WEBSITE TERMS & CONDITIONS OF USE
Access to and use of Better Breathing Devices site is provided by the operators of this website (Better Breathing Devices Pty Ltd ABN 26 653 856 663 (“us”, “we” or “our”) on the following conditions and according to any other directions or rules of use on this site (“Terms”).
If you access this site (other than to read these Terms for the first time), you agree to these Terms. If you do not agree to these terms, you should not review information or obtain services or goods from this site.
Use of this site is at your risk. None of us, our affiliates, or any of their respective employees, agents, third-party content providers, or licensors:
o Makes any express or implied representation or warranty about, or
o Shall be liable, in contract, tort (including negligence), or otherwise, for any direct, indirect, special, or consequential loss, damages, or reliance in connection with, this site, its use, its content, or any products or services (including our products or services) referred to on this site. This includes (but is not restricted to) loss or damage you might suffer as a result of any of the following:
o Your reliance on the completeness, accuracy, suitability, or currency of the site, its content, and other information provided via this site (including third-party material and advertisements on this site, the content of support and technical material, or on sites that are linked to, this site), irrespective of any verifying measures taken by us. This site is designed for general interest only. It is not advice and you should not rely on it.
o Failure of performance, error, omission, interruption, deletion, defect, failure to correct defects, delay in operation or transmission, computer virus or other harmful components, loss of data, communication line failure, unlawful third party conduct, or theft, destruction, alteration or unauthorised access to records.
o Accessing any sites or servers maintained by other organisations through links on this site. Links are provided for the convenience of our site users only and without responsibility for the content or operation of those sites. Unless otherwise stated, linked sites and their products and services are not endorsed by us and you link to any such site at your own risk.
o The provision of credit card or other financial information, the failure to complete (or delay in completing) any transaction, or other loss or damage arising from any e-commerce transacted or attempted to be transacted on this site.
o Defamatory, threatening, offensive, or unlawful conduct of third parties or our publication of any materials relating to or constituting such conduct.
If you require specific advice for your individual circumstances, consult an appropriate expert directly. Do not rely on the general material on this site.
To the maximum extent permitted by law, we exclude all warranties by us that otherwise would be implied in any transactions for the supply by us of products or services offered on this site (including warranties of satisfactory quality, merchantability, and fitness for purpose).
We do not warrant that we will continue to make this site available generally or at all and reserve the right at any time to impose or increase prices and fees for your future access to any material appearing on this site. We reserve the right at any time to alter the site in such a way as to change the equipment needed by you to access or use the site or any part of it.
Our total liability to you (if any) for loss, damage or reliance shall be limited, at our election, to:
o In the case of information, product or services supplied or offered by us – the re-supply of the information, product or services or payment of the cost of doing this;
o In the case of products supplied or offered by us – repair or replacement of the products, supply of equivalent products, or payment of the cost of doing this; or
o The amount paid by you (if any) for accessing this site.
You indemnify us, our affiliates, distributors, and our respective employees, agents, third-party content providers, and licensors from and against all actions, suits, claims, demands, liabilities, costs, expenses, loss, and damage (including legal fees on a full indemnity basis) incurred or suffered by you or by us as a direct or indirect consequence of:
This disclaimer, liability limitation, and indemnity does not exclude any rights which by law may not be excluded.
All payments required to be made from a transaction in connection with Better Breathing Devices website will be GST-inclusive and will be made at the prices published on the Website and paid in the manner published on the Better Breathing Devices website.
Changes in pricing for the service and product may be communicated by means including posting on the Site or via email. You will pay all sums due to the Company under this agreement by the means specified in the billing section of the Site. Payment will be transacted without any deduction, counterclaim, or any other withholding of payment. Payment shall be deemed to have not been made until the Company has cleared funds in respect of the full amount outstanding. Refunds will be given at the discretion of the Company Management. Cancellation and/or termination of this Agreement by you or us will not entitle you to a refund of monies paid regardless of the circumstances or reasons, therefore.
To cancel the payment or your account, you must inform Better Breathing Devices about your intentions prior to start of production and/or shipment.
If you choose to change your method of payment you must inform Better Breathing Devices about your intention to change your payment method and this must be approved by the accounts department before the date that the next payment is due.
Please note: The device's operational lifespan is two years from the date of opening.
Better Breathing Devices prices include Free Shipping to anywhere in Australia, but there may be a charge for shipping to other countries around the world. Products are produced and shipped directly from Australia, so depending on your location, it may range from 1-2 days through to up to 4 weeks for delivery depending on where you are in the world.
Better Breathing Devices offers a 30 satisfaction guarantee on the quality of the products. If you are not happy with the products, then you have 30 days to notify Better Breathing Devices and to ship the product back to our company for a full refund of the product. Once the 30 days have ceased, then there will be no option for return and refund.
The material on this website is protected by copyright under the laws of Australia and, through international treaties, in other countries.
Unless otherwise indicated, all rights (including copyright) in the content and compilation of these web pages and online images (including text, graphics, logos, button icons, video images, audio clips, and software) are owned or controlled for these purposes and are reserved, by us.
You are authorised to:
o View content; and
o Use the information included in this site in doing/using this, for your own personal, non-commercial use, provided that you keep intact all copyright and other proprietary notices.
If you are an internet service or access provider, you are authorised to grant access to this site, intact, to your subscribers.
You must not, without our prior written permission, exploit any of our site materials for commercial purposes, except where you are allowed because you have purchased our products or services.
Aside from the authorised uses outlined above, you are not authorised, without our prior written permission and the permission of any other relevant rights owner, to copy, mirror, broadcast, reproduce, frame, republish, download, store (in any medium), up-load to a third party, transmit, post, broadcast, distribute, show or play in public, adapt or change in any way the content of, or create a derivative work from, these web pages for any other purpose.
This prohibition does not extend to materials on this site that are expressed to be freely available for re-use or replication, subject to any conditions we specify.
You are welcome to create links from your web pages to these web pages, but only after written approval from our team. You must not use our trademarks in doing so unless you have our written permission. We are happy to discuss this with you.
When you send us any feedback or suggestions about this site or our business, you agree that we can use and adapt any ideas, concepts, techniques, words or images contained in the feedback or suggestions for any purpose and without restriction or compensation.
Better Breathing Devices is Registered and Trademarked under International LAW.
No trademark of ours (whether registered or otherwise) may be used without our prior, specific, written permission.
Each of our trademarks is protected in Australia and internationally and may be the subject of rights in other countries.
Other product names and images on this site may be trademarks or registered trademarks of ours, our affiliates, Distributors, or third parties (including advertisers and our sponsors).
The use or misuse of these trademarks, except as expressly authorised by the trademark owner, is prohibited.
The use by us of another’s trademark on this site is not of itself intended to indicate any association with, or endorsement by, or of, the owner of that trademark.
You must use this site only for lawful purposes.
You must not up-load, post, transmit, or otherwise make available through this site any material which:
o Violates or infringes the rights of others (including their privacy and publicity rights).
o Is unlawful, threatening, abusive, defamatory, invasive of privacy, vulgar, obscene, profane, or which may harass or cause distress or inconvenience to, or incite hatred of, any person.
o Encourages conduct that would constitute a criminal offence, give rise to civil liability or otherwise violate any law.
o Restricts or inhibits any other user from using or enjoying this site.
o Affects the functionality or operation of this site or its servers or the functionality or operation of any users’ computer systems (for example, by transmitting a computer virus or other harmful component, whether or not knowingly).
o Breaches any standards, content requirements, or codes promulgated by any relevant authority, including authorities that require us to take remedial action under any applicable industry code.
You must not, without our prior written consent, up-load, post, transmit, or otherwise make available through this site any material that contains promotional material, advertising, or any solicitation (whether commercial or otherwise) for other products or services.
You must not, without the express permission of the relevant rights owner, up-load, post, transmit, or otherwise make available through this site any material protected by copyright, trademark, or other proprietary rights.
If you submit material to this site, you grant, or warrant that the owner of such material has granted, to us and our affiliates, Distributors, third-party content providers, and licensors a worldwide, non-exclusive, royalty-free, perpetual, irrevocable, unrestricted, and fully sub-licensable right to:
– Use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, and display such materials, or incorporate them in other works, in whole or in part;
– Use the names and images (if any) that you submit with any such material; and
– Exploit all proprietary rights (such as copyright, trademarks, and service marks) in any such material, in any form, media or technology now known or later developed, for any purpose, commercial or otherwise (including promotion of us or our objectives). You consent to us and any person authorised by us doing any or all of the above despite all moral and similar rights you may have or later acquire in respect of any such material. At our request and expense, you will execute and deliver to us all such instruments and take such other actions as may be requested by us to carry out and perfect this grant of licence and consent.
– Others’ licence to use your contributions
If you submit material to this site, you permit all other users to access, view, store or reproduce the material for their personal, non-commercial use.
If you submit material to this site, you permit us, for any reason, to:
. Monitor the content of this site, including chat rooms, electronic bulletin boards, forums, and other communications facilities, to determine compliance with these conditions; and
. Edit, refuse to post, or remove any material submitted by you.
However, we do not assume any obligation to monitor or censor materials.
We reserve the right to host moderated or unmoderated forums or other web pages to which site users can post materials (“Forums”).
We are not responsible for:
o Materials posted to Forums by third parties, whether or not we moderate those Forums;
o Materials altered by us in moderating Forums; or
o Our removal of, or failure to remove, all or any part of those materials.
We reserve the right to cooperate fully with any law enforcement authority in any jurisdiction in respect of a lawful direction or request to disclose the identity or other information about anyone posting materials that the authority claims violate any applicable law.
You acknowledge that third-party materials appearing on this site are not necessarily controlled or monitored by us and that the views expressed are not necessarily ours.
The disclaimers, liability limitation, and indemnity above apply to all transactions effected through, or as a result of accessing, this site (including you purchasing and us supplying our products and services).
Third-party websites accessed through links on this site, advertisements, referral buttons, or embedded hyperlinks, might contain representations or offers that you can accept by linking to a relevant site and executing a transaction. These are not representations or offers made by us and the relevant third party is solely responsible to you for the delivery, condition, and suitability of any products or services you purchase by accessing those sites.
We may disclose your personal details:
o To the government as required under the law; to our professional advisors to enforce these Terms; or
This site (excluding any linked, third-party sites) is controlled by us from Australia. Subject to any over-riding conflict of laws principle, any disputes about this site, its contents, or your dealings with us must be determined by the laws in force in Queensland, Australia. You irrevocably and unconditionally submit to the non-exclusive jurisdiction of courts exercising jurisdiction there.
Any provision of these Terms that is prohibited or unenforceable in any jurisdiction will be ineffective in that jurisdiction to the extent of the prohibition or unenforceability. That will not invalidate the remaining Terms nor affect the validity or enforceability of that provision in any other jurisdiction.
We do not warrant that the content of this site complies with the laws of any country outside of Australia. If you access this site from outside of Australia, you do so at your own risk and you accept responsibility for ensuring or confirming compliance with all laws that apply to you as a result of that access or any consequent transactions or dealings with us.
You are responsible for ensuring that your use of this site is lawful, does not infringe any third party’s rights, and does not breach any standards, content requirements, or codes promulgated by any relevant authority (including relevant Internet industry codes of practice).
You warrant that you are of legal age and capacity. Children must not use this site without the express permission of their parents, guardians, or other responsible adults.
Nothing on this site constitutes an offer to provide products or services in any jurisdiction if to do so would contravene the laws of that jurisdiction.
These Terms have been prepared in the English language and must be construed accordingly.
This Agreement constitutes the entire and only agreement between us and you and supersedes all prior or contemporaneous agreements, representations, warranties, and understandings with respect to the site, and the subject matter of this Agreement. To the extent that anything in or associated with the site is in conflict or inconsistent with this Agreement, this Agreement shall take precedence.