Welcome to Planet Spectrum.com.au. Planet Spectrum Australia, (“Planet Spectrum”) provide website features and other products and services to you when you visit or shop at Planet Spectrum.com.au, use Planet Spectrum products or services, use Planet Spectrum applications for mobile, or use software provided by Planet Spectrum in connection with any of the foregoing (collectively, “Planet Spectrum Services”). Planet Spectrum provides the Planet Spectrum Services subject to the following conditions.
By using Planet Spectrum Services, you agree to these conditions. Please read them carefully.
We offer a wide range of Planet Spectrum Services, and sometimes additional terms may apply. When you use an Planet Spectrum Service you also will be subject to the guidelines, terms and agreements applicable to that Planet Spectrum Service (“Service Terms”). If these Conditions of Use are inconsistent with the Service Terms, those Service Terms will control.
Please review our statement, which also governs your use of Planet Spectrum Services, to understand our practices.
When you use any Planet Spectrum Service, or send e-mails, text messages, and other communications from any device to us, you are communicating with us electronically. You consent to receive communications from us electronically and to us retaining and using your personal information to do so. We will communicate with you electronically in a variety of ways, such as by e-mail, text, in-app push notices, or by posting notices and messages on this site or through other Planet Spectrum Services, such as our Message Center. You agree that all agreements, notices, messages, disclosures and other communications that we provide to you electronically satisfy any legal requirement that such communications be in writing.
All content included in or made available through any Planet Spectrum Service, such as text, graphics, logos, button icons, images, audio clips, digital downloads, and data compilations is the property of Planet Spectrum or its content suppliers and protected by copyright laws. The compilation of all content included in or made available through any Planet Spectrum Service is the exclusive property of Planet Spectrum and protected by copyright laws.
In addition, graphics, logos, page headers, button icons, scripts, and service names included in or made available through any Planet Spectrum Service are trademarks or trade dress of Planet Spectrum. Planet Spectrum’s trademarks and trade dress may not be used in connection with any product or service that is not Planet Spectrum’s, in any manner that is likely to cause confusion among customers, or in any manner that disparages or discredits Planet Spectrum. All other trademarks not owned by Planet Spectrum that appear in any Planet Spectrum Service are the property of their respective owners, who may or may not be affiliated with, connected to, or sponsored by Planet Spectrum.
One or more patents owned by Planet Spectrum apply to the Planet Spectrum Services and to the features and services accessible via the Planet Spectrum Services. Portions of the Planet Spectrum Services operate under license of one or more patents.
LICENSE AND ACCESS
Subject to your compliance with these Conditions of Use and your payment of any applicable fees, Planet Spectrum or its content providers grant you a limited, non-exclusive, non-transferable, non-sublicensable license to access and make personal and non-commercial use of the Planet Spectrum Services. This license does not include any resale or commercial use of any Planet Spectrum Service, or its contents; any collection and use of any product listings, descriptions, or prices; any derivative use of any Planet Spectrum Service or its contents; any downloading or copying of account information for the benefit of another merchant; or any use of data mining, robots, or similar data gathering and extraction tools. All rights not expressly granted to you in these Conditions of Use or any Service Terms are reserved and retained by Planet Spectrum or its licensors, suppliers, publishers, or other content providers. No Planet Spectrum Service, nor any part of any Planet Spectrum Service, may be reproduced, duplicated, copied, sold, resold, visited, or otherwise exploited for any commercial purpose without express written consent of Planet Spectrum. You may not frame or utilize framing techniques to enclose any trademark, logo, or other proprietary information (including images, text, page layout, or form) of Planet Spectrum without express written consent. You may not use any meta tags or any other “hidden text” utilizing Planet Spectrum’s name or trademarks without the express written consent of Planet Spectrum. You may not misuse the Planet Spectrum Services. You may use the Planet Spectrum Services only as permitted by law. The licenses granted by Planet Spectrum terminate if you do not comply with these Conditions of Use or any Service Terms.
If you use any Planet Spectrum Service, you are responsible for maintaining the confidentiality of your account and password and for restricting access to your computer, and you agree to accept responsibility for all activities that occur under your account or password. Planet Spectrum does sell products for children, but it sells them to adults, who can purchase with a credit card or other permitted payment method. If you are under 18, you may use the Planet Spectrum Services only with involvement of a parent or guardian. Planet Spectrum reserves the right to refuse service, terminate accounts, remove or edit content, or cancel orders in its sole discretion.
REVIEWS, COMMENTS, COMMUNICATIONS, AND OTHER CONTENT
Visitors may post reviews, comments, and other content; send communications; and submit suggestions, ideas, comments, questions, or other information, so long as the content is not illegal, obscene, threatening, defamatory, invasive of privacy, infringing of intellectual property rights, or otherwise injurious to third parties or objectionable and does not consist of or contain software viruses, political campaigning, commercial solicitation, chain letters, mass mailings, or any form of “spam.” You may not use a false e-mail address, impersonate any person or entity, or otherwise mislead as to the origin of a card or other content. Planet Spectrum reserves the right (but not the obligation) to remove or edit such content, but does not regularly review posted content.
If you do post content or submit material, and unless we indicate otherwise, you grant Planet Spectrum a nonexclusive, royalty-free, perpetual, irrevocable, and fully sublicensable right to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, and display such content throughout the world in any media. You grant Planet Spectrum and sublicensees the right to use the name that you submit in connection with such content, if they choose. You represent and warrant that you own or otherwise control all of the rights to the content that you post; that the content is accurate; that use of the content you supply does not violate this policy and will not cause injury to any person or entity; and that you will indemnify Planet Spectrum for all claims resulting from content you supply. Planet Spectrum has the right but not the obligation to monitor and edit or remove any activity or content. Planet Spectrum takes no responsibility and assumes no liability for any content posted by you or any third party. You covenant not to bring any claim against Planet Spectrum related to any content you post or material you submit.
Planet Spectrum respects the intellectual property of others. If you believe that your work has been copied in a way that constitutes copyright infringement please contact our administration.
Planet Spectrum attempts to be as accurate as possible. However, Planet Spectrum does not warrant that product descriptions or other content of any Planet Spectrum Service is accurate, complete, reliable, current, or error-free. If a product offered by Planet Spectrum itself is not as described, your sole remedy is to return it in unused condition.
Except where noted otherwise, the List Price or Suggested Price displayed for products on any Planet Spectrum Service represents the full retail price listed on the product itself, suggested by the manufacturer or supplier, or estimated in accordance with standard industry practice; or the estimated retail value for a comparably featured item offered elsewhere. The List Price or Suggested Price is a comparative price estimate and may or may not represent the prevailing price in every area on any particular day.
We generally do not charge your credit card until after your order has entered the shipping process or, for digital products, until we make the digital product available to you.
PLANET SPECTRUM SOFTWARE TERMS
In addition to these Conditions of Use, the terms apply to any software or downloads (including any updates or upgrades to the software and any related documentation) that we make available to you from time to time for your use in connection with Planet Spectrum Services (the “Planet Spectrum Software”).
We provide links to the sites of affiliated companies and certain other businesses. We are not responsible for examining or evaluating, and we do not warrant the offerings of, any of these businesses or individuals or the content of their Web sites. Planet Spectrum does not assume any responsibility or liability for the actions, product, and content of all these and any other third parties. You should carefully review their privacy statements and other conditions of use.
DISCLAIMER OF WARRANTIES AND LIMITATION OF LIABILITY
THE PLANET SPECTRUM SERVICES AND ALL INFORMATION, CONTENT, MATERIALS, PRODUCTS (INCLUDING SOFTWARE) AND OTHER SERVICES INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH THE PLANET SPECTRUM SERVICES ARE PROVIDED BY PLANET SPECTRUM ON AN “AS IS” AND “AS AVAILABLE” BASIS, UNLESS OTHERWISE SPECIFIED IN WRITING. PLANET SPECTRUM MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, AS TO THE OPERATION OF THE PLANET SPECTRUM SERVICES, OR THE INFORMATION, CONTENT, MATERIALS, PRODUCTS (INCLUDING SOFTWARE) OR OTHER SERVICES INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH THE PLANET SPECTRUM SERVICES, UNLESS OTHERWISE SPECIFIED IN WRITING. YOU EXPRESSLY AGREE THAT YOUR USE OF THE PLANET SPECTRUM SERVICES IS AT YOUR SOLE RISK. TO THE FULL EXTENT PERMISSIBLE BY APPLICABLE LAW, PLANET SPECTRUM DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. PLANET SPECTRUM DOES NOT WARRANT THAT THE PLANET SPECTRUM SERVICES, INFORMATION, CONTENT, MATERIALS, PRODUCTS (INCLUDING SOFTWARE) OR OTHER SERVICES INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH THE PLANET SPECTRUM SERVICES, PLANET SPECTRUM’S SERVERS OR ELECTRONIC COMMUNICATIONS SENT FROM PLANET SPECTRUM ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. PLANET SPECTRUM WILL NOT BE LIABLE FOR ANY DAMAGES OF ANY KIND ARISING FROM THE USE OF ANY PLANET SPECTRUM SERVICE, OR FROM ANY INFORMATION, CONTENT, MATERIALS, PRODUCTS (INCLUDING SOFTWARE) OR OTHER SERVICES INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH ANY PLANET SPECTRUM SERVICE, INCLUDING, BUT NOT LIMITED TO DIRECT, INDIRECT, INCIDENTAL, PUNITIVE, AND CONSEQUENTIAL DAMAGES, UNLESS OTHERWISE SPECIFIED IN WRITING.
CERTAIN LAWS DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES OR THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES. IF THESE LAWS APPLY TO YOU, SOME OR ALL OF THE ABOVE DISCLAIMERS, EXCLUSIONS, OR LIMITATIONS MAY NOT APPLY TO YOU, AND YOU MIGHT HAVE ADDITIONAL RIGHTS. HOWEVER, THE DISCLAIMERS, EXCLUSIONS AND LIMITATIONS ABOVE WILL APPLY TO THE GREATEST EXTENT POSSIBLE UNDER APPLICABLE LAW.
You expressly agree that any dispute or claim relating in any way to your use of any Planet Spectrum Service, or to any products or services sold or distributed by Planet Spectrum or through Planet Spectrum.com.au will be resolved by binding arbitration, rather than in court, except that you may assert claims in small claims court if your claims qualify. You expressly waive any other jurisdiction for a dispute related to any Planet Spectrum Service and any products or services sold or distributed by Planet Spectrum or through Planet Spectrum.com.au. The Federal Arbitration Act of the United States and United States federal arbitration law apply to this agreement.
There is no judge or jury in arbitration, and court review of an arbitration award is limited. However, an arbitrator can award on an individual basis the same damages and relief as a court (including injunctive and declaratory relief or statutory damages), and must follow the terms of these Conditions of Use as a court would.
To begin an arbitration proceeding, you must send a letter requesting arbitration and describing your claim to our registered agent Corporation Service Company, 300 Deschutes Way SW, Suite 304, Tumwater, WA 98501. The arbitration will be conducted by the American Arbitration Association (AAA) under its rules, including the AAA’s Supplementary Procedures for Consumer-Related Disputes. The AAA’s rules are available at http://www.adr.org or by calling 1-800-778-7879.
Payment of all filing, administration and arbitrator fees will be governed by the AAA’s rules. We will reimburse those fees for claims totaling less than $10,000 unless the arbitrator determines the claims are frivolous. Likewise, Planet Spectrum will not seek attorneys’ fees and costs in arbitration unless the arbitrator determines the claims are frivolous. You may choose to have the arbitration conducted by telephone, based on written submissions, or in person in the county where you live or at another mutually agreed location.
We each agree that any dispute resolution proceedings will be conducted only on an individual basis and not in a class, consolidated or representative action. If for any reason a claim proceeds in court rather than in arbitration we each waive any right to a jury trial. We also both agree that you or we may bring suit in court to enjoin infringement or other misuse of intellectual property rights.
By using any Planet Spectrum Service, you agree that the Federal Arbitration Act of the United States, applicable federal law of the United States, and the laws of the state of Washington, without regard to principles of conflict of laws, will govern these Conditions of Use and any dispute of any sort that might arise between you and Planet Spectrum.
POLICIES, MODIFICATION, AND SEVERABILITY
Please review our other policies posted on this site. These policies also govern your use of Planet Spectrum Services. We reserve the right to make changes to our site, policies, Service Terms, and these Conditions of Use at any time and your continued use of the Planet Spectrum Services will evidence your acceptance of those changes. If any of these conditions shall be deemed invalid, void, or for any reason unenforceable, that condition shall be deemed severable and shall not affect the validity and enforceability of any remaining condition.
Notice and Procedure for Making Claims of Copyright Infringement
If you believe that your work has been copied in a way that constitutes copyright infringement, please submit your complaint to our provided address. We respond quickly to the concerns of rights owners about any alleged infringement.
If you prefer to submit a report in writing, please provide us with this information:
- A physical signature of the person authorized to act on behalf of the owner of the copyright interest;
- A description of the copyrighted work that you claim has been infringed upon;
- A description of where the material that you claim is infringing is located on the site;
- Your address, telephone number, and e-mail address;
- A statement by you that you have a good-faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law;
- A statement by you, made under penalty of perjury, that the above information in your notice is accurate and that you are the copyright owner or authorized to act on the copyright owner’s behalf.
Planet Spectrum’s Copyright Agent for notice of claims of copyright infringement on its site can be reached as follows:
Planet Spectrum Australia
1 De Burgh Rd Drysdale Vic 3222
Please note that this procedure is exclusively for notifying Planet Spectrum that your copyrighted material has been infringed.
Additional Planet Spectrum Software Terms
- Use of the Planet Spectrum Software.You may use Planet Spectrum Software solely for purposes of enabling you to use and enjoy the Planet Spectrum Services as provided by Planet Spectrum, and as permitted by the Conditions of Use, these Software Terms and any Service Terms. You may not incorporate any portion of the Planet Spectrum Software into your own programs or compile any portion of it in combination with your own programs, transfer it for use with another service, or sell, rent, lease, lend, loan, distribute or sub-license the Planet Spectrum Software or otherwise assign any rights to the Planet Spectrum Software in whole or in part. You may not use the Planet Spectrum Software for any illegal purpose. We may cease providing any Planet Spectrum Software and we may terminate your right to use any Planet Spectrum Software at any time. Your rights to use the Planet Spectrum Software will automatically terminate without notice from us if you fail to comply with any of these Software Terms, the Conditions of Use or any other Service Terms. Additional third party terms contained within or distributed with certain Planet Spectrum Software that are specifically identified in related documentation may apply to that Planet Spectrum Software (or software incorporated with the Planet Spectrum Software) and will govern the use of such software in the event of a conflict with these Conditions of Use. All software used in any Planet Spectrum Service is the property of Planet Spectrum or its software suppliers and protected by United States and international copyright laws. .
- No Reverse Engineering.You may not, and you will not encourage, assist or authorize any other person to copy, modify, reverse engineer, decompile or disassemble, or otherwise tamper with, the Planet Spectrum Software, whether in whole or in part, or create any derivative works from or of the Planet Spectrum Software.
- In order to keep the Planet Spectrum Software up-to-date, we may offer automatic or manual updates at any time and without notice to you.
- Export Regulations; Government End Users.You must comply with all export and re-export restrictions and regulations that may apply to the Planet Spectrum Software or downloads