In these Terms and Conditions (‘Terms’), a reference to Best Friends, ‘we’, ‘us’ or ‘our’ means a reference to Best Friends Retail Pty Ltd ACN 159 053 399 and its related bodies corporate from time to time.
Acknowledgement and Acceptance
Please read these Terms carefully. By accessing or using this website and any services supplied via this website (‘Services’), you agree that you accept these Terms. You must stop using this website and any Services if you do not agree with these Terms.
Without limiting our other rights and remedies we may refuse to supply any product or Service, and we may deny access to this website, to anyone who breaches these Terms.
We reserve the right at any time to amend, update or remove any part this website or these Terms without prior notice to you, and it is your responsibility to monitor this website for changes. The updated version of these Terms will supersede all prior versions.
We also reserve the right to refuse access or edit or delete any material posted by you in contravention of these Terms.
Access and Use of Material on this Website
When you access or use this website or any Services you must:
- only do so in accordance with these Terms;
- only access parts of this website that are designated for unrestricted public access unless we have expressly given you permission to access other areas and then only for the purposes, and in the manner, permitted by us;
- keep all passwords that we give you confidential and not disclose it to any other person or permit any other person to use that password;
- immediately change any password that we have given you if you believe that it has become known to any other person;
- follow our instructions and any terms we publish on this website when using the Services;
- make sure all information and instructions that you give us are true, correct and complete, and that you are authorised to provide the information and instructions;
- not reproduce, duplicate, copy, sell, re-sell, adapt, transmit in any form by any process (graphic, electronic or mechanical, including further copying, recording, or caching by a storage or information retrieval system, or download accelerator) or otherwise exploit any part of this website for any commercial purpose;
- take your own precautions to ensure that whatever you select from this website is free of viruses or anything else that may interfere with your or any third party's computer systems.
Material Submitted by You
If you use any parts of this website that allow you to submit material (including links to third party content) that can be viewed by the public (‘Material’), then by using these features you acknowledge and agree that:
- you will not post or transmit or otherwise publish Material, or permit or encourage the posting or transmission or other publication of Material, to this website that:
- is subject to any obligation of confidence on the part of Best Friends, its officers, directors, agents, related bodies corporate, employees or third party service providers;
- contains any form of advertising or promotion for goods and services or any spam or other form of unsolicited communication;
- contains software viruses, files or code designed to interrupt, destroy or limit the functionality of this website or any computer software or equipment;
- is illegal, false, inaccurate, misleading, deceptive, invasive of another person’s privacy, defamatory, threatening, abusive, obscene, indecent, libellous, hateful, racially biased;
- breaches any laws relating to a person's right to privacy or the export of personal information, or personal information about another person without their consent;
- you will only publish Material that is your original content of which you are sole owner of all intellectual property rights embodied in such content, or where you have obtained all consents and licences from third parties necessary for the submission and display of the Material on this website and the grant of the licences by you to Best Friends under these Terms;
- you grant an irrevocable, perpetual, worldwide, non-exclusive, transferable, royalty-free and sub-licensable licence to Best Friends to use and display the Material on this website, modify, adapt, publish, create derivate works from, sell and distribute the Material, without any compensation or obligation to you;
- the use by Best Friends of the Material in accordance with the licences granted by you to Best Friends under these Terms will not breach any third party’s rights;
- you will indemnify Best Friends (and its officers, directors, agents, related bodies corporate, employees and third party service providers) from and against any and all claims, losses, liabilities, damages, costs, charges and expenses that may be suffered or incurred by Best Friends (or its officers, directors, agents, related bodies corporate, employees and third party service providers) arising out of, or in connection with, the Material (including any breach of these Terms by you or the Material); and
- you waive all moral rights that you may have in the Material.
To the extent that the Material includes a rating or review of a product or service, by submitting the Material, you represent and warrant to Best Friends that:
- you are a bona fide user of that product or service, and the rating or review reflects your honest opinions, findings, beliefs and experiences in relation to that product or service;
- save to the extent disclosed in the rating or review, you have not received any monetary payment or other valuable consideration in connection with the rating or review; and
- save to the extent disclosed in the rating or review, you do not have any financial interest in that product or service, or any affiliation with the manufacturer or provider of that product or service (or any competitor of the manufacturer or provider of that product or service) which could reasonably be expected to compromise the impartiality of the rating or review.
To the extent the Material includes a question or query, you acknowledge and agree that:
- Best Friends may answer your question or query solely in its own discretion, but is not under any obligation to answer your question or query;
- any answers provided to your question or query are general opinions only and should not be taken as being definitive or exhaustive, nor are such answers intended to be advice as to any specific issue you may have.
Minors under the age of 18 years are prohibited from providing any personal information or making purchases, including subscriptions, on this website.
This website and its contents is provided on an ‘as is’ basis and we do not represent or warrant the accuracy, adequacy, completeness of information on this website or that it is up to date. For example (but without limitation):
- prices and colours of products may change, and all products are subject to availability;
- variations to products may occur from time to time for various reasons (including changes in seasonal range, or product specifications);
- despite every effort to accurately duplicate each product's colours on our website, they are intended as a guide only and actual colours may vary. The colours you see online will also depend on your screen display and settings, therefore, we cannot guarantee that your monitor's display of any image will accurately reflect the colour of the product on delivery;
- description of products are summaries only (with further information available on request to us); and
- due to technical or human error, information may be recorded incorrectly or omitted.
We do not accept responsibility for any loss suffered as a result of reliance on the accuracy, adequacy, completeness or currency of information on this website.
We do not warrant that access to this website will be uninterrupted or error-free, that defects will be corrected or that the site or the server that makes it available are free of viruses, bugs or anything similar that may impact the functionality, accuracy and/or reliability of the website. We will not be responsible or liable to you for any loss of content or material uploaded or transmitted through the website.
You acknowledge that despite reasonable precautions on our part, there is a risk of unauthorised access to or alteration of your transmissions or data or of the information on your computer or this website.
We do not accept any responsibility or liability for any losses that you may sustain as a result of any such activity.
Liability and Limitation
Best Friends is also committed to consumer guarantees under Australian Consumer Law. This means we will assist you if goods:
- are or become faulty through no fault of your own;
- are not fit for a stated purpose or a purpose you made known to our sales staff;
- don’t match our description or sample; or
- have defects that were not obvious, or we did not bring to your attention.
If the fault is minor or can be repaired, then we may choose to repair the goods or give you a replacement. If the fault is serious or cannot be repaired then you can choose to have a refund, get a replacement or similar item or keep the goods but get some money back in compensation.
However, you may be asked to provide proof of purchase. You may also be asked to demonstrate that the problem with the goods was not your fault.
To the fullest extent permissible at law, we disclaim all responsibility for any damages or losses (including, without limitation, financial loss, damages for loss in business projects, loss of profits or other economic losses) whether arising in contract, tort or otherwise from the use of, or inability to use, this website, the Services or any material appearing on this website, or from any action or decision taken as a result of using this website, the Services or any such material.
Third Party Websites
We are not responsible for any information that does not originate directly from us, for any links we provide to third party sites (“Third Party Websites”), or for information or goods or services at or accessible from those Third Party Websites. This includes the content of third-party advertisements appearing on this website and links to Third Party Websites. These are provided for convenience only and may not remain current or maintained. The appearance of advertisements for third parties or links to Third Party Websites on this website is not to be construed as an endorsement, approval, recommendation or preference by us of the owners or operators of those Third Party Websites, or of any information, goods or services referred to or offered on those sites or otherwise posted on this website. Responsibility for any of that content rests solely with those third parties.
No links may be made to this website without our prior written consent.
Intellectual Property Rights
This website and its content are protected by copyright and other laws in Australia, and under similar laws and international conventions globally. You acknowledge and agree that all copyright and other intellectual property rights that may subsist in the content available through this website including text, images, graphics, photographs, video, logos, sounds, layout, designs, software and source code belong to us (or, where relevant, to our licensors, or other third parties). Except as permitted by these Terms, or with our prior written permission, you may not, in any form or by any means:
- use this website or any information or other material from this website, including any information about products or services obtained from any part of this website, for any commercial purpose;
- remove any copyright, trademark or any other intellectual property notice from any material accessible on this website; or
- copy, adapt, modify, store, distribute, print, display, perform, publish, transmit, alter or tamper with in any way, or otherwise use, any material contained in any part of this website (except as expressly permitted in these Terms).
Nothing contained in this website shall be construed as granting any licence or right to use any trademark displayed on this website.
If any provision of these Terms is deemed invalid, void, or for any reason unenforceable, that provision shall be deemed severable from the other provisions of these Terms and shall not affect the validity and enforceability of any other provision of these Terms.
If we do not exercise or enforce any right available to us under these Terms or otherwise arising at law or in equity, this does not constitute a waiver of those rights.
These Terms (and the provision of products and services by us) are governed by and to be interpreted solely in accordance with Australian law. In the event of any dispute arising in relation to these Terms or their subject matter, the Australian courts will have non-exclusive jurisdiction over such dispute.
Best Friends makes no representation or warranty that the content of this website complies with the laws of any country outside Australia. If you access this site from outside Australia, you do so at your own risk and are responsible for complying with the laws in the place where you access this website.
Last updated 14th April 2020