Terms and conditions
- This website is operated by Retail Online Systems Pty Ltd (ROS) on behalf of and for the benefit of participating franchisees of Clark Rubber Franchising Pty Ltd (‘Clark Rubber Franchises’).
- Access to and use of this website and the products and services available through this website (the ‘Services’) are subject to the following terms and conditions (‘Terms & Conditions’). By using the Services, you are agreeing to these Terms & Conditions.
- ROS reserves the right to amend these Terms & Conditions without notice to you from time to time. If ROS decides to change these Terms & Conditions it will post those changes here. ROS encourages you to visit this section of the website regularly in order to remain informed of any changes. Any such amendment will be effective once the revised terms have been posted on this website.
Terms of Sale
- All orders placed using this website and any associated payment(s) will be sent by ROS to the nearest participating Clark Rubber Franchise who will process and dispatch your order.
You may contact ROS at any time to confirm the details of the Clark Rubber Franchise to whom your order has been directed.
By placing an order you are offering to purchase a Service on and subject to the Terms and Conditions, availability and confirmation of the order price.
You consent to the processing of information as described in the https://www.clarkrubber.com.au/privacy and warrant that all data provided by you is accurate.
Prices, offers and product availability may vary between this website and any Clark Rubber Franchise.
All prices are in Australian dollars.
Where applicable, prices are inclusive of GST. Delivery costs will be charged in addition; such additional charges are clearly displayed where applicable and included in the 'Total Cost'.
To place an order using this website you must be over 18 years of age and possess a valid credit or debit card issued by a bank acceptable to ROS or a holder of a PayPal account.
ROS reserves the right to refuse any request made by you.
Upon receiving your order ROS or a third party nominated by ROS on its behalf will carry out a standard pre-authorisation check on your payment card to ensure there are sufficient funds to fulfil the transaction. Goods will not be dispatched until this pre-authorisation check has been completed. Your card will be debited once the order has been accepted.
Dispatch times may vary according to availability and any guarantees or representations made as to delivery times are subject to any delays resulting from postal delays or force majeure for which we will not be responsible. All orders including any limited free delivery offer are subject to the www.clarkrubber.com.au/delivery-and-returns terms and conditions.
The material displayed on this website is provided without any guarantees, conditions or warranties as to its accuracy.
The Service may contain typographical errors or other errors or inaccuracies and may not be complete or current. ROS therefore reserves the right to correct any errors, inaccuracies or omissions and to change or update information at any time without prior notice. ROS reserves the right to refuse to fill any orders that you may place based on information on the Service that may contain errors or inaccuracies, including, without limitation, errors, inaccuracies or out-of-date information regarding pricing, shipping, payment terms, or return policies.
Whilst ROS will try and ensure that all details, descriptions and prices which appear on this website are accurate, errors (including processing errors) may occur. If ROS discovers an error in the price or payment of any goods which you have ordered ROS will inform you of this as soon as possible and give you the option of reconfirming your order at the correct price or cancelling it. If ROS are unable to contact you ROS will treat the order as cancelled. If the order is cancelled and you have already paid for the goods, you will receive a full refund.
As ROS is not the supplier of any products, ROS will not be liable in contract, tort or equity for any loss or damage arising out of or relating to this website or any Service(s) which are supplied to you via an order placed by you using this website. If this limitation of liability is held to be unenforceable for any reason, then ROS’s maximum liability to you is limited to the purchase price paid for the Service(s).
The intellectual property rights in all content made available to you on or through this website remain the property of ROS and its related bodies corporate (as defined in the Corporations Act 2001 (Cth)) or its licensors and are protected by copyright laws and treaties around the world. All such rights are reserved by ROS and its licensors. You may store, print and display the content supplied solely for your own personal use. You are not permitted to publish, manipulate, duplicate, copy, sell, distribute or otherwise reproduce or exploit, in any format, any of the content or copies of the content supplied to you or which appears on this website nor may you use any such content in connection with any business or commercial enterprise.
You must not misuse this website. You will not: commit or encourage a criminal offence; transmit or distribute a virus, trojan, worm, logic bomb or post any other material which is malicious, technologically harmful, in breach of confidence or in any way offensive or obscene; hack into any aspect of the Service; corrupt data; cause annoyance to other users; infringe upon the rights of any other person's proprietary rights; send any unsolicited advertising or promotional material, commonly referred to as "spam"; or attempt to affect the performance or functionality of any computer facilities of or accessed through this website. ROS will not be liable for any loss or damage caused by a distributed denial-of-service attack, viruses or other technologically harmful material that may infect your computer equipment, computer programs, data or other proprietary material due to your use of this website or to your downloading of any material posted on it, or on any website linked to it.
You agree to indemnify, defend and hold harmless ROS, its directors, officers, employees, consultants, agents, and affiliates, from any and all third party claims, liability, damages and/or costs (including, but not limited to, legal fees) arising from your use of this website or your breach of these Terms & Conditions.
We operate a complaints handling procedure which we will use to try to resolve disputes when they first arise: please let our customer service team know if you have any complaints or comments by emailing us at email@example.com or calling 13 80 90.
If you breach these Terms & Conditions, failure by ROS to take action will not constitute a waiver of ROS’ rights and remedies arising from that breach and ROS reserves its entitlement to enforce its rights and remedies in relation to that breach or any other situation where you commit a breach of these Terms & Conditions. Any waiver of any provision of the Terms & Conditions will be effective only if it is in writing and executed by ROS.
Governing Law and Jurisdiction
These Terms & Conditions are to be construed in accordance with the laws of Victoria, Australia and in the event of any dispute or claim associated with these Terms & Conditions, that dispute or claim shall be subject to the exclusive jurisdiction of Victoria, Australia.
Any provision in these Terms & Conditions which is invalid or unenforceable in any jurisdiction is to be read down for the purpose of that jurisdiction, if possible, so as to be valid and enforceable, and otherwise must be severed to the extent of the invalidity or unenforceability, without affecting the remaining provisions of these Terms & Conditions or affecting the validity or enforceability of that provision in any other jurisdiction.
Gift Card Terms & Conditions.
These are the terms and conditions that apply to all Clark Rubber Gift Cards issued by Clark Rubber.
It is recommend that you read this document carefully before using the Clark Rubber Gift Card.
If you have any questions or would like more information about the Clark Rubber Gift Card, please call 13 80 90 or see in-store.
Terms and Conditions
- The following terms have the following meanings in this document:
- Clark Rubber means Clark Rubber Franchising Pty Ltd ACN 065 708 723 and its Franchisees;
- Clark Rubber Franchised Business means the business of conducting in accordance with the terms of a franchise agreement a Clark Rubber store, or a Clark Rubber mobile pool service for the retail of goods and services using the intellectual property and other rights of Clark Rubber;
- Clark Rubber Gift Card means the gift card that you have purchased or received;
- Date of Issue means the date noted on your Clark Rubber Gift Card;
- Franchisee means a third party to whom Clark Rubber has licensed and granted the right under a franchise agreement to operate a Clark Rubber Franchised Business;
- Remaining Gift Card Value means at any time, that portion of the initial value loaded onto your Clark Rubber Gift Card;
- A reference to “we” or ”us” is a reference to Clark Rubber; and
- A reference to ”you“ or “your” is a reference to the person who is in possession of the Clark Rubber Gift Card at the relevant time for the purposes of these Gift Card Terms and Conditions, or who authorises another person to do something with or to the Clark Rubber Gift Card on their behalf.
- These terms and conditions apply to each Clark Rubber Gift Card issued.
- By purchasing, activating, redeeming or attempting to redeem a Clark Rubber Gift Card, you agree to be bound by these Gift Card Terms and Conditions and all applicable laws and regulations; and not to use the Clark Rubber Gift Card in any way that is unlawful, misleading, deceptive, unfair or causes harm or damage to any other person.
- If you give the Clark Rubber Gift Card to another person, then you must ensure the person to whom you gave the Clark Rubber Gift Card is aware of these Gift Card Terms and Conditions, as well as the Remaining Gift Card Value and expiry date of the Clark Rubber Gift Card.
- The Clark Rubber Gift Card is redeemable for goods or services sold in a Clark Rubber store
- The Clark Rubber Gift Card is redeemable for purchases of $10.00 or more.
- The Clark Rubber Gift Card cannot be redeemed for purchases via the Clark Rubber Online Store.
- The Clark Rubber Gift Card is valid for use up to and including the expiry date, which is 36 months from the Date of Issue.
- It is your responsibility to redeem the full value of the Clark Rubber Gift Card before or on the expiry date.
- The Clark Rubber Gift Card is not redeemable for cash and cannot be used for the payment of credit or retailer accounts.
- The Clark Rubber Gift Card cannot be reloaded.
- The Clark Rubber Gift Card is partially redeemable. It is up to you to use the full value of the Clark Rubber Gift Card before the expiry date. Cash will not be given for any unused balance.
- Any unused Remaining Gift Card Value on expiry of the Clark Rubber Gift Card will not be refunded or credited to you.
- Treat the Clark Rubber Gift Card like cash.
- Defaced, damaged, altered, lost or stolen Clark Rubber Gift Cards will not be replaced, refunded or redeemed.
- Clark Rubber may cancel the card if you report it has been lost or stolen.
- Clark Rubber accepts no responsibility for the loss, theft or destruction of a Clark Rubber Gift Card and will not take any responsibility if, damaged, lost or stolen.
- Where the cost of a purchase exceeds the on the Remaining Gift Card Value, you will be required to make up the difference with another payment method.
- You can check a Clark Rubber Gift Card balance at any time by calling 1300 55 33 80.
- Clark Rubber reserves the right to change any of the terms contained in these Gift Card Terms and Conditions at any time where the change is reasonably required and agrees to provide you with at least 30 days’ notice of such changes. Clark Rubber will give you notice by posting the changes to https://www.clarkrubber.com.au/terms-conditions#clark-rubber-gift-card-terms-and-conditions. If you write to Clark Rubber within the notice period and do not accept the changes we may cancel your Gift Card and refund any Remaining Gift Card Value to you. Changes to these Gift Card Terms and Conditions Terms will be available on the Clark Rubber website or in a Clark Rubber store.
- Please call 1300 55 33 80 if you have any reason to believe that an error has occurred in relation to your Clark Rubber Gift Card.
- From time to time Clark Rubber (‘we’) may release vouchers via email to its customers (‘you’) that may be used instore or online.
- Your voucher will include a unique code and will expire on the date stated on the voucher email.
- Vouchers can only be redeemed in accordance with the special terms and conditions stated on the voucher from time to time.
- Some products and services may be excluded from voucher promotions.
- Vouchers cannot be redeemed for cash. If you purchase or place an order for a product(s) or service(s) of any single transaction that in total is less than the value of a voucher, no refund or residual credit will be returned to you.
- If the credit of a voucher is insufficient for pay for the purchase of product(s) or service(s) of any single transaction, you will be required to pay the difference with some other means of payment (but not by using another voucher or attempting to rely on any other offer). Please note that only one voucher can be used per transaction.
- Vouchers are applied to the total invoice in respect of a single transaction. In circumstances where multiple products and/or are purchased using a voucher, and one or more of the product(s) are returned, the discount is applied on a pro rata basis in respect of each product and/or service purchased for the purpose of establishing refund values.
- Vouchers cannot be used in conjunction with the purchase of gift cards.
- We may email vouchers to you. We accept no Liability for errors in the email address provided to us.
- We assume no Liability for the loss, theft or illegibility of vouchers. In the event of alleged, attempted, or actual fraud, deception or other illegal activities arising from or in connection with the redemption of vouchers, we reserve the right to cancel all vouchers issued to you.
- Vouchers cannot be used in conjunction with purchases made using Latitude Extended Finance.
Click here to see our Layby Agreement Notification
These are the terms and conditions that apply to the Clark Rubber Customer Order Agreement.
It is recommended that all customers proposing to enter into a Customer Order Agreement read these terms and conditions carefully before doing so. The terms in the Customer Order Agreement “Clark Rubber” or “We” or “Us” means Clark Rubber Franchising Pty Ltd and/or a third party that has been granted the right to operate a Clark Rubber franchise by Clark Rubber Franchising Pty Ltd, and the “Customer” is “You”.
If you have any questions or would like more information please call 13 80 90 or see in-store.
Terms and Conditions
- A deposit of at least 15% may be required at the time of making this customer order. The amount of the deposit will vary depending on the product being ordered.
- We will notify you by telephone when your order arrives in store.
- Payment and collection of the ordered goods is due within 7 days of us notifying you that the goods have been received at the store.
- We will not release the order for collection until such time the customer order has been paid in full.
- You may cancel this customer order at any time.
- We may cancel this customer order if you breach these terms and conditions and do not remedy that breach within 14 days of us requesting you to do so.
- Where a customer order is cancelled, we will refund any money paid less a cancellation fee. For customer orders up to $999, the cancellation fee will be no more than the equivalent of 15% of the customer order value. For customer orders of $1,000 or more, the cancellation fee will be no more than our reasonable costs in relation to the cancellation of the customer order agreement.
0% Interest Payment Plans Terms and Conditions
SR Smith pool accessories, Daisy Under-Bench Pool Cover Rollers, Clark Pool tubs and Clearance items not available for purchase using Latitude Finance. All plans are available to approved customers only and on advertised or ticketed price, from Clark Rubber. At the end of the plan, interest will be charged at 24.99%. A $99 annual fee applies for Gem Visa. This notice is given under the Gem Visa Conditions of Use (as applicable), which specify all other conditions for this offer. Also available to CreditLine, GO MasterCard and Buyer’s Edge customers. Other conditions, fees and charges apply, see product websites for details. Credit is provided by Latitude Finance Australia (ABN 42 008 583 588), Australian Credit Licence number 392145.
Instalment Interest Free
Conditions of 36 months Instalment Interest Free: Weekly payment amount excludes Gem Visa $99 annual fee. Monthly payments required, exact payment amount varies and is specified on your statement. ^Total price includes $99 annual fee on Gem Visa, charged after your first purchase and each anniversary date. Approved customers only. <Available on advertised or ticketed price, from $499 The plan is payable by 36 approximate equal monthly instalments (exact amounts specified in your statement). At the end of the plan, interest will be charged at 24.99%. A $99 annual fee applies for GemVisa. This notice is given under the Gem Visa Conditions of Use (as applicable), which specify all other conditions for this offer. Also available to CreditLine, GO MasterCard and Buyer’s Edge customers. Other conditions, fees and charges apply, see product websites for details. Credit is provided by Latitude Finance Australia (ABN 42 008 583 588), Australian Credit Licence number 392145.
Delivery Terms & Conditions
Track your order
If your order has been shipped by a courier you can track your order here. You will find the carrier details and tracking number in your shipping confirmation email.
How the order is processed
Any order received Monday to Thursday, after 3pm, will be processed and dispatched the following day, with dispatch timing dependent on availability of product.
Any order received on Friday, after 3pm or over the weekend, will be processed and dispatched on Monday, with dispatch timing dependent on availability of product.
If the item you have ordered is not in stock, we will contact you via phone or email to discuss further options.
Expected delivery time-frame
Your order will be processed within 1-3 business days of receipt, subject to stock availability.
Once dispatched, you will receive your order within 1-8 days, depending on the delivery service used and your location. Deliveries to rural areas may take longer. Clark Pool Packages are dispatched in approximately 6 weeks from date of purchase.
At the time of placing your order online, you will be advised and charged a delivery fee. There may be additional delivery fees, depending on factors such as:
(a) the type or size of product/s you order;
(b) how far from the Clark Rubber Store that is responsible for fulfilling your order the product is being delivered; and
(c) the number of people required to carry/deliver your product/s. For example if you require a mattress to be delivered and located into a room at the nominated delivery address.
A final delivery fee will be confirmed by the Clark Rubber franchisee responsible for fulfilling your order.
If you do not accept any additional delivery fee, you may choose to cancel your order in which case any payment will be refunded.
At the time of placing an order you will be required to nominate a delivery address.
An authorised person must be present at the nominated address to receive and be able to sign for the delivery.
All deliveries will be made during business hours, Monday to Friday between 9.00am and 5.00pm at the address specified by the purchaser.
ROS or the Clark Rubber franchisee fulfilling the order will not be held responsible for any loss or deliveries to an incorrect address provided and inputted by you at the time of the original purchase.
ROS or the Clark Rubber franchisee fulfilling the order is not able to provide advance notification of a delivery date or time as all deliveries are carried out by a third party supplier.
This is why it is important that an authorised person is present at the delivery address to verify and sign for the goods.
Dispatch times may vary according to availability and any guarantees or representations made as to delivery times are subject to any delays resulting from postal delays or force majeure for which we will not be responsible.
For the purposes of these Delivery terms and conditions a force majeure means, an act of god; war; revolution, any unlawful act against public order or authority; a national or state-wide strike or industrial dispute; or a government restraint.
Lost or damaged goods
If your order is lost or damaged in transit, please email us at firstname.lastname@example.org or calling 13 80 90 9:00am – 5:00pm Monday to Friday (AEST) so that we may assist you.
Spend $130 or more in the Clark Rubber Online store to receive the Limited Free Delivery offer. This offer is limited to deliveries within a 50 km radius of the Clark Rubber store fulfilling the order.
Excludes deliveries to private mail boxes (PMB) and does not apply to purchases of Bulky Goods. Bulky Goods for the purposes of these terms and conditions means, without limitation, Clark Pools and Spas, Filtrite spas, Sleepmaker innerspring mattresses and/or bases, Queen Size and King Size foam mattresses, rubber pavers, pre-cut utility mat, ultra frame pools, prism frame pools, metal frame pools and fast-set pools.
All deliveries will be made during business hours, Monday to Friday between 9.00am and 5.00pm at the address specified by the purchaser. An authorised person must be present at the nominated address to receive and be able to sign for the delivery. Clark Rubber will not be held responsible for any deliveries to an incorrect address where the purchaser provided the incorrect address at the time of purchase. Clark Rubber is not able to provide advance notification of a delivery date or time as all deliveries are carried out by a third party supplier. This is why it is important that an authorised person is present at the delivery address to verify and sign for the goods.
Name the Bull – Comment Contest
Enter your selected unique name in the comment section to be in the running to win!
Prize includes: 1 Intex Inflatabull. Total prize value $99.95 RRP.
Clark Rubber Geelong Facebook – Name the Bull - Competition Terms and Conditions
1. Information on how to enter and the prize form part of these terms and conditions. Participation in this competition is deemed as acceptance of these Terms and Conditions.
2. The Promoter is Cleanhome Geelong Pty Ltd ACN 127 439 025 trading as Clark Rubber Geelong, (‘the Promoter’).
3. Entry is open to all Australian residents that are not an employee, franchisee or their relatives of Clark Rubber Franchising Pty Ltd (‘Eligible Entrant’).
4. Entrants may enter the Name the Bull competition between 10AM AESDT Saturday 20 October 2018 and 5:00PM AESDT Friday 26 October 2018 (the “Entry Period").
5 All times throughout these Terms and Conditions will be based on Australian Eastern Daylight Savings Time ("AEDST").
6. Entrants under the age of 18 must have parent/guardian approval to submit an entry and must read and consent to these terms and conditions. Parent/guardian may be required by the Promoter to enter into a further agreement as evidence of consent.
7. Entrants may only enter the competition once.
8. Entrants declare that they have read, understood and accepted these terms and conditions.
How to Enter
9. To enter the competition the entrant must be an Eligible Entrant
a. must enter the competition during the Entry Period; and
b. must submit in writing via the Clark Rubber Geelong Facebook comment section a unique name for the Inflatabull (‘ValidEntry’).
10. When submitting an entry, an entrant must comply with all applicable laws and regulations and must not post, submit or transmit any information, image, text or other material of any kind whatsoever:
a. that is not original material in which the entrant owns copyright, unless the entrant is authorised by the copyright owner to post or transmit that material for the purposes of the competition;
b. that violates or infringes upon the rights of any other person, including a person’s intellectual property or privacy rights;
c. that is unlawful, offensive, threatening, abusive, defamatory, derogatory, obscene, vulgar, profane or indecent or that is sexual or pornographic in nature;
d. that vilifies, insults or humiliates any person on the basis of race, religion, ethnicity, gender, age, sexual orientation or any physical or mental disability;
e. that identifies any person other than the entrant, unless the entrant has obtained the consent of that person to submit the material for the purposes of the competition;
f. that advertises or promotes any goods or services, websites, competitions or schemes or otherwise for commercial purposes; or
g. that is knowingly incorrect, misleading or deceptive.
11. The Promoter may, but is under no obligation to, monitor or review the contents of the entries and may remove any materials (in whole or in part) that in its sole discretion is in any way objectionable or in violation of any applicable law or these terms and conditions.
12. Responsibility for the content of any information, image, text or other material submitted as an entry rests solely with the entrant who submits it.
13. Without limiting any other terms herein, each entrant indemnifies the Promoter and its directors, officers, employees, and agents (the Indemnified Parties) on a full indemnity basis for all direct and consequential loss and damage and liabilities, whether monetary or capable of being converted into money, suffered by any of the Indemnified Parties, as a result of, or caused or contributed to by, any act or omission, including any breach of any of these terms and conditions, by the entrant.
14. All Valid Entries will go into the private judging stage. In this stage all Valid Entries will be reviewed by an independent judging panel according to the below criteria.
a. Is the name original and unique?; and
b. How does it represent the Inflatabull and the Clark Rubber brand?
15. The winner will be selected by a panel of 3 independent judges appointed by the Promoter. The panel will review all Valid Entries and will select one entry that best represents the Inflatabull and the Clark Rubber brand.
16. The winner will be selected on Monday 29 October 2018.
17. Judging will take place between Saturday 27 October 2018 and Sunday 28 October 2018 at Clark Rubber Geelong, 25-29 Settlement Road, Belmont Victoria 3216.
18. This is a game of skill. Chance plays no part in determining the winner. Each Valid Entry will be individually judged, based upon creative merit around the celebration of naming the Inflatabull.
19. Entries must not have been published previously and/or have been used to win prizes in any other competitions.
20. The winner will be notified via Facebook private message on Monday 29 October 2018 and announced on the Clark Rubber Geelong Facebook page.
21. The total prize pool is valued at $99.95 RRP and consists of one (1) Intex Inflatabull.
22. The winner of the Name the Bull Competition to collect the prize from the Clark Rubber Geelong store located at 25-29 Settlement Road, Belmont Victoria 3216.
23. Prize must be collected within 7 days of the winner being contacted. If the prize is not collected the runner up with be contacted.
24.The Promoter reserves the right, at any time, to verify the validity of entries and entrants (including an entrant's identity, age and place of residence) and to disqualify any entrant who submits an entry that is not in accordance with these Terms and Conditions or who tampers with the entry process, including where the Promoter reasonably suspects that an entry has been submitted using false, incorrect, fraudulent or misleading information, including but not limited to personal details and contact information and/or entries that have been submitted through the use of multiple identities, email addresses or accounts. Incomplete, indecipherable or illegible entries may be deemed invalid and errors and omissions will be accepted at the Promoter's discretion. Failure by the Promoter to enforce any of its rights at any stage does not constitute a waiver of those rights.
25. The Promoter's decision is final and binding, and no correspondence will be entered into.
27. If this competition is interfered with in any way or is not capable of being conducted as reasonably anticipated due to any reason beyond the reasonable control of the Promoter, including as a result of mechanical tampering or fraud, the Promoter reserves the right, in its sole discretion, to the fullest extent permitted by law (a) to disqualify any entrant, including any entries submitted by them; or (b) to modify, suspend, terminate or cancel the competition, as appropriate.
28. Any cost associated with accessing the promotional website is the entrant's responsibility and is dependent on the internet service provider used. The use of any automated entry software or any other mechanical or electronic means that allows an entrant to automatically enter repeatedly, is prohibited and may render all entries submitted by that entrant invalid.
29. Nothing in these Terms and Conditions limits, excludes or modifies or purports to limit, exclude or modify the statutory consumer guarantees as provided under the Competition the Competition and Consumer Act, as well as under any other similar consumer protection laws in the State and Territories of Australia ("Non-Excludable Guarantees"). Except for any liability that cannot by law be excluded, including the Non-Excludable Guarantees, the Promoter (including its respective officers, employees and agents) excludes all liability (including negligence), for any personal injury; or any loss or damage (including loss of opportunity); whether direct, indirect, special or consequential, arising in any way out of the (a) competition; (b) any technical difficulties or equipment malfunction (whether or not under the Promoter's control); (c) any theft, unauthorised access or third party interference; (d) any entry, or prize claim that is late, lost, altered, damaged or misdirected (whether or not after their receipt by the Promoter) due to any reason beyond the reasonable control of the Promoter; (e) any information, image, text or other material of any kind whatsoever submitted as an entry in this competition (f) any variation in prize value to that stated in these Terms and Conditions; (g) any tax liability incurred by a winner or entrant; or (h) use of the prize.
30. This promotion is in no way sponsored by any other entity other than the Promoter. The Promoter can cancel or modify the promotion at its discretion.