Terms & Conditions

General Terms & Conditions

Product Terms

Specification of products on the website are subject to change without notice
Dimensions are approximate only and are subject to variation
Computer generated images of products in the various configurations and covers are for indicative purposes only. Whilst all efforts are made for accurate representation of the real product, the product appearance and colour may differ. Therefore we recommend that you view a physical sample of the relevant product prior to placing your order
Actual product colours may vary, due to different device screen settings or the lighting in the installation of your location. Devices are not calibrated equally and colour reproduction on the Internet is not precise. Choose carefully with this in mind before purchasing.

Pricing Terms

Products are quoted inclusive of GST
Your order payable to Nick Scali does not include delivery. Delivery charges are additional and to be paid to the driver via Debit Card or Credit Card on the day of delivery. Surcharge may apply.
We reserve the right to decline any orders that have been placed on the website that may contain errors
Savings are off the prior selling price on selected items. Excludes floor stock, discontinued lines, leather & fabric accidental damage warranties, care kits, delivery charges and 'P Collection' sale items.

Payment Terms and Conditions

We currently accept payment by Visa, MasterCard, American Express and BPay for orders placed online and instore
Debit payments and financing are available in showrooms only
All card payments (debit and credit) online and credit card payments in showrooms will incur a 1% surcharge applied to cover costs the customers bank charges. These charges apply automatically online when you proceed to the checkout or pay the balance of your order
You authorise us to debit the amount that is payable in respect of an accepted order from you in accordance with your nominated payment method
You must not pay, or attempt to pay, for a Product using any fraudulent or unlawful means
Your nominated payment method may trigger fraud prevention protocols. In the event that this occurs, we may contact you to confirm additional details, or cancel the transaction
To the extent permitted by law, we (and our assignees) exclude all liability for any loss or damage suffered or incurred by you (whether directly or indirectly) where a credit card is used fraudulently or in an unauthorised manner
We will endeavour to process online payments within a reasonable time. We would typically expect to process payments within five business days
You are required to pay a deposit of at least 35% on your purchase, at the time of purchase, either in store or online.

Order Variation and Cancellation

Orders may be varied or cancelled within 2 days from the date of order. A cancellation fee of $45 will apply.
Orders may not be varied after 2 days from the date of order.
Cancellation of order beyond the 2nd day from the date of order will forfeit all deposit monies paid.

Conditions of Sale and Warranty Information

Delivery

The following applies if you elect for a carrier arranged by us to deliver the goods (Carrier) instead of collecting or arranging your own collection and/or delivery of the goods:

It is important that someone is at home to receive delivery of your purchase on the designated day. No specific time of delivery can be provided. A four-hour time frame will be advised but cannot be guaranteed.
The Nick Scali premium delivery and assembly fees are payable separately to the Carrier at the time of delivery by Debit Card or Credit Card, surcharges may apply. Delivery fees outside of the metropolitan area will be quoted upon request. Additional delivery fees may be incurred, please see collection and delivery advice for further information.
The outstanding balance on your purchase must be paid prior to delivery. Delivery drivers are paid separately at the time of delivery.
1. Prior to delivery: Payments may be made either a) in store at least 5 business days prior to delivery; b) online via credit card or any other payment method available on our website at www.nickscali.co.nz when placing your order; or c) by BPAY prior to delivery. Please note, any payment by BPAY must be received five business days, (Mon-Fri) before 6pm, prior to scheduled delivery date. BPAY Biller Code and Reference is listed on your receipt.
2. Upon delivery: At time of delivery, personal or company cheques will NOT be accepted. Drivers can accept payments of the delivery fee at time of delivery via EFTPOS or Credit Card (surcharges may apply). For security reasons, drivers cannot accept cash payments.
3. If the balance is not paid prior to delivery, you may experience delays in the delivery of your order and an additional charge, including GST, will be payable to the Carrier upon re-delivery of the goods (see (f) below).
It is important that sufficient access is available to deliver the goods you have purchased. In cases where the goods need to be disassembled additional charges will apply. Lounges that need to be disassembled and reassembled will incur a minimum cost of $250 including GST plus any additional redelivery fees if the lounge delivered needs to be returned to the Distribution Centre. To avoid re- delivery fees please advise our Despatch Department in advance of any access problems.
Once arrangement for a delivery day is confirmed, there will be a re-delivery charge if no person is at the delivery address on the day of delivery or the delivery is cancelled by the customer on day of delivery.
In the event of a re-delivery due to reasons above in paragraphs (c), (d) or (e) an additional delivery fee will apply in respect of such re-delivery on top of the original delivery fee. Re-delivery outside the relevant metropolitan area will incur higher redelivery fees (quoted on request).
When receiving goods, please inspect thoroughly before signing “Received in good order” as otherwise any claims for scratches, marks, dents or other visible damage will not be accepted.
If you fail to collect or take delivery of goods after 21 days from the date of contact by our Despatch Department, we will treat this as a request by you to cancel the Sales Order and you will forfeit all deposit monies paid.
We make no representations about the Carrier other than those contained in this Sales Order, and we are not responsible for any acts or omissions of the Carrier, including its negligence.
The disposal of packing and wrapping materials are the responsibility of the customer packing and wrapping materials are your responsibility and will be left at the premises (delivery address).
All quoted delivery period on order is only approximate and delays of up to 3 weeks beyond the quoted delivery period may occur.
In the event of any property damage during the delivery of your furniture, please contact our delivery support team within 24 hours by calling 0800 642 572.

Collection of Goods

The following applies if you elect to collect or arrange your own collection and delivery of the goods:

We will not accept claims for scratches, indentations, marks, missing colour, or any other visible damage once you have collected the goods from our Distribution Centre. It is important that you inspect the goods thoroughly before taking the goods and signing that the goods were received in good order.
If collecting goods from our Distribution Centre, you must contact our Despatch Department 48 hours prior to pick up and make an appointment. The contact details are on the front of this Sales Order.
Payment must be made in full at least 48 hours prior to collection of goods. Payments may be made i) by credit card in store 48 business hours prior to pick up (surcharges may apply); ii) by BPAY; or iii) online via BPAY, credit card or any other payment method available on our website at www.nickscali.co.nz. When placing your order, please note, any payment by BPAY must be received two weekdays, (Mon-Fri) before 6pm, prior to scheduled collection date. BPAY Biller Code and Reference is listed on your receipt.
Upon collection of goods an original Sales Order & Payment Receipt must be presented.
Our Occupational Health & Safety policies prohibit our staff from lifting furniture outside our warehouse. Please make sure you have sufficient help to carry and load furniture from our warehouse to your vehicle.
Collection of goods must be made by appointment only. Pick-up hours and additional information can be found at www.nickscali.co.nz/delivery-fees

Consumer Guarantees

Nick Scali provides the original purchaser of this product a guarantee against defects in workmanship and materials as well as guarantees that cannot be excluded under the Consumer Guarantees Act 1993. The guarantee period will vary on product components and are listed below. It is important to note the warranty commences from the date of your original Tax Invoice.

You are entitled to a replacement or refund for a major failure and for compensation for any other reasonably foreseeable loss or damage. You are also entitled to have the goods repaired or replaced if the goods fail to be of acceptable quality and the failure does not amount to a major failure. Full details of your consumer rights may be found at www.consumerprotection.govt.nz.

If, during the warranty period, a defect caused by faulty workmanship or materials appears, Nick Scali or a designated third-party appointed by Nick Scali, may perform an in-home inspection to determine if a manufacturing fault exists.

Warranty Against Defects

Our warranties against defects and remedies under these warranties are in addition to other rights and remedies of the purchaser under the Consumer Guarantees Act 1993. Should your product be defective, you may choose to make a claim under the Consumer Guarantees Act 1993 or the Nick Scali Warranty Against Defects.

Warranty Periods

Unless otherwise specified in writing by Nick Scali (e.g. in a Sales Order), Nick Scali Limited warrants that:

the frame used in each Nick Scali lounge is guaranteed against failure due to a manufacturing defect for its lifetime;
The electronic and motion components for all recliners and sofa beds (excluding batteries and transformers) are guaranteed against failure due to a manufacturing defect for a period of 2 years from date of purchase;
All components of your product other than a and b above (including leather, fabric, lacquered and other timber finishes, chrome and metal, glass and marble, travertine and macstone) are guaranteed against failure due to a manufacturing defect for a period of 2 years from date of delivery;
Unless otherwise specified in writing by Nick Scali (e.g.in a Sales Order) and subject to the other terms of this express warranty, Nick Scali warrants that any Lithium Ion Battery Pack and transformer supplied by Nick Scali to you (Battery Pack) will be free from manufacturing defects (Express Battery Warranty) for a period of 12 months from the date of purchase (Express Battery Warranty Period). To be entitled to claim under this Express Warranty, the defect in the Battery Pack must appear within the Express Battery Warranty Period;
If a product is replaced during the Warranty Period, the guarantee period for the replacement product expires on the same date as the Original Tax Invoice Date.

To be entitled to claim under the Nick Scali warranty against defects, the defect in the part or product must appear within the relevant time period set out in items a, b, c and d above.

Exclusions (subject to the Consumer Guarantees Act 1993)

To the maximum extent permitted by law, and subject to the Consumer Guarantees Act 1993, Nick Scali Limited is not liable, whether in contract, tort (including negligence), under any statute or otherwise, for or in respect of normal wear and/or the cost of transporting the Product to and/or from the specified place of repair or replacement. In this regard, please note that the following may occur as a result of natural and normal usage:

leathers and fabrics will fade and crease;
foam and fillings will soften and form the shape of the user over time;
depending on the covering and the degree of use, the covering materials, cushion fillings and suspension may need to be replaced periodically at the purchaser’s expense;
scars, marks and differing pore density and colour are natural characteristics of leather;
the leather and fabric products are upholstered by hand and therefore, the size and weight of these products may have minor variations of up to 5% from the sample products or from any product specifications you have been quoted;
damage caused by spills such as acid, solvents, dyes or other corrosive materials, ink, paint, or bodily fluids;
damage caused by improper cleaning, negligence, treatment of the product with chemicals, exposing the product to the sun, extreme heat or bright light such as lamps, or otherwise caused by your acts and/or omissions.
the failure of the purchaser to take reasonable steps to prevent the product from becoming of unacceptable quality and damage that occurs as a result of such abnormal use. This includes damage that occursas a result of the failure of the purchaser to care for the product in the manner described in your lounge booklet.

Please also refer to ‘Caring for Your Furniture’ below.

The warranty against defects is not transferable. It is limited to the original purchaser specified in the original Sales Order. The warranty against defects only applies to products that are used for normal domestic purposes and excludes products used for commercial purposes.

Exclusions from Express Battery Warranty (separate to the Consumer Guarantees Act 1993)

To the maximum extent permitted by law, Nick Scali Limited is not liable under this Express Battery Warranty for or in respect of:

any defect that is unrelated to the condition of the Battery Pack at the time it was supplied to you, including damage or faults caused by: improper transportation, storage or installation of the Battery Pack after the date of purchase; modification, alteration, disassembly or attempted repair of the Battery Pack by a person other than, or authorised by, Nick Scali; external influences during the life of the Battery Pack, such as fire, water damage or power surges in a premises;
the failure of the Battery Pack to operate on a single charge for any length of time before it requires recharging. Because of many variables, such as the nature and use of the recliner in which the Battery Pack is installed, Nick Scali is unable to guarantee that the Battery Pack will operate for any particular period before it requires recharging;
minor issues in the Battery Pack which do not substantially interfere with the ordinary use of the Battery Pack for powering recliner movements. For example, if the Battery Pack is fitted with a LED indicator (which emits particular lights when it is operating or charging), the failure of the indicator to emit any lights does not amount to a manufacturing defect for the purposes of this Express Battery Warranty;
any damage or faults caused by the failure to use the Battery Pack in accordance with the care instructions here, or the failure to take reasonable steps to prevent the problem, or abnormal use of the Battery Pack (including use beyond the 12 month lifetime period of the Battery Pack); and
any loss or damage suffered by you or any other person in connection with the goods which are not expressly covered by this Express Battery Warranty including, but not limited to, indirect and consequential loss (subject to any other rights you may have at law).

This Express Battery Warranty is not transferable. It is limited to the original purchaser specified in the original Sales Order.

This Express Battery Warranty only applies to the Battery Pack if it is used for normal domestic purposes and excludes Battery Packs used for commercial purposes.

How to claim a warranty against defects

To claim under these warranties against defect, the Purchaser:

must cease using the product immediately after the defect appears; and,
notify Nick Scali within 7 days after the defect appears, and
provide Nick Scali a copy of the original Sales Order or tax invoice
To make a claim, you can lodge a service ticket on this website or telephone our service department of Nick Scali Ltd (Triniti 2, 39 Delhi Road, North Ryde NSW 2113) on 0800 642 572 and follow the prompts.
Once a claim has been lodged with our service department, Nick Scali will assess your claim, and respond within 10 business days.
The Purchaser must bear the expense of making the claim, and the cost of all freight, house calls, labours and other items. These will be charged to the Purchaser at standard Nick Scali rates.

Responsibility for returning Nick Scali Goods

You are responsible for returning the goods to Nick Scali at your expense in the circumstances which you have picked up the goods or agreed upon by you or a Nick Scali representative.

However, if the item is faulty and/or the cost to return, remove or transport the goods will be significant to you and you have paid any delivery/service expenses in full, then Nick Scali must arrange for the goods to be collected from you, within a reasonable time and at the expense of Nick Scali.

Remedies for warranty against defects

If a part or product is determined by Nick Scali to have a manufacturing defect, Nick Scali will, at the election of Nick Scali, choose whether to repair or replace that part or product.

Under the Nick Scali warranty against defects, the purchaser has the right to repair or replacement of the defective part or product only.

To the maximum extent permitted by law, unless expressly set out in these warranties against defect, and subject to any condition, warranty or right granted or implied under the Consumer Guarantees Act or any other law which cannot by law be excluded by agreement, Nick Scali Limited has no liability to the purchaser under the warranty against defects (other than repair or replacement of the defective part or product), whether in contract, in tort (including negligence), under any statute or otherwise, for any loss or damage of any kind suffered by you or any other person in connection with the goods including, but not limited to, indirect and consequential loss.

Right to Cancel this Sales Order

Nick Scali Limited mainly imports goods from overseas suppliers which, in rare cases, may not supply the goods you have ordered. If this or an ‘act of god’ or nature or other event outside our control prevents us from providing your goods, we may cancel your order and refund your deposit without any liability to you whatsoever.

If a Force Majeure Event occurs, Nick Scali Limited may be prevented, hindered or delayed in or from performing its obligations. If this is the case, Nick Scali will not be liable for non-performance of its obligations (other than an obligation to refund your deposit) to the extent that its performance is impacted by the Force Majeure Event.

Force Majeure Event means any circumstance or event which is beyond the reasonable control of a party, including any act of God, riot, war, civil unrest, flood, epidemic or pandemic, earthquake, fire, lightning, storm, or similar event.

General

Title in any goods passes to you on receipt by us of payment in full and risk passes to you on delivery or collection of the goods from our Distribution Centre or stores.
In the event of any conflict between these terms and those which may be included in, or implied by, any document forming part of a purchaser enquiry, specification, order or contract, then these terms shall prevail.
Subject to our privacy policy, we will use any personal information provided by you to enable us to process your purchase and communicate with you about our products. Please advise us if you do not wish to be contacted by Nick Scali Limited in this way
We will use reasonable endeavours to provide delivery of the goods in accordance with the dates booked. In no event will we be liable to you for any delay in the delivery of the goods and any such delay does not entitle you to terminate this agreement.
This document shall be construed in accordance with and governed by the laws of NSW.

Nick Scali Products & Consumer Guarantees Act 1993

Nick Scali goods come with guarantees that cannot be excluded under Consumer Guarantees Act 1993. You are entitled to a replacement, refund for a major failure and for compensation for any other reasonably foreseeable loss or damage. You are also entitled to have the goods repaired or replaced if the goods fail to be of acceptable quality and the failure does not amount to a major failure.

The guarantees under the Consumer Guarantees Act 1993 are in addition to any warranty against defects you are given (please refer to the Nick Scali Warranty Against Defects page for more information). Should your product be defective, you may choose to make a claim under Consumer Guarantees Act 1993 or the Nick Scali Warranty Against Defects.

Summary of New Zealand Statutory consumer guarantees

The Consumer Guarantees Act 1993 applies the following consumer guarantees to all goods you purchase from Nick Scali:

The goods will be of acceptable quality;
The goods will be fit for a particular purpose;
The goods will match their description;
The goods will match the sample or demonstration model;
Any express warranties provided by Nick Scali are satisfied;
You have title to the goods;
You have undisturbed possession of the goods;
There are no undisclosed securities on the goods;
Spare parts and repair facilities will be available for a reasonable time after purchase (unless you were advised otherwise at time of purchase).

Consumer Guarantee Remedies

If you have a "minor problem" with a Nick Scali product, Nick Scali can, at its cost, choose to repair the product instead of replacing it or refunding you.

If you have a "major problem" with a Nick Scali product, you have the right to choose whether to reject the goods (and either choose a refund or a replacement) or to ask for compensation for the drop in value below the price you paid.

Major Failure

For goods, there is a “major failure” to comply with a consumer guarantee when:

you would not have purchased the product if you had known about the problem; or
the product is significantly different from the description, sample or demonstration model you were shown; or
the product is substantially unfit for its normal purpose and cannot easily be made fit within a reasonable time; or
the product is unsafe.

If there is a “major failure” of a Nick Scali product, you can choose to:

return the goods to us and ask for a refund; or
return the goods to us and ask for a replacement; or
keep the goods and ask us for compensation for the difference in value from either the supplier or the manufacturer.

Minor Failure

A "minor failure" is something that is not a "major failure". It can be fixed in a reasonable period of time. If your Nick Scali product is subject to a "minor failure", Nick Scali can choose to:

repair the Nick Scali product at no cost to you; or
refund you.

if Nick Scali fails to give you a free repair within a reasonable time or cannot fix your problem, you can:

get it done elsewhere and pass on the cost to Nick Scali; or
ask for a replacement; or
ask for a refund; or
recover compensation from Nick Scali for the drop in value below the price you.

Exceptions to Guarantees

Consumer guarantees do not apply if you:

received what you asked for but simply changed your mind, found it cheaper somewhere else, decided you did not like the purchase or had no use for it;
misused a product in any way that caused the problem; or
knew of, or were made aware of, the faults before you bought the product.

For further information about the Consumer Guarantees Act 1993 and consumer guarantees, visit www.consumerprotection.govt.nz

It is important that all your furniture, from lounges to dining chairs are cared for following the instruction provided in the lounge booklet provided to you at the point of sale. Failing to care for your furniture using this guide may result in undesirable damage and void any warranty as per the conditions above. You can download the booklet here.

Caring for Your Furniture

GENERAL CARE

Please ensure that your furniture is used as it was intended. Do not sit on arms of lounges, do not sit or stand on table tops, and do not pivot on the back legs of chairs.

SUNLIGHT

As with any product, prolonged exposure of furniture to direct sunlight will harm it. Direct exposure to sunlight will cause leather and fabrics to fade and may also cause excessive drying. Direct exposure to sunlight will cause timber products, particularly doors, tops and side panels to warp.

LEATHER UPHOLSTERED FURNITURE

Please refer to the Lounge Booklet provided to you at time of order. This booklet contains comprehensive details on caring and cleaning of leather lounges, natural characteristics of leather, normal wear and tear of leather lounges and other important information. The information provided in this booklet forms part of this document relating to leather lounges.

FABRIC UPHOLSTERED FURNITURE

If thread becomes loose on the fabric, simply cut it off. Do not pull it. Dust is best removed using your vacuum cleaner with the appropriate attachment. Avoid harsh brushing and sharp objects (rings, buckles, toys) as it will cause snagging of threads. Do not allow cats and dogs to walk on fabric upholstered furniture. As many fabrics differ in properties, it is best to follow the unique care and cleaning instructions labelled on your fabric furniture.

LACQUERED AND TIMBER FINISHES

Natural timber and veneer finishes will show distinctive markings, patterns and colour variations which are evidence of being produced from genuine timber materials. Always use protective heat coverings to protect against hot objects. A tablecloth is not sufficient. Always use coasters when placing glasses, bottles or cups on the surface. Regularly clean surface by wiping with a non abrasive, damp cloth.

MARBLE, TRAVERTINE AND MACSTONE FINISHES

Marble and Travertine are natural materials. Each piece is unique in markings and patterns and colour variation. Always use protective heat coverings to protect against hot objects. A table cloth is not sufficient. Always use coasters when placing glasses, bottles or cups on the surface. Any liquid spills should be wiped clean immediately. Remove dirt and dust by wiping with a warm, damp cloth.

CHROME & METAL FINISHES

Dust the surface regularly to avoid build up of pollutants, which may cause the surface to rust. Only use a recognized brand of chrome polish, if necessary. Avoid contact with sharp or hard objects as this will cause scratching.

GLASS

Use a regular glass cleaner with an appropriate soft cloth for glass. Do not apply glass cleaner to surrounding areas or the frosted side of the glass. Always use a mat to avoid hot objects being in direct contact with glass. Avoid contact with sharp or hard objects as this will cause scratching. Never lift glass tops from the ends of a table as this will put unnecessary stress on the surface and may cause it to break

BATTERIES

The lifetime of any Battery Pack supplied with our products is 12 months from the date of purchase. We strongly recommend that you replace and do not use the Battery Packs for longer than 12 months after the date of purchase – doing so presents an increased safety hazard, including the increased risk of fire. Battery care instructions can be found here.

Promotions & Offers

M Collection

^When you buy 2 or more items (components) from the same collection at the same time. The Accidental Damage Warranty forms part of a lounge collection.
+When items (components) purchased individually from the same collection.

The advertised discount applied to these prices apply only if the customer purchases TWO or more items from this same collection at the same time and is calculated based on the price of the separate items if purchased individually. Delivery of these items is required. Additional delivery fees apply. Not available in conjunction with any other promotion.

Promotions

*Savings are off the prior selling price on selected items. Excludes floor stock, discontinued lines, leather & fabric accidental damage warranties, delivery charges, care kits and 'P Collection' sale items.

Newsletter, Post-Purchase Survey and Review - Competition Terms & Conditions

Instructions on how to enter form part of the conditions of entry. By participating entrants agree to be bound by these conditions.
The promoter is Nick Scali (Promoter).
Entry is open to anyone in Australia and New Zealand (Eligible Entrants) for the duration of the Terms of this contest.
1 total entrants will be drawn out of the pool of submissions and classified the winners (Winners).
The Promoter reserves the right to verify the validity of entries and to disqualify any entrant who the promoter believes either has tampered with the entry process or has submitted an entry that is not in accordance with these conditions of entry.
Terms
- The Eligible Entrants submission must fulfil the Criteria to be considered a valid entry
- There can be no more than 1 winner per quarter (Winners).
- The winner will receive one physical Voucher valued at $2000
  - The voucher is not redeemable for cash.
- To enter the competition a user could do one of the following three options below. This is also detailed in the competition Entry (Criteria)
- The contest opens on the 1^st of every quarter and closes at 11.59pm (AEST) on the last day of the quarter. (Promotion Period).
- Any entrant who enters the competition using multiple email addresses will be disqualified.
- The winner will be notified via email on the second week of every quarter.
- By entering this competition, entrants agree to be contacted for marketing, sales and promotional purposes.
Entry (Criteria)
- There are three entry options for the competition. An entrant could be a person who as entered following the entry criteria of option one and/or option two and/or option three. Entry option one is as follows:
- Entry option two is as follows:
- Entry option three is as follows:
Prize
- The Winners will win 1 x $2000 physical voucher.
- To claim the prize the Winner will need to reply within 7 business days with an acceptance of the prize via the contact details provided in their Entry. If response is not received within 7 days business days from the date of email, the prize will be forfeited.
- The Prize will be awarded to each Winner as a physical voucher, which will require the Winner’s contact details to be submitted in order to post the physical voucher.
- The Prize will be redeemable at any Nick Scali showroom (excluding Nick Scali Clearance Outlets).
- The Winners will still need to adhere to any Terms and Conditions on any order placed with Nick Scali when redeeming the voucher, such as the requirement to pay delivery drivers upon delivery of their furniture and place a 35% deposit on any order.
- The prize is only valid for 12 months. Subsequent to the 12 month period the voucher will become invalid.

Disclaimer
- All entries become the property of the Promoter. The Promoter’s decision is final and no correspondence will be entered into. No responsibility is accepted for entries not received by the promoter. Entries will be deemed void if stolen, forged, mutilated or tampered with in any way.
- The Promoter will arrange for delivery of the prize to the Winner.
- The Promoter reserves the right to redraw a prize in the event of an entrant failing to comply with these terms and conditions or forfeiting or not claiming the Prize two weeks from the date of the winner being emailed. If a prize remains unclaimed by that date, a second draw will be made.
- Any costs associated with entering the competition and accessing the competition are the responsibility of the entrant.
- The Promoter assumes no responsibility for, and the entrant releases the Promoter from responsibility for, any failure to receive an entry or for inaccurate information or for any loss, claim, damage or injury to person or property (including computer, and other device, systems and servers) as a result of the entrant’s participation in this promotion or the conduct of the promotion generally or as a direct or indirect result of an entrant’s error, any technical problem of any kind including communications or network failure, unauthorised access to, transferring or theft of data, whether caused by the entrant or associated with the equipment or programming used in the conduct of this promotion. If, because of any such problem, this promotion is not able to be conducted as planned and/or the promotion’s administration, security, fairness or integrity are compromised or affected, the promoter may (where necessary with the approval of the relevant Department) cancel, terminate, modify or suspend the promotion and/or disqualify any entrant involved in interfering or tampering with the conduct of this promotion in any way.
Liability
- These terms and conditions do not, nor do they purport to, limit, exclude or modify any non-excludable statutory guarantees as provided under the Competition and Consumer Act (2010), or any other warranties (whether express or implied) under any state or federal legislation which cannot be excluded.
- Except for any liability that cannot by law be excluded, the promoter (including its respective officers, employees and agents) excludes all liability (including negligence), for any personal injury; or any loss or damage (including loss of opportunity); whether direct, indirect, special or consequential, arising in any way out of the promotion.
- To the fullest extent permitted by law and without limiting any other conditions of entry, the promoter may, in its discretion, terminate, modify or suspend the promotion, subject to any directions given by any relevant authority. All entrants participating in the promotion at the point of termination, modification or suspension of the promotion will be notified by the promoter in writing. In the event of modification or suspension of the promotion, the entrant may choose to terminate their participation in the promotion at no cost.
- Details from all entries will be collected and used for the purposes of conducting this promotion (which may include disclosure to third parties for the purpose of processing and conducting the promotion) and for publicity purposes surrounding this promotion. By entering this promotion entrants consent to the use of their information as described. The promoter will only use your personal details for marketing purposes outside those described above if you “opt in” to join the mailing list when prompted.