BetaBoard - Website Terms of Use

1. Introduction

The website www.betaboard.com.au and its associated features and applications (together the Site) is owned and operated by Budcarl Pty Ltd ACN 056 239 359 as trustee for the BetaBoard Trust (BetaBoard).
These terms and conditions (Terms) apply to the use of the Site, including the purchase of Products over the Site, in conjunction with BetaBoard’s Standard Terms and BetaBoard’s Policies (as defined in the Standard Terms).  To the extent of any inconsistency between the Standard Terms and these Terms, the Standard Terms will prevail.
If you do not accept these Terms, you must refrain from using the Site and must not order Products through the Site.  By using the Site, you are agreeing to all of the Terms and the Standard Terms, as may be updated from time to time. You should check this page regularly to take notice of any changes that have been made to the Terms.

2. Terminology

In these Terms and unless the context otherwise requires, terms defined in the Standard Terms have the same meaning when used in these Terms (subject to any variation in the below table) and the following definitions apply:

Term

Definition

BetaBoard

Budcarl Pty Ltd ACN 056 239 359 as trustee for the BetaBoard Trust, trading as BetaBoard, and, where the context requires, any of its related bodies corporate as that term is defined in the Corporations Act 2001 (Cth).

Intellectual Property Rights

all present and future industrial and intellectual property rights, including:
  1. any and all rights subsisting or capable of subsisting or being obtained under intellectual property legislation, including legislation dealing with copyright, circuit layouts, designs, patents or trademarks, and whether in Australia or overseas; and
  2. any application for or right to apply for registration, extension, renewal, appeal or otherwise (including any rights of action) in respect of the rights referred to above

Linked Site

any other websites which are not operated by BetaBoard that may be linked or referred to in any part of BetaBoard’s websites from time to time, including any information published on such other websites.

Standard Terms

BetaBoard’s standard terms of sale in effect from time to time, which at the date of these Terms are available here or otherwise on request.

you, your or any similar expression

the person using the Site or ordering Products from BetaBoard via the Site and includes a reference to any Customer on whose behalf you are using the Site or ordering Products.

3. Amendments to Terms

BetaBoard reserves the right, in its absolute discretion, to amend these Terms or any of the services or functionalities of the Site from time to time. Amendments to these Terms will be effective immediately upon notification on the Site. Your continued use of the Website following such notification will represent an agreement by you to be bound by the terms and conditions as amended.

4. Website

Access to the Site is permitted on a temporary basis, and BetaBoard reserves the right to withdraw or amend the Site or any services provided through it without notice. BetaBoard will not be liable if for any reason the Site is unavailable at any time or for any period. From time to time, BetaBoard may restrict access to some parts or all of the Site.  Any Products offered for sale via the Site are only made to those persons who can make legally binding contracts.
Information about products available on the Site is based on material provided by third party merchants, suppliers and/or product manufacturers. Except as required by law (including the Australian Consumer Law), BetaBoard cannot be held responsible for inaccuracies or errors caused by incorrect information supplied to it by these third parties.

5. Accounts

To access some features of the Site, you must register an account with BetaBoard (Account).  To register for an Account, you must provide us with accurate and current personal information including your name, address, a valid email address and any other information reasonably requested by BetaBoard.  You must not register more than one Account. You should not create an Account if you are under 18 years old.
You are solely responsible for the activity that occurs on your Account (including Orders placed using your Account), and you must keep your Account password secure.  BetaBoard is not responsible for any unauthorised activity on your Account, including if you fail to keep your Account login information secure. BetaBoard may refer fraudulent or abusive or illegal activity to the relevant authorities.
You must not use another person’s Account without BetaBoard and the other person’s express permission.  If you suspect or become aware of any unauthorised use of your Account or that your password is no longer secure, please contact BetaBoard immediately and take immediate steps to re-secure your Account (including by changing your password).

6. Linked Sites

The Site may contain links to Linked Sites, which are not operated by BetaBoard. BetaBoard 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 and service contained within each such site.

7. Privacy Policy and credit

BetaBoard’s privacy policy can be found here. By using the Site, you consent to BetaBoard collecting, using, storing and disclosing your personal information in accordance with the privacy policy (as amended from time to time) and warrant that all information provided by you is accurate and up to date.
By making an Order, you expressly authorise BetaBoard, before accepting your Order (or at any time thereafter), to perform credit and security checks and, where BetaBoard considers it desirable to do so, to transmit or to obtain information (including any updated information) about you to or from third parties from time to time, including but not limited to your credit card number, to validate your credit card, to obtain an initial credit card authorisation, to conduct loss minimisation and anti-fraud measures and to authorise individual purchase transactions.  

8. Purchase of Products via the Site

Any Order for Products made via the Site will be deemed to be made in accordance with BetaBoard’s Standard Terms. 
You may offer to purchase Products described on the Site for the price specified on the Site (which are inclusive of GST unless stated otherwise).  In all other respects, the price is exclusive of taxes, duties and charges (including any Additional Charges) imposed or levied in Australia or overseas in connection with the supply of the Products.
Your Order must contain your name, email address, credit card details and any other ordering information specified on the Site or as otherwise required by BetaBoard from time to time.  The process for acceptance and handling of Orders is addressed in the Standard Terms.  Without limiting BetaBoard’s rights under the Standard Terms:

  1. you may not cancel an Order once it has been submitted, even if our acceptance or rejection of your Offer is still pending;
  2. if BetaBoard rejects your offer to purchase Products for any reason, BetaBoard will not be under any further Liability to you arising out of your original offer or our non-acceptance of that offer;
  3. BetaBoard gives no undertaking as to the availability of Products advertised on the Site;
  4. delivery of the goods to you will be effected in the manner described on the Site and any prices quoted on the Site do not include any delivery, transport or other Additional Charges that may be incurred pursuant to the Standard Terms;
  5. title in the Products does not pass to you until all monies owing by you and the Customer have been received in full; and
  6. risk of loss or damage to the Products passes to you upon dispatch, unless the Standard Terms expressly provide to the contrary. 

When you place an Order, you may receive an Order confirmation by email.  This email will only be an acknowledgement of receipt of your Order and will not constitute acceptance of your Order.  A contract between us for the purchase of the Products will not be formed until you receive a shipment confirmation via email from BetaBoard or the Standard Terms provide for a contract to be formed earlier. 
BetaBoard is not obliged to supply the Product to you until BetaBoard has accepted your Order.  BetaBoard may refuse to accept an Order from you for any reason, including due to unavailability of stock, suspicion that you might on-sell the Products to consumers, errors in respect of the Order or Products (including any error in the prices, images or Product descriptions or wrongful inclusion of an item in a particular sale or promotion on the Site) or if BetaBoard suspects your Order or payment method is fraudulent. 
BetaBoard may cancel a contract to supply Products if the Products are not available for any reason.  BetaBoard will notify you if this is the case and return any payment that you have made using the same method originally used by you to pay for the Product. If the refund transaction fails, BetaBoard will advise you of this and make arrangements to process the refund via a different method.
If you place an Order via the Site, you must pay for the Order in full at the time of ordering by one of the payment methods accept on the Site.  You must be fully entitled to use the payment method used for purchases and the payment method must have sufficient funds, credit or other payment facilities to cover the purchase.  BetaBoard is not responsible for the decisions of payment providers to allow you to use their service or provide any warranties or assurances about them. If a particular service is not available to you, you should use another valid payment method.  You may elect to store your payment methods to your Account for future purchases, if such a facility is available via the Site. 
If you discover that you have made a mistake with your Order after you have submitted it to the Site, please contact BetaBoard immediately.  BetaBoard cannot guarantee that it will be able to amend your Order in accordance with your instructions and fees may be applicable to process a change in accordance with the Standard Terms.

9. Prohibitions

When using the Site, you must not:

  1. commit or encourage a criminal offence;
  2. transmit or distribute a virus, trojan, worm, logic bomb or any other material which is malicious, technologically harmful, in breach of confidence or in any way offensive or obscene;
  3. hack into any aspect of the Site or its services (including by interfering with security-related or other features of the Site);
  4. corrupt data or cause annoyance to other users or BetaBoard;
  5. infringe any other person's rights, including any of their Intellectual Property Rights;
  6. send any unsolicited advertising or promotional material, commonly referred to as "spam";
  7. attempt to affect the performance or functionality of the Site or any computer facilities of, or accessed through, the Site; or
  8. use data mining, robots, screen capping or similar data gathering or extraction tools on the Site. 

Any breach of the above obligations may constitute a criminal offence and BetaBoard may, in its discretion, report any such criminal offence to the relevant law enforcement authorities and disclose your identity to them.
BetaBoard will not be liable for any Liability 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 the Site or to your downloading of any material posted on it, or on any Linked Sites.

10. Intellectual Property, software and content

The Site and the contents on the Site are subject to copyright, trade marks and other Intellectual Property Rights.  Unless stated otherwise, these Intellectual Property Rights are owed by, or licensed to, BetaBoard. 
The Intellectual Property Rights in all software and content (including photographic images) made available to you on or through the Site remain the property of BetaBoard or its licensors. All such rights are reserved by BetaBoard 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 the Site (including those relating to our suppliers) nor may you use any such content in connection with any business or commercial enterprise.
Except where expressly stated to the contrary, all persons (including their names and images), third party trademarks and content, services and locations featured on the Site are in no way associated, linked or affiliated with BetaBoard and you should not rely on the existence of such a connection or affiliation. Any trademarks or names featured on the Site 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 BetaBoard.

11. Disclaimer of liability

Subject to any non-excludable consumer guarantees and other consumer protection provisions set out in the Australian Consumer Law, the material displayed on the Site is provided without any guarantees, conditions or warranties as to its accuracy.
To the fullest extent permitted by law, BetaBoard hereby expressly excludes all warranties and other terms which might otherwise be implied by statute, common law or the law of equity and must 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 the Site or the Linked Sites and any materials posted on those sites, 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 BetaBoard'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.
Due to photographic and screen limitations associated with the representation of products on the Site, some actual Products may differ to a small extent in visual appearance from the way they appear on the Site.  In addition, where it is suitable to do so, some depictions of Products are created or chosen by us for promotional purposes, and may not be an exact representation of the Products received.

12. Linking to the Site

You may not link to the Site or any part of the Site in a way that damages BetaBoard’s reputation or takes advantage of it, nor may you establish a link in such a way as to suggest any form of association, approval or endorsement on BetaBoard’s part where none exists. You must not establish a link from any website that is not owned by you or in any way that is illegal or unfair. The Site must not be framed on any other site, nor may you create a link to any part of the Site other than the home page (if we consent to you doing so). BetaBoard reserve the right to withdraw linking permission without notice.

13. Promotions

From time to time BetaBoard may run promotions on the Site, which are subject to both these Terms, the Standard Terms and any additional promotion-specific terms that are incorporated into those documents by reference.  Promotion-specific terms may include conditions in respect of brands, purchase periods, purchase methods, minimum spend requirements (including bundle discounts), partner promotions, games of chance or games of skill.  These promotion-specific terms may be included in email notifications of the promotion or they may be advertised on the Site.  You should ensure that you read the specific conditions that apply to each promotion.  Without limiting any other terms applicable to any promotion, BetaBoard reserves the right to reject any Order if BetaBoard, in its discretion, suspects that you may be purchasing any Products for the purposes of commercial resupply.   By proceeding to purchase you agree and accept the terms of the applicable promotion.

14. Indemnity

You agree to indemnify, defend and hold harmless BetaBoard, its directors, officers, employees, consultants, agents, and affiliates, from any and all Liability and third party claims or Liability arising from your use of the Site or your breach of the Terms or the Standard Terms.

15. General provisions Governing law

Clause 8 of the Standard Terms (and any other provisions under the heading ‘General Provisions’ in the Standard Terms) will be deemed to be set out in full in these Terms, with only such changes as are necessary to apply those provisions to your obligations and BetaBoard’s rights under these Terms and the Standard Terms. 
If any part of these Terms is unenforceable (including any provision in which BetaBoard excludes liability to you) the enforceability of any other part of the Terms will not be affected and all other clauses remain in full force and effect. So far as possible where any provision (or part of it) can be severed to render the remaining part valid, the clause must be interpreted accordingly. Alternatively, you agree that the clause must be rectified and interpreted in such a way that closely resembles the original meaning of the clause/sub-clause as is permitted by law.
These Terms are governed by the laws of the Queensland and you irrevocably submit to the non-exclusive jurisdiction of the courts of the Queensland.

16. Currency

These Terms were last updated on XX November 2019.