Terms & Conditions

Your use of this site is subject to your acceptance of the following terms and conditions:

ACCEPTANCE OF THESE TERMS AND CONDITIONS
By proceeding to access and/or use this site and the information contained on this website, you hereby acknowledge and agree to these Terms and Conditions. If you do not agree to these Terms and Conditions of use, you are not authorised to access or use this website and you must exit from this website immediately.

PRICING and PAYMENT
1.1 All prices quoted are in Australian dollars and include GST where applicable.
1.2 Savings are expressed as $ or % off Recommended Retail Price and are correct at time of promotion to the Always on Sale site. These savings do not include the Administration Service Fee, phone service fee or freight in the calculation.
1.3 On processing your order, we must authorise the full amount of the payment, including an Administration Service Fee of 1.5% plus any freight or service charges. Your credit card will be debited at the time of order.
1.4 An Administration Service Fee of 1.5% and a delivery fee applies to each product purchased. This fee will display in your shopping basket that can be accessed by clicking on "Buy Now" in a product listing or "Your Order" from any other page. Specifications and prices and fees are subject to change without notice.
1.5 A fee of $10 per order is charged if you choose to purchase via our call centre.
1.6 We reserve the right to verify your order by requesting a copy of identification, and failure to provide such identification upon request will see the cancellation of the order and refund of monies minus any administration costs incurred by Always on Sale.

OFFERS / PROMOTIONAL SPECIALS
2.1 Dates, times, prices and other event/product information are believed to be correct at the time of the last update and are subject to change.
2.2 Information and content relating to product offers are sourced through many varied and complex arrangements. Whilst maintaining diligence within respect to the promotion of this content, Always on Sale will not be held liable for mistakes or misrepresentation of information that it may or may not have ultimate and direct control over. If you are unhappy with the details of your purchase you may lodge a dispute in which at best, Always on Sale will refund the value of your purchase upon return of goods. Always on Sale will not be held liable over mistakenly promoted information resulting in unrealistic purchasing expectations.
2.3 Always on Sale reserves the right to arbitrate over claims of ambiguous or unclear offer information. A dispute may be lodged through the correct procedure whereby the decision offered by Always on Sale is final.
2.4 A first time purchaser of Always on Sale and Tix4Nix implies acceptance to receive the Always on Sale members webletter and is therefore automatically added to the distribution list. Upon receipt of first webletter, you are freely and conveniently able to unsubscribe to further communications. You may also visit the website directly and use the unsubscribe service there.
For future purchases your details will be remembered to facilitate and easy checkout process, whereby you will be asked whether or not you choose to start receiving the members webletter again, in which you can simply confirm yes or no.
2.5 By becoming a member of this site you may receive email promotions from our partner sites. You may unsubscribe upon receipt of any email promotion or at any time via the corresponding website directly. For future purchases your details will be remembered to facilitate an easy checkout process, whereby you will have the option to opt in to receive email promotions again, in which you can simply confirm yes or no.
2.6 From time to time Always on Sale will offer discount vouchers for certain promotions, generally terms as a "voucher". The voucher can not be used in retrospect and must be claimed during the transaction process. Further terms include: Discount is applied to the total of the order. Movie Tickets, Theme Park Vouchers, Magazine Subscriptions, Gift Vouchers and Phone Cards are excluded from offer. One discount is available for use per order. Multiple orders permitted. 'Fair use' policy applies and we reserve the right to terminate promotion without notice should abuse be detected.

PRODUCT INFORMATION AND AVAILABILITY
3.1 Prices of goods and services, delivery fee, Administration Service Fee and other charges displayed on Always on Sale website are current at the time of display. However, specifications, prices and fees are subject to change without notice.
3.2 We are unable to warrant that product descriptions and other information displayed on the website is accurate, complete, reliable, current or error free, including its availability at the moment of processing the order.
3.3 Our goods come with guarantees that cannot be excluded under the Australian Consumer Law. You are entitled to a replacement or refund for a major failure and for compensation for any other reasonably foreseeable loss or damage. You are also entitled to have the goods repaired or replaced if the goods fail to be of acceptable quality and the failure does not amount to a major failure.

DELIVERY POLICY
4.1 We deliver directly to your nominated street address throughout Australia via Australia Post. If any alternative delivery method is to be used, you shall be contacted and informed of the delivery date. Please allow up to 7 business days for despatch after placing your order. Delays outside our control may be experienced. Where multiple items are purchased, delivery may be received at different times. An additional delivery charge may be applicable if the product is not accepted by you during your prescribed delivery time.

LIABILITY DISCLAIMER
5.1 Access to this website and use of any information contained on it, including the use of a credit card or other debit device, or creation of any liability or obligation in connection with the access to or use of the website is at the user's sole risk. You hereby waive all claims against Always on Sale that may arise out of use of this website (however caused, including negligence and the unavailability or inoperation of the website, either partly or wholly). In no event will Always on Sale be liable to you or to any third party for any injury, loss, claim, damage, or any incidental or consequential damages (including but not limited to lost profits or savings) arising out of or in any way connected with the use of this website.
5.2 We use Secure Sockets Layer (SSL) encryption technology to securely transmit your personal information, including your credit card number, over the internet. By using this technology, it is our intention to protect your personal information, however we cannot guarantee SSL provides 100% security. See our Privacy and Security policy for more information.

ALWAYS ON SALE LIMITATIONS OF LIABILITY
6.1 Without limiting the operation of any other Terms and Conditions herein:

• We will not accept liability for any loss or damage arising from a late delivery.
• We will not accept liability for non receipt of delivery if you provide us with the incorrect delivery details.
• Without limiting the operation of any other Terms and Conditions herein, you agree that late delivery does not constitute a failure of our agreement, and does not entitle you to cancellation of an order.
• Without limiting the operation of any other Terms and Conditions herein, we will not accept liability for any loss or damage arising from items lost, stolen or damaged after delivery has taken place.
• You will aknowledge and agree that Always on Sale does not control the suppliers of goods or services purchased from this website and that unexpected delays may arise.

RESOLVING DISPUTES & CANCELLATIONS
7.1 If you have a dispute with Always on Sale over the operation of this website, please let us know by calling 1300 789 377 and we will try to resolve the problem quickly.
7.2 If you have a dispute about goods or services obtained, contact us for assistance. However, it may be expedient for you to contact the manufacturer or supplier directly, because their warranties will generally apply.
7.3 Returns policy: Always on Sale will not accept returned goods unless required under the Trade Practices Act 1974 (Cth).

RELEASE AND INDEMNITY
8.1 You agree to waive any and all claims that you now have or may have in the future against Always on Sale and Clearance Shop which relate to or are incidental to any transaction.
You agree to indemnify and hold Always on Sale and Clearance Shop harmless from and against any and all claims, loss or expense that may be incurred by Always on Sale and Clearance Shop which relate to or are incidental to the performance of its duties as described in these Terms and Conditions including all costs of defending itself against a claim by any other person and/or as a result of you taking any action or refraining from taking any action or instituting or defending any action or legal proceeding.
8.2 You further agree to indemnify and Always on Sale and Clearance Shop harmless from any claim made by any third party due to or arising out of your use of this website, the violation of these Terms and Conditions by you, or the infringement by you, or other users of this website using your membership account, of any Intellectual property or other right of any person or entity.

COPYRIGHT & INTELLECTUAL PROPERTY
9.1 The copyright in this website belongs to Pinpoint Pty Ltd ACN 002 693 656, trading as Always on Sale. The copyright and the trademarks and any other intellectual property rights belonging to third parties appearing in or arising from this website (together, the Intellectual Property) may not be used, copied or reproduced in any way without authorisation from the relevant owner. No licence is granted in respect of any use of any of the Intellectual Property. Unauthorised use of the Intellectual Property and of this website is strictly prohibited.
9.2 The user agrees to indemnify Always on Sale for any losses that it may suffer or claims it may be exposed to as a result of unauthorised use of any Intellectual Property or any other information appearing on this website (which includes any such use by non-Australian residents).

JURISDICTION
10.1 These Terms and Conditions (including the Privacy Policy) and your use of the Always on Sale website will be governed by and construed in accordance with the laws of Australia, and you hereby submit to the jurisdiction of courts in NSW.

CHANGING THESE TERMS AND CONDITIONS
11.1 We reserve the right to amend or change all or any part of the above terms and conditions.