Terms & Conditions of Sale

General use of our Website

Bayview Technologies Pty Ltd ABN 35 096 901 049 (BVT) owns and operates this Website.  Goods offered for sale or supply at www.bayviewtech.com.au  or through other addresses or channels are subject to these terms https://bayviewtech.com.au/terms-of-sale/

unless expressly stated otherwise.

By accessing and using the Website, you are agreeing to all the Terms of Service, as may be updated by us from time to time. You should check this page regularly to take notice of any changes we may have made to the Terms of Service.

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

This Website may contain links to other websites (Linked Sites), which are not operated by BVT. BVT has no control over the Linked Sites and accepts no responsibility for them or for any loss or damage that may arise from your use of them. Your use of the Linked Sites will be subject to the terms of use and service contained within each such site.

Privacy Policy

Our privacy policy sets out how we will use your information and can be found at: https://bayviewtech.com.au/privacy-disclaimer/ By using this Website, you consent to our handling any information you provide as described there and warrant that all data you may provide is accurate.

Prohibitions

You must not misuse this Website. You will not do or attempt:

(a)       anything that would constitute a breach of an individual’s privacy (including uploading private or personal information without an individual’s consent) or any other legal rights;

(b)       use of our Site to defame, harass, threaten, menace or offend any person;

(c)       interfere with any user using our Site;

(d)       tamper with or modify our Site, knowingly transmitting viruses or other disabling features, or damaging or interfering with the Website, including (without limitation) using trojan horses, viruses or piracy or programming routines that may damage or interfere with our Site;

(e)       use our Site to send unsolicited email messages;

(f)        attempt to affect the performance or functionality of any computer facilities of or accessed through this Website; or

(g)       facilitate or assist a third party to do any of these prohibited acts.

Breaching this provision may constitute a criminal offence and BVT will report any such breach to the relevant law enforcement authorities and disclose your identity to them.

We will not be liable for any loss or damage caused by a distributed denial-of-service attack, viruses or other technologically harmful material that may infect your computer equipment, computer programs, data or other proprietary material due to your use of this Website or to your downloading of any material posted on it, or on any website linked to it.

Intellectual Property, Software and Content

The intellectual property rights in all software and content (including photographic images) made available to you on or through this Website remains the property of BVT or its licensors and are protected by copyright laws and treaties around the world. All such rights are reserved by BVT and its licensors. You may store, print and display the content supplied solely for your own personal use. You are not permitted to publish, manipulate, distribute or otherwise reproduce, in any format, any of the content or copies of the content supplied to you or which appears on this Website nor may you use any such content in connection with any business or commercial enterprise.

Terms of Sale

By placing an order you are offering to purchase a product on and subject to the following terms and conditions. All orders are subject to availability and confirmation of the order price.

Dispatch times may vary according to availability and subject to any delays resulting from postal delays or force majeure for which we will not be responsible. 

To contract with BVT you must be over 18 years of age and possess a valid credit or debit card issued by a bank acceptable to us. BVT retains the right to refuse any request made by you. If your order is accepted, we will inform you by email and we will confirm the identity of the party which you have contracted with. This will usually be BVT or may in some cases be a third party. Where a contract is made with a third party BVT is not acting as either agent or principal and the contract is made between yourself and that third party and will be subject to the terms of sale which they supply you.

When placing an order, you promise that all details you provide to us are true and accurate, that you are an authorised user of the credit or debit card used to place your order and that there are sufficient funds to cover the cost of the goods. The cost of foreign products and services may fluctuate. All prices advertised are subject to such changes.

(a) Our Contract 

When you place an order, you will receive an acknowledgement e-mail confirming receipt of your order: this email will only be an acknowledgement and will not constitute acceptance of your order. A contract between us will not be formed until we send you confirmation by e-mail that the goods which you ordered have been dispatched to you. Only those goods listed in the confirmation e-mail sent at the time of dispatch will be included in the contract formed.

(b) Pricing and Availability

Whilst we try and ensure that all details, descriptions and prices which appear on this Website are accurate, errors may occur. If we discover an error in the price of any goods which you have ordered we will inform you of this as soon as possible and give you the option of reconfirming your order at the correct price or cancelling it. If we are unable to contact you, we will treat the order as cancelled. If you cancel and you have already paid for the goods, you will receive a full refund.

Delivery costs will be charged in addition to prices shown on the Website; such additional charges are clearly displayed where applicable and included in the total of any invoice raised if you order from the Website.

(c) Payment 

Upon receiving your order, we carry out a standard authorisation check on your payment card to ensure there are sufficient funds to fulfil the transaction. Your card will be debited upon authorisation being received. We will treat money received upon debiting of your card as a deposit against the value of the goods you wish to purchase. Once the goods have been dispatched and you have been sent a confirmation email, the monies paid as a deposit shall be used as consideration for the value of goods you have purchased as listed in the confirmation email.

Disclaimer of Liability

The material displayed on this Website is provided without any guarantees, conditions or warranties as to its accuracy. Unless expressly stated to the contrary to the fullest extent permitted by law BVT and its suppliers, content providers and advertisers hereby expressly exclude all conditions, warranties and other terms which might otherwise be implied by statute, common law or the law of equity and shall not be liable for any damages whatsoever, including but without limitation to any direct, indirect, special, consequential, punitive or incidental damages, or damages for loss of use, profits, data or other intangibles, damage to goodwill or reputation, or the cost of procurement of substitute goods and services, arising out of or related to the use, inability to use, performance or failures of this Website or the Linked Sites and any materials posted thereon, irrespective of whether such damages were foreseeable or arise in contract, tort, equity, restitution, by statute, at common law or otherwise. This does not affect BVT’s liability for death or personal injury arising from its negligence, fraudulent misrepresentation, misrepresentation as to a fundamental matter or any other liability which cannot be excluded or limited under applicable law.

Linking to this Website

You may link to our home page, provided 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. This Website must not be framed on any other site, nor may you create a link to any part of this Website other than the home page. We reserve the right to withdraw linking permission without notice.

Disclaimer as to ownership of trademarks, images of personalities and third-party copyright

Except where expressly stated to the contrary all persons (including their names and images), third party trademarks and content, services and/or locations featured on this Website are in no way associated, linked or affiliated with BVT and you should not rely on the existence of such a connection or affiliation. Any trademarks/names featured on this Website are owned by the respective trademark owners. Where a trademark or brand name is referred to it is used solely to describe or identify the products and services and is in no way an assertion that such products or services are endorsed by or connected to BVT.

Indemnity

You agree to indemnify, defend and hold harmless BVT, its directors, officers, employees, consultants, agents, and affiliates, from any and all third-party claims, liability, damages and/or costs (including, but not limited to, legal fees) arising from your use of this Website or your breach of the Terms of Service.

Variation

BVT has the right, in its absolute discretion, at any time and without notice to amend, remove or vary the Services and/or any page of this Website.

Invalidity

If any part of the Terms of Service is unenforceable (including any provision in which we exclude our liability to you) the enforceability of any other part of the Terms of Service will not be affected all other clauses remaining in full force and effect. So far as possible where any clause or part of it can be severed to render the remaining part valid, the clause shall be interpreted accordingly. Alternatively, you agree that the clause may be rectified and interpreted in such a way that closely resembles the original meaning of the clause or sub-clause as is permitted by law.

Complaints

We operate a complaint handling procedure which we use to try to resolve disputes when they arise. Please let us know if you have any concerns or complaints.

Waiver

If you breach these conditions we are entitled to use our rights and remedies regardless of whether or not we may have previously taken no action in any other similar situation.

Entire Agreement

The above Terms of Service constitute the entire agreement of the parties and supersede all preceding and contemporaneous agreements between you and BVT. Any waiver of any provision of the Terms of Service will be effective only if in writing and signed by the owner of BVT.