2     You agree to comply with all relevant laws relating to your use of the site and your placement of any order through the site.

3) PLACING AN ORDER FOR PRODUCTS

3.1     You may order product by selecting and submitting your order through the site in accordance with these terms and conditions.

3.2     Any order placed through this site for a product is an offer by you to purchase the particular product for the price notified (including the delivery and other charges and taxes) at the time you place the order.

3.3     We may ask you to provide additional details or require you to confirm your details to enable us to process any orders placed through the site.

3.4     You agree to provide us with current, complete and accurate details when asked to do so by the site.

4) ACCEPTANCE OR REJECTION OF AN ORDER

4.1     In certain circumstances, we may need to reject your order. This may happen where the requested product is not available or if there is an error in the price or the product description posted on the site.

4.2     Each order placed for products through the site which we accept results in a separate binding agreement between you and us for the supply of those products. For each order accepted by us, we will:

(a) supply the products in that order to you in accordance with these terms and conditions; and
(b) provide you with an email confirmation of that order.

4.3     If we reject an order placed through the site, then we will endeavour to notify you of that rejection at the time you place the order or within a reasonable time after you submit your order.

5) BACK ORDERS

5.1     If we determine that we do not have a particular product in your order in stock, then we will use reasonable endeavours for 30 days to order the relevant product. In this instance, we will notify you of the relevant Back Ordered products and the anticipated delivery date.

6) DELIVERY OF PRODUCTS

6.1     We will only deliver products ordered through the site to a location where we provide delivery services. Some products such as chemicals, poisons, aerosols and liquids can not be sent to PO Boxes (no exceptions).  If you place an order including these items with a PO Box listed for delivery, we will email you to supply an alternate address. 
If no address is available, we will have to cancel the order and refund any payments made. 

6.2     You may obtain further information on the site about our delivery timeframes and how we deliver certain products. The Delivery Fee for your order depends on the type of product you order (in particular, the size and weight of the product) and also delivery address / postcode.

6.3     You agree to comply with certain delivery requirements specified below and such other requirements that we notify you when you place your order through the site.

6.4     We also recommend that you be present to accept the delivery of your order if you have paid by credit card.

6.5    If there is no one or no appropriate person at the delivery address to receive the order or, if you are required to be present at the time of delivery and you are not present at that time, then Australia Post / Courier may not deliver the product you have ordered. In this instance, we will endeavour to contact you or you may contact us to arrange for delivery at a different time, and we may charge you an additional delivery fee for that replacement delivery.

6.6     You acknowledge and agree that any person at the delivery address who receives the product is authorised by you to receive your order.

6.7    Payment is required in full before your order can be delivered to you.

6.8    Easy Pest Supplies offers delivery by courier of our choice.  We reserve the right to change the shipping carrier, depending on stock availability, delivery location and total weight of order to Australia Post OR courier of our choice.

6.9    If the order exceeds 20kg, we will use a courier service of our choice.

6.10    For orders, delivery usually takes 3-4 business days, however we cannot guarantee this time frame.

9) RISK AND TITLE

9.1     Risk and title to the product passes to you on the date and time of delivery to the delivery address.

10) CANCELING AN ORDER

10.1     We may cancel any part of an order (including any orders that we have accepted) without any liability to you for that cancellation at any time if:

(a) the products in that order are not available; or
(b) there is an error in the price or the product description posted on the site for the products in that order; or
(c) that we reasonably believe your order has been placed in breach of these terms and conditions. 
If we do so, then we will endeavour to provide you with reasonable notice of that cancellation, and will not charge you for the cancelled order.

10.2     You may cancel an order (whether it is accepted by us or not) by contacting Easy Pest Supplies during Contact Hours at any time prior to the dispatch of that order. Once the order has been dispatched for delivery to you, then you may only return the relevant product in accordance with these terms and conditions.

10.3  If an order has been cancelled by yourself after it has been despatched, and a refund is given, we will not refund the postage charges incurred by this cancellation.  Refund will only be given for the price of the product and only after it has been received back to us in an un-used condition. Postage charges are NON REFUNDABLE.

11) FEES AND CHARGES

11.1     We will charge you, and you agree to pay, the purchase price of each product that is ordered, the delivery fee for your order that we notify to you when you place your order (“Delivery Fee”) and any other fees and charges set out in these terms and conditions.

11.2     All fees and charges identified in these terms and conditions and all prices for the product include GST where applicable.

11.3     The purchase price of each product is shown on the products list on the site at the time you place your order. The purchase price of a product on the site may not be the same or correspond to the prices in any rival stores for the same product and we are not obliged to match any prices.

11.4     Prices for products change from time to time and we do not provide any notice of these changes. Subject to these terms and conditions, once we have accepted your order, we will not change any prices that apply to the products in that order.

11.5     If you cancel an order then:

(a) subject to (b), we will refund any amounts paid by you for that cancelled order;
(b) we will not refund the Delivery Fees where the products in your cancelled order have been dispatched for delivery.

11.6   Free shipping for orders over $199 value only applies to purchases at website advertised prices. Total order value excludes freight charge of $10.00. Freight will be charged accordingly for all discounted purchases / orders at the discretion of Easy Pest Supplies.

12) PAYMENT METHODS

12.1     You may pay the fees and charges for an accepted order using the following payment methods:

(a) Visa, MasterCard 
(b) PayPal

12.2     If we are unable to successfully process your credit card or PayPal payment for your order that is accepted by us, then we may cancel your order.

12.3    If you choose to pay by credit card or PayPal, you authorise us to debit the amount that is payable for an accepted order from your nominated credit card or PayPal account.

12.4     You must not pay, or attempt to pay, for products through any fraudulent or unlawful means.

12.5     We will provide you with a receipt at time of delivery (emailed) which specifies the total fees and charges for the products in the order.

13) DAMAGED PRODUCTS AND RETURNS

13.1     You must check any products delivered to you to determine if it is damaged. If a product is damaged on delivery, then you should refuse to take receipt of that product and notify us on shop@easypestsupplies.com.au. If you notice damage to a product after delivery, or if it has been incorrectly shipped, you should notify us as soon as possibly. If so, you may return the product to us within 14 days of receipt, in accordance with this clause.

13.2     We do not refund for change of mind purchases. If you wish to return a product that is not damaged and that was provided to you under these terms and conditions, please contact us on 1300 667 664 or shop@easypestsupplies.com.au

13.3     Our Returns Policy is incorporated into these terms and conditions.  You must provide us with the invoice we issued to you for your order to make a claim under this clause. If you fail to do so, then we may not provide you with a refund.

13.4     We will not refund the Delivery Fee where the products have been delivered to you, unless you are returning the product because it was damaged.

13.5    If your purchase is damaged in transit we will send you a "no charge" replacement, freight free. You will need to return the damaged product (or fragments which demonstrate reasonable evidence of breakage) to us for assessment.

13.6    If you return a product because it was defective on arrival but we find that the product is in full working condition or any defects or damage were caused after you took receipt of the , it will be returned to you. You will be invoiced a processing fee and any freight costs associated with the return. These invoiced amounts will be payable within 14 days of receipt of invoice.

13.7    If the product is defective or incorrectly shipped (different to the one you ordered), upon receipt of the returned , we will offer you to select either a replacement  or a refund by applying a credit against the credit card used for the original purchase issued for the original purchase price of the  and associated freight cost.

13.8    A copy of the purchase invoice must be included with the returned product(s).

13.9    You are responsible for all costs associated with return of the product to us and we will not pay or reimburse any associated costs. We recommend that products returned by post be sent by registered or certified mail. We accept no responsibility for loss or damage occurring in transit. If a product is not returned to us in the original unopened packaging, it may be returned to you at your cost.

13.10    Method of refund will be in the same format as payment was made.

13.11    Any returned items must be in their original re-saleable condition in their original packaging.  This includes any boxes, product manuals, spare parts etc.

14) TERMINATION

14.1     We may immediately suspend, terminate or limit your access to and use of the Site and (where relevant) your account if you breach these terms and conditions and:

(a) the breach cannot be remedied; or
(b) you fail to the remedy the breach within 10 days of our notice to you of that breach; or
(c) if there is an emergency.

14.2     We may stop making the site (or any part of it) available without prior notice. If so, any orders that we have accepted will not be affected by this unless the products that have been ordered are no longer available or we are prevented from supplying the products, in which case, we will notify you and will refund to you all valid payments received by us for those products.

15) CHANGES TO THESE TERMS AND CONDITIONS

15.1     For future orders, these terms may be different and so we recommend that you read these terms carefully each time you agree to them during the ordering process.

15.2     We will not change any terms and conditions for an existing order that has been accepted by us, the terms and conditions that will apply to the order, are the terms and conditions that applied at the time you placed your order.

16) PRIVACY POLICY

16.1     We respect your privacy. We collect, hold, use and disclose your personal information in accordance with the Privacy Act 1988. The manner in which we generally collect, hold, use and disclose your personal information is set out in our Privacy Policy.

16.2     We will collect your personal information through your use of the site or through your personal contact with us. You agree for us to collect, hold, use and disclose your personal information in ways we consider appropriate namely:

(a) for the purpose of and incidental to providing our products and services to you in a secure way. This includes uses and disclosures which we require to operate the site; and
(b) with, to and from third parties who provide services to us in relation to online shopping. These may include mailing houses, call centres, gateway providers, delivery service providers and organisations that assist us to check for or prevent unauthorised or fraudulent transactions.
(c) for other purposes to which you consent to (either express or inferred consent).

16.3     You may access your personal information, by logging into your registered account or by contacting us.

17) DEFINITIONS

Contact Hours means 9am to 5pm Monday to Friday (Sydney time).

Delivery Address means the address specified by you during the customer registration process for the delivery of products that we will supply to you under these terms and conditions.

GST has the meaning it has in the A New Tax System (Goods and Services Tax) Act 1999 (Commonwealth).

Product means each good or service that is advertised on the site.

18) MATERIALS SAFETY DATA SHEETS / PRODUCT LABELS

18.1    Materials Safety Data Sheets (MSDS) / Product Labels  are supplied as a label reference guide for the products sold by Easy Pest Supplies.

18.2    Materials Safety Data Sheets (MSDS) / Product Labels are linked on each product page as a *PDF downloadable attachment.  Please download and print these upon purchase.

18.3    AS LABELS ARE ALWAYS SUBJECT TO REVISION, ALWAYS CAREFULLY READ AND FOLLOW THE LABEL DIRECTIONS ON THE CONTAINER.

Easy Pest Promotion

Schedule

EASY PEST SUPPLIES - CHANCE TO WIN $25,000 Promotion Terms & Conditions ("Conditions of Entry")
Schedule
Promotion: EASY PEST SUPPLIES - CHANCE TO WIN $25,000
Promoter's Business Name: Easy Pest Supplies
Promoter's ABN: 28137153514
Promoter's Address: Unit 17 / 70-72 Captain Cook Drive Caringbah, NSW 2229
Promotion Start Date: 01/07/2020 at 12:00 AM
Promotion End Date: 31/10/2020 at 12:00 AM
Time Zone Applicable: All times outlined in these Terms and Conditions are as applicable in the same State/Territory where the draw takes place.
Eligible State/s: NSW, QLD, TAS, NT, VIC, ACT, WA
Age Restriction: Entry is only open to residents of the Eligible State/s that comply with the Age Restriction below.
Eligible entrants: Entrants must be aged 18 years of age or over to be eligible.
How to Enter: To enter the Promotion, the eligible entrant must complete the following entry requirement during the Promotional Period:

Purchase one (1) or more Eligible Product(s)/Service(s) in one (1) transaction, from/via any Eligible Channel. Entry is automatic on purchase.

  • Eligible Channels means the list of items in Schedule Appendix A
  • Eligible Products and Services means the list of items in Schedule Appendix B

Only applies if purchase required for entry: If purchase required for entry, entrants must keep their original receipt/invoice for their entry as proof of purchase ("Proof of Purchase"). If an entrant fails to produce the Proof of Purchase for their entry, as and when requested by the Promoter, the Promoter has the right to invalidate the entrant's entry and/or forfeit the entrant's right to a prize. Purchase receipt(s) must clearly specify: (a) the store of purchase as an eligible store/outlet/venue; (b) the required product/s or service/s to be purchased for entry; and (c) that the purchase was made during the Promotional Period and prior to entry.
Entries permitted: Only one (1) eligible entry per person will be accepted. By completing the entry method, the entrant will receive one (1) entry
Total Prize Pool: Up to AUD $25,000.00
Draw Location: Unit 17 / 70-72 Captain Cook Drive, Caringbah NSW 2229
Draw Time: 11:00am (The draw time will be in the time-zone applicable to the State/Territory where the draw is conducted)
Original Draw Date: 02/11/2020
Publication Website Address: www.easypestsupplies.com.au
Prize Description
Major Prize: $25,000.00
Consolation Prize: $50 Gift Card

Either the Major Prize OR Consolation Prize will be awarded via the Game and NOT both.

Prize Conditions:

Exact method in which the Major Prize will be paid to the winner e.g. EFT, cheque, etc., will be determined by the Promoter in its absolute discretion.Consolation Prize will be awarded to the winner in the form of a gift card. Exact store/s where the gift card may be redeemed will be determined by the Promoter in its absolute discretion. No part of this prize is exchangeable, redeemable for any other prize or transferable

Original Draw: The original draw will take place at the Draw Location at the Draw Time.
Number of Envelopes on Display ("X"): 25
Winner Determination: The first valid entry drawn from the Original Draw will win that entrant (“Participant”) the opportunity to play a contingency game (“the Game”) for the chance to win the Major Prize.

The Game will take place at on the date, time & location specified below. Any and all costs associated with attending the Game are the sole responsibility of the Participant. If the Participant resides outside of the same State/Territory where the Game takes place, the Participant may participate in the Game via telephone whereby they will select a number between 1 and 'X' (defined above) (inclusive) and a representative of the Promoter will select the envelope bearing that number on their behalf. If the drawn Participant resides in the same State / Territory where the Game will take place but cannot attend the Game, the Participant may appoint a proxy over 18 years of age to play the Game on his/her behalf provided the Participant gives the Promoter written, signed notice to that effect before the start of the Game. In the event that the Promoter has not been able to contact the Participant before the start of the Game, a representative of the Promoter will play the Game on the Participant's behalf.

There will be 'X' envelopes on display at the start of the Game. One (1) envelope will contain a promotional message representing the Major Prize. The other remaining envelopes will each contain a promotional message representing the Consolation Prize. The Participant/proxy/representative (“Attendee”) must choose only one (1) game envelope without touching, handling or interfering in any way with any of the other envelopes on display. If the Attendee is found to have breached this condition, he/she will be disqualified. If the Attendee selects the envelope containing the promotional message representing the Major Prize, then, subject to verification by the judges, the drawn Participant will win the Major Prize (defined above). If the Attendee selects an envelope containing a promotional message representing the Consolation Prize then the Major Prize will not be given away and, subject to verification by the judges, the drawn Participant will win the Consolation Prize.

The drawn Participant's odds of winning the Major Prize, are 1 in 'X' (defined above). The odds of being drawn as a Participant may be significantly higher than the odds of the drawn Participant winning the Major Prize, and will depend upon the number of entries received.

Video footage of the Game may be referred to by the judges in order to confirm the final result of the Game, before a prize will be awarded.

o If the Major Prize is selected, the Promoter removes all envelopes (including the Control envelope) and takes them back for validation of the claim.
o If the Major Prize is not selected, the Promoter opens the Control envelope which reveals the number of the envelope that has the winning message inside.
o The Promoter then opens the winning envelope to show the guests that the winning symbol was in there and that the mechanic is fair and secure.
Game Location, Time and Date: The Game will take place at Unit 17 / 70-72 Captain Cook Drive, Caringbah, NSW, 2229, at 11:00am on November 06, 2020 (time will be as applicable to State/Territory where Game is conducted).
Winner notification: The winner will be contacted by phone within two (2) business days of the Original Draw and in writing. The winner will be published at the Publication Website Address within 7 days of the Original Draw.
Unclaimed Prizes: Prize must be claimed within three (3) months of the Original Draw. In the event of an unclaimed prize, the prize will be redrawn three (3) months and one (1) business day after the Original Draw Date at the Draw Time at the Draw Location. The winner of the redraw will be notified by phone within two (2) business days of the redraw andin writing. The winner will be notified publicly (and their details published) at the Publication Website Address within seven (7) days of the re-draw.

For the sake of clarity, the prize determined via the Game (if unclaimed) will be awarded via the unclaimed prize draw. Another Game will not be conducted to determine the exact prize awarded via the unclaimed prize draw.

Schedule Appendix A - (Channels)

Online orders
Phone orders
Email orders
In store orders

Schedule Appendix B - (Products and Services)

All pest control products available for sale on our website and in store - over 500 items

Terms & Conditions

1.

The entrant agrees and acknowledges that they have read these Conditions of Entry (and Schedule) and that entry into the Promotion is deemed to be acceptance of these Conditions of Entry (and Schedule). Any capitalised terms used in these Conditions of Entry have the meaning given in the Schedule, unless stated otherwise.

2.

The Promotion commences on the Start Date and ends on the End Date ("Promotional Period"). Entries are deemed to be received at the time of receipt by the Promoter and not at the time of transmission or deposit by the entrant. Records of the Promoter and its agencies are final and conclusive as to the time of receipt.

3.

Valid and eligible entries will be accepted during the Promotional Period.

4.

All prize value references in these terms are in AUD.

5.

Employees (and the immediate family members) of the agencies/companies directly associated with the conduct of this Promotion, the Promoter, its distributors, suppliers, subsidiary companies/businesses and associated companies and agencies and if applicable, any store(s)/venue(s)/business(es) where purchase must be made to participate in this Promotion, are not eligible to enter. "Immediate family member" 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.

6.

If a draw is scheduled on the weekend or a public holiday, the draw will be conducted at the same time and location on the following business day. The Promoter will ensure each draw is open for public scrutiny and anyone may witness the draw on request. The winner of a drawn prize is determined by chance.

7.

All reasonable attempts will be made to contact each winner.

8.

If any winner chooses not to take their prize (or is unable to), or does not take or claim a prize by the time specified by the Promoter, or is unavailable, they forfeit the prize and the Promoter is not obliged to substitute the prize.

9.

Where entry is allowed by purchase or subscription, the cost of the product or service is no greater than the cost would be without the opportunity to participate in the Promotion.

10.

If a prize (or portion of a prize) is unavailable the Promoter reserves the right to substitute the prize (or that portion of the prize) to a prize of equal or greater value and/or specification, subject to any written directions of a regulatory authority.

11.

No entry fee is charged by the Promoter to enter the Promotion.

12.

If there is a dispute as to the identity of an entrant or winner, the Promoter reserves the right, in its sole discretion, to determine the identity of the entrant or winner.

13.

'Entrants' personal information will be collected by the Promoter. Personal information will be stored on the Promoter`s database. The Promoter may use this information for future marketing purposes regarding its products, including contacting the entrant electronically. The Promoter is bound by the Australian Privacy Principles in accordance with the Privacy Act 1988 (Cth) and its privacy policy which is located at https://www.easypestsupplies.com.au/terms-and-conditions. The Promoters privacy policy contains information about how the entrant may access, update and seek correction of the personal information the Promoter holds about them and how the entrant may complain about any potential breach by the Promoter of the Australian Privacy Principles or any other Australian privacy laws and how such complaints will be dealt with. The Promoter collects personal information about entrants to enable them to participate in this Promotion and may disclose the entrants personal information to third parties including its contractors and agents, prize suppliers and service providers to assist in conducting this Promotion and to the State and Territory lottery departments as required under the relevant lottery legislation. If the entrant does not provide their personal information as requested, they may be ineligible to enter or claim a prize in the Promotion. Personal information collected from entrants will not be disclosed to any entity located outside of Australia.

14.

For the purposes of public statements and advertisements, the Promoter may only publish the winner`s surname, initial and State/Territory or postcode of residence.

15.

The Promoter reserves the right to refuse to allow a winner to take part in any or all aspects of the prize, if the Promoter determines in their absolute discretion, that a winner is not in the physical or mental condition necessary to be able to safely participate in or accept the prize. It is a condition of accepting the prize that the winner (or their parent/legal guardian, if under the age of 18) may be required to sign a legal release as determined by the Promoter in its absolute discretion, prior to receiving the prize.

16.

If a prize is provided to the Promoter by a third party, the prize is subject to the terms and conditions of the third party prize supplier and the provision of the prize is the sole responsibility of the third party and not the Promoter. The terms and conditions which apply to the prize at the time it is issued to the winner will prevail over these Conditions of Entry, to the extent of any inconsistency. The Promoter accepts no responsibility or liability for any delay or failure by the third party to deliver the prize, any delay or failure relating to the prize itself or failure by the third party to meet any of its obligations in these Conditions of Entry or otherwise.

17.

Any guarantee or warranty given is in addition to any relevant statutory guarantees and warranties and nothing in these Conditions of Entry restricts, excludes or modifies or purports to restrict, exclude or modify any statutory consumer rights under any applicable law including the Competition and Consumer Act 2010 (Cth).

18.

If for any reason any aspect of this Promotion is not capable of running as planned, including by reason of computer virus, communications network failure, bugs, tampering, unauthorised intervention, fraud, technical failure or any cause beyond the control of the Promoter, the Promoter may in its sole discretion cancel, terminate, modify suspend the Promotion and invalidate any affected entries, or suspend or modify a prize, subject to State or Territory regulation.

19.

The Promoter reserves the right, at any time, to validate and check the authenticity of entries and entrant's details (including an entrant's identity, age and place of residence). In the event that a winner cannot provide suitable proof as required by the Promoter to validate their entry, the winner will forfeit the prize in whole and no substitute will be offered. Incomplete, indecipherable, inaudible, incorrect and illegible entries, as applicable, will at the Promoter's discretion be deemed invalid and not eligible to win. Entries containing offensive or defamatory comments, or which breach any law or infringe any third-party rights, including intellectual property rights, are not eligible to win. The use of any automated entry software or any other mechanical or electronic means that allows an individual to automatically enter repeatedly is prohibited and may render all entries submitted by that individual invalid.

20.

All material submitted on entry (e.g. photo(s), image(s), drawing(s), comment(s), sound/video recording(s) and answer(s) to a promotional question) must NOT: (a) be in breach of any laws, regulations and rights, e.g. any laws regarding intellectual property (copyright, trademarks, etc), defamation and privacy; (b) be defamatory, obscene, derogatory, pornographic, sexually inappropriate, contain nudity, aggressive, violent, abusive, harassing, threatening, objectionable or discriminate/vilify any section of the community with respect to race, ethnicity, nationality, religion, origin, sexual preference, mental illness, disability or gender or unsuitable for publication; or (c) contain viruses. Entrants warrant that they own or have the right to license the copyright in any entry submitted by them into this Promotion, for the purposes of this Promotion, that no rights have been granted to any third party in respect of any such entry which would prevent the entry being used as contemplated by this Promotion, and that the use by the Promoter of any such entry will not breach any laws or infringe the rights of any person (including without limitation with respect to privacy, intellectual property and defamation). Entrants must obtain prior consent from any person or from the owner(s) of any property that appears in their entry. By entering, all entrants license and grant the Promoter, its affiliates and sub-licensees an exclusive, royalty-free, perpetual, worldwide, irrevocable, and sub-licensable right to use, reproduce, modify, adapt, publish and display their entry (including any portion of their entry) for any purpose, including but not limited to future promotional, marketing or publicity purposes, in any media, without compensation, restriction on use, attribution or liability. Entrants further agree, upon request by the Promoter, to assign all of their rights, title and interest (including copyright) in and to their entry to the Promoter and to sign any legal documentation to confirm such assignment. Entrants agree that their entry is their original work and does not infringe the rights of third parties, or that they have obtained full prior consent from any person who has jointly created or has any rights in the aforementioned material. Entrants consent to any use of their entry that may otherwise infringe their moral rights. Entrants are responsible for all entries they submit on entry. The Promoter will not be liable for any entries, to the extent permitted by law. The Promoter reserves the right to remove, request removal or decline to publish any entry or portion of an entry for any reason whatsoever, including if in breach of these Terms and Conditions. The Promoter will have no liability to entrants if it exercises this right and entrants must comply with any request made by the Promoter pursuant to this paragraph.The entrant warrants and represents that any material sent or provided by the entrant to the Promoter will not infringe any copyright, trademarks or other intellectual property rights of any third party (including moral rights) and that the entrant has all rights to use the materials and has obtained all necessary consents to comply with any relevant privacy and/or confidentiality requirements. Entrants agree to indemnify the Promoter for any breach of the Terms and Conditions including this clause.

21.

The Promoter reserves the right to disqualify entries in the event of non-compliance with these Conditions of Entry. In the event that there is a disputeconcerning the conduct of the Promotion, the decision of the Promoter is final and binding on each entrant and no correspondence will be entered into.

22.

The Promoter and its associated agencies and companies will not be liable for any loss (including, without limitation, indirect, special or consequential loss or loss of profits), expense, damage, personal injury or death which is suffered or sustained (whether or not arising from any person's negligence or wilful misconduct) in connection with this Promotion or accepting or using any prize (or recommendation), except for any liability which cannot be excluded by law (in which case that liability is limited to the minimum allowable by law).

23.

The entrant will participate in and co-operate as required with all reasonable marketing and editorial activities relating to the Promotion, including (but not limited to) being recorded, photographed, filmed or interviewed and acknowledges that the Promoter may use any such marketing and editorial material without further reference or compensation to them.

24.

The Promoter accepts no responsibility for any tax implications and the entrant must seek their own independent financial advice in regards to the tax implications relating to the prize or acceptance of the prize.

25.

Failure by the Promoter to enforce any of its rights at any stage does not constitute a waiver of these rights.

26.

Authorised in Australia under permit numbers: NSW: LTPS-20/44075; ACT TP:20/00807.