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Need Help? Our Customer Service team are available 9am - 5pm Monday to Friday and 10am - 5pm Saturday, Sunday & Public Holidays!
FOR YOUR CONVENIENCE, A HARD COPY OF THESE TERMS AND CONDITIONS CAN ALSO BE VIEWED IN STORE.
By providing the SMS verification code to the store assistant the hirer is entering into a legally binding and enforceable contract with the owner.
These Conditions apply to all hires by the Owner to the exclusion of any other conditions proposed by the Hirer or the Agent. No variation or cancellation of any of these Conditions will be binding on the Owner unless agreed by an authorised officer of the Owner in writing.
These Conditions may be changed by the Owner for future Contracts at their absolute discretion upon notice. The Owner will give notice to the Hirer by way of:
a) email to their supplied email address;
b) publication of amended terms on their website www.britex.com or www.rugdoctor.com.au; and/or
c) publication or display at a supplying premises of the Product.
All of which will be automatically deemed to be sufficient notice. Changes will only apply to Contracts entered into after the amendments have been sufficiently notified as stated above.
1.1. Agent shall mean a hire outlet authorised by the Owner only;
1.2. Conditions shall mean these conditions or as varied from time to time;
1.3. Contract shall mean this contract or as varied from time to time;
1.4. Hire Fee shall mean the amount due under this Contract for the hire of the Product;
1.5. Hirer shall mean the person named on the Tax Invoice page (“Tax Invoice”) and in the event that more than one person is named as the Hirer, then each of those persons jointly and severally;
1.6. Owner shall mean either Britex Carpet Care Pty Ltd ABN: 80 093 729 787 or Carpet Machine Hire Pty Ltd ABN: 79 008 665 932 as may be stipulated on the Tax Invoice;
1.7. Product shall mean the equipment referred to on the Tax Invoice and any accessories or chemicals supplied at the time of hire as indicated;
1.8. Hire Period shall mean the period covered by the payment of advance hire commencing with the hire date and time on the Tax Invoice and concluding at the end of the hire period covered by such payment when the Product is delivered by the Hirer to the Owner/Agent;
1.9. Single and plural words used in this Contract in the singular, where the context so permits, shall be deemed to include the plural and vice versa. The definitions of words in the singular in this Contract shall apply to such words when used in the plural where the context so permits and vice versa.
2.1. Allow the Hirer to use the Product for the Hire Period; and
2.2. Provide the Product to the Hirer in good order and working condition.
3.1. The Owner or the Agent hold the right at any time during the Hire Period to verbally or otherwise demand that the Product be returned to the Owner or the Agent, and the Hirer agrees that in the event any such demand is made, the Hirer will do all things necessary as required by the Owner or the Agent to deliver said Product immediately to the Owner or the Agent. Failure to comply with this demand will result in the Product being reported stolen and legal action taken to recover it and any outstanding Hire Fees; and
3.2. The Owner or its Agent may install and employ GPS and tracking device technology to monitor the location of the Product, which may be disclosed to third parties including the police and court officers, for the purpose of enforcing this Contract.
4.1. The Hirer will:
i. Provide accurate identification and contact details upon request, and warrant that any such details provided by the Hirer are that of only the Hirer;
ii. Return the Product to the Owner or the Agent at the end of the Hire Period or pursuant to any demand/s by the Owner or the Agent;
iii. Pay the Hire Fee and any other amounts to the Owner when due under this Contract;
iv. Return the Product in a clean condition and good repair;
v. Use the Product in a careful and prudent manner according to the instructions on the equipment, website, user guide, Product label, or direction otherwise provided by the Owner and/or Agent;
vi. Call the “customer help line” immediately if correct operation of the Product is in doubt;
vii. In the event of a breakdown or failure of the Product, return the Product to the Agent (at the Hirer’s expense) and do not attempt to repair the Product;
viii. Conduct a thorough hazard and risk assessment before using the Product and ensure it is suitable for use; and
ix. Comply with all Occupational Health and Safety Laws when using the Product, and ensure the Product is used with RCD switches (premises fuse box safety switches).
4.2. The Hirer will NOT:
i. Loan, sub-let, mortgage, charge, encumber or otherwise part with possession of the Product without prior written consent of the Owner or its Agent; or
ii. Use the Product for commercial purposes.
5.1. The Hirer will be responsible for, and indemnifies the Owner against, any loss or damage to the Product irrespective of how the loss or damage occurred (fair wear and tear and defects excepted) during the Hire Period;
5.2. Theft of the Product does not limit the Hirer’s liability under this clause.
6.1. On or before entering into this Contract, the Hirer must pay the Owner or its Agent the amounts set out on the Tax Invoice, including any deposit or bond required by the Owner or its Agent;
6.2. The Hirer will be required to provide credit card details to fulfil its obligations under this Contract;
6.3. In the event of any breach of this Contract whatsoever, the Hirer will pay the Owner on demand:
i. The amount of any additional or late charges which accrue by virtue of the Hirer’s failure to return the Product on completion of the Hire Period at calculated or prevailing rates and any other amounts which the Hirer may become liable to pay under this Contract;
ii. Full replacement value of the Product if it is lost, destroyed or otherwise unable to be delivered to the Owner or the Agent on demand that the Product be returned;
iii. All costs incurred in recovering possession of the Product;
iv. All costs incurred in cleaning the Product;
v. The cost of any damage and/or repairs suffered by the Product during the Hire Period, whether damage arose through accident, neglect, misuse or any other cause whatsoever by the Hirer or any other person; and/or
vi. Any Hiring Fee calculated at the prevailing rate for any such period when the Product is unable to be hired out by the Owner due to any breach of this Contract whatsoever.
6.4. In the event of any breach of this Contract whatsoever, the Owner or its Agent may hold any deposit or bond paid until all amounts due are paid.
6.5. Without limiting the recovery of any amounts owing to the Owner, the Hirer authorises the Owner or its Agent to charge any amounts owing to any credit card or account details that are provided by the Hirer to the Owner or its Agent.
6.6. If the Hirer defaults in payment of any fees or charges under this Contract, the Owner or its Agent may give information about the Hirer to a credit reporting body to allow the credit reporting body to create or maintain a credit information file or to list the default and debt on a credit information file.
7.1. If a Hirer breaches any clause whatsoever of this Contract and does not remedy the breach within 7 days’ notice from the Owner or its Agent requiring the Hirer to do so, then the Owner, its Agent and/or any law enforcement officer shall be entitled to:
i. Terminate this Contract;
ii. Repossess the Product (and are authorised to lawfully enter any premises where the Product is located to do so);
iii. Sue for recovery of all monies owing by the Hirer and any damages suffered as a result of the breach; and/or
iv. Report conduct to the appropriate law enforcement authorities for criminal conviction in a manner consistent with the information contained in the Notice to Hirer at the end of this Contract.
7.2. The Hirer will be liable to pay all legal expenses incurred by the Owner or the Agent in the event that any legal action is required to enforce observance or rectify a breach by the Hirer of this Contract including any action taken by the Owner or the Agent to recover any amounts due to be paid hereunder.
7.3. The Hirer indemnifies the Owner and/or Agent in respect of any damages, costs or loss to the extent caused or contributed by the Hirer resulting from a breach of this Contract.
8.1. To the extent permitted by law the Owner disclaims all liability for and does not give any warranties to the Hirer as to the condition of the Product, subject Product free of any defects that would prevent the Product operating as described. For clarity, nothing in this Contract limits any applicable consumer guarantees that apply at law.
8.2. To the extent permitted by law the Owner or the Agent shall not be held responsible for any accident, illness (including without limitation the coronavirus disease known as SARS-CoV-2 or COVID-19) or damage whatsoever and howsoever arising to the person or property of the Hirer or any other person whatsoever resulting directly or indirectly from the Product or it use, and the Hirer also agrees to absolve and indemnify the Owner and the Agent from and against all responsibility or obligation relating to any damage unless the accident or damage arises out of a negligent act or default of the Owner or the Agent, and in that event the Owner or the Agent shall only be liable for direct damages and not consequential loss. In any event, any such liability referred to in this clause shall be reduced in proportion to the extent it was contributed to by the negligent act or omission of the Hirer or those using the Product at that time.
9.1. The Owner and/or its Agent collects personal information (PI) in order to provide its Product and may, for this purpose, disclose such PI to third parties, including but not limited to agents, contractors, police, service providers who offer products or services that may reasonably be of interest to the Hirer, and, as required, to Australian regulatory authorities. Product hire is conditional on providing this PI. The Owner will also use and handle PI as set out in its Privacy Policy, which can
be viewed at www.britex.com/privacy-policy or www.rugdoctor.com.au/privacy-policy. In addition to any use that may be outlined in the Owner’s Privacy Policy, the Owner and/or its Agents may, for an indefinite period, unless otherwise advised, use the PI for promotional, marketing, publicity, research and profiling purposes, including sending electronic messages or telephoning the Hirer. The Privacy Policy also contains information about how Hirers may opt out, access, update or
correct their PI, how Hirers may complain about a breach of the Australian Privacy Principles or any other applicable law and how those complaints will be dealt with. Unless otherwise indicated by the Owner, the Owner may disclose PI to entities outside of Australia (for a list of the countries, see the relevant Owner’s Privacy Policy at either www.britex.com/privacy-policy or www.rugdoctor.com.au/privacy-policy/ as applicable).
10.1. If any provision of this Contract is wholly or partly invalid, unenforceable, illegal, void or voidable, this Contract must be construed as if that provision or part of a provision had been severed from this Contract and the parties remain bound by all of the provisions and part provisions remaining after severance.
11.1. This Contract will be governed and constructed in accordance with the laws of Victoria, Australia, and the Hirer submits to the exclusive jurisdiction of the courts of Victoria, Australia for determination of any dispute claim or demand arising out of this Contract.
12.1. The Hirer understands that this Contract constitutes a ‘security agreement’ pursuant to the definition outlined in the Personal Property Securities Act 2009 (Cth) (PPSA), which will create a ‘security interest’ in relation to the Product in favour of the Owner.
12.2. The Hirer understands that the Owner may register and obtain a security interest in the Product in connection with this Contract and the Hirer will assist the Owner with such registration where required, including ensuring that the security interest is enforceable, perfected or otherwise effective and has the highest priority possible under law.
12.3. In accordance with this Contract, the Hirer must not register, obtain or take any steps to register or obtain any security interest in the Product.
THE HIRER HEREBY ACKNOWLEDGES without limiting what is otherwise set out above in these Conditions:
1) They have read and understood the Conditions, and the obligations upon them and the rights of the Hirer that appear above;
2) By accepting this Contract the Hirer is entering into a legally binding and enforceable contract with the Owner;
3) That the product has been received in good order and condition from the Agent;
4) That the Product is and remains the property of the Owner at all times;
5) There is no lawful reason or excuse for the Hirer to retain the Product after the conclusion of the Hire Period or after the Hirer is required to return the Product as provided for under this Contract;
6) Product is for domestic or private use only and must not be used for commercial purposes, in particular and without limitation the Hirer will not use or permit others to use the Product:
a) in relation to the conduct of a cleaning business or any other business;
b) at any place where work is performed by an employee, independent contractor or employer; and
7) PI may be disclosed to third parties and authorities as required, as outlined in the Owner’s Privacy Policy. PI may also be used for marketing purposes and as further set out in clause 9 above. If PI is not provided the Product cannot be hired. The Owner’s Privacy Policy contains details on how information is used, how held information may be accessed/corrected and the privacy complaints process. Unless otherwise indicated by the Owner, the Owner may disclose PI to entities outside of Australia. If PI is disclosed to an entity located outside of Australia, the Owner shall do so only after taking all reasonable steps to ensure that the third party or other entity will abide by all relevant Australian privacy laws as well the Owner’s and/or the Agent’s Privacy Policy. By entering this Contract, Hirers consent to the overseas transfer on these terms as permitted by the Australian Privacy Principles and agree that the Owner, to the full extent permitted by law, will not be liable for any unauthorised access or use of PI. For further information and a list of countries please see the relevant Owner’s Privacy Policy at either www.britex.com/privacy-policy or www.rugdoctor.com.au/privacy-policy/ as applicable. The Hirer can opt-in to receive marketing materials from the Owner via the checkbox on the Tax Invoice or alternatively, the Hirer can opt-out of receiving marketing material from the Owner via the method set out in the Owner’s Privacy Policy.
a) Loss of deposit, and/or
b) Liability for cleaning charges.
FAILURE TO RETURN THE PRODUCT IN ACCORDANCE WITH THIS CONTRACT MAY BE A CRIMINAL OFFENCE and result in conviction for theft under Section 74 of the Crimes Act 1958 (VIC) or other similarly relevant provisions of the Crimes Acts including, but not limited to, the sections of the legislation in the other States and
Territories listed below:
(Collectively referred to below as the ‘Crimes Act’).
The Hirer should take notice that:
i. by failing to return the Product in accordance with this Contract, the Hirer may have assumed the rights of the Owner and may therefore have illegally appropriated the Product within the meaning of the Crimes Act;
ii. if the Hirer’s intention is to treat the Product as the Hirer’s own to dispose of regardless of the Owner’s rights, the Hirer is nevertheless to be regarding as having the intention of permanently depriving the Owner of the Product under the Crimes Act; and
iii. THE OWNER MAY REPORT such conduct and may seek to have the Hirer charged with offences for any breaches of the Crimes Act, and this Contract including this Notice will be relied on by the Owner in support of such a prosecution and/or in support of a claim for compensation under section 86(1) of the Sentencing Act 1991 (VIC) (or any similarly relevant ‘legislation in force throughout Australia) or any civil claim for damages.
A PERSON FOUND GUILTY OF THEFT IS GUILTY OF AN INDICTABLE OFFENCE AND LIABLE TO LEVEL 5 IMPRISONMENT (10 YEARS MAXIMUM) WHERE LAW ENFORCEMENT OFFICER RESERVES THE RIGHT TO ENTER ANY PREMISES TO REPOSSESS REACH OF ANY PROVISION OF THIS CONTRACT.
The website “www.britex.com” (the “Britex Website”) and the “Britex” business are owned and operated by Britex Carpet Care Pty Ltd ABN 80 093 729 787 (“Britex”).
A. By using and/or visiting the Britex Website or making any purchase from Britex you signify your agreement to
(1) these terms and conditions (the “Terms and Conditions”), and
(2) Britex’s privacy policy (the “Privacy Policy”), found at https://britex.com/privacy-policy/. If you do not agree to any of these Terms and Conditions, or you are not satisfied with the Privacy Policy, do not use the Britex Website or make a purchase from Britex.
B. Britex may, in its sole discretion, modify or revise these Terms and Conditions, the Privacy Policy, or any of its other policies at any time without notification, and you agree to be bound by such modifications or revisions. Britex recommends periodically revisiting the Terms and Conditions to ensure you are kept up to date with any changes made. Nothing in these Terms and Conditions shall be deemed to confer any third-party rights or benefits.
These Terms and Conditions apply to all customers of Britex and all users of the Britex Website, including but not limited to users that place orders on the Britex Website, or contribute any content (including testimonials and reviews) via the Britex Website.
By using and/or visiting the Britex Website, you affirm that you are either 18 years of age or older, or an emancipated minor, or possess legal parental or guardian consent. You also affirm that you are fully able and competent to enter into the terms, conditions, obligations, affirmations, representations, and warranties set forth in these Terms and Conditions, and to abide by and comply with these Terms and Conditions. In any case, you affirm that you are aged 13 years or over, as the Britex Website is not intended for children under 13. If you are under 13 years of age, then please do not use the Britex Website.
A. You may be required to create an account (“User Account”) before you can access certain parts of the Britex Website, such as purchasing functionality.
You must provide complete and accurate information when creating a User Account. You cannot use another person’s User Account and must immediately notify us of any unauthorised use of your User Account.
Britex reserves the right to immediately suspend and/or de-activate your User Account, and ban you from using the Britex Website in the future, if misleading, inaccurate, false or fraudulent information is provided during User Account creation or use and/or sign in, or if we reasonably believe that your User Account is used or intended to be used for fraudulent or illegal purposes.
Britex reserves the right to co-operate with any legal order, direction or request to disclose the identity or other information, including relating to anyone submitting User Submissions which violates any law.
B. Britex hereby grants you permission to access and use the Britex Websiteas set forth in these Terms and Conditions, provided that:
i) You agree not to distribute in any medium any part of the Britex Website, including but not limited to Britex Content or User Submissions (all terms as defined below), without Britex’s prior written authorization.
ii) You agree not to access User Submissions or Britex Content through any technology or means other than the provided functionality of the Britex Website itself, or other explicitly authorized means Britex may designate.
iii) You agree not to use the Britex Website for any commercial use, without the prior written authorization of Britex. Prohibited commercial uses include (but are not limited to) any of the following actions taken without Britex’s express approval:
iv) You agree not to use or launch any automated system (including but not limited to “robots,” “spiders,” or “offline readers”), that access the Britex Website in a manner that sends more request messages to the Britex servers in a given period of time than a human can reasonably produce in the same period by using a conventional on-line web browser. You agree not to collect or harvest any personally identifiable information from the Britex Website, for any commercial solicitation purposes. You agree not to solicit, for commercial purposes, any users of the Britex Website with respect to their User Submissions.
v) In your use of the Britex Website, you will otherwise comply with these Terms and Conditions, and all applicable local, national, and international laws and regulations.
vi) Britex reserves the right to discontinue any aspect of the Britex Website at any time without notification.
A. Online payments can be made via Visa or Mastercard credit card using a third-party payment provider, or other such payment methods made available by Britex from time to time, including, but not limited to, PayPal. If you are directed to a third-party website to complete payment, you should familiarise yourself with the terms and conditions of that third party before making any payment. Britex does not hold any financial information. If your payment cannot be verified, is invalid or otherwise unacceptable, your order may be suspended or cancelled automatically. Any problems with respect to payment for your order is not the responsibility of Britex and should be resolved with the payment provider.
B. Orders will not be despatched until funds have cleared into our account.
C. All orders are sent out via a combination of carriers including Australia Post, Jet Couriers and Direct Freight. All postage and packaging costs for all deliveries are as provided on the checkout page of the Britex Website, or as confirmed in writing with you.
D. All products advertised on the Britex Website are subject to availability.
E. Britex reserves the right to impose quantity limits on any order, reject all or any part of an order, cancel all or any part of an order, and to discontinue products without notice, even if you have already placed your order.
F. The price payable for any products or services is the price specified on the Britex Website at the time of placing the order. Prices displayed are subject to change at any time.
G. Any order placed on the Britex Website is an offer by you to purchase a particular product for the price specified at the time you place your order. You acknowledge by placing an order, you are agreeing to pay for and accept delivery of the product(s) ordered.
H. Britex is based in Australia. Britex makes no warranties that its good or services are available for use in other locations. Should you choose to access or use the Britex Website from locations outside Australia, you do so at your own risk and are responsible for compliance with all applicable laws, rules and regulations or other applicable terms or policies of Britex as made available from time to time. International customers will be liable for any customs charges, duties, or tariffs for their destination country. International customers order at their own risk.
I. Risk of loss and title for the product(s) pass to you upon dispatch from our warehouse to the delivery carrier.
J. You should inspect the product(s) immediately upon receipt at your nominated delivery address and you must notify Britex within seven (7) working days of delivery of any shortfall, damage or incorrect orders.
K. Britex is not responsible for any delay in delivery of any products caused by, or in any way connected with, any other cause beyond the reasonable control of Britex (including but not limited to shortfall of supplies, strikes, industrial disputes).
L. If a product received by you is damaged or develops a fault after purchase, promptly contact us by email at cu*************@****ex.com to organise for the faulty product to be returned, then return the faulty/damaged product with your proof of purchase attached and a written reason detailing the fault or damage and your contact details. Our goods come with guarantees that cannot be excluded under 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. If the problem is not major, Britex will repair the item within a reasonable time at no cost to you. If the item is not repaired within a reasonable time, you may choose a refund or replacement Nothing in these Terms and Conditions reduces or limits your rights under the Australian Consumer Law. Once returned to Britex, if we reasonably assess that your returned product has a major problem, at your election, we will either provide a refund of the purchase price of the faulty product (including reimbursement for the postage costs incurred by you to return your faulty/damaged product to us) OR we will replace your product with an identical product and also arrange to reimburse you for the postage costs incurred by you to return your faulty/damaged product to us. If we are unable to replace the product with an identical product, you may select another stocked product of the same purchase price. Alternatively, you may choose to keep the product, and we will compensate you for the drop in value of the product. The replacement product will be sent at no charge, as soon as possible, after we receive your faulty or damaged product. Returns will not be accepted by Britex if the fault or damage to the product has been caused by accident or by misuse by either you or a third party or if the product has been modified or tampered with in any way by you or a third party.
M. If you receive the wrong product, promptly contact us by email at cu*************@****ex.com with your proof of purchase, description of the product and photographic evidence. Once we have determined that the wrong product was delivered, we will organise with you for the wrong product to be returned to Britex. Nothing in these Terms and Conditions reduces or limits your rights under the Australian Consumer Law. Once returned to Britex, we will replace the wrong product with the correct product you ordered and also arrange to reimburse you for the postage costs incurred by you to return the wrong product to us. If we are unable to replace the product with the product originally ordered, you may select another stocked product of the same purchase price, or you can opt for a refund of the purchase price of the correct product you ordered. The correct product will be sent at no charge, as soon as possible, after we receive the incorrect product.
N. Britex accepts returns if you have changed your mind or made an incorrect purchase (“Change of Mind”). Change of Mind returns will only be accepted within thirty (30) days of purchase. Products must be unused, in their original packaging and in re-saleable condition. Proof of purchase is required for Change of Mind returns. Refunds provided exclude any postage or freight costs. You are solely responsible for any postage or freight costs associated with returning the Change of Mind product to Britex. Change of Mind returns without an RA number (defined below) may not be accepted.
O. How to return an item: contact our customer service team by email at cu*************@****ex.com and request a return. You will be provided a Return Authorisation (“RA”) number. Clearly quote the RA number on the outside of your package and send back the item to Britex as instructed. Once received, Britex will inspect the item and notify you of the outcome. Refunds will be processed back to the original method of payment, unless otherwise agreed between you and Britex.
In addition to the general restrictions above, the following restrictions and conditions apply specifically to your use of content accessible on the Britex Website.
B. You may access Britex Content and User Submissions solely:
C. User Submissions and the Britex Website are made available “as is”.
D. You may access Britex Content, User Submissions and other content only as permitted under these Terms and Conditions.
E. You agree to not engage in the use, copying, or distribution of any of the Britex Content or User Submissions other than expressly permitted herein, including any use, copying, or distribution of the Britex Content or User Submissions obtained through the Britex Website for any commercial purposes.
F. You agree not to circumvent, disable or otherwise interfere with security-related features of the Britex Website or features that prevent or restrict use or copying of any Britex Content or User Submissions or enforce limitations on use of the Britex Website or the Britex Content or User Submissions therein.
G. You understand that when using the Britex Website, you will be exposed to User Submissions from a variety of sources, and that Britex is not responsible for the accuracy, usefulness, safety, or intellectual property rights of or relating to such User Submissions. You further understand and acknowledge that you may be exposed to User Submissions and Britex Content that may be inaccurate, or for whatever reason objectionable, and you agree to waive, and hereby do waive, any legal or equitable rights or remedies you have or may have against Britex with respect thereto, and agree to indemnify and hold Britex, its owners/operators, affiliates, and/or licensors, harmless to the fullest extent allowed by law regarding all matters related to your use of the Britex Website.
A. As a Britex Website user you may submit content (“User Submissions”)from time to time through the functionality of the Britex Website, including by providing testimonials or reviews. You understand that whether or not such User Submissions are published on the Britex Website is at the discretion of Britex. Britex does not guarantee any confidentiality with respect to any User Submissions.
B. You shall be solely responsible for your own User Submissions and the consequences of posting or publishing them, and Britex will have no liability in this regard, to the full extent permitted by law. In connection with User Submissions, you affirm, represent, and/or warrant that:
C. For clarity, you retain all of your ownership rights in your User Submissions. However, by submitting User Submissions to Britex, you hereby grant Britex a worldwide, non-exclusive, royalty-free, sub-licenseable and transferable license to use, reproduce, distribute, prepare derivative works of, display, and perform the User Submissions in connection with the Britex Website and Britex’s (and its successors’ and affiliates’) business, including without limitation for promoting and redistributing part or all of the Britex Website (and derivative works thereof) in any media formats and through any media channels. You also hereby grant each user of the Britex Website a non-exclusive license to access your User Submissions through the Britex Website, and to use, reproduce, distribute, display and perform such User Submissions as permitted through the functionality of the Britex Website and under these Terms and Conditions. The above licenses granted by you in User Submissions terminate within a commercially reasonable time after you remove or delete your User Submissions from the Britex Website. You understand and agree, however, that Britex may retain, but not display, distribute, or perform, server copies of User Submissions that have been removed or deleted.
D. If you have any moral rights (or similar rights) in respect of User Submissions that you submit, you consent to Britex using the User Submissions from time to time in any way we wish (even if that use is contrary to those rights), including making material alterations thereto and exploiting them with or without attribution, however Britex will not make material alterations to any review or testimonial provided. Immediately on such moral rights beginning to exist, you waive your right to enforce those rights in perpetuity, to the maximum extent permitted by law. If any other person has moral rights in respect of User Submissions that you submit, you must ensure that they agree to the above before you submit the User Submissions.
E. Britex does not endorse any User Submission or any opinion, recommendation, or advice expressed therein, and Britex expressly disclaims any and all liability in connection with User Submissions. Britex does not permit copyright infringing activities or infringement of any other intellectual property rights on its Britex Website, and Britex will remove any User Submission if Britex is properly notified that such User Submission infringes on another’s intellectual property rights, or if Britex considers the content to be unsavoury or objectionable. Britex reserves the right to remove User Submissions without prior notice, at its absolute discretion.
The Britex Website may contain information from, or hyperlinks and other pointers, to internet websites operated by third parties. We have not reviewed all of the sites linked to the Britex Website and assume no responsibility and accept no liability for the condition or content of third-party websites that may be linked to or accessed from the Britex Website. Any links provided are for your convenience only. We do not authorise or endorse the content of those third-party websites and shall not be liable for any loss arising out of their use. Use of any such linked website is at the user’s own risk.
Please see our Privacy Policy for details about how we store, handle and use any personal information you provide to us.
YOU AGREE THAT YOUR USE OF BRITEX PRODUCTS AND SERVICES AND THE BRITEX WEBSITE SHALL BE AT YOUR SOLE RISK. TO THE FULLEST EXTENT PERMITTED BY LAW, BRITEX, ITS OFFICERS, DIRECTORS, EMPLOYEES, AND AGENTS DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, IN CONNECTION WITH THE BRITEX WEBSITE AND YOUR USE THEREOF OR YOUR USE OF ANY BRITEX PRODUCTS AND SERVICES (i.e. BRITEX PRODUCTS OR SERVICES). TO THE FULLEST EXTENT PERMITTED BY LAW, BRITEX MAKES NO WARRANTIES OR REPRESENTATIONS ABOUT THE ACCURACY OR COMPLETENESS OF THE BRITEX CONTENT AND ASSUMES NO LIABILITY OR RESPONSIBILITY FOR ANY (I) ERRORS, MISTAKES, OR INACCURACIES OF CONTENT, (II) PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER, RESULTING FROM YOUR ACCESS TO AND USE OF THE BRITEX WEBSITE AND THE BRITEX PRODUCTS AND SERVICES, (III) ANY UNAUTHORIZED ACCESS TO OR USE OF OUR SECURE SERVERS AND/OR ANY AND ALL PERSONAL INFORMATION AND/OR FINANCIAL INFORMATION STORED THEREIN, (IV) ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM THE BRITEX WEBSITE, AND/OR (V) ANY ERRORS OR OMISSIONS IN ANY CONTENT OR FOR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF THE USE OF ANY CONTENT POSTED, EMAILED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE VIA THE BRITEX WEBSITE. BRITEX DOES NOT WARRANT, ENDORSE, GUARANTEE, OR ASSUME RESPONSIBILITY FOR ANY PRODUCT OR SERVICE ADVERTISED OR OFFERED BY A THIRD PARTY THROUGH THE BRITEX WEBSITE AND BRITEX WILL NOT BE A PARTY TO OR IN ANY WAY BE RESPONSIBLE FOR MONITORING ANY TRANSACTION BETWEEN YOU AND THIRD-PARTY PROVIDERS OF PRODUCTS OR SERVICES. AS WITH THE PURCHASE OF A PRODUCT OR SERVICE THROUGH ANY MEDIUM OR IN ANY ENVIRONMENT, YOU SHOULD USE YOUR BEST JUDGMENT AND EXERCISE CAUTION WHERE APPROPRIATE.
BRITEX DOES NOT WARRANT THAT THE BRITEX WEBSITE, OR THE SERVERS ON WHICH THE BRITEX WEBSITE ARE HOSTED, ARE FREE OF SOFTWARE VIRUSES OR DEFECTS. ACCORDINGLY, BRITEX IS NOT LIABLE FOR ANY LOSS SUFFERED AS A RESULT OF ANY SUCH VIRUSES OR DEFECTS.
TO THE EXTENT PERMITTED BY LAW, IN NO EVENT SHALL BRITEX, ITS OFFICERS, DIRECTORS, EMPLOYEES, OR AGENTS, BE LIABLE TO YOU FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE, OR CONSEQUENTIAL DAMAGES WHATSOEVER RESULTING FROM ANY (I) ERRORS, MISTAKES, OR INACCURACIES OF CONTENT, (II) PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER, RESULTING FROM YOUR ACCESS TO AND USE OF THE BRITEX WEBSITE OR BRITEX’S PRODUCTS OR SERVICES OR RESULTING FROM THE INITIAL CREATION OF USER SUBMISSIONS, (III) ANY UNAUTHORIZED ACCESS TO OR USE OF OUR SECURE SERVERS AND/OR ANY AND ALL PERSONAL INFORMATION AND/OR FINANCIAL INFORMATION STORED THEREIN, (IV) ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM THE BRITEX WEBSITE, AND/OR (V) ANY ERRORS OR OMISSIONS IN ANY CONTENT OR FOR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF YOUR USE OF ANY CONTENT POSTED, EMAILED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE VIA THE BRITEX WEBSITE, WHETHER BASED ON WARRANTY, CONTRACT, TORT, OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT THE COMPANY IS ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. WHILE THE FOREGOING LIMITATION OF LIABILITY SHALL APPLY TO THE FULLEST EXTENT PERMITTED BY LAW IN THE APPLICABLE JURISDICTION, WHERE CONDITIONS, WARRANTIES OR OTHER RIGHTS ARE IMPLIED IN THIS AGREEMENT OR OTHERWISE CONFERRED BY LAW, AND IT IS NOT LAWFUL OR POSSIBLE TO EXCLUDE THEM, THEN THOSE CONDITIONS, WARRANTIES OR OTHER RIGHTS WILL (BUT ONLY TO THE EXTENT REQUIRED BY LAW) APPLY TO THIS AGREEMENT. AT THE OPTION OF BRITEX, OUR LIABILITY FORBREACH OF IMPLIED CONDITIONS OR WARRANTIES IS LIMITED, TO THE EXTENT PERMITTED BY LAW TO, IF THE BREACH RELATES TO GOODS, (I) THE REPLACEMENT OF THE GOODS OR THE SUPPLY OF EQUIVALENT GOODS, (II) THE REPAIR OF THE GOODS, (III) THE PAYMENT OF THE COST OF REPLACING THE GOODS OR OF ACQUIRING EQUIVALENT GOODS, OR (IV) THE PAYMENT OF HAVING THE GOODS REPAIRED AND, IF THE BREACH RELATES TO SERVICES, (I) THE SUPPLY OF THE SERVICES AGAIN; OR (II) THE PAYMENT OF THE COST OF HAVING THE SERVICES SUPPLIED AGAIN. FOR CLARITY, NOTHING IN THESE TERMS PURPORTS TO OR DOES LIMIT THE APPLICATION OF ANY STATUTORY CONSUMER WARRANTIES OR RIGHTS.
YOU SPECIFICALLY ACKNOWLEDGE THAT BRITEX SHALL NOT BE LIABLE FOR USER SUBMISSIONS OR THE DEFAMATORY, OFFENSIVE, OR ILLEGAL CONDUCT OF ANY THIRD PARTY AND THAT THE RISK OF HARM OR DAMAGE FROM THE FOREGOING RESTS ENTIRELY WITH YOU.
To the extent permitted by law, you agree to defend, indemnify and hold harmless Britex, its officers, directors, employees and agents, from and against any and all claims, damages, obligations, losses, liabilities, costs or debt, and expenses (including but not limited to attorney’s fees) arising from:
(i) your use of and access to the Britex Website and the Britex products and services;
(ii) your violation of any term of these Terms and Conditions;
(iii) your violation of any third party right, including without limitation any copyright, intellectual property, or privacy right; or
(iv) any claim that one of your User Submissions caused damage to a third party. This defence and indemnification obligation will survive these Terms and Conditions and your use of the Britex Website.
Your User Account with Britex and any access to the products and services is and shall remain at the sole and absolute discretion of Britex. Britex reserves the right to change, suspend, remove, discontinue or disable access to the Britex Website at any time and without notice. In no event will Britex be held liable for the removal of or disabling of access to any part or feature of the Britex Website.
Should any provision of these Terms and Conditions be deemed unlawful, void or for any reason unenforceable, then that provision shall be deemed severable from these Terms and Conditions and shall not affect the validity and enforceability of any remaining provisions.
These Terms and Conditions, and any rights and licenses granted hereunder, may not be transferred or assigned by you, but may be assigned by Britex without restriction.
These Terms and Conditions, together with the Privacy Policy (at https://britex.com/privacy-policy/), User Guides and any other legal notices published by Britex on the Britex Website, shall constitute the entire agreement between you and Britex concerning the Britex Website, any purchases made, and your use of the Britex products or services. If any provision of these Terms and Conditions is deemed invalid by a court of competent jurisdiction, the invalidity of such provision shall not affect the validity of the remaining provisions of these Terms and Conditions, which shall remain in full force and effect. No waiver of any term of this these Terms and Conditions shall be deemed a further or continuing waiver of such term or any other term, and Britex’s failure to assert any right or provision under these Terms and Conditions shall not constitute a waiver of such right or provision. Britex reserves the right to amend these Terms and Conditions at any time and without notice, and it is your responsibility to review these Terms and Conditions for any changes. Your use of the Britex Website or purchase of Britex products or services following any amendment of these Terms and Conditions will signify your assent to and acceptance of its revised terms. These Terms and Conditions are made subject to the law in force in the State of Victoria, Australia, and shall be interpreted and enforced by the courts in that jurisdiction, including with respect to any dispute arising under these Terms and Conditions.
Should you have any questions, please contact us here or cu*************@****ex.com.
