Terms & Conditions

Conditions of use

This Standard Terms and Conditions Agreement ('Agreement') contains the terms and conditions that apply to any order, purchase, receipt, delivery or use of any products from cpap.com.au , or any of its subsidiaries. By accepting delivery of the product purchased from cpap.com.au and described on your invoice, you agree to be bound by and accept the following terms and conditions. Any attempt to alter, supplement or amend this document or to enter an order for product (s) that is subject to additional or altered terms and conditions will be null and void, unless otherwise agreed to in a written agreement signed by both you and cpap.com.au. These terms and conditions are subject to change without prior written notice at any time, at cpap.com.au's sole discretion.

1.

Definitions. a. "We", "us" and/or "our" means cpap.com.au. b. "You" or "your" means the individual or entity named on the invoice.

2.

Payment Terms; Orders; Interest. Advertised prices are in Australian Dollars and, unless otherwise noted, are for upfront purchasing by way of payment options on checkout. Finance options such as Certegy and ZipMoney options my not be available with these prices due to the high cost of offering a payment plan service. Prices on this website may also exclude shipping, handling and any taxes that may be imposed by the legal authority that governs the jurisdiction in which you reside. Terms of payment are at cpap.com.au's sole discretion, and unless otherwise agreed to in writing by cpap.com.au, payment must be received by cpap.com.au before cpap.com.au's acceptance of an order. Invoice amounts are due and payable within the period noted on this invoice, measured from the date of the invoice. cpap.com.au may invoice parts of an order separately. You agree to pay interest on all past-due sums at the highest rate allowed by law.

3.

Taxes. Unless otherwise indicated on the face of the invoice, you are responsible for paying all taxes associated with your order.

4.

Shipping and Title. cpap.com.au will arrange to ship the product(s) you purchase to you. Title to the product(s) passes to you when cpap.com.au delivers it to the carrier and risk of loss passes to you when the shipper delivers product(s) to the address you designate. If shipping to a business or company address please include business/company name and attention goods to your personal name. Title to software remains with the licencor of the software. Your use of software is subject to license agreements applicable to the software. You must notify cpap.com.au of missing or damaged items in your order within five (5) days after you receive your product.

*If your shipping address Is an apartment number or unit number it may be beneficial to have your item shipped to an address where the Australia Post delivery person can knock on your door and hand you the item directly. Workplaces are often the best alternate shipping address for your item as someone is likely to be able to receive the parcel in person.

*If you have no alternate address and you aren't home when the package is being delivered you may receive a card in your mailbox letting you know to collect your parcel at your nearest Post Office. Should you not receive a card and your item is taking an extended amount of time to reach you it may require you to call your local Post Office and check to see if it is awaiting your collection. *You must show sufficient photo ID to collect your parcel from the Post Office.

5.

Return Policy. Any CPAP machine and/or mask return must follow the guidelines set by the manufacturer's policies. We are not obligated to provide a refund if you change your mind about the purchase of cpap products. We will meet our obligation under the relevant State Legislation to provide a remedy if the goods are defective. Non faulty / unopened product returns can only be accepted within 7 days of the original invoice date only and must be accompanied with the original receipt. A refund will only be issued for the amount of the items on the sale and will not include shipping costs, accessories or merchant fees charged to CPAP Direct on Humm, Afterpay or Zip sales. All items will be subject to a 25% restocking fee. Cancellation and Return Policy is not applicable to business to business transactions and multi-purchase orders (3 or more). Please email CPAP Direct at support@cpap.com.au and provide the invoice number, item description, and serial number(s) of the merchandise you wish to return. Returned merchandise must be placed in original packaging, and include product manuals and other accessories. All sales on masks, cushions, tubes and accessories are final if packaging has been opened. No refunds are available on any accessory items. cpap.com.au may, at its sole discretion issue refunds for accessory items, however any refund is subject to cpap.com.au's standard return policy whereby a 25% restocking fee is applicable and the item must be returned within 7 days. All Returns must be delivered to our head office Shop 6G /47 Ashmore Road, Bundall QLD 4217. If a rental payment was deducted off the original price of the goods, this portion will come off the refund before it is applied. (Rental cost deductions are intended as an incentive to purchase your goods at the end of your trial. If the product is returned, the out of pocket rental charge is reinstated). There is a no-return or exchange policy for any item that is offered for free and without charge as part of a CPAP Direct promotion or exclusive deal. This includes any Money Back Guarantee offered by the manufacturer.

5a.

Money Back Guarantee offers: If there is a 14 day or 30 day money back guarantee offer advertised, it relates solely to that product. A refund for those goods only will be issued or you may also choose to use the credit against other items in store. The refund/credit does not include postage or shipping costs, including the postage fees to return the product to CPAP Direct. If the item was bought with a third party finance company such as Certegy, ZipMoney or AfterPay etc, a 10% merchant fee will be deducted from the refund as this cost is incurred by CPAP Direct. If a rental payment was deducted off the original price of the goods, this portion will come off the refund before it is applied. (Rental cost deductions are intended as an incentive to purchase your goods at the end of your trial. If the product is returned, the out of pocket rental charge is reinstated). Money Back Guarantees do not apply to any item that was offered for free, without charge or as a bonus as part of a promotion or exclusive deal.

6.

Warranties for Domestic Customers; Disclaimer of Warranties. There are no warranties for software or service. CPAP.COM.AU makes no warranties, express or implied, except those stated in this section and in cpap.com.au's applicable warranty statement in effect on the date of the invoice. The warranty for any product purchased is provided by the manufacturer and must meet conditions in the manufacturers policies. Any such warranties will be effective during the relevant period and cpap.com.au will be obligated to honour any such warranties only upon cpap.com.au's receipt of payment in full for the item to be warranted. In most cases, CPAP Masks and accessories have a 3 month warranty and CPAP Machines have a 2 or 5 year warranty depending on the model and manufacturer. The standard warranty period begins from the receipt of purchased goods by initial consignee.

6a.

Items that are returned for repair under warranty take approximately 7-21 business days to be repaired and returned to you. The 7-21 business day period commences from the physical receipt of goods at the premises of cpap.com.au by a cpap.com.au representative. This does not include any collection notices or attempted deliveries by a courier(s), Australia Post representative or other person(s). The 7-21 business day period quoted is a guide only and should be treated as such. Thus from time to time, repairs under warranty may extend past the 7-21 business day period. cpap.com.au accepts no liability or consequences for repairs under warranty that extend past the 7-21 business day period.

6b. Ozone disinfectors - CPAP Direct will cover the cost of any rejected warranty claim due to alleged ozone damage to a CPAP Device as long as the Ozone disinfector was purchased from CPAP Direct and used weekly or in accordance with the instruction booklet.

7.

Warranties for International Customers; Disclaimer of Warranties. The standard warranty stated above in Section 6 applies to cpap.com.au-branded products shipped to a country outside of Australia/New Zealand, provided that customers outside Australia/New Zealand are responsible for paying all freight charges incurred in shipping, importing/exporting and receiving replacement products and parts and for arranging and paying for the shipment of any defective part(s) back to cpap.com.au. All international customers are responsible for all customs duties, GST and other associated taxes and charges. THE WARRANTY DISCLAIMER ABOVE IN SECTION 6 ALSO APPLIES TO INTERNATIONAL CUSTOMERS.

8.

Software purchases. All software is provided subject to the license agreement that is part of the package you receive from cpap.com.au. You agree to be bound by the license agreement once the package is opened or its seal is broken. cpap.com.au does not warrant any software under this Agreement. Warranties, if any, for the software are contained in the license agreement that governs its purchase and use.

9.

Exchanges. From time to time, cpap.com.au may, at its sole discretion, exchange products or portions of a product. Any exchanges will be made in accordance with cpap.com.au's exchange policies in effect on the date of the exchange.

10.

Products. cpap.com.au continually upgrades and revises its products and service offerings. cpap.com.au may revise and discontinue products at any time without prior notice to customers. cpap.com.au will ship products that have the functionality and performance of the products ordered, but changes between what is shipped and what is described in a specification sheet are possible. The parts and assemblies used in building cpap.com.au products are selected from new and equivalent-to new parts and assemblies in accordance with industry practices. Spare parts may be new or reconditioned. The quoted cpap.com.au SKU numbers for cpap.com.au-branded hardware products are of the quality specified by cpap.com.au on its website and conform in all material respects with the cpap.com.au product specification current on the date such products were shipped.

11.

All information provided on cpap.com.au is not intended to be a substitute for medical advice, diagnosis or treatment. Users are directed to seek the advice of a physician or other qualified health care provider regarding medical issues. The equipment supplied by cpap.com.au is to treat Obstructive Sleep Apnea (OSA) by delivering Continuous Positive Air Pressure (CPAP) at a rate prescribed by a physician to stabilise the airway and prevent obstructions. Cpap.com.au recommends that all products purchased are prescribed under the care and management of a physician or other qualified health care provider. Not all products will be right for you. Read the instructions for use before purchase. Always follow directions for use. Seek advice from your healthcare professional as to whether the product/s is suitable for your condition. Cpap.com.au takes no responsibility for any injury or damage resulting from neglect or not following manufacturer precautions and instructions for use. If symptoms persist, worsen, or change unexpectedly talk to your physician or other qualified health care provider.

12.

Software and Peripherals. Any warranty and technical support provided on third-party products offered by cpap.com.au, such as computer monitors, speakers and other peripheral devices, as well as software, are provided by the original manufacturer and not by cpap.com.au. The warranties and technical support offered by such manufacturers may vary from product to product. cpap.com.au-branded software and peripheral devices carry the same warranty terms as those described in Section 6.

13.

Limitation of Liability. CPAP.COM.AU DOES NOT ACCEPT LIABILITY BEYOND THE REMEDIES SET FORTH HEREIN, INCLUDING ANY LIABILITY FOR PRODUCTS NOT BEING AVAILABLE FOR USE OR FOR LOST OR CORRUPTED DATA OR SOFTWARE, OR THE PROVISION OF SERVICES AND SUPPORT. CPAP.COM.AU WILL NOT BE LIABLE FOR LOST PROFITS, LOSS OF BUSINESS OR OTHER CONSEQUENTIAL, SPECIAL, INDIRECT OR PUNITIVE DAMAGES, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, OR FOR ANY CLAIM BY ANY THIRD PARTY EXCEPT AS EXPRESSLY PROVIDED HEREIN. YOU AGREE THAT FOR ANY LIABILITY RELATED TO THE PURCHASE OF PRODUCTS OR SERVICES BUNDLED WITH THE PRODUCTS, CPAP.COM.AU IS NOT LIABLE OR RESPONSIBLE FOR ANY AMOUNT OF DAMAGES ABOVE THE AGGREGATE DOLLAR AMOUNT YOU PAID FOR THE PURCHASE GOVERNED BY THIS AGREEMENT.

14.

Not for Resale. You agree and represent that you are buying the products governed by this Agreement for your own use and not for resale. cpap.com.au has separate terms and conditions governing resales and transactions outside the Australia/New Zealand.

15.

Cancelled orders: If you cancel your order you may be charged a 25% cancellation fee for processing of your cancellation all refunds can take up to 4 weeks to be issued.

16.

Miscellaneous Provisions. You will not register or use any Internet domain name that contains an cpap.com.au trademark or trade name (i.e., cpap.com.au) in whole or in part or any other name that is confusingly similar thereto. The section headings used herein are for convenience of reference only and do not form a part of these terms and conditions, and no construction or inference shall be derived therefrom. If any term of this Agreement is found by a court of competent jurisdiction to be unenforceable, the enforceability of the remaining provisions shall not be affected or impaired. This Agreement and any sales thereunder shall be governed by the laws of Australia/New Zealand, without regard to conflicts of laws principles.

17.

Remote monitoring and data. All connected devices that include internal 2G, 3G or 4G modems are sold with our free remote monitoring service. (While the technology is supported by telecommunication companies). This complimentary service allows the patient to connect to the manufacturers mobile phone application if needed. The service also allows CPAP Direct clinicians to remotely monitor therapy and if required, generate therapy reports for patients and doctors without the need to the patient to come in to store. It is implied if you purchase a CPAP device from CPAP Direct or bring a device SD or USB card to us that you authorise CPAP Direct clinicians to access this therapy data for you. The patient must advise in writing to CPAP Direct if they do not wish to have their data accessible by our clinicians. Monitoring of therapy data and report generating is a complimentary service and CPAP Direct reserves the right to discontinue providing this service at any stage. CPAP Direct complies with all privacy laws and respects the privacy of all of our patients. We will not sell or disclose any personal data to third party marketing companies.

18.

Price Beat Guarantee. The competitor must be advertising the same goods cheaper than our online pricing - we will then match that price and beat it by 5% subject to these conditions: The competitor must be a registered Australian CPAP provider with a valid ABN and in the same state as the purchaser. Price Beat Guarantee applies to CPAP machine, mask and accessory purchases. The Price Beat will only be applied for BEFORE the initial purchase of goods and will not be given retrospectively. The competitor must be accredited with a direct Australian supply account by the manufacturer of the goods being price matched. The competitor must have their price published in a formal quote or on their website and must be valid at the time of price matching. The competitor must have the item(s) in stock and be able legally able to supply to your area. Price Beat Guarantee must be claimed on the identical combination of goods if in a package or bundle & this offer is not applicable to trade in deals. Guarantee does not apply to EBAY, Gumtree, Amazon or any other market based website. Price Beat Guarantee does not apply with any other discount offered by CPAP Direct including, but not limited to, the deduction of hire fees from total cost of purchase. The Price Beat Guarantee does not apply on products offered by our Partner Stores listed on our website https://cpap.com.au/pages/stores. CPAP Direct Partner store's are not bound by the Price Beat Guarantee and may choose to honour it only at their discretion. CPAP Direct reserves the right to refuse sale at it’s discretion.

19.

Renting / Hiring CPAP equipment. CPAP Direct clinics will deduct the first month's machine and mask hire off the displayed monthly specials of CPAP machine packages in store. Not inclusive of remote monitoring or service fees. This deduction is not redeemable for cash and the rental equipment must be returned complete with all accessories, bag tube and mask (if applicable). The equipment must be in good condition. If a rental payment was deducted off the original price of the goods when being purchased and the goods were then returned for a refund, this rental cost portion will come off the refund before it is applied. Rental cost deductions are intended as an incentive to purchase your goods at the end of your trial. If the product is returned, the out of pocket rental charge is reinstated. Rental cost deductions are not applicable with any other discount offered by CPAP Direct including the Price Beat Guarantee.

20.

DVA Adelaide Service. DVA service radius 100kms from Adelaide CBD. All other patients, 35KM radius. If outside this range, a call out fee may be charged. Alternatively, cpap.com.au can service all product needs and remote monitoring with Australia wide free delivery.

21.

After Sales Support. The after sales support line is for existing customers of CPAP Direct that have purchased a machine or mask through one of our CPAP Direct stores or through cpap.com.au The remote clinician may need to verify your contact details in our system before proceeding with help and assistance.

22.

APOD Discount. The APOD discount offer is available for orders placed through cpap.com.au for home delivery or click and collect through a CPAP Direct store. To receive the discount, the user must enter the appropriate discount code section on checkout. The discount will be applied to the entire order value on checkout and is intended for the APOD registered user or their immediate family only. The discount must be claimed at checkout in the manner described above and can not be claimed retrospectively.

23.

LULLABY SLEEP DISCOUNT: The 5% discount applies to any new machine and/or mask purchase made in store or through cpap.com.au in conjunction with the relevant discount code. This discount is not available retrospectively and is only valid for Lullaby patients that were pre-existing prior to June 1st 2022. Lullaby Discount can be used in conjunction with CPAP Direct's Price Beat Guarantee. The discount will be applied to relevant purchases up until December 31st 2022.

24.

SLEEP DYNAMICS DISCOUNT: The 5% discount applies to any new machine and/or mask purchase made in store or through cpap.com.au in conjunction with the relevant discount code. This discount is not available retrospectively and is only valid for Sleep Dynamic patients. Sleep Dynamics Discount can be used in conjunction with CPAP Direct's Price Beat Guarantee

25.

Privacy & Marketing. By providing your email address and/or making a purchase through us, you are opting in to receive email communications from CPAP Direct. You may unsubscribe from these communications at any time by following the instructions provided at the bottom of the email or contacting us at support@cpap.com.au. CPAP Direct respects your privacy and will not share or sell your information to any third parties. For more information, see our Privacy Policy.

26.

EOFY 2024 Cashback Promotion.

CPAP Direct’s 2024 EOFY Cashback Promotion applies to the ResMed AirSense 11 AutoSet 4G CPAP Machine (SKU 39108) purchased from a CPAP Direct store between 1st June 2024 and 30th June 2024. One (1) entry allowed per CPAP device purchased on a single invoice.
All invoices must be registered using this form by 11:59pm AEST on the 31st July 2024. This promotion is exclusive to CPAP Direct and will not be offered by any of their partnering businesses. All sales invoice numbers will be verified with CPAP Direct before the e-Gift Card is issued. All eligible registrations will receive the Electronic Mastercard Gift Card (e-Gift Card) to the value of AUD$150 via SMS or Email as selected by the registrant. The Gift Card will not issued if the device is returned under the ResMed 30 Day Money Back Guarantee and registration in this promotion will be forfeited. The Electronic Gift Cards are issued by EML Payment Solutions Limited ABN 30 131 436 532 AFSL 404131 (“EML”) pursuant to license by Mastercard and distributed by TCN Group Pty Ltd ABN 87 626 501 568 (“TCN”). If you acquire the Gift Card, you will have a contract with TCN. Electronic Gift Cards will be issued to all eligible registrants on the 5th August 2024. All contact information provided upon registering implies that it is correct and without error. CPAP Direct and/or TCN will not be responsible if incorrect information has been provided at the time of registration. The registrant accepts that any incorrect information provided may not be able to be edited and therefore lead to them forfeiting the Electronic Gift Card promotion. CPAP Direct and/or TCN Group is not responsible if a Gift Card is lost, stolen, destroyed, or used without permission. If you have lost or misplaced your Gift Card and the balance has not been spent or changed from the original amount, email TCN at support@card.gift, and you will be issued a replacement on the condition that the lost or misplaced Gift Card is registered with TCN and they can confirm the remaining used balance. The Electronic Gift Card is not redeemable for cash or exchange for other goods sold by CPAP Direct. The Gift Card can be used for purchasing goods and services where MasterCard prepaid cards are accepted for electronic transactions (excluding transactions at ATMs or over the counter at financial institutions). The card must be activated prior to use and expiry. To activate the Gift Card, you must follow the activation steps provided when the card is issued. If the Gift Card is not activated within 36 months from the date of issue, it will be closed, and the available balance will be forfeited. The Gift Card will be sent digitally via SMS or Email only. For any queries regarding the Electronic Gift Card you have received, please contact TCN at support@card.gift. CPAP Direct does not issue the cards and will not be able to assist with troubleshooting. All registration details will otherwise be kept confidential and in line with Australian privacy laws. For more information on the Electronic Gift Card Terms & Conditions, please visit https://card.gift/page/terms-and-conditions. For all other enquiries, please email support@cpap.com.au.

27. 

10k Giveaway promotion

1. Information on how to enter and prize details form part of these terms & conditions (Terms of entry). The Terms must be read in conjunction with the Schedule. The Schedule defines the terminology used in these Terms of entry. Where there is any inconsistency between these Terms and the Schedule, the Schedule prevails.  Participation in this Promotion is deemed acceptance of these Terms of entry.

2. Entry is open only to legal residents of the Eligible States/Territories who satisfy the Method of entry. Directors, officers, management, employees, suppliers (including prize suppliers) and contractors (and the immediate families of directors, officers, management, employees, suppliers  and contractors) of the Promoter and of its related bodies corporate, and of the agencies and companies associated with this Promotion, including the competition permit providers TPAL (Trade Promotions and Lotteries Pty Ltd) are ineligible to enter. Immediate family means any of the following: spouse, ex-spouse, child or step-child (whether natural or by adoption), parent, step-parent, grandparent, step-grandparent, uncle, aunt, niece, nephew, brother, sister, stepbrother, step-sister or first cousin.

3. The Promotion will be conducted during the Promotion period. 

4. The time zone applicable to any time stated, relates to the state or territory where the Promoter is located, unless expressly stated to the contrary.

5. The Prize/s are specified in the Details of prizes section of the Schedule. 

6. The total prize pool is specified in the Total prize value section of the Schedule. 

7. Any prize is valued in Australian dollars unless expressly stated to the contrary.

8. All vouchers are valid until the expiry date stated on the voucher or by the provider of the voucher.

9. Entrants agree to comply with any conditions which accompany the Voucher.

10. Neither the Promoter nor the voucher provider is liable for any voucher that has been stolen, forged, lost, damaged or tampered with in any way.

11. Entrants are advised that tax implications may arise from their prize winnings and they should seek independent financial advice prior to acceptance of their prize(s). The Promoter accepts no responsibility for any tax implications that may arise from accepting a prize. Entrants are responsible for any and all expenses that they incur in entering the competition and they will not be reimbursed regardless of whether or not they win the competition. © T&Cs by TPAL Document ID 5FF1DB2D 

12. The entrants must follow the Method of entry during the Promotion period to enter the Promotion. Failure to do so will result in an invalid entry. The Promoter will not advise an Entrant if their entry is deemed invalid. 

13. The time of entry will be deemed to be the time the entry is received by the Promoter.

14. Entrants may submit up to the Maximum number of entries (if applicable).

15. The Promoter accepts no responsibility for any late, lost, delayed, incomplete, incorrectly submitted, corrupted, illegible or misdirected entries, claims or correspondence whether due to omission, error, alteration, tampering, deletion, theft, destruction, disruption to any communication network or medium, or otherwise including those entries not received by the Promoter for any reason.  The Promoter is not liable for any consequences of user error including (without limitation) costs incurred. No correspondence will be entered into.

16. The prize(s) will be awarded to the valid entrant(s) drawn randomly in accordance with the Prize draw details. The Promoter may draw additional reserve entries (and record them in order). In the event of an invalid entry or an ineligible entrant, or if the entrant is ineligible to accept the prize, the prize will be awarded to the first reserve entry drawn. If the prize can’t be awarded to the entrant drawn, the promoter will then continue this process until the prize is awarded.   

17. The winner does not need to be present at the draw unless expressly stated to the contrary.

18. The winner(s) will be notified in accordance with the Notification of winners and Notification of unclaimed prize winners (if applicable) sections of the Schedule. Notification to winners will be deemed to have occurred on the later of the time the winner receives actual notification from the Promoter or two business days thereafter. The notification will include details about how the prize(s) can be claimed.

19. The Promoter takes no responsibility where it is unable to contact prize winners who have not provided correct or complete contact details. If an entrant’s contact details change during the promotional period, it is the entrant's responsibility to notify the Promoter. A request to modify any entry information should be directed to Promoter.

20. It is a condition of accepting any prize that the winner must comply with all the conditions of use of the prize and the prize supplier’s requirements. Each prize must be taken as stated and no compensation will be payable if a winner is unable to use the prize as stated.

21. The winner(s) first initial, last name and postcode will be published in accordance with the Public announcement of winners section of the Schedule (if applicable). 

22. If the prize(s) has not been claimed by the Unclaimed prize draw time and date and subject to any written directions from a State lottery agency, the Promoter may conduct an Unclaimed prize © T&Cs by TPAL Document ID 5FF1DB2D  draw in accordance with the Unclaimed prize draw section of the Schedule (if applicable).  In the event the Unclaimed prize draw takes place, the Promoter will attempt to contact the winner(s) of the Unclaimed prize draw in accordance with the Notification of unclaimed prize draw section of the Schedule, and if applicable, the name and State/Territory of residency of any winner(s) of the Unclaimed prize draw will be published in accordance with the section of the Schedule entitled Public announcement of winners from unclaimed prize draw. If a prize is no longer available the promoter may substitute with a prize of higher or equal value subject to any written directions from a regulatory authority.  The promoter is not allowed to deduct any administrative costs associated with provision of the prize.

23. To the greatest extent permitted by law, the Promoter excludes all warranties, representations or guarantees (Warranties) regarding the Promotion and any prizes, including any Warranties which may have been made in the course of advertising or promoting the Promotion. The conduct of the Promotion or the supply of prizes may involve third parties, and the Promoter makes no Warranties and disclaims all liability in connection with any such third parties, their acts or omissions. By entering the Promotion, an entrant releases and indemnifies the Promoter and its related bodies corporate (including the officers, employees and agents of each) from and against all actions, penalties, liabilities, claims or demands the entrant may have against the Promoter or that the Promoter may incur for any loss or damage which is or may be suffered or sustained as a direct or indirect result of an entrant entering or participating in the Promotion or winning or failing to win a prize, or using or permitting any other person to use the prize, except for any liability which cannot be excluded by law or which would cause any part of this clause to be void or unenforceable. 

24. If despite the foregoing clause, the Promoter incurs a liability to an entrant under any law which implies a Warranty into these Terms of entry which cannot legally be excluded, the Promoter’s liability in respect of the Promotion is limited, in the Promoter’s discretion, to either resupplying such goods or services as form part of the Promotion, or paying the cost of resupplying those goods or services.

25. Without limiting any of the foregoing, in no circumstances will an entrant or the Promoter have any liability to the other for any loss or damage suffered which is indirect or consequential in nature, including without limitation any loss of profit, loss of reputation, loss of goodwill, or loss of business opportunity. 

26. The Promoter and its associated agencies and companies will not be liable for any delay, damage, or loss in transit of prizes.

27. The Promoter may in its absolute discretion not accept a particular entry, may disqualify an entry, or cancel the entire Promotion at any time without giving reasons and without liability to any entrants, subject to any written directions from a regulatory authority. Without limiting this the Promoter reserves the right to verify the validity of entries, prize claims and entrants and to © T&Cs by TPAL Document ID 5FF1DB2D  disqualify any entrant who submits an entry or prize claim that is misleading or not in accordance with these Terms of entry or who manipulates or tampers with the entry process. In the event that a winner breaches these Terms of entry, the winner will forfeit the prize in whole and no substitute will be offered. Verification is at the discretion of the Promoter, whose decision is final. Failure by the Promoter to enforce any of its rights at any stage does not constitute a waiver of those rights.

28. Prizes, or any unused portion of a prize, are not transferable or exchangeable and cannot be taken as cash, subject to any written directions from a regulatory authority. Where a prize is unavailable for any reason, the Promoter may substitute the prize for another item of equal or higher value subject to any written directions from a regulatory authority. The Promoter accepts no responsibility for any variation in prize value (including between advertising of the Promotion and receipt of the prize).

29. In the case of the intervention of any outside act, agent or event which prevents or significantly hinders the Promoter’s ability (or that of a third party involved with the Promotion) to proceed with the Promotion on the dates and in the manner described in these Terms of entry, including but not limited to vandalism, natural disasters, acts of God, civil unrest, strike, war, act of terrorism, the Promoter’s obligations in respect of the Promotion will be suspended for the duration of the event and, in addition, the Promoter may in its absolute discretion cancel the promotion and recommence it from the start on the same conditions, subject to approval of the relevant authorities. 

30. All entries become the property of the Promoter. As a condition of entering into this Promotion, entrants agree to assign all their rights in and to their entry and any related content to the Promoter, including any copyright or other intellectual property rights in the entry and related content. Without limiting this, the Promoter may use entry content for any and all purposes including commercial purposes. You warrant that entry content is original, lawful and not misleading and that the Promoter’s use of such content will not infringe the rights of any third parties. The Promoter has no obligation to credit you as the author of any content submitted and may otherwise do any acts or omissions which would otherwise constitute an infringement of any moral rights you may have as an author of content. 

31. Entrants consent to the Promoter using the personal information provided in connection with this promotion for the purposes of facilitating the conduct of the promotion and awarding any prizes, including to third parties involved in the promotion and any relevant authorities. In addition to any use that may be outlined in the Promoter’s Privacy Policy, the Promoter including third parties may, for an indefinite period, unless otherwise advised, use the private information for promotional, marketing, publicity, research and profiling purposes, including sending electronic messages or telephoning the entrant. © T&Cs by TPAL Document ID 5FF1DB2D 

32. The collection and disclosure of personal information provided in connection with this promotion will be handled in accordance with the Promoter's Privacy statement which adheres to the Privacy Act 1988 (cth) and Australian Privacy Principles.

33. The Promotion and these Terms of entry will be governed by the law of the State or Territory in which the Promoter ordinarily resides. Entrants accept the non-exclusive jurisdiction of courts and tribunals of that State or Territory in connection with disputes concerning the Promotion.

34. Facebook, YouTube, Instagram, TikTok or Snapchat may be used to advertise or promote the Promotion. By entering the Promotion, entrants agree that the Promotion is in no way sponsored, endorsed or administered by, or associated with Facebook, YouTube, Instagram, TikTok or Snapchat; and to release Facebook, YouTube, Instagram, TikTok or Snapchat from all liability in relation to this Promotion. Any questions, comments or complaints regarding the Promotion should be directed to the Promoter and not Facebook, YouTube, Instagram, TikTok or Snapchat.