Terms & Conditions

TERMS OF USE

This Website is owned and operated by company Bestroke Pty Ltd (ABN 29 160 850 948), trading as Commas – commas.cc. Use of this website is subject to these Terms of Use. Commas is not liable to you or any other for any loss in connection with the use of this website or a linked website. This general disclaimer is not restricted or modified by any of the following specific warnings and disclaimers. Please read the full Terms of Use. Please note: Commas reserves the right to amend the Terms of Use at any time. However, since you are bound by these Terms of Use, you should periodically refer to them.

GENERAL DISCLAIMER

We are not liable to you or anyone else for any Loss in connection 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 & 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 precautions 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 corrected. 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 Commas) will Commas 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, Commas’ liability for breach of any Consumer Guarantee, which cannot be excluded, is limited at the option of Commas to the following:

• in the case of services supplied or offered by Commas, which are not of a kind ordinarily 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 Commas, 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 Commas and Commas 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.

PAYMENT

Payment can be made by Visa, MasterCard, Paypal, Klarna and any other methods which may be clearly advertised on the Site from time to time. Payment will be debited and cleared from your account upon dispatch of your order by Commas. You confirm that the credit/debit card that is being used is yours or that you have been specifically authorised by the owner of the credit/debit card to use it. All credit/debit card holders are subject to validation checks and authorization by the card issuer. If the issuer of your payment card refuses to authorize payment to Commas, we will not be liable for any delay or non-delivery.

We take reasonable care to make our Site secure. If you are a registered Commas user, we will securely store your credit/debit card details on our systems. These details will be fully encrypted and only used to process card transactions which you have initiated.

Furthermore, we take reasonable care, in so far as it is in our power to do so, to keep the details of your order and payment secure, but in the absence of negligence on our part we cannot be held liable for any loss you may suffer if a third party procures unauthorized access to any data you provide when accessing or ordering from the Site.

COPYRIGHT

This website is our copyright property. You are provided with access to it only for your personal and non-commercial use. Other than for the purposes of and subject to the conditions prescribed under the Copyright Act 1968 or any other applicable legislation throughout the world, you may not, in any form or by any means: adapt, reproduce, store, distribute, transmit, print, display, perform, publish or create derivative works from any part of this website; or commercialise any information, products or services obtained from any part of this website without our written permission.

TRADE MARKS

These trade marks and other Commas products and services referred to in this website are trade marks of Commas. Other product and company names mentioned in this website may be the trade marks of other people or entities. Nothing contained in the website should be construed as granting any licence or right of use of any trade mark or part of any trade mark displayed on the website without the express written permission of Commas or third party owner.

LINKED WEBSITES

This website may contain links to linked websites. Those links are provided for convenience only any may not remain current or be maintained. Links to those websites should not be construed as any endorsement, approval, recommendation or preference by us of the owners or operators of the sites, or of any information, products or services referred to on those other sites unless specifically stated. Unless otherwise stated the linked websites are not under the control of Commas and Commas is not responsible for the contents of any linked website. You link to any such website at your own risk. Commas may use this information to build up a consumer profile about you, which may allow it to tailor offers or marketing material which may be of interest to you.

As with all of your personal information Commas will not provide this to third parties without your consent, except where:

• such disclosure is permitted under the Privacy Act 1988;

• Commas is required by law to disclose information to third parties; or

• Commas 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.

GENERAL

In this website:

"Consumer Guarantee" means any guarantee (other than a guarantee under section 51, 52 or 53) applicable under the Australian Consumer Law (in Division 1, Part 3-2 of Schedule 2 to the Competition and Consumer Act 2010 (Cth) and any equivalent State or Territory Fair Trading legislation) to goods and services acquired by consumers.

"linked websites" means websites of persons or entities other than Tuchuzy which are hyperlinked from this website.

"personal information" means any information from which your identity is apparent or can be reasonably be ascertained.

"website" means the whole or any part of the web pages located at www.commas.cc (including the lay-out of this website, individual elements of the website design, underlying code elements of this website, or text, sounds, graphics, animated elements or any other content of this website.)

"We" and "us" refer to Commas and "our" has the same meaning.

These Terms of Use 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 from those courts. Nothing contained in these Terms of Use derogates from Commas right to comply with law enforcement requests or requirements relating to your use of this website or information provided to or gathered by Commas with respect to that use.

Be Gifted Two Pieces From Our New Collection

Terms and Conditions

1. Participation in this promotion is deemed acceptance of these terms.

2. Entry is only open to Australian & USA residents only.

3. Employees (and their immediate families) of the Promoter and agencies associated with this promotion are ineligible to enter.

4. The Promoter reserves the right, at any time, to verify the validity of entries and entrants (including an entrant’s identity, age and place of residence) and to disqualify any entrant who submits an entry that is not in accordance with these Terms and Conditions or who tampers with the entry process. Errors and omissions may be accepted at the Promoter's discretion. Failure by the Promoter to enforce any of its rights at any stage does not constitute a waiver of those rights.

5. Incomplete, indecipherable or illegible entries will be deemed invalid.

6. Multiple entries permitted, subject to the following: (a) only one entry permitted; and (b) each entry must be submitted separately and in accordance with entry requirements.

7. If there is a dispute as to the identity of an entrant, the Promoter reserves the right, in its sole discretion, to determine the identity of the entrant.

8. Promotion begins on the 1st May 2024 AEDT and closes on the 19th of May 2024. The winners will be drawn on the 22nd May 2024.

9. The Promoter’s decision is final and no correspondence will be entered into.

Major Prize

10. The Major Prize drawn.

11.Total value of two pieces for two people from the new collection

12.The prize is being provided by Commas
13. Prize is NON-TRANSFERABLE/NON-EXCHANGEABLE/NON-REPLACEABLE/NON-UPGRADEABLE and cannot be redeemed for cash or returned.

14. The winners will be notified by email.

15. Subject to the unclaimed prize draw clause, if for any reason the winner does not take
the prize (or an element of the prize), then the prize (or that element of the prize) will be forfeited.

16. If the prize (or part of a prize) is unavailable, the Promoter, in its discretion, reserves the right to substitute the prize (or that part of the prize) with a prize to the equal value and/or specification, subject to any written directions from a regulatory authority.

General

17. Total prize pool value is up to 2 products from the new collection up to the value of $1000 AUD per winner.

18. The prize is not transferable or exchangeable and cannot be taken as cash.

19. Entrants consent to the Promoter using their name, likeness, image and/or voice in the event they are a winner (including photograph, film and/or recording of the same) in any media for an unlimited period without remuneration for the purpose of promoting this promotion (including any outcome), and promoting any products manufactured, distributed and/or supplied by the Promoter.

20. If this promotion is interfered with in any way or is not capable of being conducted as reasonably anticipated due to any reason beyond the reasonable control of the Promoter, including but not limited to technical difficulties, unauthorised intervention or fraud, the Promoter reserves the right, in its sole discretion, to the fullest extent permitted by law (a) to disqualify any entrant; or (b) subject to any written directions from a regulatory authority, to modify, suspend, terminate or cancel the promotion, as appropriate.



21. Any cost associated with accessing the promotional website is the entrant’s responsibility and is dependent on the Internet service provider used. The use of any automated entry software or any other mechanical or electronic means that allows an entrant to automatically enter repeatedly is prohibited and will render all entries submitted by that entrant invalid.

22. Nothing in these Terms and Conditions limits, excludes or modifies or purports to limit, exclude or modify the statutory consumer guarantees as provided under the Competition and Consumer Act, as well as any other implied warranties under the ASIC Act or similar consumer protection laws in the State and Territories of Australia (“Non-Excludable Guarantees”). Except for any liability that cannot by law be excluded, including the Non-Excludable Guarantees, the Promoter (including its respective officers, employees and agents) excludes all liability (including negligence), for any personal injury; or any loss or damage (including loss of opportunity); whether direct, indirect, special or consequential, arising in any way out of the promotion.

23. Except for any liability that cannot by law be excluded, including the Non-Excludable Guarantees, the Promoter (including its respective officers, employees and agents) is not responsible for and excludes all liability (including negligence), for any personal injury; or any loss or damage (including loss of opportunity); whether direct, indirect, special or consequential, arising in any way out of: (a) any technical difficulties or equipment malfunction (whether or not under the Promoter’s control); (b) any theft, unauthorised access or third party interference; (c) any entry or prize claim that is late, lost, altered, damaged or misdirected (whether or not after their receipt by the Promoter) due to any reason beyond the reasonable control of the Promoter; (d) any variation in prize value to that stated in these Terms and Conditions; (e) any tax liability incurred by a winner or entrant; or (f) use of a prize.

24. The Promoter collects personal information in order to conduct the promotion and may, for this purpose, disclose such information to third parties, including but not limited to agents, contractors, service providers, and prize suppliers and, as required, to Australian regulatory authorities. Entry is conditional on providing this information. The Promoter may, for an indefinite period, unless otherwise advised, use the information for promotional, marketing, publicity, research and profiling purposes, including sending electronic messages or telephoning the entrant. Entrants should direct any request to opt out, access, update or correct information to the Promoter. All entries become the property of the Promoter.
25. Please note that entry into this competition is deemed automatic consent to be added to the Commas database.

26. In the instance where the original winner doesn’t claim the prize then a redraw will take place, the re-draw winner will be notified via email.

27. The re-draw will take place on the 25th of May 2024.

28. The Promoter is Bestroke Pty Ltd (Trading as Commas) ABN: 29160850948