BRITEX WEBSITE TERMS OF USE

 

 

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”).

 

Terms and Conditions

 

  1. Your Acceptance

A.  By using and/or visiting the BRITEX Website or making any purchase from BRITEX, whether online via the BRITEX Website or otherwise, you agree 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 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 as communicated on the BRITEX Website.

 

  1. Terms and Conditions to apply to all users of the BRITEX Website and all customers of BRITEX

 

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 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. The BRITEX Website is not intended for anyone under 18. If you are under 18 years of age, then please do not use the BRITEX Website.

 

  1. General Use of the BRITEX Website — Permissions and Restrictions

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 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.

 

You are responsible for maintaining the confidentiality of your User Account login information and password. You shall be responsible for all uses of your User Account, whether or not authorized by you.

B.  BRITEX grants you permission to access and use the BRITEX Website, provided that you do not:

i) 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) 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) use the BRITEX Website for any commercial use, without the prior written authorization of BRITEX. Prohibited commercial uses include (but are not limited to):

 

  • sale of access to the BRITEX Website;
  • use of the BRITEX Website for the primary purpose of gaining advertising or subscription revenue;
  • the sale of advertising, on the BRITEX Website or any third-party website, targeted to the content of specific User Submissions or BRITEX Content; and
  • any use of the BRITEX Website that use BRITEX’s resources or User Submissions to compete with or displace the market for BRITEX, the BRITEX Content or User Submissions.

iv) 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.

 

v) collect or harvest any personally identifiable information from the BRITEX Website.

vi) solicit any users of the BRITEX Website with respect to their User Submissions.

 

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.

 

BRITEX reserves the right to discontinue any aspect of the BRITEX Website at any time without notification.

 

  1. Payment terms, delivery and returns

A.  Online payments are made via our secure Paypal account. Paypal accepts Visa, Mastercard, direct deposit and some debit cards.

B.  Orders will not be despatched until funds have cleared into our account.

C.  The shipping method, postage and packaging costs are as provided on the checkout page of the BRITEX Website.

D.  All products advertised on the BRITEX Website are subject to availability.

E.  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.

F.  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.

G.  Risk of loss and title for the product(s) pass to you upon dispatch from our warehouse to the delivery carrier.

H.  You should inspect the product(s) immediately upon receipt at your nominated delivery address and you must notify BRITEX within five (5) working days of delivery of any shortfall, damage or incorrect orders.

I.  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).

J.  BRITEX goods come with guarantees that cannot be excluded under the Australian Consumer Law (ACL). You are entitled to a replacement or refund for a major failure and for compensation for any other reasonably foreseeable loss or damage. You are also entitled to have the goods repaired or replaced if goods fail to be of acceptable quality and the failure does not amount to a major failure. If a product received by you is damaged or faulty, promptly cease use of the product and contact us by email at customerservice@britex.com or phone on 1800 804 973 or write to us at Building 10, 25-37 Chapman Street, Blackburn North, 3130 to organise for the faulty product to be returned, then return the faulty product with your proof of purchase attached and a written reason detailing the fault or damage and your contact details. Once returned to BRITEX, if we reasonably assess that your returned product is in fact faulty/damaged, to the extent that it constitutes a ‘major failure’, and/or in breach of any statutory or express warranty, 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, you may select another stocked product of the same purchase price, or you can opt for a refund of the purchase price of the faulty product. The replacement product will be sent at no charge, as soon as possible, after we receive your faulty or damaged product. Any faulty or damaged product(s) must be complete. 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.

 

K.  BRITEX does not replace or refund for products as a result of a change of mind, so please choose carefully.

 

  1. Your Use of BRITEX Content and User Submissions on the Site

 

In addition to the general restrictions above, the following restrictions and conditions apply specifically to your use of content accessible on the BRITEX Website.

A.  Excluding any User Submissions, all content on the BRITEX Website, including without limitation:

  1. the registered and unregistered trademarks, service marks and logos contained therein (“BRITEX Trade Marks”);
  2. software, source code, scripts, imagery, graphics, photos, sounds, music, videos, and any other intellectual property;

 

(collectively, the “BRITEX Content”), are owned by or licensed to BRITEX, and are subject to copyright and other intellectual property rights under the law. BRITEX Content is provided to you AS IS for your information and personal use only and may not be downloaded, copied, reproduced, distributed, transmitted, broadcast, displayed, sold, licensed, or otherwise exploited for any other purposes whatsoever without the prior written consent of the respective owners. BRITEX reserves all rights not expressly granted in and to the BRITEX Website and the BRITEX Content.

B.  You may access BRITEX Content and User Submissions solely:

 

  • for your information and personal use;
  • as intended through the normal functionality of the BRITEX Website; and
  • as permitted by these Terms and Conditions.

C.  User Submissions and the BRITEX Website are made available “as is”.

D.  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.

E.  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.

F.  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.

 

  1. “User Submissions” and User Conduct

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, 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:

 

  1. you own or have the necessary licenses, rights, consents, and permissions to use and authorize BRITEX to use all patent, trademark, trade secret, copyright or other proprietary rights in and to any and all User Submissions to enable inclusion and use of the User Submissions in the manner contemplated by the BRITEX Website and these Terms and Conditions;
  2. you will not submit any User Submissions that are unlawful, fraudulent, inaccurate, false, misleading or deceptive, or that BRITEX may deem to be in breach of any intellectual property, trade secret, privacy, publicity or other rights, defamatory, obscene, derogatory, pornographic, sexually inappropriate, violent, abusive, harassing, threatening, hateful, discriminatory, objectionable with respect to race, religion, origin or gender, not suitable for children aged under 15, or otherwise unsuitable for publication;
  3. you will obtain prior consent from any person or property that may appear in your User Submission;
  4. to the extent applicable to your User Submission, your User Submission will reflect your actual, current and valid views and opinions at the time of submission and will not amount to a false testimonial;
  5. your User Submission shall not contain viruses or cause injury or harm to any person or entity; and
  6. you will comply with all applicable laws and regulations, including without limitation, those governing copyright, content, defamation, privacy, publicity and the access or use of others’ computer or communication systems.

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, sublicenseable 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.

F.  BY SUBMITTING CONTENT TO ANY COMMENT AREAS, EXPERT AREAS, QUESTION AND ANSWER OR DISCUSSION FORUMS, SWEEPSTAKES, CONTESTS OR ANY OTHER AREA ON THE BRITEX WEBSITES, YOU HEREBY EXPRESSLY PERMIT BRITEX TO IDENTIFY YOU AS THE CONTRIBUTOR OF SUCH CONTENT IN ANY PUBLICATION IN ANY FORM, MEDIA OR TECHNOLOGY NOW KNOWN OR LATER DEVELOPED IN CONNECTION WITH THE CONTENT, UNLESS YOU OTHERWISE NOTIFY BRITEX IN WRITING AT THE TIME YOU SUBMIT THE CONTENT THAT YOU DO NOT WISH TO BE IDENTIFIED.

 

  1. Warranty Disclaimers

 

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 MACHINES OR OTHER 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 OR USER SUBMISSIONS 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.

 

  1. Limitation of Liability

 

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 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 BRITEX 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 FOR BREACH 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 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.

 

  1. Indemnity

 

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.

 

  1. Assignment

 

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.

 

  1. General

 

These Terms and Conditions, together with the Privacy Policy (at https://britex.com/privacy-policy/) 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 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.