TERMS & CONDITIONS

By accessing or using this website, you agree to the terms of use of our website, which are set out below. The Terms of Use include our legal disclaimer and our privacy policy, and any other terms or conditions on this website. 

We may change the Terms of Use at our discretion and without notice. A version of the current Terms of Use will always be available on this website. By continuing to use our website you accept the Terms of Use as they apply from time to time. 

TERMS OF USE 

  • You and Your means the user of the Brightspace website 

  • Our, Us, and We means Brightspace and its related entities as defined under the Corporations Act 

  • Your access to and use of the Brightspace website, located at www.brightspace.ai, is subject to these terms, our security policy and privacy policy 

  • The policies on this website apply to the website operated by Brightspace, under the domain name www.brightspace.ai and other associated Brightspace websites and online platforms 

  • These policies may also apply to services offered by Brightspace on websites hosted by third parties. If so, express reference to these policies will be made on those websites 

  • As the Brightspace website develops and as technology evolves, Brightspace will continue striving to provide you with better and more customized services and with a more effective website. Brightspace encourages you to review the Security and Privacy Statement periodically because the Security and Privacy Statement may change from time to time 

  • You must use the Brightspace website in accordance with the Terms of Use. 

WHAT YOU MUST NOT DO You must not: 

  • Use Brightspace for any activities, or post or transmit to or via the Brightspace website any information or materials, which breach any laws or regulations, infringe a third party's rights or privacy, or are contrary to any relevant standards or codes 

  • Use this website in a way, or post to or transmit to or via the Brightspace website any material, which interferes with other users or defames, harasses, threatens, menaces or offends any person or which inhibits any other user from using or enjoying the Brightspace website 

  • Use this website to send unsolicited commercial or bulk electronic mail messages to anyone 

  • Make any fraudulent or speculative enquiries, bookings, reservations or requests using this website 

  • Use another's Member ID or name without permission 

  • Provide false information when registering or changing your registration details 

  • Impersonate another person when using this website 

  • Post to or transmit to or via the Brightspace website any obscene, indecent, inflammatory or pornographic material or material that could give rise to civil or criminal proceedings 

  • Tamper with, hinder the operation of or make unauthorized modifications to the website 

  • Knowingly transmit any virus or other disabling feature to or via the website; and 

  • Attempt any of the above acts or permit another person to do any of the above acts 

LINKS TO OTHER WEBSITES This website may contain links to other websites, content or resources, which are owned or operated by third parties. These linked websites are not under our control and we are not responsible for the operation, availability or contents of any linked website or any link contained in a linked website. We provide these links to you for convenience only and the inclusion of any link does not imply our endorsement of the linked website. You access linked websites at your own risk. Subject to any non-excludable rights, we disclaim all warranties, express and implied, as to the accuracy, value, legality or otherwise of any materials or information contained on linked websites. You should carefully review the terms of use and privacy policies of all other party’s websites that you visit. 

We reserve the right to prevent third parties from linking to this website. 

TERMS OF SALE Prices shown are in Australian dollars and include GST where applicable. Prices are subject to change. Images of products shown without any advertised price beside that image are not offered for sale. Unless otherwise stated, any accessories shown in any image of products are not included in the price. We reserve the right to correct any errors published on the website. 

Special order products which need to be ordered from a supplier cannot be cancelled. 

It is a condition of sale that goods purchased from Brightspace are not resold as a regular business activity. If Brightspace determines that this condition has been breached or is likely to be breached by fulfilling an order, we may, in our discretion, refuse to accept the relevant order(s) or any further orders from you. 

Brightspace may limit purchases to a reasonable quantity. 

WEBSITE INFORMATION Each product or service purchased is sold subject to its Description. We will take reasonable care to ensure that all details, descriptions and prices of products and services appearing on the website at www.brightspace.ai are correct at the time when the relevant information was entered onto our system. Although we aim to keep the website as up to date as possible, the information, including Descriptions. 

PAYMENT 

  • All payments for services or products on the Brightspace website must be made in full prior to the provision of service or delivery of the product. 

  • Payments must be made through the secure payment gateway facilities provided on the website, which may include options like Braintree or PayPal, and will be subject to the terms and conditions of these payment providers. 

  • Brightspace may offer a rewards program for its users. Members who are logged into their account online may earn points on eligible online orders. These points can be redeemed as payment online, subject to the specific Terms and Conditions of the Brightspace Rewards Program. 

REFUSAL OF TRANSACTION 

  • Brightspace reserves the right to refuse to process a transaction for any reason or to refuse service to anyone at any time at our sole discretion. We will not be liable for withdrawing any product or service from the website, removing or editing content on the website, refusing to process a transaction, or suspending any transaction after processing has begun. 

ORDERS 

  1. Customers are encouraged to review their orders carefully before proceeding with their purchase. 

  2. The contract for sale and supply of products or services is formed when you: 

  • Place an electronic order for the products or services using the website. 

  • Confirm the order details as required on the website. 

  • Make full payment (including any applicable delivery charges) on the website. 

  • Receive acceptance of that offer from Brightspace. 

    3. The order is deemed communicated when: 

  • The requirements set out in these terms are met. 

  • The electronic instruction containing your offer is recorded in our database. 

  • A record of the order is stored in our database. 

  • Brightspace receives full payment for the order (including any applicable delivery and handling charges) and confirmation of that payment is recorded. 

    4. Brightspace is not liable for any loss or damage caused by the failure to receive an electronic instruction for any reason. 

    5. You will receive an email confirmation from Brightspace after confirming your order and making payment. For inquiries, contact us via our website. 

    6. If your order is not accepted, Brightspace will notify you and process a full refund. 

    7. Brightspace reserves the right to accept or reject any offer for any reason, including pricing or description errors, or errors in your order. 

    8. Stock availability representations are subject to change. If a product cannot be supplied, Brightspace will inform you as soon as possible. 

    9. Brightspace's acceptance of your order occurs upon emailing you a tax invoice and fulfilling your order. 

SUPPLY & DELIVERY 

  • Upon accepting your order and subject to these Terms, Brightspace will supply the products or services as indicated in your order confirmation. 

  • Brightspace aims to dispatch orders promptly, usually within 1-2 days. If delays occur, you will be contacted. 

  • During the order process, you will be given options for collection or delivery, with applicable charges. 

ORDERS FOR DELIVERY 

  • Delivery terms apply when you opt for goods to be delivered to a specified address. 

  • Deliveries are limited to addresses within Australia and cannot be to freight forwarding locations, PO Boxes, or parcel lockers. 

  • Upon order acceptance, Brightspace aims to dispatch to your specified address within the stated timeframe. 

  • You are required to be present to accept delivery of your order. 

  • Brightspace will strive to meet delivery timeframes but does not guarantee them due to potential external factors. 

  • Brightspace is not responsible for delivery failures or delays by third-party contractors. 

TITLE & RISK IN GOODS 

  • The title and risk in the products or services provided by Brightspace, including loss and damage, transfer to the customer upon the completion of payment, and at the time of delivery or collection, as applicable. 

PAYPAL AND CREDIT CARD FRAUD 

  • Brightspace's website employs secure payment gateway facilities, such as Braintree and PayPal, to ensure the security of payment systems. Brightspace reserves the right to request additional identification from customers and to reject orders if the identification is not provided or does not meet the required criteria. 

  • To the extent permitted by law, Brightspace will not be responsible for any damages or consequential losses, whether direct or indirect, suffered by a user where a credit card or PayPal account is fraudulently used or used in an unauthorized manner. 

DISCLAIMER AND INDEMNITY 

  1. To the extent permitted by law, Brightspace excludes all liability for loss or damage of any kind relating to the website, including, but not limited to: 

  • Errors, mistakes, or inaccuracies on the website. 

  • Actions taken or not taken based on information on the website or linked websites. 

  • Personal injury or property damage resulting from website use. 

  • Unauthorized access to or use of the website's secure servers. 

  • Interruption or cessation of transmission to or from the website. 

  • Harmful code or communications transmitted through the website by third parties. 

  • The quality or fitness for purpose of any linked sites. 

    2. Except as expressly stated in these terms, to the fullest extent allowed by law, Brightspace and its third parties will not be liable for any direct, indirect, special, incidental, or consequential damages arising from your access to or use of the website. 

    3. You agree to indemnify and hold harmless Brightspace, its affiliates, directors, officers, employees, and agents against any loss or liability arising from any claim, demand, suit, action, or proceeding by any person related to your conduct or breach of these terms. 

    4. This clause does not intend to exclude or limit any rights you may have under the Competition and Consumer Act 2010 (Cth).