WELCOME TO BITS.

TERMS AND CONDITIONS.

Please take some time to read the following conditions applicable to both browsing and purchasing Products from this website (‘Site’). These Terms and Conditions and our Privacy Policy and other documents referred to within these Terms, govern the purchases of any Products ordered by you on the Site, and your use of the Site.

By browsing, accessing, using the Site or ordering a Product (‘Order’), you are accepting and consenting to and are bound by these Terms and Conditions.

We may change these Terms and Conditions at any time and without notice. The revised Terms and Conditions will be made available on our Site.

By continuing to use the Site you agree to be bound by such revised Terms and Conditions.

  1. Access and use of Site

  2. Shipping & Delivery

  3. Exchange & Returns

  4. Promo Codes

  5. Gift Cards

  6. Cancellation

  7. Security

  8. Restrictions on Resale

  9. Events & Ticketing

  10. Governing law and jurisdiction

  11. Overseas Users

  12. User generated content

  13. Limitation of liability

  14. Definitions


1. ACCESS AND USE OF SITE

BITS is committed to the safety of our customers and our Site. To access and use our Site, you must only do so in accordance with these terms and conditions and any applicable Australian Law.

You must not attempt to interfere with or disrupt the Site or the servers or networks that host the Site; use data mining, robots, screen scraping or similar data gathering and extraction tools on the Site; or interfere with security-related or other features of the Site.

To access some features of the Site, such as creating wish lists, you must register an account with us (“Account”). To register for an Account, you must provide us with accurate and current personal information including your name, address, and a valid email address. You must not register more than one Account. You should not create an Account if you are under 16 years old.

To place Orders using an Account you must be at least 18 years old and have the capacity to enter into a legally binding agreement with us. If you are under 18, you may only place an Order with the involvement of a parent or guardian.

You are solely responsible for the activity that occurs on your Account (including Orders placed using your Account), and you must keep your Account password secure. We are not responsible for any unauthorised activity on your Account, including if you fail to keep your Account login information secure. We may refer fraudulent or abusive or illegal activity to the relevant authorities.

You must not use another person’s Account without our, and/or the other person’s express permission. If you suspect or become aware of any unauthorised use of your Account or that your password is no longer secure, please contact us by email on bits@foryourbits.com immediately and take immediate steps to re-secure your Account (including by changing your password).

You must not link to our Site or any part of our Site in a way that damages or takes advantage of our reputation, including but not limited to in a way to suggest or imply that you have any kind of association and affiliation with us, or approval and endorsement from us when there is none; or in a way that is illegal or unfair.


2. SHIPPING AND DELIVERY POLICY

Standard delivery times for Products purchases through the Site are between three (3) and ten (10) days and the shipping service will be displayed at the checkout. In the event that an ordered item is not available or it is not possible to fulfil your Order we will notify you within 2 (two) business days to arrange an alternative Product, a backorder or a full refund.

For more information on shipping, please visit: Shipping & Returns

We use third-party service providers for fulfilling orders. By ordering any Products, you acknowledge we do no responsibility or liability for any delays that may result from orders handled by such third-party service provider.


3. EXCHANGE & RETURNS

For more information on our Returns Policy, please visit: Returns.


4. PROMO CODES

Promo codes are available on the Site or through marketing partners.

4.1 Conditions for the redemption of promo codes include:

4.1 (a) From time to time we may release promo codes that may be used on the Site. Promo codes are valid only for the specified period stated on them and can only be redeemed in accordance with any special terms and conditions stated on them - such as a minimum spend requirements, validity periods and brand, Product or sale exclusions. Only one promo code can be used per Order, and some promo codes may only be used once per promo code. Promo codes cannot be used in addition to another promo code or offer.

4.1 (b) Promo codes cannot be redeemed for cash or to buy gift cards.

4.1 (c) We will apply promo codes on a pro-rata basis to eligible items in order to determine the final price you pay for those items. Where you return an item purchased with a promo codes, we will only refund the final price you paid for that item.


5. GIFT CARDS

When available, we may issue gift cards as payment for certain Products on the Site. Gift Cards are available electronically.

BITS may email electronic gift cards to you or to your selected recipient. We accept no Liability for errors in the email address provided to us. You are responsible for the use and safety of your gift cards - you should treat them like cash. We assume no Liability for the loss, theft or illegibility of gift cards, including if gift cards used without permission, if your email is hacked or subject to unauthorised used. Gift cards cannot be purchased with AfterPay.

We actively monitor the issuance and redemption of gift cards. In the event of fraud, misuse, an attempt at deception (including self-referral) or in the event of the suspicion of other illegal activities in connection with the issuance or redemption of gift cards, we may close or block access to your Account and/or require a different means of payment. We may block gift cards if notified by law enforcement that a gift cards have been fraudulently obtained.

5.1 Conditions for the redemption of gift cards include:

5.1 (a) You may purchase gift cards for use on the Site by you or other customers. Gift Cards can be redeemed at the checkout using a code. Once redeemed, gift cards cannot be transferred. Gift cards can only be redeemed on the Site in accordance with the special terms stated on them.

5.1 (b) Gift card purchases may be subject to security checks from time to time, resulting in a longer than usual processing times. These checks may regretfully affect delivery time frames, but are necessary in order to ensure the security of our gift card program.

5.1 (c) Gift cards are valid for 36 months from purchase date. Any unredeemed balance that remains on the Gift Card after the 36 months will be voided and will not be available for use.

5.1 (d) The credit of a gift card cannot be redeemed or refunded for cash at any time. Gift cards cannot be used to buy further gift cards. To use a gift card, please follow the gift card instructions for use.

5.1 (e) If you place an Order less than the value of the gift card, you can contact bits@foryourbits.com to create a new Gift Card with residual balance that can be used for future purchases.


6. CANCELLATION

We may terminate a Contract if the Product is not available for any reason. We will notify you if this is the case and return any payment that you have made. We will refund any money received from you using the same method originally used by you to pay for the Product. If the refund transaction fails, we will advise you of this and make the arrangements to process the refund via a different method. If you wish to cancel your Order, please contact us at bits@foryourbits.com. Once an Order has been processed it cannot be cancelled and the item must instead be returned to us in accordance with the returns policy.


7. SECURITY

When purchasing a Product, your financial details are passed through a secure server using the latest 128-bit SSL (secure sockets layer) encryption technology. It is estimated that it would take at least one trillion years to decrypt 128-bit SSL encryption, and this level of encryption is the current industry standard. If you have any questions regarding our security policy, please contact us at bits@foryourbits.com.


8. RESTRICTIONS ON RESALE

To protect our intellectual property rights and its licensors and suppliers, any resale of Products for personal and/or business profit is strictly prohibited. We reserve the right to decline any order that we deem to possess characteristics of reselling.


9. EVENTS & TICKETING

When available, events and tickets advertised on the Site enables you to purchase and or reserve entry to specific events advertised by BITS. If you have any queries or reservations about an event you must contact the BITS directly or review the event’s terms and conditions provided by BITS prior to purchasing.


10. GOVERNING LAW AND JURISDICTION

The agreement formed when you accept these Terms and Conditions is governed by and construed in accordance with the laws of the State of Victoria, Australia and you agree to submit to the non-exclusive jurisdiction of the courts of Victoria, Australia.


11. OVERSEAS USERS

The Site may be accessed by Users from Australia and from overseas. We make no representation that the Site complies with the laws of any country outside of Australia. If you access the Site outside of Australia, you do so at your own risk.


12. USER GENERATED CONTENT

From time to time we may reach out to our customers via social media or direct email to encourage you to share your own content (“Content”) using specific hashtags (#) alongside your Content in line with a campaign we might be running at that time.

12.1 By responding to our communications or by using the required hashtag, you acknowledge and agree that:

12.1 (a) You comply with the terms and conditions of the platform you are using to create that Content;

12.2 (b) You own all rights in respect of your Content and/or have obtained appropriate rights and consents from any other persons featured in your Content;

12.3 (c) Your Content and social media handle may be featured across any of our communications and our social media platforms as well as our Site ;

12.4 (d) BITS may enhance, adapt, crop or otherwise modify your Content. Any such modifications would only occur to the extent deemed reasonably appropriate by us; and

12.5 (e) You are solely responsible for your Content and will not seek to hold BITS liable for any demands by a third party related to our use of your Content.

You may revoke your permission for us to use your Content at any time by sending a request to bits@foryourbits.com.au. Upon receiving such a request we agree to remove your Content from our online platforms as soon as reasonably practicable, and removed to the extent technically practicable.

All Customers must abide by any of our published community guidelines at all times including when dealing with Customer Service. In the event of a suspected breach of these guidelines, or any of these Terms, we reserve the right to block your Account.


13. LIMITATION OF LIABILITY

You agree that, to the fullest extent permitted by law, BITS will not be reasonable or liable (whether in contract, tort (including negligence) or otherwise), under any circumstances, for any Loss or (a) interruption of business; (b) access delays or access interruptions to the Site; (c) data non-delivery, mis delivery, corruption, destruction or other modifications; (d) computer viruses, system failures or malfunctions which may occur in connection with your use of the Site, including during hyperlink to or from third party websites; (e) any inaccuracies or omissions in Content, or (f) events beyond our reasonable control.

You agree to defend, indemnify and hold harmless BITS (and its officers, directors, agents, subsidiaries, joint ventures, employees and third-party service providers), from all claims, demands, losses, liabilities, costs, expenses, obligations and damages including reasonable legal fees, arising out of: (a) your use of and access to the Site; (b) your violation of any term of these terms and conditions; (c) a breach of your representations and warranties set forth above regarding Content; (d) your violation of any law or the rights of a third party (including, without limitation, any copyright, property or privacy right); or (e) any claim that any Content you submitted caused damage to a third party. This indemnification obligation will survive the termination of these terms and conditions and your misuse of the Site.

Further, to the fullest extent permitted by law, we will not be liable for any Loss arising out of or related to the Site or your use (or non-use) thereof, regardless of the form of action whether in contract, tort (including negligence) or otherwise, even if we have been advised of the possibility of such damages and in no event shall our maximum aggregate liability exceed one hundred dollars ($100.00).


14. DEFINITIONS

When we refer to ‘us’, or ‘our’ or ‘we’ or ‘BITS’ or ‘For Your Bits’ or similar, we are referring to FOR YOUR BITS PTY LTD (ACN 636 006 963).

When we refer to ‘you’ or ‘your’ or similar, we are referring to you as a User of this Site.

Other defined terms and their meanings are:

‘Australian Law’ means principles of law or equity established by decisions of courts, statutes, regulations or by-laws of the Commonwealth of Australia, or any State or Territory of the Commonwealth of Australia or a Government Agency, any associated requirements and approvals;

‘Business Day’ means a day that is not a Saturday, Sunday, public holiday or bank holiday in Melbourne, Australia.

‘Buyer’ (also referred to as ‘you’ or ‘your’ where the context permits) means a person who browses the Site, being a potential buyer of a Product via the Site

‘Loss’ includes loss of money (including profit), goodwill, or reputation, whether such loss be incidental, direct, indirect, special, consequential even if you advise us or we could reasonably foresee the possibility of any such loss or damage occurring;

‘Product’ means any good or service marketed or sold through our Site; ‘Site’ means the internet Site at the domain www.foryourbits.com (or sub-domains www.foryoubits.com.au or www.foryourbits.co.nz) as configured and described as such by us from time to time or any other internet Site operated by us from time to time; and

‘Users’ means anyone using the Site for any purpose and includes any Buyer.

Last updated on 30 December 2020 by For Your Bits Pty Ltd.



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