Terms & Conditions

Introduction

Welcome to NAB Promo. This site is provided by International Marketing Concepts Pty Ltd (IMC), (referred to throughout this site as "NAB Promo") as a service to our customers. Please review the following basic rules that govern your use of our Site (the "Agreement"). Please note that your use of our Site constitutes your unconditional agreement to follow and be bound by these Terms and Conditions. Although you may "bookmark" a particular portion of this Site and thereby bypass this Agreement, your use of this Site still binds you to the Terms. NAB Promo reserves the right to update or modify these Terms and Conditions at any time without prior notice. Your use of the NAB Promo Web site following any such change constitutes your unconditional agreement to follow and be bound by the Terms and Conditions as changed. For this reason, we encourage you to review these Terms and Conditions whenever you use this Web site.

Copyrights and Trademarks

1. Unless otherwise noted, all materials, including images, text, illustrations, designs, icons, photographs, programs, video clips and written and other materials that are part of The NAB Promo Website (collectively, the "Contents") are copyrights, trademarks, trade dress and/or other intellectual property owned, controlled or licensed by NAB Promo, one of its affiliates or by third parties who have licensed their materials to NAB Promo and are protected by Aust. and international copyright laws. The compilation (meaning the collection, arrangement, and assembly) of all content on this site is the exclusive property of NAB Promo and is also protected by Aust. and international copyright laws.

NAB Promo and its suppliers and licensors expressly reserve all intellectual property rights in all text, programs, products, processes, technology, content and other materials which appear on this Web site. Access to this Web site does not confer and shall not be considered as conferring upon anyone any license under any of NAB Promo's or any third party's intellectual property rights.
The NAB Promo names and logos and all related product and service names, design marks and slogans are the trademarks or service marks of NAB Promo Stores, Inc. All other marks are the property of their respective companies. No trademark or service mark license is granted in connection with the materials contained on this website. Access to this website does not authorize anyone to use any name, logo or mark in any manner.
References on The NAB Promo Website to any names, marks, products or services of third parties or hypertext links to third party sites or information are provided solely as a convenience to you and do not in any way constitute or imply NAB Promo's endorsement, sponsorship or recommendation of the third party, information, product or service. NAB Promo is not responsible for the content of any third party sites and does not make any representations regarding the content or accuracy of material on such sites. If you decide to link incorporate to any such third party web sites by any means, you do so entirely at your own risk.

Use of this Site

5. This Site and all its Contents are intended solely for NAB Group business use and personal use for NAB Group employees. You may download or copy the Contents and other downloadable materials displayed on the Site for your business use only. No right, title or interest in any downloaded materials or software is transferred to you as a result of any such downloading or copying. You may not reproduce (except as noted above), publish, transmit, distribute, display, modify, create derivative works from, sell or participate in any sale of or exploit in any way, in whole or in part, any of the Contents, the Site or any related software. All software used on this site is the property of NAB Promo or its suppliers and protected by Aust. and international copyright laws. The content and software on this site may be used only as a shopping resource. Any other use, including the reproduction, modification, distribution, transmission, republication, display, or performance, of the content on this site is strictly prohibited. NAB Promo is a registered trademark of IMC.

Site Security

6. Users are prohibited from violating or attempting to violate the security of the The NAB Promo Website, including, without limitation, (a) accessing data not intended for such user or logging onto a server or an account which the user is not authorized to access;

(b) attempting to probe, scan or test the vulnerability of a system or network or to breach security or authentication measures without proper authorization; (c) attempting to interfere with service to any user, host or network, including, without limitation, via means of submitting a virus to the Site, overloading, "flooding," "spamming," "mailbombing" or "crashing;" (d) sending unsolicited email, including promotions and/or advertising of products or services; or (e) forging any TCP/IP packet header or any part of the header information in any email or newsgroup posting. Violations of system or network security may result in civil or criminal liability. NAB Promo will investigate occurrences that may involve such violations and may involve, and cooperate with, law enforcement authorities in prosecuting users who are involved in such violations. You agree not to use any device, software or routine to interfere or attempt to interfere with the proper working of this Site or any activity being conducted on this site. You agree, further, not to use or attempt to use any engine, software, tool, agent or other device or mechanism (including without limitation browsers, spiders, robots, avatars or intelligent agents) to navigate or search this Site other than the search engine and search agents available from NAB Promo on this Site and other than generally available third party web browsers (e.g., Firefox, Microsoft Internet Explorer).

Order Acceptance

Please note that there may be certain orders that we are unable to accept and must cancel. We reserve the right, at our sole discretion, to refuse or cancel any order for any reason. For your convenience, you will not be charged until your payment method is authorized, the order information is verified for accuracy and your order is dispatched. Some situations that may result in your order being cancelled include limitations on quantities available for purchase, inaccuracies or errors in product or pricing information, or problems identified by our credit and fraud avoidance department. We may also require additional verifications or information before accepting any order. We will contact you if all or any portion of your order is cancelled or if additional information is required to accept your order. If your order is cancelled after your credit card has been charged, we will issue a credit to your credit card in the amount of the charge.
Transfer of ownership is deemed to have occurred once goods have left the NAB Promo warehouse, not on delivery of goods. While every effort will be provided to find a consignment NAB Pomo take no responsibility for the third party transport company that deliver the goods.

Pricing or Typographical Errors

9. While NAB Promo strives to provide accurate product and pricing information, pricing or typographical errors may occur. NAB Promo cannot confirm the price of an item until after you order. In the event that an item is listed at an incorrect price or with incorrect information due to an error in pricing or product information, NAB Promo shall have the right, at our sole discretion, to refuse or cancel any orders placed for that item. In the event that an item is miss priced, NAB Promo may, at our discretion, either contact you for instructions or cancel your order and notify you of such cancellation. Prices and availability are subject to change without notice.

Payment Terms

10. All customers are to provide a cost code when ordering items online, there are no exceptions.

Freight Costs

11. For there to be a transparent freight charges and for that charge to be attached to each order, an allocated flat rate freight cost will be attributed to each item in the range as per the following process –

-Each item/kit will have an allocated weight

-Each destination (ie capital city) will have an allocated freight cost for each weight

-The system will work out final freight weight and then determine the final cost depending on the destination selected

-This cost is then charged as a separate line item on the order.

-The customer accepts that there may be a slight variance of the quoted cost depending on the final destination particular for remote regional areas.

Please note: If to complete delivery of an order – redelivery is required, additional charges will apply.

Any request redirection of an order to an alternative address will incur additional charges.

Additional charges may apply for palletised deliveries and services including, but not limited to tailgate or hand unloading by the carrier.

All additional charges will be invoiced and sent to NAB Accounts Payable for processing the payment.

Fees

12. Fees charged may include packaging/handling, admin (system & warehousing) delivery/couriers, dry cleaning for Captain NAB and a minimal daily hire fee for signage. In relation to signage and Captain NAB, the customer agrees to pay a daily hire fee that includes the days that the items are in transit to and from the location including weekends and public holidays.

Delivery

13. All courier costs will be estimated as per the freight schedule as accurately as possible when items are placed in the shopping cart. The customer accepts that there may be a slight variance of the quoted cost depending on the final destination particular for remote regional areas. When items (signage) are to be returned, the customer must agree to a location, time and date of pick up when placing the order. If the items are not at the location at the time and day agreed for pickup, the customer will incur the cost of the initial courier sent by IMC, as well as the additional courier sent by IMC required to pick up the items. The customer will also incur additional hire fees for each day the items are overdue.

Returns

14. Any Products which are damaged or defective may be returned to IMC within a reasonable time, at no cost to the Customer. The Customer may otherwise return Products to IMC and obtain a credit:

- Except for specially purchased products, products specifically tailored for the Customer's requirements, ie promotional merchandise, IT consumables.

- Provided that it does so within 21 days of delivery and a return authorisation is obtained from IMC; -Provided that the Products are in their original packaging, unopened, of a current make

and model, and otherwise as new and in a saleable condition; -At the Customer's own expense, or to the Customer's account; and

- On the basis that risk in the Products remains with the Customer until the Products are received by IMC, and that a restocking or return fee may be charged.

Notwithstanding the provisions of this clause 6, IMC will not accept a returned product where the customer has caused the product to become unmerchantable or failed to take steps to prevent the product from becoming unmerchantable, or the product has become damaged by abnormal use whilst in the possession of the customer.

Cancellations & Associated Charges

15. Cancellations and associated charges are applied as such:

-Orders cancelled prior to the day scheduled for dispatch will attract no charges. -Orders cancelled prior to actual dispatch - if no handling/packaging has actually occurred will attract no charge -Orders cancelled prior to actual dispatch - if handling/packaging has occurred, packaging/handling charges will be incurred but no delivery charge -Orders cancelled after dispatch - full charge (and including costs to return cancelled items to Service Provider) will be incurred.

Condition Report & Associated Charges

16. It is IMC policy that:

-Warehouse quality control checks every item that leaves the warehouse.

- The customer agrees to return items (signage & Captain NAB) in the state that it was received and agrees to being responsible for packaging items appropriately so as to avoid damage in transit back to the warehouse.

-The customer agrees that if items are lost or damaged the user will be charged for repair or replacement.

GST

17. NAB reserves the right to recover from the Customer all goods and services tax ("GST") payable in respect of the supply of goods and services to the Customer.

Quantity Limits & Dealer Sales

18. NAB Promo reserves the right to limit the quantity of items purchased per person, per business unit or per order. These restrictions may be applicable to orders placed by the same NAB Promo account, the same credit card, and also to orders that use the same billing and/or shipping address. We will provide notification to the customer e-mail and/or billing address provided should such limits be applied. NAB Promo also reserves the right to prohibit sales to dealers. If you are interested in purchasing multiple quantities of items for a corporation or institution, please contact us by email at support@nabpromo.com.au

General

19. This Agreement represents the complete agreement between the parties and supersedes all prior agreements and representations between them. If any provision of this Agreement is held to be unenforceable for any reason, such provision shall be reformed only to the extent necessary to make it enforceable and the other terms of this Agreement shall remain in full force and effect. The failure of NAB Promo to act with respect to a breach of this Agreement by you or others does not constitute a waiver and shall not limit NAB Promo's rights with respect to such breach or any subsequent breaches. This Agreement shall be governed by and construed under Victorian law as such law applies to agreements between Victoria residents entered into and to be performed within Victoria. Any action or proceeding arising out of or related to this Agreement or your use of this Site must be brought in the State of Victoria or Australian Federal courts.

User Reviews, Feedback, Submissions

All reviews, comments, feedback, postcards, suggestions, ideas, and other submissions disclosed, submitted or offered to NAB Promo on or by this Site or otherwise disclosed, submitted or offered in connection with your use of this Site (collectively, the "Comments") shall be and remain NAB Promo's property. Such disclosure, submission or offer of any Comments shall constitute an assignment to NAB Promo of all worldwide rights, titles and interests in all copyrights and other intellectual properties in the Comments.
Thus, NAB Promo will own exclusively all such rights, titles and interests and shall not be limited in any way in its use, commercial or otherwise, of any Comments. NAB Promo will be entitled to use, reproduce, disclose, modify, adapt, create derivative works from, publish, display and distribute any Comments you submit for any purpose whatsoever, without restriction and without compensating you in any way.
NAB Promo is and shall be under no obligation (1) to maintain any Comments in confidence; (2) to pay to user any compensation for any Comments; or (3) to respond to any user Comments. You agree that any Comments submitted by you to the Site will not violate this policy or any right of any third party, including copyright, trademark, privacy or other personal or proprietary right's, and will not cause injury to any person or entity. You further agree that no Comments submitted by you to the Site will be or contain libelous or otherwise unlawful, abusive or obscene material, or contain software viruses, political campaigning, commercial solicitation, chain letters, mass mailings or any form of "spam".
NAB Promo does not regularly review posted Comments, but does reserve the right (but not the obligation) to monitor and edit or remove any Comments submitted to the Site. You grant NAB Promo the right to use the name that you submit in connection with any Comments. You agree not to use a false email address, impersonate any person or entity, or otherwise mislead as to the origin of any Comments you submit. You are and shall remain solely responsible for the content of any Comments you make and you agree to indemnify NAB Promo and its affiliates for all claims resulting from any

Comments you submit. NAB Promo and its affiliates take no responsibility and assume no liability for any Comments submitted by you or any third party.

Colors

24. We have made every effort to display as accurately as possible the colors of our products that appear on the Site. However, as the actual colors you see will depend on your monitor, we cannot guarantee that your monitor's display of any color will be accurate.

Indemnification

25. You agree to defend, indemnify and hold NAB Promo harmless from and against any and all claims, damages, costs and expenses, including attorneys' fees, arising from or related to your use of the Site.

Termination

26. These terms are effective unless and until terminated by either NAB Group or NAB Promo. You may terminate this Agreement at any time, provided that you discontinue any further use of this Site. NAB Promo also may terminate this Agreement at any time and may do so immediately without notice, and accordingly deny you access to the Site, if in NAB Promo's sole discretion you fail to comply with any terms or provision of this Agreement. Upon any termination of the Agreement by either you or NAB Promo, you must promptly destroy all materials downloaded or otherwise obtained from this Site, as well as all copies of such materials, whether made under the terms of use or otherwise. These terms are effective unless and until terminated by either you or NAB Promo.

Disclaimer

THIS SITE IS PROVIDED BY NAB Promo ON AN "AS IS" AND "AS AVAILABLE" BASIS. NAB Promo MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, AS TO THE OPERATION OF THE SITE OR THE INFORMATION, CONTENT, MATERIALS, OR PRODUCTS INCLUDED ON THIS SITE. TO THE FULL EXTENT PERMISSIBLE BY APPLICABLE LAW, NAB Promo DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. WITHOUT LIMITING THE FOREGOING, NAB Promo DISCLAIMS ANY AND ALL WARRANTIES, EXPRESS OR IMPLIED, FOR ANY MERCHANDISE OFFERED ON THIS SITE. YOU ACKNOWLEDGE, BY YOUR USE OF THE NAB Promo WEB SITE, THAT YOUR USE OF THE SITE IS AT YOUR SOLE RISK. THIS DISCLAIMER DOES NOT APPLY TO ANY PRODUCT WARRANTY OFFERED BY THE MANUFACTURER OF THE ITEM. THIS DISCLAIMER CONSTITUTES AN ESSENTIAL PART OF THIS AGREEMENT. SOME STATES DO NOT ALLOW LIMITATIONS ON HOW LONG AN IMPLIED WARRANTY LASTS, SO THE FOREGOING LIMITATIONS MAY NOT APPLY TO YOU.

Limitation of Liability UNDER NO CIRCUMSTANCES AND UNDER NO LEGAL OR EQUITABLE THEORY, WHETHER IN TORT, CONTRACT, STRICT LIABILITY OR OTHERWISE, SHALL NAB Promo OR ANY OF ITS AFFILIATES, EMPLOYEES, DIRECTORS, OFFICERS, AGENTS, VENDORS OR SUPPLIERS BE LIABLE TO YOU OR TO ANY OTHER PERSON FOR ANY INDIRECT, SPECIAL, INCIDENTAL OR CONSEQUENTIAL LOSSES OR DAMAGES OF ANY NATURE ARISING OUT OF OR IN CONNECTION WITH THE USE OF OR INABILITY TO USE THE NAB Promo WEB SITE, INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOST PROFITS, LOSS OF GOODWILL, LOSS OF DATA, WORK STOPPAGE, ACCURACY OF RESULTS, OR COMPUTER FAILURE OR MALFUNCTION, EVEN IF AN AUTHORIZED REPRESENTATIVE OF NAB Promo HAS BEEN ADVISED OF OR SHOULD HAVE KNOWN OF THE POSSIBILITY OF SUCH DAMAGES. IN NO EVENT WILL NAB Promo BE LIABLE FOR ANY DAMAGES IN EXCESS OF THE FEES PAID BY YOU IN CONNECTION WITH YOUR USE OF THE SITE DURING THE SIX MONTH PERIOD PRECEDING THE DATE ON WHICH THE CLAIM AROSE.