INTRODUCTION
Welcome to the Penrith Panthers Mber+® Store, this site is provided by TPF Sports (Aust) Pty. Ltd. ACN 060 603 189 ("TPF Sports"). Please review the following basic rules that govern your use of our site (the "User 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. Penrith Panthers Mber+® Store reserves the right to update or modify these terms and conditions at any time without prior notice. Your use of Penrith Panthers Mber+® Store 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. If you don't agree to these Terms and Conditions, please do not use this website.
PAYMENT AND CURRENCY
We accept MasterCard, Visa and payment by PayPal. We do not accept Cheques, Money orders or any other forms of payment. All prices shown are in Australian dollars and include Goods and Services Tax at 10%. Only Australian orders are subject to the GST and all international orders will be processed exclusive of GST. All totals will be billed as Australian Dollars and International customers will be charged the equivalent of this rate in their respective currencies at the time your bank processes the transaction. The International pricing shown is fixed to International rates as provided by our banking partner.
SECURITY
The Penrith Panthers Mber+® Store offers you a safe and secure shopping experience. You will notice a padlock icon within your browser when you enter our website. This indicates that all information entered in the session is secure. Once you have entered your credit card details, your payment will be processed online. When payment is processed, we send the transaction to the bank. Unlike giving credit card details over the phone, our online system automatically encrypts all your details using the SSL encryption standard.
COPYRIGHTS AND TRADEMARKS
Unless otherwise noted, all materials, including images, text, illustrations, designs, icons, photographs, programs, video clips and written and other materials that are part of this site (collectively, the "contents") are copyrights, trademarks, trade dress and/or other intellectual property owned, controlled or licensed by Penrith Panthers Mber+® Store, one of its affiliates or by third parties who have licensed their materials to Penrith Panthers Mber+® Store and are protected by Australian and International copyright laws. The compilation (meaning the collection, arrangement, and assembly) of all content on this site is the exclusive property of Penrith Panthers Mber+® Store and is also protected by Australian and International copyright laws. Penrith Panthers Mber+® Store 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 Penrith Panthers Mber+® Store or any third party's intellectual property rights. Penrith Panthers Mber+® Store names and logos and all related product and service names, design marks and slogans are the trademarks or service marks of Penrith Panthers Mber+® Store. 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 this web site 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 Penrith Panthers Mber+® Store’s endorsement, sponsorship or recommendation of the third party, information, product or service. The Penrith Panthers Mber+® Store 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 to any such third party web sites, you do so entirely at your own risk.
USE OF THIS WEBSITE
This site and all its contents are intended solely for personal, non-commercial use. You may download or copy the contents and other downloadable materials displayed on the site for your personal 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 Penrith Panthers Mber+® Store or its suppliers and protected by Australian 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.
SITE SECURITY
Users are prohibited from violating or attempting to violate the security of the site, including, without limitation, Accessing data not intended for such user or logging onto a server or an account which the user is not authorised to access; Attempting to probe, scan or test the vulnerability of a system or network or to breach security or authentication measures without proper authorization; 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;" Sending unsolicited email, including promotions and/or advertising of products or services; or 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. Penrith Panthers Mber+® Store 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 Penrith Panthers Mber+® Store on this site and other than generally available third-party web browsers (e.g. Google Chrome, Netscape navigator, Microsoft Explorer).
THIRD PARTY WEBSITES
This website may contain links to third party websites. TPF Sports (Aust) Pty. Ltd. is not responsible for the condition or content of those websites as they are not under TPF Sports (Aust) Pty. Ltd.'s control. You access those websites and/or use their products and services solely at your own risk. The links are provided solely for your convenience and do not indicate, expressly or impliedly, an endorsement by TPF Sports (Aust) Pty. Ltd. of those websites or the products or services provided on those websites. You must not link any third-party website to this website without TPF Sports (Aust) Pty. Ltd.'s prior written consent.
DAMAGE TO COMPUTER OR OTHER DEVICE
We will take reasonable care in ensuring that our website is free from viruses or other dangerous content, however cannot guarantee that use of this website will not cause damage to your computer or other devices. It is your responsibility to make sure that you have the proper equipment and anti-virus software to use this website safely.
PASSWORD AND ACCOUNT SECURITY
It is your responsibility in maintaining the confidentiality of your password and account and all activities that take place under your password or account. If you will be using a shared computer ensure that you logout of your account at the end of each session. If you believe that there has been a security breach or misuse of your password or account, please let us know immediately. TPF Sports (Aust) Pty. Ltd. will not be liable for any loss or damage that may occur as a result of your failure to comply with this clause.
ACCESS
We reserve the right to immediately suspend, terminate or limit your access to this website for any reason in our absolute discretion. We will not accept responsibility if your access to this website is unavailable for any reason.
COOKIES
Cookies are small pieces of information that your browser stores on your computer hard drive. We may use cookies to provide website usage information as well as to assist us to improve and develop the products and services we offer. Our cookies do not contain any personal identifiable information. If you disable cookies on your web browser, you may not be able to fully experience all features of this website.
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 authorised, the order information is verified for accuracy and your order is shipped. 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.
PRICING OR TYPOGRAPHICAL ERRORS
While Penrith Panthers Mber+® Store strives to provide accurate product and pricing information, pricing or typographical errors may occur. Penrith Panthers Mber+® Store 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, Penrith Panthers Mber+® Store 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 mispriced, Penrith Panthers Mber+® Store 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.
QUANTITY LIMITS
The Penrith Panthers Mber+® Store reserves the right to limit the quantity of items purchased per person, per household or per order. These restrictions may be applicable to orders placed by the same Penrith Panthers Mber+® Store 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. Penrith Panthers Mber+® Store 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 footy.membership@panthers.com.au.
GENERAL
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. Failure to act with respect to a breach of this agreement by you or others does not constitute a waiver and shall not limit Penrith Panthers Mber+® Store 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 or federal courts of Victoria.
USER REVIEWS, FEEDBACK, SUBMISSIONS
All reviews, comments, feedback, postcards, suggestions, ideas, and other submissions disclosed, submitted or offered to Penrith Panthers Mber+® Store 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 Penrith Panthers Mber+® Store property. Such disclosure, submission or offer of any comments shall constitute an assignment to Penrith Panthers Mber+® Store of all worldwide rights, titles and interests in all copyrights and other intellectual properties in the comments. Thus, Penrith Panthers Mber+® Store 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. Penrith Panthers Mber+® Store 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. Penrith Panthers Mber+® Store 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 rights, 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 libellous or otherwise unlawful, abusive or obscene material, or contain software viruses, political campaigning, commercial solicitation, chain letters, mass mailings or any form of "spam". Penrith Panthers Mber+® Store 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 Penrith Panthers Mber+® Store 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 Penrith Panthers Mber+® Store and its affiliates for all claims resulting from any comments you submit. Penrith Panthers Mber+® Store and its affiliates take no responsibility and assume no liability for any comments submitted by you or any third party.
COLOURS
We have made every effort to display as accurately as possible the colours of our products that appear on the site. However, as the actual colours you see will depend on your monitor, we cannot guarantee that your monitor's display of any colour will be accurate.
INDEMNIFICATION
You agree to defend, indemnify and hold Penrith Panthers Mber+® Store 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
These terms are effective unless and until terminated by either you or Penrith Panthers Mber+® Store. You may terminate this agreement at any time, provided that you discontinue any further use of this site. Penrith Panthers Mber+® Store 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 Penrith Panthers Mber+® Store sole discretion you fail to comply with any term or provision of this agreement. Upon any termination of the agreement by either you or Penrith Panthers Mber+® Store, 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 Penrith Panthers Mber+® Store. You may terminate this agreement at any time, provided that you discontinue any further use of this site. Penrith Panthers Mber+® Store 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 Penrith Panthers Mber+® Store sole discretion you fail to comply with any term or provision of this agreement. Upon any termination of the agreement by either you or Penrith Panthers Mber+® Store, 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.
DISCLAIMER
This site is provided by Penrith Panthers Mber+® Store on an "as is" and "as available" basis. Penrith Panthers Mber+® Store 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, Penrith Panthers Mber+® Store 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, Penrith Panthers Mber+® Store disclaims any and all warranties, express or implied, for any merchandise offered on this site. You acknowledge, by your use of the Penrith Panthers Mber+® Store 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
Limitation of liability under no circumstances and under no legal or equitable theory, whether in tort, contract, strict liability or otherwise, shall TPF Sports (Aust) Pty. Ltd. 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 Penrith Panthers Mber+® Store 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 authorised representative of Penrith Panthers Mber+® Store has been advised of or should have known of the possibility of such damages. In no event will Penrith Panthers Mber+® Store 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. For any queries or assistance, please contact us at footy.membership@panthers.com.au
Privacy Policy
ABOUT THIS PRIVACY POLICY
The Promotions Factory Pty Ltd (TPF) and TPF Sports Pty Ltd (TPF Sports) are committed to protecting your privacy and ensuring all customer information is kept strictly confidential and in accordance with Australian privacy laws, including the Australian Privacy Principles under the Privacy Act 1988.
This Privacy Policy sets out how we collect, use and disclose your personal information. By accessing or using this website, you agree to the collection, use and disclosure of your personal information in the manner described in this policy.
WHY WE COLLECT PERSONAL INFORMATION
We collect personal information in order to deliver products and services you order from us, to improve our service and your customer experience and to save you time re-entering details each time you order from us. We may also collect information for purposes including:
To better understand customer requirements and preferences;
To protect against fraud or theft; and
To provide offers that are of greater interest or benefit to you.
WHAT INFORMATION WE COLLECT
In most cases, we collect your information directly from you when you register your details, place an order or provide feedback to us, whether online, by phone or in writing, including via email.
The information we collect includes:
- your name;
- your address, delivery address, phone number and e-mail address;
- credit card or other payment details;
- other information about your orders; and
- records of any communications you have with us.
HOW WE STORE YOUR INFORMATION
Any personal information provided to TPF and TPF Sports is stored on secure TPF servers located within Australia.
WHO WE SHARE YOUR INFORMATION WITH
We have Support Teams based in Australia and other countries including Vietnam who may need to access your information to provide you with support. All TPF and TPF Sports staff, no matter the office location, adheres to consistent privacy protections with the Australian Privacy Principles and your data remains within TPF and TPF Sports’ effective control.
We may need to provide your personal information to third parties who assist us in delivering our products and services. This includes delivery companies, financial institutions, web-hosting organisations and information technology service providers. When your personal information is disclosed to these third parties, we will only authorise them to use your personal information for the purpose that we supplied it to them, and we will ensure that they undertake to protect your privacy.
We may also need to disclose your personal information to government authorities if required by law.
HOW YOU CAN ACCESS AND CORRECT YOUR PERSONAL INFORMATION
You generally have a right to access and correct or update the personal Information we hold about you. If you would like to do so, please contact us at privacy@tpf.com.au
LINKED SITES
We are not responsible for the privacy practices of sites linked to this website via hyperlinks, banner advertising or other means. Please take care at all times to check the privacy policies of such third-party sites you visit.
OPTING OUT
At any time, you may opt out of receiving direct marketing communications from us. To opt out, please email unsubscribe@tpf.com.au. Details of how to opt-out of direct marketing communication will be provided on each and every direct marketing communication.
CHANGES
This Privacy Policy may change over time. If so, the updated policy will be published on this website. It is the responsibility of each user to check from time to time for any changes to this policy.
This policy was last updated in December 2016.
COMPLAINTS AND ENQUIRIES
If you have any enquiries about our Privacy Policy, would like to access or correct the personal information we hold about you or wish to make a complaint about a breach of the Australian Privacy Principles, please contact us:
Privacy Officer;
TPF Sports (Aust) Pty. Ltd
Level 1, 33-41 Balmain St, Cremorne 3121
P: +613 9520 1111
Privacy Statement – in the operation of the Penrith Panthers Mber+® Store, The Promotions Factory Pty Ltd (TPF) & TPF Sports (who manage this website) collects your personal information for the purpose of providing you with further information in relation to Penrith Panthers membership Products, merchandising, promotions, special offers and events. Your personal information will be collected and retained by TPF in accordance with the Australian National Privacy Principles and the Privacy Act 1988.
To access or correct personal information held about you by TPF, or to make a privacy complaint, please contact the TPF Privacy Officer via privacy@tpf.com.au or phone: +61 3 9520 1111.