Website Terms

T&C
BPT

BPT

Boilerplate

T&C-BPT

Summary:

The terms and conditions are a legally binding contract between you and us ("Terms").

This short version of the Terms is for convenience only, is not part of the agreement, and does not detract from the interpretation and application of the Terms in full.

You may only access and use this website if you agree to these Terms in full.

We do not need to notify you of any change to these Terms.

You indemnify us for our reasonable Costs, including legal costs, in any dispute between you and us in which we are the prevailing party.

If you are underage or do not have legal capacity to enter these terms, your parent/guardian guarantees authorises your access and use of this website and indemnifies and guarantees your obligations under these Terms.

This website is provided on an "as is" and "as available" basis only.

We require full upfront payment for any transaction.

You warrant that the value to you of any transaction is at least equal to the purchase price.

You must not interfere with this website, its hardware, software or operation.

We do not guarantee the security of this website.

You must take your own precautions to protect your computer systems from viruses or other interference.

You transmit to or from this website at your own risk.

It is your responsibility to avoid infringement of any local laws.

We can be contacted by the means listed on the Contact Us page, except for the service of legal documents.

You consent to receive all communications from us by email, notice on this website, or other electronic means.

You may refer objectionable or erroneous material to us for review. Modification or removal will be at our sole discretion. Any recurrent or ongoing offence is entirely self-inflicted.

We are not liable for any circumstances beyond our reasonable control.

Full Text:

BPT1. "website" means the website located at and identified by http://www.termsconditions.com.au.

BPT2. The "Parties" to this agreement are:

"you, your" the user of this website.

"we, us, our" the owners and operators of this website, whether natural persons or corporate entities.

BPT3. A reference to a Party includes a reference to that party's successors in title, permitted assignees and transferees (if any).

BPT4. Nothing in these Terms, express or implied, confers upon any third party any right, benefit or remedy under or by reason of these Terms, legislation governing third party rights, or otherwise.

BPT5. In these terms: 

  1. Headings and summaries or abbreviated versions of these Terms are for convenience only and do not affect the interpretation and application of these Terms in full;
  2. Words denoting the singular shall include the plural and vice versa;
  3. Where a word or expression is given a particular meaning, other parts of speech and grammatical forms of that word or expression have a corresponding meaning;
  4. The word “including” and similar expressions will not be construed as words of limitation and shall be read as “including, but not limited to”; 
  5. The word “acknowledges” means the party making the acknowledgement is aware of and accepts the truth of said facts, so declares, and admits the truth of the statement for all purposes including for the purposes of pleadings in litigation;
  6. The word "Claim" means any claim including demands, threatened or filed proceedings, fines, awards, penalties howsoever arising including any liability, damages, or cause of action; and
  7. The word "Costs" means any cost, expense or disbursement incurred by reason of a Claim or otherwise arising in connection with this website, including judgment debts, adverse costs orders, settlement sums, penalties, fines, legal professional fees, administrative costs of proceedings, expert witness costs, or costs required for compliance with orders for equitable relief.

Legally binding contract

BPT6. These terms and conditions comprise a binding legal contract between you and us ("Terms").

BPT7. By accessing and using this website, you acknowledge you have had sufficient chance to read and understand these Terms and undertake to be bound by them in full and without reservation.

BPT8. You represent and warrant that you have legal capacity to enter these Terms, or have been authorised to by your parent or guardian who has given the Parent/Guardian Covenant.

BPT9. Subject to these Terms any requirement for payment to access certain content or functions, we grant you a temporary, non-exclusive, revocable, and limited right and license to access and use this website in the normal manner for your own personal, non-commercial use unless otherwise expressly authorised in writing to use this website for commercial use.

BPT10. You shall not assign, sublicense or otherwise deal in any other way with any of your rights under these Terms. Any such assignment by you shall be deemed null and void.

BPT11. We may assign our rights and obligations under these Terms to any party at any time without notice to you.

BPT12. Failure to enforce any particular provision of these terms, or failure to act with respect to an anticipated or actual breach by you or others, does not constitute a waiver of the right to do so later including in relation to subsequent or similar circumstances.

BPT13. If any provision of these Terms is declared invalid or unenforceable under applicable law by a court of competent jurisdiction, such provision shall be ineffective only to the extent of such declaration and without affecting the validity or enforceability of the remaining provisions.

BPT14. Any specific Terms duplicated in whole, in part, or in a summarised version throughout this website are merely reminders provided for your convenience, and do not detract from the interpretation and application of these Terms in their full form.

BPT15. These Terms constitute the entire and final agreement and understanding between you and us with respect to the website and any subsequent agreement for the supply of goods or services subject to these Terms. You and we confirm that no reliance has been placed on any representations other than those set out in these Terms.

Availability

BPT16. You acknowledge that websites are subject to interruption or breakdown, and accordingly this website is provided on an "as is" and "as available" basis only.

BPT17. We may, at our sole discretion, suspend, interrupt, alter, amend or cease the operation or content of this website, in whole or in part, at any time, without notice to you.

BPT18. If for any reason this website ceases to operate or these Terms are terminated:

  1. Any entitlements accruing to you under these Terms will cease immediately except for the right to provision or refund at our sole discretion of any goods or services paid by you in advance;
  2. Any entitlements, hold harmless clauses, indemnities or other protections accruing to us under these Terms will continue.

Costs

BPT19. You indemnify us for our reasonable Costs in any dispute between the Parties in which these Terms, any subsequent agreement for the supply of goods or services, or your use of the website; form part of the cause of action and in which we are the prevailing party. If the Parties cannot agree reasonable Costs they are to be assessed on the indemnity basis. Your debt arising pursuant to this clause is immediately due and payable notwithstanding any right of appeal in respect of the underlying dispute.

Parent/Guardian Covenant

BPT20. Where you are not of the age of majority and/or legally competent to enter into these Terms, your parent/guardian is required to supervise and take primary responsibility for your access and use of this website. Accordingly your parent/guardian:

  1. Represent and warrant the representations contained in these Terms are true and correct;
  2. Guarantee the rights and indemnities granted as against the you pursuant to these Terms;
  3. Personally covenant to indemnify us in terms of these Terms;
  4. Give you permission to access and use this website and to enter into any resultant agreements (for example contracts for the supply of goods or services); and
  5. Acknowledge we shall not provide any special assistance to you.

Your insolvency

BPT21. We will not provide any goods or services to you until the total value of the goods or services is paid in full unless otherwise agreed in writing.

BPT22. You warrant that the value to you of the goods or services is at least equal to the amount you paid to us as consideration for the supply of those goods or services.

Internet security

BPT23. You shall not engage in any activity that interferes with or disrupts this website or the servers and networks that host this website, nor attempt to circumvent, disable or otherwise interfere with security-related features of this website or features that prevent or restrict use or copying of any content or enforce limitations on the use of this website or the content therein.

BPT24. You acknowledge that any suspected fraudulent, abusive or illegal activity may be referred to appropriate law enforcement authorities.

BPT25. We do not, and cannot, guarantee or warrant that any data transmission is totally secure, free from viruses, fault or other conditions that could damage or interfere with your computer systems. You acknowledge responsibility to take your own precautions to protect your computer systems.

BPT26. We do not, and cannot, guarantee or warrant the security of any content or information you transmit via this website. You transmit to or from this website at your own risk.

Infringement of local laws

BPT27. If any content on this website is in violation of local laws and ordinances in your geographical location, for example offensive, discriminatory or blasphemous, ("Legal Restrictions") you may bring this to our attention but must immediately cease using this website. We may, in our sole discretion, rectify the offending content but do not undertake to do so.

BPT28. You acknowledge responsibility and undertake to ensure legal compliance in your geographical area, and accordingly you indemnify us in respect of any Costs arising from your use or continued use of this website in violation of local laws.

Communications

BPT29. You can contact us by the methods detailed on the "Contact Us" page of this website for all purposes other than formal service of legal documents which must be served in accordance with ciil procedure and service rules in the Jurisdiction.

BPT30. You consent to receive all communications from us electronically, including by email or by posting notices on this website, and that such communications will satisfy any legal requirement that such communications be in writing.

BPT31. Any notice given in connection with these Terms shall be to the email address you: (i) specified for the specific transaction, (ii) specified for your membership to this website generally, or (iii) used in correspondence with us.  Notice shall be effective immediately upon transmission if sent before 5.00pm on a business day, otherwise the next business day, with business days and time determined by reference to the Jurisdiction. If notice cannot be given in accordance with this clause, notice shall be given in accordance with civil procedures and service rules in the Jurisdiction.

Objectionable or erroneous material

BPT32. In the first instance, you may refer objectionable or erroneous material to us for review, which may at our sole discretion result in modification, removal or no action. We shall have no obligation to notify you of our decision.

BPT33. In the second instance, if you do not agree with our decision, you acknowledge the appropriate response is to cease using this website and voluntarily exposing yourself to such content, that any recurrent or ongoing offence is entirely self-inflicted, and hold harmless and release us of any liability or responsibility for your continued exposure to such content.

Force Majeure

BPT34. To the extent permitted by law, we are not liable for any delay caused by circumstances beyond our reasonable control, including the acts or omissions of third parties, and we shall be entitled to a reasonable extension of time to perform any obligations under these Terms.

T&C
DISC

DISC

Disclaimer

T&C-DISC

Summary:

YOU EXPRESSLY AGREE THAT YOU USE THIS WEBSITE AT YOUR OWN RISK.

To the extent permitted by law we disclaim any guarantees, representations or warranties, express or implied, as to the availability, reliability, timeliness, performance, completeness, accuracy, merchantability, acceptable quality or fitness for purpose of this website and the information, content, materials, processes, goods or services that it contains.

You shall indemnify, defend and hold us harmless of any Costs incurred due to your use of this website including by reason of our negligence or breach of duty (statutory, contractual or otherwise), howsoever arising including any or all of the following which may apply under these Terms: Legal Restrictions, User Generated Content, Exposures, Information, Forum Information Activities, Medical Information, Services, Your Items, Forfeited Amount, Duties, service providers, payment providers, shipping providers or unavailability of this website.

We are not responsible for the content or availability of external websites linked from this website.

To the extent permitted by law we are not liable for any direct, indirect or consequential damages or loss arising from use of, or reliance on, this website.

Our liability is limited to re-supply, refund or US$100.

You indemnify us for all Costs which arise out of or relate to your use of this website, any information that you provide via this website, or any damage that you may cause to this website including intellectual property infringement, defamation, or privacy.

Full Text:

DISC1. YOU EXPRESSLY AGREE THAT YOU USE THIS WEBSITE AT YOUR OWN RISK.

DISC2. You acknowledge the clauses of this Disclaimer section reflect the allocation of risk set forth in these Terms and that we would not enter into these Terms or license you to access and use the website without this limitation of liability.

DISC3. We do not, and cannot, control or monitor the content and availability of external websites to which links may be made from or by this website from time to time.

DISC4. We shall not be liable for any consequential, indirect, exemplary, punitive, special, incidental or reliance damages, or for any damages related to lost data, lost profits, or business interruption, arising or related to your use of this website or any linked website, nor do we accept any responsibility for any such loss arising out of your use of, or reliance on, information or processes contained on, or accessed through, this website, even if we knew or should have known of the possibility of, or could reasonably have prevented, such damages or losses.

DISC5. To the extent permitted by law we disclaim any guarantees, representations or warranties, express or implied, as to the availability, reliability, timeliness, performance, completeness, accuracy, merchantability, acceptable quality or fitness for purpose of this website and the information, content, materials, processes, goods or services that it contains.

DISC6. To the extent that any exclusion of liability, warranty or guarantee in these Terms is deemed by a court of competent jurisdiction to have failed in its essential purpose, you agree that our liability is limited to the re-supply of the affected goods or services, or if re-supply is not practicable refund of the amount paid by you to us for the affected goods or services, or in all other circumstances the amount of USD$100.

DISC7. Our total cumulative liability to you arising from your use of this website, including by reason of our negligence or breach of duty (statutory, contractual or otherwise), will not exceed the amount of USD$100.

DISC8. You indemnify us for all Costs which arise out of or relate to your use of this website, any information that you provide via this website, or any damage that you may cause to this website including intellectual property infringement, defamation, or privacy.

DISC9. You shall indemnify, defend and hold us harmless of any Costs incurred due to your use of this website including by reason of our negligence or breach of duty (statutory, contractual or otherwise), howsoever arising including any or all of the following which may apply under these Terms: Legal Restrictions, User Generated Content, Exposures, Information, Forum Information Activities, Medical Information, Services, Your Items, Forfeited Amount, Duties, service providers, payment providers, shipping providers or unavailability of this website.

T&C
IP

IP

Intellectual Property

T&C-IP

Summary:

We retain ownership of all intellectual property on this website.

You shall not use any intellectual property on this website for commercial or derivative purposes without our express written agreement.

You grant us a perpetual, non-exclusive, royalty-free, irrevocable, worldwide and transferable license to use any content you upload or communicate to this website. You warrant that you have the right to grant this license. You indemnify us for any costs we incur if you do not have the right to grant this license.

You may notify us in writing of any potential breach of your intellectual property by us. We will investigate your claim and respond.

Full Text:

Our intellectual property

IP1. "Content" is any creation of intellect and includes but is not limited to code, text, images, audio, video and links.

IP2. All intellectual property in this website, its icons, logos, slogans, Content, processes and software is the property of the owners of this website or their affiliates.

IP3. You shall not use any Content, process or software available or identifiable on this website for commercial or derivative purposes unless you have obtained our express written agreement on an individual basis, or if we have expressly specified other license conditions, for example by granting and displaying a Creative Commons license for particular Content.

IP4. You shall not modify or copy the layout or appearance of this website nor any computer software or code contained in this website. You shall not decompile or disassemble, reverse engineer or otherwise attempt to discover or access any source code related to this website.

Your contributions

IP5. If you communicate to us, or upload, post, or otherwise contribute any Content of any type to this website, unless clearly stated otherwise you grant a perpetual, non-exclusive, royalty-free, irrevocable, worldwide and transferable right and license to us to use that Content in any way including reproduction and derivative works ("IP License").

IP6. You retain copyright and any other rights you hold in your Content and can continue to share and commercialise your Content as you wish.

IP7. You represent and warrant that you have all necessary rights to grant the licenses and rights set out in the IP License and that your Content is not defamatory, does not infringe any law or third party rights ("IP Warranty").

IP8. You indemnify us in respect of any penalties, damages, costs or other expenses arising from your failure to comply with the IP Warranty ("IP Indemnity").

IP9. The IP License, the IP Warranty, and the IP Indemnity will survive any whole or partial termination or modification of any Terms or the discontinuance of this website.

Infringement of your intellectual property

IP10. If you believe this website violates your copyright, trademark or other intellectual property, and seek relief, then in the first instance you shall communicate to us each of the following:

  1. Identify the content or other feature said to be in breach;
  2. Identify your intellectual property from which the breach is said to arise; and
  3. Specify your proposed resolution;

then we will investigate and respond to your claim within a reasonable time being no less than two weeks. We may take down any material so identified within a reasonable time without further consequences and without prejudice to any Claim for use of your intellectual property.

T&C
UGC

UGC

User Generated Content

T&C-UGC

Summary:

We act as a passive conduit for user generated content, which we do not monitor, endorse or accept any liability.

You warrant you will not upload any objectionable or unlawful material.

You accept the risk of exposure to objectionable or unlawful material as a usual risk of the Internet for which we are not responsible.  

We reserve the right to remove or edit any user generated content appearing on this website at our sole discretion.

Full Text:

UGC1. "User Generated Content" or "UGC" is information created, transmitted via or otherwise communicated by non-administrative users of the website, and includes but is not limited to forum posts, comments, content, reviews, testimonials, public or private messages that may be submitted to, on this website by any person in forms including text, images, audio, video and links.

UGC2. We act as a passive conduit for UGC. We do not, and cannot, monitor, review or moderate all user generated content submitted to this website. We do not endorse any UGC.

UGC3. UGC, particularly when contributed by persons on the Internet, may:

  1. Violate laws regarding defamation, harassment, discrimination, racial vilification, sedition, blasphemy, bullying, privacy or contempt;
  2. Be abusive, offensive, indecent, pornographic or obscene;
  3. Advocate illegal activity or discuss illegal activities with the intent to commit them;
  4. Be intentionally or unintentionally false, misleading, deceptive, inaccurate, incorrect or unreliable;
  5. Be an infringement of intellectual property rights including copyright of any third party;
  6. Be inappropriate, off topic, repetitive or vexatious;
  7. Compromise the privacy of any person, or may contain or seek inappropriate personal information, or impersonate another person;
  8. Be for commercial or charitable purposes not endorsed by this website; or
  9. Contain malicious, invasive or otherwise harmful software.

(together, "Exposures").

UGC4. You acknowledge that UGC is a rich, interactive, collaborative, and engaging experience to which you assign a value. You voluntarily accept the Exposures as a usual risk and obvious risk of the Internet generally and of this website and acknowledge that any such Exposure is not attributable to us. You hold us harmless of any Claim for wcih the Exposures form part of the cause of action.

UGC5. You warrant that you will not upload any UGC of the types described by the Exposures.

UGC6. We reserve the right to refuse to disclose, unless compelled by law, the identity or personal information of any person who has made a contribution to, or communication on, this website including the person responsible for any Exposures.

UGC7. We reserve the right to remove or edit any UGC appearing on this website at our sole discretion but do not undertake to do so.

T&C
NSW,AUS

NSW,AUS

Jurisdiction

T&C-NSW,AUS

Full Text:

J1. These Terms and any dispute arising out of or in connection with their subject matter, shall be governed by and construed in accordance with the laws of New South Wales, Australia ("Jurisdiction").

J2. The parties irrevocably agree that the courts of New South Wales, Australia shall have exclusive jurisdiction to settle any dispute or claim that arises out of, or in connection with, these Terms, this website, or the subject matter thereof.

Shop Terms

T&C
BPTS

BPTS

Boilerplate

T&C-BPTS

Summary:

Prices may change at any time.

Packaging and colour of goods may vary.  Weights, dimensions and capacities are approximate only.

Nothing in the Terms excludes the application of consumer guarantees mandated by law.

If your local laws prohibit the purchase of certain goods you shall not attempt to do so through this website. You indemnify us for Costs arising from your failure to comply with this Term.

You are responsible to identify and pay any duty, levy, tax or other fee imposed by law on the purchase and delivery of goods from this website.

We will share your personal details with third parties as required to fulfil your purchase.

Full Text:

BPTS1. We reserve the right to change advertised prices for goods or services as shown on this website at any time.

BPTS2. Nothing in these Terms excludes the application of consumer guarantees mandated by legislation or the operation of law.

BPTS3. You acknowledge that the following variations to the goods shown on this website may apply and will not invalidate an agreement for the sale of such goods in any way:

  1. Packaging may vary from that shown on this website;
  2. Weights, dimensions and capacities shown on this website are approximate only;
  3. Your monitor’s display of any colour may not accurately reflect the actual colour of physical goods.

BPTS4. If due to age or other circumstances the law in your geographical area does not permit you to purchase certain goods or services, for example knives, alcohol or video material, then you shall not enter into or attempt to enter into any agreement with us for the provision of such goods or services and warrant that you will not do so ("Restrictions Warranty").

BPTS5. You indemnify us for any Costs arising from your failure to comply with the Restrictions Warranty.

BPTS6. You acknowledge that all goods are sold on a delivery duty unpaid basis, and you are responsible to identify and pay any duty, levy, tax or other fee imposed by the law in your geographical area ("Duties") on or prior to delivery of any goods from this website.

BPTS7. It is your responsibility to check the details of such Duties before completing any checkout process or making any offer to purchase, and to pay such Duties. We do not undertake to inform you if such Duties may apply.

BPTS8. You agree we may use, share and store your personal information for the purposes of processing your transaction and delivering the goods or services to you, including by providing your data to third parties within the supply chain.

BPTS9. You acknowledge that delivering goods or services to you requires true and correct personal information including your name, address and other contact details as requested.  You acknowledge your failure to provide true and correct personal information may result in failure to deliver goods or services to you or failure to bring any cancellation to your attention, and in those circumstances you will not be entitled to any refund of the amount paid by you as consideration for those goods or services ("Forfeited Amount") and you will not be entitled to Costs for any damage incurred by reason of not receiving the goods or services.  You acknowledge the Forfeited Amount is a genuine pre-estimate of wasted costs and costs of administration likely to be incurred by us due to your failure to provide true and correct personal information and is not a penalty.

BPTS10. Offers to purchase which are received on a weekend or a public holiday may not be processed until the next business day. Business days are Monday to Friday, excluding public holidays as defined in the jurisdiction specified by these Terms.

T&C
INVT

INVT

Invitation to Treat

T&C-INVT

Summary:

This website makes only an invitation to treat. By this website we invite you to make an offer to purchase goods or services featured on this website. We may or may not accept your offer at our sole discretion. Our acceptance will be communicated by return email confirming the terms of the agreement to supply goods or services to you.

We reserve the right to cancel any agreement to supply goods or services, at any time, for any reason, without liability.

Full Text:

INVT1. This website makes only an invitation to treat. By this website we invite you to make an offer to purchase goods or services featured on this website. We may or may not accept your offer at our sole discretion. Our acceptance will be communicated by return email confirming the terms of the agreement to supply goods or services to you (“Supply Agreement”).

This clause applies notwithstanding features of the website from which an intention to make an offer would otherwise be inferred, including: the use of language to the contrary for example the words "offer", "buy now", "purchase"; the specific labels and functions of website pages for example online store, shopping cart, checkout or payment; or any information concerning or connected with goods or services described on the website including text, images, audio, video and links.

INVT2. You make an offer to purchase by completing the online checkout process. Your offer to purchase must include tendering full payment in advance, which we shall hold on trust for you pending acceptance of your offer. You are deemed to make an offer to purchase when:

  1. A record of your offer is created in our database, and
  2. We receive written confirmation of deposit into our account of your full payment in advance from our nominated third party payment provider.

INVT3. You declare that any goods or services you offer to purchase are necessary to maintain your existing lifestyle or quality of life.

INVT4. We reserve the right to terminate any Supply Agreement in whole or in part, at any time, for any reason, in our sole discretion, effective immediately on giving notice or attempting to give notice at the contact details you provided. We are not required to communicate the reason for termination to you. Our liability is limited to return of amounts paid in advance in respect of the terminated agreement.

T&C
RTN

RTN

Returns Policy

T&C-RTN

Summary:

All sales are final unless goods are defective.

Unless we decide otherwise you must bear all costs and risk of returning defective products.

We may refer you to the manufacturer for troubleshooting assistance.

Goods shall not be considered defective if damaged by you.

If we confirm the returned goods are defective you will be entitled to repair, replacement or refund and we will pay the shipping costs of returning any repaired or replacement goods to you.

If returned goods are not defective they will only be returned to you on receipt of your payment for the shipping costs of doing so.

Full Text:

RTN1. To the extent permitted by law, the following returns policy on goods sold by us will apply:

  1. All sales of goods are final and you are not entitled to any refund on the return of goods unless such goods are defective;
  2. If you are entitled by law to return goods because you have changed your mind within any applicable cooling off period, then:
    1. you are not entitled to a refund on original shipping costs or payment transaction costs,
    2. you must first contact us in writing to make arrangements for the return and provide proof of purchase of that good from us within the relevant cooling off period,
    3. at your own expense and risk you must return the good undamaged, unused and in original packaging to an address nominated by us, failing which will exclude you from any entitlement to a refund and you will remain liable for any return shipping costs.
  3. Certain goods require a high degree of technical familiarity for service and support and so at the first instance or if directed by us, you must contact the manufacturer or other supplier for trouble-shooting assistance;
  4. Goods you have damaged through your own acts or omissions shall not be considered defective;
  5. If goods are defective:
    1. You must first notify us in writing within 30 days of receiving possession of the goods, of any claim for defective goods, and provide proof that the goods were originally purchased from us;
    2. You must return defective goods to us, at your own reasonable expense, to any address specified by us ("Returned Goods");
    3. We shall not have title or risk for Returned Goods until they arrive at the address we specified for return;
    4. Reimbursement of shipping costs for Returned Goods shall be at our sole discretion;
    5. If we confirm the Returned Goods are defective you will be entitled to either repair, replacement or refund and we will pay the shipping costs of returning any repaired or replacement goods to you by standard shipping;
    6. We shall not under any circumstances be liable for any data lost as a result of repaired, replaced or refunded goods; and
    7. If Returned Goods are not defective they will only be returned to you on receipt of your payment for the shipping costs of doing so.