TERMS OF SERVICE
Access to and use of this Website (palmsoffgaming.com.au) and the products and services available through this Website (collectively, the "Services") are subject to the following terms, conditions and notices (the "Terms of Service"). By using the Services, you are agreeing to all of the below Terms of Service, which may be updated by us from time to time without notice. You should check this page regularly to take notice of any changes we may have made.
Access to this Website is permitted on a temporary basis, and we reserve the right to withdraw or amend the Services without notice. We will not be liable if for any reason this Website is unavailable at any time or for any period. From time to time, we may restrict access to some parts or all of this Website without notice.
You must not misuse this Website.
You will not: commit or encourage a criminal offence; transmit or distribute a virus, trojan, worm, logic bomb or post any other material which is malicious, technologically harmful, in breach of confidence or in any way offensive or obscene; hack into any aspect of the Service; corrupt data; cause annoyance to other users; infringe upon the rights of any other person's proprietary rights; send any unsolicited advertising or promotional material, commonly referred to as "spam"; or attempt to affect the performance or functionality of any computer facilities of or accessed through this Website.
We will not be liable for any loss or damage caused by a distributed denial-of-service attack, viruses or other technologically harmful material that may infect your computer equipment, computer programs, data or other proprietary material due to your use of this Website or to your downloading of any material posted on it, or on any website linked to it.
INTELLECTUAL PROPERTY, SOFTWARE AND CONTENT
The intellectual property rights in all software and content, including the Palms Off Gaming brand and all other trademarks, trade names and logos made available to you on or through this Website remain the property of Palms Off Gaming Pty Ltd (“Palms Off Gaming”) or its licensors and are protected globally by the relevant copyright laws and treaties. All such rights are reserved by Palms Off Gaming and its licensors. You may store, print and display the content supplied solely for your own personal use. You are not permitted to publish, manipulate, duplicate, copy, sell, distribute or otherwise reproduce or exploit, in any format, any of the content or copies of the content supplied to you or which appears on this Website nor may you use any such content in connection with any business or commercial enterprise.
TERMS OF SALE
By placing an order you acknowledge you are entering into a contract of sale with Palms Off Gaming and are therefore subject to the following terms and conditions.
All orders are subject to availability and confirmation of the order price.
Dispatch times may vary according to stock availability and any guarantees or representations made in regards to delivery times are subject to any delays resulting from postal issues or force majeure, for which we will not be held responsible. Please refer to our Delivery Policy for further information.
In order to contract with Palms Off Gaming you must be at least the age of majority in your state or province of residence, or the age of majority in your state or province of residence and you have given us your consent to allow any of your minor dependents to use this site. You must possess a valid credit or debit card issued by a bank acceptable to us. Palms Off Gaming retains the right to refuse any request made by you.
When you place an order, you will receive an acknowledgement e-mail confirming receipt of your order - this email will not constitute acceptance of your order. A contract between us for the purchase of the goods will not be formed until your payment has been approved by us and we have successfully debited your credit or debit card.
Pricing and Availability:
While we endeavor to ensure all details, descriptions and prices appearing on this Website are accurate, errors (including processing or system-syncing errors) may occur. If we discover an error in the price, listing description or payment of any goods which you have ordered, we will inform you as soon as possible and give you the option of reconfirming your order at the correct price or for the correct item, or cancelling it. If we are unable to contact you we will treat the order as cancelled. If the order is cancelled and you have already paid for the product/s, you will receive a full refund in Australian Dollars (AUD).
Palms Off Gaming reserves the right to cancel, at any time before delivery and for whatever reason, an order that it has previously accepted. Palms Off Gaming may do this for example, but without limitation, where:
- Palms Off Gaming suppliers are unable to supply Services that they have previously promised to supply;
- An event beyond Palms Off Gaming's control, such as storm, fire, flood, earthquake, terrorism, power failure, war, strike or failure of computer systems, means that Palms Off Gaming is unable to supply the Services within a reasonable time;
- Services ordered were subject to an error on the Website, for example, in relation to a description, price or image, which was not discovered prior to the order being accepted;
- Services ordered are subject to specific quantity limits set out by us;
- You ask Palms Off Gaming to cancel your order.
Where applicable, prices are inclusive of GST. Delivery costs will be charged in addition and all costs will be clearly displayed where applicable and included in the 'Total Cost' at checkout.
Our Services may contain typographical errors or other errors or inaccuracies and may not be complete or current. We therefore reserve the right to correct any errors, inaccuracies or omissions and to change or update information at any time without prior notice. We reserve the right to refuse to fill any orders that you may place based on information on the Service that may contain errors or inaccuracies.
Palms Off Gaming’s prices are subject to change without notice. We reserve the right to modify or discontinue Our Services (or any part or content thereof) without notice at any time.
Our website transacts in Australian Dollars ($AUD). Our website accepts payments using Visa, MasterCard, Afterpay, and PayPal. Once your payment method has been validated, upon clicking “Place Order” we will debit the funds from your nominated form of payment immediately for the full order amount.
Palms Off Gaming will not be held liable for loss of funds resulting from currency conversion during the process of issuing a refund or store credit, for any reason, in currencies other than AUD.
We may from time to time offer promotional discount codes which may apply in respect to any or specified purchases made through this Website. The conditions of use relating to any discount code will be specified at the time of issue. Due to system limitations, individual discount codes may not be used in conjunction with any other offer, unless specified at the time of issue.
DISCLAIMER OF LIABILITY
The material displayed on this Website is provided without any guarantees, conditions or warranties as to its accuracy. Unless expressly stated to the contrary to the fullest extent permitted by law, Palms Off Gaming and its suppliers, content providers and advertisers hereby expressly exclude all conditions, warranties and other terms which might otherwise be implied by statute, common law or the law of equity and shall not be liable for any damages whatsoever, including but without limitation of any direct, indirect, special, consequential, punitive or incidental damages, or damages for loss of use, profits, data or other intangibles, damage to goodwill or reputation, or the cost of procurement of substitute goods and services, arising out of or related to the use, inability to use, performance or failures of this Website and any materials posted thereon, irrespective of whether such damages were foreseeable or arise in contract, tort, equity, restitution, by statute, at common law or otherwise. This does not affect Palms Off Gaming’s liability for death or personal injury arising from its negligence, nor for fraudulent misrepresentation, or any other liability which cannot be excluded or limited under applicable law.
LINKING TO THIS WEBSITE
You may link to our Website, provided you do so in a way that is fair and legal and does not damage or take advantage of our reputation. You must not establish a link in such a way to suggest any form of association, approval or endorsement where none exists.
You must not establish a link from any website that is not owned by you.
This Website must not be framed on any other site. We reserve the right to withdraw linking permission without notice.
LINKS FROM THIS WEBSITE
If we link to other third-party websites, we take no responsibility for the content of, and make no representations as to the accuracy of these websites.
You agree to indemnify, defend and hold harmless Palms Off Gaming Pty Ltd, its directors, employees, contractors, agents and affiliates, from any and all third-party claims, liability, damages and/or costs (including, but not limited to, legal fees) arising from your use of this Website or your breach of these Terms of Service.
Palms Off Gaming shall retain the right at its absolute discretion at any time and without notice to amend, remove or vary the Services and/or any page of this Website.
We operate an established handling procedure which we use to try and resolve disputes when they first arise. Please submit a contact form enquiry via our Contact Us page to let us know if you have any concerns or comments.
If you breach any of these conditions, failure by us to take action will not constitute a waiver of our rights and remedies arising from that breach and we reserve our entitlement to enforce our rights and remedies in relation to that breach or any other situation where you commit a breach of these Terms of Service. Any waiver of any provision of the Terms of Service will be effective only if it is in writing and executed by Palms Off Gaming.
GOVERNING LAW AND JURISDICTION
These Terms of Service are to be interpreted in accordance with the laws of Victoria, Australia and in the event of any dispute or claim associated with these Terms of Service, that dispute or claim shall be subject to the exclusive jurisdiction of Victoria, Australia.
Any provision in these Terms of Service which is invalid or unenforceable in any jurisdiction is to be read down for the purpose of that jurisdiction, if possible, so as to be valid and enforceable, and otherwise must be severed to the extent of the invalidity or unenforceability, without affecting the remaining provisions of these Terms of Service or affecting the validity or enforceability of that provision in any other jurisdiction.
The above Terms of Service constitute the entire agreement of the parties and supersede any and all preceding and contemporaneous agreements between you and Palms Off Gaming.
Policy updated: 22/01/2024