Terms & Conditions

TERMS & CONDITIONS

These terms and conditions ("Agreement") sets forth the general terms and conditions of your use of the gelballundercover.com.au website ("Website" or "Service") and any of its related products and services (collectively, "Services"). This Agreement is legally binding between you ("User", "you" or "your") and Gelball Undercover Pty Ltd ("Gelball Undercover Pty Ltd", "we", "us" or "our"). By accessing and using the Website and Services, you acknowledge that you have read, understood, and agree to be bound by the terms of this Agreement. The terms and conditions defined herein apply to all users of the site, including without limitations to users who are casual visitors, customers, vendors, merchants, and content contributors. If you do not agree with the terms of this Agreement, you not allowed to access and use the Website and Services. You acknowledge that this Agreement is a contract between you and Gelball Undercover Pty Ltd, even though it is electronic and is not physically signed by you, and it governs your use of the Website and Services.

Terms

By purchasing from our website, you accept that Gelball Undercover Pty Ltd is in no way shape or form a firearms dealer and is only a toy and hobby shop, therefor has no ability to check for and also see the validity of permits. You agree that you have read our gel blaster descriptions on the website and frequently asked questions page in relation to the product you are purchasing. You take full responsibility and liability for your purchase from our website and acknowledge your full personal compliance with your State or territory's law. You acknowledge that our products are strictly toys in the state of QLD in which we are located, however this evaluation may vary from state to state and territory's. You acknowledge that if there is the requirement for a special permit in your state or territory, you have applied for and been approved for said permit. You are acknowledging that; you understand the local laws in your area regarding toy gel blasters and that you may need a permit depending on your state or territory. You acknowledge that you have taken all reasonable steps to ensure your compliance with local legislation. You acknowledge that Gelball Undercover Pty Ltd will bare no responsibility with your compliance of state and territory regulations. 

Billing and payments

You shall pay all fees or charges to your account in accordance with the fees, charges, and billing terms in effect at the time a fee or charge is due and payable. Scans for malware are performed on a regular basis for additional security and protection. If, in our judgment, your purchase constitutes a medium or high-risk transaction, we will require you to provide us with a copy of your valid government-issued photo identification, and possibly a copy of a recent bank statement for the credit or debit card used for the purchase. We reserve the right to change products and product pricing at any time. We also reserve the right to refuse any order you place with us.

Accuracy of information

Occasionally there may be information on the Website that contains typographical errors, inaccuracies or omissions that may relate to product descriptions, pricing, availability, promotions and offers. We reserve the right to correct any errors, inaccuracies or omissions, and to change or update information or cancel orders if any information on the Website or Services is inaccurate at any time without prior notice (including after you have submitted your order). We undertake no obligation to update, amend or clarify information on the Website including, without limitation, pricing information, except as required by law. 

Links to other resources

Although the Website and Services may link to other resources (such as websites, mobile applications, etc.), we are not, directly or indirectly, implying any approval, association, sponsorship, endorsement, or affiliation with any linked resource, unless specifically stated herein. We are not responsible for examining or evaluating, and we do not warrant the offerings of, any businesses or individuals or the content of their resources. We do not assume any responsibility or liability for the actions, products, services, and content of any other third parties. You should carefully review the legal statements and other conditions of use of any resource which you access through a link on the Website and Services. Your linking to any other off-site resources is at your own risk.

Prohibited uses

In addition to other terms as set forth in the Agreement, you are prohibited from using the Website and Services or Content: (a) for any unlawful purpose; (b) to solicit others to perform or participate in any unlawful acts; (c) to violate any international, federal, provincial or state regulations, rules, laws, or local ordinances; (d) to infringe upon or violate our intellectual property rights or the intellectual property rights of others; (e) to harass, abuse, insult, harm, defame, slander, disparage, intimidate, or discriminate based on gender, sexual orientation, religion, ethnicity, race, age, national origin, or disability; (f) to submit false or misleading information; (g) to upload or transmit viruses or any other type of malicious code that will or may be used in any way that will affect the functionality or operation of the Website and Services, third party products and services, or the Internet; (h) to spam, phish, harm, pretext, spider, crawl, or scrape; (i) for any obscene or immoral purpose; or (j) to interfere with or circumvent the security features of the Website and Services, third party products and services, or the Internet. We reserve the right to terminate your use of the Website and Services for violating any of the prohibited uses.

Intellectual property rights

"Intellectual Property Rights" means all present and future rights conferred by statute, common law or equity in or in relation to any copyright and related rights, trademarks, designs, patents, inventions, goodwill and the right to sue for passing off, rights to inventions, rights to use, and all other intellectual property rights, in each case whether registered or unregistered and including all applications and rights to apply for and be granted, rights to claim priority from, such rights and all similar or equivalent rights or forms of protection and any other results of intellectual activity which subsist or will subsist now or in the future in any part of the world. This Agreement does not transfer to you any intellectual property owned by Gelball Undercover Pty Ltd or third parties, and all rights, titles, and interests in and to such property will remain (as between the parties) solely with Gelball Undercover Pty Ltd. All trademarks, service marks, graphics and logos used in connection with the Website and Services, are trademarks or registered trademarks of Gelball Undercover Pty Ltd or its licensors. Other trademarks, service marks, graphics and logos used in connection with the Website and Services may be the trademarks of other third parties. Your use of the Website and Services grants you no right or license to reproduce or otherwise use any of Gelball Undercover Pty Ltd or third party trademarks.

Limitation of liability

To the fullest extent permitted by applicable law, in no event will Gelball Undercover Pty Ltd, its affiliates, directors, officers, employees, agents, suppliers or licensors be liable to any person for any indirect, incidental, special, punitive, cover or consequential damages (including, without limitation, damages for lost profits, revenue, sales, goodwill, use of content, impact on business, business interruption, loss of anticipated savings, loss of business opportunity) however caused, under any theory of liability, including, without limitation, contract, tort, warranty, breach of statutory duty, negligence or otherwise, even if the liable party has been advised as to the possibility of such damages or could have foreseen such damages. Because some jurisdictions or states do not permit the exclusion or the limitation of liability for incidental or consequential damages, in such jurisdictions or states, our liability shall be limited to the maximum extent permitted by the law. We reserve the right to use refurbished parts and items in the provision of your remedy to a warranty claim after 30 days from date of delivery or purchase if in store

Indemnification

You agree to indemnify and hold Gelball Undercover Pty Ltd and its affiliates, directors, officers, employees, agents, suppliers and licensors harmless from and against any liabilities, losses, damages or costs, including reasonable attorneys' fees, incurred in connection with or arising from any third party allegations, claims, actions, disputes, or demands asserted against any of them as a result of or relating to your Content, your use of the Website and Services or any wilful misconduct on your part.

Changes and amendments

We reserve the right to modify this Agreement or its terms relating to the Website and Services at any time, effective upon posting of an updated version of this Agreement on the Website. When we do, we will revise the updated date at the bottom of this page. Continued use of the Website and Services after any such changes shall constitute your consent to such changes.

Refund Policy and warranties

Our goods come with guarantees under the Australian Consumer Law. Gelball Undercover Pty Ltd is a toy and hobby shop. As such, our gel blasters are toys and will come with varying manufacturing warranty lengths dependant on the type of product purchased. Custom, modified gel blaster builds will come with a 14 day warranty as they have been modified beyond factory-condition, starting from the date received/taken. Standard and stock gel blaster toys will come with a 45 day manufacturing warranty (this is to cover manufacturing faults only and will not encompass or extend to user-induced damages caused by incorrect handling or care). Consumables, such as batteries, will have a 30 day warranty. 

Any modifications, changes, disassembly or use of third-party products paired with any of our gel blaster toys will fail to come under the ACCC return policy and you will be liable for any damages caused.  

We will always do our best to ensure all products purchased from our website meet expectations and are as described. In the event a product is returned for a refund for any other reason unrelated to warranty, you accept that you will be responsible for shipping costs if applicable. 

All refund, store credit, return or exchange claims will be assessed and a decision will be finalised by Gelball Undercover Pty Ltd. We do not accept change of mind refund requests, and furthermore reserve the right to refuse or grant a refund/store credit/exchange if you do not comply with the terms outlined within our policies. 

Acceptance of these terms

You acknowledge that you have read this Agreement and agree to all its terms and conditions. By accessing and using the Website and Services you agree to be bound by this Agreement. If you do not agree to abide by the terms of this Agreement, you are not authorised to access or use the Website and Services. If you would like to contact us concerning any matter relating to this Agreement, you may do so via the contact form.

Updated: 8 December 2020