The Parcel

Terms of Use

Welcome to The Parcel website ("the Microsite") which is owned, controlled and operated by Pacific Magazines Pty Limited (ABN 16 097 410 896) ("Pacific"). 

These Terms of Use are important and you should read them carefully. Your use of and access to the Microsite and purchase of goods or services via this Microsite is conditional upon your acceptance of and compliance with these Terms of Use and the terms, conditions, notices and disclaimers contained in this document and elsewhere on the Microsite, and on you complying with all applicable laws of the Commonwealth of Australia (including its states and territories).

Your use of, and/or access to, the Microsite constitutes your agreement to these Terms of Use. Pacific reserves the right to amend the Terms of Use at any time. Any changes will be published in this web document. Since you are bound by these Terms of Use (‘this contract’), you should periodically refer to this web document to monitor changes.

Purchase and pricing of The Parcel

In addition to the terms which relate to your use of the Microsite, the following terms relate to your purchase of The Parcel.
When you place your order to purchase The Parcel, the terms with respect to ordering and delivery are governed by these terms.

You must be over 15 to purchase one edition or subscribe to purchase several editions of The Parcel, so if you are under 15 years old, ask your parent or guardian to buy or subscribe for you. 

When you purchase one edition or subscribe to purchase several editions of “The Parcel”, the price will cover the cost of the Parcel and all delivery costs within Australia. 

All orders placed on this Microsite are quoted and charged in Australian dollars and, unless we state otherwise, all prices are inclusive of GST. Our product prices are set out on www.theparcel.com.au and we may update them from time to time and we do not provide price protection nor refunds in the event of a price change or promotional offering. In the case where the product you order is sold out we will offer a full refund. 

Payment options

You may purchase a subscription to The Parcel in four ways as set out  below:

You may purchase one edition of The Parcel and payment must be made in full at the time of your order, via the Subscribe Today website (www.subscribetoday.com.au). We only accept payment by credit card and accept Visa, Master Card, American Express and Diners Club.


You may purchase an annual subscription to The Parcel. For annual subscriptions payment must be made in full at the time of your order, via the Subscribe Today website (www.subscribetoday.com.au). We only accept payment by credit card and accept Visa, Master Card, American Express and Diners Club. Note: Annual subscriptions do not renew automatically at the end of your subscription term.

You may purchase a re-occurring period-by-period subscription to The Parcel. If you choose this option, Subscribe Today will setup a re-occurring payment profile to deduct future periodic subscription fees. The payments will continue unless you decide to cancel. Please see below for further details on cancelling. 

You may also purchase a bundle containing an annual subscription to The Parcel along with an annual subscription to the Pacific-nominated magazine (such bundled subscription to commence only once your current subscription has expired). 
Delivery

The Parcel will be posted by a third party carrier. Please see the Key Dates Schedule on the website for estimated delivery times. 

It is vital that the details that you give us are correct. Pacific is not liable for any errors that you make. Also, you must ensure that Pacific has your new address details if you move.

Refunds and returns

If you are not satisfied with The Parcel edition you have received, you can return your Parcel in its original condition to us within 14 days of the date on the invoice for a full refund upon approval by us. We will not refund in the event any products within the Parcel have been opened or used. 

All products are checked for quality before dispatch and while we try our best to ensure that the product is delivered to you in perfect condition, the product may be damaged in the delivery process. Should this happen you can return the damaged items and we will re-send the product and pay for the return and additional postage charges. 

If you intend to seek a refund or replacement, you must email or call Customer Service to obtain prior approval. Please include the order number and reason for the return. Return the items to: 

Attention: Pacific Magazines
Address: GPO Box 4983
Sydney NSW 2001

Please do not send your purchased product back to the manufacturer or supplier of any of the products contained within the Parcel.

Customer service 

If you have any questions relating to your purchase of a subscription to The Parcel or for general enquires you can contact us via phone on 1300 112 296 OR send us a message via Contact Us.

Research

When you purchase The Parcel, you acknowledge and agree that you will receive an invitation from Pacific to participate in our feedback survey and online survey, and that you may also receive an invitation to participate in a focus group.

Privacy

Pacific is collecting your personal information for the purpose of processing and managing your purchase or subscription and understanding our audiences. Pacific will otherwise handle your personal information in accordance with Seven West Media’s Privacy Policy which is available on our website athttp://www.sevenwestmedia.com.au/privacy-policies (and which contains information regarding how you can access your personal information, correct it and/ or make a complaint about our handling of your personal information). By purchasing The Parcel, you agree to the terms of the Privacy Policy. Without limiting the foregoing, Pacific may disclose your personal information to its related entities, business partners and external service providers for research and profiling purposes as well as other purposes reasonably related to your relationship with Pacific. In addition, by ordering your subscription, you consent to Pacific using your personal information for the purpose of Pacific and its related entities sending you information regarding programs, products and services available through them and/ or through their business partners, and to Pacific from time to time sharing your personal information with carefully selected business partners for the purpose of them sending you such information directly. We will always provide you with the ability to opt out of those communications. 

Subscription cancellations

Annual subscriptions cannot be cancelled within the subscription term. 

Re-occurring subscriptions may be cancelled 14 days before the expiry of the then-current re-occurring period. All cancellation requests should be made via Contact Us or by phone on 1300 112 296. Given our required notice period, if you contact with less than 14 days notice prior to the expiry of the then-current re-occurring period, your cancellation will take effect from the subsequent period.

Microsite Access & Use

All information, text, material, graphics, software and advertisements on the Microsite ("Content") are protected by Australian and international copyright and trademark laws.

Apart from any use permitted under the Copyright Act 1968 (Cth) you must not modify, copy, reproduce, republish, frame, upload to a third party, post, transmit or distribute this Content in any way except as expressly provided for on the Microsite or expressly authorised in writing by Pacific.

The reproduction, duplication, distribution (including by way of email, facsimile or other electronic means), publication, modification, copying or transmission of material from the Microsite is STRICTLY PROHIBITED unless you have obtained the prior written consent of Pacific or unless it is specifically stated otherwise within the Microsite. The material covered by this prohibition includes, without limitation, any text, graphics, logos, photographs, audio or video material or stills from audiovisual material available on the Microsite.

This means you are strictly prohibited from creating works or materials that derive from or are based on the materials contained in the Microsite including, without limitation, fonts, icons, link buttons, wallpaper, desktop themes, on-line postcards and greeting cards and unlicensed merchandise. This prohibition applies regardless of whether the derivative materials are sold, bartered or given away.

The Microsite may also include materials owned by third parties and posted on the Microsite by virtue of a licence, grant or some other form of agreement between the third party and Pacific.

The Microsite contains links to other websites outside the Microsite for your information and convenience. Pacific makes no warranty or representation as to the functionality of these links, the security of those sites or the reliability or accuracy of the information contained on these sites. You access any such website entirely at your own risk and your purchase from any third party is entirely at your own risk.

Strictly on the condition that you keep all Content intact and in the same form as presented on the Microsite (including without limitation all copyright, trademark and other proprietary notices and all advertisements), you may ONLY download and/or view the Content for your personal, non-commercial use.

Liability

Pacific and its employees and agents will not be liable to you or any other person for any loss, injury or damage arising from or as a consequence of any act or omission by Pacific.

Under Schedule 2 of the Consumer and Competition Act 2010 (Cth) (“Australian Consumer Law”) and other state based legislation, certain warranties and conditions (“Implied Terms”) are implied into your contract with us. The operation of, and liability for breach of, the Implied Terms cannot be, and are not in this contract, excluded and can only be limited in certain circumstances. Except for the Implied Terms, we exclude to the fullest extent permitted by law all terms implied by statute, at law, in fact or otherwise.

You understand and agree that our suppliers have no warranty obligations or other liabilities to you under this contract. 

We exclude to the fullest extent permitted by law all liability for any liabilities, losses, damages, costs or expenses (whether arising in contract, tort (including negligence) or under any other cause of action) suffered or incurred by any person in connection with this contract or an act or omission of our or any of our suppliers' personnel in connection with this contract:

• On behalf of and for the benefit of our suppliers; and
• for ourselves, except for liability for breach of the Implied Terms which cannot be excluded by law (which may be limited to the extent permitted by the Australian Consumer Law).

In addition, our liability for breach of a condition or warranty implied into this contract is limited:
in the case of goods, to any one of the following as determined by us:
• the replacement of the goods or the supply of equivalent goods; or
• the repair of the goods; or
• the payment of the cost of replacing the goods or of acquiring equivalent goods; or
• the payment of the cost of having the goods repaired; 
in the case of services, to any one of the following as determined by us:
• the supplying of the services again; or
• the payment of the cost of having the services supplied again.

While Pacific does its best to ensure the optimal performance of the Microsite, you agree that you use the Microsite and rely on material contained in the Microsite at your own risk.

Subject to the Implied Terms:

• Pacific does not warrant that the Microsite is fit for any particular purpose; that the functions contained in the materials in the Microsite will be uninterrupted; that defects will be corrected; that the Microsite is free of viruses and other harmful components or that the Content is accurate, complete or reliable. 
• You should make and rely on your own enquires before entering into any transaction on the basis of the Content of the Microsite. 
• You acknowledge that Pacific, its parents and related parties together with their respective employees, agents, directors, officers and shareholders, are not liable for any delays, inaccuracies, failures, errors, omissions, interruptions, deletions, defects, viruses, communication line failures or for the destruction, damage or unauthorised access to your computer system or Microsite. 
• You acknowledge that Pacific is not liable for any defamatory, offensive or illegal conduct or material found in connection with the Microsite, including such conduct or material transmitted by any means by any other person. 
• You expressly acknowledge and agree that Pacific does not exert control over users of the Microsite (including individuals referred to on the Microsite as guests and experts) and is not liable either for their opinions or their behaviour including any information, advice, defamatory statements or offensive conduct.

Nothing in these Terms shall limit or exclude our liability for death or personal injury caused by our negligence.


To the extent permissible by law, we will not be liable under these Terms for any loss of income, loss of profits, loss of contracts, loss of data or for any indirect or consequential loss or damage of any kind howsoever arising and whether caused by tort (including negligence), breach of contract or otherwise.

To the extent permissible by law, our maximum aggregate liability under these Terms whether in contract, tort (including negligence) or otherwise shall in no circumstances exceed the amount payable by you to us in respect of the product(s) in question. 

We may transfer all or part of our rights and obligations under these Terms to our business partners or related bodies corporate. However, if assignment is likely to have a detrimental impact on you, and that impact is more than a minor impact, we will notify you about this.

The Parcel is provided for your personal, non-commercial use, and may not be resold, in whole or in part. 

You agree to indemnify and hold us harmless from and against any and all claims, proceedings, injuries, liabilities, losses, costs and expenses (including reasonable attorneys’ charges on an indemnity basis), including but not limited to claims against us or our suppliers alleging negligence, copyright infringement and/or trademark infringement, relating to or arising out of your breach of our agreement with you (as contained in these Terms).

These Terms are governed by the laws in force in New South Wales, Australia and you irrevocably and unconditionally submit to the non-exclusive jurisdiction of the courts of New South Wales, Australia and any courts which may hear appeals form those courts.

Termination

The Terms of Use are effective until terminated by Pacific. Pacific may terminate this agreement, your subscription and/ or your access to the Microsite at any time without notice, including but not limited to, for breach of these Terms of Use. In the event of termination, you are no longer authorised to access the Microsite, but all restrictions imposed on you, licenses and waivers granted by you and all Pacific disclaimers and limitations of liability set out in these Terms of Use (as amended) will survive.

Copyright 2016 Pacific Magazines Pty Limited

 

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The Parcel is a premium sampling service whereby Australia's most trusted magazine editors collate the best and latest in beauty, cosmetics and health.