Welcome to our website. The following document contains the Terms and Conditions that govern your use of this website along with our social media sites (Sites). They describe your rights and responsibilities. Please take a few minutes to review these Terms and Conditions. Your use of Site constitutes your agreement to follow these rules and to be bound by them. If you do not agree with any of these Terms and Conditions, do not use the Sites.
The Sites are owned and operated by BHH Technologies Pty Ltd ACN 124 941 028 (hereinafter referred to as "'we', 'us', 'our' or 'it'). We reserve the right to add to, delete or change any content contained within the Sites, these terms and our privacy policy because of frequent changes in Internet technology and applicable law. As such, you should check these terms and conditions from time to time for the latest version which is effective immediately upon publishing.
Returns & Credits
All goods sold on our Sites come with guarantees that cannot be excluded by Australian Consumer Law. You are entitled to a replacement or refund for a major failure and compensation for any other reasonably foreseeable loss or damage. You are also entitled to have the goods replaced if the goods fail to be of acceptable quality and the failure does not amount to a major failure.
If any part of your order or products are defective or faulty, you should first contact our Customer Service team (info@bhhtechnologies.com) or through your account. We will resolve any dispute in accordance with the Australian Consumer Law, this may include, at our sole discretion, replacing or refunding you the price of the product to your original payment method.
Returns and claims for credit must be made within 10 days of receipt of goods. After 10 days you will be deemed to have waived all rights to return goods or claim credits and all such returns made or credit claims sought after 10 days shall be accepted at our sole discretion. All claims will be treated on an individual basis and are limited to the invoiced price of goods.
Returns and claims may not be made in relation to discounted goods. Discounted goods refers to goods which have had a reduction in their basic sales price prior to the sale of such goods to you.
If there is a free trial then this section applies:
If you are not satisfied with our products for any reason and it is within the offered free trial or money back guarantee period, you may return them and not be charged, or refund provided if applicable. Products must be returned in accordance with Return Process nominated on invoice.
If you cancel your free trial within the prescribed Free Trial period, or if you return the product during the money back guarantee period, you will be responsible to pay the postage and handling charges associated with the product. No refunds will be issued for postage and handling.
A Returns Authorisation Code is required to be quoted on all returned product and can be obtained from our customer service representative on (info@bhhtechnologies.com) prior to the return of the product. All relevant sales details are required to process your request. We accept no responsibility for returned goods that are lost in transit. All returns must be received by us within 10 days of the Returns Authorisation Code being issued.
Product Description and Colours
We have done our best to display as accurately as possible the colours of the products shown on this web site. However, because the colours you see will depend on your monitor, we cannot guarantee that your monitor's display of any colour will be accurate.
Correction of Errors and Inaccuracies; Limitations on Quantity
Whilst we make every reasonable effort to present accurate information on the Sites, the information may contain typographical errors or inaccuracies and may not be complete or current. We therefore reserve the right to correct any errors, inaccuracies or omissions and to change or update information at any time without prior notice (including after you have submitted your order). Please note that such errors, inaccuracies or omissions may relate to product description, pricing and availability. We also reserve the right to limit quantities (including after you have submitted your order). We apologise for any inconvenience this may cause you. If you are not fully satisfied with your purchase please see our returns policy for details on how to obtain a refund.
Purchases - Other Terms
Additional terms and conditions may apply to the purchase of goods and to specific portions or features of the Sites, including contests, promotions or other similar features, all of which terms are made a part of these Terms and Conditions by this paragraph.
You agree to abide by such other terms and conditions, including (where applicable) representing that you are of sufficient legal age to use or participate in such service or feature. If there is a conflict between these Terms and Conditions and the terms posted for or applicable to a specific portion of the Sites or for any service offered on or through the Sites, the latter terms shall have authority with respect to your use of that portion of the Sites or the specific service.
Submissions
We welcome your comments regarding the Sites. However, any comments, feedback, notes, messages, ideas, suggestions or other communications (collectively, "Comments") sent to us shall be and remain our exclusive property. Your submission of any such Comments shall constitute an assignment to us of all rights, titles and interests in all copyrights and other intellectual property rights in the Comments. We will be entitled to use, reproduce, disclose, publish and distribute any material you submit for any purpose whatsoever, without restriction and without compensating you in any way. For this reason, we ask that you not send us any comments that you do not wish to assign to us, including any confidential information or any original creative materials such as stories, product ideas, computer code or original artwork.
Communication from us
As a condition of purchase from us we reserve the right to email you product alerts and special offers that we believe may be of interest to you. We respect your right not to receive these communications and if you advise us at the time of placing your order that you do not wish to receive these special offer and alert emails we will disable that functionality for your account. Each and every one of these communications will contain a clear link to Unsubscribe. We assure you that once you have unsubscribed we will immediately remove your name from the communication list and will no longer send you these special offers and alerts, unless you choose to re-subscribe at a later date.
Purchases, Charges and Billing
Certain features offered through our website may be conditioned on entering into a financial transaction with us. We reserve the right to refuse any order you place with us or cancel your order for any reason. In the event we make a change to or cancel an order, we will attempt to notify you by contacting the e-mail and/or billing address/phone number provided at the time the order was made.
By entering into any transaction, you warrant and represent that all information you provide is true and correct (including, without limitation your credit card/bank account number, card expiration date and address), that any transactions are authorised, and that you are the legal holder of any credit card or payment account used to enter into any transaction. By providing a method of payment pursuant to a transaction, you confirm that you are permitted to use that method of payment. You also authorise us to collect and store it, along with other information related to your transaction. You authorise us (and our designated payment processor) to charge the full amount to the payment source you designate for the transaction. If your payment results in an overdraft or other fee from your bank, you alone are responsible for that fee. You are responsible for and agree to reimburse us for all reversals, charge-backs, claims, fees, fines, penalties and other liability incurred by us (including costs and related expenses) that were caused by or arising out of payments that you authorised or accepted.
In the event (a) your method of payment is not valid, (b) we determine, in our sole discretion that a transaction is unauthorised, (c) your method of payment cannot be processed at the time of any charge, or (d) any charge is disputed for any reason other than the undisputed failure by us to deliver the products purchased by you, we reserve the right to immediately terminate any pending transactions, suspend your access to the website, thereby terminating all of our obligations to you under this Agreement, and, in addition, to charge you an administrative processing fee equal to $20 AUD, per instance, which charge you hereby authorise by entering into any transaction through the Site. Notwithstanding the foregoing, you agree that any formal payment disputes lodged with any bank, credit or payment card company shall be invalid unless you notify us within 60 days from date of the applicable transaction that you wish to dispute any charge relating thereto, and that you have made reasonable, good faith efforts to resolve such dispute with us directly, and such efforts have failed
If you are required to pay a fee for any product for which you have chosen to purchase, you hereby authorise BHH Technologies Pty Ltd to charge your credit card in advance for all applicable fees incurred by you in connection with your chosen product and your account. The initial charge is non-refundable. You acknowledge that it is your responsibility to notify BHH Technologies Pty Ltd ACN 124 941 028 of any changes to your credit card or if your credit card has expired otherwise your access to the service may be disconnected or interrupted. All fees shall be paid in your selected currency.
All charges for your website will show on your credit card statement as BHH Technologies Pty Ltd.
Your use of the Website
While utilising our Sites, you may not use any automatic device, program, algorithm or methodology, or any similar or equivalent manual process to access, acquire, copy or monitor any portion of the Sites or any content, or in any way reproduce or circumvent the navigational structure or presentation of the Sites or any content, to obtain or attempt to obtain any materials, documents or information through any means not purposely made available through the Sites. We reserve our right to bar individuals thought to be conducting such activity. You may not attempt to gain unauthorised access to any portion or feature of the Sites, or any other systems or networks connected to the website or to any server, or to any other services offered on or through the Sites by hacking or any other illegitimate means.
You agree that you will not take any action that imposes an unreasonably large burden on the infrastructure of the Sites or our systems or networks, or any systems or networks connected to the Sites.
Copyright / Trademark Information
The entire Sites, copy, images, logos, indicia, text, content, and unique method of showcasing products is subject to copyright. Permission to use documents delivered from Sites and/or server and related graphics is restricted. Our name or any trademark or logo appearing on the Sites may not be used in advertising or publicity pertaining to distribution of this information without specific, written prior permission from us. The information contained in the Sites is subject to change without notice. We are not responsible for typographical, technical, or descriptive errors of products herein.
Indemnification
You must indemnify and hold us and our employees, representatives, agents, affiliates, directors, officers, managers and shareholders (the "Parties") harmless from any damage, loss, or expense (including without limitation, attorneys' fees and costs) incurred in connection with any third-party claim, demand or action ("Claim") brought against any of the Parties alleging that you have breached any of these terms and conditions. If you have to indemnify us under this Section, we will have the right to control the defence, settlement, and resolution of any Claim at your sole expense. You may not settle or otherwise resolve any Claim without our express written permission.
Limitation of Liability
We make no representation or warranty of any kind, express or implied, as to the operation of this Sites or the information, content, materials, or products included on this Sites. You expressly agree that your use of the Sites is at your own risk.
To the full extent permissible by applicable law, we disclaim all warranties, express or implied, we do not warrant that the Sites, its servers, or email sent from us are free of viruses or other harmful components. We will not be liable for any damages of any kind arising from the use of the Sites, including, but not limited to direct, indirect, incidental, punitive, loss of use, loss of data, loss of business or profits and consequential damages.
Some localities do not allow the exclusion or limitation of incidental or consequential damages, so the above limitation or exclusion may not apply to you. To the extent permitted by law, we do not accept any liability for any damage or injury caused by the use or misuse of products purchased from us.
Shipping We are responsible for arranging shipping of all goods purchased on the Sites and for providing You with all relevant information in relation to all applicable shipping charges and tracking information. The total amount displayed by us on the Sites is the total price payable for the goods including tax.
We utilise our own shipping and distribution networks and may charge different rates for shipping on products. We will set their own delivery time frames and you may contact us directly to obtain an estimated delivery date and/or tracking information (if applicable). Any delivery dates which may be specified on the Sites are estimated dates only. You acknowledge that these delivery dates may vary and delays in delivery may be unavoidable.
We will try to ensure that all orders are delivered in a prompt and timely manner. However, from time to time, it is possible that shipping and other factors outside of our control may result in delays. We do not accept any liability for loss or damage suffered by anyone as a result of any such delays.
Privacy
Personal information will be collected, used and shared in accordance with our Privacy Policy. The Privacy Policy describes how the we store and use your personal information.
By providing personal information to us, you consent to the collection, use, storage and disclosure of that information as described in the Privacy Policy and these Terms and Conditions. Information provided may be disclosed to third parties including supplies, buyers, sellers, or as required by law.
Miscellaneous
These Terms and Conditions will be binding upon each party hereto and its successors and permitted assigns, and governed by and construed in accordance with the laws of the State of New South Wales without reference to conflict of law principles. These Terms and Conditions will not be assignable or transferable by you without our prior written consent. These Terms and Conditions (including all of the policies and other Agreements described in this Terms and Conditions, which are hereby incorporated herein by this reference) contain the entire understanding of the parties regarding its subject matter, and supersedes all prior and contemporaneous agreements and understandings between the parties regarding its subject matter. No failure or delay by a party in exercising any right, power or privilege under these Terms and Conditions will operate as a waiver thereof, nor will any single or partial exercise of any right, power or privilege preclude any other or further exercise thereof or the exercise of any other such right, power, or privilege. The invalidity or unenforceability of any provision of these Terms and Conditions will not affect the validity or enforceability of any other provision of these Terms and Conditions, all of which will remain in full force and effect.
Unless otherwise specified, all prices quoted and sales transactions are in Australian Dollars. GST is included in sales to Australian customers.
PRIVACY & SECURITY
BHH Technologies Pty Ltd ACN 124 941 028 is committed to protecting your personal information. This Privacy Policy sets out the details relating to your data relationship with BHH Technologies, and applies to all services and interactions with BHH Technologies and other related social media sites and pages.
This Privacy Policy applies to products and services offered by us, and by using our services you agree and consent to the collection, use and disclosure of your information in connection with providing you our services.
What we collect and how we collect it
The personal information we collect about you depends on the dealings you have with BHH Technologies. Personal Information includes information about an individual who is reasonably identifiable. You generally have the option of interacting with us anonymously or using a pseudonym, however in some instances this may prevent us from being able to provide you with products and services, for an example where you place an order for products online.
The types of personal information we collect and use information depending on your interaction and transactions with us, including:
What Information do we collect?
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contact name and details;
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payment and transaction information including type, bank and credit card details etc;
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delivery address or collection details;
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your location details through your smart phone or device;
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certain departments may request sensitive information such as skin type in cosmetics or size details in intimate apparel, in order to provide you with products or services;
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transaction, product, services and activity details of purchases, preferences and interactions.
How do we collect information?
When may collect your personal information when you:
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use or visit BHH Technologies online store, related websites, social media platforms or Apps;
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make a purchase or place an order;
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setup a BHH Technologies account;
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enter a competition or complete a survey;
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send us an enquiry or provide us with feedback;
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participate in a promotion, competition, or survey;
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join a mailing list;
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post a review, rating or comment on our website or social media page.
Use of Cookies
Information is automatically collected through your use of the BHH Technologies sites, Affiliates’ websites and Apps, electronic communications, through cookies. Cookies are small text files that websites or Apps may place on your computer or device. Generally, cookies are used to recognise repeat Customer of websites and remember user preferences. We may collect this information both anonymously and in relation to user accounts. Cookies are also used to allow the website to gain statistical information about your usage behaviour and aggregate data to allow BHH Technologies to customise a user's experience on their websites. The information is used and disclosed by BHH Technologies for purposes including statistical analysis and to assist us improving the functionality and usability of the website and related Apps. You can switch off cookies by adjusting the settings on your web browser.
Why we collect personal information
We collect your personal information to provide, administer, improve and personalise our products and services, and to support our business functions, including:
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to provide you with products and services;
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to improve our service operations to enhance your customer experience;
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to manage and work with our service providers to fulfil your request for products and services such as processing transactions and payments, delivering products and services, providing refunds and discounts;
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to register and service your account, including any online account with the Site and keeping your information up‐to‐date, and verifying your identity;
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promoting and communicating BHH Technologies products and services through direct marketing, events and competitions, public relations and social media. We may also make use of third parties who use cookies to serve ads to you based on your past visits and use of our website. This allows us to notify you of products or offers which we think might be of interest to you;
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to communicate with you and perform research and statistical analysis, such as customer satisfaction and product and service improvement purposes, tailor products and promotional offers to you, usage behaviour and user experience for online and digital platforms to improve functionality and usability. This may include matching information we collect against other information held by third parties, partners and sellers that you have consented to share your information with (We may also use and disclose de-identified data for these purposes);
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to respond to your query, feedback or concerns;
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responding to and interacting with regulatory bodies and relevant government agencies;
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general planning and administration, and as other required or permitted by law. We may also collect, hold, use and disclose personal information for other purposes explained at the time of collection or which are required or authorised by or under law, and for which you have provided consent.
Digital marketing, advertising and opting out
By providing your address, email address and contact number to BHH Technologies or its related parties and partners, you consent to BHH Technologies contacting you. We may send this information in a variety of ways, including by mail, email, social media, SMS, MMS, telephone. You may prefer to provide to us your personal email address or mobile number rather than, for example, an email address accessible by your work colleagues. If we send you direct marketing or send you electronic marketing messages based on your consent or as otherwise permitted by applicable law, you may, at any time, withdraw your consent or opt-out by:
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Contacting our Customer Service team here: (info@bhhtechnologies.com) or
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Using the unsubscribe facility that we include in our electronic messages (eg email, SMS or MMS) to opt out of receiving those messages.
Sharing your personal information
BHH Technologies works with a number of suppliers that provide us with services to fulfil your request or carry out specific functions on our behalf, including:
*Contracted or approved third party service providers or contractors to provide you with products or services requested by you or may be of interest to you, to process your payment, to communicate offers and promotions to you, and for product development and product, service and market research. An example of an approved third party service provider is but not limited to is Shopify, their Privacy Statement can be located at https://www.shopify.com/au/legal/privacy.
*Our loyalty program partners, suppliers and service providers.
*Approved technology services including application and systems, cloud computing facilities, development and technical support, processing, storing, hosting, research and to analyse data.
*Business advisors, including lawyers, accountants, insurance, recruitment advisors and agencies, auditors or other professional service providers to the extent reasonably required.
*Regulatory, investigative or government bodies to comply with applicable laws or respond to valid legal process such as a search warrant, a court order or a subpoena and fraud management.
Some of our trusted service providers such as technology or data storage providers may be located outside of Australia including Japan, Singapore, India, Hong Kong, the Philippines, the United States of America and other countries or jurisdictions depending on the nature of the services those recipients provide to BHH Technologies Pty Ltd.
Protection of personal information
Personal information we hold will be in electronic form with our trusted service provider. Any trusted service provider must observe and meet our information security requirements to minimise the risk of unauthorised access to, and loss, misuse or unapproved alteration of, personal information.
In addition we have a number of security controls in place and use a range of resources, process and technology controls to protect your personal information. While we endeavour to protect the personal information of Customer of our website, we cannot guarantee the security of information you disclose online. You disclose that information at your own risk. You should be aware that no method of transmission over the Internet or method of electronic storage is 100% secure. You can also help protect your personal information by keeping your BHH Technologies account details confidential, access is limited and we encourage you to use a unique and strong password, limit access to your computer and log out after use. If you become aware of unauthorised access, please contact the BHH Technologies Customer Service team as soon as practicable using these details info@bhhtechnologies.com
Third party sites
We may display advertisements from third parties and other content that links to third-party websites. Links to third party sites that are not operated or controlled by BHH Technologies are provided for your convenience. If you click on a third-party advertisement or link, you are leaving BHH Technologies and any personal information you provide will not be covered by this Policy. BHH Technologies is not responsible for the privacy or security practices of those sites. Third party websites should have their own privacy and security policies, which we encourage you to read before supplying any personal information to them.
Access and Corrections
Access
If you would access to personal information we hold about you, please contact the BHH Technologies Customer Service team (info@bhhtechnonolgies.com). When making an access request, please provide as much detail as you can about the particular information you seek, in order to help us retrieve the information. We may ask you to verify your identity before proceeding with any request you make, this includes providing us satisfactory proof of identity as determined by us.
Corrections
If you ask BHH Technologies to correct personal information that we hold about you, or if we are satisfied that the personal information we hold is inaccurate, out of date, incomplete, irrelevant or misleading, we will take reasonable steps to correct that information to ensure that, having regard to the purpose for which it is held, the information is accurate, up-to-date, complete, relevant and not misleading. If we correct personal information about you, and we have previously disclosed that information to another agency or organisation that is subject to the Privacy Act, you may ask us to notify that other entity. If so, we will take reasonable steps to do so, unless this would be impracticable or unlawful. You should ensure that all personal information submitted to us is complete, accurate, true and correct. Failure on your part to do so may result in our inability to provide you with the products and services you have requested. A record of the changes made to your personal information may be noted in your account or filing.
Complaints or Questions
If you would like further information about how we manage your personal information, or if you have any queries relating to our Privacy Policy, or wish to lodge a complaint in relation to an alleged breach of the Privacy Act, please contact the BHH Technologies Customer Service team using the following contact details: info@bhhtechnologies.com
We may ask you to submit your complaint in writing. We may discuss and share your complaint with our staff and our service providers and others as required and appropriate.
All complaints received by the Customer Service Team will be dealt with in a timely manner considering all the circumstances of the complaint. In most cases, we expect that complaints will be investigated and a response generally provided within 30 days of receipt of the complaint.
Updates to this Policy
BHH Technologies may amend this Privacy Policy from time to time without notice. You should check this page regularly to take notice of any changes. The current version will be posted on our website and a copy may be obtained by contacting our Customer Service team.
General
This Privacy Policy and your use of BHH Technologies services including the website is governed in all respects by the laws of New South Wales, Australia and you agree to submit to the exclusive jurisdiction of the courts of Australia.
For information about privacy generally, you may visit the Office of the Australian Information Commissioner’s website at www.oaic.gov.au
