PININ TERMS OF USE
Please read these terms carefully before using or accessing this site. By using or accessing the site, you agree to be bound by these terms. Pinin may amend these terms at any time and all amendments will take effect immediately on posting of the amended terms. You should also refer to the privacy policy for users.
AGREEMENT BETWEEN USER AND PININ
Pinin Web Site is offered to you and conditioned on your acceptance without modification of the terms, conditions, and notices contained herein. Your use of Pinin Web Site constitutes your agreement to all such terms, conditions, and notices. Pinin reserve its right to cancel or reject any members' membership or orders, quotes given by Pinin will only be valid for 7 days unless otherwise specified.
MODIFICATION OF THESE TERMS OF USE
Pinin reserves the right to change the terms, conditions, and notices under which Pinin Web Site is offered. You are responsible for regularly reviewing these terms and conditions and additional terms posted on Pinin Web Site. Your continued use of Pinin Web Site constitutes your agreement to all such terms, conditions, and notices.MODIFY SERVICES
Pinin may modify, suspend, discontinue or expand the extent of the services provided on this site at any time in its absolute discretion.INFORMATION ON THIS SITE
Pinin Web Site presents information provided by our suppliers. We make no representations as to the accuracy of the information presented at or via the Web Site.You agree that you must evaluate, and bear all risks associated with, the use of all information at the Web Site, including any reliance on the accuracy, completeness, or usefulness of it. By using the Web Site you agree that Pinin and any of its subsidiary or related or affiliated companies or any of their employees or agents are not responsible for:
a) the accuracy or otherwise of the information displayed or omitted from the Web Site;
b) any person’s reliance on the information presented on the Web Site;
c) any loss in connection with the use of the Web Site.
*Pinin retains its right to reject, and/or cancel any orders and provide full refunds at Pinin's discretion.
PROPRIETARY RIGHTS
You acknowledge and agree that:a) the Web Site and any necessary software used in connection with the Web Site contain proprietary and confidential information that is protected by applicable intellectual property and other laws;
b) The Content contained in sponsor advertisements or information presented to you via the Web Site or third parties such as advertisers is protected by copyrights, trademarks, service marks, patents or other proprietary rights and laws.
Except as expressly authorised by Pinin or the relevant third parties, you agree not to modify, rent, lease, loan, sell, distribute or create derivative works based on the Web Site, in whole or in part.
DISCLAIMER OF WARRANTIES
You expressly understand and agree that:a) your use of the Site is at your sole risk.
b) the Site is provided on an “as is?and “as available?basis.
Pinin expressly disclaims all warranties of any kind, whether express or implied, including without limitation all implied warranties of merchantability, fitness for a particular purpose and non-infringement.
Pinin makes no warranty that:
a) the Site will meet your requirements;
b) the Site will be uninterrupted, timely, secure, or error-free;
c) the results that may be obtained from the use of the Web Site will be accurate or reliable;
d) the quality of any products, services, information, or other material purchased or obtained by you through the Web Site will meet your expectations; and
e) any errors in the Web Site will be corrected.
Any material downloaded or otherwise obtained through the use of the Web Site is done at your own discretion and risk and that you will be solely responsible for any damage to your computer system or loss of data that results from the download of any such material. No advice or information, whether oral or written, obtained by you from Pinin or through or from the Web Site shall create any warranty not expressly stated.
If under any law any terms, conditions or warranties which apply to the supply of goods or services through the Site cannot legally be excluded, restricted or modified then those terms, conditions and warranties apply to the extent required by that law. Except as expressly stated in the terms of use, conditions and warranties that would otherwise be implied are excluded.
LIMITATION OF LIABILITY
You understand and agree that Pinin, its related corporations and the employees and agents of each is not liable for any damages, economic or other loss or damage whether direct, indirect, incidental, special, consequential or exemplary and even if Pinin has been advised of the possibility of such damages, arising out of any breach of any implied or express term, condition or warranty or suffered as a result of the negligence of any of them (including without limitation loss of profits, goodwill, use, data or other intangible losses) or in respect of:a) the use of, or the inability to use the Web Site;
b) the cost of procurement of substitute goods and services resulting from any goods, data, information or services purchased or obtained or messages received or transactions entered into via or from the Web Site;
c) unauthorised access to or alteration of your transmissions or data;
d) statements or conduct of any third party on the Site; or
e) any other matter relating to the Site or products ordered through the Site.
To the extent permitted by law Pinin liability for any breach of a condition or warranty which must be implied into the terms of use by the Trade Practices Act 1974 (Cth) is limited to:
in the case of goods supplied by Pinin to any one of the following at our option:
a) the replacement of the goods or the supply of equivalent goods;
b) the repair of the goods;
c) the payment of the cost of replacing the goods or of acquiring equivalent goods;
d) the payment of the cost of having the goods repaired; and
in the case of services supplied by Pinin to any one of the following at our option:
e) the supplying of the services again;
f) the payment of the cost of having the services supplied again.
TRADE MARK INFORMATION
Pinin name and trade marks, including the distinctive slogans and logos, that appear at the Web Site are trade marks of Pinin or other third parties (the Trade Marks). You agree not to display or use or link to the Trade Marks in any manner without prior permission from Pinin or the relevant third party owner.LINKS TO THIRD PARTY SITES OR SERVICES
This site contains links to sites of third parties. Those sites are not under the control of Pinin and Pinin is not responsible in any way for the contents of any linked site. The links are provided for your convenience only and the existence of the link does not imply any endorsement of the linked site by Pinin. Any link by you to a third party’s site is done at your own risk.
Pinin is not responsible for webcasting or any other form of transmission received from any linked site.
This site also contains advertisements for third parties (including banner ads or other types of advertisements). Those advertisements may also contain links to other sites controlled by third parties. Any third party pays for its advertising on this site and Pinin does not recommend or endorse any products or services offered by its advertisers. You must check with the advertiser for information about products or services offered.
Pinin does not endorse any offers made by any third parties and Pinin is not a party to the making of the offer. The third party advertiser is solely responsible to you for the offer and for any goods and services you purchase from them.
INDEMNITY
Pinin relies on you observing these terms at all times. You agree to indemnify and hold Pinin and its officers and employees harmless from any claims of any nature whatsoever (including legal costs) by any third party arising out of or in connection with your use of this site. The indemnity is this clause extends to and covers your breach of these terms.REVIEWS, COMMENTS, COMMUNICATIONS, AND OTHER CONTENT
Visitors may post reviews, comments, photos, and other content; send e-cards and other communications; and submit suggestions, ideas, comments, questions, or other information, so long as the content is not illegal, obscene, threatening, defamatory, invasive of privacy, infringing of intellectual property rights, or otherwise injurious to third parties or objectionable and does not consist of or contain software viruses, political campaigning, commercial solicitation, chain letters, mass mailings, or any form of "spam." You may not use a false e-mail address, impersonate any person or entity, or otherwise mislead as to the origin of a card or other content. Pinin reserves the right (but not the obligation) to remove or edit such content, but does not regularly review posted content.
If you do post content or submit material, and unless we indicate otherwise, you grant Pinin a nonexclusive, royalty-free, perpetual, irrevocable, and fully sublicensable 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 Pinin and sublicensees the right to use the name that you submit in connection with such content, if they choose. You represent and warrant that you own or otherwise control all of the rights to the content that you post; that the content is accurate; that use of the content you supply does not violate this policy and will not cause injury to any person or entity; and that you will indemnify Pinin for all claims resulting from content you supply. Pinin has the right but not the obligation to monitor and edit or remove any activity or content. Pinin takes no responsibility and assumes no liability for any content posted by you or any third party.
COPYRIGHT COMPLAINTS
Pinin respects the intellectual property of others. If you believe that your work has been copied in a way that constitutes copyright infringement, please email info@pinin.com.au with a clear description explaining the copyright issue.
RISK OF LOSS
All items purchased from Pinin are made pursuant to a shipment contract. This means that the risk of loss and title for such items pass to you upon our delivery to the carrier.
PRODUCT DESCRIPTIONS
Pinin attempts to be as accurate as possible. However, Pinin does not warrant that product descriptions or other content of this site is accurate, complete, reliable, current, or error-free. If a product offered by Pinin itself is not as described, your sole remedy is to return it in unused condition.
PRICING
Except where noted otherwise, the List Price displayed for products on our website represents the full retail price listed on the product itself, suggested by the manufacturer or supplier, or estimated in accordance with standard industry practice; or the estimated retail value for a comparably featured item offered elsewhere. The List Price is applicable to products purchased online and may not apply if the products were offline, such as at a convention or at a shopfront. The List Price is a comparative price estimate and may or may not represent the prevailing price in every area on any particular day. For certain items that are offered as a set, the List Price may represent "open-stock" prices, which means the aggregate of the manufacturer's estimated or suggested retail price for each of the items included in the set. Where an item is offered for sale by one of our merchants, the List Price may be provided by the merchant.
With respect to items sold by Pinin, we cannot confirm the price of an item until you order; however, we do NOT charge your credit card until after your order has entered the shipping process. Despite our best efforts, a small number of the items in our catalog may be mispriced. If an item's correct price is higher than our stated price, we will, at our discretion, either contact you for instructions before shipping or cancel your order and notify you of such cancellation.
Please note that this policy applies only to products sold and shipped by Pinin. Your purchases from third-party sellers using Pinin Payments are charged at the time you place your order, and third-party sellers may follow different policies in the event of a mispriced item.
NOTICES
Notices must be in writing and may be given by hand, ordinary prepaid post, facsimile or email. A notice by us to you is taken to be duly given and received -GENERAL
These terms are covered by the law in force in the State of NSW and the parties are to submit to the non-exclusive jurisdiction of the courts of NSW.If any of these terms is held by any court to be invalid, the remaining terms will remain in full force and effect.
