Terms & Conditions
WEBSITE TERMS OF USE AND DISCLAIMER
Welcome to our website. This website (located at unibyte.com.au) is owned and operated by S.J Evans & B.G Madin trading as Universal Byte (ABN 33 264 898 221) (“Universal Byte”, “we”, “us”). Should you continue to use this website, you are agreeing to comply with and be bound by the following terms and conditions of use and disclaimer which, together with our Privacy Policy, govern our relationship with you in connection with this website. Should you not agree with any of these terms and conditions, please do not use our website.
Please note that further terms and conditions govern the purchase of any goods and services described on our website. Please refer to our Terms & Conditions of Sale.
Your use of this website is subject to the following terms and conditions:
1. USE OF OUR WEBSITE
The content of this website is for your general information and use only and is subject to change without prior notice.
You can only ever use our website for lawful purposes (such as researching our goods and services or contacting us) in a manner consistent with the nature and purpose of the website, and in a way that doesn’t impact on anyone else’s use and enjoyment of the website. We have a zero-tolerance policy for users who conduct themselves unlawfully or encourage such conduct, who post any defamatory, obscene, offensive or scandalous material, harass or cause distress or inconvenience to any person, or disrupt the website. We reserve the right to ban any users who engage in such behaviour.
You’re not permitted to change, add to, remove, deface, hack or otherwise interfere with our website or any material or content displayed on the website, or attempt to do any of those things.
Unauthorised use of this website may be a criminal offence and/or give rise to a claim for damages.
2. INTELLECTUAL PROPERTY
This website contains material which is owned by or licensed to us. This material includes, but is not limited to, the content, design, layout, appearance, look, graphics, text, logos, button icons, video images, audio clips, code, scripts, design elements and interactive features of the website, and is protected by copyright under the laws of Australia and through international treaties.
Unless we say otherwise, all rights (including copyright) in the website are owned or controlled by us and are reserved by us.
Any reproduction of the website or website content is prohibited other than in accordance with these terms.
All designs, trade marks, service marks and trade names are owned, registered and/or licensed by us, save for any trademarks reproduced on this website which are not the property of or licensed to us, which are acknowledged on the website.
As a user of our website, we grant you a worldwide, non-exclusive, royalty-free, revocable license to use our website in accordance with these terms, to copy and store the website and its content in your device's cache memory and to print pages from the website for your own personal and non-commercial use.
Except as outlined above, we don’t grant you any other rights whatsoever in relation to the website- all other rights are expressly retained and reserved by us and nothing you do on or in relation to the website will transfer any intellectual property or associated rights.
If you would like to share our website or social media content that’s freely available for re-use or is in the public domain, you are permitted to do so, as long as you attribute same to us and link back to our website. If you’d like to share, re-publish or otherwise use our website or content in a way that you aren’t expressly authorised to do by these terms, please don’t hesitate to get in touch with us.
3. SUBMISSIONS
We’ll sometimes ask our users to contribute content to our website or social media. Please note before you do so that any material you send to us (including any data, questions, comments, suggestions, ideas, designs, images, videos, audio, marks or other information) will be deemed to be non-confidential and non-proprietary, unless you tell us otherwise. You authorise us to use it for any purpose, without compensation to you.
From time to time we may maintain a blog on our website to keep you up to date about our latest products. As a website user, we may give you the opportunity to comment on our blog posts. Please note that we do regularly screen and review blog comments. We reserve the right to remove comments that we consider may not align with our brand values. You are expressly prohibited from posting any comment or content that is defamatory, offensive or otherwise inappropriate. You warrant that all information that you submit to us via our website is true and correct, to the best of your knowledge and information, and that you are the rightful owner of all intellectual property rights in such information.
We may also feature guest bloggers from time to time. We want you to know that we don’t necessarily endorse or support any views, opinions, standards or information expressed in guest blogs and/or the comments section of our blog.
If you find something offensive or inappropriate, please don’t hesitate to get in touch with us and we’ll review the material to see whether it should be removed.
4. PRIVACY
We take your privacy seriously. All information we collect through your use of the website and how we use and disclose it is set out in our Privacy Policy, which is available on our website.
5. LINKS TO OUR WEBSITE
If you would like to link to our website, please get in touch with us with your URL, a brief description of your website and why you want to establish a link. Please note that if we allow you to link to our website, we may impose certain terms or conditions. If the nature or content of your website changes in any significant way after the authorised link is established, you must let us know and provide us with a new description of your website. If the change means that your website is no longer a good fit with ours, we may ask you to remove the link. Refusal will constitute a breach of these terms.
6. LINKS FROM OUR WEBSITE TO OTHER WEBSITES
We may also, on occasion, include links to other websites which are not controlled by us. These links are provided for your convenience to provide you with further information. You acknowledge that they are used at your own risk. Please note that we include these links for your convenience, however we don’t necessarily endorse or support the views, opinions, standards or information expressed on them. We have no control over the nature, content and availability of those websites. For your own safety, please make sure you check the protocols and standards of the linked sites before using them.
7. OUR USE OF COOKIES
We use cookies to monitor browsing preferences and to help us improve, promote, and protect our website and services. By continuing to use the website, you agree to our cookie policy. You can find out more information about our cookie policy in our Privacy Policy, which is available on our website.
8. SECURITY
Our website is security assured by Wix.com, Inc. to read more information about their security visit wix.com/website-security. We use our best endeavours to ensure the website is free of any malware, bugs, viruses, trojan horses, ransomware or other harmful code or communications which may be transmitted to or through the website, including links to other sites.
9. DISCLAIMER AND INDEMNITY
Nothing in these terms limits or excludes any rights, guarantees, warranties, representations or conditions that you are entitled to by law that can’t be limited or excluded, including under the Australian Consumer Law, which forms Schedule 2 to the Competition and Consumer Act 2010 (Cth) (ACL).
Apart from that, to the extent permitted by law, we exclude all terms, guarantees, warranties, representations or conditions as to the performance, accuracy, timeliness, completeness or suitability of the information and materials found or offered on this website for any purpose which are not expressly stated in these terms. You hereby acknowledge that such information and materials may contain mistakes, inaccuracies or errors and we expressly exclude any liability for such to the fullest extent permissible by law.
We will not be liable for any special, indirect or consequential loss or damage (unless such loss or damage is reasonably foreseeable resulting from our failure to meet an applicable consumer guarantee to which you are entitled under the ACL), loss of profit or opportunity, or damage to goodwill arising out of or in connection with the website or these terms (including as a result of not being able to use the website), whether at common law, under contract, tort (including negligence), in equity, pursuant to statute or otherwise. If we can’t exclude liability but we can limit it, we limit it to the maximum extent permitted under section 64A of the ACL.
We make the website available to you, however you use it at entirely your own risk, for which we will not be liable. Everything on the website is provided "as is" and "as available" – we don’t make any representations or warranties of any kind – and we exclude all liability for loss or damage you might suffer because of:
• failures, errors, mistakes, inaccuracies, interruptions, defects, delays, viruses, lost, stolen, altered or misused data, unlawful third party conduct arising out of the website;
• unsuitable or out of date information on the website (including third party material and advertisements on the website);
• you or any other person acting or not acting, on any information;
• personal injury or property damage of any nature resulting from your or any other person’s access to or use of the website;
• any unauthorised access to or use of information or data, including personal and financial information, collected by us;
• any interruption of transmission to or from the website;
• any unauthorised access to or use of information or data, including personal and financial information, collected by us;
• any malware (bugs, viruses, trojan horses, ransomware or other harmful code or communications) which may be transmitted to or through the website, including links to other sites;
• costs incurred by you in using the website; and
• links which are provided for your convenience.
It is your own responsibility to ensure that any services or information available through this website meet your specific requirements.
You indemnify us from and against all claims, suits, demands, actions, liabilities, costs and expenses (including legal costs and expenses on a full indemnity basis) resulting from your use of the website.
10. CHANGES TO TERMS
If we decide to change these terms (and we can do so at any time), we’ll post a copy of our revised terms on our website. Changes to the terms will take effect immediately on being published on the website. Your continued use of the website indicates your acceptance of the revised terms.
11. SEVERANCE
If any part of these terms is found to be void or unenforceable by a Court of competent jurisdiction, that part will be severed and the rest of the terms will remain in force.
12. NO AFFILIATION
Our website is not a part of the Facebook website, Meta Platforms, Inc., YouTube, Instagram, Twitter or Google, nor is it endorsed by or affiliated with any of those websites or their owners in any way.
13. TERMINATION
The agreement between us constituted by your use of the website may be terminated at any time by us without notice, in which case all disclaimers and limitations of liability will survive termination, however, you will no longer be authorised to access the website.
14. JURISDICTION
As we are based in the State of Victoria, Australia, these terms will be governed by the laws of the State of Victoria, Australia. In the event of any dispute, we ask that you first contact us, and we’ll do our best to resolve the dispute to our mutual satisfaction quickly, cheaply and efficiently. If we do end up in court, you agree that the exclusive venue for resolving any dispute will be in the courts of the State of Victoria, Australia and courts of appeal from them.
This document was last updated: 5/12/2021
Privacy Policy
This Privacy Policy sets out the commitment of S.J Evans & B.G Madin trading as Universal Byte (ABN 33 264 898 221) (“Universal Byte”, “we”, “us”) to protect the privacy of personal information we collect about you, including through this website, unibyte.com.au (“Website”), as well as through our other business operations or directly from you.
Please read this Privacy Policy carefully and contact us using the details set out below if you have any questions.
By providing us with personal information, you indicate that you have had sufficient opportunity to access this Privacy Policy and that you have read and accepted it and consent to the collection, use, holding and disclosure of your personal information as outlined.
If you don’t want to provide personal information to us, then you don’t have to, however this may affect your use of this website.
1. TYPES OF PERSONAL INFORMATION WE COLLECT
The types of personal information we collect may include:
• identity data (including your name and username or similar identifier);
• contact data (including your contact details such as your billing and delivery address, email address and telephone number);
• transaction data (including details about payments to and from you and other details of products you have purchased from us);
• technical data (including your internet protocol (IP) address, your login data, browser type and version, time zone setting and location, browser plug-in types and versions, operating system and platform, and other technology on the devices you use to access our website);
• profile data (including your username and password, purchases or orders made by you, your interests, preferences, feedback and survey responses);
• usage data (including information about how you use our website, products and services); and
• marketing and communications data (including your preferences in receiving marketing from us and our third parties and your communication preferences). If you’re a customer and would like to deal with us anonymously or use a pseudonym, feel free to do so.
2. HOW WE COLLECT PERSONAL INFORMATION
We collect this information from you when you make an enquiry with us via telephone or email, purchase a product via our website, or in person, sign up for updates to our newsletter, return a product due to our change of mind policy or register a membership with us.
We are committed to using lawful and fair means to collect personal information and collecting it from others only when it is unreasonable or impracticable to obtain certain information from you directly. We collect personal information about you from:
• You
• Searches and enquiries
• Your use of our website
Third parties may also use cookies, web beacons and similar technology to collect or receive information from our website or from you and from elsewhere on the internet and use that information to provide measurement services and targeted advertising (such as the Facebook pixel, Google Analytics and AdWords). If we receive your personal information from third parties, we will protect it as set out in this Privacy Policy.
We will destroy or de-identify information where we form the opinion that the information has been provided to us unlawfully or unfairly.
3. WHY WE COLLECT, HOLD, USE AND DISCLOSE PERSONAL INFORMATION
We collect, hold, use and disclose your personal information as is reasonably necessary for us to perform our core functions and activities, including for the following purposes:
• to contact and communicate with you Privacy Policy 2
• to provide goods and/or services to you
• to maintain a database of customers, subscribers or similar
• to market to you and others, including remarketing (this may involve the use of a Facebook pixel or similar technology to allow us to display our advertising to you elsewhere on the internet, for example, on Google or Facebook)
• for internal record keeping
• for statistical purposes
• as required by law
Where we disclose your personal information to third parties for these purposes, we will do our best to ensure that their privacy policy adheres to similar standards of privacy protection and/or request that the third party follow this Privacy Policy regarding handling of your personal information. We will also be diligent in ensuring that the personal information we disclose is accurate, up-to-date, complete and relevant.
We will not use or disclose personal information for the purpose of direct marketing unless you have consented to the use or disclosure of the information for that purpose.
Your personal information may be disclosed to international recipients in the US or EU as part of our ordinary business functions.
Please note that we will not disclose your personal information for any purpose other than the purpose for which it was collected without your consent, unless we are required to do so by law.
4. USE OF COOKIES
A cookie is a small text file that’s placed on your computer to help us remember your preferences, like your login information or location. Cookies are used for a variety of reasons. We use cookies to make it easier and faster for you to use our website. We also use cookies for security purposes to protect you online. We and our third-party vendors may also use cookies to display advertisements to you elsewhere on the internet.
5. LINKS TO OTHER SITES
To help you find more information, we sometimes include links to other helpful websites from our website. Please note that this Privacy Policy only applies to information that we collect on our website (not any other site). As we aren’t responsible for data collection on those other sites, our Privacy Policy won’t apply. We can’t guarantee any of the privacy practices of other websites, so please be safe and make sure you read their privacy policy before giving them your personal information.
6. HOW YOU CAN ACCESS AND CORRECT YOUR PERSONAL INFORMATION
Access: You can request details of personal information that we hold about you. We will respond to any request to access information within a reasonable time.
Correction: If you believe that any information we hold about you is inaccurate, out of date, incomplete, irrelevant or misleading, please contact us using the details set out below. We rely in part on you advising us when your personal information changes. We will endeavour to promptly correct any information found to be inaccurate, incomplete or out of date and to notify you of the correction, unless it is impracticable or unlawful to do so.
Deletion: If you want us to delete personal information we hold about you or to not collect information from you for a specific purpose, such as targeted advertising, please contact us using the details set out below. Please note that if we agree to delete your information, because of backups and records of deletions, it may be impossible to completely delete your information without retaining some residual information. We will functionally delete the information and we will not sell, transfer, or use personal information relating to you in any way moving forward.
We will respond to any request to access, correct or delete information within a reasonable time.
7. HOW WE MAINTAIN THE SECURITY OF YOUR INFORMATION
We are committed to ensuring that the personal information we hold is secure and protected from misuse, interference, loss and unauthorised access, modification or disclosure. We undertake the following precautions to protect personal information we hold:
• our website contains pages encrypted with SSL (Secure Sockets Layer) to ensure the safety of any data that is submitted through use of this website
• we limit access to personal information to a “need-to-know” basis Privacy Policy 3
• we protect devices we use to collect, hold, use and disclose personal information with industry-standard antivirus software
• our devices are protected by password and are stored in secure premises
• data is securely stored on cloud servers
• our email data is encrypted
• all hard copies of personal information are kept in secure storage with access by authorised personnel only
• all conversations involving the discussion of personal information take place in private, where conversations are unable to be overheard by unauthorised personnel
• if we no longer need personal information, we take reasonable steps to delete or de-identify the information
While we take commercially reasonable measures to maintain a secure website and business, electronic communications and databases are subject to errors, tampering and break-ins, and we cannot guarantee or warrant that such events will not take place and we will not be liable to you for any such occurrences. If a data breach occurs involving your personal information and the breach is likely to cause harm to you, we will notify you as soon as possible after the occurrence in accordance with our obligations under the Privacy Act and related legislation.
8. HOW YOU CAN MAKE A COMPLAINT ABOUT PRIVACY BREACH
If you believe that we have breached this Privacy Policy and want to make a complaint about that breach, please contact us using the details set out below. If you are unsatisfied with our response, the Office of the Australian Information Commissioner may be able to assist you with a review of our decision. Contact the OAIC for more information.
9. HOW YOU CAN UNSUBSCRIBE OR OPT OUT
We like to keep our customers and website visitors up to date, so from time to time we’ll send you newsletters, invitations and updates. Not to worry: our emails will always come with an "Unsubscribe" button, so you can opt out at any time. To unsubscribe from our email database, or opt out of communications, use the “Unsubscribe” button in our communication or contact us using the details set out below.
You can block the use of cookies by selecting the appropriate settings on your browser. You can opt out of third party vendor cookies by visiting your Google Ad settings or optout.networkadvertising.org/?c=1. Please note that the website may not work as well for you if you disable cookies.
You can also opt out of information collecting for advertising targeting by visiting optout.aboutads.info.
10. CHANGES TO THIS POLICY
If we decide to change our Privacy Policy, we'll let you know by posting such changes on our website.
11. CONTACT DETAILS
For any questions or notice, please contact us using these details:
Bradley Madin – Mobile: 0405 522 909 – Email: brad@unibyte.com.au
This Privacy Policy was last updated: 3/12/2021
Universal Byte WEBSITE Terms and Conditions of Sale
These are the Terms and Conditions of S.J Evans & B.G Madin trading as Universal Byte (ABN 33 264 898 221) (“Universal Byte”, “we”, “us”) on our website located at unibyte.com.au, which is owned and operated by us (Website). These Terms and Conditions also incorporate our Terms of Use, Disclaimer and Privacy Policy, all of which can be found on our Website.
Please read these conditions carefully, as they apply to all transactions between us and can only be waived or varied in writing signed by us. By proceeding with a purchase on our Website, you’re indicating to us that you’ve read, understood and agreed to these conditions. If you have any questions or concerns about our conditions or Website, or any purchase you make through the Website, please don’t hesitate to get in touch with us.
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ECOMMERCE
While we take every care to make sure our online store is accurate and up to date, from time to time, mistakes may occur (for example, a pricing error or stock availability issue).
Please note that when you submit an order through the Website, no agreement is formed until we process and accept your order and send you a confirmation. If there’s been an error leading to your order (such as a pricing or stock error), we may choose not to fill the order, but we’ll be sure to contact you to discuss your options (for example, placing an order at the correct price, delaying your order or exchanging your item for another). If we can’t or won’t fill your order, we’ll process a full refund as soon as practicable.
2. PAYMENT
You agree to pay us the purchase price listed on the Website (subject of course to the proviso above, in the case of accidental errors and omissions). We may vary our prices from time to time. You agree and acknowledge that we may do so at any time on notice, and that such notice is given by us posting the updated price on our Website.
You acknowledge and agree that your payment in full in cleared funds (including any postage fees, discussed below) is a condition of this agreement, any breach of which will entitle us to terminate this agreement immediately. If a request for payment is returned or denied by your financial institution or is unpaid by you for any other reason, then you’ll be liable for any associated costs incurred by us, including banking fees and charges. We may also immediately stop delivery of any goods unpaid for unless and until we receive your payment in full.
If you fail to pay us for an order, or if an insolvency event (for example, if you commit an act of bankruptcy or become insolvent) occurs in relation to you, we may suspend delivery of an order, require payment in a particular form or terminate this agreement.
We currently accept payments by MasterCard, Visa, American Express, PayPal, PayID, Cash on pickup.
In making a payment, you warrant to us that you’ve read and agreed to the terms of any third party payment gateway or processor or credit provider (such as PayPal), which are available on their respective websites. You understand that these services are provided by third parties, and are made available to you on our Website for convenience only. We’re not responsible for any issues, loss or damage arising out of those facilities. If you have an issue with a third party provider on our Website, please contact them directly.
3. DISCOUNTS AND COUPON CODES
We may offer discounts or coupon codes from time to time.
Discounts and coupon codes are not available in conjunction with any other offer (for example, if we have two promotions on offer at the same time, you can only apply one discount or coupon code to a purchase, not both).
Discounts and coupon codes are available for the stated time, or else for a period of seven (7) days from the date that the offer was first made, or until stocks last (whichever occurs first).
Unless we specify otherwise in our offer, discounts and coupon codes are available on full priced goods only.
Coupon codes are non-transferable and are not redeemable for cash under any circumstances.
We reserve the right to revoke any discount offer or coupon code at any time without notice.
4. STORE CREDIT
We may issue you with store credit in accordance with this agreement, or otherwise within our absolute discretion. If we do so, the grant of store credit is subject to the terms of this agreement.
Store credit is redeemable for products sold by us on our Website only and can’t be applied to postage on an order .
You’ll need an account on our Website to receive and redeem store credit. If you don’t already have an account on the Website, you’ll need to create one prior to store credit being provided.
Store credit can be redeemed for twenty-four (24) months from the date of issue and will expire after this date. It’ll then be unable to be redeemed, replaced or refunded.
Store credit is non-transferable and is not redeemable for cash under any circumstances, including any partial balance remaining after redemption.
5. GIFT VOUCHERS
We sell gift vouchers on our Website. The gift voucher will be emailed to you and may be redeemed on our website.
It is your sole responsibility as the purchaser to ensure that the voucher is stored securely and given only to the intended recipient.
Unless those vouchers are expressed to be subject to other terms and conditions, these conditions apply.
Vouchers are redeemable for products or services sold by us on our website only and can’t be refunded, redeemed for cash or applied toward any special, promotion or discounted offer.
a) Voucher Expiry
Vouchers can be redeemed for three (3) years from the date of purchase and will expire after this date unless:
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the voucher is able to be reloaded or topped up
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it has been donated for promotional purposes
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it is available only for a specified period
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it has been supplied at a genuine discount
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it is part of an employee reward scheme
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it is part of a customer loyalty program
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it is a second-hand gift card
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it is part of a temporary marketing promotion
in which case the voucher can be redeemed for twelve (12) months from the date of purchase or the date set out on the voucher and will expire after that date.
Vouchers are non-transferable and are not redeemable for cash under any circumstances, including any partial balance remaining after redemption.
6. POSTAGE AND DELIVERY
We post products to within Australia only. We may directly deliver or use delivery service providers to help us get our products to you.
a) Rates
You agree to pay to us postage fees as per our Shipping Policy:
Free Standard shipping Australia Wide on orders over $99*
Free Express shipping on orders over $250*
Standard shipping $6 on most other orders.*
*All Orders which exceed 10kg will be charged $9.
Our shipping policy can be found on our website and at checkout.
As you know, technology is great but it’s not infallible. If there’s an error in the calculation of your postage costs, we’ll contact you before processing your order to discuss options (such as paying any additional costs or modifying your order).
Our delivery service providers may change their fees from time to time, and so you acknowledge and agree that we can vary the postage fees applicable to orders at any time on notice, and that such notice is given by posting the updated postage fees on the Website.
b) Dispatch Timeframes
We process all orders within 48 hours of receipt of payment. Once an order is processed, we’ll do our best to dispatch orders on the same business day or the next business day.
We ask for your patience as this handling period may vary, for example, if we have a high volume of orders.
You acknowledge that we’re not liable for any delay in dispatch of your order.
c) Delivery Timeframes
Delivery times will vary between orders – we’ll do our best to let you know when to expect your delivery, however this is largely dependent on the delivery service provider. As a guide, your orders should arrive within 3-7 days, unless advised otherwise.
d) Delivery Address
It’s your responsibility to make sure that your postal address details are correct- we won’t be responsible for any incorrect or failed delivery if you don’t supply current, accurate postal address details. If your order is undelivered due to your error and returned to us, we reserve the right to require you to pay further postage fees or terminate this agreement and issue a refund in accordance with this agreement.
e) Orders Lost in Transit
When we dispatch your order, we will give you a tracking code for you to track the progress of your order.
If you’re concerned that your order has been lost or misdelivered, we ask that you contact us as soon as possible, so that we can investigate. You understand that while we’ll investigate your missing order, we make no representations as to responsibility or liability for any lost or misdelivered order. In the event of items lost or damaged in transit, you acknowledge that our liability is limited to the amount of any compensation we are able to recover from the delivery service provider, less our reasonable costs of investigating and applying for any compensation, unless otherwise required by law.
f) Risk
Risk in each order passes to you on delivery to your nominated address. You must sign for your delivery, unless you’ve given authority to leave unattended. If you’ve authorised us or our agents to leave your order unattended at that address, the order will be taken to have been delivered on leaving the order at the address. If you ask us to deliver to an address and you’re not there, but someone else at the address signs for the parcel, the order will be taken to have been delivered on leaving the order with that person.
If we accept a return of any goods, risk in those goods will revert to us on our confirmation of receipt of the returned goods. We recommend you insure goods you return to us against loss or damage in transit.
7. EVENTS BEYOND CONTROL
As in life, sometimes circumstances beyond our control (strikes, floods, fires and extreme weather events, computer malfunctions, failure of service providers to perform services or injury or illness of key personnel) get in the way. If circumstances we can’t control affect our ability to dispatch your order, you release us from any obligation to dispatch your order while those circumstances continue. While they continue, we may choose to cancel your order, or otherwise to complete your order once things have returned to normal. If we expect a major delay, we’ll contact you to discuss a suitable solution.
8. ADVICE AND INFORMATION
We may give you advice, recommendations, information or assistance in relation to products on our Website, their use or application. We give that information to you in good faith, believing it’s accurate, appropriate and reliable at the time but we don’t give any warranty of accuracy, appropriateness or reliability. Information and advice we give is general in nature and is not intended to constitute or substitute for professional or medical advice. You should seek appropriate professional or medical advice if necessary. We won’t accept any liability or responsibility (including liability for negligence) for any loss suffered because of your or any other person’s reliance on information or advice we provide on our Website, unless otherwise required by law.
9. AUSTRALIAN CONSUMER LAW
Our goods come with guarantees that cannot be excluded under the Australian Consumer Law, which forms Schedule 2 to the Competition and Consumer Act 2010 (Cth) (ACL). If you are an Australian consumer for the purposes of the ACL, you are entitled to 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 repaired or replaced if the goods fail to be of acceptable quality and the failure does not amount to a major failure.
Nothing in these terms excludes any right, guarantee or warranty you’re entitled to by law, however we do exclude all other guarantees, conditions and warranties to the maximum extent permitted by law. We also specifically exclude liability for negligence.
Wherever possible, our liability for breach of any condition, warranty or guarantee is limited, at our option, to:
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replacement of the product;
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repair of the product;
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payment of the cost of having the product repaired; or
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such other fair and reasonable remedy as we are ready and willing to provide.
We won’t be liable for any consequential loss or damage or other direct or indirect loss or damage, except where we are unable to limit or exclude such loss under the ACL.
If for any reason the ACL doesn’t apply to an order you place with us (for example, if you purchase the product for re-sale with our authorisation or if you are purchasing from outside Australia), then we exclude all liability to you and we’ll only refund an order placed if we can’t fill it, if we think it’s reasonable to do so, or otherwise as agreed in writing. Please choose carefully as we do not offer refunds for change of mind.
To make an ACL-related claim, please contact us at support@unibyte.com.au.
10. REFUND PROCEDURE
If your goods are damaged or defective in any way on delivery, please contact us at returns@unibyte.com.au as soon as possible to arrange a suitable remedy, such as return, exchange or refund.
Please note that you are required to inform us of any fault with the goods in the period from delivery until the fault or problem would reasonably be expected to appear. Based on the nature of our products, we estimate this period to be approximately 30 days.
a) 30 Day Satisfaction Guarantee
Please read our 30 Day Satisfaction Guarantee Terms carefully as they apply to all transactions between us and can only be waived or varied agreed in writing signed by us. By proceeding with a purchase, you’re indicating to us that you’ve read, understood and agreed to these conditions. If you have any questions or concerns about our conditions on our Website, or any purchase you make through our Website, please don’t hesitate to get in touch with us.
Goods must be returned in fully working condition free of damage. Fair minor wear from evaluation acceptable. All included accessories and packaging must be returned. Equipment will be inspected and tested before processing a refund or exchange, if items are missing or have suffered significant or irreparable damage, we may contact you to discuss a reduced refund or decline the return or exchange and send the product back to you at no further charge.
If you aren't totally satisfied or have simply changed your mind about your purchase you can return your product minus 10% or $10 restocking fee (whichever is less) excluding any postage or shipping charge.
10% restocking fee for wholesale orders or orders with 10 or more of the same items on the same invoice.
Fair use policy applies, we ask customers to not repeatedly return products, if we identify unusual activity, we may contact you to discuss this activity. We retain the right to decline the use of the 30-Day Satisfaction Guarantee for any abuse of this policy.
This Policy may be changed or revoked by us at any time for any reason with notice posted to our website with posted future effective date.
Contact us at returns@unibyte.com.au within 30 days from purchase or upon date of receipt of delivery to organise a return or exchange.
11. INTELLECTUAL PROPERTY
You acknowledge and agree that all intellectual property rights owned by us or to which we are entitled before and after this agreement will remain our sole property and that nothing in this agreement transfers any ownership in our intellectual property rights to you.
12. DISPUTE RESOLUTION
If a dispute arises out of these conditions or if you are unhappy with your product for any reason, we ask that you contact us in the first instance and we will do our best to resolve the issue to our mutual satisfaction quickly, cheaply and efficiently. If we’re not able to resolve it within thirty (30) days, we’ll go to mediation in the State of Victoria, Australia (unless we agree to an alternative venue in writing) and split the costs of that equally. If the dispute still isn’t resolved within thirty (30) days of the mediation, either of us can ask the mediator to terminate the mediation and the mediator must do so.
Each of us agree that we won’t commence any proceedings in a Court or Tribunal until we’ve complied with this clause (unless of course we’re seeking interlocutory relief).
13. VARIATION
We can change these conditions at any time by updating this document and giving notice to you by posting a copy on the Website. The changes will take effect immediately on their being posted.
14. SEVERANCE
If any part of these conditions is found to be void or unenforceable by a Court of competent jurisdiction, that part will be severed, and the rest of the agreement will remain in force.
15. TERMINATION
We may terminate this agreement at any time on notice to you. All disclaimers and limitations of liability will survive termination. On giving such notice, we’ll refund any amounts paid by you in respect of undelivered goods.
16. JURISDICTION
As we are based in The State of Victoria, Australia, these terms will be governed by the laws of The State of Victoria, Australia. In the event of any dispute, we ask that you first contact us, and we’ll do our best to resolve the dispute to our mutual satisfaction quickly, cheaply and efficiently. If we do end up in court, you agree that the exclusive venue for resolving any dispute will be in the courts of The State of Victoria, Australia and courts of appeal from them.
This document was last updated: 5/12/2021