Terms of Service

Panmi Group-Buying Terms and Conditions

Panmi is proud to be able to bring you the most innovative and exciting consumer tech products. By participating in this Panmi Group Buy, you are committing to purchase Product, subject to the required freighting, shipping and handling times, and agree to be bound by the terms and conditions set out herein.

Effective Date:

1st of June 2021

Definitions

ACL means the Australian Consumer Law contained in Schedule 2 of the Competition and Consumer Act 2010 (Cth).

Anticipated Delivery Date means the expected date of delivery set out in the respective Group Buy Project Page.

Change-of-Mind Money Back Guarantee (“CMMBG”) is a refund warranty provided by Panmi, subject to the provisions under clause 8.

Group Buy Agreement means a binding contractual relationship between you and Panmi pursuant to a Group Buy Project.

Group Buy Project Closing Date means the date on which the Group Buy Project lapses, set out under the respective Group Buy Project.

Group Buy Project means a pre-order service offered by Panmi to consumers to place a minimum order of the Product at the Group Buy Rate set out under the Group Buy Project Page.

Group Buy Project Page means the website from which the Group Buy Project is offered to consumers.

Group Buy Rate means the rate set out under the respective Group Buy Project Page.

Panmi means Panmi Pty Ltd (ACN 623 111 820) a company incorporated in Australia.

Participant means a person who complies with the conditions set out under clause 1.2 and has made payment towards the respective Group Buy Project pursuant to clause 5.

Product means the item/s set out under the respective Group Buy Project Page.

1. Panmi Group Buy

1.1. The Terms and Conditions of this Group Buy Agreement covers the rights and obligations of the parties in relation to the Group Buy Project.

1.2. As a condition of participating in a Group Buy Project, you agree and warrant that:

(a) You are at least 18 years of age;

(b) You are able to create or enter in legally binding obligations;

(c) You have created a free membership account with Panmi pursuant to clauses 3.1 & 3.2;

(d) You have provided us with accurate and up-to-date information required for us to complete our obligations to fulfil any Group Buy Project order and will continue to update us on any changes to information provided;

(e) You understand that it is your responsibility to ensure that your use of our sites and any Products will be for lawful uses, and that Panmi is not liable to inform nor educate you on any questions of legality, which may vary between different States and Territories;

(f) You have voluntarily entered into legally binding contract upon accepting our Terms and Conditions for providing our Group Buying Services and making payment, and acknowledge that transactions of this nature inherently carry some level of risk which is beyond Panmi’s ability to mitigate.

1.3. By clicking the “Buy Now” button on the Group Buy Project Page, you are submitting and offer to Panmi to participate in the Group Buy Project. Your offer is not complete until you make payment pursuant to clause 5.1 & 5.1.

1.4. Panmi reserves the right to reject any offer at any time, and may cancel any contract if we reasonably believe you are engaged in any fraud or unlawful conduct in connection with a Group Buy Project.

1.5. Minimum Participation Requirement

1.5.1. In order to facilitate a Group Buy Project, Panmi may require a minimum number of Participants in order to proceed with the Group Buy Project.

1.5.2. Participants must comply with all required terms and conditions set out herein and before the Group Buy Project Closing Date.

1.5.3. If the required minimum number of Participants is not achieved by the Group Buy Project Closing Date, Panmi will not usually proceed with the Group Buy Project.

1.5.4. Pursuant to clause 1.5.3, Panmi will contact Participants in writing to notify of their right to obtain a refund or store credit from Panmi’s e-commerce site on www.panmi.com.au in compliance with clause 7.1.

1.5.5. If Panmi decides to proceed with a Group Buy Project, notwithstanding clause 1.5.3, Panmi will provide written notice to all Participants of its decision to alter the minimum number of required participants and proceed with the Group Buy Project.

1.5.6. Participants will not be required to make any further payment towards the Group Buy Project if Panmi proceeds with a Group Buy Project pursuant to clause 1.5.5.

1.6. Due to the nature of the Group Buy Project arrangement, it is not always possible for Panmi to obtain a demo model of the product, and as such Panmi makes no warranties or promises as to the suitability for your personal needs, specifications or other details of the offered Product and any statement, descriptions, or representations about the Product provided by Panmi on the Group Buy Project Page is general in nature only and may have been directly sourced from the manufacturer or other sources which Panmi believes is reliable.

2. Group Buy Rate

2.1. By partaking in the Group Buy Project, you are entitled to purchase the Product at the Group Buy Rate not otherwise available to individual consumers.

2.2. The Group Buy Rate is provided with reference only to the Recommended Retail Value of the Product.

2.3. This Group Buy Rate may be applicable in conjunction with other offers from Panmi, including but not limited to credit and rewards under Panmi’s Reward Points system.

2.4. Limitations (If any):

2.4.1. In some Group Buy Projects the Group Buy Rate may be available for a limited period of time or for a set number of individuals on a first-in-first-served basis, or the Group Buy Rate may be separated into different tiers on a first-in-first-served basis.

2.4.2. If there is any limit applicable to a Group Buy Rate, this information will be clearly visible on the Group Buy Project Page.

3. Exclusive Member Access

3.1. Group-Buy Projects participation is only available to members who sign up with Panmi.

3.2. Memberships are free to join and will never incur a fee to you.

3.3. Panmi places the highest value and priority on the protection of information you entrust with us, and any information that may be considered ‘personal information’ under the Privacy Act 1998 (Cth) is protected by Panmi (please refer to Panmi’s full Privacy Policy).

4. Your Details

4.1. To complete our obligations, such as delivery of your order pursuant to a Group Buy Project, we require you to provide us with accurate and up-to-date personal details, which include but are not limited to:

(a) your name;

(b) your contact email;

(c) your age range;

(d) your telephone/mobile number/s;

(e) your shipping address.

4.2. If there are any changes or corrections to the details you have provided us, you must provide us with the new information so we can update our records.

4.3. You indemnify and hold Panmi harmless for any loss or damage suffered by you in the event that Panmi has taken all reasonable measures to comply with its obligations by relying on information you have provided, and that information is found to be false, inaccurate, incomplete, or otherwise an incorrect recording of your details and this clause shall survive termination of the Group Buy Agreement.

5. Payment

5.1. You must make payment as directed on the Group Buy Project Page, and subject to the provisions set out herein.

5.2. Payment towards and Group Buy Project must be made in full.

5.3. Upon Panmi receiving payment for the Product, you will be allocated the number of units of the Product that you have ordered and paid for, subject to clause 7.2.1 where there are minimum participation requirements.

5.4. Panmi will accept payment methods set out in the Group Buy Project page; please note that some payment methods will take you to a third party website page.

6. Shipping and Fulfilment of Order

6.1. You acknowledge that Panmi may not hold stock of the Product and that delivery of the Product is subject to varying shipping timeframes, due to the nature of this transaction and shall not dispute or make claim for compensation on the grounds of reasonable delay in shipment and fulfilment of your order based on the circumstances.

6.2. Panmi does not warrant or guarantee that the Product will be delivered to you by the Anticipated Delivery Date, despite Panmi’s best endeavours, due to the various factors during the delivery process beyond Panmi’s control.

6.3. If delivery of the Product cannot be effected by any reason where fault is not attributable to Panmi including instances of force majeure, such as:

(a) acts of God;

(b) natural disasters;

(c) government action or interference;

(d) labour shortages;

(e) national emergencies; acts of war;

(f) and pandemic or epidemics.

Panmi may at its sole discretion notify you of the situation and elect to provide either a refund or store credit to you.

7. Refunds

7.1. Refunds Generally

7.1.1. In the event that a Group Buy Project does not attain the minimum number of required participants subject to clause 1.5.1, or the Product of a successful Group Buy Project is determined to be undeliverable due to loss of or damage to a shipment that is due to any fault attributable to Panmi, then Panmi will notify you of the cause of the loss or damage, and offer you the choice between:

(a) a full refund of the amount you paid towards the Group Buy Project; or

(b) credit that may be used toward any products usually sold by Panmi.

8. Liability

8.1. Notwithstanding clause 7.2.1 Panmi shall not be liable for any breach of our obligations under this Agreement where we are hindered or prevented from carrying out our obligations by any cause outside our reasonable control (an “Event”).

8.2. Where there has been an Event outside our reasonable control which has affected our ability to perform our obligations under this Group Buy Agreement, our obligations will be extended for the duration of the Event and we will notify you of this as soon as reasonably possible.

8.3. Once the Event is completed we will arrange with you a new Anticipated Delivery Date for your Goods, if possible.

9. Privacy

9.1. Panmi commits to protecting any personal information you entrust with us. Please refer to the full Panmi Privacy Policy.

10. General

10.1. Severability

10.1.1. Nothing within these Terms and Conditions shall be construed as an attempt to mislead or deceive consumers or otherwise contravene the provisions of the ACL.

10.1.2. If any Court of Tribunal of competent jurisdiction determines that any clause is unenforceable or illegal, that clause is severed to the extent of the unenforceability or illegality and the remaining terms shall not be affected to the maximum extent possible.

10.2. Jurisdiction

10.2.1. These terms and conditions are governed by the laws of New South Wales and each party irrevocably submits to the non-exclusive jurisdiction of the Courts of New South Wales.

10.3. Updates to Terms and Conditions

10.3.1. We may update these Terms and Conditions from time to time without notice to you, and we strongly recommend you to review these Terms and Conditions on a regular basis to ensure you understand how any amendments may impact you.

10.3.2. Any amendments to these Terms and Conditions will be effective from the date of the update, which will be reflected as the “Effective Date”.

10.4. Entire Agreement

10.4.1. You acknowledge that this Group Buy Agreement represents the entire agreement between the parties, and that you do not rely on any other representation under this Group Buy Agreement.

10.5. No Waiver

10.5.1. No waiver by us of any breach of yours under these Terms of Sale shall operate or be construed as a waiver by us of any future breaches, whether of a like or different character. No delay by us in taking action in the event of your breach shall in any way release, discharge or otherwise affect your liability under these Terms and Conditions.

10.6. Notices

10.6.1. Unless otherwise stated within these Terms of Sale, notices to be given to either party shall be in writing and shall be delivered by hand, electronic mail (other than, if you are sending a notice to us for the purpose of legal process) or by pre-paid post, to you at the address you supplied to us or to us at our registered office.

Schedule A

Products Included in Change-of-Mind Money Back Guarantee

Panmi Online Forum Terms and Conditions

Panmi provides this online forum ("Panmi Online Forum") to facilitate online community engagement on all things tech. This online forum space is intended to allow users to maximise their experiences with their purchases from the Panmi store, as well as for the public to learn more about our products. Use of the Panmi Online Forum is subject to Terms and Conditions, as well as the Panmi Online Forum Community Guidelines.

Effective Date: 1st of June 2021

1. Online Forum Services

1.1. Panmi, at its sole discretion, may provide " Online Forum Services" on our site including chatrooms, bulletin boards,discussion forums, and social media platforms, which are designed to be interactive to allow for community engagement.

1.2. By using our Online Forum Services, you agree to abide by these Terms and Conditions, as well as any Panmi Online Forum Community Guidelines ("Community Guidelines"), as updated from time to time.

1.3. We reserve the right to withdraw or amend any of the Online Forum Services without notice. We will not be liable to you if our Online Forum Services are unavailable at any time or for any period.

1.4. Panmi provides these Online Forum Services for individuals who register an account pursuant to clause 2 ("Registered Users") to express their personal thoughts and opinions in respect of

2. Registered Users

2.1. You need to register for an account in order to do the following in the Online Forum Services:

(a) Post comments, questions, or answers in any forum group or page;

(b) Upload images, video, or any other digital content; 

(c) Otherwise use our Online Forum Services

(together referred to as "Forum Activities").

2.2. Registration is free and will never incur a fee to you and you are not obligated to register an account; however if you choose not to register an account, you will not be able to perform any Forum Activities under clause 2.1.

2.3. Certain sections of our Online Forum Services are exclusive to Registered Users and will not be otherwise accessible by the general public.

2.4. If there are any changes or corrections to the details you have provided us, you must provide us with the new information so we can update our records.

2.5. You indemnify and hold Panmi harmless for any loss or damage suffered by you in the event that Panmi has taken all reasonable measures to comply with its obligations by relying on information you have provided, and that information is found to be false, inaccurate, incomplete, or otherwise an incorrect recording of your details.

3. Standards of Online Behaviour

3.1. Use of the Online Forum Services is subject to the standards of online behaviour set out under clauses 3.2.1 and 3.2.2, which are necessary for ensuring that we are able to foster and facilitate safe and engaging online communities.

3.2. You agree that your Forum Activities must strictly comply with the following standards:

3.2.1. Forum activities must:

(a) Be accurate, where facts are purported;

(b) Be genuinely held, where opinions are provided;

(c) Comply with applicable law in Australia and any country from which they are posted.

3.2.2. Forum Activities must not:

(a) Be defamatory against any person, or contain untrue claims against that person;

(b) Contain any material that may reasonably be deemed obscene, offensive, hateful or inflammatory;

(c) Contain any sexually explicit or pornographic material;

(d) Discriminate against any person or group whether by race, sex, religion, nationality, disability, sexual orientation or age;

(e) Be deceptive or misleading;

(f) Breach any legal obligations owed to a third party, duty to maintain confidentiality or contractual obligations;

(g) Incite, advocate, promote, or encourage violence or any illegal activity;

(h) Infringe upon the privacy of another individual or harass, embarrass, or cause undue alarm to that individual;

(i) Impersonate an individual or misrepresent your identity or affiliation with any person;

(j) Infringe upon the intellectual property rights of Panmi or any third party.

(k) Purport to represent the position or opinions of Panmi.

3.3. You must respect the privacy of other Registered Users and may not use our Online Forum Services for 'data scraping' (also referred to as 'web scraping'), for any mass mailing, advertising, commercial, surveillance, or political purposes.

3.3.1. For avoidance of doubt, data scraping may include, but not limited to, any of the following acts:

(a) Compiling a collection of screenshots of Online Forum Services;

(b) Compiling spreadsheets and databases of details (such as personal and sensitive information) and contact information of Registered Users;

(c) Creating and compiling shadow profiles of individuals using information from Registered Users.

4. Cybercrime and Other Offences

4.1. Hacking, phishing, infection via virus or other malware, denial-of-service attacks, and other cybercrime linked activities are criminal offences under the Criminal Code Act 1995 (Cth), the Crimes Act 1900 (NSW), and you must not engage in any criminal activities in contravention of these laws, or any other applicable criminal codes in relevant jurisdictions.

4.2. You must not misuse our Online Forum Service by:

4.2.1. introducing any malware into our system (including but not limited to viruses, trojans, worms, logic bombs, ransomware, exploitationware or any other malicious code or tool), nor attempt to gain unauthorised access to our site, the server on which our Online Forum Services are stored, or any server, computer, or database connected to our Online Forum Services;

4.2.2. knowingly post any hyperlink to any website or destination that may compromise the cybersecurity of other Registered Users.

4.3. Where we become aware of or reasonably suspect any cybercriminal or unlawful activities committed by you, we will collect all evidence available to us and report the unlawful activity to relevant law enforcement authorities, as well as any other applicable actions pursuant to clause 6.2.

5. Acceptable Use Policy

5.1. Use of our Online Forum Services must be for lawful purposes only, and you may not use our sit in any manner that:

5.1.1. Breaches any State/Territory, national or international law or regulation;

5.1.2. Is fraudulent, deceptive or misleading;

5.1.3. Disseminate any malicious program, virus, code or similar technology;

5.1.4. Unreasonably procures or solicits information from others, or any similar 'spam' or 'phishing' techniques; or

5.1.5. Places any minors at risk of harm or exploitation.

5.2. You must not attempt to access without Panmi's written authority, interfere with, damage or otherwise disrupt:

5.2.1. Any part of our Online Forum Services;

5.2.2. Any equipment or network on which our Online Forum Services are stored;

5.2.3. Any software used in the provision of our site; or

5.2.4. Any equipment or network or software owned or used by any third party relating to the Online Forum Services.

6. Moderation and Appeals Process

6.1. Whilst Panmi takes all reasonable steps to enforce the expected standards of online behaviour, it encourages Registered Users to engage openly and freely express opinions and share information in a collaborative and respectful manner.

6.2. Panmi may, at its sole discretion, appoint moderators to monitor Online Forum Services, and will provide clear information to Registered Users regarding the form of moderation (such as whether the moderator is a natural person or an automated system) and how to contact the moderator/Panmi.

6.3. You agree to abide by and respect the direction and decisions made by moderators, and shall not abuse or harass moderators.

6.4. If you believe that your account or post was restricted in error, you may lodge an appeal through the following procedure:

6.4.1. Use the following link to access the Forum Help Centre and choose "Appeal Forum Suspension or Ban" from the dropdown link;

6.4.2. Complete the Appeals form with your reason for appealing the decision and remember to insert the "Infringement Reference Number".

6.4.3. You will be allowed to upload any evidence supporting your appeal;

6.4.4. Your appeal will be reviewed by a moderator;

6.4.5. You will receive a written outcome of the decision within fifteen (15) business days from the date of our receipt of your appeal.

6.5. If Panmi deems that an appeal under clause 6.4 is lodged in bad faith, or that the Registered User seeking the appeal is otherwise engaging in actions that may amount to an abuse of the appeals process, or if Panmi determines at its sole discretion the breach is extreme in severity, Panmi may dispense with the procedures set out under clauses 6.4.1-6.4.4 to make a summary decision on the matter.

6.6. Notwithstanding clauses 6.1 and 6.2, you indemnify Panmi for any breach of the Standards of Online behaviour under sections 3.2.1 and 3.2.2.

7. Consequences for Breach

7.1. Where we become aware of any conduct by a Registered User which is in breach of the standards of online behaviour under clause 3, under these Terms and Conditions generally, or the Community Guidelines we will take all action we deem appropriate at our sole discretion

7.2. Actions we may take include but are not limited to:

7.2.1. Issue a warning to a Registered User we deem to be in breach of the Terms and Conditions and Community Guidelines;

7.2.2. Temporarily or permanently withdraw your right to use our Online Forum Services;

7.2.3. Temporarily or permanently remove any posts, content, or material uploaded by you to our Online Forum Services;

7.2.4. Initiate legal proceedings against you for costs on an indemnity bases (including but not limited to, reasonable administrative costs) resulting from the breach; and/or

7.2.5. Report the breach to relevant law enforcement authorities that we consider appropriate or otherwise required by law to report.

7.3. Notwithstanding any action we take under this clause 7 or that we otherwise consider reasonably necessary, we expressly exclude liability for any action we take in response to breaches of sections 3,4, or 5.

8. Reporting Your Concerns

8.1. Where you suspect any conduct by a Registered User is in breach of the standards of online behaviour set out under clauses 3.2.1 and 3.2.2, you may notify us of such breaches by sending us report using our form through the Forum Help Centre or sending us a confidential email at support@panmi.com.au using the subject line "Breach of Panmi Online Forum Rules" ; any information you submit to us is treated seriously and we will never reveal your identity should we action on your report, unless otherwise required by law.

8.2. If you feel threatened by, alarmed, or otherwise concerned about material posted by Registered Users, we encourage you to contact us promptly so we can assist you.

8.3. Where possible, you should provide us with any relevant details of the offending Registered User, and available evidence (such as screenshots, weblinks etc) to assist us in processing and actioning on your report.

9. Intellectual Property Rights

9.1. Panmi owns all intellectual property rights contained in our Online Forum Services and the material published in these Online Forum Services or licenced for use, and reserve all rights.

Copyright

9.1.1. All material in the Online Forum Services, including but not limited to, images or graphics, audio or video files, are the property of Panmi or used under licence, and protected under copyright laws unless otherwise indicated.

9.1.2. Registered Users are responsible for obtaining all relevant licences and permissions from third party copyright owners in relation to any material uploaded onto our Online Forum Services when performing any Forum Activities.

Trade Marks

9.1.3. All trade marks, trade names, service marks and other product and service names and logos ("Marks") displayed in the Online Forum Services are the proprietary to their respective owners and protected under trade mark laws, and may include registered or unregistered Marks belonging to us or other third parties.

9.1.4. Any Trade Marks registered by Panmi are the sole property of Panmi, and you must not use any of our trade marks without written licence from us.

9.1.5. If you use any of our Marks in reference of our Online Forum Services or in general, you must properly attribute the Mark to us, and may not pass off any or our Marks as your own, misrepresent any affiliation or relationship with us, or disparage Panmi.

9.2. User Generated Content Licence

9.2.1. Registered Users grants Panmi a non-exclusive, royalty-free, transferable, irrevocable, sublicensable and worldwide right and licence to use (including to copy, modify, create derivative works of, publicly perform or display, or distribute) licence for all material generated by the Registered User in the course of any Forum Activities ("User Generated Content"), and indemnify Panmi for any breach by the Registered User of any third party's intellectual property rights.

9.2.2. Panmi shall use all reasonable efforts to attribute and acknowledge the Registered User who created the User Generated Content, however the Registered User agrees to disclaim all claims against Panmi any failure to do so.

9.2.2. Panmi shall use all reasonable efforts to attribute and acknowledge the Registered User who created the User Generated Content, however the Registered User agrees to disclaim all claims against Panmi any failure to do so.

10. Data Collection and Privacy

10.1. Panmi may collect information through cookies and other similar technologies to ensure that we provide the best experience to you, and for any other legitimate business purposes.

10.2. Panmi places the highest value and priority on the protection of information you entrust with us, and any information that may be considered 'personal information' under the Privacy Act 1998 (Cth) is protected by Panmi (please refer to Panmi's full Privacy Policy).

11. Liability

11.1. The Online Forum Services offered are designed for engagement between community members and pursuant to clause 3.2.2(j), any opinion, allegation of fact, or representation is made in the Registered Member's personal capacity, and Panmi makes no guarantees or warranty as to the accuracy of the information.

11.2. To the fullest extent permitted by law, Panmi disclaims all liability and responsibility arising from any reliance placed on any materials resulting from Forum Activities.

12. General

12.1. Severability

12.1.1. If any Court or Tribunal of competent jurisdiction determines that any clause is unenforceable or illegal, that clause is severed to the extent of the unenforceability or illegality and the remaining terms shall not be affected to the maximum extent possible.

12.2. Jurisdiction

12.2.1. These Terms and Conditions are governed by the laws of New South Wales, Australia and each party irrevocably submits to the non-exclusive jurisdiction of the Courts of New South Wales, Australia.

12.3. Updates to Terms and Conditions

12.3.1. We may update these Terms and Conditions from time to time without notice to you, and we strongly recommend that you review these Terms and Conditions on a regular basis to ensure you understand how any amendments may impact you.

12.3.2. Any amendments to these Terms and Conditions will be effective from the date of the update, which will be reflected as the "Effective Date".

12.3.3. If you have signed up to the Panmi mailing list, we will notify you by email of updates made to these Terms and Conditions and the Community Guidelines.

12.4. No Waiver

12.4.1. No waiver by us of any breach of yours under these Terms and Conditions shall operate or be construed as a waiver by us of any future breaches, whether of a like or different character. No delay by us in taking action in the event of your breach shall in any way release, discharge or otherwise affect your liability under these Terms and Conditions.

12.5. Notices

12.5.1. Unless otherwise stated within these Terms and Conditions, notices to be given to either party shall be in writing and shall be delivered by hand, electronic mail (other than, if you are sending a notice to us for the purpose of legal process) or by pre-paid post, to you at the address you supplied to us or to us at our registered office.