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TERMS AND CONDITIONS
SALES OF GOODS AND DIGITAL PRODUCTS

Welcome to BMyIT Online Commerce Managed Services. By using the BMyIT websites of ecommerce and any related service or tool (“the services”), you agree to the following terms with BMyIT. If you have any questions, please contact Customer Service.

BMyIT provides Australian companies with the managed services of online commerce, such as websites and applications (apps) via which you can purchase their branded products manufactured and supplied by these companies directly or their authorised distributors (including goods and digital products such as ‘Gift Cards’ and ‘Prepaid Cards’).

The entity you are contracting with is BMyIT or Muzz Buzz IT (ABN 13 614 511 189), P.O. Box 42, Applecross, 6953 Western Australia

In this User Agreement, this entity is individually and collectively referred to as “BMyIT”, “we” or “us”.

1.    Scope

Before using the BMyIT services, you must read and accept all of the terms in, and linked to, these Terms and Conditions of Use and the BMyIT Privacy Policy. We strongly recommend that, as you read these Terms and Conditions of Use, you also access and read the hyperlinked information. By accepting these Terms and Conditions of Use, you agree that these Terms and Conditions of Use and Privacy Policy will apply whenever you use the BMyIT services, or when you use the tools we make available to interact with the BMyIT services. If you use a BMyIT website or an app not listed in the List, you acknowledge that you will need to accept and be bound by the terms of that site. Some BMyIT services may have additional or other terms that we provide to you when you use those services.

2.    Revisions

We may revise or amend these Terms and Conditions of Use at any time in our absolute discretion by posting revised terms. By continuing to use our websites and apps after any revision becomes effective, you agree to be bound by the revised Terms of Use.

We also may revise the product prices at any time in our absolute discretion.

3.    Indemnity

You agree to indemnify and will keep us (and all our related bodies corporate, personnel, servants and agents) indemnified against any claim, demand, injury, damage, loss, expense, cost or liability (whether direct or indirect) made against or suffered by BMyIT (or all our related bodies corporate, personnel, servants and agents) in connection with your use of our services, your breach of these Terms and Conditions of Use or your breach of any rights of third parties.

4.    Disclaimer of Warranty

BMyIT is providing the services on an ‘as is’ and ‘as available’ basis and use of them is at your own risk. BMyIT and our related companies, affiliates, licensors or licensees, and their respective directors, officers, employees or agents make no representation or warranty as to the accuracy, completeness, currency or reliability of the information contained on any of the websites or apps (including in relation to any products or services). To the extent permitted by law, none of them will be liable or responsible in any way (including in negligence) for errors in, or omissions from, the information contained on any of our websites or apps. To the extent permitted by law, BMyIT expressly disclaims all warranties of any kind, whether express or implied, including (without limitation) implied warranties or conditions of acceptability, merchantability or fitness for purpose.

5.    Abusing BMyIT

BMyIT, its customers and its users (“the Community”) work together to keep our sites and services working properly and the Community safe. Please report problems, offensive content, and policy violations to us.

BMyIT’s Verified Rights Owner (VeRO) Program works to ensure that listed items do not infringe upon the copyright, trademark or other intellectual property rights of third parties. If you believe that your intellectual property rights have been violated, please notify our VeRO team and we will investigate.

Without limiting other remedies, we may limit, suspend or terminate our service and user accounts, prohibit access to the BMyIT websites, delay or remove any content, and/or take technical and legal steps to keep users off the sites if we think that they are creating problems or possible legal liabilities, infringing the intellectual property rights of third parties or acting inconsistently with the letter or spirit of our policies. Additionally, we may, in appropriate circumstances and at our reasonable discretion, suspend or terminate accounts of users who may be repeat infringers of intellectual property rights of third parties. We also reserve the right to cancel unconfirmed accounts or accounts that have been inactive for a long time, or to modify or discontinue BMyIT services.

6.    Using BMyIT Services

While using the BMyIT services, you will not:

  • post content in inappropriate areas on our sites and services;
  • infringe any laws, third party rights or our policies, such as the prohibited and restricted content policies;
  • post false, inaccurate, misleading, defamatory or offensive content (including personal information);
  • use the BMyIT services if you are not able to form legally binding contracts, are under the age of 18 or are suspended from using the BMyIT services;
  • fail to deliver payment for items purchased by you, unless a clear typographical error is made;
  • circumvent or manipulate our fee structure, the billing process, or fees owed to BMyIT;
  • transfer your BMyIT account and user ID to another party without our consent;
  • distribute or post spam, unsolicited or bulk electronic communications, chain letters or pyramid schemes;
  • distribute viruses or any other technologies that may harm BMyIT or the interests or property of BMyIT customers and users;
  • export or re-export any BMyIT tools except in compliance with the export control laws of any relevant jurisdictions;
  • copy, modify or distribute rights or content from the BMyIT services or BMyIT’s copyrights and trademarks; or
  • harvest or otherwise collect information about users, including email addresses, without their consent.

7.    Feedback

You grant us an irrevocable, non-exclusive licence to use any material, information and ideas that you transmit to this site or otherwise provide to BMyIT from the time you authorise it to be sent. You agree that we can use and adapt any ideas, concepts, techniques, words, images or other content contained in these transmissions for any purpose and without restriction or compensation.

8.    BMyIT Websites

Websites Content

The material on our websites are protected by all applicable laws including copyright and trademark laws under the laws of Australia and other countries through international treaties.

Unless otherwise indicated and except for information directly from, or links to, third party websites, all rights (including copyright) in all content, other material and compilations contained in, or used to create or support our websites including text, graphics, logos, button icons, video images, audio clips and navigational and other software (collectively referred to as the Contents) are owned or controlled, and are reserved by us, our clients, our related companies, affiliates, licensors and licensees.

All right, title and interest in all intellectual property rights in all of brands, logos, images, buttons, codes, layout, text, content and products and services as displayed on our websites (the “Brand Features”) are the property of BMyIT or our clients and will remain ours at all times. Your use of our websites will not under any circumstances be taken to constitute a transfer, assignment or grant of any ownership rights in any of the Brand Features or any of our websites. BMyIT, on a case by case basis and to the extent required, grants to you a limited, non-exclusive licence to use the Brand Features solely for the purpose, and to the extent necessary, to enable you to use our websites.

Advertising and Links to Third Party Websites

Our websites may contain information from or hyperlinks and other pointers to internet websites operated by third parties. Such information or websites are not under our control we are not responsible for the contents of any such information or website. We provide such information and hyperlinks to you as convenience only, and the inclusion of any link does not imply any endorsement of the linked website by us. You rely on such information or websites entirely at your own risk.

You are referred to the relevant third party websites for all information regarding the third parties’ products and/or services. Third parties are solely responsible to you, subject to their conditions, for all issues relating to their website including information, goods, services, prices and the delivery of any goods or services you purchase on the third party website. To the extent that such websites collect personal information or contributions from you, we will bear no responsibility or liability for the manner in which such information is used or exploited. You are referred to the relevant third party’s privacy policy for information on how personal information is collected, used and disclosed by that third party.

Our websites may also utilise social network or share functionality and may contain social media links, applications or features (including but not limited to Facebook and Instagram, Twitter, LinkedIn, YouTube). Your use of any social media platforms is subject to the particular social media platform’s prevailing terms and conditions of use. By using any social media applications or features, you consent and agree to be bound to the particular terms and conditions of use of the social media platform. You are encouraged to review the terms and conditions of use of each social media platform before engaging or interacting with any social media links, applications or features on our websites. Our websites are in no way sponsored, endorsed or administered by, or associated with, any social media platform.

9.    Online Shopping

9.1 Ordering products and payments

You may make purchases via our websites by selecting and placing your order in accordance with these Terms and Conditions of Use and as directed on our websites. Any order placed by you in the manner described in our websites is an offer by you to purchase a particular product or service for the price (including the delivery and other charges) specified on our websites at the time you place your order.

You acknowledge that, by placing your order, you are agreeing to pay for and accept delivery of the goods or services ordered unless you ask us to cancel that order, and we send you written confirmation of the cancellation prior to the goods or services being dispatched to you.

Any order placed by you is subject to your compliance with any specific limitations imposed by law or shown on any of our websites.

We may change the prices published on our websites at any time. You agree to pay the price current at the time of payment.

We may require additional verification or information before accepting any order.

We only accept orders from within mainland Australia and Tasmania. Within this area, our policies as to delivery and returns apply as set out in these Terms and Conditions of Use.

You warrant that all details you provide to us when placing an order are current, correct and complete, that you are an authorised user of the Apple Pay or Google Pay digital wallet or Paypal account or credit or debit card used to place your order and that your nominated Apple Pay or Google Pay digital wallet or Paypal account or credit or debit card will cover the full cost of the purchase. Upon receiving your order, we will carry out a standard pre-authorisation check of your payment method (if applicable) to verify the details submitted and to ensure there are sufficient funds to fulfil the transaction. Purchases will not be dispatched until this pre-authorisation check has been completed. If we are unable to successfully process your Apple Pay or Google Pay digital wallet or Paypal account or debit or credit card payment for your order, we may notify you of dishonour and cancel your order.

We do not and we will never keep your Apple Pay or Google Pay digital wallet or Paypal account or debit or card details with us. In all your future purchases via our websites you will provide us with your Apple Pay or Google Pay digital wallet or Paypal account or debit or card details to make the pre-authorisation check of your payment method.

We reserve the right to reject your order for products or services purchased through our websites for any reason, including but not limited to if the products or services are not available, if there is an error in the description or price of the requested products or services as advertised on our websites or if there is an error in your order. If we reject your order, we will notify you by email of our rejection at the time you place the order or within a reasonable time thereafter and give you the option of reconfirming your order, changing your order or cancelling your order. If we are unable to contact you, we will treat the order as cancelled. If your order is cancelled and you have already paid for your purchase, you will receive a full refund.

9.2 Pricing

Product and service availability may vary between our online retail stores due to different customer offers.

All prices are inclusive of GST.

Prices displayed on our websites are current at the time of issue, but may change at any time and are subject to availability.

Prices and availability of items are subject to change without notice.

Where permitted, we reserve the right to limit sales, including the right to prohibit sales to re-sellers. We reserve the right to contact you at the time you place the order or within a reasonable time thereafter if we have any concern about the quantity of products or services you have purchased. You must not pay, or attempt to pay, for purchases through any fraudulent or unlawful means.

9.3 Delivery by Post or Carrier

Our clients and their authorised distributors only deliver by Post or Carrier to a specified address. In some cases collections may be are available (e.g. from one of the Muzz Buzz stores).

The delivery address must be an address within Australia and cannot be a freight forwarding location. Deliveries cannot be made to PO Boxes.

On acceptance of your order by us, your order will be dispatched to your specified delivery address generally within 10 business days of the date you placed your order for items that are in stock.

If you order large or bulky items, we may contact you by telephone or email to arrange with you a suitable time for delivery.

You will be required to be available in person to accept delivery of your order at the specified address.

If you wish to change the delivery date or delivery address you must contact us at least 48 hours prior to the dispatch of your order.

We will use our best endeavours to deliver your order within any stated timeframes for dispatch, however we do not warrant that these timeframes will always be met, as many factors may affect these timeframes.

We reserve the right to make part deliveries of any order and each part delivery will constitute a separate contract in respect of the products delivered. Failure to deliver all the products you have ordered will not invalidate the contract as regards any part deliveries.

We cannot and will not accept any responsibility for delivery failures or delays by our third party delivery contractor.

You are required to inspect your products when you take delivery of them. You will be required to note any damage on the delivery documentation which is presented to you by the carrier for signature. In all other cases you will be required to notify us in writing of any damage or shortages within seven (7) calendar days of delivery.

Title and risk in the products, such as loss and damage, pass to you on delivery or collection, as the case may be.

9.4 Returns

9.4.1 Consumer Guarantees

Our goods and services come with guarantees that cannot be excluded under Australian Consumer Law.

You are also entitled to choose a refund or replacement for major failures with goods.

If a failure with the goods or a digital product does not amount to a major failure, you are entitled to have the failure rectified in a reasonable time. If this is not done, you are entitled to a refund for the goods and to cancel the contract for the service and obtain a refund for any unused portion. You are also entitled to be compensated for any other reasonably foreseeable loss or damage from a failure in the goods or service.

9.4.2 Change of Mind

If you have changed your mind about your purchase, we will be pleased to offer you a refund or exchange provided that:

  • You return the item within 30 days of purchase;
  • You produce a satisfactory proof of purchase (being your original register receipt or online proof of purchase, such as a tax invoice);
  • The item is in re-saleable condition, including its original packaging (if any), is unused and as sold;
  • A government issued form of identification must be presented at the time of the return in order to confirm your identity (for products with a value greater than $20).  Personal information collected from you at the time of the return will only be used for the purpose of verifying and processing the return.  We will record your name, postal address, phone number and email address. Your licence number and date of birth will not be recorded. These details are collected in accordance with our Privacy Policy.

If you are unable to provide a satisfactory proof of purchase, we may, at our absolute discretion, provide you with an exchange or one of our gift cards to the current value of the item.

Unless Australian Consumer Law applies, please note change of mind returns are not available for the following purchases:

  • Gift cards,
  • Faulty Goods Returns.

If you believe you have purchased a faulty product, you should provide proof of purchase to receive a refund or replacement product. Proof of purchase may be your original register receipt, credit card statement or any other form of evidence.

We may have the faulty product assessed by a third-party certified repair agent to determine the nature and cause of the fault. We reserve the right to decline an exchange, refund or repair where any product fault is caused by misuse or neglect.

9.4.3 Another General Note

You should provide proof of purchase to make a claim and we reserve the right to decline an exchange, refund or repair where a fault is caused by misuse or neglect.

If you experience activation problems with Gift or Prepaid Cards or Activation Codes provided by third parties, we recommend that you contact the third-party service provider for assistance in activating any credit entitlement, as unable to independently determine the validity of these codes.

9.4.4 Manufacturer Assistance

Many manufacturers have dedicated support centres designed specifically to deal with issues in relation to their products and may be able to provide a quicker assessment of, and remedy for, any issue with your purchased product. You may, therefore, prefer to contact the manufacturer directly although you are not obliged to do this. If at any time you are not satisfied with the manufacturers remedy in relation to your legal rights, you can contact us. We may also return the product to the manufacturer to determine the nature of the problem.

9.4.5 How to return your purchase

Return an item purchased with us to 24, Reddington Way, Brentwood, 6153, Western Australia unless it is indicated otherwise in the description of the products that you would like to return.

Refunds can only be paid in the same tender as the original purchase.

Where a credit card attached to an original purchase cannot be produced, the refund will be processed to one of our Gift Cards.

9.4.6 Privacy

BMyIT takes the privacy of customer data seriously. Please be aware that data (including, but not limited to, images, music and video) may be lost during the repair process of electrical and electronic products. It is the responsibility of the customer to ensure that all personal data is deleted before the product is returned to BMyIT.

9.5 Australian Consumer Laws

The goods and services that you can purchase via our websites come with guarantees that cannot be excluded under the Australian Consumer Law.

For goods, 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 the goods fail to be of acceptable quality and the failure does not amount to a major failure.

You may cancel a digital product – ‘gift cards’ or ‘prepaid cards’ which you have activated and claim a refund for unconsumed services if there is a major problem with it. A major problem includes where the service:

  • is provided with an unacceptable level of care and skill; or
  • is unfit for the purpose you asked for; or
  • is not delivered within a reasonable time when there is no agreed end date.

For minor problems with digital products, we will assist you to have the service fixed.

10.  Important Note

We do not take ownership of the items at any time and do not transfer legal ownership of items from the seller to the buyer. Further, we cannot guarantee continuous or secure access to the BMyIT services, and their operation may be interfered with by numerous factors outside of our control. Accordingly, to the extent legally permitted, we exclude all implied warranties, terms and conditions. We are not liable for any loss of money, goodwill or reputation, or any special, indirect or consequential damages arising, directly or indirectly, out of your use of or your inability to use the BMyIT services.

To the extent that BMyIT is able to limit the remedies available under these Terms and Conditions of Use, BMyIT expressly limits its liability for breach of a non-excludable statutory guarantee to the following remedies:

  • the supply of the same product again; or
  • the payment of the cost of supplying the same product again.

11.  Tax on consumer purchases

Buyers and sellers are generally responsible for any Goods and Services Tax (GST), sales tax, or other taxes that apply to items bought on BMyIT. If you have any questions or require more information about your tax obligations, please contact the Australian Taxation Office, your local tax or customs authority, or seek independent tax advice.

In any jurisdiction where BMyIT has an obligation to collect tax on consumer purchases:

  • BMyIT may add the applicable tax to the item price displayed to the buyer;
  • BMyIT will display the tax amount at checkout once the buyer’s order and delivery address are confirmed, and this will be included in the order total paid by the buyer;
  • BMyIT will collect this amount via any means available to us and remit the tax to the relevant authority.

As a buyer, you acknowledge and agree that tax may apply on top of the seller’s item price, and that you will have the opportunity to review this before finalising your order.

12.  Closing your account

You may close your BMyIT account at any time, subject toresolving any outstanding matters (such as a suspension or restriction on your account) and

paying any outstanding fees owing on the account.

13.  No agency

BMyIT is not your agent for any purpose in relation to your use of the BMyIT services.

14.  Notices

Legal notices must be served on BMyIT’s registered agent (in the case of BMyIT) or to the email address you provide to BMyIT during the registration process (in your case). Notice will be deemed given 24 hours after email is sent, unless the sending party is notified that the email address is invalid or that the email has not been delivered. Alternatively, we may give you legal notice by mail to the address provided by you during the registration process. In such case, notice will be deemed given three days after the date of mailing.

Any notices to BMyIT’s registered agent must be given by registered ordinary post to BMyIT P.O. Box 42, Applecross, 6953 WA.

15.  Legal disputes

If a dispute arises between you and BMyIT, our goal is to provide you with a neutral and cost effective means of resolving the dispute quickly. We strongly encourage you to first contact us to seek a resolution. If your dispute is not resolved by contacting Customer Service, all legal notices and formal disputes should be sent to BMyIT’s registered address in accordance with Clause 14 above. We will consider reasonable requests to resolve the dispute through alternative dispute resolution procedures, such as mediation or arbitration, as alternatives to litigation.

16.  Governing Law and forum for legal disputes

We control and operate our services from our offices within Australia. These Terms and Conditions of Use are governed by the laws of Western Australia. You and BMyIT agree to submit to the non-exclusive jurisdiction of the courts of Western Australia. If you choose to access this site from another location, you are responsible for compliance with applicable local laws. We make no representation that our services are appropriate or available for use in all locations.

17.  General

If any provision of these Terms and Conditions of Use is held to be invalid or unenforceable, such provision will be severed and the remaining provisions will remain in effect. In our sole discretion, we may assign our rights and obligations under these Terms and Conditions of Use to another entity. Headings are for reference purposes only and do not form part of these Terms and Conditions of Use. Our failure to act on a breach by you or others doesn’t waive our right to act on subsequent or similar breaches.

We may amend these Terms and Conditions of Use at any time by posting the amended terms on bmyit.com.au. Except as stated elsewhere, all amended terms will automatically be effective 30 days after they are initially posted. If you do not accept the changes you should close your account in accordance with Clause 12 of these Terms and Conditions of Use.

These Terms and Conditions of Use contain the entire understanding and agreement between you and BMyIT.

18.  The List

Of BMyIT online commerce services and apps:

  1. onlineshop.muzzbuzz.com
  2. franchising.muzzbuzz.com
  3. instabuzz.muzzbuzz.com
  4. e-learning.muzzbuzz.com
  5. portal.muzzbuzz.com