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. These terms of conditions apply to all users of the site, including without limitation users who are browsers, vendors, customers, merchants, and/ or contributors of content. 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.
By accessing, purchasing, and using the Website and Services, you accept that Gelball Undercover Pty Ltd is only a hobby store and that you have read the product descriptions on the website. Our products are categorised as replica firearms / toys in Queensland in which we are located, however you acknowledge that this evaluation and the prerequisites to owning a gel blaster may vary by State, region, territory or location. By using our services and/or purchasing a product from us, you take full liability and responsibility for your purchase and should there be any requirements to owning a gel blaster in your State or territory, you agree to be responsible for ensuring the validity of your own permits where required. Under no circumstance shall Gelball Undercover Pty Ltd be responsible or be held accountable for your own adherence to your governing State’s laws or 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
We are not responsible if information made available on this site is not accurate, complete or current. The material on this site is provided for general information only and should not be relied upon or used as the sole basis for making decisions without consulting primary, more accurate, more complete or more timely sources of information. Any reliance on the material on this site is at your own risk. Occasionally, information on the Website may contain typographical errors, inaccuracies or omissions that may relate to product descriptions, pricing, availability, promotions and offers. We reserve the right to modify, amend and correct any inaccuracies, errors 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.
By purchasing or creating an account, users agree to allowing Gel Ball Undercover to display their name on the National Leaderboard. If users wish to opt out, users can simply email firstname.lastname@example.org to have their name removed.
Giveaways & Competitions
The Promoter is Gelball Undercover PTY LTd. ABN 73 636 252 296 of 7/18 Bailey Crescent, Southport 4215 Queensland (Promoter). www.gelballundercover.com.au.
By entering this promotion you agree to be bound by these Terms and Conditions (Terms) and the Promoter in its sole and absolute discretion may refuse to award any prize to any entrant who fails to comply with these Terms and Conditions.
1.1 Entry is open to all permanent residents of Australia (Eligible Entrant) aged 18 years or over. Individuals must have a valid email address order to enter the promotion.
1.2 Employees (and their immediate families) of the Promoter and agencies associated with this promotion are ineligible to enter. Immediate family means any of the following: spouse, ex-spouse, de-facto spouse, child or step-child (whether natural or by adoption), parent, step- parent, grandparent, step-grandparent, uncle, aunt, niece, nephew, brother, sister, step-brother, step-sister or 1st cousin
1.3 The Promoter is responsible for determining whether a person is an Eligible Entrant in its sole and absolute discretion.
1.4 Entrants must be individuals only and cannot be acting on behalf of an organisation or group.
1.5 Eligible Entrants on notification of winning must provide their own legal name and confirmation of age to verify their entry in the Promotion.
- Promotion Period
2.1 The promotion period commences and ends during the (“Promotional Period”) which will be clearly displayed on the giveaway page.
- How to enter
3.1 Enter Full Name and Email address in submission form.
3.1.1 Read and consent to the Terms and Conditions of the promotion.
3.1.2 Entrants will be able to submit their entry until “COMPETITION CLOSED” is announced, this will usually be the following morning AEST.
- Monitoring and Moderation
4.1 The Promoter reserves the right to monitor and moderate all entries.
4.2 The Promoter reserves the right, at any time, to verify the validity of entries and entrants and to disqualify any entrant who submits an: entry that is not in accordance with these Terms and Conditions or who tampers with the entry process. Failure by the Promoter to enforce any of its rights at any stage does not constitute a waiver of those rights.
4.3 The Promoter reserves the right to remove any entries considered to be of an offensive or defamatory nature.
4.4 The Promoter reserves the right, in its sole and absolute discretion, to remove any entries that it considers to go against the spirit of the competition.
4.5 Incomplete or indecipherable entries will be deemed invalid.
- Determining the winner
5.1 The prize winner will be determined by random, using a random number generator.
5.2 All of the Promoter’s decisions are final and binding on each person who enters the competition and no correspondence will be entered into.
5.3 Unless advertised differently, the prize winners will be notified by email or phone at the end of the Promotion.
5.4 If for any reason the Promoter believes the Eligible Entrant has not complied with these Terms and Conditions of the Promotion requirements, the Promoter may, in its sole and absolute discretion, refuse to award a Prize.
5.5 The judges may select additional reserve entries which are chosen at random, in case of an invalid entry or ineligible entrant.
5.6 The prize winners must respond to the request for contact details from the Promoter within 1 business days of being contacted in order to claim their prize. Should the prize winner not respond within the time limit, the Promoter is within rights to contact the next eligible winner.
5.7 If for any reason the Promoter believes the Eligible Entrant has not complied with these Terms or the Promotion requirements, the Promoter may, in its sole and absolute discretion, refuse to award a Prize.
6.1 There will be various gel blaster packages given away over the course of the promotional period.
6.2 Dollar values are in Australian Dollars and inclusive of GST.
6.3 The Prize cannot be exchanged, transferred, redeemed for cash or sold.
6.4 The Prize must be taken as offered and cannot and will not be varied.
6.5 The Promoter is not responsible or liable for any damage in the redemption of their prize.
6.6 If for any reason the prize winner does not redeem the prize by the time stipulated by the Promoter, then the prize will be forfeited.
6.7 If the prize is unavailable, the Promoter, in its discretion, reserves the right to substitute the prize with a prize to equal value.
- General Conditions
7.1 As a condition of entering this promotion, each entrant licences the Promoter to use their entry in any media for an unlimited period for any reason including but not limited to future promotional, marketing or publicity purposes. Entrants consent to any use of their entry which may otherwise infringe their moral rights pursuant to the Copyright Act 1968 (Cth).
7.2 Entrants consent to the Promoter using their name, likeness and image in the event that they are a winner (including photograph, film and/or recording of the same) in any media for an unlimited period without remuneration for the purpose of promoting this promotion (including any outcome), and promoting any products manufactured, distributed and/or supplied by the Promoter.
7.3 If this promotion is interfered with in any way or is not capable of being conducted as reasonably anticipated due to any reason beyond the reasonable control of the Promoter, including but not limited to technical difficulties, unauthorised intervention or fraud, the Promoter reserves the right, in its sole discretion, to the fullest extent permitted by law (a) to disqualify any entrant; or (b) to modify, suspend, terminate or cancel the promotion, as appropriate.
7.4 Nothing in these Terms and Conditions limits, excludes or modifies or purports to limit, exclude or modify the statutory consumer guarantees as provided under the Competition and Consumer Act, as well as any other implied warranties under the ASIC Act or similar consumer protection laws in the State and Territories of Australia (“Non-Excludable Guarantees”). Except for any liability that cannot by law be excluded, including the Non-Excludable Guarantees, the Promoter (including its respective officers, employees and agents) excludes all liability (including negligence), for any personal injury; or any loss or damage (including loss of opportunity); whether direct, indirect, special or consequential, arising in any way out of the promotion.
7.5 Except for any liability that cannot by law be excluded, including the Non-Excludable Guarantees, the Promoter (including its respective officers, employees and agents) is not responsible for and excludes all liability (including negligence), for any personal injury; or any loss or damage (including loss of opportunity); whether direct, indirect, special or consequential, arising in any way out of: (a) any technical difficulties or equipment malfunction (whether or not under the Promoter’s control); (b) any theft, unauthorised access or third party interference; (c) any entry or prize claim that is late, lost, altered, damaged or misdirected (whether or not after their receipt by the Promoter) due to any reason beyond the reasonable control of the Promoter; (d) any variation in prize value to that stated in these Terms and Conditions; (e) any tax liability incurred by a winner or entrant; or (g) taking of or participation in the prize.
7.6 The Promoter collects personal information in order to conduct the promotion and may, for this purpose, disclose such information to third parties, including but not limited to agents, contractors, service providers and prize suppliers. Entry is conditional on providing this information. The Promoter may, for an indefinite period, unless otherwise advised, use the information for promotional, marketing, publicity, research and profiling purposes, including sending electronic messages or telephoning the entrant. Entrants should direct any request to opt-out, access, update or correct information to the Promoter. All entries become the property of the Promoter.
7.7 This promotion is in no way sponsored, endorsed or administered by, or associated with, Facebook or Instagram. Entrants understand that they are providing their information to the Promoter and not to Facebook or Instagram. The information an entrant provides will only be used for the purposes outlined in these Terms and Conditions. Any questions, comments or complaints about this promotion must be directed to the Promoter and not to Facebook or Instagram. Facebook and Instagram will not be liable for any loss or damage or personal injury which is suffered or sustained by an entrant, as a result of participating in the promotion (including taking/use of a prize), except for any liability which cannot be excluded 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.
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 states or jurisdictions do not allow the exclusion or the limitation of liability for consequential or incidental damages, in such states or jurisdictions, our liability shall be limited to the maximum extent permitted by law.
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 endeavour to ensure all products purchased from Gel Ball Undercover Pty Ltd meet expectations and are as described / depicted on our website. Where a product is returned for a refund/store credit or exchange by a cause or reasons 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. Change of mind refunds do not warrant a refund, and we reserve the right to refuse a refund on the basis of a change of mind. The acceptance of a refund/store credit/exchange will be affected by your compliance with the terms and conditions 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: 16 April 2021