Terms of service
OUR TERMS AND CONDITIONS OF SALE AND USE
This page (together with any documents referred to on it) sets out the terms and conditions (“Terms”) upon which you may (i) purchase products from us (whether in your capacity as a business or as a consumer) via our website and (ii) use our website: https://statusglow.co/ (the “Website,” as further defined hereunder).
Please read these Terms carefully before you submit any order to us. These Terms tell you how we will provide products to you, how you and we may change or end the contract, what to do if there is a problem, and other important information.
Status Glow reserves the right to change these Terms from time to time at its sole discretion. Nothing in this agreement is intended to have the effect of contracting out of any applicable provisions of the Australian Consumer Law.
The Website may be used only for informational and online shopping purposes. By accessing or using the Website pursuant to which we offer products for purchase (the “Goods,” as further defined hereunder) (collectively, with the Website, the “Services”), you agree to be bound by the terms and conditions contained in this Agreement and all other terms incorporated herein by reference. If you do not agree to abide by any of the terms herein, in any manner, do not use the Website, including but not limited to, uploading or downloading information or material onto the Website and/or making any purchases on the Website.
Except as written in any other user agreements, disclaimers, policies, terms of use, statements, other notices on the Website, this Agreement and our Privacy Policy are the complete agreement between you and Status Glow with respect to your use of the Website and any purchase thereon. The terms herein shall prevail over all other documents, including prospectuses and catalogues, as to terms and conditions of sale on the Website. All exceptions to these terms shall require Status Glow’s express written agreement, given no later than acceptance of the order.
We reserve the right, at our sole discretion, to change or modify portions of this Agreement at any time. If we do this, we will post the changes on this page and will indicate at the top of this page the date this Agreement was last revised. You may read a current, effective copy of this Agreement at any time by selecting the “Terms” link on the Website. We will also notify you of any material changes either through a pop-up notice, e-mail, or through other reasonable means. Your continued use of the Website after any such changes constitutes your acceptance of the new Agreement. You should periodically visit this page to review the current Agreement, so you are aware of any revisions to which you are bound. If you do not agree to abide by this or any future Agreement, do not use or access (or continue to use or access) the Website.
If you are below the age of consent under applicable law in the country in which you reside, then your parent or legal guardian must read and accept this Agreement in your name and on your behalf.
You represent and warrant that you are at least 18 years of age. If you are under age 18, you may not, under any circumstances or for any reason, use the Website. We may, in our sole discretion, refuse to offer the Services to any person or entity and change our eligibility criteria at any time.
In these Terms, the following words and expressions shall mean:
“Status Glow,” “we,” “us” or “our”
Status Glow on the ABN 82 965 983 541, which markets and sells products manufactured by third parties for profit.
“Contract”
the contract between you and Status Glow for the sale and purchase of the Goods as well as use of the Site, in accordance with these Terms and the applicable Order.
“Custom Goods”
customised LED neon sign products which are made by our third party providers pursuant to your specifications as a result of User-Generated Content you upload to the Site, send hello@statusglow.co via email, or purchase through Status Glow per your specifications selected on the Website. These are predominantly manufactured overseas by our third-party provider located in Shenzhen.
“Force Majeure Event”
any event beyond our reasonable control, which by its nature could not have been foreseen, or, if it could have been foreseen, was unavoidable, including strikes, lock-outs or other industrial disputes (whether involving its own workforce or a third party's), failure of energy sources or transport network, global pandemics, government orders of quarantine, acts of God, war, terrorism, riot, civil commotion, interference by civil or military authorities, national or international calamity, armed conflict, malicious damage, breakdown of plant or machinery, nuclear, chemical or biological contamination, sonic boom, explosions, collapse of building structures, fires, floods, storms, earthquakes, loss at sea, epidemics or similar events, natural disasters or extreme adverse weather conditions, or default of our suppliers.
“Goods”
the products (including, where relevant, Custom Goods) that you specify in the Order, which includes the power transformers and cables, and other accompanying products to allow the sign to function.
“Intellectual Property Rights”
any patents, utility models, rights to inventions, copyright and related rights, trademarks, trade names, business names and domain names, rights in get-up, rights in goodwill, and the right to sue for passing off or unfair competition, rights in designs, rights in computer software, database rights, topography rights, rights in confidential information (including know-how and trade secrets) and all other intellectual property rights, in each case whether registered or unregistered and including all applications and rights to apply for and be granted, renewals or extensions of, and rights to claim priority from, such rights and all similar or equivalent rights or forms of protection which subsist or will subsist now or in the future in any part of the world.
“Losses”
in relation to any matter, means all damages, losses, liabilities, costs (including legal costs), charges, expenses, actions, proceedings, claims, penalties, fines, and demands.
“Order”
the online order you submit to Status Glow to purchase the Goods from us.
“Price”
the price payable by you to us for the Goods as detailed in the Order or on our Website. The Price is inclusive of shipping, or carriage of the Goods as such costs are specified by us when you submit your Order unless stated otherwise but excludes any taxes which shall be specified at the end of your Order.
“User-Generated Content”
any text, graphics, images, and any other specifications that you upload to the Website when submitting an Order for Custom Goods, or send and agree to via email communications with the address hello@statusglow.co, or through social media communication (Instagram chat, Facebook chat, or others).
“Website”
the website owned and operated by Status Glow: https://statusglow.co/
“you” or “your”
the person or entity identified in the Order that purchases the Goods from us.
PART A: TERMS AND CONDITIONS OF SALE
Our Contract with you
An account will be automatically created upon submission of an Order. You agree to provide accurate and up-to-date payment information at the time you order any Goods. We have contracted with a third-party payment processor to facilitate purchases made on the Website. When you make a purchase through the Website, you will provide your payment details and any additional information required to complete your order directly to our third-party payment processor (PayPal, Amazon Pay, Shopify, AfterPay, Klarna, MasterCard, Visa, American Express, etc.). You should be aware that online payment transactions are subject to validation checks by our payment processor and your card issuer, and we are not responsible if your card issuer declines to authorize payment for any reason. Status Glow reserves the right to cancel any Order as a result of a declined payment. For your protection, our payment processor uses various fraud prevention protocols and industry-standard verification systems to reduce fraud, and you authorise it to verify and authenticate your payment information. Please note, that it is possible that your card issuer may charge you an online handling fee or processing fee. We are not responsible for this. In some jurisdictions, our payment processor may use third parties under strict confidentiality and data protection requirements for the purposes of payment processing services. Please refer to our Privacy Policy for more guidance as to the collection and storage of your data.
You place an Order with us for the Goods when you enter the required details on our checkout page and click “checkout” to place your Order.
The Contract will come into effect when we send an email to the email address you gave us in your Order confirming our acceptance of your Order, and not before we receive payment for the Goods and delivery costs. We won’t charge you for the Goods or delivery costs if your Order is not accepted.
You will own the Goods once we have received payment in full for the Goods and delivery costs.
We will assign an order number to your Order and tell you what it is when we accept your Order. It will help us if you can tell us the order number whenever you contact us about your Order.
All orders of Goods must be for your personal use only. By purchasing Goods, you hereby agree not to resell or distribute such Goods for any commercial purposes. All orders are subject to our acceptance or rejection based on Goods’ availability, noncompliance with these terms, or any other reason as determined in our sole discretion. For instance, if we have reason to believe that your Order is not for personal use, we reserve the right to reject or cancel any order that you place. We also reserve the right, in our sole discretion, to take steps to verify your identity to process your order. We will either not charge you or refund the charges for orders that we cancel or do not process.
YOU WARRANT THAT ALL GOODS WILL BE TESTED BY YOU BEFORE USE. STATUS GLOW IS NOT RESPONSIBLE FOR PRODUCTS ONCE THE TITLE HAS PASSED AT TIME OF DELIVERY. STATUS GLOW WARRANTS THAT PRIOR TO DELIVERY IT HAS TESTED EACH SIGN FOR QUALITY AND CONTROL FOR SAFE USE.
The Goods
General Goods
You acknowledge that the images of the Goods on our Website are for illustrative purposes only, and that although Status Glow tries to represent our products faithfully, we cannot guarantee that colours displayed on your device will precisely reflect the colour of the imaged product. If you would like to purchase a specific colour and are unsure of its exact specifications, please contact us before placing an Order.
We attempt to provide accurate descriptions of Goods. We do not warrant, however, that the descriptions are accurate, complete, reliable, current, or error-free. If a Good is not as described, your sole remedy is to return the item unless otherwise specified in writing by us.
We reserve the right to make changes to the Goods to reflect changes in relevant laws and regulatory requirements.
All Intellectual Property Rights in the Goods are reserved to Status Glow or its licensors.
Custom Goods
You acknowledge that Custom Goods may have restrictions placed on them. For instance, the Custom Goods fonts and width may differ to your intended design due to the manufacturing method. Please contact us if you would like to discuss any restrictions before placing an Order.
When purchasing Custom Goods, you:
grant to Status Glow a non-exclusive, irrevocable, sublicensable, royalty-free, worldwide license to use the User-Generated Content to produce the Custom Goods and use the Custom Goods in marketing materials for case studies; and
warrant to Status Glow that:
you are the sole legal and beneficial owner and own all rights and interest in the Intellectual Property Rights that subsist in the User-Generated Content;
the User-Generated Content is your own original work and has not been copied wholly or substantially from any other source;
the manufacture and supply by Status Glow or its partners, agents, or suppliers of the Custom Goods will not infringe the rights (including Intellectual Property Rights) of any third party.
You hereby agree to indemnify Status Glow for any and all Losses suffered by Status Glow arising directly or indirectly as a result of your breach of the warranties set forth in this Section.
Status Glow shall have the right to reject any Order for Custom Goods if, in Status Glow’s sole discretion, the Order breaches Status Glow’s Terms and Conditions herein.
Any reference to a Status Glow product or service on the Website does not imply that such product or service is or will be available in your country and/or state where it may be subject to different regulations and conditions of use.
Such reference does not imply any intention on our part to sell this product or service in your country and/or state, and you should always rely on product information especially created for your country and/or state.
The Website contains information about products and services that may or may not be available in any particular country or region of the world, may be available under different trademarks in different countries, and where applicable, may be approved or cleared by a government regulatory body for sale or use with different indications and restrictions in different countries.
You should not construe anything on linked sites as a promotion or solicitation for any product or for the use of any product that is not authorized by the laws and regulations of the country where you are located. You can learn all about our products on their individual product pages. If you have any other questions or thoughts, let us know by contacting us.
Price and payment
You must pay the full Price of the Goods and delivery costs at the time of the Order.
The Price is inclusive of GST and shipping. The Price does not include any additional tax or shipping costs requested by third party logistics providers or country immigration and customs departments or does not include delivery costs. This is not Status Glow’s responsibility.
We strive to provide accurate pricing information regarding the Goods available on the Website. We cannot, however, insure against pricing errors. We reserve the right, at our sole discretion, to not process or to cancel any Orders placed for a Good whose price was incorrectly posted on the Website as a result of an error. If this occurs, we will notify you by email.
The Goods are provided at the prices in effect at the time an Order is placed. Status Glow reserves the right to modify the price of the items concerned for future orders. We occasionally run promotions or provide limited time offers for our Goods. Please review the promotion or offer for eligibility and other terms and conditions.
If you are tax-exempt, you must contact Status Glow before placing an Order for the Goods. Status Glow will not be able to refund any applicable tax once an Order has been processed.
Delivery
Status Glow reserves the right to use its preferred carrier. Delivery dates are indicated as accurately as possible but are subject to variations due to availability and transportation methods.
Delivery will be deemed to have been completed once the Goods are delivered to the address you designate in your Order or as alternatively provided following communication.
The Goods ordered will be at your risk. Ownership of the Goods ordered will also pass to you upon your receipt of the Goods, provided full payment of all sums due in respect of the Goods, including any delivery charges, has been received.
You will be responsible for the Goods once they are delivered to the address you designated in the Order or the nominated delivery depot. You may incur storage costs or further delivery costs if you do not collect the Goods or arrange a re-delivery from the delivery depot. The estimated delivery time for standard delivery is 3-4 weeks from placing your Order. If you have chosen express delivery, we will aim to deliver the Goods in 7-15 days from you placing the Order; however, your Order will be fulfilled by the delivery date set out in the Order Confirmation or, if no delivery date is specified, then within 30 days after the date of the Order Confirmation, unless there are exceptional circumstances and except in the case of pre-orders.
Any dates quoted for delivery of the Goods in these Terms or an Order are approximate only, and the time of delivery is not of the essence. We will tell you if delivery is delayed by a Force Majeure Event. Late deliveries and/or events of Force do not render us accountable for the payment of damages, nor permit the cancellation in whole or in part of pending orders.
Your Rights to Return or Refund
Except for gift cards and store-specific merchandise designated as final sales, we accept Goods for returns and exchanges if requests are submitted within 14 days of receiving the order (in its entirety). Such Goods must be returned in new, unused condition and in its original packaging and/or, if damaged during delivery, in the condition received. To return or exchange your Goods, please email us at [hello@statusglow.co] with your name, address, order number, and the Goods you would like to exchange or return. After we receive your written request, we will respond with further instructions about returning the Goods to us.
Such failure to give written notice shall constitute an irrevocable acceptance of Goods and an admission that they fully comply with all the terms, conditions, and specifications in these Terms. Only Goods originally shipped from Status Glow and not designated as Final Sale may be returned to us in accordance with the conditions set forth herein. By requesting the return of Goods, you certify that the Goods were purchased from the Website and there has been no substitution of the Goods from another supplier, distributor, or other source of the Goods.
Upon receiving the returned Goods from you, we will process any refund due to you as soon as possible. You will be refunded in full to your original form of payment, including the cost of standard delivery; however, we will not refund your cost of returning the Goods to us. If you received any promotional or other discount when you paid, any refund will only reflect the amount you actually paid.
The following Goods shall be considered Final Sale:
if you are acting in a business capacity and not purchasing the Goods as a consumer for private domestic use; and
all purchases for Custom Goods.
How we may use your personal details
Please refer to our Privacy Policy for information about how we collect, use, disclose, and otherwise process information about you.
IP Infringement.
Status Glow respects the intellectual property rights of others and requires that the people who use our Website and Goods do the same. If you are a copyright owner and believe that any content posted on the Website infringes upon your copyrights, please provide our designated copyright agent the following written information in accordance with Australian Copyright Laws.
a physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed;
identification of the copyrighted work claimed to have been infringed;
identification of the material that is claimed to be infringing and information reasonably sufficient to permit location of the material;
information reasonably sufficient to permit us to contact you, such as an address, telephone number, and, if available, an email address;
a statement that you have a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law; and
a statement that the information in the notification is accurate, and under penalty of perjury, that you are authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
Please send the above information to our copyright agent at the following address:
[Your Contact Information]
[Copyright Agent's Name]
[Copyright Agent's Address]
[Copyright Agent's Email Address]
[Copyright Agent's Phone Number]
Please note that any misrepresentation of material fact (falsities) in a written notification automatically subjects the complaining party to liability for any damages, costs, and legal fees incurred by us in connection with the written notification and allegation of copyright infringement.
Termination
We reserve the right to terminate or restrict your access to the Website and the Services without notice for any or no reason whatsoever. Additionally, we reserve the right to terminate your Account and any Services provided to you through your Account, for any or no reason whatsoever.
Upon termination of your Account, your right to use the Services will immediately cease. If you wish to terminate your Account, you may do so by following the instructions on the Website or through the Services.
All provisions of these Terms that by their nature should survive termination shall survive termination, including, without limitation, ownership provisions, warranty disclaimers, indemnity, and limitations of liability.
Limitation of Liability
IN NO EVENT SHALL STATUS GLOW, ITS OWNER, T. J. REDMAN, ITS TRADING ABN,, MEMBERS, EMPLOYEES OR AGENTS BE LIABLE FOR ANY DIRECT, SPECIAL, INDIRECT OR CONSEQUENTIAL DAMAGES, OR ANY OTHER DAMAGES OF ANY KIND, INCLUDING BUT NOT LIMITED TO LOSS OF USE, LOSS OF PROFITS OR LOSS OF DATA, WHETHER IN AN ACTION IN CONTRACT, TORT (INCLUDING BUT NOT LIMITED TO NEGLIGENCE) OR OTHERWISE, ARISING OUT OF OR IN ANY WAY CONNECTED WITH THE USE OF OR INABILITY TO USE THE WEBSITE, THE SERVICES, THE CONTENT OR THE MATERIALS CONTAINED IN OR ACCESSED THROUGH THE WEBSITE, INCLUDING WITHOUT LIMITATION ANY DAMAGES CAUSED BY OR RESULTING FROM RELIANCE BY USER ON ANY INFORMATION OBTAINED FROM YELLOWPOP, OR THAT RESULT FROM MISTAKES, OMISSIONS, INTERRUPTIONS, DELETION OF FILES OR EMAIL, ERRORS, DEFECTS, VIRUSES, DELAYS IN OPERATION OR TRANSMISSION OR ANY FAILURE OF PERFORMANCE, WHETHER OR NOT RESULTING FROM ACTS OF GOD, COMMUNICATIONS FAILURE, THEFT, DESTRUCTION OR UNAUTHORISED ACCESS TO STATUS GLOW'S RECORDS, PROGRAMS OR SERVICES. IN NO EVENT SHALL THE AGGREGATE LIABILITY OF STATUS GLOW, WHETHER IN CONTRACT, WARRANTY, TORT (INCLUDING NEGLIGENCE, WHETHER ACTIVE, PASSIVE OR IMPUTED), PRODUCT LIABILITY, STRICT LIABILITY OR OTHER THEORY, ARISING OUT OF OR RELATING TO THE USE OF OR INABILITY TO USE THE WEBSITE EXCEED ANY COMPENSATION YOU PAY, IF ANY, TO STATUS GLOW FOR ACCESS TO OR USE OF THE WEBSITE. BECAUSE SOME STATES OR JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, THE ABOVE LIMITATION MAY NOT APPLY TO YOU. IF THIS LIMITATION OF LIABILITY OR THE EXCLUSION OF WARRANTY SET FORTH ABOVE IS HELD INAPPLICABLE OR UNENFORCEABLE FOR ANY REASON, THEN STATUS GLOW’S MAXIMUM LIABILITY FOR ANY TYPE OF DAMAGES SHALL BE LIMITED TO THE GREATER OF THE AMOUNT PAID BY YOU FOR THE SPECIFIC ORDER FOR GOODS OR SERVICES AT ISSUE OR AUD$100.00.
Indemnification
You agree to defend, indemnify and hold harmless Status Glow, its owner, T. J. Redman, members, employees, agents, and affiliates, from and against any and all claims, damages, obligations, losses, liabilities, costs, or debt, and expenses (including but not limited to attorney's fees) arising from: (i) your use of and access to the Website and the Services; (ii) your violation of any term of these Terms; (iii) your violation of any third-party right, including without limitation any copyright, property, or privacy right; or (iv) any claim that your User-Generated Content caused damage to a third party. This defence and indemnification obligation will survive these Terms and your use of the Website.
Governing Law
These Terms shall be governed by and construed in accordance with the laws of New South Wales, Australia. You and Status Glow agree to submit to the personal jurisdiction of the federal and state courts located in New South Wales, Australia,, with respect to any legal proceedings that may arise in connection with these Terms or the use of the Website.
Changes to the Terms
We may revise these Terms from time to time in our sole discretion. All changes are effective immediately when we post them. Your continued use of the Website following the posting of revised Terms means that you accept and agree to the changes. You are expected to check this page from time to time so you are aware of any changes, as they are binding on you.
Entire Agreement
The Terms and our Privacy Policy constitute the sole and entire agreement between you and Yellowpop with respect to the Website and supersede all prior and contemporaneous understandings, agreements, representations, and warranties, both written and oral, with respect to the Website.
Contact Information
To contact us, please email us at [hello@statusglow.co].