Welcome to the PomPom website (the “Site”). “PomPom” refers to PomPom Box (ABN: 52046366488), the company who owns and operates this website, having its registered office at:
22 Kildare Road, Floreat, 6014, Western Australia, Australia
1. USE OF THIS SITE
Your use of this Site is subject to the following terms and conditions: (a) Your use of this Site must, at all times, be in compliance with these Terms and must only be for your own, non-commercial, personal use. You are responsible for all communications, including but not limited to, the transmission, uploading or posting of information onto or through this Site by You or through Your login, and You shall be responsible for the consequences of any such communications to the Site. (b) You must not use the Site for any of the following purposes, which are expressly prohibited by PomPom: (i) Communicating, transmitting, posting or uploading of any material that infringes on any rights, including but not limited to intellectual property, of any third party. (ii) Communicating, transmitting, posting or uploading any information, content or material which is untrue, inaccurate, obscene, libellous or abusive. (iii) Engaging in any conduct that would violate any law or regulation in any applicable jurisdiction. (iv) Attempting to interfere in any way with the Site’s or PomPom’s network security, or attempting to use the Site’s service to gain unauthorised access to any other computer system or network. (c) You are responsible for maintaining the confidentiality of Your login details and You accept responsibility for all activities that occur under Your login. You must notify Us immediately in the event of any unauthorised use or misuse of Your account or where there is any other breach of security. (d) PomPom reserves the right to revise these Terms at any time and for any reason without notice to You. It is Your responsibility to review these Terms each time You use the Site. (e) We reserve the right to, at any time and without notice to You, revise the products and services available on and through this Site and to change, suspend or discontinue any aspect of this Site without liability to You or to any third party. (f) PomPom may, at our sole discretion, impose rules for and limits on the use of this Site by You or any other member or restrict Your access to part, or all, of the Site without notice or penalty. Any such rules, limits or restrictions shall be incorporated into and form part of these Terms. (g) PomPom may impose additional terms and conditions specific to any products, orders or aspects of your use of this Site, including but no limited to, with respect to the ordering, shipment and return of goods purchased through this Site and to any membership reward programs (“Additional Terms”) offered from time to time by PomPom These Additional Terms shall be incorporated into and form part of these Terms. In the event of any inconsistency between these Terms and any Additional Terms, the Additional Terms shall prevail to the extent of the inconsistency.
2. PRODUCTS AND INFORMATION
Your use of this Site is, at all times, entirely at Your own risk. Except in respect of any content submitted by Members, PomPom shall use reasonable endeavours to ensure that any information on this Site is complete, reliable and up to date. Notwithstanding this, neither We, nor any third party make any warranties or guarantees as to the accuracy, timeliness, completeness, performance or suitability of any information, product or materials found on this Site. You acknowledge that any such information may contain errors or inaccuracies and PomPom expressly excludes any liability, which may arise. Where any such inaccuracies or errors do occur, We may correct that information without any liability to You or any third party. PomPom does not make any guarantee as to the availability or suitability of products on this Site. It's your responsibility to determine the suitability of a product or service for You and PomPomexpressly excludes all liability in relation to this. PomPom reserves the right to, at its sole discretion, limit the quantity of products purchased by any User through this site at any time and for any reason.
You must be over 18 to register for, and use this Site. PomPom may at any time at our sole discretion, revoke your membership for any reason, including but not limited to, for breach of these Terms.
4. PROPRIETARY RIGHTS
This Site contains materials that are owned by or licensed to PomPom. These materials include, but are not limited to, the design, layout, look, appearance and graphics and are protected by applicable copyright, trademarks or other relevant proprietary rights and laws. You must not use, reproduce, sell, license, display, publish, adapt, edit or in any way create derivative works from any of the content or materials contained on this Site. You may not create a link to this Site from another website or document without the prior written consent of PomPom. PomPom does not claim ownership of any content or materials You make available through the Site however You grant PomPom a perpetual, irrevocable, non-terminable, worldwide, royalty-free and non-exclusive license to use, copy, distribute, publicly display, modify, create derivative works, and sublicense such content or materials or part thereof without any obligation of compensation or attribution to You. You represent, warrant and covenant to Us that You have the full right to grant to PomPom the right to use such content or materials in the manner specified in this Clause.
Your use of this Site is at all times at Your own risk and You assume all responsibility associated therewith. All information, content, materials or products available on or in any way through this Site are provided to You on an as is basis. PomPom expressly excludes all warranties, express or implied, to the extent permitted by law, including but not limited to those relating to merchantability and fitness for a particular purpose. PomPom does not warrant that this Site and the services provided herein will be uninterrupted, free from errors, defects, viruses or other harmful components. From time to time this Site may contain links to other third party websites. PomPom does not in any way endorse the content of any such websites or make any representations, warranties or guarantees in relation to those sites and We expressly exclude any liability which may arise from Your use of or access to those third party websites.
7. LIMITATION OF LIABILITY
Notwithstanding anything else in these Terms, PomPom, its subsidiaries, assigns and third party providers shall not, under any circumstances be liable to You or any other User of this Site for any direct, indirect, incidental, punitive, special or consequential damages whether based on contract or tort arising out of Your use or inability to use this Site. PomPom’s total liability to You shall be limited to the amount paid by You to Us for Your membership fees for the membership period during which the event-giving rise to the liability occurs. This Clause 7 applies in respect of all content, information, products and services available on or through this Site.
Any products purchased by You from this Site will be posted by a third party carrier. All title in and risk to such products will pass to You upon delivery to the third party carrier by PomPom.
9. CANCELLATION POLICY
Annual memberships may only be cancelled at the termination of the membership period and not during the term of the membership. Bi-monthly memberships may be cancelled at any time. All membership cancellation requests should be directed to complete the cancellation form in your account. Please know that if you submit your cancellation request within 2 days of your subscription's billing date, the cancellation will only be processed 4 days after the billing date.
10. RETURN POLICY
If You are not 100% satisfied with your full-size product purchase, you can return Your un-opened, unused full-size product(s) in its original condition to PomPom within 14 days of the date on the invoice for a full refund upon pre-approval from PomPom. All products are checked for quality before dispatch and while we try our best to ensure that the product is delivered to You in perfect condition, the product may be damaged in the delivery process. Should this happen You can return the damaged items and We will re-send the product and pay for the return and additional postage charges. In the case where the product is sold out we will offer a full refund. If You intend to seek a refund, replacement or exchange, you must email Us on firstname.lastname@example.org to obtain prior approval. Please include the order number and reason for the return. PomPom shall bear the costs of all domestic return shipping. Return the items to:
22 Kildare Rd, Floreat. 6014, Western Australia, Australia
Please do not send Your purchased product back to the manufacturer. PomPomwill not refund any opened, used, discounted, clearance or sales products or items or free gifts or samples.