|POWERHOUSE TRADING TERMS AND CONDITIONS
Powerhouse is an Australian company. All commercial transactions at "powerhouseonline.com.au", "www.powerhouseonline.com.au" are made through PowerHouse Entertainment. All the above mentioned web addresses will from heron be only referenced to as "powerhouseonline.com.au".
DISCLAIMER OF WARRANTIES AND LIMITATION OF LIABILITY This site is provided by Powerhouse Entertainment on an "as is" and "as available" basis. Powerhouse Entertainment makes no representations or warranties of any kind, express or implied, as to the operation of this site or the information, content, materials, or products included on this site. You expressly agree that your use of this site is at your sole risk. To the full extent permissible by applicable law, Powerhouse disclaims all warranties, express or implied, including, but not limited to, implied warranties of merchantability and fitness for a particular purpose Powerhouse Entertainment are free of viruses or other harmful components. Powerhouse Entertainment will not be liable for any damages of any kind arising from the use of this site, including, but not limited to direct, indirect, incidental, punitive, and consequential damages. Certain laws do not allow limitations on implied warranties or the exclusion or limitation of certain damages. If these laws apply to you, some or all of the above disclaimers, exclusions, or limitations may not apply to you, and you might have additional rights. Powerhouse Entertainment accepts electronic artwork from Windows and Mac OS applications. All prices include GST, file downloading, soft proof, film or plates, stock and printing. A part payment may be requested for new jobs prior to commencement of artwork and/or production. Should you send us your artwork via mail or email, we will require an order completed and sent with the files. Powerhouse Entertainment accepts no responsibility for colour variation / representation pertaining to standard CMYK process printing. Hard copies supplied by the client are not used for colour reference or matching. Print colour may vary, from reprint to reprint, from stock to stock, from front to back, from job to job and between different printing processes. Guillotining may vary up to one millimetre. Powerhouse Entertainment will not be held liable for any jobs that are delayed due to late approvals from customers. Should your account exceed our agreed trading terms and pass to an agency / solicitor for collection, all commissions, solicitor’s fees and any out of pocket expenses will be borne by you. All prices are subject to change without notice. Terms and conditions are subject to change without notice. You indemnify and will keep Powerhouse Entertainment indemnified against any liability, loss or expense suffered by Powerhouse Entertainment as a direct or indirect result of any use of the information by Powerhouse Entertainment pursuant to clauses the above.
CONDITIONS OF USE Powerhouse Entertainment and its affiliates provide their services to you subject to the following conditions. If you visit or shop at powerhouseonline.com.au, you accept these conditions. Please read them carefully. In addition, when you use any current or future powerhouseonline.com.au service or visit or purchase from any business affiliated with powerhouseonline.com.au, whether or not included in the powerhouseonline.com.au web site, you also will be subject to the guidelines and conditions applicable to such service or business.
ELECTRONIC COMMUNICATIONS When you visit powerhouseonline.com.au or send e-mails to Powerhouse Entertainment, you are communicating with us electronically. You consent to receive communications from us electronically. We will communicate with you by e-mail or by posting notices on this site. You agree that all agreements, notices, disclosures and other communications that we provide to you electronically satisfy any legal requirement that such communications be in writing. In the event that you have provided your electronic address to Powerhouse Entertainment, you by your receipt of these terms and conditions acknowledges that Powerhouse Entertainment may use your electronic address for commercial purposes such as the promotion of the products and/or services provided by Powerhouse Entertainment; and hereby consent to and authorises Powerhouse Entertainment to send commercial electronic messages to your electronic address.
COPYRIGHT All content included on this site, such as text, graphics, logos, button icons, images, audio clips, digital downloads, data compilations and software, is the property of powerhouseonline.com.au or its content suppliers and protected by Australia and international copyright laws. The compilation of all content on this site is the exclusive property of Powerhouse Entertainment and protected by Australian and international copyright laws. All software used on this site is the property of Powerhouse Entertainment or its software suppliers and protected by Australia and international copyright laws.
TRADEMARKS All marks on our site are registered trademarks of Powerhouse Entertainment or its affiliates, in Australia and other countries. Other powerhouseonline.com.au graphics, logos, page headers, button icons, scripts, and service names are trademarks or trade dress of Powerhouse Entertainment or its affiliates. Powerhouse Entertainment’s trademarks and trade dress may not be used in connection with any product or service that is not Powerhouse Entertainment’s, in any manner that is likely to cause confusion among customers, or in any manner that disparages or discredits Powerhouse Entertainment. All other trademarks not owned by Powerhouse Entertainment or its affiliates that appear on this site are the property of their respective owners, who may or may not be affiliated with, connected to, or sponsored by Powerhouse Entertainment.
LICENSE AND SITE ACCESS Powerhouse Entertainment grants you a limited license to access and make personal use of this site and not to download (other than page caching) or modify it, or any portion of it, except with express written consent of Powerhouse Entertainment. This license does not include any resale or commercial use of this site or its contents; any collection and use of any product listings, descriptions, or prices; any derivative use of this site or its contents; any downloading or copying of account information for the benefit of another merchant; or any use of data mining, robots, or similar data gathering and extraction tools. This site or any portion of this site may not be reproduced, duplicated, copied, sold, resold, visited, or otherwise exploited for any commercial purpose without express written consent of Powerhouse Entertainment. You may not frame or utilize framing techniques to enclose any trademark, logo, or other proprietary information (including images, text, page layout, or form) of powerhouseonline.com.au and our affiliates without express written consent. You may not use any meta tags or any other "hidden text" utilizing Powerhouse Entertainment's name or trademarks without the express written consent of Powerhouse Entertainment. Any unauthorized use terminates the permission or license granted by Powerhouse Entertainment. You are granted a limited, revocable, and nonexclusive right to create a hyperlink to the home page of powerhouseonline.com.au so long as the link does not portray Galaxy Design Pty Lty, its affiliates, or their products or services in a false, misleading, derogatory, or otherwise offensive matter. You may not use any Powerhouse Entertainment logo or other proprietary graphic or trademark as part of the link without express written permission.
YOUR ACCOUNT If you use this site, you are responsible for maintaining the confidentiality of your account and password and for restricting access to your computer, and you agree to accept responsibility for all activities that occur under your account or password. Powerhouse Entertainment does sell products for children, but it sells them to adults, who can purchase with a credit card. If you are under 18, you may use powerhouseonline.com.au only with involvement of a parent or guardian. Powerhouse Entertainment and its affiliates reserve the right to refuse service, terminate accounts, remove or edit content, or cancel orders in their sole discretion.
REVIEWS, COMMENTS, COMMUNICATIONS, AND OTHER CONTENT Visitors may post reviews, comments, and other content; send 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. Powerhouse Entertainment 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 Powerhouse Entertainment and its affiliates a nonexclusive, royalty-free, perpetual, irrevocable, and fully sub-licensable 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 Powerhouse Entertainment and its affiliates and sub-licensees 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 Powerhouse Entertainment or its affiliates for all claims resulting from content you supply. Powerhouse Entertainment has the right, but not the obligation to monitor and edit or remove any activity or content. Powerhouse Entertainment takes no responsibility and assumes no liability for any content posted by you or any third party.
RISK OF LOSS All items purchased from Powerhouse Entertainment 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 Powerhouse Entertainment and its affiliates attempt to be as accurate as possible. However, Powerhouse Entertainment does not warrant that product descriptions are error-free.
PRICING Except where noted otherwise, the price displayed for products on our website represents the purchase price in Australian dollars including GST for the product itself. With respect to items sold by Powerhouse Entertainment, we cannot confirm the price of an item until you complete your order; however, we do not charge your credit card until after you have completed the order process. Despite our best efforts, a small number of the items may be mispriced. If we discover a mispricing, we will do one of the following: if an item's correct price is lower than our stated price, we will charge the lower amount and ship you the item; 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 Powerhouse Entertainment.
TRADING TERMS All custmers of Powerhouse Entertainment trade exclusivley treated as C.O.D. unless a Credit Application form has been lodged and approved. If your company applies for and are accepted to receive Trading Terms from Powerhouse Entertainment, as the signatory of the Credit Application, you understand, agree to and are help responsible for following: trading terms are thirty (30) days from invoice date; invoices shall be paid in full no later than thirty (30) days from the date of the invoice; any payments received later than thirty (30) days from the invoice date will incur an additional 5% per month interest fee form the due date; you are personally liable for any debt incurred by the applying company; any request from Powerhouse Entertainment for any overdue or outstanding amounts will be your responsibility to make within seven (7) days from which the request was made; In the event that your account exceeds our agreed trading terms and is then passed to an agency or solicitor for collection, all commissions, solicitor’s fees and any out of pocket expenses will be borne by you; ownership of the goods shall not pass on to the buyer until all goods are paid for in full; you agree that a representative of Powerhouse Entertainment has the right to enter the premises where any goods are kept for the purpose of exercising any rights of ownership including removal or repossession of goods. Powerhouse Entertainment may terminate any and all account agreements at any time and demand full payment of any outstanding amounts and invoices within seven (7) days of written notice to do so.
SUPPLIED ARTWORK FILES Whilst all care is taken in checking your files for file related errors that may reduce the quality of your job, Powerhouse Entertainment accepts no responsibility for files that are not print ready. If Powerhouse Entertainment is required to correct or convert any supplied files to be ready for press, an additional fee will be incurred ($33.00 minimum). If artwork is to be resupplied due to your error, a minimum reprocessing fee of $33 will be incurred. You warrant that you have the copyright or a license to authorise reproduction of all artistic and literary information supplied to Powerhouse Entertainment for the purposes of your orders. You authorises Powerhouse Entertainment to reproduce all and any of this information for such purposes. You additionally license Powerhouse Entertainment to use the information in its own promotional materials to depict the quality or range of its goods or services. Powerhouse Entertainment reserves the right to refuse the production of any materials including those that they deem may offend, be offensive, threatening, defamatory or any other instances of sensitive subject matter.
PROOF AND COLOURS All jobs to be processed by Powerhouse Entertainment are to be approved by online job system, email or in writting. The supplied proof image and/or colour print are not 100% colour accurate. Powerhouse Entertainment can take no responsibility for colour accuracy of these proofs. Galaxy Design can take no responsibility for the colour accuracy of supplied artwork. Powerhouse Entertainment prints all four (4) colour and full colour jobs in Process CMYK. Jobs previously printed with SPOT colours may have colour variance.
ARTWORK APPROVAL Powerhouse Entertainment holds no responsibility for the correctness of final artwork either supplied to or created by Powerhouse Entertainment. Final artwork approval is taken to be an approval to print the job "as is". Any errors and/or omissions in artwork that has been approved is solely your resposibility.
SCANNING Variations of 5%-15% in colour accuracy for all scanned images is to be expected.
REPEAT ORDERS No guarantee or warranty is given that repeat orders will match an original order's colour balance. This is due to the many variations in Process CMYK printing. eg: print stock, temperatures, inks and the earths gravity.
APPLICABLE LAW By visiting powerhouseonline.com.au you agree that the laws of the state of Victoria and of Australia, without regard to principles of conflict of laws, will govern these Conditions of Use and any dispute of any sort that might arise between you and Powerhouse Entertainment or its affiliates.
DISPUTES Any dispute relating in any way to your visit to powerhouseonline.com.au or to products you purchase through powerhouseonline.com.au shall be submitted to confidential arbitration in Melbourne, Victoria, except that, to the extent you have in any manner violated or threatened to violate Powerhouse Entertainment's intellectual property rights, Powerhouse Entertainment may seek injunctive or other appropriate relief in any state or federal court in the state of Victoria, and you consent to exclusive jurisdiction and venue in such courts. Arbitration under this agreement shall be conducted under the rules then prevailing. The arbitrator's award shall be binding and may be entered as a judgment in any court of competent jurisdiction. To the fullest extent permitted by applicable law, no arbitration under this Agreement shall be joined to an arbitration involving any other party subject to this Agreement, whether through class arbitration proceedings or otherwise.
SITE POLICIES, MODIFICATION, AND SEVERABILITY Please review any other policies posted on this site. These policies also govern your visit to powerhouseonline.com.au. We reserve the right to make changes to our site, policies, and these Conditions of Use at any time. If any of these conditions shall be deemed invalid, void, or for any reason unenforceable, that condition shall be deemed severable and shall not affect the validity and enforceability of any remaining condition.
COPYRIGHT COMPLAINTS Powerhouse Entertainment and its affiliates respect the intellectual property of others. If you believe that your work has been copied in a way that constitutes copyright infringement, please contact Powerhouse Entertainment.
NOTICE AND PROCEDURE FOR MAKING CLAIMS OF COPYRIGHT INFRINGEMENT If you believe that your work has been copied in a way that constitutes copyright infringement, please provide Powerhouse Entertainment the written information specified below. Please note that this procedure is exclusively for notifying Powerhouse Entertainment and its affiliates that your copyrighted material has been infringed: An electronic or physical signature of the person authorized to act on behalf of the owner of the copyright interest; A description of the copyrighted work that you claim has been infringed upon; A description of where the material that you claim is infringing is located on the site; Your address, telephone number, and e-mail address; A statement by you that you have a good-faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law; A statement by you, made under penalty of perjury, that the above information in your notice is accurate and that you are the copyright owner or authorized to act on the copyright owner's behalf.
DELIVERY POLICY All goods are sold 'ex factory' and any charge for delivery is additional. The goods may be collected from our premises at no charge.
RETURN AND REFUND POLICY Whilst every care is taken, Powerhouse Entertainment cannot be held responsible for any errors on final output once final approval has been given. This includes, but is not limited to, any errors due to Galaxy Design's artwork, artwork files generated by you or the software you use in creating files for output. The final check of all details, copy, spelling, colours, layout, design requirements and copyright infringements before we go to press with your job is solely your responsibility. Printing errors, excluding artwork errors, due to the fault of Powerhouse Entertainment will result in replacement or refund. All claims must be put in writing to Powerhouse Entertainment within seven (7) days of receipt of goods, beyond which time no claims may be entered into or considered. All goods must be returned in full. Any usage of the goods will void all claims.
CANCELLATION POLICY If an order is cancelled after processing and/or artwork has commenced, there will be a cancellation fee charged for services rendered. This cancellation charge will be a minimum of $33 to a maximum of the job price total minus the printing and delivery components. All and any deposits paid towards the cancelled job will be forfeited. If payments made toward the job up to the cancellation date total more than the cancellation charge, a refund of the difference will be made by a method chosen by Powerhouse Entertainment.
SUPPLIED ITEMS POLICY Any items supplied to Powerhouse Entertainment (including photos, CDs, magazines, etc.) will be held entirely at your risk regarding fire, flood or other unforeseen event. Powerhouse Entertainment will endeavour to return all items at the time of the delivery of goods ordered. The return of any supplied items not returned at this time can be arranged at your expense.
PRIVACY STATEMENT Powerhouse Entertainment is steadfast in providing you with the highest levels of customer service. This includes protecting your privacy. Powerhouse Entertainment is obligated by the Privacy Act to meet certain standards in regards to information we collect. Detailed below is information that we are required to communicate to you, our customer. We suggest you keep this information for your future reference. Personal information that we may hold include your name, current and previous business or personal addresses, telephone/mobile phone number, email address, bank account or credit card details and your powerhouseonline.com.au username or password. We also hold details of services we have provided and/or are providing to you. Powerhouse Entertainment does not hold details about your personal interests. If you choose not to provide information (e.g. your business address), we may not be able to provide you with the services you require, or the level of service to which we aspire. You might need to provide personal information about other individuals to us (e.g. about your staff). If so, we rely on you to inform those individuals that you are providing their personal information to us. We collect personal information in many ways, including: from you, when you provide information by telephone or facsimile or in application forms, or when you submit your personal details via our web site; from third parties such as credit reporting agencies or your representatives; from publicly available sources; from our own records of how you use our services. Your information may be used to: verify who you are; provide the services you require; administer and manage those services, including charging, billing and collecting account; conduct appropriate checks for credit-worthiness. We might disclose your personal information to outside organisations. Your personal information is disclosed to these organisations only in relation to us providing our services to you. These organisations carry out our debt-recovery functions. We take reasonable steps to make sure that these organisations are bound by confidentiality and privacy obligations in relation to the protection of your personal information. We may disclose your personal information to; your authorised representatives or your legal advisers (e.g. when requested by you to do so); credit providers (for credit related purposes such as credit-worthiness, credit rating, credit provision and financing); our professional advisers, including its accountants and lawyers; other printers (e.g. we might have your job undertaken by a specialist printer); government and regulatory authorities and other organisations, as required or authorised by law. We provide products via our web site. When you visit our web site, our web server records information such as the time, date and URL of the request. This information assists us in improving our web site. We may use ‘cookies’ on our web site. We do this so we can fill in for you as much of the various forms as possible (and thereby save you time). Cookies are commonly used throughout the Internet. You can set your web browser to immobilise cookies or to warn you when they are used. Some limitations in use of our site may occur if cookies are disabled in your web browser. We collect Internet Protocol (IP) addresses. IP addresses are assigned to computers on the Internet to uniquely identify them within the global network. You may access your personal information according to the law, and subject to some lawful exceptions. If you want to access you information, you must post your written request to our postal address. Powerhouse Entertainment, Post Office Box 136, Albert Park VIC 3068, Australia. We reserve the right to charge a fee for searching for and providing you with your information.
OUR TRADING NAME PowerHouse Entertainment
OUR A.B.N. 52 068 205 612
OUR ADDRESS 1/31 Cumberland Drive Seaford, Victoria, Australia, 3198
OUR POSTAL ADDRESS Post Office Box 211, Seaford DC, Victoria 3198 Australia