Terms and Conditions

What Is Bponline.Net All About?

bponline.net is a site developed by BytePower. bponline.net is designed to allow you to purchase a range of IT products via the bponline.net site.

What Is The Bponline.Net Agreement?

The Agreement you are viewing now describes the terms and conditions applicable to your use of the services offered by bponline.net. This Agreement applies to you and to us every time you use the services offered by bponline.net. This Agreement is deemed to incorporate by reference other Site Pages, if those Site Pages are referred to in this Agreement. To avoid repetition and to make this Agreement easy to understand, we have defined a number of terms used in this Agreement and those definitions are contained in clause 17. You should check this Agreement every time you use our services because we may change our terms and conditions from time to time. The terms and conditions of this Agreement current at the time you enter into a transaction with us are the terms and conditions that will apply to that transaction.

Why Is This Agreement Necessary?

This Agreement is designed to protect both you and us. It is necessary to set out and make clear the legal relationship between you and us.

Your Eligibility To Use Our Services

In consideration of us allowing you to use our services, you warrant to us:

  • you are 18 years of age or older;
  • you have the legal capacity to purchase any item advertised for sale on bponline.net;
  • all information you provide to us from time to time is true, accurate, current and complete;
  • you will maintain and update the information to keep it true, accurate, current and complete;
  • you have not relied on any representation we have made which has not been expressly stated in this Agreement or upon any descriptions, illustrations or specifications appearing on this website or in any publicity or other material we have produced;
  • you will ensure that you safeguard your password and you will be bound by purchases made by any person using your password;
  • unless you advise us otherwise, on each occasion when you place an order you are instructing us to process that order (including payment for that order) in accordance with the details which you have registered with us most recently.
What Costs And Charges Do You Agree To Pay

The price of all products sold on bponline.net is the Advertised Price current at the time of confirmation of your order (irrespective of any previously advertised price). Unless otherwise stated, all prices and other charges are quoted in Australian Dollars. You are personally responsible for paying all purchase prices and charges associated with that purchase. Your credit card will be billed upon placement of your order. The Advertised Price is inclusive of any Goods & Services Tax (GST) applicable to the supply of the product. The applicable GST charge (taking into account any reductions in other applicable taxes) will be itemised on both your order confirmation as well as on your invoice.

Order Acceptance

Your receipt of an electronic or other form of order confirmation does not signify our acceptance of your order, nor does it constitute confirmation of our offer to sell. We reserve the right at any time after receipt of your order to accept or decline your order for any reason. You acknowledge that by placing your order you are agreeing to pay for and accept delivery of the products ordered unless you successfully cancel that order prior to the products being dispatched to you. We reserve the right at any time after receipt of your order, without prior notice to you, to supply less than the quantity you ordered of any item and your order is automatically varied to order that lesser amount. We may require additional verifications or information before accepting any order.

Item Ordered Out of Stock

If BPonline is unable to supply any goods ordered due to them being out of stock with our supplier BPonline will contact you within 2 business days via the contact details in your profile.

Product Returns
Claims for Credit

All claims for credit for damaged, defective or short delivered products or for products to be returned must be notified to us immediately. We will not accept claims that are not notified to us within 7 days of delivery. All items being returned require a Return Authority (RA) number. An RA number can be obtained by e-mailing the full details of the item being returned, the order details and the reason for return to support@bponline.net. Byte Power reserves the right to refuse an RA number where a return is deemed to be an unacceptable claim (see below).

The products must be returned to us (or any other place nominated by us) at your cost. Products returned for credit and accepted by us will be subject to handling charges of an amount equivalent to 15% of the credit claimed. No request for credit will be approved until our representative has inspected the products on which the credit is claimed. Until this inspection you are responsible for maintaining proper care of the products in question. Proper care of the products includes storing the products to ensure that weather damage does not occur. We will not accept claims for damaged or defective products where you have not maintained proper care of the delivered products.

Unacceptable Claims

You acknowledge and agree that the following products are not acceptable for return credit:

  • products or services ordered from a third party, or products produced or manufactured on the your instructions;
  • products damaged or lost in transit;
  • products returned with opened packaging; and
  • products altered or damaged by you.
Delivery
General

Delivery is deemed to have been completed once the products purchased by you have been delivered at the customer's delivery address as indicated on the order confirmation. You, the customer, have to sign for the delivery before the products are handed over. Any delivery time quoted is an estimate only and you agree that any delay in delivery of products purchased will not entitle you to refuse to accept delivery. You also agree that we will not be responsible to you for any loss that you may suffer by virtue of any delay in delivery of products purchased. Further details in relation to delivery can be found here.

Risk

From the time of delivery to you of the products purchased by you, the risk of any loss or damage to or deterioration in those products from whatever causes shall be your sole responsibility.

Warranties
We do not give any warranties

We provide the bponline.net "as is" and without any warranty or condition, express, implied or statutory. To the extent permitted by Law we specifically disclaim any implied warranties of title, merchantability, fitness for a particular purpose in relation to any products sold or service offered on bponline.net.

Release

To the extent provided by law you release us from claims, demands and damages (actual and consequential) of every kind and nature, known and unknown, suspected and unsuspected, disclosed and undisclosed, arising out of or in any way connected with your use of bponline.net or any products purchased by you through bponline.net.

Fraud

Without limiting any other remedies, we may suspend or terminate your account if you are found (by conviction, settlement, insurance or escrow investigation, or otherwise) to have engaged in fraudulent activity in connection with bponline.net.

What Happens If You Breach This Agreement

Without limiting other remedies, we may immediately issue a warning, temporarily suspend, indefinitely suspend or terminate you use of bponline.net and/or refuse to provide further bponline.net services to you and or claim damages from you;

  • if you breach this Agreement;
  • if we are unable to verify or authenticate any information you provide to us; or
  • if we believe that your actions may cause legal liability for you, our users or us.
What Privacy & Security Policy Relates To Your Use?

We understand that you may be concerned with privacy and security issues when using bponline.net. We will take all reasonable steps to avoid the circulation or republication of confidential information you disclose to us. We will not deliberately disclose any confidential information we have in relation to you to any third party (except third parties necessary to complete the transaction such as manufacturers and our delivery contractors), unless we are compelled to do so by law. Full details of Byte Powers Privacy policy are detailed below.

Byte Power’s security policy is designed to ensure that any information held by us or any transaction undertaken via bponline.net is protected. Bponline uses the industry standard Secure Sockets Layer (SSL) to encrypt the information being passed between your computer and our site. Byte Power regularly reviews our security implementation to identify and correct any potential weaknesses.

Our Liability Is Limited

To the extent permitted by law our liability to you for the use of bponline.net or for any of the products purchased through Bponline.net is limited by this clause. You agree that we are not and will not be liable for any profits lost be you or any special, incidental or consequential damages suffered by you arising out of or in connection with your use of bponline.net or of any products through bponline.net (however arising, including negligence). You also agree any liability accruing to us with respect to any products purchased is limited to the replacement of the products purchased, or the payment of the cost of replacing the products or acquiring equivalent products, as we may elect.

You Indemnify Us

You agree to indemnify and will keep us indemnified for any claim, demand, injury, direct or indirect damage, loss or cost, liability, right of action or claim for compensation in contract, under statute or in tort (including negligence) made against or suffered by us in connection with your use of bponline.net, your breach of this Agreement or your breach or any rights of third parties.

You Must Comply With All Relevant Laws

You must comply with all relevant laws, statutes, ordinances and regulations applicable your use of bponline.net.

General
What law applies to this agreement

This Agreement shall be governed in all respects by the laws of the State of Queensland and the parties submit to the exclusive jurisdiction of the Courts of Queensland.

We do not guarantee you uninterrupted service

Because the operation of the bponline.net may be interfered with by numerous factors outside of our control we can not and do not guarantee continuous, uninterrupted or secure access to the bponline.net.

Ownership

Copyright law protects any intellectual property relating to bponline.net. All rights are reserved. You may use the content of bponline.net solely for the purpose of buying products we offer for sale, and for no other purpose. You agree to give us exclusive rights in all the information provided to us through bponline.net and any information derived or generated from it

Definitions

Where the following words appear in this Agreement they will have the meaning set out below;

"Agreement" means this agreement and includes all Site Pages;

"Advertised Price" means the price for a particular product, displayed in the advertisement of the product on bponline.net at the time at which you confirm your order;

"Privacy Policy" means the policy relating to privacy issues for use of bponline.net which is set out in full on the Privacy & Security Policy Page;

"Site Page" means any web page referred to in this Agreement;

"us" and "we" means Byte Power Pty Ltd ACN 018 147 , where appropriate extends to officers, directors, agents, subsidiaries and employees;

"bponline.net" means the Internet web site your are now in which has been created by us and includes all things pertaining to this site and all services offered by us through this site;

"you" means the person who is currently using this Internet web site and your successors and assigns and "your" means any right, obligation, liability or other thing pertaining to you;

Other matters

If any provision of this Agreement is held to be invalid or unenforceable, that provision shall be struck from this Agreement and the remaining provisions shall be enforced. Headings are for reference purposes only and in no way define, limit, construe or describe the scope or extent of any clause to which they relate. Our failure to act with respect to a breach by you or others does not waive our right to act with respect to subsequent or similar breaches. This Agreement sets out the entire understanding and agreement between you and us with respect to the subject matter referred to in this Agreement.