These Terms and Conditions (T&C) govern the relationship between STATIC and all our customers, including the use of its website. We may vary the T&C from time to time, without notice to our customers. Those changes will be released via the website and will be binding upon all users at the time of publication to the website. Continued dealings with STATIC shall constitute deemed acceptance of the T&C, as amended from time to time.
The T&C create a legally binding agreement between STATIC and the user/purchaser/customer. In all applicable circumstances, you irrevocably waive any rights you may have to appeal, review, or otherwise oppose any determinations or actions of STATIC in relation to the website or other related matters.
Website Conditions
By using the website, you irrevocably agree:
1. To comply with the T&C and any policies published by STATIC from time to time.
Intellectual Property Rights
1. Not to copy, use, communicate to the public, or transmit the content of this website without the prior written consent of STATIC, including logos and images, unless such use is a fair dealing under the Copyright Act 1968.
2. The text, data and metadata of the website is owned by STATIC. You agree not to copy, download for use, reverse engineer or otherwise attempt to capture the design, data, metadata, operation, system or processes used on the STATIC website.
3. To contact STATIC if you would like permission to reproduce any of the website content. When any website content is reproduced or reposted, it must be attributed to STATIC.
Use of Website
1. Not to do anything that may disrupt the use of its website or any other third party software, devices, services or other things necessary to the operation of the STATIC website.
Code of Conduct
1. To engage with STATIC and any other parties using or viewing the website in a polite and respectful manner. If you choose to use offensive, discriminatory, illegal, homophobic, racist, hate speech, or otherwise unacceptable language, actions, or other communications, STATIC may, in its absolute discretion, serve you with a warning notice and/or deactivate, delete or suspend your membership and access to the website for any period or indefinitely, at its discretion. STATIC reserves the right to report any illegal or unlawful activity concerning the website to the appropriate authorities.
2. To ensure that any information provided by you to STATIC is accurate, truthful, not misleading, not deceptive or otherwise incorrect.
3. Not to do anything or hold yourself out to be related in some way to STATIC without its consent.
Contact
1. STATIC may contact you by any contact details you provide to STATIC, including email, SMS, telephone, at its discretion, for any reason determined by STATIC, including, but not limited to marketing of its goods and services, the website or affiliate/advertiser content.
Advertising
1. To advertisement content being published on the website and such content being broadcast to you, without further consent required, during your use of the website. Any advertisement content will consist of third party links to external sources. STATIC does not warrant the content of advertising content, whether available on the website or otherwise. You should satisfy yourself as to the veracity of any third party websites and any offers they may make; STATIC shall bear no liability in relation to such matters.
Marketing
1. To consent to STATIC using your personal information for STATIC’s own purposes, including marketing of the website.
2. To the use of cookies to track your usage of the website.
Lawful Use
1. That you shall conform with all relevant laws in respect of your use of the website.
Disclaimer
1. STATIC does not guarantee that:
1.1 The website will be secure or available at any particular time or location;
1.2 Any defects or errors in the website will be corrected;
1.3 The website will be free of viruses or other harmful materials.
2. You acknowledge that you use the STATIC website solely at your own risk.
Termination of Website
1. That STATIC may delete specific content or cease operation of the website at any time without prior notice and without a reason.
2. STATIC is not liable for any loss, damage or other consequences suffered by you as a result of STATIC ceasing operation of the website.
Membership credentials
1. You agree that should you share your membership or login details with any other person, that person is subject to these T&C. We are not responsible for any loss, damage, or other consequences, whether financial or otherwise, from the unlawful use of the website by a party you have provided with access to your account.
2. You agree to secure your password. We are not responsible for any loss, damage, or other consequences, whether financial or otherwise from the authorised or unauthorised use of your account by any other party, regardless of whether access to your account has been facilitated as a result of failing to secure your password to the website, or any other third party website, or through other means or actions by a third party which compromises your account.
3. You agree that you shall keep your membership and contact details up to date at all times through the STATIC website.
Sale of goods and services
Binding Contract
1. Submitting an order for goods or services through the STATIC website creates a legally binding contract between the purchaser and STATIC, on the terms of these T&C.
2. Payment must be made in full at the time of placing an order through the STATIC website. Orders are not complete until payment is made.
3. Once goods ordered through the STATIC website are paid for, an order for goods or services may not be canceled by the purchaser.
4. Prices shown on the STATIC website are current as at the time an order is placed and paid, however, STATIC may change prices from time to time without notice.
5. To the best of STATIC’s ability, the goods and services offered on the STATIC website are available for purchase. In the event that a good or service is determined not to be available after a purchase is made, STATIC shall promptly advise the purchaser and issue a refund.
6. STATIC reserves the right to decline an order made through the STATIC website at its discretion for any reason.
7. Prices stated on the STATIC website are GST inclusive.
Postage
1. The purchaser is responsible for providing the correct postal address at the time of placing the order on the STATIC website. STATIC ships goods strictly in accordance with the details provided at the time of the purchaser submitting an order through the STATIC website. STATIC takes no responsibility or liability for incorrect postal address details provided by a purchaser.
2. The costs of postage and handling are in addition to the published prices of goods and services. Postage will be calculated at the time of checkout and placing of the order.
Risk
1. STATIC has the right to arrange for delivery of goods and services in one or more shipments.
2. Risk of goods passes to the purchaser upon STATIC placing the goods with the relevant postal/shipping provider.
3. Loss/damage of goods during transit is at the risk of the purchaser and STATIC is not obligated to provide replacement goods in the event of loss or damage by the relevant postal/shipping provider.
Payment Providers
1. Payments for goods and services through the website must be made using the payment providers specified by STATIC.
2. All payments made through the STATIC website are subject to the terms and conditions of the payment providers.
3. The Supplier shall not be liable for any loss or damage suffered by the Customer in respect of the Customer’s use of payment providers.
Events
1. Tickets to events are subject to events proceeding as scheduled, without delay, interruption or changes.
2. In the event that an event cannot proceed as scheduled and planned, STATIC reserves the right to either, at the absolute discretion of STATIC:
2.1 Cancel the event and issue a full refund to the purchaser;
2.2 Reschedule the event on similar terms/conditions and endorse the purchaser’s ticket for use at the rescheduled event; or
2.3 Issue the purchaser with a credit for the ticket.
2.4 In the event that an event has commenced and due to circumstances beyond our control including but not limited to extreme weather, heavy rainfall or storm causes the event to be temporarily suspended or canceled STATIC will determine if customers/spectators are eligible for any refund, credit, discount/s if any. STATIC has sole discretion and will assess each event and entitlement on a case by case basis. Any information relating to event refunds, credits, discounts or similar will be communicated via email to the email address provided on the ticket purchase.
3. STATIC accepts no liability for damage, injury, loss, harm, or other detriment to attendees at STATIC events. The purchaser of tickets and attendees attend STATIC events at their own risk and by attending such events agree to assume this risk.
4. The purchaser (and its heirs, executors and representatives) of tickets for STATIC events agrees to fully indemnify STATIC against any claim, loss, award or other financial detriment suffered by STATIC as a result of STATIC being held liable for damage, injury, loss, harm to the purchaser or to an attendee who the purchaser provided a ticket to a STATIC event or purchased a ticket on behalf of arising from a STATIC event.
Trade Promotions
1. Trade Promotions are subject to these T&C, STATIC’s Trade Promotion Prize Draws Conditions, and any applicable laws.
2. There are no refunds or replacements applicable to goods/merchandise purchased in conjunction with the entry to STATIC Trade Promotions.
3. Failure to win a STATIC Trade Promotion does not constitute a failure by STATIC to supply goods/services/merchandise under contract law or Australian Consumer Law.
4. The Purchaser agrees that it shall not seek to reverse a payment transaction, or claim compensation, or cause detriment to STATIC, or otherwise approach a payment provider (such as Paypal) for refund of payment for goods/merchandise/services related to a STATIC Trade Promotion alleging that STATIC failed to supply goods/merchandise/services solely due to the Purchaser not being successful in the Trade Promotion.
5. The Purchaser agrees to indemnity STATIC in respect of any costs, loss or damage caused to STATIC as a result of the Purchaser failing to comply with Clauses 40-43, including indirect costs, loss or damage.
Consumer guarantees and refunds
Refunds generally
1. If a good is not of acceptable quality, not fit for purpose, or does not match the representations on the STATIC website, please contact STATIC to discuss your options.
2. STATIC does not offer refunds for change of mind.
3. Delivery of goods may be delayed due to COVID-19 and associated restrictions.
4. If we are not able to supply you with a good you have purchased due to COVID-19 or any associated restrictions, we will provide you with a refund of the purchase price.
5. When refunding, the refund will be sent to the same card or account that the funds were received from.
Australian Consumer Law
1. Many of STATIC’s goods and services come with a guarantee or warranty from the manufacturer or supplier. In addition, they come with guarantees that cannot be excluded under the Australian Consumer Law.
2. You are entitled to a replacement or refund for a major failure and compensation for any other reasonably foreseeable loss or damage.
3. You are 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.consumerlaw.gov.au.
4. Where STATIC is not permitted to exclude, restrict, or modify its liability for a breach of a condition or warranty that is implied by any statute or applicable laws but is permitted to limit its liability for the breach of such condition or warranty, STATIC’s liability is limited to any one of the following as determined by STATIC in its absolute discretion
4.1 in the case of goods supplied, the replacement of the goods or the supply of equivalent goods, the repair of the goods, the payment of the cost of replacement of the goods or of acquiring equivalent goods, or for the payment of the cost of having the goods repaired; and
4.2 in the case of services provided, the supply of the services again, or the payment of the cost of having the services supplied again.
5. The purchaser acknowledges that all goods are sold subject to the manufacturer’s trading terms and conditions and any warranty of the manufacturer.
6. Subject always to Clauses 50-54, all conditions, warranties and guarantees other than those expressly provided for in these T&C are excluded to the fullest extent permitted by law and STATIC will not be liable to the purchaser for any loss caused (in whole or in part) by or arising out of any use of the goods or any defect in the goods or any failure, malfunction, breakdown or deterioration of the goods.
Damages
1. To the fullest extent permitted by law, STATIC shall not be liable to you for any lost profits or revenues, or for any consequential, incidental, indirect, special, or punitive damages arising out of or in connection with the website, these T&C and the relationship between you andSTATIC. In no event shall STATIC’s aggregate liability for any damages exceed the greater of $10.00 or the amount you paid STATIC in the past 12 months.
2. In any event, STATIC shall not be responsible for, or liable for, loss of opportunity or any losses associated with the loss of opportunity to participate in a trade promotions, competition or other game of skill/chance.
Jurisdiction
1. These T&C are subject to the laws of the State of Sydney, Australia and each party submits to the authority of such Courts.
2. If a provision of these T&C is held invalid or unenforceable by any Court such determination and consequential severance (if any) shall not invalidate the rest of these T&C, which shall remain in full force and effect as if such terms and provisions had not been made a part of it.
PRIVACY POLICY
Your privacy is important to STATIC.
We know that keeping client information secure is a top priority. The information you provide is only used for:
- The primary purpose for which it was obtained, being:
- Providing you with access to the website;
- Selling you goods and services;
- Providing you with payment platforms;
- Marketing to you Conducting trade promotions;
- Running promotions and events; and
- Processing payments,
- For a secondary purpose that is directly related to the primary purpose;
- With your consent; or
- Where required or authorized by law.
STATIC may collect your personal information, which enables you to be identified, including your name, email address and contact details, or other relevant information, in order for us to make contact with you and other parties to carry out the purposes listed above.
STATIC may use and disclose your personal information for the primary purpose, as necessary from time to time. We may use your personal information for secondary purposes closely related to the primary purpose, in circumstances where you would reasonably expect such use or disclosure.
By using the STATIC website, or providing us with your personal information, you agree to us using your personal information as set out herein.
STATIC takes considerable technical and organisational precautions to prevent the loss, or misuse of your personal or company information.
If you have any questions about this privacy policy or the treatment of your personal information, by STATIC please feel free to contact us via the website.
MEMBERSHIP TERMS AND CONDITIONS (SOON TO APPLY TO WEBSITE)
STATIC Subscription Memberships:
STATIC Memberships are an ongoing subscription service that is directly debited from a nominated bank account or credit card each month until canceled.
STATIC Membership provides members with access to a range of benefits including but not limited to: Entries into our trade promotion giveaways *Subject to permits
Early Access to Merchandise
Early Access to Event Ticket Purchase
Discounts off Merchandise
Exclusive Content and behind-the-scenes footage
Promotional Offers
Loyalty Benefits
Members will be given an automatic subscription to a STATIC Pack’s and related Trade Promotion Giveaways corresponding to the level of membership purchased. The member can choose from the following subscription levels. *Subject to Trade Promotion permits*
Bronze Membership ($19.95 per month)
– Partnership discounts.
– 1 Accumulating Entry per month into each of STATIC’’s Trade Promotion Giveaways
Silver Membership ($49.95 per month)
– Partnership discounts.
– 3 Accumulating Entries per month into each of STATIC’s Trade Promotion Giveaways
Gold Membership ($89.95 per month)
– Partnership discount.
– 10 Accumulating Entries per month into each of STATIC’s Trade Promotion Giveaways
– Every single entry that the customer has ever purchased from previous STATIC draws will become Active once again.
– Memberships are automatically debited, members can nominate and change their preferred payment method or cancel anytime.
– All Membership Payments/Subscriptions/Automatic direct debits are non-refundable.
– Cancellation requests can be done through our membership portal and will cancel effective on the next billing cycle.
– Any changes to membership levels can be done through our membership portal on our website and will be effective from the next billing cycle.
– A Member’s accumulating entries are added to their account when the payment is completed at each billing cycle.
Loyalty benefits are provided to each STATIC member based on their months of membership. Members accumulate entry(s) for every month that they are debited. Entries are generated based on the current membership status of the customer. These entries accumulate and are valid for every trade promotion giveaway that STATIC offers *Subject to permits. For details on the promotion please refer to the specific terms and conditions associated on the relevant trade promotion.
– As any changes to membership levels will be effective from the next billing cycle, the entry/s provided will be based on the membership level on the end/close date of each trade promotion giveaway.
– Members can still opt to purchase additional packs and receive additional entries into each trade promotion giveaway. Loyalty Benefits provided Members will accumulate entries into each of our trade promotions based on their months of membership
Bronze Membership
1st month – 1 entry
2nd month – 2 entries
3rd month – 3 entries
4th month – 4 entries and so on…
Silver Membership
1st month – 3 entries
2nd month – 6 entries
3rd month – 9 entries
4th month – 12 entries and so on…
Gold Membership
1st month – 10 entries
2nd month – 20 entries
3rd month – 30 entries
4th month – 40 entries and so on…
– Loyalty Benefits are provided based on consecutive months of membership, if a member cancels or payment fails and membership is terminated then the months accrued will revert to zero.
– Entries are automatically provided to members and will be viewable on their member’s account Entries page.
– Members do not need to do anything to enter the trade promotion giveaways subject to state and territory approval and eligibility to enter.
– Members must be 16 years of age and older. Members under 18 must have parental/Legal Guardian’s consent.
– STATIC staff and family are not eligible for STATIC memberships
– By signing up and becoming a member you agree to these terms and conditions. – STATIC shall not be liable for any loss or damage whatsoever which is suffered (including but not limited to direct or consequential loss) for any personal injury suffered or sustained in connection with any prize/s, events, except for any liability which cannot be excluded by law.
– If you enter into a STATIC trade promotion you acknowledge the terms and conditions of entry. These terms and conditions apply to all entries into our trade promotion, and we reserve the right to change.
– By entering into the trade promotion, you agree to abide by these terms and conditions and any amendments to the terms and conditions (approved by the appropriate state regulatory body) and posted on our website www.saticgiveaway.com.au
– STATIC takes no responsibility for any issues arising from the technical malfunction of computers, internet or software.
– If for any reason any aspect of our trade Promotions is not capable of running as planned, including by reason of computer virus, communications network failure, bugs, tampering, unauthorized intervention, fraud, technical failure or any cause beyond the control of STATIC, STATIC may in its sole discretion cancel, terminate, modify or suspend the Promotion and invalidate any affected entries, or suspend or modify a prize, subject to Australian State or Territory regulation.
STATIC-/ABN NO: 59915895208/
Business Address: 7 Hartlepool road Edensor park
Available to Australian residents ONLY(except SA)