call us1300 309 764
0Item(s)

You have no items in your shopping cart.

Product was successfully added to your shopping cart.

Better Hardware Terms of Use

This page (together with documents referred to on it) tells you the terms of use on which you may make use of our website www.betterhardware.com.au (our site). Please read these terms of use carefully before you start to use the site. By using or accessing our site, you indicate that you have read, understood and accept these terms of use and that you agree to abide by them. If you do not agree to these terms of use, you should refrain from using our site.

Information about us

www.betterhardware.com.au is a site operated by Better Hardware Pty Ltd (“we” or “us”). We are registered in Australia under company number 149 756 141.

Accessing our site

Access to our site is permitted on a temporary basis, and we reserve the right to withdraw or amend the service we provide on our site without notice. We will not be liable if for any reason our site is unavailable at any time or for any period. From time to time, we may restrict access to some parts of our site, or our entire site.

You are responsible for making all arrangements necessary for you to have access to our site.  You are also responsible for ensuring that all persons who access our site through your internet connection are aware of these terms, and that they comply with them. 

If you choose, or you are provided with, log-in details, a user identification name, password or any other piece of information as part of our security procedures (log-in information), you must treat such information as confidential and keep it secure, and you must not (a) disclose it to any third party; (b) store such log-in information in any form, whether encrypted or encoded or otherwise, in any location where such information could be copied, utilised or distributed by any other person, virus, software or any other third party; (c) allow or enable a third party to freely access our site via your log-in information. If you are aware of any unauthorised use of your log-in information, or if your log-in information has been compromised or known to a third party, you must immediately notify us. Notice provided by you in these circumstances does not release you from your responsibilities under these terms of use. We have the right to disable any log-in information, whether chosen by you or allocated by us, at any time, if in our opinion you have failed to comply with any of the provisions of these terms of use.

In the process of activating your account to become a registered subscriber, you must provide personal information such as your name, address and an email address. You agree to provide accurate and complete information and to keep us updated of any changes thereto.

When using our site, you must comply with the provisions of our privacy policy.

Pricing and orders

Prices shown on our site are in Australian Dollars (AUD) and are exclusive of GST (unless indicated otherwise). Prices are subject to change effective immediately upon posting to our site or other form of notification.

Once you have made your choice and your order has been placed, you will receive an email acknowledging the details of your order. This email is NOT an acceptance of your order, just a confirmation that we have received it. Unless you cancel your order, acceptance of your order and completion of the contract between you and us will be completed when we email you to confirm the goods have been dispatched and have been handed over to the designated carrier. The sale contract is therefore concluded in Victoria, Australia.

We reserve the right not to accept your order in the event that we are unable to obtain authorisation for payment or that the item ordered is out of stock. We reserve the right to refuse to process or refuse service to anyone at any time at our sole discretion.

Intellectual property rights

We are the owner or the licensee of all intellectual property rights (including, without limitation, trade marks and copyright) in our site, and in the material published on it (including, without limitation, its look and feel, brands, logos and trade marks, information, graphics, photographs, content, images, sounds, music, video, audio, text, layout, logos, button icons and the compilation, arrangement and organisation thereof, and all intellectual property rights contained therein). Those works are protected by intellectual property laws and treaties around the world. All such rights are reserved.

You may print off one copy, and may download extracts, of any page(s) from our site for your personal reference and you may draw the attention of others within your organisation to material posted on our site. You must not modify the paper or digital copies of any materials you have printed off or downloaded in any way. Our status (and that of any identified contributors) as the authors of material on our site must always be acknowledged.

You must not use any part of the materials on our site for commercial purposes without obtaining a licence to do so from us or our licensors. If you print off, copy or download any part of our site in breach of these terms of use, your right to use our site will cease immediately and you must, at our option, return or destroy any copies of the materials you have made.

Information posted

We attempt to be as accurate as possible when describing our products and services on our site, however, to the extent permitted by applicable law, we do not warrant that the product or service descriptions, colours, information or other content available on our site are accurate, complete, reliable, current or error-free.

Commentary and other materials posted on, or via, our site are not intended to amount to advice on which reliance should be placed. We disclaim all liability and responsibility arising from any reliance placed on such materials by any visitor to our site, or by anyone who may be informed of any of its contents and we make no representations or warranties that use of such materials will not infringe the rights of any third parties.

Whenever you make use of a feature that allows you to upload material to our site, such as via a product feedback system, such material will be considered non-confidential and non-proprietary, and we have the right to use, copy, distribute and disclose to third parties any such material for any purpose. You will not take any actions that may undermine, disrupt or manipulate the integrity of our site or our content standards. Though we do not moderate, screen or edit such material, we reserve the right to amend or remove such content where we consider it to be illegal, false or misleading, defamatory, inappropriate, compromising of the integrity of any feedback (rating) system or  otherwise in breach of our content standards.

Our site changes regularly

We aim to update our site regularly, and may change content at any time. If the need arises, we may suspend access to our site, or close it indefinitely. Any of the material on our site may be out of date at any given time, and we are under no obligation to update such material.

Policies & guidelines

You shall comply with our policies and guidelines as apply from time to time. You will also be bound by our Returns Policy and our Shipping and Delivery Policy.

Our liability

The material and content displayed on our site, and any products or services provided therefrom, is provided without any guarantees, conditions or warranties as to its accuracy, reliability, completeness or currency. To the extent permitted by law, we, our directors and employees and third parties connected to us hereby expressly exclude:

  • All conditions, warranties and other terms which might otherwise be implied by statute, common law or the law of equity.
  • Any liability for any direct, indirect or consequential loss or damage incurred by any user in connection with our site or products or in connection with the use, inability to use, or results of the use of our site, any websites linked to it and any materials posted on it, including, without limitation any liability for:
  • loss of income or revenue;
  • loss or interruption of business;
  • loss of profits or contracts;
  • loss of anticipated savings;
  • loss of data;
  • loss of goodwill;
  • wasted management or office time; and

for any other loss or damage of any kind, however arising and whether caused by tort (including negligence), breach of contract or otherwise, even if foreseeable.

This does not affect our liability for death or personal injury arising from our negligence, nor our liability for fraudulent misrepresentation, nor any other liability which cannot be excluded or limited under applicable law.

Without limitation to the foregoing, we acknowledge that the laws in certain jurisdictions including Australia may imply warranties and conditions or impose obligations on the supply of goods and services through or by means of our site which cannot be excluded, restricted or modified except to a limited extent. If any such laws apply, then to the fullest extent permitted by the law of the relevant jurisdiction and in the case of Australia to the extent permitted by the Competition and Consumer Act 2010 (Cth), our liability is limited and if any liability remains it will be limited to any one or more of the following in its sole discretion:

 

  • in the case of any goods, the replacement or repair of the goods, or the supply of equivalent goods, or the payment of the cost of repairing or replacing the goods or supplying equivalent goods; and
  • in the case of any services, the supply of the services again or the payment of the cost of having the services supplied again.

Without limitation to the foregoing, you agree that in no event shall our maximum aggregate liability exceed five hundred dollars (AUD$500.00).

Information about you and your visits to our site

We process information about you in accordance with our privacy policy. In order to make purchases through our site, you will be requested to provide your personal details. In particular, you must provide your real name, phone number, e-mail address, delivery address and other requested information as indicated. Furthermore, when ordering items, you will be required to provide payment details. By entering your payment details you represent and warrant that the payment details you provide on ordering are both valid and correct and you confirm that you are the person referred to in the billing information provided. By using our site, you consent to such processing and you warrant that all data provided by you is accurate.

Viruses, hacking and other offences

You must not misuse our site by knowingly introducing viruses, trojans, worms, logic bombs or other material which is malicious or technologically harmful. You must not attempt to gain unauthorised access to our site, the server on which our site is stored or any server, computer or database connected to our site.

We will not be liable for any loss or damage caused by a virus, system failures or other technologically harmful material that may infect your computer equipment, computer programs, data or other proprietary material due to your use of our site or to your downloading of any material posted on it, or on any website linked to it. We always recommend all users of Internet ensure they have up to date virus checking software installed.

Linking to our site

You may link to our home page, provided you inform us and you do so in a way that is fair and legal and does not damage our reputation or take advantage of it, but you must not establish a link in such a way as to suggest any form of association, approval or endorsement on our part where none exists. You must not establish a link from any website that is not owned by you.

Our site must not be framed on any other site, nor may you create a link to any part of our site other than the home page. We reserve the right to withdraw linking permission without notice. If you wish to make any use of material on our site other than that set out above, please contact us.

Links from our site

Where our site contains links to other sites and resources provided by third parties, these links are provided for your information and convenience only. We have no control over the contents of those sites or resources, and accept no responsibility for them or for any loss or damage that may arise from your use of them. Your linking to or from these sites is at your own risk. You should carefully review the terms and conditions and privacy policies of all off-website pages and other websites that you visit. Links or other connections to these sites do not imply any endorsement of the material on them or any association with their owners, operators or advertising material.  

Force Majeure

We shall not be responsible for any delay, suspension or failure arising out of any circumstances outside of our reasonable control, including but not limited to, acts of God, governmental actions, strikes, lockouts or other labour difficulty, war or national emergency, acts of terrorism, fire, explosion, flood, an act or omission of a third party, inability to obtain any necessary materials, equipment, facilities or services, the failure of performance provided by others, internet interruption or virus, accidents or breakdown of plant, machinery, software, hardware or communication network. 

Jurisdiction and applicable law

Our site is created and controlled by us in the State of Victoria, Australia. As such, the laws of the State of Victoria will govern these terms of use. By using our site you submit to the jurisdiction of the courts of Victoria and agree that any legal action will only be commenced in these forums. Our site is available only to people who can form legally binding contracts under applicable law.

Variations

We may revise these terms of use at any time by amending this page. You are expected to check this page from time to time to take notice of any changes we made, as they are binding on you. Some of the provisions contained in these terms of use may also be superseded by provisions or notices published elsewhere on our site.

Severability

If any provision in these terms of use is found to be invalid or unenforceable by a court of law[appropriate state or territory], such invalidity or unenforceability will not affect the reminder of these terms of use which will continue in full force and effect.

Your concerns

If you have any concerns about material which appears on our site, please contact us.

Thank you for visiting our site.