Terms and Conditions

There are just a few, but nonetheless are important. Please read below the conditions of sale and use of the websites operated by RPM Sports and Powerballs Australia.

Updated 01/12/16

Restrictions on Use

The domain powerballs.com.au is owned by RPM Sports Limited, registered in Ireland 365136 (“RPM Sports”) and has been licenced for use by Powerballs Australia. The site is operated by Powerballs Australia and contains material which is derived in whole or in part from material supplied by RPM Sports, Powerballs Australia, their customers, agents and other sources. The material on this site is protected by international copyright and trademark laws. You may not modify, copy, reproduce, republish, upload, post, transmit, or distribute in any way any material from this site including code and software without express permission from RPM Sports and Powerballs Australia as applicable. You may download material from this site for your personal, non-commercial use only, provided you keep intact all copyright and other proprietary notices.

Images and Video Content

All text, photo, graphic, audio, and/or video material shall not be published, broadcast, rewritten for broadcast or publication or redistributed directly or indirectly in any medium without prior consent from RPM Sports. The content or any portion thereof may not be stored in a computer except for personal and non-commercial use. RPM Sports, Powerballs Australia or any related or unrelated third parties will not be held liable for any delays, inaccuracies, errors, or omissions, or in the transmission or delivery of all or any part thereof or for any damages arising from any of the above.

Content Submitted to the Site

By posting messages, uploading files, inputting data, or engaging in any other form of communication through this site, or directly with Powerballs Australia via other forms of written and/or oral communication, you are granting RPM Sports a royalty-free, perpetual, non-exclusive, unrestricted, worldwide license to:
Use, copy, sublicense, adapt, transmit, publicly perform or display any such communication. An unrestricted licence is also granted to any third parties as decided by RPM Sports to make use of the communication in whole or part.
The foregoing grants shall include the right to exploit any proprietary rights in such communication, including but not limited to rights under copyright, trademark, servicemark or patent laws under any relevant jurisdiction.

Intellectual Property Rights

You accept that the intellectual property rights subsisting in all materials on this website are owned or licensed by RPM Sports and Powerballs Australia and that you gain no interest in relation to them. By use of the website, such rights include rights relating to this website’s look and feel, idea and concept, and confidential information, whether or not they are reduced to material or tangible form. You must not do anything, or omit to do anything, which may infringe our intellectual property rights except where expressly authorised by these terms and conditions.

Disclaimer

RPM Sports and/or Powerballs Australia have provided links and pointers to Internet sites maintained by third parties. RPM Sports and Powerballs Australia do not control in any respect any information, products or services on these third-party sites. The materials in this site and the third-party sites are provided “as is” and without warranties of any kind either express or implied. To the fullest extent permissible pursuant to applicable law, RPM Sports and Powerballs Australia disclaim all warranties, express or implied, including, but not limited to, implied warranties of merchantability and fitness for a particular purpose. Neither RPM Sports or Powerballs Australia warrant that the functions contained in the materials will be uninterrupted or error-free, that defects will be corrected, or that this site, including message boards, or the server that makes it available, are free of viruses or other harmful components. Neither RPM Sports or Powerball Australia warrant or make any representations regarding the use or the results of the use of the materials in this site or in third-party sites in terms of their correctness, accuracy, timeliness, reliability, or otherwise.

Pricing

All prices provided on this website are in Australian Dollars and are inclusive of a Goods and Services Tax (‘GST’), unless explicitly stated otherwise. The GST payable by you will be shown on the invoice provided at the time of delivery of the products. The purchase price for the products will be at our selling price on the date of our receipt of the order, less any applicable discounts in effect at that time.

We will not be responsible for errors in pricing that appear on this website. We will notify you in the event of a pricing error on the web site before an order is delivered, and you will have the opportunity to cancel your order in accordance with these Terms and Conditions.

Website Purchases

This website offers a facility to make a purchase from Powerballs Australia of one or more of various Powerball®, NSD®, NSD Power® or Powerspin® products, parts and/or associated accessories and services associated with the Powerball®, NSD®, NSD Power® or Powerspin® brands owned or used under licence by RPM Sports.

By selecting your purchase, and entering your billing and shipping details as applicable and finally entering payment details for your item(s) and/or service(s) you would like to purchase you are asking Powerballs Australia to accept an order from you. Powerballs Australia will review the order details and if satisfied will agree to enter into a contract to offer the item(s) and/or service(s) your have elected to purchase.

Powerballs Australia reserves the right to refuse any order requests for any reason, including (but not limited to) lack of sufficient stock, violation of existing agreements with other users and/or agents, and inaccuracies or omissions in details such as pricing.
If an order is refused, Powerballs Australia will notify the customer by email to the address provided during the ordering process and will refund the card or PayPal account as applicable.

At no stage is an order deemed to be accepted by Powerballs Australia until an email is sent by Powerballs Australia confirming dispatch of the order.

No liability shall attach to RPM Sports in respect of any failures or omissions on the part of Powerballs Australia howsoever caused.

Title and Risk

You agree that until payment of all moneys owing to us, the products remain the property of Powerballs Australia. The risk of any loss or damage to the products passes to you from the time we dispatch the products to your specified address or other agreed address.

Order Shipping

International shipments may be subject to import taxes and/or customs fees. These fees may be applied to some packages by customs agents when a package reaches its destination country. The decision to apply duty to a shipment and the rate charged is at the discretion of the customs agent and is completely outside of the control of Powerballs Australia. All customs and related charges are the responsibility of the recipient.

We aim to dispatch all orders with one business day. Occasionally, it may be necessary to delay dispatch of an order because of a delay with payment processing or in situations where funds have not yet cleared. It may also be necessary to delay dispatch where our payment partners have advised us to perform additional checks before dispatching an order or indeed where our internal order monitoring “flags” an order for further checks. In all such cases, where dispatch is delayed and subsequently cleared after additional checks have been performed, we will upgrade shipping to a priority postal service once checks have been completed.

Order shipping times have been calculated based on previous deliveries, though are approximate and should not be taken as a guarantee of delivery within the specified time-frames.

Warranty and Repair Information

Under the terms of the warranty provided by Powerballs Australia, any Powerball®, NSD®, NSD Power® or Powerspin® purchased directly from Powerballs Australia (and not through one of its agents) is covered by an unconditional lifetime warranty. At any stage, your Powerball®, NSD®, NSD Power® or Powerspin® may be returned (at the customer’s own expense) to Powerballs Australia and a refund of the original purchase price will be made. Original shipping costs are not refunded. It is the recommendation of Powerballs Australia that any Powerball®, NSD®, NSD Power® or Powerspin® product which is returned for a refund should be sent via a recorded delivery service so as to ensure its safe arrival. Powerballs Australia will not be liable for any packages which are lost in transit to them.

If a Powerball®, NSD®, NSD Power® or Powerspin® is purchased from a third party other than Powerballs Australia and has originated from RPM Sports, it is eligible for a conditional lifetime warranty. The warranty provided is a manufacturer’s warranty and covers product defects such as broken rotors and faulty LCD counter units.

In all cases, the product component which has failed must at the customer’s own expense be returned to Powerballs Australia. When the defective component is received and inspected a replacement component will be dispatched immediately via a standard postal service to the customer’s preferred location. Powerballs Australia will not be liable for faulty components which are lost or delayed in transit to Powerballs Australia.

Should a customer prefer, they may also return a complete Powerball®, NSD®, NSD Power® or Powerspin® purchased directly from Powerballs Australia to Powerballs Australia for repair. The customer is liable for postal costs for the delivery to Powerballs Australia. Powerballs Australia recommends that the customer use a recorded delivery service when sending your Powerball®, NSD®, NSD Power® or Powerspin® product for repair to ensure its safe arrival. Powerballs Australia will not be liable for any packages which are delayed or lost in transit to Powerballs Australia.

On receipt of a Powerball®, NSD®, NSD Power® or Powerspin® purchased directly from Powerballs Australia for repair, Powerballs Australia will repair the unit and return it to the customer via a normal postal service.

Refund and Return Policy

Cancelled orders for which payments have already been received will be refunded:

  • In full – if your order has not been dispatched.
  • Less shipping – if your order has been dispatched. In this case where your order has already been dispatched you may return the item to us unopened and in its original condition and upon receipt we will refund your purchase costs less any applicable shipping charges. The customer is liable for the cost of returning the items to us.

Powerballs Australia reserves the right to cancel an order for which payment has already been received. This may occur if stock is insufficient or the quality of goods ordered does not meet Powerballs Australia’s standards. Should Powerballs Australia exercise this right, the customer will receive a full refund with no deductions.

Damages and/or discrepancies must be reported to Powerballs Australia within 14 days of order dispatch.

Cancellations, damages, returns, or complaints regarding the standard and quality of the product or products bought by consumers through the e-commerce facility should be directed in writing to Powerballs Australia, PO Box 6414, Rouse Hill NSW 2765.

Updating of these Terms and Conditions

Powerballs Australia reserves the right to change, modify, add to or remove from portions or the whole of these Terms and Conditions from time to time. Changes to these Terms and Conditions will become effective upon such changes being posted to this Website. It is the User’s obligation to periodically check these Terms and Conditions at the Website for changes or updates. The User’s continued use of this Website following the posting of changes or updates will be considered notice of the User’s acceptance to abide by and be bound by these Terms and Conditions, including such changes or updates.

Limitation of Liability

Under no circumstances, including, but not limited to, negligence, shall RPM Sports, Powerballs Australia, it’s agents or affiliates be liable for any direct, indirect, incidental, special or consequential damages that result from the use of, or the inability to use, RPM Sports products and/or services. You specifically acknowledge and agree that RPM Sports and Powerballs Austrlaia are not liable for any defamatory, offensive or illegal conduct of any user. If you are dissatisfied with any RPM Sports products, services and/or material, or with any of RPM Sports’ terms and conditions, your sole and exclusive remedy is to discontinue the use of products, services and/or material as provided by Powerballs Australia through this website.

Termination

This agreement is effective until terminated by RPM Sports or Powerballs Australia, at any time without notice. In the event of termination, you are no longer authorized to access the website(s) and the restrictions imposed on you with respect to material downloaded from the website(s), the disclaimers and limitations of liabilities set forth in this agreement, shall survive.

Other

This agreement shall be governed by and construed in accordance with the laws of Australia without giving effect to any principles or conflicts of law. If any provision of this agreement shall be unlawful, void or for any reason unenforceable, then that provision shall be deemed severable from this agreement and shall not affect the validity and enforceability of any remaining provisions.