TERMS OF USE

Welcome to the Poonami website! This website (“Site”) is operated by POONAMI PTY LTD ABN 78 665 150 694 (‘Poonami’ or “we” or “us”). 

Your use of the Site is governed by the following Terms of Use, together with any other terms and conditions and policies which you may find on our Site regarding certain functionality, features, processes, or promotions (such as our Returns & Exchanges Policy) (collectively "Terms"), and any other laws or regulations which apply to the Site. 

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The Terms, as made available on our Site from time to time, form the whole of the agreement between you and Poonami in respect of your use of the Site and any supply of goods or services to you by or on behalf of Poonami (“Goods” or “Poonami Products”) made in connection with the Site. Your use of this Site indicates your acceptance of these Terms, which form a binding agreement between you and Poonami. To the extent that any inconsistency arises between these Terms and a separate policy in relation to the supply or return of Goods that is published on our Site, these Terms will apply. These Terms will supersede and replace any subsequent terms or conditions provided by you or on your behalf to us in connection with an order for Goods you make through our Site (“Order”), whether or not such terms or conditions are signed by Poonami.

These are the current Terms of Use and replace any previous Terms of Use. Poonami may at any time vary the Terms of Use by publishing varied Terms of Use on the Site. You acknowledge that by doing this, Poonami has provided you with sufficient notice of the variation of the Terms of Use and that you will comply with the Terms of Use, as varied from time to time and at any time. Since you are bound by these Terms of Use, you should periodically refer to them.

You must not use the Site, the Material, or the Goods in any manner or for any purpose which is unlawful or in any manner which violates any right of Poonami, a related entity of Poonami, or a relevant third party, or which is prohibited by these Terms and Conditions.

A. YOUR USE OF THIS SITE 

1. INTELLECTUAL PROPERTY 

All intellectual property rights:

(a) in the registered trademark “Poonami”, the Goods, the Site, and all information and materials displayed or hosted on the Site including design, text, images, animation and other graphics, logos, icons, sound recordings, trademarks, and software (“Material”), belong to or are licensed by Poonami; and

(b) including copyright, trademarks, logos, images, product and company names referred to in this Site, whether registered or unregistered, are the property of their respective owners.

Poonami reserves all rights in respect of intellectual property, the Material, the Goods, and the Site, which is provided for personal or pre-approved commercial use only and must not be:

(a) re-sold and/or re-distributed in any material form;

(b) stored in any storage media; and/or

(c) re-transmitted in any media,

except as expressly permitted by this Site, without the prior written consent of Poonami.

You may access, use, download material or purchase Poonami Products from the Site for your personal and permitted pre-approved commercial use provided you do not remove any copyright and trade mark notices contained on the Material or Poonami Products.

You may not in any form or by any means modify, copy, adapt, reproduce (other than for the purpose of viewing the Site in your browser), store, distribute or commercialise:

(a) the layout of the Site; or

(b) the Material or any computer software and code contained in the Site.

2. INFORMATION ON THE SITE

Poonami has made reasonable efforts to ensure that the Material is free from error. Poonami however does not warrant the accuracy, adequacy or completeness of Material. The Site is intended to provide general information only. Information contained in the Site does not constitute or contain professional or other advice and may contain information that is outdated or incorrect. If you require specific information or assistance, please contact us via email at contact@poonami.com.au. All Material is subject to change without further notice.

3. COMMUNICATION FACILITIES

3.1. The Site may contain communication facilities which provide for feedback by users to Poonami, and may contain other electronic messaging and notice services (Communication Facilities)

3.2. It is a condition of your use of any Communication Facility and your access to the Site that you DO NOT do any of the following:

(a) post or transmit any unlawful, threatening, abusive, defamatory, obscene, vulgar, pornographic, profane or indecent information, image, text or other material of any kind whatsoever, including without limitation any transmissions that would constitute a criminal offence, give rise to civil liability or otherwise violate any applicable law;

(b) post or transmit any information, image, text or other material of any kind whatsoever which violates or infringes upon the rights of any other person, without first obtaining permission from the owner or relevant right holder;

(c) post or transmit any Material of any kind which contains a virus or other harmful component;

post, transmit or in any way exploit any Material of any kind for commercial purposes, or which contains any promotional material or advertising;

3.3. Poonami may from time-to-time monitor or review the contents of its Communication Facilities and reserves its right to edit, refuse to post or to remove any Materials (in whole or in part) that in Poonami’s sole discretion is in any way objectionable or in violation of any applicable law or these Terms of Use. Poonami has no obligation whatsoever to monitor any Communication Facility or to edit, delete or refuse to post such contents, nor is Poonami responsible for any contents in any Communication Facilities. You expressly acknowledge and agree that the Communication Facilities provide a means of public and not private communications.

3.4. Poonami reserves the right to cooperate fully with any law enforcement authority in any jurisdiction in respect of any lawful direction or request to disclose the identity or other information in respect of anyone posting any materials which violate any applicable or relevant law.

4. USER LICENCE

4.1. By placing any information or other material on the Site (including inputting data or engaging in any other form of communication), you grant to Poonami a perpetual, royalty-free, non-exclusive, irrevocable, unrestricted, worldwide licence to do the following in respect of the information or material:

(a) use, copy, sublicense, redistribute, adapt, transmit, publish and/or broadcast, publicly perform or display; and

(b) sublicense to any third parties the unrestricted right to exercise any of the foregoing rights granted.

4.2. The foregoing grant includes the right to exploit all proprietary rights in any such information or other material including but not limited to rights under copyright, trademark, service mark or patent laws under any jurisdiction worldwide. You expressly waive in favour of Poonami and any other party authorised by Poonami all moral rights and any similar rights in any jurisdiction which you may have or hereafter acquire in respect of any relevant communication or other material. At the request and expense of Poonami, you will execute and deliver to Poonami such instruments and take such other actions as may be required to give full legal effect to this grant of licence and waiver.

5. ACCOUNT MANAGEMENT 

If you wish to buy Goods, or have access to certain Site functionality, you may first be required to create an account on our Site. You are responsible for your use of this Site, and you must not give your account details to anyone else.  If someone else accesses this Site using your account details, then you are also responsible for use of the Site by that person.  If you believe your account has been or may be accessed by an unauthorised user, it is your responsibility to update your account details and to notify Poonami immediately of any potential security breach or fraudulent activity. Although we will not be liable for any loss you suffer as a result of unauthorised use of your account, you will be liable for any loss we suffer (except where the unauthorised use or access was outside your reasonable control).

B. ORDERS 

6. PERSONAL USE ONLY

6.1. Goods sold through the Site are intended for your personal use only. Goods are not supplied for the purpose of resale or permitted to be resold without Poonami’s prior written consent. 

6.2. Poonami will not be liable in respect of Goods that are resold without authorisation, and you may be personally liable for any resulting loss, cost, damage, or claim. 

6.3. Particularly due to potential health and safety risk, we may place specific conditions on the resale or resupply of Poonami Products. Anyone wishes to act as a reseller or retailer of Poonami Products must seek prior consent from Poonami directly. Please contact us with any distribution or retail enquiries.

7. ACCEPTANCE POLICY 

Your receipt of an Order confirmation, in electronic or any other form, does not signify our acceptance of your Order, nor does it constitute confirmation of our offer to sell Goods to you. A contract will not be formed between Poonami and you for the purchase of goods until you receive a shipment confirmation email from us. Poonami reserves the right to, by written notice to you at any time after receipt of your Order but before shipping confirmation is provided, decline your Order for any reason or supply less than the quantity of Goods ordered. 

8. PRICING & PAYMENT

8.1. Prices payable for Goods (Prices), including as set out on the Site, are subject to change without notice to you. You agree to pay Poonami the Prices as quoted at the time of Order, which will be charged to your nominated method of payment (where valid and accepted). 

8.2. Prices quoted are in Australian Dollars.  You acknowledge and agree that all credit cards will be charged in Australian Dollars and the prices confirmed at the time of Order are inclusive of GST and applicable taxes, fees, and charges unless otherwise notified to you prior to purchase.

8.3. In the event that a product is listed on our Site at an incorrect Price or with incorrect information due to typographical error or error in pricing or product information, Poonami shall have the right to refuse or cancel any Orders placed for such products (including if such Orders have been confirmed or payment of the Price has been processed). 

8.4. If your payment has already been processed and your Order is cancelled, Poonami will issue a credit to your account in the amount of the Order.

9. ORDER CANCELLATIONS

If you notify us before Goods have been dispatched, Poonami may, but is not obligated to, accommodate Order cancellations. If items have been shipped, Poonami reserves the right to refuse Order cancellation or charge a reasonable cancellation fee should we be able to request the return of the package from our delivery service. Apart from the foregoing, an Order cannot be cancelled once placed by you.

10. CHANGE OF ADDRESS

The shipping address for your Order is shown in the checkout and on your Order confirmation and shipping confirmation emails. In the event that an incorrect address was entered, address changes can only be made before the Order is shipped. Poonami cannot accommodate all address change requests. Poonami takes no responsibility for Orders shipped to an address provided by you that is incorrect or invalid and is not liable for any loss, cost, expense, or damage arising from an Order being shipped to such an address. 

11. PRIVACY

11.1 Any personal information you provide to Poonami will be collected, used, stored, and disclosed for the purpose of processing your Orders, providing information about our products or services, and communicating with you as a member of the Poonami customer community and otherwise in accordance with applicable law.

11.2 By submitting an Order you grant us the right to add your contact details to our database and use them to contact you regarding your Order, shipping, and other products or promotions. From time to time, we may contact you about offers and new products. You can easily be removed from our subscriber list by either unsubscribing via a link in any email you receive from us, or by contacting our Customer Support at contact@poonami.com.au.  

12. PROMOTIONS

(a) Promotions, discounts and promotional codes (collectively "Promotions") are valid for the specified time period for online purchases of Goods only and may be used one time only unless otherwise stated.

(b) One time use Promotions must be used in their entirety in a single purchase. Any amounts not redeemed in the applicable purchase will be forfeited. Promotions cannot be combined with other promotions.

(c) Promotions do not apply to gift certificates, GST or duties or similar services.

(d) Promotions do not apply to shipping unless expressly stated otherwise.

(e) Promotions cannot be applied retroactively to previously placed Orders or to Orders that have been adjusted.

(f) For Promotions requiring a minimum order size, charges for shipping and credits from gift certificates do not count towards the minimum order size requirement.

(g) For Promotions where you must buy 1 (or more) item(s) to get a reduction on the second (additional) item(s), the discount will be applied at checkout to the lower priced item.

(h) If Goods were purchased with a Promotion and subsequently returned, you will be issued a credit or refund at the promotional price and, if the Promotion has expired, it cannot then be applied to a replacement or future Order.

(i) If you return a gift that was purchased with a Promotion and the Promotion has expired, you cannot apply the expired Promotion to a replacement or future Order.

(j) Promotional items are available only while supplies last; Poonami does not issue rain-checks for items that run out of stock.

(k) Poonami, at its sole discretion but subject to applicable law, can extend or terminate a Promotion at any time.

(l) Poonami has no obligation to advise an entrant of an incomplete or incorrect entry and will not be accountable for the return of any item Ordered incorrectly.

(m) Please note discount coupons are valid for non-sale items only and cannot be used during sale periods.

(n) By claiming a promotional offer on your Order, you agree that you have understood the terms and conditions of that promotion.

13. LINKED SITES

12.1 The Site may contain links to other Sites operated by third parties (Third Party Sites). These links are provided solely for your convenience and are not an indication that Poonami endorses the products or services that are provided by that website.  When accessing third party sites and using those products and services you agree and undertake to do so at your own risk.

12.2 Poonami makes no warranties regarding the accuracy, adequacy or completeness of the material on Third Party Sites. Also, Poonami makes no warranties that material on Third Party Sites does not infringe the intellectual property rights of any person or that reproduction of material on Third Party Sites is authorised.

12.3 Unless Poonami provides prior written consent, you are prohibited from placing a hyperlink to Poonami’s Site on any other website or platform for any commercial purpose or in any manner that may create a misleading or deceptive representation in respect of the Site, the Goods, or Poonami. Poonami does not offer any payment, benefit, or incentive and is not liable to you in any way in respect of your action in linking to or the Site or referring to our Goods or the Poonami brand save if and to the limited extent agreed in writing with you. For any inquiries about linking to our Site, please contact us at contact@poonami.com.au

C. GOODS

14. DELIVERY

The delivery times provided by Poonami are estimates only. You are not relieved of any obligation to accept delivery of or pay for Goods because of a delay in delivery.  Poonami will make all reasonable efforts to deliver the Goods to you at the time and on the date agreed as the delivery date, however, time is not of the essence under these Terms and, except where Poonami has an obligation under the Australian Consumer Law, Poonami is not liable for any failure to deliver or delay in delivery for any reason including, without limitation, where an event beyond our reasonable control occurs (such as a result of any strike, trade dispute, fire, tempest, theft, breakdown, or similar). You agree that Poonami is not liable to you for any cost, expense, loss or damage arising out of such a delay in delivery or a failure to deliver. 

15. TITLE AND RISK 

(a) Risk in the Goods will pass to you once the Goods depart from Poonami’s Australian warehouse, unless otherwise agreed in writing. 

(b) Title in the Goods will remain with Poonami and will pass to you only upon receipt of full payment of the Price and any other amounts owing to Poonami. 

16. PRODUCT QUALITY & SAFETY

16.1 If you have received a Poonami Product which you believe is faulty, please contact our Customer Support team at contact@poonami.com.au to arrange a refund, replacement or repair. Where Goods are faulty, Poonami may (at its sole discretion): 

(a) refund the Price paid for the Goods (including a partial refund); or 

(b) replace the Goods. 

16.2 Our Customer Support team will respond to your enquiry to discuss next steps. We do not provide a refund for change of mind. Goods returned without prior approval from our Customer Support team will not be accepted (for health and safety reasons) and we may not be able to respond to any returns enquiry submitted through any channel other than the Customer Support email address. 

16.3 The Poonami returns policy (as set out here or elsewhere on our Site) does not seek to limit your rights and Poonami’s rights and obligations under the non-excludable provisions of the Australian Consumer Law (contained in Schedule 2 of the Competition and Consumer Act 2010). 

16.4 If you or any person experiences any allergic reaction, injury, or other adverse effect through use of a Poonami Product immediately cease use and seek medical attention as appropriate. Poonami Products are not represented as being suitable for persons with sensitivities, allergies, or particular medical conditions and should not be applied to broken skin or where the area of application is subject to a rash, infection, or injury. Please contact at contact@poonami.com.au if you experience an adverse reaction or have an questions or concerns regarding the quality or safety of our products.  

D. GENERAL

17. Warranties 

16.1 The Australian Consumer Law (under the Competition and Consumer Act 2010 (Cth)) and similar State and Territory consumer laws in Australia or elsewhere that may confer rights and remedies on you in relation to the provision of Goods by Poonami or your use of the Site which cannot by law be excluded, restricted or modified (“Non-excludable Rights”). Poonami does not exclude any Non-excludable Rights.

16.2 Except to the extent of any inconsistency with your Non-excludable Rights, you acknowledge and agree by using the Site or placing an Order that:

(a) the Site and all Materials are provided "as is" and without warranties of any kind, either express or implied;

(b) Poonami does not warrant that the functions contained on the Site or in any Material or any Communications Facility or your access to the Site will be uninterrupted or error-free, that any defects will be corrected or that the Site or the server which stores and transmits the Site or Materials to you are free of viruses or any other harmful components;

(c) Poonami does not warrant or make any representation regarding the availability of or your access to, or the results of your access to, the Site (including any related or Third-Party Sites) or any Material in terms of correctness, accuracy, timeliness, completeness, reliability or otherwise; 

(d) Poonami disclaims all warranties, expressed or implied regarding:

(i) the accuracy, reliability, timeliness, usefulness or otherwise of any information contained or referred to on the Site including Poonami Products, the Material and/or of any linked sites; and 

ii) the merchantability or fitness for any particular purpose for any Goods supplied via or referred to on the Site or on any linked sites; and

(e) Poonami does not, via the Site or otherwise, provide professional, medical, or health advice or recommendations about the suitability of the Poonami Products for any person’s particular use or purpose or in respect of any other matter.

18. OUR LIABILITY TO YOU

18.2 Subject to and save for the Non-Excludable Rights, Poonami and its related entities: 

(a) exclude all warranties, representations, and liability of any kind (including in negligence) in connection with the Site, the Materials, and/or any Goods advertised or offered for sale via the Site; and

(b) (b) will not be liable to you, whether in contract, tort (including negligence) or otherwise for any economic loss or loss of profit, business, goodwill, revenue, customers, capital, reputation, data, anticipated savings or benefits or any other damages such as indirect, incidental, special, punitive, consequential or similar damages arising from your use of this Site or Material or from the purchase or supply of any Goods.  

18.3 To the maximum extent permitted by law, where any liability of Poonami cannot be excluded, we limit that liability (at our election): 

(a) in respect of any damaged or defective Goods or services provided to you by Poonami to: (i) repairing any Goods; (ii) replacing any Goods or services provided to you by Poonami; or (iii) payment of the cost of having the Goods or services repaired or resupplied; and

(b) otherwise, to payment in the amount of AUD$10. 

19. TERMINATION

These Terms of Use and your access to the Site may be terminated at any time by Poonami without notice. All restrictions, disclaimers and limitations of liability by Poonami will survive termination, however, you will be no longer authorised to access the Site.

20. GOVERNING LAW AND JURISDICTION

These Terms of Use are governed by and construed in accordance with the laws of the State of Victoria, Australia. You irrevocably and unconditionally submit to the non-exclusive jurisdiction of the courts of the State of Victoria, Australia. If any provision of these Terms of Use is found to be invalid or unenforceable by a court of law, such invalidity or unenforceability will not affect the remainder of the Terms of Use, which will continue in full force and effect. 

Contact us

We have tried to make the wording of these Terms clear and easy to read, but the law (and our lawyers!) require some things be said in a certain way.  If you read something in these Terms that you are not sure about, then please seek independent advice. 

Please feel free to contact us if you have any questions about these Terms. 

Last updated: September 2024