Terms & Conditions

In these terms and conditions, "we" "us" and "our" refers to Beachkit.com.au (Bingley Eleven Pty Ltd). Your access to and use of all content on this website is provided subject to the following terms and conditions.
We reserve the right to amend this notice at any time and your use of the website following any amendments will represent your agreement to be bound by these terms and conditions as amended. We therefore recommend that each time you access our website you read these terms and conditions.

Registered Users

1. In order to access the services and products available on this website you agree to provide us with information of a personal nature.
2. You agree to ensure that all information you provide us is true and accurate at all times and you undertake to update your details from time to time when they change.
3. Under some circumstances you may be provided with a password to access sections of our website. You agree to keep the password confidential under all circumstances.
4. We reserve the right to terminate your registration at any time if you breach these terms and conditions.

Our Website Services

5. All prices are in Australian Dollars (AUD) and are inclusive of GST. We endeavour to ensure that our prices are current. We reserve the right to amend our prices at any time. If you have placed an order, we reserve the right to cancel your order should our prices change significantly.

Site Access

6. Except as permitted under the Copyright Act 1968 (Cth), you are not permitted to copy, reproduce, republish, distribute or display any of the information on this website without our prior written permission.

Hyperlinks

7. This website may from time to time contain hyperlinks to other websites. Such links are provided for convenience only and we take no responsibility for the content and maintenance of or privacy compliance by any linked website. Any hyperlink on our website to another website does not imply our endorsement, support, or sponsorship of the operator of that website nor of the information and/or products which they provide.
8. You may link our website with our consent. Any such linking will be entirely your responsibility and at your expense. By linking, you must not alter any of our website's contents including any intellectual property notices and you must not frame or reformat any of our pages, files, images, text or other materials.

Intellectual Property Rights

9. The copyright to all content on this website including applets, graphics, images, layouts and text belongs to us or we have a licence to use those materials.
10. All trade marks, brands and logos generally identified either with the symbols TM or ® which are used on this website are either owned by us or we have a licence to use them. Your access to our website does not license you to use those marks in any commercial way without our prior written permission.
11. Any comment, feedback, idea or suggestion (called "Comments") which you provide to us through this website becomes our property. If in future we use your Comments in promoting our website or in any other way, we will not be liable for any similarities which may appear from such use. Furthermore, you agree that we are entitled to use your Comments for any commercial or non-commercial purpose without compensation to you or to any other person who has transmitted your Comments.
12. If you provide us with Comments, you acknowledge that you are responsible for the content of such material including its legality, originality and copyright.

Disclaimers

13. To the extent permitted by law, any condition or warranty which would otherwise be implied into these terms and conditions is excluded.
14. We take all due care in ensuring that our website is free of any virus, worm, Trojan horse and/or malware, however we are not responsible for any damage to your computer system which arises in connection with your use of our website or any linked website.

Limitation of Liability

15. To the full extent permitted by law, our liability for breach of an implied warranty or condition will not be greater than the amount you paid to access our website or for services or products rendered.

Indemnity

16. By accessing our website, you agree to indemnify and hold us harmless from all claims, actions, damages, costs and expenses including legal fees arising from or in connection with your use of our website.

Jurisdiction

17. These terms and conditions are to be governed by and construed in accordance with the laws of Victoria and any claim made by either party against the other which in any way arises out of these terms and conditions will be heard in Victoria and you agree to submit to the jurisdiction of those Courts.
18. If any provision in these terms and conditions is invalid under any law the provision will be limited, narrowed, construed or altered as necessary to render it valid but only to the extent necessary to achieve such validity. If necessary the invalid provision will be deleted from these terms and conditions and the remaining provisions will remain in full force and effect.

Privacy

19. We undertake to take all due care with any information including Comments which you may provide to us when accessing our website. However we do not warrant and cannot ensure the security of any information which you may provide to us. Information you transmit to us is entirely at your own risk although we undertake to take reasonable steps to preserve such information in a secure manner.
20. Our compliance with privacy legislation is set out in our separate Privacy Policy.

Gift Cards

21. Gift Cards may be purchased online to be used online to pay for goods. Gift cards have a life of 12 months from the purchase date, after that time they become null and void. You may use part of the value of the gift card to pay for goods with the balance value can be used at a later date.  If you purchase is greater than the value of the gift card then you must use your credit card to pay for the balance of the purchase.