TERMS & CONDITIONS

These terms and conditions specify the agreed terms of use for all websites that refer or link to these terms and conditions (collectively “Sites”) and agreed terms of purchase, under which you may purchase Bee Prepared products and services. These terms and conditions constitute an agreement between you, the person accessing and/or using the Sites (“You”, “your”) and Bee Prepared (ABN 63 246 125 946) (collectively “Bee Prepared”, “we”, “us” and “our”).

 

We may amend these terms and conditions from time to time, and will publish such amended terms and conditions on the Sites. Your continued use of the Sites after such amendment will constitute acceptance of the amended terms and conditions by you. If any of the terms and conditions are found to be unenforceable, you agree that the remainder of the terms and conditions remain in full force and effect.

 

1. Terms of Use

 

Bee Prepared owns and operates the Sites. By using or accessing the Sites you acknowledge that you have read, understood and agreed to be bound by these terms and conditions (“Terms of Use”). If you do not agree to the Terms of Use, please do not use the Sites.

 

Ownership of Sites and Content

 

Bee Prepared owns the Sites and, unless otherwise indicated, owns or is licenced to use all content and other material appearing on the Sites. The material on the Sites is protected by copyright under the laws of Australia and may not be used without written permission by us. No trademark (whether registered or not) that is displayed on the Sites may be used without written permission of us or of the relevant trademark owner.

 

Security

 

We cannot guarantee any data or program available for download on the Sites (or any linked website) is free of viruses or other spyware, and you agree that you assume the risk of any damage to your computer as a result of using the Sites.

 

Third-Party Content

 

The Sites contain information or hyperlinks to websites operated by third-parties. We provide such information and hyperlinks for your convenience only, but are not responsible for and do not endorse the content of any such information or website.

 

Liability

 

We provide the Sites and their contents on an “as is” basis, and make no representation as to the accuracy, completeness, currency or reliability of the information contained on the Sites. We will not be liable in contract, tort (including negligence) or otherwise to you for any direct, special, indirect or consequential loss or damage (including loss of profits or loss of data) arising out of or in conjunction with the Sites.

 

Privacy

 

We are committed to protecting the privacy of everyone who shops or interacts with us. Our Privacy Policy sets out our commitment to you on privacy, including use of “cookies”.

 

Comments

 

We welcome your comments and feedback about the Sites and our products. In addition, in some places the Sites enable users to post comments and product reviews which may be viewed by other users. If you post any comments, reviews, testimonials, feedback, notes, messages, ideas, suggestions or other communications (collectively “Comments”) on the Sites or sent to us, whether through the Sites, email, facsimile, postal mail or by other means, you automatically grant, or warrant that the owner of such Comments has expressly granted the Company a royalty-free, full-paid, perpetual, irrevocable, worldwide, unlimited, nonexclusive, sublicensable, and transferable licence to use, re-use, reproduce, sublicence, create derivative works from, modify, publish, edit, translate, distribute, re-distribute, transmit, print, copy, host, store, cache, archive, index, categorise, comment on, broadcast, stream, import, perform, exhibit, and display the communication or content material in any media or medium, or any form, format, or forum now known or hereafter developed. We may sublicence our rights through multiple tiers of sublicences. You should not submit any Comments to us that you do not wish to licence to us. We are and shall be under no obligation (1) to maintain any Comments in confidence; (2) to pay any compensation for any Comments; or (3) to respond to any Comments. You grant us the right to use the name that you submit in connection with any Comments. You agree to the foregoing grant of rights, consents, and agreements whether or not your Comments are used by us.

 

You hereby appoint us as your agent with full power to enter into and execute any document and/or do any act we may consider appropriate to confirm the grant of rights, consents, agreements, and waivers set forth in these terms and conditions.

 

Without limiting the scope of this section or any future grant of rights, consents, agreements, and waivers you may make with respect to Comments, you hereby ratify any prior grant of rights, consents, agreements, and waivers made by you with respect to Comments submitted by you to us.

 

Termination or Restriction

 

We may terminate or restrict your access to all or any part of the Sites at any time, with or without cause, with or without notice, effective immediately. You may also terminate your use of the Sites and services at any time, provided that all of the provisions of these terms and conditions, including without limitation, ownership provisions, warranty and disclaimers will survive any such termination.

 

Dispute Resolution

 

By using the Sites, you and Bee Prepared agree that if there is any controversy, claim, action, or dispute arising out of or related to use of the Sites, or the breach, enforcement, interpretation, or validity of these Terms of Use or any part of it (“Dispute”), both parties must first try in good faith to settle such Dispute by providing written notice to the other party describing the facts and circumstances of the Dispute (“Dispute Resolution”) and allowing the receiving party 30 days in which to respond in writing (“Reply Notice”). A Dispute Notice or Reply Notice must be sent to either:

 

Bee Prepared

Attention: Disputes

Email: hello@beeprep.com.au

 

OR:

 

You at your last used billing address of the billing and/or shipping address that we may have on file for you or, to any email address that you may have provided to us or used to create an account on any of the Sites. If you issue us with a Dispute Notice and you have otherwise not provided us with a contact address through registration or similar, please provide us with an email address and address we may reply to.

 

Both you and Bee Prepared agree that this Dispute Resolution procedure is a condition precedent that must be satisfied before initiating any litigation or filing any claim against the other party, provided however that nothing in these terms and conditions will prevent a party seeking urgent injunctive or similar interim relief from court.

 

If a Dispute Notice and Reply Notice are given, then you agree to discuss (either in person or by telephone) the Dispute with an authorised representative of Bee Prepared in an effort to resolve the Dispute. At least one meeting or discussion relating to the Dispute must take place within 30 days of service of a Reply Notice.

 

If a Dispute is not resolved within 30 days of service of a Reply Notice or if a Reply Notice is not given by the relevant party, then either party may commence legal proceedings in relation to the Dispute.

Governing Law

 

Bee Prepared operates the Sites from its offices within Australia. The laws of the State of Queensland govern these Terms of Use and the Terms of Purchase below, and you agree to submit to the non-exclusive jurisdiction of the courts of Queensland. You agree to be responsible for compliance with applicable local laws if you access the Sites outside Australia.

2. Terms of Purchase

 

In addition to the Terms of Use, these terms and conditions (the “Terms of Purchase”) set out the additional terms and conditions under which you may purchase from Bee Prepared products and services. By purchasing products or services from us, an agreement exists between you and Bee Prepared once Bee Prepared accepts the order. Each accepted order is a separate agreement.

 

Customer Accounts

 

You may, but are not required, to create a Customer Account before placing any orders with us. However, regardless of whether you create an account with us or not, you must provide us with certain information and data to place an order with us. You warrant that all information and data provided by you is accurate, complete and up to date. You will promptly notify us if there is any change to this information or data. You must take responsibility for the safekeeping of your username and password, as you are liable if an unauthorised person uses your username and password.

 

Orders

 

You place an order with us by selecting products and services and pressing one of the "checkout" buttons on the checkout page. We reserve the right to accept or reject an order for any reason including without limitation, unavailability of product; an error in the price, image or the product description; an error in your order. Orders are deemed received by Bee Prepared at the time of successful transmission of the order, and you will thereafter be unable to cancel the order. Orders are deemed accepted by Bee Prepared upon us acknowledging such order or failing to reject such order within 14 days. We only accept orders from mainland Australia and Tasmania.

 

Product Availability

 

Bee Prepared uses its best endeavours to ensure products ordered are available for delivery, and in most cases will notify you where a product is unavailable prior to you completing your order. However, you acknowledge that in some cases this is not possible and Bee Prepared may need to reject an order you have placed for a product or service where Bee Prepared established that it is actually unavailable for delivery. In such cases we will refund in full all amounts you paid in respect of such unavailable product or service. We cannot provide rain checks for products ordered online and, where permitted by law, reserve the right to limit the sale of products or services to reasonable or normal household quantities.

 

Payment

 

You must pay for your products and services purchased on the Sites at the time of placing an order. We accept PayPal and all major credit cards including Mastercard, Visa, American Express and Diners Club.

 

We use third-party payment processors (“Payment Processors”) for the processing of payments. We will not directly store or collect your payment details. That information is directly provided to our Payment Processors, whose use of your personal information is governed by their Privacy Policy. For more information about our Payment Processors and how they handle your information, please see our Privacy Policy. By using these Payment Processors you are also entering an agreement with them. Refund times and processing are also managed by them.

 

Variation of Products and Price

 

We may vary the prices on the Sites at any time, and prices are subject to change until you have paid for the products in full. Product availability and product prices may vary between products we hold for physical sale (“in-person sales”) and those found on the Sites.

 

Promotional Codes

 

We may from time to time issue promotional codes (“Promo Codes”). These Promo Codes are personal to the individuals we issue them to and cannot be transferred, unless otherwise directed (for example, where we issue you with a Promo Code which benefits your friends, family or other individuals you share the code with). For the benefit of any doubt, promotional codes can not be sold for profit.

 

The Promo Codes are subject to the terms disclosed at the time of issue. We reserve the right to cancel any or all Promo Codes at any time, if we suspect error, fraud or any other abuse of the Promo Code is occurring.

 

Delivery

 

Delivery terms included, delivery areas, delivery costs and estimated delivery times are contained in our Delivery Policy. The Delivery Policy is expressly incorporated in these Terms of Purchase. Please note that to purchase products, your delivery address must be within a suburb where Bee Prepared provides delivery. Orders will not be processed for delivery to an address in a suburb not in our delivery area. Risk in the products passes to you upon delivery to your nominated delivery address, and title passes upon payment for the products in full.

 

Returns

 

Return claims (including for replacement products, refunds or credits) are detailed in our Returns Policy. The Returns Policy is expressly incorporated in these Terms of Purchase. Please refer to this policy to determine your entitlement to a return, and the process that you need to follow.

 

Warranties

 

In Australia, our goods come with guarantees that cannot be excluded under the Australian Consumer Law. In addition to the rights and remedies you have under law, we may offer separate, additional guarantees or warranties on goods we sell. Please refer to our Standard Replacement Warranty to determine your entitlement to a Bee Prepared Warranty and the process that you need to follow.


 

3. Contact Us

 

If you have any questions or concerns regarding the Sites or these terms and conditions, please contact us by email at hello@beeprep.com.au.