Terms & Conditions

 

Terms And Conditions of mbeat’s Site Use

Entering this site or using the services on this site (“Services”) will constitute your acceptance of these terms and conditions.

Please read these terms and conditions carefully. They may have changed since your last visit to this site. Your use of this site constitutes your acceptance of these terms and conditions. Do not use this site if you do not accept these terms and conditions. We may change these terms in our sole discretion, as we deem necessary from time to time.

Customer Information

To understand mbeat’s privacy practices, please see our privacy policy page.

Pricing, Specifications and Availability

All prices are in Australian Dollars. Prices, specifications and availability of products are subject to change without notice. Due to the changing nature of the computer market, and because of the technical differences in the equipment of our customers, product descriptions may not reflect current technical information, and we cannot be responsible for photographic differences in product size, shape and colour.

mbeat.com.au orders generate automatic confirmation e-mail, but the receipt of a confirmation only means that we have received your order, and does not constitute an offer to sell. We may change our pricing, product description or specifications after any confirmation e-mail, but prior to shipment, due to errors, changing market conditions, product discontinuation or unavailability, typographical errors, or any other reason. We reserve the right to limit the quantity of any item sold, or prohibit a sale altogether.

We will notify you of any corrections or changes to your order, and will not complete it until we have your approval. We estimate your order will ship within seven business days after funds cleared. Published prices do not include shipping and insurance. We are required by law to collect GST on all shipments.

Payment and Shipping Information

Paying by Credit Card

Paying by Credit Card. You may pay by Visa and Master Card. We do not add any credit card surcharges. Please see our privacy policy for more information about your credit card safety.

Paying by Bank Deposit

Paying by Bank Deposit. You may pay by Bank Deposit to us. Bank deposit takes up to 3 business days to clear and please use your order number as deposit reference number.

Paying by Paypal

Paying by Paypal. You may pay by Paypal to us. Paypal fund may take up to 24 hours to clear. Please note that e-Check may take more days to clear through paypal.

Shipping

mbeat can only ship to street addresses within Australia or selected countries, such as US, EU, NZ by appointed Couriers and are unable to deliver to P.O boxes. mbeat reserves the right, at its sole discretion, to cancel any orders submitted for shipment to freight forwarder or similar entity.

Compliance with Applicable Law

Your use and/or access of this website is governed by all applicable laws, including any federal, state and local laws. Without limiting the generality of the foregoing, any and all information available on this site may be subject to Australia export control laws and may also be subject to the laws of the country where you reside.

Intellectual Property

The trademarks, logos and service marks displayed on this website are the property of Mbeat, its subsidiaries or affiliates, or other third parties. You are not permitted to use these trademarks, logos or service marks without the prior written consent of Mbeat or such third party, which may own the applicable trademark, logo or service mark. “mbeat” is a registered trademark of its trademark holder.

Disclaimer of Warranties

YOU EXPRESSLY UNDERSTAND AND AGREE THAT YOUR USE OF THE SERVICES IS AT YOUR SOLE RISK. THE SERVICES ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS. ALL EXPRESS OR IMPLIED CONDITIONS, REPRESENTATIONS AND WARRANTIES INCLUDING THOSE OF MERCHANTABILITY, SATISFACTORY QUALITY, NON-INFRINGEMENT OR FITNESS FOR A PARTICULAR PURPOSE ARE EXCLUDED TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW. MBEAT MAKES NO WARRANTY THAT THE SERVICES WILL BE UNINTERRUPTED, TIMELY, SECURE OR ERROR-FREE OR THAT ANY DEFECTS IN THE OPERATION OR FUNCTIONALITY OF THE SERVICES OR RELATED SOFTWARE WILL BE CORRECTED. IN ADDITION, DUE TO THE CONTINUAL DEVELOPMENT OF NEW TECHNIQUES FOR INTRUDING UPON AND ATTACKING NETWORKS, WE DO NOT WARRANT THAT THE SERVICE, SYSTEM(S) OR NETWORK(S) ON WHICH (OR THROUGH WHICH) THE SERVICE IS USED WILL BE FREE OF VULNERABILITY TO INTRUSION OR ATTACK.

IT IS YOUR RESPONSIBILITY TO BACK UP YOUR SYSTEM INCLUDING, WITHOUT LIMITATION, ANY USER CONTENT OR OTHER DATA THAT YOU MAY USE OR POSSESS IN CONNECTION WITH A SERVICE AND THAT MAY RESIDE ON YOUR SYSTEM.

ANY MATERIAL, INFORMATION OR DATA DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE SERVICES IS ACCESSED AT YOUR OWN DISCRETION AND RISK, AND YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULT FROM THE DOWNLOAD OF SUCH MATERIAL.

NO ADVICE, REPRESENTATION OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM MBEAT OR THROUGH ANY MBEAT WEBSITE SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THESE TERMS AND CONDITIONS.

SOME COUNTRIES, STATES AND/OR PROVINCES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF CERTAIN CONDITIONS OR WARRANTIES INCLUDING, FOR EXAMPLE, THE EXCLUSION OF WARRANTIES OF REASONABLE SKILL AND CARE. ACCORDINGLY, ONLY THOSE EXCLUSIONS AND LIMITATIONS THAT ARE LAWFUL IN YOUR JURISDICTION WILL APPLY TO YOU AND, IN SUCH INSTANCES IN SUCH INSTANCES, MBEAT’S LIABILITY WILL BE LIMITED ONLY TO THE MAXIMUM EXTENT PERMITTED BY LAW

Exclusions and Limitations of Liability

TO THE MAXIMUM EXTENT PERMITTED BY LAW, IN NO EVENT WILL MBEAT AND/OR ITS AFFILIATES BE LIABLE TO YOU FOR ANY LOST OR DAMAGED DATA (INCLUDING, WITHOUT LIMITATION, THE LOSS OF OR DAMAGE TO ANY USER CONTENT), LOST REVENUE, INCOME OR PROFIT, LOSS OF THE ABILITY TO USE ANY THIRD PARTY PRODUCTS, SOFTWARE OR SERVICES OR FOR ANY SPECIAL, INDIRECT, CONSEQUENTIAL OR INCIDENTAL LOSSES, OR PUNITIVE DAMAGES, REGARDLESS OF THE THEORY OF LIABILITY (INCLUDING NEGLIGENCE), ARISING OUT OF OR RELATED TO THE USE OF OR INABILITY TO USE THE SERVICE, EVEN IF MBEAT AND/OR ITS AFFILIATES HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

YOU SPECIFICALLY ACKNOWLEDGE THAT MBEAT AND/OR ITS AFFILIATES SHALL NOT BE LIABLE FOR USER CONTENT OR THE DEFAMATORY, OFFENSIVE, OR ILLEGAL CONDUCT OF YOU AND/OR ANY THIRD PARTY AND THAT THE RISK OF HARM OR DAMAGE FROM THE FOREGOING RESTS ENTIRELY WITH YOU.

SOME COUNTRIES, STATES AND/OR PROVINCES DO NOT PERMIT THE LIMITATION OR EXCLUSION OF LIABILITY FOR CERTAIN DAMAGES INCLUDING, FOR EXAMPLE, INDIRECT, INCIDENTAL OR CONSEQUENTIAL DAMAGES. ACCORDINGLY, ONLY THE LIMITATIONS THAT ARE LAWFUL IN YOUR JURISDICTION WILL APPLY TO YOU AND, IN SUCH INSTANCES, MBEAT’S LIABILITY WILL BE LIMITED ONLY TO THE MAXIMUM EXTENT PERMITTED BY LAW.

Important Notice Regarding Your Consumer Rights: SOME COUNTRIES, STATES AND/OR PROVINCES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF CERTAIN CONDITIONS, WARRANTIES OR GUARANTEES AND/OR DO NOT ALLOW PRODUCTS OR SERVICES TO BE SOLD WITH NO WARRANTIES OR GUARANTEES. ACCORDINGLY, IF THESE LAWS APPLY TO YOU, SOME OR ALL OF THIS SECTION ON “DISCLAIMER OF WARRANTIES” MAY NOT APPLY TO YOU. ONLY THOSE EXCLUSIONS AND LIMITATIONS THAT ARE LAWFUL IN YOUR JURISDICTION WILL APPLY TO YOU AND, IN SUCH INSTANCES, MBEAT’S LIABILITY WILL BE LIMITED ONLY TO THE MAXIMUM EXTENT PERMITTED BY LAW. The enforceability of these limited warranties may vary based on the local laws applicable to you, and you may have additional rights depending on where you live. For example, in Australia, the Services come with statutory guarantees that cannot be excluded or limited under the Australian Consumer Law (as further explained below).

These Terms and Conditions are not intended to and does not:

  • change or exclude any statutory consumer rights that cannot be lawfully changed or excluded; or
  • limit or exclude any right you have against the person who sold the Product to you if that person has breached their sales contract with you.

If you are located in Australia, the following paragraph applies to you:

Certain legislation, including the Australian Consumer Law may imply warranties or conditions, or impose guarantees or obligations on Mbeat, which operate to protect certain Australian purchasers of goods and services in various circumstances (“AU Applicable Laws”). Nothing in these Terms and Conditions excludes, restricts or modifies any condition, warranty, guarantee, right or remedy implied or imposed by any AU Applicable Laws, which cannot lawfully be excluded, restricted or modified.

To make a warranty claim contact your place of purchase or contact mbeat at support@mbeat.com.au with proof of purchase or see our warranty section for more information. In addition to any warranty mbeat gives, mbeat products come with guarantees that cannot be excluded under the Australian Consumer Law. You are entitled to a replacement or refund for a major failure and for 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.

Governing Law and Jurisdiction

These terms and conditions are governed by the laws of Victoria, Australia, and you agree submit to the exclusive jurisdiction of the courts of Victoria, Australia.