Terms and Conditions

PLEASE READ THESE TERMS OF USE CAREFULLY BEFORE USING THE WEBSITE WWW.NOPONG.COM. YOUR USE OF THIS WEBSITE CONFIRMS YOUR UNCONDITIONAL ACCEPTANCE OF THE FOLLOWING TERMS OF USE OF NO PONG IF YOU DO NOT ACCEPT THESE TERMS AND CONDITIONS, DO NOT USE THE WEBSITE.

Who we are:

We are No Pong Natural Products Pty Ltd, trading as No Pong, ABN 29 616 222 354

 

Payment:

Our secure credit card processor, Stripe, may place an “authorisation” transaction on your credit card.  They do this to check the validity of a credit card, as a fraud protection measure.  Stripe first try a $0 authorisation, but if that fails they then try to authorise $1.

The full details of this are below.
https://support.stripe.com/questions/why-does-my-customer-see-an-extra-1-00-charge-on-their-statement

Note:  This is an “authorisation” not a “charge”, and it will automatically drop off your statement at your banks discretion, usually a few days to a week.

 

Shipping Policy:

At No Pong we’re committed to keeping shipping costs as low as possible for our wonderful customers.  We aim to get your order on its way to you the next business day after your order or sooner, but we do rely on Australia Post to deliver to your door.

All due care will be taken to ensure your parcel is packed and sent safely from our warehouse, however we cannot be held liable for any damages or missing in transit parcels.  If you have any questions, we encourage you to contact us here.

Remember to be courteous and use respect — we’re people too 🙂

By purchasing from this site, you accept the quotation for shipping and these terms and conditions.  For more information, please visit out Shipping Policy page.

 

Refund/Cancellation Policy:

If you are dissatisfied with the Product for any reason, No Pong will refund the amount paid for the Product at the time the product is returned by you (at your cost) and received by us, but excluding Shipping and Handling charges.  Refund requests must be made directly to No Pong at [email protected]. All refund requests must be made within thirty (30) days of the date of shipment by No Pong.  No Pong is not liable for products that are damaged or lost in transit to No Pong.

Promptly following No Pong’s receipt of your request for a refund (typically within five (5) business days), No Pong will credit the amount paid for the returned product (less any shipping and handling costs/fees related to the original purchase, which are non-refundable) to the credit card or PayPal you used to make the original purchase. Notwithstanding the foregoing, No Pong does not control when a specific credit card company processes a chargeback transaction. You are responsible for contacting your credit card company if you have questions about the status of the chargeback.

No Pong will not provide a refund for a request that is received by No Pong more than thirty (30) days after the date of original shipment as subject to Australian Consumer Law.  No Pong also does not provide a refund for returned products that are damaged due to misuse, lack of care, mishandling, accident, abuse or other abnormal use at any time after the risk passes to the purchaser.

 

Cancelling Your Monthly Subscription

You may cancel your No Pong subscription at any time.  It is our policy that all customers manage their own account with respect to cancellation and modification of their account details, via their account page at https://www.nopong.com/my-account/

We would only intervene in the process of modifying a customer’s account information or status if there was a technical issue preventing them from accessing the page, in which case we’d be delighted to help.

Cancelling, and resubscribing is easy.  Just log-in to your account and go to “My Account”, then update the details of your orders there.

 

Responsibility for Customs and Import Duties and Clearance Fees

For orders placed outside of Australia, please note that you are responsible for any customs and import duties and clearance fees (where applicable) in your own country and to check the duties and clearance fees with your local authorities.

 

Products, Content and Specifications

All features, content, specifications, products and prices of products and services described or depicted on the Website are subject to change at any time without notice, and these changes will only apply after the date of the change.  We make all reasonable efforts to accurately display the attributes of our products. The inclusion of any products or services in the Website at a particular time does not imply or warrant that these products or services will be available at any time. It is your responsibility to ascertain and obey all applicable local, state, federal and international laws (including minimum age requirements) in regard to the possession, use and sale of any item purchased from the Website.

 

Promotions, Offers and Sale

We may from time to time offer promotional offers on purchases made through the Website. All offers and promotions are at No Pong’s sole discretion and are subject to variation or withdrawal without notice. Changes to offers will only apply after the date of the change.  Offers or promotions cannot be applied to previously ordered items.  Offers with a spend threshold always exclude delivery charges. All sale items are subject to availability at time of order.

 

Shipping Limitations

When an order is placed, it will be shipped to an address designated by the purchaser as long as that shipping address is compliant with the shipping restrictions contained on the Website. All purchases from the Website are made pursuant to a shipment contract. As a result, risk of loss and title for items purchased from the Website pass to you upon delivery of the items to the carrier. You are responsible for filing any claims with carriers for damaged and/or lost shipments.

 

Accuracy of Information

No Pong and its affiliated companies attempt to ensure that information on the Website is complete, accurate and current. Despite our efforts, the information on the Website may occasionally be inaccurate, incomplete or out of date. We make no representation as to the completeness, accuracy or recentness of any information on the Website.  In addition, we may make changes in information about price and availability without notice.  While it is our practice to confirm orders by e-mail, the receipt of an e-mail order confirmation does not constitute our acceptance of an order or our confirmation of an offer to sell a product or service. We reserve the right, without prior notice, to limit the order quantity on any product or service and/or to refuse service to any customer. We also may require verification of information prior to the acceptance and/or shipment of any order.

 

Rights in Materials

The Website design and all text, graphics, information, content, and other material displayed on or that can be downloaded from this Website (the Materials) are either the property of, or used with permission by, No Pong and are protected by copyright, trademark and other laws and may not be used except as permitted in these Terms of Use or with the prior written permission of the owner of such material. You may not modify the information or materials located on this Website in any way or reproduce or publicly display, perform, or distribute or otherwise use any such materials for any public or commercial purpose. Nothing contained on the Website grants or should be construed as granting, by implication, estoppel, or otherwise, any license or right to use any of the Materials. Any unauthorized use of any such information or materials may violate copyright laws, trademark laws, laws of privacy and publicity, and other laws and regulations.

 

Trademarks

Except as otherwise expressly stated on the Website, all trademarks, trade names, trade dress, service marks and logos used or displayed on this Website are registered and unregistered trademarks, trade names, trade dress, service marks and logos (Intellectual Property) of No Pong, and No Pong is a licensed user of all Intellectual Property. Nothing contained on this Website grants or should be construed as granting, by implication, estoppel, or otherwise, any license or right to use any Intellectual Property without the written permission of the owner.

 

Third Party Links

From time to time, this Website may contain links to websites that are not owned, operated or controlled by No Pong or its affiliates. All such links are provided solely as a convenience to you. If you use these links, you will leave this Website. Neither No Pong nor any of its affiliates are responsible for any content, materials or other information located on or accessible from any other website. Neither No Pong nor any of its affiliates endorse, guarantee, or make any representations or warranties regarding any other website, or any content, materials or other information located or accessible from such websites, or the results that you may obtain from using such websites. If you decide to access any other website linked to or from this Website, you do so entirely at your own risk.

 

Inappropriate Material

You are prohibited from posting or transmitting any unlawful, threatening, defamatory, libellous, obscene, pornographic or profane material, or any virus, worm, time bomb, Trojan horse, automated device, spider, crawler, bot or routine that can collect unauthorised information or interfere with or disrupt the operations of the Website, or any material that could constitute or encourage conduct that would be considered a criminal offence or give rise to civil liability, or otherwise violate any law. In addition to any remedies that No Pong or its affiliates may have at law or in equity, if No Pong or its affiliates reasonably determine that you have violated or are likely to violate the foregoing prohibitions, No Pong may take any action it reasonably deems necessary to cure or prevent the violation, including without limitation, the immediate removal from this Website of the related materials. No Pong, its affiliates or its service providers will fully cooperate with any law enforcement authorities or court order or subpoena requesting or directing No Pong, its affiliates or its service providers to disclose the identity of anyone posting such materials.

 

User Information

Other than personally identifiable information, which is subject to the terms of the Website’s Privacy Policy, any material, information, suggestions, ideas, concepts, know-how, techniques, questions, comments or other communication you transmit or post to this Website in any manner (User Communications) is and will be considered non-confidential and non-proprietary. No Pong, its affiliates and/or their designees may use any or all User Communications for any purpose whatsoever, including, without limitation, reproduction, transmission, disclosure, publication, broadcast, development, manufacturing and/or marketing in any manner whatsoever for any or all commercial or non-commercial purposes. No Pong may, but is not obligated to, monitor or review any User Communications. No Pong shall have no obligations to use, return, review, or respond to any User Communications. No Pong will have no liability related to the content of any such User Communications, whether or not arising under the laws of copyright, libel, privacy, obscenity, or otherwise. No Pong retains the right to remove any or all User Communications that includes any material No Pong deems inappropriate or unacceptable.

 

Disclaimer

YOUR USE OF THIS WEBSITE IS AT YOUR RISK.  THE MATERIALS AND SERVICES PROVIDED IN CONNECTION WITH THIS WEB SITE ARE PROVIDED, AS IS, WITHOUT ANY WARRANTIES OF ANY KIND INCLUDING WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT OF INTELLECTUAL PROPERTY. NEITHER NO PONG NOR ANY OF ITS AFFILIATES WARRANT THE ACCURACY OR COMPLETENESS OF THE MATERIALS OR SERVICES ON OR THROUGH THIS WEBSITE. THE MATERIALS AND SERVICES ON OR THROUGH THIS WEBSITE MAY BE OUT OF DATE, AND NEITHER No Pong NOR ANY OF ITS AFFILIATES MAKE ANY COMMITMENT OR ASSUMES ANY DUTY TO UPDATE SUCH MATERIALS OR SERVICES. THE FOREGOING EXCLUSIONS OF IMPLIED WARRANTIES DO NOT APPLY TO THE EXTENT PROHIBITED BY LAW. PLEASE REFER TO YOUR LOCAL LAWS FOR ANY SUCH PROHIBITIONS.

 

Limitations of Liability

No Pong, its affiliates and their service providers do not assume any responsibility, and shall not be liable for, any damages to, or viruses that may infect, your computer, telecommunication equipment, or other property caused by or arising from your access to, use of, or browsing this Website or your downloading of any materials, from this Website. IN NO EVENT WILL No Pong, ITS AFFILIATES OR THEIR SERVICE PROVIDERS, OR THEIR RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES, SHAREHOLDERS, AFFILIATES, AGENTS, SUCCESSORS, ASSIGNS, RETAIL PARTNERS NOR ANY PARTY INVOLVED IN THE CREATION, PRODUCTION OR TRANSMISSION OF THIS WEBSITE BE LIABLE TO ANY PARTY FOR ANY INDIRECT, SPECIAL, PUNITIVE, INCIDENTAL OR CONSEQUENTIAL DAMAGES (INCLUDING, WITHOUT LIMITATION, THOSE RESULTING FROM LOST PROFITS, LOST DATA OR BUSINESS INTERRUPTION) ARISING OUT OF THE USE, INABILITY TO USE, OR THE RESULTS OF USE OF THIS WEBSITE, ANY WEBSITES LINKED TO THIS WEBSITE, OR THE MATERIALS, INFORMATION OR SERVICES CONTAINED AT ANY OR ALL SUCH WEBSITES, WHETHER BASED ON WARRANTY, CONTRACT, TORT OR ANY OTHER LEGAL THEORY AND WHETHER OR NOT ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THE FOREGOING LIMITATIONS OF LIABILITY DO NOT APPLY TO THE EXTENT PROHIBITED BY LAW. PLEASE REFER TO YOUR LOCAL LAWS FOR ANY SUCH PROHIBITIONS.

IN THE EVENT OF ANY PROBLEM WITH THIS WEBSITE OR ANY CONTENT, YOU AGREE THAT YOUR SOLE REMEDY IS TO CEASE USING THIS WEBSITE.

 

Indemnification

You agree to indemnify and hold harmless No Pong, its affiliates and their service providers, and their respective officers, directors, employees, shareholders, licensees, franchisees, affiliates, agents, successors, assigns, retail partners, or any other party involved in the creation, production or transmission of the Website from and against any claims, damages, judgments, expenses, fees, or costs asserted against any of them based upon your use of the Website, or the services provided in relation to the Website, any damage to your computer, telecommunication equipment or other property allegedly arising from access to, use of, or browsing the Website or your downloading of any materials, from the Website.

 

Revisions to these Terms of Use

No Pong may revise these Terms of Use at any time and from time to time by updating this posting. You should visit this page from time to time to review the then current Terms of Use because they are binding on you. Certain provisions of these Terms of Use may be superseded by expressly designated legal notices or terms located on particular pages at this Website. In the event of any conflict between these Terms of Use and any legal notices or terms located elsewhere on the Website, these Terms of Use will control.

 

Termination

You, being the user of this website or purchaser or products or services of this website, or we may suspend or terminate your account or your use of this Website at any time, for any reason or for no reason. You are personally liable for any orders that you place or charges that you incur prior to termination.  We reserve the right to change, suspend, or discontinue all or any aspect of this Website at any time without notice.