Terms of Use

We want your visits to Herotropolis to be safe as well as fun, for all involved, including us. So please read the following, Terms of Use, to ensure that understandings, of rights and obligations, are mutually shared. Herotropolis is a registered business (ABN: 66584210) that provides online features and additional products and services to you, when visiting or shopping at either herotropolis.com.au or herotropolisforums.com.au. Your use of our website services, and associated products and services provided, thereof, are subject to the following terms and conditions. Agreement to these terms is assumed when you choose to visit our website/s or proceed through a checkout purchase, so please read them carefully.

Copyright

All content, appearing on our site, or made available through our services is the property of Herotropolis or its content and product suppliers and manufacturers. This includes elements such as graphics, text, logos, symbols, buttons, icons and images. These rights are protected under Australian and International Trade, Copyright and Trademark Law. Content made available on herotropolis.com.au or herotropolisforums.com.au is also protected under law and illegal downloading of said content is not permitted, unless written authorization has been obtained from the rightful copyright or trademark owner/s.

Electronic communications

Use of our electronic services or the provision of your email address to us, via a form or through sending us an email constitutes consent to receive communication from us electronically; consistent with our Privacy Policy and in complete compliance with anti-spam laws and regulations. You, further, agree that all notices, newsletters, disclosures and any other communications that we send you electronically qualify as, “communications in writing,” for any legal purposes.

Restrictions of Use

No content, or information may be reproduced, duplicated, sold, resold or in any other way exploited for commercial purposes, without express written consent obtained from Herotropolis. “Hot linking”, embedding, or the use of framing techniques to enclose any proprietary information, to extract content from our site is also not permitted prior to permission being requested and granted, in writing. Neither herotropolis.com.au nor herotropolisforums.com.au may be used to transmit any materials that may be deemed in any way offensive, threatening, harmful, libellous or illegal. The use of our websites to promote any political agenda or commercial project or entity, including the use of our business or site domain names, either overtly or in meta tags, is forbidden without express permission from Herotropolis. Using Herotropolis services means that you take legal responsibility for all activities that occur under your browsing session. As minors cannot enter into legally binding contracts, such as credit card purchases or signing up for an unmonitored PayPal account, visitors under the age of 18 years are permitted to use Herotropolis services only with adult involvement. Rights to utilize the services provided by Herotropolis will be terminated if these Conditions of Use or any of our policies are breached.

User Provided Content

As stated under ‘Restrictions of Use’, all content, be it in contained in blog comments, reviews, forum posts or other, must not be in any way offensive, threatening, harmful, illegal, libellous, commercially exploitative or be in support, or criticism, of any political referents. We want everyone to enjoy the right to a pleasant time here. Given that Herotropolis is a public website, any information you choose to post to our site grants us, unless indicated otherwise, a nonexclusive, royalty-free, perpetual, and irrevocable, right to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, and display such content. An exception to this is submitted art and/or fiction, for competitions, which would be subject to agreement terms with the original artist. We are also, under these conditions, granted the right to use the name you submit in connection with such content. You warrant that you the owner of, or possess the rights to, the content that you post; that the content is not false or misleading; that content posted does not infringe on any other party’s copyright or trademark or otherwise do anyone harm and that that you will indemnify Herotropolis for all claims resulting from any action taken due to the content you supply. We reserve the right to edit or remove any content, entirely at our discretion and we take no responsibility and assume no liability for any content posted by you or any third party, whether moderated or not moderated.

Prices

Herotropolis offers products at either rates that are competitive with other online stores or at Recommended Retail Prices. Our range of products as well as their prices frequently change and we reserve the right to alter both as deemed necessary, without prior notification. Australian taxation law requires that GST is charged for purchases within Australia, when applicable, and prices quoted will only include GST when it is required of a particular purchase. It is not required of most purchases, within Australia, here at Herotropolis for a limited time only, and will never be charged for overseas purchases. Note: Overseas purchasers are solely responsible for taxes, Customs duties or fees incurred thorough the import of any shipments, purchased via Herotropolis.

Accuracy of Information

Although great lengths are taken to try to ensure the accuracy of all of the information that we place on our site, mistakes may sometimes be made in product descriptions, images and far more rarely, pricing.
Our Overcharge Guarantee: If you accidentally pay a higher price than the actual price for an item, AT THE TIME OF ORDERING (note this does not include items that are chosen to go on sale at a time following your purchase) we will do our best to get in touch with you to let you know and offer you either store credit or a refund for the variance amount.
Our Undercharge Guarantee: If it happens that due to error your purchase price turns out to be lower than an item’s actual price, as long as the variance (across the total amount of your order) is under $100AUD, we will not attempt to recoup the extra amount from you. We consider that to be our problem and not yours, so you keep the accidental discount. If the amount is in excess of $100AUD we will contact you and/or cancel the order at our discretion, only if the mistake is identified and evidence can be produced, prior to your order’s shipping date.
Should you receive a product that did not sufficiently match its description or image, AT THE TIME OR ORDER, please take advantage of our Returns Policy, within the time-frames specified, therein. Herotropolis reserves the right, at our sole discretion, to refuse service, remove or edit content, or cancel orders.

Disclaimer of Warranties

HEROTROPOLIS SERVICES AND ALL CONTENT, INFORMATION, PRODUCTS AND OTHER SERVICES OFFERED OR MADE AVAILABLE ON OUR WEBSITE/S ARE PROVIDED ON AN ‘AS IS’ BASIS AND WE EXCLUDE, TO THE MAXIMUM EXTENT PERMITTED BY LAW, ANY LIABILITY WHICH MAY ARISE AS A RESULT OF THE USE OF OUR SERVICES OR WEBSITE/S OR THE INFORMATION, PRODUCTS AND MATERIALS UPON IT. BY CHOOSING TO USE OUR SERVICES AND VISIT OUR SITE/S YOU EXPRESSLY AGREE THAT YOUR USE OF OUR SERVICES AND/OR SITE/S ARE SOLELY AT YOUR OWN RISK AND UNDERSTAND THAT, EXCEPT WHERE SUBJECT TO SUPERSEDING APPLICABLE LAW, HEROTROPOLIS DOES NOT WARRANT THAT THE CONTENT, INFORMATION, PRODUCTS AND OTHER SERVICES OFFERED OR MADE AVAILABLE ON OUR WEBSITE/S OR THROUGH OUR SERVICES, TRANSMITTED VIA ELECTRONIC SERVICES ARE FREE FROM VIRUSES OR OTHER HARMFUL ELEMENTS. HEROTROPOLIS NOR ANY OF ITS RELATED ENTITIES OR AFFILIATES, SHALL, IN NO CIRCUMSTANCE, INCLUDING BUT NOT LIMITED TO NEGLIGENCE, BE LIABLE FOR ANY DIRECT, INDIRECT, PUNITIVE, SPECIAL, CONSEQUENTIAL, OR INCIDENTAL DAMAGES (INCLUDING, BUT NOT LIMITED TO, DAMAGES FOR LOSS OF BUSINESS REVENUE OR INFORMATION RESULTING FROM OR IN CONNECTION WITH THE USE OF OUR SITE/S, THE INABILITY TO USE OUR SITE/S, OR ANY ERRORS OR OMISSIONS IN THE CONTENT OR THE FUNCTIONS OF OUR SITE/S. THESE LIMITATIONS TO LIABILITY APPLY EVEN IN THE EVENT THAT HEROTROPOLIS HAS BEEN MADE AWARE OF SUCH POTENTIAL LOSSES. WHERE LIABILITY IN ANY INSTANCE CANNOT BE EXCLUDED, THE LIMITATIONS THAT ARE UNAFFECTED WILL REMAIN BINDING, AND ANY LIABILITY INCURRED BY HEROTROPOLIS IN RELATION TO THE USE OF OUR SERVICES OR WEBSITE/S REMAINS LIMITED UNDER THE TRADE PRACTICES ACT 1974 (s68A).

Legal Compliance

By using our services and/or website/s you agree that all applicable local, state, national and international laws which apply to our interactions, trade, and transactions with you will be adhered to and will ultimately govern these Terms of Use and any dispute that might arise between you and Herotropolis.

Modification of Policies

We reserve the right to alter aspects of our site, its policies and these Terms of Use at any time. Any condition that becomes invalid or unenforceable shall be deemed to be severable, but this will in no way mitigate or lessen the validity of the remaining conditions as set out on our site/s. Please review our Privacy Policy, Returns and Refund Policies and our Shipping Information on a regular basis, as they govern aspects of your use of our services and website/s.

Updated: December 2013


All logos, brand identities, service marks and trademarks that appear on this site remain the exclusive property of thier respective owners and though afforded use of such 'marks' through our legitimate supply chain, we in no way claim or imply that we represent any organization whose 'marks' appear on our site.