Terms of Service

OVERVIEW 

Welcome to quadclub.com.au (“our website”) which is operated by Nohona Pty Ltd atf the Pontian Unit Trust trading as Quad Club (ABN: 38361881746) 

Throughout our website, the terms (“we”, “us” and “our”) refer to Quad Club. We offer our website, including all information, tools and services available from our website to you, the user, conditioned upon your acceptance of all terms, conditions, policies and notices stated herein. By visiting or using our website and/ or purchasing something from us, you engage in our “Service” and agree to be bound by the following terms and conditions (“Terms of Service”, “Terms”), including those additional terms and conditions and policies referenced herein and/or available by hyperlink. These Terms of Service, together with any other policy in relation to the supply or return of goods that is made available on our website from time to time, form the whole of the agreement between you and us in respect of your use of our website and any purchase of goods or services from us made through our website.

If you do not agree to all the terms and conditions of this agreement, then you may not access our website or use any services. If these Terms of Service are considered an offer, acceptance is expressly limited to these Terms of Service. This website is for your personal use unless otherwise approved by us. These Terms of Service apply to all users of our website, including without limitation users who are browsers, vendors, customers, merchants, and/ or contributors of content. By accessing or using our website or services you also represent that you have legal authority to accept our Terms.

Any new features or tools which are added to the current store shall also be subject to the Terms of Service. You can review the most current version of the Terms of Service at any time on this page. We reserve the right to update, change or replace any part of these Terms of Service by posting updates and/or changes to our website. It is your responsibility to check this page periodically for changes. Your continued use of or access to our website following the posting of any changes

Our store is hosted on Shopify Inc. They provide us with the online e-commerce platform that allows us to sell our products and services to you. 

SECTION 1 – ONLINE STORE TERMS 

By agreeing to these Terms of Service, you represent that you are at least 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 our website. 

You may not use our products for any illegal or unauthorized purpose nor may you, in the use of the Service, violate any laws in your jurisdiction (including but not limited to copyright laws).  You must not transmit any worms or viruses or any code of a destructive nature. A breach or violation of any of the Terms will result in an immediate termination of your Services. 

SECTION 2 – GENERAL CONDITIONS 

We reserve the right to refuse service to anyone for any reason at any time. 
You understand that your content (not including credit card information), may be transferred unencrypted and involve (a) transmissions over various networks; and (b) changes to conform and adapt to technical requirements of connecting networks or devices. Credit card information is always encrypted during transfer over networks. 

You agree not to reproduce, duplicate, copy, sell, resell or exploit any portion of the Service, use of the Service, or access to the Service or any contact on our website through which the service is provided, without express written permission by us. 
The headings used in this agreement are included for convenience only and will not limit or otherwise affect these Terms.

Our website is either owned by us or is licensed to us, this includes all designs, trademarks, logos, business names, images, look and feel of our website. You must not copy or reproduce, transmit or otherwise use the content of our website in any way without express written approval by us. Subject to your compliance with these Terms, we grant you access to our website for the limited purpose of using our website for communicating with us and buying our goods and services.

SECTION 3 – ACCURACY, COMPLETENESS AND TIMELINESS OF INFORMATION 

We are not responsible if information made available on our website is not accurate, complete or current. The material on our website is provided for general information only and should not be relied upon or used as the sole basis for making decisions without consulting primary, more accurate, more complete or more timely sources of information. Any reliance on the material on our website is at your own risk. 

Our website may contain certain historical information. Historical information, necessarily, is not current and is provided for your reference only. We reserve the right to modify the contents of our website at any time, but we have no obligation to update any information on our website. You agree that it is your responsibility to monitor changes to our website. 

SECTION 4 – MODIFICATIONS TO THE SERVICE AND PRICES 

Prices for products on our website are subject to change from time to time without notice to you and are quoted in Australian Dollars.

We reserve the right at any time to modify or discontinue the Service (or any part or content thereof) without notice at any time. 

We shall not be liable to you or to any third-party for any modification, price change, suspension or discontinuance of the Service. 

SECTION 5 – PRODUCTS OR SERVICES
Certain products or services may be available exclusively online through our website. These products or services may have limited quantities and are subject to return or exchange only according to our Warranty, Refund and Exchange Policy detailed in Section 20. 

We have made every effort to display as accurately as possible the colours and images of our products that appear at the store. We cannot guarantee that your computer monitor’s display of any colour will be accurate. 

We reserve the right, but are not obligated, to limit the sales of our products or Services to any person, geographic region or jurisdiction. We may exercise this right on a case-by-case basis. We reserve the right to limit the quantities of any products or services that we offer. All descriptions of products or product pricing are subject to change at any time without notice, at the sole discretion of us. We reserve the right to discontinue any product at any time. Any offer for any product or service made on our website is void where prohibited.

We do not warrant that the quality of any products, services, information, or other material purchased or obtained by you will meet your expectations, or that any errors in the Service will be corrected. 

SECTION 6 – ACCURACY OF BILLING AND ACCOUNT INFORMATION 

We reserve the right to refuse any order you place with us. We may, in our sole discretion, limit or cancel quantities purchased per person, per household or per order. These restrictions may include orders placed by or under the same customer account, the same credit card, and/or orders that use the same billing and/or shipping address. In the event that we make a change to or cancel an order, we may attempt to notify you by contacting the e-mail and/or billing address/phone number provided at the time the order was made. We reserve the right to limit or prohibit orders that, in our sole judgment, appear to be placed by dealers, resellers or distributors.  You agree to provide current, complete and accurate purchase and account information for all purchases made at our store. You agree to promptly update your account and other information, including your email address and credit card numbers and expiration dates, so that we can complete your transactions and contact you as needed.

6.1 Placing Orders and Billing

You may place an order through our website by submitting an online order. Each order you submit will be a separate and binding agreement between you and us with respect to the supply of goods and services in accordance with these Terms.
By completing your order and checking out of our website cart, you agree to pay us the prices as quoted at the time of placing your order, which will be charged to your nominated payment method (where valid and accepted by us). All prices payable under these terms are exclusive of any additional duties or taxes (excluding GST) that may be charged to you according Australian Law. An order submitted by you on our website is an offer by you to purchase for the price (including GST and delivery if applicable). That offer cannot be withdrawn by you without our consent. It is your responsibility to pay any additional duties or taxes (if required) upon completion of your order. In the event that there is a price discrepancy or incorrect price due to typographical error, we will have the right to refuse or cancel any order placed for such product (regardless of if such order has been confirmed or payment received). If your payment has been received and your order is cancelled, we will issue a full credit to your account in the amount of the order.
It is important that you check your order and information carefully prior to submitting your order so as to avoid delays or incorrect deliveries by us. Once you submit an order, it is your responsibility to notify us immediately if there is an error in delivery address or quantity prior to us completing your delivery.

6.2 Subscription

By signing up for our subscription service, you expressly agreeing that we are authorised to charge your subsequent orders as per your selected plan, any other fees for additional services or products you may purchase and any applicable taxes in connection with your use of our services through the credit card or other payment method accepted by us that you provided during registration. If you wish to use a different payment method than the one you signed up for during registration, or if there is a change in your credit card validity or expiration date, you may edit your payment information by clicking on your account. If we are unable to process payment, you authorise us to continue billing, and you will remain responsible for any uncollected amounts.

The subscription fee will be billed at the beginning or your subscription and on each subsequent renewal (as per the plan chosen by you) and thereafter unless you cancel or otherwise suspend your subscription with us.

It is important that you honour any payment obligations with which you have agreed to. We reserve the right to pursue any outstanding amounts if you fail to pay in accordance with these Terms. You will remain liable to us for all such amounts and all costs incurred in relation to collection of any outstanding amounts, including without limitation, collection agency fees, reasonable attorney fees and arbitration or court costs.

Under these Terms, you also acknowledge that you are responsible for the accuracy and authenticity of the information provided by you including bank account number and/or credit card details. You agree that we are not liable or in no way responsible for any losses whatsoever, whether direct or indirect, incidental or consequential, including without limitation any losses due to delay in processing of payment instruction or any credit card fraud by a third party.

If we believe that you have not complied with these Terms or any other agreement with us at any time, you agree that without prior notice to you and without liability to you or anyone else, we may immediately cancel any order, terminate your access to our website, or restrict your use of our website.

6.3 Deliveries

Any delivery time or date provided by us are estimates only. If there is a delay in your delivery, you are not relieved of any obligation to accept delivery of or pay for goods. We will take all reasonable measures to comply with any requested delivery date or time, however, time is not of the essence under these Terms, and we are not liable for any failure to deliver or delay in delivery for any reason whatsoever, without limitation, where an event beyond our specific control occurs. By submitting your order, you agree that we will not be liable to you for any cost, expense, loss or damage arising out of any such delay in delivery or a failure in delivery.

6.4 Ownership

Upon completion of delivery, any risk in our goods will immediately pass directly to you unless otherwise agreed in writing. Once payment has been received in full, then and only then will the ownership of our goods pass to you. Until such time as payment for delivery and any other amounts owing by you, you will hold the goods for us until payment has been received in full.

6.5 Cancellation of Order

Cancellations of your order or changes in your order may only be made by agreement unless otherwise required by law. You may notify us before goods have been dispatched, we may but are not obligated to accept a cancellation of your order. If the product has been delivered, we reserve the right to refuse the cancellation request or charge a reasonable cancellation fee.

SECTION 7 – OPTIONAL TOOLS 

We may provide you with access to third-party tools over which we neither monitor nor have any control nor input. You acknowledge and agree that we provide access to such tools “as is” and “as available” without any warranties, representations or conditions of any kind and without any endorsement. We shall have no liability whatsoever arising from or relating to your use of optional third-party tools. 
Any use by you of optional tools offered through our website is entirely at your own risk and discretion and you should ensure that you are familiar with and approve of the terms on which tools are provided by the relevant third-party provider(s). 
We may also, in the future, offer new services and/or features through our website (including, the release of new tools and resources). Such new features and/or services shall also be subject to these Terms of Service. 

SECTION 8 – THIRD-PARTY LINKS & COOKIES 

Certain content, products and services available via our Service may include materials from third-parties. Third-party links on our website may direct you to third-party websites that are not affiliated with us. We are not responsible for examining or evaluating the content or accuracy and we do not warrant and will not have any liability or responsibility for any third-party materials or websites, or for any other materials, products, or services of third-parties. We are not liable for any harm or damages related to the purchase or use of goods, services, resources, content, or any other transactions made in connection with any third-party websites. Please review carefully the third-party’s policies and practices and make sure you understand them before you engage in any transaction. Complaints, claims, concerns, or questions regarding third-party products should be directed to the third-party. 

Cookies are pieces of information that a website transfers to your computer for record keeping and are necessary for online transactions. Most browsers are set to accept cookies. Our website uses cookies to provide information and services to website visitors. Use the options in your web browser if you do not wish to receive a cookie or if you wish to set your browser to notify you when you receive a cookie or set your browser to refuse cookies, but this will limit your use of our website.

SECTION 9 – USER COMMENTS, FEEDBACK AND OTHER SUBMISSIONS 

If, at our request, you send certain specific submissions (for example contest entries) or without a request from us you send creative ideas, suggestions, proposals, plans, or other materials, whether online, by email, by postal mail, or otherwise (collectively, ‘comments’), you agree that we may, at any time, without restriction, edit, copy, publish, distribute, translate and otherwise use in any medium any comments that you forward to us. We are and shall be under no obligation (1) to maintain any comments in confidence; (2) to pay compensation for any comments; or (3) to respond to any comments. 

We may, but have no obligation to, monitor, edit or remove content that we determine in our sole discretion are unlawful, offensive, threatening, libellous, defamatory, pornographic, obscene or otherwise objectionable or violates any party’s intellectual property or these Terms of Service. 

You agree that your comments will not violate any right of any third-party, including copyright, trademark, privacy, personality or other personal or proprietary right. You further agree that your comments will not contain libellous or otherwise unlawful, abusive or obscene material, or contain any computer virus or other malware that could in any way affect the operation of the Service or any related website. You may not use a false e-mail address, pretend to be someone other than yourself, or otherwise mislead us or third-parties as to the origin of any comments. You are solely responsible for any comments you make and their accuracy. We take no responsibility and assume no liability for any comments posted by you or any third-party. 

SECTION 10 – PERSONAL INFORMATION 

By ordering or registering on our website, your submission of personal information (“PI”) grants us permission to add your contact details such as name, address, phone and email to our database (in accordance with our Privacy Policy) to be used generally to set up your account and complete administration tasks, orders, services, delivery of products and to update you with important information regarding our business operations or promotions. Should you wish to be removed from our database, please contact us via email. It is important that you do not share your PI or login details with anyone else. You are entirely responsible for maintaining the confidentiality of your password and account. If someone else accesses our website using your PI, then you will be responsible for use of our website by that person. If you believe someone has accessed your account unlawfully, it is your responsibility to update your details or to notify us immediately of any potential breach of security or fraudulent activity. We will not be liable for any loss you may suffer however you will be liable for any loss we suffer (except where such unauthorised access was outside of your reasonable control).

SECTION 11 – ERRORS, INACCURACIES AND OMISSIONS 

Occasionally there may be information on our website or in the Service that contains typographical errors, inaccuracies or omissions that may relate to product descriptions, pricing, promotions, offers, product shipping charges, transit times and availability. We reserve the right to correct any errors, inaccuracies or omissions, and to change or update information or cancel orders if any information in the Service or on any related website is inaccurate at any time without prior notice (including after you have submitted your order). 
We undertake no obligation to update, amend or clarify information in the Service or on any related website, including without limitation, pricing information, except as required by law. No specified update or refresh date applied in the Service or on any related website, should be taken to indicate that all information in the Service or on any related website has been modified or updated. 

We do our best to keep our website information and pricing accurate, however, from time to time we may need to update or remove information, statements or representations to keep current and up-to-date with our business operations. Our website is usually operational 24 hours, 7 days, however it may become unavailable for maintenance or other reasons beyond our control. We try to keep any interruptions to a minimum, but we are not responsible for any delay, loss or other damage you may suffer as a result of any downtime of our website limiting your access.

SECTION 12 – PROHIBITED USES 

In addition to other prohibitions as set forth in the Terms of Service, you are prohibited from using our website or its content: (a) for any unlawful purpose; (b) to solicit others to perform or participate in any unlawful acts; (c) to violate any international, federal, provincial or state regulations, rules, laws, or local ordinances; (d) to infringe upon or violate our intellectual property rights or the intellectual property rights of others; (e) to harass, abuse, insult, harm, defame, slander, disparage, intimidate, or discriminate based on gender, sexual orientation, religion, ethnicity, race, age, national origin, or disability; (f) to submit false or misleading information; (g) to upload or transmit viruses or any other type of malicious code that will or may be used in any way that will affect the functionality or operation of the Service or of any related website, other websites, or the Internet; (h) to collect or track the personal information of others; (i) to spam, phish, pharm, pretext, spider, crawl, or scrape; (j) for any obscene or immoral purpose; or (k) to interfere with or circumvent the security features of the Service or any related website, other websites, or the Internet. We reserve the right to terminate your use of the Service or any related website for violating any of the prohibited uses. 

SECTION 13 – DISCLAIMER OF WARRANTIES; LIMITATION OF LIABILITY 

We do not guarantee, represent or warrant that your use of our service will be uninterrupted, timely, secure or error-free. 

We do not warrant that the results that may be obtained from the use of the service will be accurate or reliable. 

You agree that from time to time we may remove the service for indefinite periods of time or cancel the service at any time, without notice to you. 
You expressly agree that your use of, or inability to use, the service is at your sole risk. The service and all products and services delivered to you through the service are (except as expressly stated by us) provided ‘as is’ and ‘as available’ for your use, without any representation, warranties or conditions of any kind, either express or implied, including all implied warranties or conditions of merchantability, merchantable quality, fitness for a particular purpose, durability, title, and non-infringement. 

In no case shall Quad Club, our directors, officers, employees, affiliates, agents, contractors, interns, suppliers, service providers or licensors be liable for any injury, loss, claim, or any direct, indirect, incidental, punitive, special, or consequential damages of any kind, including, without limitation lost profits, lost revenue, lost savings, loss of data, replacement costs, or any similar damages, whether based in contract, tort (including negligence), strict liability or otherwise, arising from your use of any of the service or any products procured using the service, or for any other claim related in any way to your use of the service or any product, including, but not limited to, any errors or omissions in any content, or any loss or damage of any kind incurred as a result of the use of the service or any content (or product) posted, transmitted, or otherwise made available via the service, even if advised of their possibility. Because some states or jurisdictions do not allow the exclusion or the limitation of liability for consequential or incidental damages, in such states or jurisdictions, our liability shall be limited to the maximum extent permitted by law. 

SECTION 14 – INDEMNIFICATION 

You agree to indemnify, defend and hold harmless Quad Club and our parent, subsidiaries, affiliates, partners, officers, directors, agents, contractors, licensors, service providers, subcontractors, suppliers, interns and employees, harmless from any claim or demand, including reasonable attorneys’ fees, made by any third-party due to or arising out of your breach of these Terms of Service or the documents they incorporate by reference, or your violation of any law or the rights of a third-party. 

SECTION 15 – SEVERABILITY 

In the event that any provision of these Terms of Service is determined to be unlawful, void or unenforceable, such provision shall nonetheless be enforceable to the fullest extent permitted by applicable law, and the unenforceable portion shall be deemed to be severed from these Terms of Service, such determination shall not affect the validity and enforceability of any other remaining provisions. 

SECTION 16 – TERMINATION 

The obligations and liabilities of the parties incurred prior to the termination date shall survive the termination of this agreement for all purposes. 
These Terms of Service are effective unless and until terminated by either you or us. You may terminate these Terms of Service at any time by notifying us that you no longer wish to use our Services, or when you cease using our website. 
If in our sole judgment you fail, or we suspect that you have failed, to comply with any term or provision of these Terms of Service, we also may terminate this agreement at any time without notice and you will remain liable for all amounts due up to and including the date of termination; and/or accordingly may deny you access to our Services (or any part thereof). 

SECTION 17 – ENTIRE AGREEMENT 

The failure of us to exercise or enforce any right or provision of these Terms of Service shall not constitute a waiver of such right or provision. 
These Terms of Service and any policies or operating rules posted by us on our website or in respect to The Service constitutes the entire agreement and understanding between you and us and govern your use of the Service, superseding any prior or contemporaneous agreements, communications and proposals, whether oral or written, between you and us (including, but not limited to, any prior versions of the Terms of Service). 
Any ambiguities in the interpretation of these Terms of Service shall not be construed against the drafting party. 

SECTION 18 – GOVERNING LAW 

We have tried to make our Terms of Service easy to read and understand. These Terms and any separate agreements whereby we provide you Services shall be governed by and construed in accordance with the laws of Australia.  If you are not sure about any of the wording, please seek independent advice.

SECTION 19 – CHANGES TO TERMS OF SERVICE 

You can review the most current version of the Terms of Service at any time at this page. We reserve the right, at our sole discretion at any time to change, modify, add or remove portions of these Terms at any time by posting the updates on this page. It is your responsibility to check our website periodically for changes. Your continued use of or access to our website or the Service following the posting of any changes to these Terms constitutes your binding acceptance of those changes.

SECTION 20 – WARRANTY, REFUND AND EXCHANGE POLICY 

If you believe that you have received a faulty or incorrect product, please contact us as soon as possible to arrange a refund or replacement. After our assessment where we agree that our product is in the original condition as delivered to you and faulty, defective, damaged or incorrect, we may at our discretion refund the price paid (including a partial refund where an item is not in its original condition, is damaged or missing parts for reasons not caused by us); replace the product or pay the cost of having the product replaced. Given the nature of our business, our returns policy is valid for 14 days from the date of delivery. If your refund is approved, then your refund will be processed, and a credit will automatically be applied to your credit card or original method of payment, within a certain amount of days. 

20.1 Late or missing refunds (if applicable) 

If you haven’t received a refund yet, we ask that you first check your bank account or make contact with your credit card company. It may take some time for your refund to show up on your statement or in your account as there is often some processing time before a refund is posted. If you’ve done all of this and you still have not received your refund, please let us know and we will provide proof of payment of your refund.

20.2 Sale items (if applicable) 

Only regular priced items may be refunded, unfortunately sale items cannot be refunded. 

20.3 Gifts 

If the item was marked as a gift when purchased and shipped directly to you, you’ll receive a gift credit for the value of your return. Once the returned item is received, a gift certificate will be mailed to you.
If the item wasn’t marked as a gift when purchased, or the gift giver had the order shipped to themselves to give to you later, we will send a refund to the gift giver and he will find out about your return. 

20.4 Shipping 

When returning any product to us, you will be responsible for paying for your own shipping costs for returning your item. Shipping costs are non-refundable. If you receive a refund, the cost of return shipping will be deducted from your refund. 
Depending on where you live, the time it may take for your exchanged product to reach you, may vary. 

You should consider using a trackable shipping service or purchasing shipping insurance as we do not guarantee that we will receive your returned item.

Contact Us
Questions about these Terms of Service should be sent to us at:

Email: info@quadclub.com.au

© 2024 quad club.com.au (All Rights Reserved)

Last updated: March 2024