Terms & Conditions

1.      About the Website

 

a.      Welcome to www.burstgroup.com.au (Website). The Website provides you with an opportunity to browse and purchase various products that have been listed for sale through the Website (Products). The Website provides this service by way of granting you access to the content on the Website (Purchasing Service).

 

b.      The Website is operated by Promitheia AU PTY LTD (ACN 641213514). Access to and use of the Website, or any of its associated Products or Services, is provided by Promitheia AU. Please read these terms and conditions (Terms) carefully. By using, browsing and/or reading the Website, it will be deemed that you have read, understood and that you agree to be bound by the Terms. If you do not agree with the Terms, you must cease usage of the Website, or any of Services, immediately.

 

c.       Promitheia AU reserves the right to change any of the Terms by updating this page at its sole discretion. Any changes to the Terms take immediate effect from the date of their publication. Before you continue, we recommend you keep a copy of the Terms for your records.

 

2.      Registration for the use of the Purchasing Service

 

a.      Prior to accessing the Purchasing Service, you must register as a user of the Website. As part of the registration process, or as part of your continued use of the Purchasing Service, you may be required to provide personal information about yourself (such as identification or contact details), including:

 

                                                              i.      Email address

                                                             ii.      Preferred username

                                                           iii.      Telephone number

                                                           iv.      Password

                                                             v.      Address

                                                           vi.      Name

                                                         vii.      Credit card details

 

b.      You warrant that any information you give to Promitheia Australia in the course of completing the registration or purchasing process will always be accurate, correct and up to date.

 

c.       Once you have completed the registration process, you will be a registered member of the Website (Member). As a Member you will be granted immediate access to the Purchasing Service.

 

d.      You may not use the Purchasing Service and may not accept the Terms if:

                                                              i.      you are not of legal age to form a binding contract with Promitheia AU; or

                                                             ii.      you are a person barred from receiving the Purchasing Service under the laws of Australia or other countries including the country in which you are resident or from which you use the Purchasing Service.

 

3.      Your obligations as a Member

 

a.      As a Member, you agree to comply with the following:

                                                              i.      You will use the Purchasing Service only for purposes that are permitted by:

1.      the Terms;

2.      any applicable law, regulation or generally accepted practices or guidelines in the relevant jurisdictions;

 

b.      You have the sole responsibility for protecting the confidentiality of your password and/or email address.

                                                              i.      Use of your password by any other person may result in the immediate cancellation of the Purchasing Service;

                                                             ii.      any use of your registration information by any other person, or third parties, is strictly prohibited. You agree to immediately notify Promitheia AU of any unauthorised use of your password or email address or any breach of security of which you have become aware;

                                                           iii.      access and use of the Website is limited, non-transferable and allows for the sole use of the Website by you for the purposes of Promitheia AU providing the Purchasing Service;

                                                           iv.      you will not use the Purchasing Service or Website for any illegal and/or unauthorised use which includes collecting email addresses of Members by electronic or other means for the purpose of sending unsolicited email or unauthorised framing of or linking to the Website;

                                                             v.      you agree that commercial advertisements, affiliate links, and other forms of solicitation may be removed from the Website without notice and may result in termination of the Purchasing Service. Legal action may be taken by Promitheia AU for any illegal or unauthorised use of the Website; and

                                                           vi.      you acknowledge and agree that any automated use of the Website or its Purchasing Service is prohibited.

 

4.      Purchase of Products and Returns Policy

 

a.      In using the Purchasing Service to purchase products through the Website, you agree to the payment of the purchase price listed on the Website for the Product (Purchase Price).

b.      Payment of the Purchase Price may be made through Visa, Mastercard (Payment Gateway Provider). In using the Purchasing Service, you warrant that you have understood, and agree to be bound by, the applicable Terms and Conditions of Use, Privacy Policy and other relevant legal documentation provided by the Payment Gateway Providers.

c.       Following confirmation of payment of the Purchase Price by Promitheia AU, you will be issued with a receipt to confirm that the payment has been received and Promitheia AU may record your purchase details for future use such as market analysis or for marketing purposes.

d.      Orders can only be cancelled by the purchaser where the order has not been picked at the warehouse

e.      To discourage stockpiling, Promitheia AU does not provide refunds or replacements except where covered by consumer guarantees as set under Australian Consumer Law.

 

5.      Warranty

 

 

a.      Promitheia AU’s Products come with guarantees that cannot be excluded under the Australian Consumer Law. You are entitled to a replacement for a major failure of the Product. You are also entitled to have the Products repaired or replaced if the Products fail to be of acceptable quality and the failure does not amount to a major failure (Warranty).

 

b.      You may make a claim under this clause (Warranty Claim) for material defects and workmanship in the Products within 14 days from the date of purchase (Warranty Period).

 

c.       In order to make a Warranty Claim during the Warranty Period, you must provide proof of purchase to Promitheia AU showing the date of purchase of the Products, provide a description of the Products and the price paid for the Products by sending written notice to Promitheia Australia by email at admin@burstgroup.com.au.

 

d.      Where the Warranty Claim is accepted then Promitheia AU will, at its sole discretion, either repair or replace any defective Products or part thereof with a new or remanufactured equivalent during the Warranty Period at no charge to you for parts or labour. You acknowledge and agree that you will be solely liable for any postage or shipping costs incurred in facilitating the Warranty Claim.

 

e.      The Warranty shall be the sole and exclusive warranty granted by Promitheia AU and shall be the sole and exclusive remedy available to you in addition to other rights and under a law in relation to the Products to which this warranty relates and any manufacturer’s warranty that may apply.

 

f.        All implied warranties including the warranties of merchantability and fitness for use are limited to the Warranty Period.

 

g.      The Warranty does not apply to any appearance of the supplied Products nor to the additional excluded items below nor to any supplied Products where the exterior of which has been damaged or defaced, which has been subjected to misuse, abnormal service or handling, or which has been altered or modified in design or construction.

 

h.      Any claims on manufacturer’s warranty will be made by you direct to the manufacturer and following the manufacturer’s terms and conditions

 

6.      Delivery

a.      You acknowledge that the Purchasing Service offered by Promitheia AU integrates the delivery (Delivery Service), through the use of third-party delivery companies (Delivery Service Providers).

 

b.      In providing the Purchasing Service, Promitheia AU may provide you with a variety of delivery and insurance options offered as part of the Delivery Service by the Delivery Service Providers. You acknowledge and agree that Promitheia AU is not the provider of these delivery and insurance options and merely facilitates your interaction with the Delivery Service Providers in respect to providing the Delivery Service.

 

c.       If an item is lost or damaged in the course of the Delivery Service, Promitheia AU asks that you:

                                                              i.      contact the Delivery Service Provider directly to request a refund or to claim on any insurance options available; and

                                                             ii.      contact us by sending an email to admin@burstgroup.com.au outlining in what way the Products were damaged in transit so we are able to determine if the Delivery Service Provider should be removed from the Purchasing Service.

 

7.      Copyright and Intellectual Property

a.      The Website, the Purchasing Service and all of the related products of Promitheia AU are subject to copyright. The material on the Website is protected by copyright under the laws of Australia and through international treaties. Unless otherwise indicated, all rights (including copyright) in the site content and compilation of the website (including text, graphics, logos, button icons, video images, audio clips and software) (Content) are owned or controlled for these purposes and are reserved by Promitheia AU or its contributors.

 

b.      Promitheia AU retains all rights, title and interest in and to the Website and all related content. Nothing you do on or in relation to the Website will transfer to you:

                                                              i.      the business name, trading name, domain name, trademark, industrial design, patent, registered design or copyright of Promitheia Australia; or

                                                             ii.      the right to use or exploit a business name, trading name, domain name, trademark or industrial design; or

                                                           iii.      a system or process that is the subject of a patent, registered design or copyright (or an adaptation or modification of such a system or process).

c.       You may not, without the prior written permission of Promitheia AU and the permission of any other relevant rights owners: broadcast, republish, up-load to a third party, transmit, post, distribute, show or play in public, adapt or change in any way the Content or third party content for any purpose.

 

8.      Privacy

a.      Promitheia AU takes your privacy seriously and any information provided through your use of the Application and/or the Purchasing Service are subject to Promitheia AU’s Privacy Policy, which is available on the website under the menu item Policies.

 

9.      General Disclaimer

 

a.      You acknowledge that Promitheia AU does not make any terms, guarantees, warranties, representations or conditions whatsoever regarding the Products other than provided for pursuant to these Terms.

b.      Promitheia AU will make reasonable efforts for a Product to be accurately depicted on the Website, however, you acknowledge that sizes, colours and packaging may differ from what is displayed on the Website.

c.       Nothing in these Terms limits or excludes any guarantees, warranties, representations or conditions implied or imposed by law, including the Australian Consumer Law (or any liability under them) which by law may not be limited or excluded.

d.      Subject to this clause, and to the extent permitted by law:

                                                              i.      all terms, guarantees, warranties, representations or conditions which are not expressly stated in these Terms are excluded; and

                                                             ii.      Promitheia AU 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), loss of profit or opportunity, or damage to goodwill arising out of or in connection with the Purchasing Service or these Terms (including as a result of not being able to use the Purchasing Service or the late supply of the Purchasing Service), whether at common law, under contract, tort (including negligence), in equity, pursuant to statute or otherwise.

 

e.      Use of the Website, the Purchasing Service, and any of the products of Promitheia AU (including the Delivery Service), is at your own risk. Everything on the Website, the Purchasing Service, and the Products of Promitheia AU, are provided to you on an "as is" and "as available" basis, without warranty or condition of any kind except those provided for in Clause 6 of this contract. None of the affiliates, directors, officers, employees, agents, contributors, third party content providers or licensors of Promitheia AU (including any third party where the Delivery Services are made available to you) make any express or implied representation or warranty about its Content or any products or Purchasing Service (including the products or Purchasing Service of Promitheia AU) referred to on the Website. This includes (but is not restricted to) loss or damage you might suffer as a result of any of the following:

                                                              i.      failure of performance, error, omission, interruption, deletion, defect, failure to correct defects, delay in operation or transmission, computer virus or other harmful component, loss of data, communication line failure, unlawful third-party conduct, or theft, destruction, alteration or unauthorised access to records;

                                                             ii.      the accuracy, suitability or currency of any information on the Website, the Purchasing Service, or any of its Content related products (including third party material and advertisements on the Website);

                                                           iii.      costs incurred as a result of you using the Website, the Purchasing Service or any of the Products;

                                                           iv.      the Content or operation in respect to links which are provided for the User’s convenience;

                                                             v.      any failure to complete a transaction, or any loss arising from e-commerce transacted on the Website; or

                                                           vi.      any defamatory, threatening, offensive or unlawful conduct of third parties or publication of any materials relating to or constituting such conduct.

 

10.  Limitation of Liability

a.      Promitheia AU ‘s total liability arising out of or in connection with the Purchasing Service or these Terms, however arising, including under contract, tort (including negligence), in equity, under statute or otherwise, will not exceed the most recent Purchase Price paid by you under these Terms or where you have not paid the Purchase Price, then the total liability of Promitheia AU is the resupply of information or Purchasing Service to you.

b.      You expressly understand and agree that Promitheia AU, its affiliates, employees, agents, contributors, third party content providers and licensors shall not be liable to you for any direct, indirect, incidental, special consequential or exemplary damages which may be incurred by you, however caused and under any theory of liability. This shall include, but is not limited to, any loss of profit (whether incurred directly or indirectly), any loss of goodwill or business reputation and any other intangible loss.

c.       Promitheia AU is not responsible or liable in any manner for any site content (including the Content and Third Party Content) posted on the Website or in connection with the Purchasing Service, whether posted or caused by users of the website of Promitheia AU, by third parties or by any of the Purchasing Service offered by Promitheia AU.

d.      You acknowledge that Promitheia AU does not provide the Delivery Service to you and you agree that Promitheia AU will not be liable to you for any special, indirect or consequential loss or damage, loss of profit or opportunity, or damage to goodwill arising out of or in connection with the Delivery Service.

 

11.  Termination of Contract

 

a.      The Terms will continue to apply until terminated by either you or by Promitheia AU as set out below.

 

b.      If you want to terminate the Terms, you may do so by:

                                                              i.      notifying Promitheia AU at any time; and

                                                             ii.      closing your accounts for all of the Purchasing Service which you use, where Promitheia AU has made this option available to you.

 

c.       Your notice should be sent, in writing, to Promitheia AU via the ‘Contact Us’ link on our homepage.

 

d.      Promitheia AU may at any time, terminate the Terms with you if:

                                                              i.      you have breached any provision of the Terms or intend to breach any provision;

                                                             ii.      Promitheia AU is required to do so by law;

                                                           iii.      the partner with whom Promitheia AU offered the Purchasing Service to you has terminated its relationship with Promitheia AU or ceased to offer the Purchasing Service to you;

                                                           iv.      Promitheia AU is transitioning to no longer providing the Purchasing Service to Users in the country in which you are resident or from which you use the service; or

                                                             v.      the provision of the Purchasing Service to you by Promitheia AU is, in the opinion of Promitheia AU, no longer commercially viable.

 

e.      Subject to applicable laws, Promitheia AU may discontinue or cancel your membership to the Website at any time and may suspend or deny, at its sole discretion, your access to all or any portion of the Website or the Purchasing Service without notice if you breach any provision of the Terms or any applicable law or if your conduct impacts Promitheia AU’s name or reputation or violates the rights of those of another party.

 

 

12.  Indemnity

 

a.      You agree to indemnify Promitheia AU, its affiliates, employees, agents, contributors, third party content providers and licensors from and against:

                                                              i.      all actions, suits, claims, demands, liabilities, costs, expenses, loss and damage (including legal fees on a full indemnity basis) incurred, suffered or arising out of or in connection with any Content you post through the Website;

                                                             ii.      any direct or indirect consequences of you accessing, using or transacting on the Website or attempts to do so and any breach by you or your agents of these Terms; and/or

                                                           iii.      any breach of the Terms.

 

13.  Dispute Resolution

 

a.      Compulsory:

                                                              i.      If a dispute arises out of or relates to the Terms, neither party may commence any Tribunal or Court proceedings in relation to the dispute, unless the following clauses have been complied with (except where urgent interlocutory relief is sought).

b.      Notice:

                                                              i.      A party to the Terms claiming a dispute (Dispute) has arisen under the Terms, must give written notice to the other party detailing the nature of the dispute, the desired outcome and the action required to settle the Dispute.

c.       Resolution:

                                                              i.      On receipt of that notice (Notice) by that other party, the parties to the Terms (Parties) must:

 

1.      Within 14 days of the Notice endeavour in good faith to resolve the Dispute expeditiously by negotiation or such other means upon which they may mutually agree;

 

2.      If for any reason whatsoever, 14 days after the date of the Notice, the Dispute has not been resolved, the Parties may either agree upon selection of a mediator or request that an appropriate mediator be appointed by the President of the Australian Mediation Association or his or her nominee;

 

3.      The Parties are equally liable for the fees and reasonable expenses of a mediator and the cost of the venue of the mediation and without limiting the foregoing undertake to pay any amounts requested by the mediator as a pre-condition to the mediation commencing. The Parties must each pay their own costs associated with the mediation;

 

4.      The mediation will be held in Canberra, Australia.

 

d.      Confidential

 

                                                              i.      All communications concerning negotiations made by the Parties arising out of and in connection with this dispute resolution clause are confidential and to the extent possible, must be treated as "without prejudice" negotiations for the purpose of applicable laws of evidence.

 

e.      Termination of Mediation:

 

                                                              i.      If 30 days have elapsed after the start of a mediation of the Dispute and the Dispute has not been resolved, either Party may ask the mediator to terminate the mediation and the mediation will be considered terminated by both parties.

 

f.        Venue and Jurisdiction

 

                                                              i.      The Purchasing Service offered by Promitheia AU is intended to be viewed by residents of Australia. In the event of any dispute arising out of or in relation to the Website, you agree that the exclusive venue for resolving any dispute shall be in the courts of New South Wales, Australia.

 

g.      Governing Law

 

                                                              i.      The Terms are governed by the laws of New South Wales, Australia. Any dispute, controversy, proceeding or claim of whatever nature arising out of or in any way relating to the Terms and the rights created hereby shall be governed, interpreted and construed by, under and pursuant to the laws of New South Wales, Australia, without reference to conflict of law principles, notwithstanding mandatory rules. The validity of this governing law clause is not contested. The Terms shall be binding to the benefit of the parties hereto and their successors and assigns.

 

h.      Independent Legal Advice

 

                                                              i.      Both parties confirm and declare that the provisions of the Terms are fair and reasonable and both parties having taken the opportunity to obtain independent legal advice and declare the Terms are not against public policy on the grounds of inequality or bargaining power or general grounds of restraint of trade.

 

i.        Severance

 

                                                              i.      If any part of these Terms is found to be void or unenforceable by a Court of competent jurisdiction, that part shall be severed, and the rest of the Terms shall remain in force.

 

14.  Refund Policy

 

a.      Promitheia AU is not required to provide a refund or replacement if you change your mind. But you can choose a refund or exchange if an item has a major problem. This is when the item:

                                                              i.      has a problem that would have stopped someone from buying the item if they had known about it

                                                             ii.      is unsafe

                                                           iii.      is significantly different from the sample or description

                                                           iv.      doesn’t do what we said it would, or what you asked for and can’t be easily fixed.

b.      Promitheia AU’s sole responsibility and liability under this clause and otherwise with respect to the product is to supply replacement product. No responsibility will be accepted unless a representative of Promitheia AU is afforded the opportunity to inspect any alleged failure. All other conditions or warranties whether express or implied by any other representation, statement or correspondence on the part of the Company are hereby excluded.

c.       Order cancellations can only be processed prior to stock being picked at the warehouse.

 

15.  Dispatch and Delivery Policy

 

a.      Promitheia AU will endeavour to despatch orders to metro areas within 3 – 7 business days. However, please note that Promitheia AU uses third party delivery services and is subject to third party policies and timeframes over which Promitheia AU have no control.

b.      Whilst Promitheia AU make every effort to deliver your order within the estimated timeframes, all dates specified are estimates only.

c.       All products will leave partner warehouses in good condition. If packages are damaged, please do not sign for it.

d.      Promitheia AU can’t be held liable for loss or damage resulting from late delivery, but we will do our best to provide assistance in these circumstances.

e.      Please note that deliveries to remote locations will take longer than the estimated timeframes.