Terms of Service

Terms of Service

Effective February 22, 2022

A. About Us:

Welcome to www.beswood.com.au, an Australian Corporation, (“BESWOOD PTY LTD”, the “Company”, “us”, “we”, or “our”) provides an online store to sell small home appliances and other products. By accessing or using our Services, you the end user of our Services (“Customer”, “User”, “you”, or “your”), expressly agree to be bound to and to abide by these Terms of Service (“Terms”). If you do not agree to be bound to or to abide by these Terms of Service and our other Policies, you must not use the service.

BY ACCESSING OUR SERVICES, YOU (ON BEHALF OF YOURSELF OR THE ENTITY THAT YOU REPRESENT) REPRESENT AND WARRANT THAT YOU HAVE THE RIGHT, AUTHORITY, AND CAPACITY TO ENTER INTO THESE TERMS (ON BEHALF OF YOURSELF OR THE ENTITY THAT YOU REPRESENT) AND ACKNOWLEDGE THAT YOU HAVE READ, UNDERSTOOD AND AGREE TO BE BOUND BY ALL OF THE PROVISIONS, CONDITIONS AND NOTICES CONTAINED IN THESE TERMS JUST AS IF YOU HAD SIGNED THESE TERMS.

B. Terms of Service:

1. Service Conditions. You cannot use the Services unless you are at least 18 years of age. By using or accessing the Services, you represent and warrant to us that: (a) you are at least 18 years of age; (b) you have the right, authority and capacity to agree to, and abide by these Terms; (c) you shall not use the Services or any rights granted hereunder for any unlawful purpose or any purpose which violates these Terms.

2. Duration of License to Access Services. These Terms provide you with a personal, revocable, non-exclusive, non-assignable, non-transferable license to access and use the Services.

3. User Account. To Use certain aspects of our Services, you may be asked to create a user account. If you choose to create a user account with us, then you agree to provide true, accurate, current and complete information as prompted by our registration form, and to maintain and promptly update the information you provide to us in order to keep such information true, accurate, current and complete. It is your obligation to maintain and control passwords to your user account. YOU AGREE THAT YOU ARE SOLELY AND FULLY RESPONSIBLE FOR ANY ACTIVITIES OR ACTIONS TAKEN UNDER YOUR USER ACCOUNT, WHETHER OR NOT YOU HAVE AUTHORIZED SUCH ACTIVITIES OR ACTIONS. You agree to immediately notify us of any unauthorized uses of your username and password and/or any other breaches of security. There is no assumption by us of your responsibility to notify your local law enforcement agency of any identity theft. You agree we will not be liable for any loss or damages caused by your failure to comply with your security obligations.

4. Transactions and Payment Processor.

(a) We use may use a third-party payment processor to process our Payments such as Shopify payment gateway or Apple Pay to process your Visa, MasterCard or American Express payment (“Payment Processor”). Further, you authorize us or our third-party processor to charge your chosen payment method (credit card, debit card, et cetera) in connection with all fees incurred by you in the Services, as determined by us. In connection with any fees paid by you, you agree:

(i) to provide your billing and shipping information as well as information regarding your credit or debit card (each, a “Payment card)

(ii) that you represent and warrant that you are the authorized account holder on all the Payment Cards you submit through the Service

(iii) that we have the right to charge your Payment Card for the cost of the products, and all taxes, shipping and handling fees cat the time of your purchase.

(b)Please see our Product Warranty page located here: https://www.beswood.com.au/pages/warranty-1 for additional information.

https://www.beswood.com.au/pages/refund-return-policy for additional information.

(d) Please see our Shipping Policy page located here:

https://www.beswood.com.au/pages/shipping-policy for additional information.

5. User Content.

“User Content” means material (including without limitation text,images, audio material, video material that you submit to the Service, for whatever purpose.

(a) You agree that any Content provided to us or a User or Posted in connection with the Services by you is provided on a non-proprietary and non-confidential basis. Subject to our compliance with our Privacy Policy, you agree that we shall be free to use or distribute Content Posted by you on an unrestricted basis for any purpose. If you provide or Post Content to us or another User in connection with the Services, you grant us a nonexclusive, worldwide, royalty-free license to utilize, use, copy, exploit, and prepare derivative works of such Content. No Content you submit shall be deemed confidential.

(b) Content Posted by you does not and will not infringe, misappropriate, use or disclose without authorization or otherwise violate any copyright, trade secret right or other intellectual property or other property right of any third-party, and that Content Posted by you is not unlawful, fraudulent, threatening, abusive, libelous, defamatory, obscene or otherwise objectionable, as determined by us.

(c)We Reserve the right to remove any material submitted to the Service.

(d)Notwithstanding our rights under these Terms of Use in relation to user content, we do not undertake to monitor the submission of such content to, or the publication of such content on, the service

6. Ratings. The Services may allow you to rate and Post reviews which will be publicly displayed on the Website. Such ratings and reviews are considered Content Posted by you and are governed by these Terms. User ratings and reviews do not reflect the views of the Company. We strive to maintain a high level of integrity with our ratings and reviews and other Content Posted by you. All ratings and reviews must be legitimate. Any rating or review that we determine, in our sole discretion, to be disingenuous, or could otherwise diminish the integrity of the ratings and reviews system, the Content or the Services may be removed without prior notice to you.

7. Intellectual Property.

(a) Beswood is registered trademark of Beswood PTY LTD and used by us with permission. and all other graphics, logos, page headers, button icons, scripts, service names and other Content that we use, manage or control are trademarks, registered trademarks of third parties.

(b) Copyright. Except in the case of Content under license to us, we claim a copyright, and all copyright protection afforded, under international, United States and the laws of the State of Delaware laws to all text, graphics, logos, button icons, images, audio clips, digital downloads, data compilations, software (ours or our software suppliers), and all other Content on our Services. The compilation of all Content on our Services is our exclusive property, and it is similarly protected. We also claim a copyright, and all copyright protection afforded, under international, United States and the laws of the State of Delaware to all material described in the trademarks section above. Your access to all information and Content located on our Services is strictly permitted through the license granted to you under these Terms. Except for the license granted in these Terms, all rights, title and interest in Content, in all languages, formats and media throughout the world, including all copyrights, are and will continue to be the exclusive property of ours and other parties. Except as permitted by these Terms, you are prohibited from modifying, copying, distributing, displaying, publishing, selling, licensing, creating derivative works, or using any Content available on or through our Services without our prior written permission, or in the case of Content owned by a third-party, without first receiving permission from the owner of that Content. You may not alter or remove any trademark, copyright or other notice from copies of the Content.

8. Mobile Devices. If you are accessing the Services via a mobile device or tablet which is owned or controlled by you (a “Device”) then, subject to your compliance with these Terms and our Policies, the license granted hereunder allows you to access our Services using your Device. You understand and agree that use of the Services via your Device may result in data or other charges from your mobile communication service provider, and you expressly release, indemnify, hold harmless, and defend us from any and all liability relating to any such charges and/or your Device.

9. Use Restrictions. You may not use or plan, encourage or help others to use our Services for any purpose or in any manner that is prohibited by these Terms or by applicable law. In using our Services, you agree at all times that you shall not: (a) infringe on the copyrights or other intellectual property rights of the Company, a User, or a third-party (b) copy, distribute, or modify any part of our Services without our prior written authorization; (c) Post inappropriate, inaccurate, false, or misleading Content to our Services; (d) transmit any Content which contains software viruses, or other harmful computer code, files or programs; (e) Post Content that falsely states, impersonates or otherwise misrepresents your identity, including but not limited to the use of a pseudonym, or misrepresenting your current or previous positions and qualifications, or your affiliations with a person or entity, past or present; (f) make threats or use profanity; (g) manipulate or exclude identifiers in order to disguise the origin of any Content; (h) disrupt the networks connected to our Services, including but not limited to by: attempting to probe, scan or test the vulnerability of our Services, attempting to breach security or authentication measures without proper authorization, or attempting to interfere with our Services or a User, by means such as overloading, ‘flooding’, ‘mailbombing’ or ‘crashing.’; (i) circumvent, disable or otherwise interfere with security-related features of our Services or features that prevent or restrict use or copying of any Content or that enforce limitations on use of our Services; (j) collect Content, personally identifying information, and/or other information from our Services, or otherwise access our Services, by using any automated means, including but not limited to, ‘robots’, ‘spiders’, ‘scrapers’ and ‘offline readers’, without our prior written approval which we may withhold in our discretion; (k) modify, translate, reverse engineer, decompile, disassemble, create derivative works based on, sublicense, sell, or distribute the Services; (l) rent or lease any rights in the Services in any form to any third-party or make the Services available or accessible to third parties; (m) use any communications systems provided by our Services to send unsolicited or unauthorized commercial communications, including but not limited to by email, SMS, MMS, or any other means; (n) remove, alter or obscure any proprietary notice or identification, including copyright, trademark, patent or other notices displayed on our Services; (o) mislead or attempt to mislead or defraud or attempt to defraud or conceal any information relating to Content or other information that you provide to us; (p) link, deep link, ‘frame’ or ‘mirror’ any part of the Services without our prior consent; or (q) use our Services to violate any applicable laws, rules or regulations, or for any unlawful, harmful, or inappropriate purpose, or in any manner that breaches these Terms or is otherwise objectionable, as determined by us in our sole discretion.

10. Termination, Restriction and Suspension.

(a) We retain the right to terminate, restrict, or suspend these Terms, your Profile, and/or your license to access or use our Services at any time in our absolute and sole discretion, without prior notice, for any reason or no reason, as determined by us.

(b) After Termination. Upon termination of these Terms, your Profile, and/or your license to access or use our Services for any reason, you agree that we may take any measures we deem necessary to prevent you from accessing our Services, including by blocking your IP address. You agree that after termination of your access to our Services, we are not obliged to retain or provide to you any Content or Personal Data (as defined in our Privacy Policy) which was collected by us, but we may elect to do so in our sole discretion, for a duration determined by us.

11. DISCLAIMERS.

(a)The disclaimers, waivers, and limitations contained in this Agreement, do not in any way limit any other disclaimer of warranties or any other limitation of liability in any other agreement between you and us or between you and any of our licensors and suppliers. Some jurisdictions may not allow the exclusion of certain implied warranties or the limitation of certain damages, and as such some of the disclaimers, waivers, and limitations of liability may not apply to you.

Our licensors and suppliers are intended third-party beneficiaries of these disclaimers, waivers, and limitations. No advice, information, or content, whether oral or written, obtained by you through the Service or otherwise shall alter any of the disclaimers or limitations stated in this section.

(b) NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED FROM BESWOOD OR THROUGH THE WEBSITE SERVICES OR CONTENT, WILL CREATE ANY WARRANTY NOT EXPRESSLY MADE HEREIN. YOU ARE SOLELY RESPONSIBLE FOR ALL OF YOUR COMMUNICATIONS AND INTERACTIONS WITH OTHER USERS OF THE WEBSITE OR SERVICES AND WITH OTHER PERSONS WITH WHOM YOU COMMUNICATE OR INTERACT AS A RESULT OF YOUR USE OF THE WEBSITE OR SERVICES, INCLUDING, BUT NOT LIMITED TO OTHER USERS AND/OR THIRD PARTIES. YOU UNDERSTAND THAT BESWOOD DOES NOT MAKE ANY ATTEMPT TO VERIFY THE STATEMENTS OF USERS OF THE WEBSITE OR SERVICES.

12. Release and Waiver of Claims. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, YOU ON BEHALF OF YOURSELF OR THE ENTITY THAT YOU REPRESENT, YOUR PERSONAL REPRESENTATIVES AND YOUR HEIRS, HEREBY VOLUNTARILY AGREE TO RELEASE, WAIVE, AND DISCHARGE ALL CLAIMS, ACTIONS, DEMANDS, SUITS, OR PROCEEDINGS (“CLAIMS”) AGAINST US AND OUR AFFILIATES, INCLUDING ANY AND ALL LIABILITY FOR DAMAGES (ACTUAL AND OR CONSEQUENTIAL), COSTS AND EXPENSES (INCLUDING LITIGATION COSTS AND ATTORNEYS’ FEES) OF EVERY KIND AND NATURE ARISING FROM OR IN ANY WAY RELATED TO: (A) THE SERVICES OR THESE TERMS, (B) A PRODUCT OR ITEM, (C) YOUR DEVICE (D) ANY INACCURACY, UNTIMELINESS OR INCOMPLETENESS OF A USER’S REPRESENTATIONS OR WARRANTIES, AND/OR (E) ANY INACCURACY, UNTIMELINESS, OR INCOMPLETENESS OF ANY AND ALL INFORMATION AND/OR CONTENT OBTAINED OR ACCESSED BY OR THROUGH THE SERVICES. FURTHER, IF YOU ARE A RESIDENT OF THE STATE OF CALIFORNIA, YOU WAIVE YOUR RIGHTS UNDER CALIFORNIA CIVIL CODE SECTION 1542, WHICH STATES, “A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS WHICH THE CREDITOR DOES NOT KNOW OR SUSPECT TO EXIST IN HIS OR HER FAVOR AT THE TIME OF EXECUTING THE RELEASE, WHICH IF KNOWN BY HIM OR HER MUST HAVE MATERIALLY AFFECTED HIS OR HER SETTLEMENT WITH THE DEBTOR.” YOU UNDERSTAND THAT ANY FACT RELATING TO ANY MATTER COVERED BY THESE TERMS MAY, AT SOME TIME IN THE FUTURE, BE FOUND TO BE TRUE, AND YOU ACCEPT AND ASSUME THE RISK OF SUCH POSSIBLE DIFFERENCES IN FACT. IN ADDITION, YOU EXPRESSLY WAIVE AND RELINQUISH ANY AND ALL RIGHTS WHICH YOU MAY HAVE HAD UNDER ANY OTHER STATE OR FEDERAL STATUTE OR COMMON LAW PRINCIPLE OF SIMILAR EFFECT, TO THE FULLEST EXTENT PERMITTED BY LAW.

13. Assumption of the Risk YOU KNOWINGLY AND FREELY ASSUME ALL RISK WHEN USING THE SERVICES. THEREFORE, YOU, ON BEHALF OF YOURSELF OR THE ENTITY YOU REPRESENT, YOUR PERSONAL REPRESENTATIVES AND YOUR HEIRS, HEREBY VOLUNTARILY AGREE TO RELEASE, WAIVE, DISCHARGE, HOLD HARMLESS, DEFEND AND INDEMNIFY BESWOOD AND ITS AFFILIATES FROM ANY AND ALL CLAIMS FOR BODILY INJURY, PROPERTY DAMAGE, WRONGFUL DEATH, EMOTIONAL DISTRESS, OR OTHER DAMAGES OR HARM, WHETHER TO YOU OR TO THIRD PARTIES, WHICH MAY RESULT FROM ANY ASPECT OF OUR SERVICES.

14. Limitation of Liability. TO THE EXTENT NOT PROHIBITED BY LAW, IN NO EVENT SHALL WE BE LIABLE FOR PERSONAL INJURY RELATED TO OR RESULTING FROM A PRODUCT PURCHASE, ANY ASPECT OF THE SERVICES, OR ANY INCIDENTAL, SPECIAL, INDIRECT, OR CONSEQUENTIAL DAMAGES WHATSOEVER, INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF PROFITS, LOSS OF DATA, OR ANY OTHER DAMAGES OR LOSSES, ARISING OUT OF OR RELATED TO (A) THESE TERMS, (B) ANY TRANSACTION, (C) PRODUCT, AND (D) ANY ASPECT OF OUR SERVICES, HOWEVER CAUSED, REGARDLESS OF THE THEORY OF LIABILITY (BREACH OF CONTRACT, A BREACH OF WARRANTY, NEGLIGENCE, PRODUCTS LIABILITY, STRICT LIABILITY, OR OTHERWISE) AND EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. SOME JURISDICTIONS DO NOT ALLOW THE LIMITATION OF LIABILITY FOR PERSONAL INJURY, OR OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THIS LIMITATION MAY NOT APPLY TO YOU. In no event shall our total liability to you for all damages exceed the amount paid by you to us in connection with the Services out of which the Claims arose. The foregoing limitations will apply even if the above stated remedy fails of its essential purpose.

15. Dispute Resolution.

(a) Any dispute or claim relating in any way to your use of any Service will be adjudicated in the state of Delaware and you consent to exclusive jurisdiction and venue in these courts. We each waive any right to a jury trial.

(b) By using any Service, you agree that applicable federal law, and the laws of the state of Delaware, without regard to principles of conflict of laws, will govern these Terms of Use and any dispute of any sort that might arise between you and us.

16. Indemnification. You agree to indemnify, defend, and hold harmless us and our Affiliates from and against any and all Claims, losses, expenses, damages and costs (including, but not limited to, direct, incidental, consequential, exemplary and indirect damages), and reasonable attorneys’ fees, resulting from or arising out of, under, or relating to: your use, misuse, or inability to use our Services; any infringement of a third-party’s rights; your Device; a breach of a representation or warranty; Content Posted by you to us or other Users; alterations of, loss of, or unauthorized access to any information sent or received or not sent or received by you or us; any defamatory, offensive, fraudulent, or illegal use of our Services by you; any violation of a law or regulation by you relating to the Services; any accidental or improper disclosure of information; and any violation by you of these Terms or any of our other Policies.

17. Survival. Notwithstanding anything herein to the contrary, the provisions of Sections 4 through 7 and 10 through 27 of these Terms, as well as any provision of these Terms which in accordance with its terms is intended to survive the termination of these Terms, your Profile, or your license to use or access the Services shall survive any such termination.

18. Notification. All notices required or permitted to be given under this Agreement must be in writing. We shall give any notice by email sent to the most recent email address, if any, provided by the intended recipient to us. You agree that any notice received from us electronically satisfies any legal requirement that such notice be in writing. You bear the sole responsibility of ensuring that your email address on file with us is accurate and current, and notice to you shall be deemed effective upon the sending by us of an email to that address. You shall give any notice to us by submitting said notice to us at service@beswood.com.au

19. Severability; No Waiver. A waiver by either party of any term or condition of this Agreement, or any breach, in any one instance, will not waive that term or condition or any later breach.

20. Privacy Policy. By using our Services, you agree to the provisions of our Privacy Policy, which is hereby incorporated by reference. You further agree that we may disclose Personal Data (as defined in our Privacy Policy) according to our Privacy Policy, as determined by us. Please see our Privacy Policy for more information.

21. Assignment. These Terms, and any rights and licenses granted hereunder, may not be transferred or assigned by you, but may be assigned by us as determined by us.

22. Our Relationship with You. With respect to you, we are an independent contractor only. Nothing in these Terms shall be deemed or is intended to deem the relationship between you and the Company as anything more than a consumer relationship. The Company and Users do not have an employer-employee, partner, joint venturer, joint associates for profit, or agency relationship. Users are not our employees, independent contractors, partners, joint ventures, or any agent of the Company of any sort whatsoever.

23. Third Parties. From time to time, we may engage third parties or Affiliates to assist us in providing certain aspects of the Services, including but not limited to marketing functions. You agree that we may engage such third parties in providing Services to you, as determined by us.

24. Entire Agreement; Modification. These Terms together with our Polices any other document referenced herein constitutes the entire understanding between us and you with respect to the subject matter hereof. You agree that we may amend, modify, or alter these Terms and/or our Polices at any time in our sole discretion. We will notify you about changes to these Terms by placing the updated Terms on the Website. You agree that your use of the Services after such notification will constitute acceptance by you of such changes to the Terms.

25. Headings; Interpretation. Section headings in these Terms are for convenience only, such headings shall not govern the meaning or interpretation of any provision of these Terms. Further, whenever the context requires, all words, including but not limited to defined capitalized terms, will include the masculine, feminine, and neuter, and each word will include the singular form, plural form, and other conjugations of that word.

26. Governing Law; English Language. These Terms, our Privacy Policy, and other Policies are governed by the laws of the State of Delaware, and the United States of America, and without regard to conflicts of law principles. In the event of a conflict between these Terms and a foreign language version of the Terms, the English language version of these Terms shall govern. All disputes, claims and causes of action (and related proceedings) will be communicated in English.

27. Compliance. You represent and warrant that you shall comply with all applicable laws, statutes, ordinances, and regulations regarding use of the Services. We merely provide a platform to allow Users to interact with other Users and to purchase and sell Items. Those who access or use the Services do so at their own volition and are entirely responsible for compliance with applicable law. Your use of our Services, is subject to export and re-export control laws and regulations, including the Export Administration Regulations (“EAR”) maintained by the United States Department of Commerce and sanctions programs maintained by the Treasury Department’s Office of Foreign Assets Control. You shall not, directly or indirectly, sell, export, re-export, transfer, divert, or otherwise dispose of any software or service to any User without obtaining the required authorizations from the appropriate government authorities. You also warrant that you are not prohibited from receiving US origin products, including services or software.

28. Feedback. We value your comments and opinions. If you have questions, comments or a complaint about these Terms, you may send a written notice to us at: service@beswood.com.au or BESWOOD PTY LTD, SUITE 2204 LEVEL 22 , 520 OXFORD STREET , BONDI JUNCTION NSW 2022