DISCLAIMER OF LIABILITY
GENERAL DISCLAIMER
WE KeepEmQuiet (the distributor for Plane Pal) ARE NOT LIABLE TO YOU OR ANYONE ELSE FOR ANY LOSS IN ASSOCIATION WITH USE OF THIS WEBSITE OR A LINKED WEBSITE.THIS GENERAL DISCLAIMER IS NOT RESTRICTED OR MODIFIED BY ANY OF THE FOLLOWING SPECIFIC WARNINGS OR DISCLAIMERS.
SPECIFIC WARNINGS AND DISCLAIMER
The Competition and Consumer Act 2010 and similar State and Territory legislation in Australia may confer rights, guarantees and remedies on you in relation to the provision by us of goods or services on the website, which cannot be excluded, restricted or modified. We do not exclude these rights but do exclude all other conditions and warranties implied by custom, law or statute. We are not liable to you or anyone else if interference with or damage to your computer systems occurs in connection with use of this website or a linked website. You must take your own safeguards to ensure that whatever you select for your use from this website is free of viruses or anything else (such as worms or trojan horses) that may interfere with or damage the operations of your computer systems.
We do not warrant that your access to the website will be uninterrupted or error free or that any defects will be amended. We may, from time to time, change or add to this website (including these Terms of Use) or the information, products and services without notice. However, we do not undertake to keep this website updated. We are not liable to you or anyone else if errors occur in the information on this website or if that information is not up-to-date.
Under no circumstances (including but not limited to any act or omission on the part of PLANE PAL) will PLANE PAL be liable for any indirect, incidental, special and/or consequential damages or loss of profits whatsoever which result from any use or access of, or any inability to use or access, the website. To the fullest extent permitted by law, PLANE PAL’s liability for breach of any Consumer Guarantee, which cannot be excluded, is limited at the option of PLANE PAL to the following: in the case of services supplied or offered by PLANE PAL, which are not of a kind typically acquired for personal, domestic or household use or consumption (a) the supply of the services again; or (b) the payment of the cost of having services supplied again; and in the case of goods supplied or offered by PLANE PAL, which are not of a kind ordinarily acquired for personal, domestic or household use or consumption (a) the replacement of the goods or the supply of equivalent goods; (b) the repair of such goods; (c) the payment of the cost of the replacing the goods or of acquiring equivalent goods; or (d) the payment of the cost of having the goods repaired. In these Terms of Use, certain words (particularly capitalised ones) may have special meanings. If they do these special meanings are set out in the "General" section.
The Terms of Use are effective until terminated by PLANE PAL and PLANE PAL may terminate this agreement and your access to the website at any time without notice. In the event of termination you are no longer authorised to access the website, but all restrictions imposed on you and all disclaimers and limitations of liability set out in the Terms of Use will survive.
PAYMENTS
All transactions are secure and encrypted, and we never store your credit card information. All credit/debit card transactions on the PLANE PAL site are processed using Stripe. Payment information is also governed by Stripe's privacy policy. Security is Stripe's highest priority. Stripe meet or exceed the most stringent industry standards: each piece of Stripe's infrastructure and each stage of their operations are designed with security in mind. Learn more about Stripe here.
GENERAL TERMS
1 EXCHANGES + RETURNS
1.1 Subject to the rights granted to you by statutory consumer protection legislation PLANE PAL does not offer refunds or exchanges for change of mind.
1.2 In the unlikely event that there is a fault with your purchase PLANE PAL will replace the product. Please email hello@keepemquiet.com within 7 days of purchase to report a fault and arrange the return of the faulty item and delivery of a replacement.
1.3 Under no circumstances will PLANE PAL be liable or issue a refund if the product is not delivered in time for travel. Please allow ample time for delivery. The time frames quoted on this site are a guide only and can be affected by many factors.
2 LIMITATION OF LIABILITY
Subject to the rights granted to you by statutory consumer protection legislation, which cannot be excluded, in no event shall we be liable to you for any injury, or incidental, undue damages, whatsoever including damages for loss of income, data, or personal injury, death or consequential damages except to the extent such limitation or exclusion of liability is not permitted by law.
3 COMPETITIONS + PRIZES
3.1 To enter our competitions, entrants must complete all requirements as listed on the website or social media platform and entries must be received by the promoter by the close of business on the specified closing date (AEST).
3.2 The winner may be required to take part in promotional activity related to the prize draw and the winner shall participate in such activities at our reasonable request. The winner consents to the use by us and our related entities, both before and after the closing date of the prize draw for an unlimited time, of the winner’s voice, image, photograph and name for publicity purposes (in any medium, including still photographs and films, and on the internet, including any websites or social media hosted by us and our related entities) and in advertising, marketing or promotional material without additional compensation or prior notice and, in entering the prize draw, all entrants consent to the same.
3.3 The judges’ decision is final and binding. As such, no correspondence will be entered into.
3.4 Plane Pal accepts no responsibility for any damage loss, liabilities, injury or disappointment incurred or suffered by you as a result of entering our competitions or accepting the prize. If any prize is unavailable, for whatever reason, the promoter reserves the right to substitute the prize for a prize of equal or lesser value.
3.5 Each entrant’s personal information (‘PI’) is collected to enable the promoter to administer and promote this competition and the winner. The PI of winners may be provided to third parties who are assisting the promoter, including prize suppliers, deliverers and authorities that regulate competitions. Entrants who fail to provide all requested PI, may be determined by the promoter at its sole discretion, to be ineligible to win a prize. Errors and omissions may be accepted at the promoter’s discretion. Failure by the promoter to enforce any of its rights at any state does not constitute a waiver of those rights.
3.6 The promoter reserves the right at its sole discretion to disqualify any individual who the promoter has reason to believe has breached any of these conditions, or engaged in any unlawful or other improper misconduct calculated to jeopardise the fair and proper conduct of the competition. The promoter’s legal rights to recover damages or other compensation from such an offender are reserved.
3.7 All prize values are listed in AUS dollars.
4 RISK
4.1 Title of the purchase will pass to you on receipt of full payment from you or when you receive the purchase, whichever happens later.
4.2 Risk of loss or damage to the purchase will pass to you when we provide the purchase to a third party for delivery of it to you and we provide no estimate as to time of delivery and you agree that time is not of the essence with respect to delivery. We are not responsible for delivery once the product has been transferred to the third party delivery service (Australia Post), and CANNOT guarantee the delivery time frame.
4.3 Where we send you the delivery tracking number by email, and you claim that you have not received delivery, you must first contact the designated courier company on your tracking.
4.4 Subject to the rights granted to you by statutory consumer protection legislation, which cannot be excluded, we make no representations to you in respect of your use of the product. PLANE PAL provides no warranty as to any results or outcomes associated with using the product.In particular we highly recommend contacting your carrier and investigating any specific policies they may have that may effect your use of the product.
4.5 You expressly acknowledge that PLANE PAL should be used under direct adult supervision at all times and that the child’s seat belt should remain fastened at all times.
4.6 You expressly acknowledge that your use of our products is at your sole risk.
5 PRIVACY
5.1 PLANE PAL MAY USE YOUR INFORMATION TO;
(a) send you direct marketing material by email or post; and
(b) compile a consumer profile about you to enable PLANE PAL to serve you in a more personalised way.
As with all of your personal information that we hold on our website, PLANE PAL will not provide this information to third parties without your consent, except where:
(a) such disclosure is permitted under the Privacy Act 1988;
(b) PLANE PAL is required by law to disclose information to third parties; or
(c) PLANE PAL has outsourced some internal functions to third parties, for example data warehousing companies, mail houses or contractors that carry out administrative functions on their behalf.