business@theadcompany.com.au

www.theadcompany.com.au

388 spencer street west melbourne 3003
www.theadcompany.com.au
The Ad Company Pty Ltd
ABN 24 101 151 393

Online Customer Guarantee, Agreement
and Privacy and Security Statement

Introduction –
An approved online order produces a legally binding contractual agreement and The Ad
Company provides a 111% fully refundable guarantee if you do not receive what is paid for
within the agreed time period.
Legal details follow –
This Agreement is a contract between Your Company and/or You (you) and The Ad Company
Pty Ltd ABN 24 101 151 393 (The Ad Company).
This contract sets out the terms and conditions under which you may purchase products
online from The Ad Company. Please read the following terms and conditions carefully before
placing your order on www.theadcompany.com.au .
By completing the customer application process and using this website you agree to be
bound by the terms and conditions of this Agreement.
1. INTERPRETATION.
In these Conditions:
"Agreement" means an agreement between you and The Ad Company to supply
Goods/Services. The Agreement consists of the Order and these Conditions.
"Conditions" means these Conditions and any agreed written variations.
"Delivery Address" means the address to which the Goods are to be delivered as stated on
the Order.
"Delivery Fee" means the fee payable to The Ad Company in respect of delivery of the
Goods and handling costs associated with processing your Order as advised by The Ad
Company.
"Goods/Services" means Goods or Services described in an Order and includes packaging.
t 9329 7171 f 9329 7795
business@theadcompany.com.au www.theadcompany.com.au
388 spencer street west melbourne 3003
"Intellectual Property Rights" includes all rights in respect of copyright, trademarks,
patents, designs, protection of confidential information and circuit layouts, whether arising
under statute or otherwise.
"Order" means an order by you to purchase Goods/Services from The Ad Company.
"Product List" means the list of Goods/Services displayed on www.theadcompany.com.au
website as amended from time to time.
2. THE AGREEMENT
2.1 What is the Agreement?
The entire agreement between you and The Ad Company for the purchase of Goods/Services
by you from www.theadcompany.com.au is:
(a) these Conditions; and
(b) the terms of the Order.
2.2 When the Agreement is formed
An agreement exists between you and The Ad Company once:
(a) The Ad Company accepts an Order; or
(b) The Ad Company receives the Order and does not reject it within ten working days.
2.3 Each Order is a separate agreement.
2.4 Set-Off
If you owe money to The Ad Company under one agreement, The Ad Company may set-off
that money against any money that you owe to The Ad Company under another agreement. If
The Ad Company owes money to you under one agreement Coles Online may set-off that
money against any money that it owes you under another agreement.
3. CUSTOMER APPLICATION
3.1 Application to be completed
You must complete a customer application before placing an Order for Goods on
www.theadcompany.com.au . You warrant that all information and data provided by you in the
customer application is accurate, complete and up to date. You will promptly inform The Ad
Company if there is any change to this information or data.
3.2 Set up costs
You are responsible for any costs associated with accessing The Ad Company internet site
and placing orders for Goods on www.theadcompany.com.au including any Internet provider
fees.
3.3 Delivery area
In order to purchase Goods from www.theadcompany.com.au the Delivery Address which you
nominate will need to be within 10 kilometres of an Ad Company office.
t 9329 7171 f 9329 7795
business@theadcompany.com.au www.theadcompany.com.au
388 spencer street west melbourne 3003
Please ensure that your delivery address and suburb are correct, as orders for delivery
to addresses in suburbs that are not within The Ad Company 10 kilometre free delivery
area will incur a fee – as charged by The Ad Company approved transporters – Pack
and Send.
The Ad Company will advise you if the Delivery Address which you nominate ceases to be in
the free delivery area – and of the Pack and Send charge.
The Ad Company will not be obliged to continue to free delivery of your Goods to you if you
change your Delivery Address and the new Delivery Address which you nominate is not in an
area within The Ad Company 10 kilometre zone.
4. PURCHASE ORDERS & DELIVERY OF GOODS
4.1 Orders
You will place an Order on www.theadcompany.com.au by selecting Goods and pressing the
"Order" button. Orders will be deemed to have been received by The Ad Company at the time
of successful transmission of the Order.
4.2 Delivery of the Goods
The Ad Company will deliver the Goods to you at the Delivery Address, within the time agreed
and confirmed by you.
4.3 Authorised receipt of Goods
Anyone at the Delivery Address who receives the Goods shall be presumed by The Ad
Company to be authorised to receive the Goods.
4.4 Service Fee
If required by The Ad Company you shall pay to The Ad Company the Service Fee (or such
other fee as may be specified by The Ad Company) in respect of each Order.
4.5 Additional Delivery Fee
If there is no-one at the Delivery Address to receive and pay for the Order when the Order is
delivered The Ad Company may charge you and you shall pay an additional Delivery Fee –
the minimum Pack and Send delivery charge.
5. RISK & TITLE IN THE GOODS
5.1 Risk and Title
Property and risk in the Goods passes to you upon delivery and payment of the Goods to the
Delivery Address.
5.2 Returns or Refunds
If at any time you are not satisfied with the quality of the Goods you have purchased you may
email business@theadcompany.com.au and a representative will assess your request for a
credit or refund of the purchase price.
Credit for any items that you send back with the driver, or items that we pick up from you, will
be applied to you next order.
t 9329 7171 f 9329 7795
business@theadcompany.com.au www.theadcompany.com.au
388 spencer street west melbourne 3003
6. PRICE OF GOODS & PAYMENT
6.1 Price of Goods
The price of the Goods as shown on the Product List is the price which is applicable at the
time you view it.
Upon order confirmation of the Goods Ordered The Ad Company will provide you with a tax
invoice specifying the total price for the Goods.
6.3 Method of payment
You may select from the following methods of payment.
At the time of each order, you will be required to select your payment method being either
Online Payment by Credit Card or Customer Account. Unless otherwise agreed, in order to
receive your goods, payment must have been received by the selected payment method.
Online Payment by Credit Card
You may provide your credit card details during checkout on our secure site. We will process
your order payment using your credit card (Bankcard, MasterCard, and Visa) details for the
value printed on the tax invoice we provide with your order’s confirmation.
If your credit card is declined by your financial institution we will not be able to guarantee
delivery on the date or in the delivery window you selected and may contact you to make
alternative delivery and payment arrangements.
If you have any queries about the credit charge once you take delivery please contact
customer care on business@theadcompany.com.au.
Customer Accounts
You may make an application to set up a customer account with The Ad Company. If your
application is accepted you will be required to sign terms and conditions which will include
details in relation to payment methods.
In the event that your customer account is either suspended or closed pursuant to the terms
and conditions of the Customer Account, this Agreement and/or facility may be either
terminated or suspended by The Ad Company.
7. OUT OF STOCKS & SUBSTITUTION
7.1 No Rainchecks
The Ad Company will not provide rainchecks in respect of Goods ordered by you.
8. INTELLECTUAL PROPERTY RIGHTS
8.1 You acknowledge that The Ad Company or its related corporations own or are licensed to
use all Intellectual Property Rights in www.theadcompany.com.au (including, but not limited
to, any images, photographs or text which appears on the site). You agree that you will make
no representation to the contrary, and that you must not use or copy The Ad Company in any
manner which is inconsistent with the rights of the owner or licensee of such Intellectual
Property Rights.
t 9329 7171 f 9329 7795
business@theadcompany.com.au www.theadcompany.com.au
388 spencer street west melbourne 3003
8.2 You acknowledge that any trademarks or logos which appear on the
www.theadcompany.com.au site are owned by or licensed to The Ad Company or its related
corporations, and that you must not do anything to prejudice the rights of the trademark owner
or licensee to such trademarks or logos.
9. LIABILITY
9.1 You acknowledge that The Ad Company is provided "AS IS" and that The Ad Company is
not making and has not made any warranty or representation as to The Ad Company's
suitability for any particular purpose. You agree that in using www.theadcompany.com.au,
you are not relying on any statement or representation made by The Ad Company which is
not expressly contained in this Agreement.
9.2 You agree that any liability of The Ad Company arising out of or in connection with any
breach of any express or implied warranty or condition in respect of goods or services
supplied to you through use of www.theadcompany.com.au (other than a condition or
warranty implied by legislation which does not permit The Ad Company's liability to be limited
as stated in this clause 9.2) will, at the election of The Ad Company be limited to:
(a) if the condition relates to goods, the replacement of the goods or the supply of equivalent
goods; and
(b) if the condition relates to services, the supplying of the services again or the payment of
the cost of having the services supplied again.
9.3 You agree that the entire risk arising out of installation, down loading, use or performance
of any software remains with you. To the extent permitted by law, you release and discharge
The Ad Company and its related corporations from all forms of direct, special, indirect or
consequential loss or damage (including loss of profits, loss of data or loss or damage that
may reasonably have been supposed to have been in the contemplation of the parties as at
the date of this Agreement) arising out of or in connection with The Ad Company or this
Agreement, including, without limitation, loss or damage caused by the negligence of The Ad
Company or its related corporations.
10. USERNAME AND PASSWORD
You agree to take responsibility for the safekeeping of your user name and password. You
are liable if your user name and password are used by an unauthorised person. You agree to
release and indemnify The Ad Company in relation to any liability arising out of the
unauthorised use of your user name and/or password.
11. NOTIFICATION OF CHANGES
The Ad Company may add to, delete, or otherwise change any of the terms of this Agreement
by giving you notice as provided in clause 14. Your use of The Ad Company service after
notice will constitute your deemed acceptance of such changes.
12. PRIVACY & SECURITY
For details on the Coles Online Privacy & Security Statement, please read the following –
Privacy and Security Statement for www.theadcompany.com.au
The Ad Company understands and shares your concerns about how personal information is
collected, used and shared. We want to assure you that we will always handle your personal
t 9329 7171 f 9329 7795
business@theadcompany.com.au www.theadcompany.com.au
388 spencer street west melbourne 3003
information securely and carefully. We will comply with all applicable Australian privacy laws
and make our staff aware of their obligations.
Why we collect information
We may collect information to deliver products or services to you, to complete other
transactions with you or on your behalf, to provide you with any applicable discounts and/or to
better understand your requirements and preferences.
This information enables us to personalise and improve our service and in particular to
provide offers and product ranges that are of greater interest or benefit to you.
How we collect this information
When you place an order and/or register your details with us, we store that information for
future reference. This saves you time when you shop with us again, as you don't have to reenter
your details.
What we collect
The personal information we collect is in most cases supplied by you when you register your
details, place an order or provide feedback to us.
Generally, the information we collect includes your name, address, delivery address, phone
number and e-mail address. We will sometimes obtain other details, essential in helping us to
better service your needs.
Who we may share your information with
We will often need to pass personal details such as your name and address to companies
who perform parts of our service delivery. This includes organisations such as major delivery
companies, outsourced call centres, mail houses, third party fulfilment contractors, financial
institutions and web-hosting organisations.
From time to time we may also pass personal information to business partners such as our
advertising agencies and research firms. Disclosures of this nature will always be protected
by confidentiality agreements.
In special circumstances - for example, if we sell our business or a substantial part of our
business - your information may be transferred as part of that sale.
We will not use your information for purposes unrelated to the services we provide, unless we
first obtain your consent.
From time to time, we may provide aggregated and "de-identified" information to other
business partners for various purposes.
We may also pass on personal information to a 3rd party cheque clearance house for account
payments or to mercantile agents for account settlement. There may also be the need to
share information for the purpose of fraud investigation for example, Banks and recognised
authorities.
Access
If you would like to access your personal information, please e-mail your request to
business@theadcompany.com.au.
t 9329 7171 f 9329 7795
business@theadcompany.com.au www.theadcompany.com.au
388 spencer street west melbourne 3003
Security
We will take all reasonable steps to store your personal information securely. In particular, we
want you to feel confident in dealing with us on the Internet. For many of our customers, we
realise this is an unfamiliar way of buying products and services.
Only specific employees or sub-contractors in our customer service, marketing, store,
warehouse systems and IT areas have access to our customers' personal information, and
only under strict controls and procedures.
Our e-commerce sites use a process called Secure Sockets Layer (SSL) technology. We use
industry standard 128 bit encryption.
SSL locks all critical information passed from you to us, such as payment information, in an
encrypted envelope, making it extremely difficult for this information to be intercepted.
Credit Card details are not permanently stored. We use 1024 bit encryption for temporary
storage. The card number is stored until the order process has been finalised, after which
time it is deleted from our system. Consequently, your credit card number must be entered by
you each time you select online credit card payment for each new order.
About cookies and how they work
When you interact with us on the internet, our system will automatically send you a "cookie".
A cookie is a small amount of information sent from a web server to your computer, enabling
your computer to be recognised upon future visits so that (for example) you can see what
pages you have visited and take less steps to arrive at your destination.
The Ad Company creates a cookie that contains your id and password and is sent to your
computer. This information is not currently used, referenced or shared with any other
company.
Other Sites
The Ad Company is not responsible for the privacy practices of sites that are linked to this site
via hyperlinks, banner advertising or otherwise. Please take care at all times to check whose
site you are visiting.
Direct marketing
If you do not wish to receive direct marketing offers from The Ad Company, please send an
email to business@theadcompany.com.au.
The Ad Company Pty Ltd Privacy Policies and Practices
From time to time and in line with customer expectations and legislative changes, our privacy
policies and procedures will be reviewed and, if appropriate, updated.
13. TERMINATION
The Ad Company may terminate or suspend this Agreement at any time by delivering notice
(as specified in clause 14) or by sending you a system message advising that your shopping
privileges have been removed. If this occurs, please contact
business@theadcompany.com.au.
t 9329 7171 f 9329 7795
business@theadcompany.com.au www.theadcompany.com.au
388 spencer street west melbourne 3003
Termination of this Agreement shall be effective the day notice is received or such later date
as specified in the notice.
14. NOTICES
The Ad Company may give notice to you by electronic mail, conventional mail to your address
contained in the membership registration information or notice posting on the
www.theadcompany.com.au website. You may give notice to The Ad Company by electronic
mail to business@theadcompany.com.au.
15. PROVISIONS ARE SEVERABLE
All provisions of this Agreement (including these Conditions) are severable. Severance does
not affect any other provisions.
16. VICTORIAN LAW APPLIES
The laws of Melbourne, Victoria, Australia govern this Agreement.