Terms and Conditions

General

In this website, “BSR” means BSR Franchising Pty Ltd ABN 21 122 566 094 and references to “Betta” and “Betta Home Living” are references to the individual retail businesses operating under the Betta and Betta Home Living brands through a licence with BSR (“Betta stores”).  BSR (“we”, “us” or “our”) provides this website, or any of the pages comprising the website (“our Site”) to visitors (cumulatively referred to as “you” or “your”), subject to these terms and conditions (“Terms and Conditions”), our Privacy Policy and any other relevant terms and conditions, policies and notices which may be applicable to a specific section or module of our Site (for example, the terms of order placement).

Please read these Terms and Conditions carefully before using our Site.

By using our Site you consent to being bound by the Terms and Conditions which constitute a legal agreement between you and BSR and the relevant Betta retailer as appropriate.

If you do not agree with any of these Terms and Conditions, please do not use our Site.

Individual policies of the Betta stores may differ from those applicable to your use of this Site.

Our goal

Our goal is to give our customers an online research and shopping experience that is as personal as shopping in store with a Betta retailer. Our website and processes are being constantly reviewed and developed.    We are always looking for ways to improve, so please send us any feedback you may have by email to webfeedback@bsrgroup.com.au.

Transactions on this website

This site is owned and operated by BSR, however all transactions conducted with customers on this site are conducted with Betta stores.

Your obligation as the customer to pay the Betta retailer for the goods you have ordered is satisfied in full by making payment through Payment Express, Paypal or any other third party payment gateway facility as provided through this site, which payment is collected on behalf of the Betta stores by BSR. All other arrangements and obligations with respect to your purchase of the goods and/or services remain with the Betta retailer, including product warranties and servicing.

All prices on this website are in Australian Dollars and are inclusive of GST but exclusive of delivery and freight costs.

We operate in Australia and cannot supply products or services outside of Australia. For security reasons we reserve the right to review orders placed from outside Australia for pick up or delivery within Australia.

For the full terms and conditions relating to order placement, please click here.

Accuracy

All material available on our Site or through any sites that are linked to our Site by hypertext links (the “Content”) is provided for background, educational, information and personal entertainment purposes only. The Content does not represent professional advice and should not be relied upon without our specific and written consent. BSR reserves the right at any time to change or discontinue without notice any aspect or feature of our Site.

Whilst we have no reason to believe that the Content on our Site is inaccurate, we do not make any express or implied warranties, representations or endorsements whatsoever in relation to our Site and the Content or any information provided through our Site or through any sites that are linked to our Site by hypertext links (the “Linked Sites”).

We use all reasonable efforts to comply with the Australian Consumer Law and do not remove any rights or guarantees you are afforded under the Australian Consumer Law in respect of the products and services provided by the Betta stores through our Site.

Our Site and Content, including any material contained on Linked Sites (the “Linked Material”), is provided on an “As-Is, As-Available” basis and we and the Betta stores:

  • do not guarantee that the Content or Linked Material is accurate, definitive, reliable, complete or up-to-date;
  • do not undertake to keep our Site updated;
  • do not accept responsibility for loss suffered as a result of reliance by you upon the accuracy, reliability, completeness or currency of information contained on our Site; and
  • to the extent permitted by law, make no warranty or representation as to the quality, merchantability or fitness for purpose of the Content or Linked Material or any information or services provided through our Site or the Linked Sites.

Copyright and trade marks notice

Subject to the below, we have and hold copyright in all Content contained on our Site and in the selection, arrangement and presentation of this Content (including information in the public domain) and overall design of our Site.

Any reproduction, distribution, re-transmission or modification of the Content, whether in electronic or hard copy form is prohibited without our express written consent.

We do not own copyright in any third party material contained on Linked Sites or in any third party material which appears on our Site with the consent of the copyright owner. We do not:

  • warrant or represent that Linked Material does not infringe the intellectual property rights of any third party; or
  • authorise the infringement by any person of any intellectual property rights of any third parties contained in Linked Material or in any third party material which appears on our Site.

The trade marks, logos, brand names, tag lines, metadata, service marks and other intellectual property rights subsisting in the Site (collectively the “IP Property”) displayed on our Site to describe companies and their products are the registered and unregistered trade marks of BSR Australia Ltd and other third parties. Nothing contained on our Site or in these Terms and Conditions should be construed as granting, by implication or otherwise, a licence or any right to any party to use the IP Property without our written permission or the written permission of the third party that owns the IP Property. Any use of the IP Property displayed on our Site except as provided for in these Terms and Conditions is strictly prohibited.

We appreciate any product reviews, information or material submitted to the Site (“content submissions”). All content submissions sent to us will be deemed not to be confidential.  By submitting any solicited or unsolicited information (including without limitation suggestions, ideas or comments but excluding purchase and payment information) using our Site, you grant us an irrevocable and unrestricted license to use, modify, reproduce, transmit, display and distribute such information for any purpose whatsoever to the extent permitted by law.

Product display/colours

This Site attempts to display product images as accurately as possible. However, we cannot guarantee that the colour you see matches the product colour, as the display of the colour depends, in part, upon the monitor you are using.  Accordingly, all pictures and images displayed on this website are for illustration purposes only.

Product dimensions and specifications are given as helpful information only and are not to be relied on, particularly for final installation. Please refer to the manufacturer’s specification prior to purchase and to ensure there have been no recent alterations to the selected product.

Accessories are not included unless otherwise stated.  

Links to other web sites

Our Site contains links and references to websites maintained by organisations that may have no commercial or other relationship with us. The Linked Sites and references have been included for interest and convenience purposes only for visitors to our Site and may not remain current or be maintained. We:

  • do not sponsor, endorse or approve of the views expressed on the Linked Sites or the information, products and services available on the Linked Sites;
  • do not guarantee that the information on the Linked Sites is accurate, reliable, definitive, complete or up-to-date;
  • do not accept responsibility for loss suffered as a result of reliance by you upon the accuracy, reliability, completeness or currency of information contained on the Linked Sites; and
  • make no warranty or representation in relation to any Linked Material, including as to the quality, merchantability or fitness for purpose of any Linked Material.

We reserve the right at our absolute discretion and without notice to remove any links to or frames of our Site from other web sites. For the avoidance of doubt, framing of our Site or any part of our Site is not permitted without express permission.

The conditions of use and privacy policy of any Linked Site may differ substantially from the terms and conditions that apply to your use of this Site. Please review the conditions of use for all Linked Sites for more information about the terms and conditions that apply to your use of those sites.

Viruses, errors, defects and interruptions

You acknowledge that access to our Site and Linked Sites is affected by matters beyond our control. We do not guarantee that the files contained in our Site, Linked Sites or the servers on which our Site or Linked Sites are hosted are unaffected by viruses, errors, defects or will be accessible to users on a continuous or uninterrupted basis.

We do not guarantee that any viruses, errors or defects discovered to exist on our Site, Linked Sites or the servers on which they are hosted will be corrected. You make use of our Site and Linked Sites at your own risk.

For the avoidance of doubt, we do not accept responsibility for any interference or damage to your computer system which arises in connection with your use of our Site or the Linked Sites.  You should take appropriate action to ensure that your access to, and use of this Site and other sites is protected against, and free from viruses, worms, trojan horses and other harmful and destructive material.

Specific warning

You must ensure that your access to our Site is not illegal or prohibited by laws which apply to you. We do not make any warranty or representation that information on our Site is appropriate for use in any jurisdiction other than Australia. By accessing our Site, you warrant and represent to us that you are legally entitled to do so and to make use of information made available via our Site and the Linked Sites.

Restricted use

You agree that you will not use our Site:

  • for any purpose that may prejudice the reputation or interests of BSR, its related entities or Betta stores; and
  • to send or post any messages or material that is unlawful, harassing, defamatory, abusive, indecent, threatening, harmful, vulgar, obscene, sexually orientated, racially offensive, profane, pornographic or violates any applicable law.

Without limiting the foregoing, you must not:

  • on-sell information obtained from our Site;
  • hack into, change or otherwise interfere with the operation of our Site or the Content (including knowingly transmitting a virus or other damaging material to our Site); or
  • tamper with the Site, misrepresent your identity, use buying agents or conduct fraudulent activities on the Site.

Security

Users are prohibited from violating or attempting to violate the security of this Site, including, without limitation:

  • accessing data not intended for such user or logging onto a server or an account which the user is not authorised to access; 
  • using the Site for unintended purposes or trying to change the behaviour of the Site; 
  • attempting to probe, scan or test the vulnerability of a system or network or breach security or authentication measures without proper authorisation; 
  • attempting to interfere with service to any user, host or network, including without limitation via means of submitting a virus to the Site, overloading, "flooding," "spamming," "mailbombing" or "crashing;";
  • forging any TCP/IP packet header or any part of the header information in any e-mail or newsgroup posting; or 
  • forging communications on behalf of the Site (impersonating this Site) or to the Site (impersonating a legitimate user).

Sending unsolicited and unauthorized e-mail on behalf of BSR or Betta stores, including promotions and/or advertising of products or services, is expressly prohibited. Violations of system or network security may result in civil or criminal liability.

You agree not to use any device, software or routine or data to interfere or attempt to interfere with the proper working of the Site or any activity being conducted on this Site.

You agree, further, not to use or attempt to use any engine, software, tool, agent, data or other device or mechanism (including without limitation browsers, spiders, robots, avatars or intelligent agents) to navigate or search the Site other than the search engine and search agents provided by us or generally publicly available browsers.

Privacy

We will only record your email address if you send us a message seeking further information from us, lodge an online complaint, ask to subscribe to a mailing list or register to receive our range of marketing material or access specific sections of our website. Your email address will only be used for the purpose for which you have provided it unless you agree otherwise and, unless legally required to do so, we will not disclose it without your consent.

Our Privacy Policy can be viewed here.

Disclaimer of liability

Subject to any applicable law to the contrary, in relation to any direct or indirect access and use of or reliance on our Site, Linked Sites, the Content or Linked Material, or the inability to use or rely on our Site, Linked Sites, the Content or Linked Material, we and the Betta stores:

  • exclude all liability to third parties, whether that liability arises in contract, tort or any other cause of action; and
  • will not be responsible and/or liable for any incidental, special, direct or consequential damages, however caused, including (but not limited to) damages for loss of business or other profits, business interruption or loss of programs or information, even if we have notice of or knowledge of the possibility of such damage.

The above disclaimer of liability shall apply to all products and services available through the Site, subject to an applicable law to the contrary..

To the extent permitted by law, any condition or warranty which would otherwise be implied into these Terms and Conditions is excluded.

Where legislation implies any condition or warranty, and that legislation prohibits us or the Betta stores from excluding or modifying the application of, or liability under, any such condition or warranty, that condition or warranty will be deemed included but our liability and/or the liability of Betta stores for a breach of that condition or warranty will be limited to:

  • if the breach relates to goods:
  • the replacement of the goods or the supply of equivalent goods;
  • the repair of such goods;
  • the payment of the cost of replacing the goods or of acquiring equivalent goods; or
  • the payment of the cost of having the goods repaired,

at our election or the election of the Betta retailer, as appropriate; and

  • if the breach relates to services:
  • the supplying of the services again; or
  • the payment of the cost of having the services supplied again,

at our election or the election of the Betta retailer, as appropriate.

Advertised price disclaimer

Some advertised products may have been available in store at lower prices than that advertised from time to time.  Advertised savings are calculated against recommended ticketed prices in store and/or previously advertised prices.  Some stores may have previously ticketed products at a higher price than that advertised, in which case savings would be greater.

Terms and conditions apply to all promotions and offers. Full details are available here.

Electronic versions of printed catalogues

Electronic copies of printed catalogues (“Catalogues”) may be accessible from this Site.  The duration of the offers or available quantities of products/services included in the Catalogues are subject to the disclaimers on the relevant Catalogue. Although we make every attempt to make all offers consistent, we do not guarantee or represent that that the products, services, pricing or any other offer in a Catalogue will be available to purchase via this Site.

Exception to disclaimer

The disclaimer set out in these Terms and Conditions does not attempt or purport to exclude liability arising under statute if, and to the extent, such liability cannot be lawfully excluded.

Indemnity

You agree to indemnify us (and our employees, officers, managers, assistants, members and agents), our related bodies corporate and the Betta stores from and against all loss, liability, claims, damage or expense of whatever nature which the BSR Group or any third party may suffer (including legal fees on a solicitor and own client basis), arising out of or relating to, whether directly or indirectly:

  • your use of our Site, including to send or post a message;
  • your breach of any provision of these Terms and Conditions; and/or
  • any intentional wrongdoing by you.

Cookies

Our Site contains cookies. A cookie is a small text file that is sent back to your computer's hard drive from a host website. Cookies record your preferences in relation to your use of our Site and provide us with other information about your enquiry that allows us to recognise you in the future. The cookies on our Site do not read the information on your hard drive. They do not make your computer send information to any other computer via the Internet.  In the event that you effect a transaction using our Site or join Club Betta, it may become possible for us to link your identity to a cookie installed on your computer’s hard drive, however we do not do that. 

When you visit our website the following information will be recorded by our Internet Service Provider (ISP) for statistical purposes:

  • your server address;
  • your top level domain name (eg, .com, .gov, .au, etc);
  • the date and time of your visit to the site;
  • the pages accessed and documents downloaded;
  • the previous site visited, and
  • the type of browser used.

No attempt will be made to identify you or your browsing activities from these records except in the unlikely event of an investigation by the ISP, or where a government agency exercises a warrant to inspect the Internet Service Provider's logs.

Entire agreement

These Terms and Conditions constitute the sole record of the agreement between you, the Betta stores and/or BSR in relation to your use of our Site. The Betta stores  and/or BSR shall not be bound by any express, tacit or implied representation, warranty, promise or the like not recorded herein. Unless otherwise specifically stated these Terms and Conditions supersede and replace all prior commitments, undertakings or representations, whether written or oral, between you, the Betta stores and/or BSR in respect of or in any way related to your use of our Site.

Governing law and jurisdiction

These Terms and Conditions are governed and construed in accordance with the laws of the State of Queensland and the Commonwealth of Australia. The State or Federal Courts located in Queensland will have the exclusive jurisdiction to hear and determine any claims or disputes arising out of or relating to these Terms and Conditions.

Updating terms and conditions

We may amend, revise or update these Terms and Conditions by posting revised Terms and Conditions on our Site as and when we see fit. Your continued use of our Site constitutes acceptance of these revised Terms and Conditions.

Last update

These Terms and conditions were last updated on 20 February 2014.

Conflict

Where any conflict or contradiction appears between the provisions of these Terms and Conditions and any other relevant terms and conditions, policies or notices, the other relevant terms and conditions, policies or notices which relate specifically to a particular section or module of our Site shall prevail in respect of your use of the relevant section or module of our Site.

Waiver

No indulgence or extension of time which BSR or a Betta retailer may grant to you will constitute a waiver of or limit any of the existing or future rights of BSR or a Betta retailer in terms hereof, save in the event or to the extent that BSR or a Betta retailer has signed a written document expressly waiving or limiting such rights.

Assignment

BSR shall be entitled to assign and delegate all or any of its rights and obligations in terms of any relevant terms and conditions, policies and notices to any third party.

Severability

All provisions of any relevant terms and conditions, policies and notices are, notwithstanding the manner in which they have been grouped together or linked grammatically, severable from each other. Any provision of any relevant terms and conditions, policies and notices, which is or becomes unenforceable in any jurisdiction, whether due to voidness, invalidity, illegality, unlawfulness or for any reason whatsoever, shall, in such jurisdiction only and only to the extent that it is so unenforceable, be excised and the remaining provisions of any relevant terms and conditions, policies and notices shall remain in full force and effect.

Contact information

If you have any queries, comments, or concerns regarding these Terms and Conditions, you may contact us at BSR Group, 18 / 56 Lavarack Avenue, Eagle Farm, Brisbane Qld 4009. Telephone - 07 3414 8700, email: webfeedback@bsrgroup.com.au