Terms and Conditions
Website Terms and Conditions
Bright Performance Horses Pty Ltd (ACN 648 374 994) and its related businesses (BPH) provides you with access to the BPH Websites subject to these Terms and Conditions (“Terms”) and our Privacy Policy. By using, browsing, or accessing the Websites in any way as a registered user with an account or otherwise, you represent and warrant that you have read, understood, and accept and agree to be bound by these Terms and our Privacy Policy.
These Terms and our Privacy Policy constitute the entire agreement between you and BPH with respect to your access to and use of our Websites and apply to the ordering, purchase, fulfilment and delivery of Goods and Services. By placing an order for Goods and Services from BPH you agree to these Terms and any variation or modified Terms and Conditions that may be notified by BPH on our Websites, or in writing, at the time of placing your Order.
1. Definitions
In these Terms:
Account means an account created by you on the BPH Website to become a registered user.
Additional Fee means an additional fee that may be applied to your card or other payment method when purchasing Goods and Services on the Website.
Delivery Charge(s) has the meaning given in Section 7.3.
Delivery Option(s) means the delivery option(s) available for an Order which are listed on the Website, as updated from time to time. The delivery option(s) available for an Order will vary depending on factors such as the nature of the Goods you are purchasing and your delivery address. Delivery options may include standard delivery or express delivery. Delivery Charge(s) and estimated delivery times may vary for each Delivery Option.
Distribution Centre means a BPH store or distribution centre open to the public for pre-arranged and pre-paid Order collections.
Goods, Services or Goods and Services means goods or products, services, content, information, features, functionality, contained in, displayed on or accessible through the Websites, including content or information generated on the Websites by us or on our behalf and any Third Party Content.
Order means an order for Goods and Services, placed on the BPH Websites.
Our, Us or We means Bright Performance Horses Pty Ltd (ACN 648 374 994) and its related businesses (BPH).
Password means the password needed to access your Account.
Person means any individual, company, trust, entity, partnership, joint venture, association, corporation, body corporate or governmental agency, including any customer, supplier, or vendor.
Premises means the premises or address specified by you for delivery.
Privacy Policy means our Privacy Policy as amended from time to time.
Selected Delivery Option has the meaning given in Section 13.1.
Terms means these Terms and Conditions for the BPH Websites.
Third Party Content means websites, platforms, content, features, functionality, goods, services, and information of other parties including content provided to us by links to sites owned by other non-related parties.
Website(s) or BPH Website(s) means this site "brightperformancehorses.com" owned and operated by Bright Performance Horses Pty Ltd and any other Websites or Applications (Apps) owned or operated by us or our related entities, subdomains of such Websites and all related top-level domains, Application Programming Interfaces (APIs), Payment modules or gateways, plugins and widgets, including all password protected areas.
User or You means the Person using, browsing or otherwise accessing or purchasing any Goods and Services on our Websites.
2. Website Access and Use
2.1 By accessing and using the Website or by placing an order for Goods and Services, you represent and warrant or accept that:
(a) you are eighteen (18) years of age or older and that you are either an individual acting on your own behalf, or the authorised agent of another individual or business. Your use of the Websites as an authorised agent shall not relieve you of personal responsibility to accept and agree to be bound by these Terms and our Privacy Policy.
(b) you are accessing and using the Website for lawful purposes at all times and you must not pay, or attempt to pay, for Goods and Services through any fraudulent or unlawful means.
(c) you must not upload, post, transmit or otherwise make available through this Website any material which: violates or infringes the rights of others (including their privacy and intellectual property rights); is unlawful, threatening, abusive, defamatory, invasive of privacy, vulgar, obscene, profane or which may harass or cause distress or inconvenience to, or incite hatred of, any person.
3. Changes to these Terms
3.1 BPH reserves the right to amend these Terms at any time. Any amendment will take effect from the time that it appears on the Website. The Terms which apply at the time that you place your Order are the Terms which will apply to your Order.
3.2 No variation, or modification of, or substitution for these Terms will be binding unless expressly accepted by an authorised officer of BPH in writing. Should you object to any of our Terms or other notices on our Website your sole option is to immediately cease your use of the Website.
4. Legal Rights under Australian Consumer Law
4.1. Nothing contained in these Terms shall be read or applied so as to exclude, restrict or modify or have the effect of excluding, restricting or modifying any condition, warranty, consumer guarantee, right or remedy or other obligation implied by the Australian Consumer Law which cannot by law be excluded, restricted or modified.
4.2 Our Goods come with guarantees that cannot be excluded under the Australian Consumer Law. You are entitled to a replacement or refund for a major failure and compensation for any other reasonably foreseeable loss or damage. You are also entitled to have the goods repaired or replaced if the goods fail to be of acceptable quality and the failure does not amount to a major failure.
4.3 Our Services come with guarantees that cannot be excluded under the Australian Consumer Law. For major failures with the service, you are entitled:
(a) to cancel your service contract with us; and
(b) to a refund for the unused portion, or to compensation for its reduced value.
You are also entitled to be compensated for any other reasonably foreseeable loss or damage.
If the failure does not amount to a major failure, you are entitled to have problems with the service rectified in a reasonable time and, if this is not done, to cancel your contract and obtain a refund for the unused portion of the contract.
5. Additional Express Warranties
5.1 The Goods and Services you purchase from BPH may come with an additional express warranty to your Australian Consumer Law rights, guarantees and remedies. When provided, the warranty period, provisions and the person providing the additional express warranty relating to your purchase vary according to the Goods and Services you have purchased. Please refer to product packaging, product brochures and marketing communications from BPH to determine the additional express warranty terms and conditions for your purchase.
5.2 Certain products may require you to undertake regular maintenance and care to prevent damage or excessive wear even with normal use.
6. Liability
6.1. Save as otherwise provided by the consumer guarantees under the Australian Consumer Law or Section 6.2:
(a) neither party shall be liable to the other or any other person for the following losses arising from, or in connection with the matters in these Terms: (i) loss of profits; (ii) loss of revenue; (iii) loss of anticipated savings; (iv) loss of business opportunity; (v) loss of goodwill; (vi) loss of reputation; (vii) loss of data; (vii) consequential, indirect or incidental loss; (viii) special loss; (ix) punitive or exemplary damages; (x) economic loss or damages of any nature or description; (xi) any property damage, injury or death; and
(b) BPH shall not be liable to you for the following direct or indirect losses: (i) your Account information being incomplete or inaccurate; (ii) any unauthorised use of your Password or Account which takes place before you notify BPH; (iii) your Order information being incomplete or inaccurate; (iv) being unable to change or cancel your Order once it has been accepted by BPH; (v) your Order not being received, being lost, misdirected or delayed as a result of the facility to place Orders being unavailable due to issues with the Website beyond the reasonable control of BPH; (vi) cancellation of your Order; (vii) the availability of any Goods; (viii) delay in delivery of the Goods to you or delay in the availability of Goods for pick-up from a Distribution Centre beyond the reasonable control of BPH; (ix) any delay in you receiving any refund due to you; (x) any third party interference; (xi) any late, lost or misdirected deliveries of Goods beyond the reasonable control of BPH; or (xii) any loss, damage, cost or expense suffered as a direct or indirect result of BPH leaving the Goods in accordance with any “authority to leave” given by you, whether such losses arise in contract, tort, under statute or regulation, or under any other legal cause or action, claim or right.
6.2. If BPH, its contractors, sub-contractors or employees suffers any reasonably foreseeable loss, damage, cost or expense as a result of your failure to comply with these Terms, or any unauthorised use of your Password or Account which takes place before you notify BPH then you must pay BPH the amount of that loss, damage, cost or expense if BPH asks you to and the exclusions in Section 6.1(a) will not apply.
7. Pricing and GST
7.1 Prices for Goods and Services are as shown on the Website. All prices and Delivery Charges are in Australian dollars and are inclusive of GST.
7.2 BPH reserves the right to change the prices of Goods and Services at any time without notice to you. The price displayed at the time that you place your Order will continue to apply to you even if the price changes before your Order is accepted by BPH.
7.3 In addition to the price for the Goods and Services, you will also need to pay the listed Delivery Charge (if any) (“Delivery Charge”) for your Selected Delivery Option. Any Delivery Charge will appear in your shopping cart. If you live in an area to which our national courier company does not provide a door-to-door service, BPH will contact you before accepting your Order and provide you with a quote for the Delivery Charge which may apply even where the item is shown on the Website as having “free delivery” or something similar. If, within the timescale specified, you do not agree to accept the Delivery Charge, BPH will cancel your Order. BPH will not take payment for your Order until you have confirmed your acceptance of the Delivery Charge.
7.4 By placing an Order you agree to pay the price for the Goods and Services and any Delivery Charge.
8. Account for Orders and Marketing Communications
8.1 If you do not already have an Account you will need to create one before placing an Order on the BPH Website unless you utilise the “Guest” checkout feature of the BPH Website. If you wish to create an Account, additional functionality on the Website may be available to you, for example your order history.
8.2 Please note that when you check out as a guest on the BPH Website or when you create an Account, you agree to subscribe to our marketing communications. You can unsubscribe at any time by selecting the “unsubscribe” option in the relevant communication, for example, clicking on the unsubscribe link in the email you receive or texting the stated response word e.g.: “STOP” or “UNSUB” or “REMOVE” to the mobile number in the SMS you receive.
8.3 You warrant to BPH that all information provided by you in relation to your Account is complete, true and accurate. Please ensure that you enter all information carefully when creating an Account.
8.4 You must notify BPH immediately if you become aware of any actual or potential unauthorised use of your Password or Account.
9. Orders for Goods and Services
9.1 You can place an Order by following the instructions on the Website (including via a link sent to you from a Marketing Communication).
9.2 An Order submitted by you is an offer by you to purchase the Goods and Services for the price plus the Delivery Charge as shown at the time of submission of your Order as per 7.3. BPH may accept or reject your offer in its absolute discretion. In particular, but without limitation, BPH may reject Orders for commercial quantities of Goods. If you wish to order commercial quantities of Goods please contact BPH with your request – refer Contact us.
9.3 Each Order that you place will, if accepted by BPH, be a separate and binding agreement between you and BPH with respect to the supply of the relevant Goods and Services, in accordance with these Terms.
9.4 If you place an Order for another person to receive the Goods you must obtain their consent before providing BPH with their personal information and, by placing an Order, you confirm to BPH that you have done this.
9.5 For “Limited Offer” Goods, a quantity limit of one per customer applies unless otherwise stated on BPH Website.
9.6 You warrant to BPH that all information provided by you in relation to each Order is complete, true and accurate. Please ensure that you enter all information carefully when placing an Order.
9.7 Please check your Order and Selected Delivery Option carefully (including the quantities ordered) before submitting it as Orders may not be able to be changed or cancelled once the Order has been accepted by BPH. BPH will use reasonable endeavours to cancel or change the Order if it has not already been shipped but makes no representation that it will be able to do this.
9.8 Except to the extent otherwise required by law (including, without limitation, the Australian Consumer Law), BPH will not be liable to you, or any other person, for any loss, damage, cost or expense suffered as a direct or indirect result of your Order information being incomplete or inaccurate or as a result of being unable to change or cancel your Order once it has been accepted by BPH, whether in contract, negligence or any other tort, equity, restitution, strict liability, under statute or otherwise at all.
9.9 Where you place separate Orders the Goods will be delivered separately and a separate Delivery Charge will apply to each Order. BPH cannot consolidate separate Orders into one delivery.
9.10 Where you order more than one item in one Order, all Goods for which your Order is accepted at the same time will be dispatched together where practicable. However, in some cases Goods may be dispatched separately, for example: where the Goods are being dispatched from different locations; where the Goods are of different types (e.g.: a mixture of manufacturers or suppliers); or where the Goods have different availability statuses. Please note that a Delivery Charge is calculated based on several factors including the Good’s weight, dimensions, packaging, the number of delivery shipments required and the Selected Delivery Option.
9.11 You accept the internet can be an unstable, and sometimes insecure, marketplace. At times the facility to place Orders may not be available, your Order might not be received, your Order may be lost or misdirected, or your Order might be delayed due to issues with the Website beyond the reasonable control of BPH.
10. Order Submission
10.1 When you submit an Order you will receive an Order reference number via email.
10.2 BPH will process payment for your Order when, or shortly after, you place your Order or if required at BPH’s sole discretion, after BPH contacts you to confirm your Order. Your Order is deemed to be accepted by BPH when payment is processed, however, BPH may, in certain circumstances, cancel your Order after acceptance as set out in these Terms. In the event that BPH cancels your Order having already processed payment, it will refund payment in accordance with Section 16.1.
10.3 When BPH accepts an Order it represents an agreement by BPH to supply the Goods and Services to you in accordance with your Order subject to receiving payment from you and subject to these Terms.
10.4 You must pay for Goods and Services by credit card (Visa or Mastercard) or debit card, including an Additional Fee that may be applied during checkout for use of your payment method.
10.5 You must not pay, or attempt to pay, for Goods and Services through any fraudulent or unlawful means. If the name on the credit card or debit card does not match the name on the Order, BPH may refuse to accept your order or ask you to provide additional information (for example, proof of identity documents) in accordance with its fraud detection processes. By providing your credit card, debit card, or selecting one of the other available payment methods you authorise BPH to deduct the price and the applicable Delivery Charge(s) and Additional Fee from such card or other payment methods.
10.6 BPH reserves the right to change the payment methods that can be used for Orders at any time in its absolute discretion.
10.7 BPH may not be able to, or may decline to, accept payment from you by your nominated payment method at any time for any reason including, without limitation: (a) where our fraud detection systems detect possible irregularities; (b) because your financial institution or other payment provider has declined payment; or (c) because your payment card has expired. Where this is the case, BPH reserves the right to cancel your Order and/or place your Order on hold and request you to provide additional information (for example, proof of identity documents) or arrange payment by another method.
10.8 When you submit an Order, BPH may complete a pre-authorisation of the full value of the Order. A pre-authorisation is a practice of validating electronic transactions by holding the value of the Order unavailable until either the merchant charges the account or the transaction is cancelled. If an Order is cancelled (for example, because our fraud detection system has detected a possible irregularity), any pre-authorisation may still appear in your account as a pending transaction for a period of time, which will vary depending on your financial institution (e.g.: 7 to 30 days). After such time, the funds will become available again for you to use.
10.9 Goods that you have ordered will not be dispatched to you until your payment for the Goods has cleared. If your payment cannot be processed, your Order will be rejected and we will notify you by email.
11. Cancellation of Orders
11.1 BPH reserves the right to cancel, at any time before delivery and for whatever reason, an Order that it has previously accepted. BPH may do this for example, but without limitation, where:
(a) BPH’s suppliers are unable to supply Goods or Services that they have previously promised to supply.
(b) an event beyond BPH’s control, such as storm, fire, flood, earthquake, terrorism, power failure, war, strike, pandemic, governmental action or failure of computer systems, means that BPH is unable to supply the Goods and Services within a reasonable time.
(c) Goods or Services ordered were subject to an error on the Website, for example, in relation to a description, price or image, which was not discovered prior to the Order being accepted.
(d) you ask BPH to cancel your Order in accordance with section 9.7; or
(e) in the circumstances set out in Sections 7.3 or 10.7.
11.2 You may cancel your Order where BPH:
(a) has breached a material term of this Agreement.
(b) is not able to deliver your Order within a reasonable time of the estimated delivery time listed on the Website for the applicable Selected Delivery Option, other than a result of any delay: (i) for which you are wholly or partly responsible such as a failure to provide the correct delivery address or to pay for the Goods and Services; or (ii) which was outside BPH’s control including the situations set out in Sections 11.1(a) and (b) above.
11.3 Where BPH cancels your Order after acceptance it will send you an email notifying you of cancellation.
11.4 In the event of BPH or you cancelling your Order after payment has been processed, BPH will refund any money paid in respect of that Order. Section 16 of these Terms sets out further information about refunds.
11.5 Except to the extent otherwise required by law (including, without limitation, the Australian Consumer Law) or as expressly set out in these Terms, BPH will not be liable to you, or any other person, for any loss, damage, cost or expense suffered as a direct or indirect result of cancellation of your Order, whether in contract, negligence or any other tort, equity, restitution, strict liability, under statute or otherwise at all.
12. Availability of Goods/Refurbished Stock
12.1 As BPH is dependent upon its suppliers to provide stock, BPH cannot guarantee availability at all times. You acknowledge and agree that, from time to time, certain Goods may be out of stock or unavailable. BPH reserves the right to withdraw or suspend from sale any Goods displayed on the Website, either temporarily or permanently, at any time without notice to you. After you place an Order, if there are any changes in available stock and BPH is unable to fulfil your Order, you will be notified as soon as possible.
12.2 Goods that are shown on the Website as “Refurbished Stock” are Goods which have a cosmetic blemish or imperfection such as a scratch, dent or rub mark, have had a fault that has now been repaired by BPH or the manufacturer, or are ex-display models. All Refurbished Stock is in perfect working order and comes with the standard manufacturer’s warranty in addition to any statutory rights which apply.
13. Delivery
13.1 When you place an Order for Goods to be delivered, you will be required to select one of the available Delivery Options for your Order. An estimated delivery time will be listed for the Delivery Option that you select (“Selected Delivery Option”) for your Order. The estimated delivery time is an approximate delivery time only and is not a guaranteed delivery time for your Order. BPH will use reasonable endeavours to deliver the Goods in your Order by the estimated delivery time for the Selected Delivery Option.
13.2 Risk and title in Goods passes to you on the date and time of delivery of the Goods to the delivery address provided in your Order.
13.3 Goods will generally only be delivered to addresses within Australia. BPH is unable to deliver to certain parts of Australia and where this is the case BPH may elect not to accept your Order at its sole discretion.
13.4 Following dispatch of your Goods, BPH will email you with confirmation of dispatch and an invoice for your Order.
13.5 Where requested, BPH will deliver to PO Boxes or Postal Lockers in Australia where possible based on the size of the Goods. Where it is not possible to deliver the Goods to a PO Box or Postal Locker and you have input a PO Box or Postal Locker as the delivery address when placing your Order, BPH will contact you to arrange an alternative delivery address.
13.6 On delivery you may be required to sign a proof of delivery document. If you are not available to take delivery, we will, at our discretion, either:
(a) take your Goods to our delivery service provider’s local depots.
(b) ask you if you are willing to give us “authority to leave” the Goods at a place that you believe is safe at, or outside, the delivery address.
(c) take your Goods to a BPH nominated alternate delivery point that is close to your delivery address (e.g.: pharmacy, petrol station, post office or newsagent); or
(d) re-deliver your Goods to your delivery address at a later date.
You will receive a text message and/or a calling card at your delivery address containing details of the local depot, alternate delivery point or contact details for you to arrange for re-delivery of your Goods. Please note that if you do not pick up your Goods from the nominated alternate delivery point within the period specified in the text message and/or calling card, your Goods will be taken to one of our delivery service provider’s local depots for you to pick up at your convenience. If you provide “authority to leave”, we will leave the Goods at the agreed place. Risk and title in Goods passes to you at this time and you will bear the risk of any loss or theft of the Goods.
13.7 If you require Goods that you have ordered to be re-directed to an address which is not the original Order address, and such Goods have already been dispatched, BPH will use reasonable endeavours to re-direct the Goods to your requested address and may charge you a reasonable fee for doing this.
14. Customer Collection of Goods from Website Order
14.1 Goods may be picked up from a BPH Distribution Centre rather than being dispatched to you where this option is available for you to nominate when you place your Order.
14.2 BPH will notify you when your Order is available for pick-up at a Distribution Centre and will confirm a collection time with you which may take up to 30 minutes at the Distribution Centre during busy times.
14.3 Only you may pick-up the Goods you ordered from a Distribution Centre, unless you nominate another person to pick-up the Goods on your behalf.
14.4 When picking up Goods at a BPH Distribution Centre:
(a) your Order confirmation and email or SMS confirming Goods are available for pick-up must be presented for collection, and you will be asked to sign that you have received your Goods in good condition.
(b) you (or the relevant person who you nominate to pick-up the Goods on your behalf) must provide photo identification (e.g.: current drivers licence, passport) to BPH staff to verify that the person collecting the goods is either you or the person nominated by you to pick-up the Goods. If requested, you (or the relevant person who you nominate to pick-up the Goods on your behalf) must allow BPH to take a copy of this identification for fraud prevention purposes. The copy will not be used by BPH for any other purpose or disclosed to any person outside of BPH.
(c) BPH staff may also check your signature against the signature on any credit/debit/payment card used to purchase the Goods. You must therefore ensure that you bring this card when picking up the Goods.
(d) BPH staff have the right to refuse collection of Goods if you (or the relevant person who you nominate to pick-up the Goods on your behalf) cannot or will not satisfy the requirements set out above. In this event BPH will contact the person who placed the Order using the contact details provided.
(e) you must ensure your vehicle is appropriate for transporting your Goods. The law requires that the Goods are adequately restrained so you should provide appropriate restraints to safely secure your load.
14.5 BPH accepts no responsibility for any loss, damage or liability suffered by you due to the way in which the Goods are loaded or transported by you. BPH team members may help to load Goods if requested and they believe it is safe to do so, and may provide suggestions to you as to ways to transport your Goods in order to avoid damage. However, you are entirely responsible for ensuring that the Goods are loaded and transported in accordance with relevant road traffic/safety laws and in a way which does not result in damage to the Goods.
15. Delay in Availability or Delivery of Goods
15.1 You agree and acknowledge that:
(a) BPH does not guarantee the dispatch or delivery or availability of Goods within the timeframes set out in Sections 13 and 14 above, estimated delivery times listed for the Delivery Options or the Selected Delivery Option for your Order, or any other timeframes otherwise specified by BPH or any of its staff.
(b) stock availability and events outside BPH’s control (including adverse weather conditions, traffic conditions and governmental action) may cause delays, or in some circumstances, prevent your Goods from being delivered or available for pick-up at a Distribution Centre.
(c) except to the extent expressly set out in these Terms or otherwise required by law (including, without limitation, the Australian Consumer Law), neither BPH nor any of its agents will be liable to you, or any other person, for any loss, damage, cost or expense suffered as a direct or indirect result of any delay in delivery of the Goods to you or delay in the availability of Goods for pick up at a BPH Distribution Centre, whether in contract, negligence or any other tort, equity, restitution, strict liability, under statute or otherwise at all.
16. Refunds
16.1 Where BPH is obliged to refund your payment pursuant to these Terms, BPH aims to initiate your refund to your original payment method(s) within five (5) business days. The additional time that it takes for you to actually receive your refund will depend upon how quickly your financial institution or other payment provider processes the refund. If BPH is obliged to provide you a partial refund of your payment for specific Goods in your Order, we will only refund the component of the Delivery Charge relating to the Goods which are subject to the refund.
17. Returns/Faulty or Damaged Goods
17.1 You should check your Goods as soon as they are delivered to you in order to ensure that: (i) they are what you ordered; and (ii) they are not damaged or faulty. If this is not the case you should contact BPH as soon as possible.
17.2 If you are returning unused and unopened Goods in perfect condition within 30 days due to change of mind:
(a) you should return the Goods to your nearest BPH Distribution Centre or the Distribution Centre from which you collected the Goods.
(b) we will not refund the Delivery Charges and you must pay for us to pick up the Goods if you are unable to return them to the Distribution Centre.
If Goods are unused but have been unpacked, we may, at our absolute discretion, accept return of the Goods in the event of a change of mind provided they are in perfect condition. However, in such cases we will not refund the Delivery Charge, and you must pay for us to pick up the goods and we will apply a restocking fee equal to 20% of the original purchase price.
17.3 When returning Goods:
(a) you must provide BPH with proof of purchase.
(b) it is a requirement for the fulfilment of refunds, exchanges and warranties that you use your best endeavours to return all components and accessories supplied with the Goods at the time of original purchase.
(c) you must also return any Bonus Offers included with the original purchase; and
(d) if you are returning Goods due to a change of mind, the Goods must be in a “re-saleable” condition as determined by BPH.
We encourage you to use the original packaging where possible to avoid damage in transit.
17.4 You may not be entitled to a refund or exchange of Goods solely due to any damage to packaging caused during transit. The packaging exists to protect the Goods themselves.
18. Intellectual Property
18.1 Unless indicated otherwise all content and materials in any format on the BPH Websites and all intellectual property in the Websites is owned or licensed by us.
18.2 Subject to these Terms, you agree that you will not infringe our intellectual property as contained in the Websites and will not modify, copy, republish, mirror, scrape, frame, link, distribute or communicate any part of the Websites or any information contained on or in the Websites without our written consent or otherwise use the Websites in a way which will infringe our intellectual property or other rights.
18.3 We grant you permission to download our copyright material only for private and non-commercial purposes or for purposes necessary for you to purchase or access our Goods and Services. You may only reproduce or use our copyright material for any other purpose with our prior written consent, which may be given subject to such conditions as we in our absolute discretion may impose.
18.4 All rights not expressly granted are expressly reserved to the maximum extent permitted by law.
19. Termination
19.1 The rights granted to you by these Terms may be revoked by BPH at any time, in its sole discretion. We reserve the right to terminate your Account, and your access to the Goods and Services provided by BPH at any time without notice for any reason whatsoever.
19.2 BPH reserves the right to change, suspend or discontinue all or any aspects of the Website at any time without prior notice for any reason whatsoever.
19.3 You may delete your Account at any time, for any reason, by following the instructions on the Websites. Your rights under these Terms will automatically and immediately terminate if you fail to comply with your promises and obligations stated in these Terms.
20. Governing Law
20.1 These Terms are governed by the laws of Victoria, Australia and applicable Federal laws of Australia.
20.2 If any provisions hereof are deemed invalid or unenforceable, they will be severed or construed to reflect, as nearly as possible, the original intention, and the remaining provisions shall remain in full force and effect. No waiver of any provision by us shall be deemed a further or continuing waiver of such provision or any other provision, and our failure to assert any right or provision under these Terms shall not constitute a waiver of such right or provision.
20.3 Any dispute between you and the BPH or any other person arising from, connected with or relating to the Websites, these Terms, or any related matters (collectively “Disputes”) will be resolved before the Courts of Victoria, sitting in Melbourne, and you hereby irrevocably submit and attorn to the original and exclusive jurisdiction of those courts in respect of all Disputes.
21. Additional Terms and Conditions
21.1 If you register as a user, you will specify your login email and create a password. Although BPH has no obligation to verify the actual identity or authority of any person registering to use the Website, BPH may in its sole discretion require proof of the identity of any person seeking to access and use the Website and may deny access to and use of the Website or refuse to accept or act upon any communication from a user.
21.2 If you register as a user, you should not disclose your login password to any other person or let any other person use your login information. You are fully responsible and liable for the security of your login information and any and all use and misuse of such information. If you believe that your login information has been lost or stolen or become known to or used by any other person, you will immediately notify BPH – refer to Contact us.
21.3 The BPH Website and its contents are provided to you on an “as is” and “as available” basis and use of it is at your own risk. BPH and its related companies, affiliates, licensors or licensees, and their respective directors, officers, employees or agents make no representation or warranty as to the accuracy, completeness, currency or reliability of the information contained on the Website (including in relation to any Goods or Services). To the extent permitted by law, none of them will be liable or responsible in any way (including in negligence) for errors in, or omissions from, the information contained on the Websites.
21.4 Any costs associated with downloading, installing, accessing and using the Website remain your responsibility and are dependent on the internet service provider and device hardware and software you own or have contracted to use. You also understand that we cannot and do not guarantee or warrant that the Website or any material available for download via the Website will be free from infection, viruses and/or other code that has contaminating or destructive properties. You accept that you are responsible for implementing sufficient procedures and virus detection methods to satisfy your IT security and threat protection requirements.
21.5 The BPH Websites may include links to other Internet websites or resources, and to businesses operated by Third Party persons that are not operated or controlled by BPH. Accordingly, BPH is not responsible for, and will have no liability for, these other websites, their business, goods, services, or content. If you link to or use any of these other websites, your dealings with the owners or operators of these websites is at your own risk, and you agree that you will not make any claim against BPH arising from your use of any of these other websites.
21.6 The BPH Websites may also utilise social networks or share functionality and may contain social media links, applications or features (including but not limited to Facebook, Twitter or X, and Instagram). Your use of any social media platforms is subject to the particular social media platform's prevailing terms and conditions of use. By using any social media applications or features, you consent and agree to be bound to the particular terms and conditions of use of the social media platform. You are encouraged to review the terms and conditions of use of each social media platform before engaging or interacting with any social media links, applications or features on the Websites.
21.7 You grant BPH an irrevocable, non-exclusive licence to use any material, information and ideas that you transmit to our Websites or otherwise provide to BPH from the time you authorise it to be sent. You agree that we can use and adapt any ideas, concepts, techniques, words, images or other content contained in these transmissions for any purpose and without restriction or compensation.
21.8 The BPH Websites are hosted and operated in Australia, and we make no representation that any content is appropriate for access outside of Australia. Any person who chooses to access the Websites from outside Australia accepts you do so on your own initiative and are responsible for compliance with local laws.
21.9 We ship Goods only to premises or addresses in Australia. It is a requirement that all orders intended for delivery within Australia be placed from within Australia. If an order is placed outside of Australia or is placed using a credit card or payment method with a billing address outside of Australia, then it is considered an overseas or international transaction. We retain the right to either approve or deny any overseas transaction at our sole discretion for any reason.
21.10 Any provision in this agreement 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 shall be severed to the extent of the invalidity or unenforceability, without affecting the remaining provisions of this agreement or affecting the validity or enforceability of that provision in any other jurisdiction.
21.11 Vendors who wish to become a “Registered Vendor” on the Website must additionally agree to be bound by separate “Registered Vendor - Terms and Conditions” to be made available by BPH at its sole discretion.