Except where to do so would otherwise cause any part of these Terms to be illegal, void or unenforceable, Prize Digital:
- excludes all conditions and warranties implied into these Terms;
- to the fullest extent permitted by applicable law, is not liable to you or anyone else for any loss or damage, however caused (including negligence), which may be directly or indirectly suffered, in connection with use of this website; and
- excludes liability (whether that liability arises under contract, tort (including negligence) or statute)) for any special, indirect or consequential loss or damage (including without limitation loss of revenue and loss of, or damage to, data) suffered or incurred in connection with this website.
Terms and Conditions of use and sale
The following Terms and Conditions apply to sales made on the Prize Digital website only.
In these Terms and Conditions, the following words and phrases shall have the following meanings:
‘Buyer’ means the person, firm or company who purchases the goods from Prize Digital
‘Company’ means Prize Digital
‘Contract’ means the contract between the Company and the Buyer which shall incorporate these Terms and Conditions
‘Goods’ means any goods agreed in the accepted order form to be supplied by the Company to the Buyer
‘Place of Delivery’ means the place to which the goods are to be delivered
The terms ‘Company’, ‘Prize Digital’, ‘prizedigital.com.au’ may be interchangeable in this document. They all mean Prize Digital.
In these Terms and Conditions, reference to any statute or statutory provision shall be construed as a reference to such statute or statutory provision as amended, modified, re-enacted or replaced from time-to-time.
Conditions Relating to Your Use of Prize Digital
2. Your Account
If you use the website, you are responsible for maintaining the confidentiality of your account and password, and for restricting access to your computer to prevent unauthorised access to your account. You agree to accept responsibility for all activities that occur within your account or with your password. You should take all necessary steps to ensure that your password is kept confidential and secure and you should inform us immediately if you have any reason to believe that your password has become known to anyone else, or if the password is being, or is likely to be, used in an unauthorised manner.
Please ensure that the details you provide us with are correct and complete, and inform us immediately of any changes to the information that you provided when registering. You can access and update much of the information you provided us with in the ‘My Account’ area of the website or by emailing Prize Digital.
Prize Digital reserves the right to refuse access to the website, terminate accounts, remove or edit content, or cancel orders at our discretion. If we cancel an order, it will be without charge to you.
On occasion, we do request customers for some additional information such as IDs for security reasons. The whole purpose of this exercise is to provide protection to both the customer and the company.
**In case, you are not very comfortable with providing the requested information, please feel free to cancel this order by calling our call centre numbers or by e-mailing us and re-order it using the Direct Deposit payment option on the website.
4. Access to prizedigital.com.au
In order to maintain website reliability and integrity, maintenance works may need to take place regularly. Such works may affect your site usage, and may interrupt your access to the website. We will do our best to ensure that availability of the website will be uninterrupted and that transmissions will be error-free. However, due to the nature of the Internet, this cannot be guaranteed. Your access to the website may also be occasionally suspended or restricted to allow for repairs, maintenance, or the introduction of new facilities or services.
5. License for website access
This site and its web content, which includes but is not limited to, text, photographs, icons and all other images, are protected by copyright. Any copying, reproduction or adaptation of such copyright works for commercial purposes is strictly prohibited unless prior written authorisation is obtained from Prize Digital.
Prize Digital grants you a limited license to access and make personal use of this website, but not to download (other than page caching) or modify it, or any portion of it, except with expressed written consent from the Company. This license does not include any resale or commercial use of this website or its contents; any collection and use of any product listings, descriptions, or prices; any derivative use of this website or its contents; or any use of data mining, robots, or similar data gathering and extraction tools.
You may not frame or use framing techniques to enclose any trademark, logo, or other proprietary information (including images, text, page layout or form) of Prize Digital’s without expressed written consent. You may not use any meta-tags or any other “hidden text” using Prize Digital’s names or trademarks without obtaining written authorisation from Prize Digital. Any unauthorised use terminates the permission or license granted by Prize Digital.
6. Your conduct
You must not use the website in a way that causes, or is likely to cause, the website, or access to it, to be interrupted, damaged or impaired in any way.
You understand that you, and not Prize Digital, are responsible for all electronic communications and content sent from your computer to us and you must use the website for lawful purposes only.
You must not use the website for any of the following:
for fraudulent purposes, or in connection with a criminal offense or other unlawful activity.
to send, use or reuse any material that is illegal, offensive, abusive, indecent, defamatory, obscene or menacing; or in breach of copyright, trademark, confidence, privacy or any other right; or is otherwise injurious to third parties; or objectionable; or which consists of or contains software viruses, political campaigning, commercial solicitation, chain letters, mass mailings or any “spam”.
to cause annoyance, inconvenience or needless anxiety.
7. Comments, communications and other content
If you do post content or submit material, and unless we indicate otherwise, you grant Prize Digital a non-exclusive, royalty-free, perpetual, irrevocable, and fully sub-licensable right to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, and display such content throughout the world in any media. You grant Prize Digital the right to use the name that you submit in connection with such content, if we choose. You exercise your right to be identified as the author of such content and your right to object to derogatory treatment of such content. You agree to perform all further acts necessary to waive any of the above rights, including the execution of deeds and documents, at the request of Prize Digital.
You own or otherwise control all of the rights to the content that you post provided that, at the date the content or material is submitted to Prize Digital: (i) the content and material is accurate; (ii) use of the content and material you supply does not breach any applicable Prize Digital’s policies or guidelines and will not cause injury to any person or entity (including that the content or material is not defamatory). You agree to indemnify Prize Digital for all claims brought by a third party against DWI or its affiliates, arising out of, or in connection with, a breach of any of these Terms and Conditions.
8. Defamation claims
Since Prize Digital lists thousands of products for sale on the website and hosts reviews submitted by customers, it is not possible for us to be aware of the contents of each product listed for sale, or each comment or review that is displayed. Accordingly, Prize Digital operates on a “notice and take-down” basis. If you believe that any content or advertised sale on the website contains a defamatory statement, please notify us immediately by following our Notice and Procedure for Notifying of Defamatory Content. Once this procedure has been followed, Prize Digital will make all reasonable endeavors to remove the defamatory content within a reasonable time.
9. Copyright and database rights
All content included on the website, such as text, graphics, logos, button icons, images, audio clips, digital downloads, data compilations, and software, is the property of Prize Digital or its content suppliers. The compilation of all content on this website is the exclusive property of Prize Digital. All software used on this website is the property of Prize Digital.
You may not systematically extract and/or re-utilise parts of the contents of the website without Prize Digital’s expressed written consent. In particular, you may not utilise any data mining, robots, or similar data gathering and extraction tools to extract (whether once or many times) for re-utilisation of any substantial parts of this website, without Prize Digital’s expressed written consent. You also may not create and/or publish your own database that features substantial (e.g. our prices and product listings) parts of this website without Prize Digital’s expressed written consent.
10. Copyright claims
Prize Digital respects the intellectual property of others. If you believe that your work has been copied in a way that constitutes as copyright infringement, please follow our Notice and Procedure for Making Claims of Copyright Infringement.
All trademarks not owned by Prize Digital that appear on this website are the property of their respective owners, who may or may not be affiliated with, connected to, or sponsored by Prize Digital.
Conditions Relating to the Sale of products to You From Prize Digital
12. The contract
The contract shall be based on these Terms and Conditions to the exclusion of all other terms and conditions, including any such terms and conditions that are purported to be included or applied by the buyer.
No terms and conditions contained in the confirmation of order, purchase order or other document of the buyer will form part of the contract.
When you place an order to purchase a product from Prize Digital, we will send you an e-mail confirming receipt of your order and containing the details of your order. Your order represents the purchase of a product which is accepted by us when we send e-mail confirmation of a dispatched product (the “Dispatch Confirmation E-mail”). That acceptance will be complete at the time we send the Dispatch Confirmation E-mail to you. Any products on the same order which we have not confirmed in a Dispatch Confirmation E-mail do not form part of that contract.
Please review our Returns Policy, which applies to products purchased from us. Details of this statutory right and an explanation of how to exercise it are provided in the order confirmation e-mail and in the Returns Policy.
14. Pricing and availability
Not all goods are always available, although we do try to keep as much product in stock at all times, but due to unforeseen circumstances sometimes we do run out of stock. Please note that dispatch estimates are just that. They are not guaranteed dispatch times and should not be relied upon as such.
As we process your order, we will try our best and inform you by e-mail if any product/s on your order turns out to be unavailable. If you do not hear from us within the estimated dispatch time mentioned on the product page, we request that you chat to us during business hours and check the status.
In such situations, you may choose to change the product of similar kind of your choice for the price on the website or cancel the order with us for a full refund (if payment has been cleared).
Any dates specified by Prize Digital for delivery of the goods are intended to be an estimate only. If no date is specified for delivery of the goods, delivery shall be within a reasonable time. Subject to the other provisions of these Terms and Conditions, Prize Digital shall not be liable for any loss, whether direct or consequential, economic or loss of profits or otherwise, arising directly or indirectly out of any delay in the delivery of the goods. Nor will any delay entitle the buyer to terminate or rescind the contract unless the delay exceeds 60 days.
16. Risk and ownership of the goods
Risk in the goods shall pass to the buyer upon delivery.
Ownership of the goods shall not pass to the buyer until Prize Digital has received full, cleared funds of the sum due to Prize Digital for purchased goods, and all other sums which are or may become due to Prize Digital from the buyer on any account.
Until ownership of the goods have passed to the buyer, the buyer shall:
hold the goods on a fiduciary basis as the Company’s bailee;
store the goods separately from all other goods in such a way that they remain identifiable as the Company’s property;
not destroy or deface any identifying marks on the goods or packaging;
keep the goods in satisfactory condition, as noted on the Company’s policy, and hold any proceeds that may come from the Company’s insurance in trust and not mix them with any other money
Subject to paragraph 5, payment of the goods shall be due at the time the Order Confirmation Email is sent. Invoices with payment overdue by 7 days or longer may be cancelled by Prize Digital.
Payment shall not be deemed to have taken place until the receipt from the Company has been issued.
Refund made after 60 days from order date, need to cost a 1.1% of refund + AU$0.3 as over-age surcharge.
Refund payment can not be claimed after 6 months from the date of the order
When ordering goods from Prize Digital, overseas deliveries may be subject to import duties and taxes, which are levied once the package reaches the specified destination. Any additional charges for customs clearance must be borne by you, unless otherwise stated in the order confirmation.
Unless stated otherwise, all goods sold by Prize Digital on the website carry a 12 Month Warranty.
If the buyer wishes to make a claim under this warranty, the buyer shall give written notice to Prize Digital or its agents within 30 days of the discovery of the defect and give Prize Digital or its agents reasonable opportunity to inspect the goods in question.
Prize Digital shall not be liable for any damage if the buyer makes any further use of the goods after giving notice, or if they alter or repair the goods without permission from Prize Digital or its agents.
Prize Digital’s liability under the warranty shall be limited to repairing or replacing the goods in question, or refunding the price of such goods.
Please refer to Prize Digital 12 months limited warranty terms and conditions for more details.
Conditions Relating to Both Your Use of Prize Digital and Sales to You
Prize Digital does not sell products to persons under the age of 18, although we do sell children’s products for purchase by adults. If you are under 18, you may use Prize Digital only with the involvement of a parent or guardian.
21. Electronic communications
When you visit Prize Digital or send e-mails to us, you are communicating with us electronically. We communicate with you by e-mail or by posting notices on the website. For contractual purposes, you consent to receive communications from us electronically and you agree that all agreements, notices, disclosures and other communications that we provide to you electronically satisfy any legal requirement that such communications be in writing. This condition does not affect your statutory rights.
22. Losses and Limitation of Liability
The Company’s liability in contract, tort or otherwise arising out of the subject matter of the Contract shall not exceed the total value of the goods delivered under the terms and Prize Digital shall, under no circumstances, be liable to the buyer for any consequential, indirect or economic loss or damages.
Prize Digital will be responsible for any losses you suffer as a result of us breaching these conditions, if the losses were reasonably foreseeable to both you and us when you commenced using the website, or a contract for the sale of goods by us to you was formed. We will not be responsible for any business loss (including loss of profits, revenue, contracts, anticipated savings, data, goodwill or wasted expenditure) or any other indirect or consequential loss that was not reasonably foreseeable to both you and us when you commenced using the website or when a contract for the sale of goods by us to you was formed.
23. Alteration of Service or Amendments to the Conditions
We reserve the right to make changes to our website, policies, and these Conditions of Use and; Sale at any time. You will be subject to the policies of Conditions of Use and; Sale in force at the time that you use the website or when you order goods from us, unless any change to those policies or these conditions is required to be made by law or government authority (in which case it will apply to orders previously placed by you). If any of these conditions are deemed invalid, void, or for any reason unenforceable, that condition will be deemed severable and will not affect the validity and enforceability of any remaining condition.
24. Events beyond our reasonable control (Force Majeure)
We will not be held responsible for any delay or failure to comply with our obligations under these conditions if the delay or failure arises from any cause which is beyond our reasonable control. This condition does not affect your statutory rights.
If either party is subject to an event of Force Majeure, that is circumstances outside of reasonable control (including, but not limited to war, fire, industrial disputes or civil commotion) the other party must be notified and the first party’s obligations under these Terms shall be suspended until the other party is notified that such an event has ended.
If you breach these conditions and we take no action, we will still be entitled to use our rights in any other situation where you breach these conditions.
26. Governing law and jurisdiction
If any part of these Terms and Conditions is found to be void or unenforceable by any Court of competent jurisdiction, such part shall be severed from these Terms and Conditions. They will otherwise remain in full force and effect.
27. Our details
Prize Digital and prizedigital.com.au are the trading names for Prize Digital.