Thank you for visiting pinballmania.com.au. We have prepared the terms & conditions below to ensure that your experience on our website is one you’ll want to repeat again and again. Pinball Mania provides this site as a service to its customers. Please review the following basic rules that govern your use of our site. Please note that your use of our site constitutes your agreement to follow and be bound by these terms. If you do not agree to these terms, please do not use this site. Although you may “bookmark” a particular portion of pinballmania.com.au and thereby bypass this agreement, your use of this site still binds you to the terms. Since Pinball Mania may revise this agreement at any time, you should visit this page periodically to review the terms of your use. Should you have any questions concerning any of our policies, please contact us.
YOUR PRIVACY At Pinball Mania, the importance of protecting your privacy is paramount. This Privacy Policy sets out our commitment to protecting the privacy of your personal information collected through our website pinballmania.com.au. Please read this Privacy Policy carefully. Please contact us if you have any questions. You providing us with personal information indicates that you have had sufficient opportunity to access this Privacy Policy and that you have read and accepted it. It is your choice whether you give us your personal information, however it may affect your use of the Site. The type of personal information we collect includes – your full name and contact details (such as phone and email), – the name, address and contact details of the person who will take delivery of the product, – your billing information, – any personal information you disclose to us when you complete an online form on our website pinballmania.com.au (website), or send us via email.
LEGAL INFORMATION COPYRIGHT & TRADMARK This website is expressly owned and operated by Pinball Mania. The mailing address for Pinball Mania, 2a O’Briens Rd Hurstville 2220. Unless otherwise noted, all design and content featured on pinballmania.com.au – including navigational buttons and images, artwork, graphics, photography, text, and the like-are copyrights, trademarks, trade dress, and/or intellectual property that are owned, controlled, or licensed by Pinball Mania. This website in its entirety is protected by copyright. All worldwide rights, titles, and interests are reserved. The contents of our website and the website as a whole are intended solely for your personal, noncommercial use. Any use of our website and its content for purposes other than personal and noncommercial is prohibited without the prior written permission of Pinball Mania. Do not reproduce, publish, display, modify, sell, or distribute any of the materials from Pinball Mania. You may, however, download or electronically copy and print any of the page contents displayed on the site, but please remember that these are available for your personal, noncommercial use only. Should you choose to download, copy, or forward any site materials via email, no right, title, or interest in those materials will be transferred to you.
LIMITATION OF LIABILITY Given the unpredictability of technology and the online environment, Pinball Mania does not warrant that the function or operation of this website will be uninterrupted or error-free, that defects will be corrected, or that this site or the server that makes it available will be free of viruses or other harmful elements. As a visitor to and user of this website, you must assume full responsibility for any costs associated with the servicing of equipment used in connection with the use of our website. As a visitor to and a user of this website, you, in effect, agree that your access will be subject to the terms and conditions set forth in this legal notice and that access is undertaken at your own risk. Pinball Mania shall not be liable for damages of any kind related to your use of or inability to access this website.
INACCURACIES We endeavor to present the most recent, most accurate, and most reliable information on our website at all times. However, there may be occasions when some of the information featured on pinballmania.com.au may contain incomplete data, typographical errors, or inaccuracies. Any errors are wholly unintentional and we apologise if erroneous information is reflected in merchandise price, item availability, or in any way affects your individual order. Please be aware that we present our content “as is” and make no claims to its accuracy, either expressed or implied. We reserve the right to amend errors or to update product information at any time without prior notice. In the event a Pinball Mania product is listed at an incorrect price due to photographical error, typographical error or error in pricing information from our suppliers, Pinball Mania shall have the right to refuse or cancel any orders placed for product listed at the incorrect price. Pinball Mania shall have the right to refuse or cancel any such orders whether or not the order has been confirmed and your credit card charged. If your credit card has already been charged for the purchase and your order is cancelled, Pinball Mania shall issue a credit to your credit card account in the amount of the incorrect price.
AVAILABILITY At pinballmania.com.au , we go out of our way to select the kind of distinctive merchandise for which the Pinball Mania brand is recognised. Please understand that many of our featured items are offered in limited quantities and, because of their limited availability, stock will not and cannot be refreshed. That means once an item is gone, it may be gone for good and not appear on the website again. When an item featured on pinballmania.com.au is no longer in stock, we make every attempt to mark the item sold on the website in a timely manner. Should you have any questions concerning the availability of a particular item, please contact us at 0410 593 699, Monday to Friday 12noon – 5pm EST.
PRODUCT INFORMATION The prices displayed on the website, are quoted in AU Dollars and are valid and effective only in the Australia.
COLOURS We have made every effort to display as accurately as possible the colors of our products that appear on the website. However, due to monitor discrepancies, we cannot guarantee that your display of color will be accurate.
INDEMNIFICATION You agree to indemnify, defend, and hold harmless Pinball Mania, its officers, directors, employees, agents, licensors and suppliers (collectively the “Service Providers”) from and against all losses, expenses, damages and costs, including reasonable attorneys’ fees, resulting from any violation of these terms and conditions or any activity related to your account (including negligent or wrongful conduct) by you or any other person accessing the site using your Internet account.
CORRESPONDENCE Although we will make every effort to respond quickly to applicable email messages, pinballmania.com.au is under no obligation to respond to all pieces of correspondence received through this site, or to maintain your submitted comments in confidence, or to pay compensation of any kind for your comments or submissions. While we welcome your comments and feedback regarding pinballmania.com.au, our merchandise and our services, we do not wish to receive any confidential or proprietary ideas, suggestions, materials, or information via this website or any email connection. Please note that all of your comments, feedback, ideas, suggestions, and other submissions that are disclosed or submitted to our business through pinballmania.com.au shall become and remain the property of Pinball Mania. Any such disclosure or submission by you is a declaration of the full release of all proprietary claims and/or intellectual rights regarding your submission. However, we will not use your name in connection with any such materials, information, suggestions, ideas or comments unless we first obtain your permission or otherwise are required by law to do so.
PINBALL MANIA ARBITRATION AGREEMENT Mindful of the high cost of legal disputes, not only in dollars but also in time and energy, both you and Pinball Mania, agree that any controversy, claim, action, or dispute in any way related to your use of any Pinball Mania website, any purchase from Pinball Mania, or to any products or services sold or distributed by Pinball Mania (“Dispute”) will be resolved by this dispute resolution procedure and arbitration agreement (“Arbitration Agreement”).
INFORMAL DISPUTE RESOLUTION Either party asserting the Dispute shall first try in good faith to settle such Dispute by providing written notice to the other party (by registered mail) describing the facts and circumstances (including any relevant documentation) of the Dispute and allowing the receiving party 30 days in which to respond to or settle the Dispute. Notice shall be sent (1) to Pinball Mania at: Pinball Mania 2a O’Briens Rd Hurstville 2220 or: (2) to you at: your last-used billing address or the billing and/or shipping address in your online profile. Both you and Pinball Mania agree that this dispute resolution procedure is a condition precedent which must be satisfied prior to initiating any arbitration or filing any claim against the other party.
SCOPE OF ARBITRATION AGREEMENT To the extent you cannot resolve any Dispute through the informal dispute resolution procedure described above, a Dispute shall be resolved through binding individual arbitration. Accordingly, you and Pinball Mania agree to give up the right to go to court to assert or defend rights under this Arbitration Agreement and with respect to any Dispute (except small claims, as described below). You and Pinball Mania expressly delegate to the arbitrator the authority to determine the arbitrability of any Dispute, including the scope, applicability, validity, and enforceability of this Arbitration Agreement.
RIGHT TO BRING SMALL CLAIMS IN COURT. Instead of arbitration, either you or Pinball Mania may bring any individual claim in small claims court consistent with the jurisdictional and dollar limits that may apply, as long as it is brought and maintained as an individual claim.
HOW ARBITRATION WORKS Either party may initiate arbitration, which shall be conducted by the Dept of Fair Trading pursuant to its the Dept of Fair Trading Rules. ABN