Terms of service
Last updated on 04.06.2026
Szymon Stanislaw Wyrembak
trading as “BEARDMATE”
ABN 40 966 910 883
(BEARDMATE)
TERMS AND CONDITIONS FOR BUYING PRODUCTS AND JUST BROWSING
Welcome to BEARDMATE.
In these terms, we also refer to BEARDMATE as “our”, “we”, or “us”.
And you are you!
What are these terms about?
These terms apply when you use this website, being www.beardmate.com.au and any other websites we operate with the same domain name and a different extension (“Website”). These terms also apply when you purchase a once-off single product (“Product”) or a subscription for the ongoing purchase of a selected Product(s) (“Subscription”) through this Website (collectively, an “Order”). If you’re looking for our Privacy Policy, which we will comply with and you also agree to be bound by, you
can find it here https://www.beardmate.com.au/policies/privacy-policy .
How do I read these terms?
We separated these terms into three parts, so they are easy to read and understand.
Those parts are:
• Part A: Terms for when you buy Products or sign up for a Subscription (applies when you buy)
• Part B: Terms for when you browse and interact with this Website (applies when you browse)
• Part C: Liability and warranties, and interpretation provisions (applies to both buying and browsing)
Please let us know if you have any questions about these terms, and don’t continue using this Website or purchase any Products unless you have read and agree to these terms.
I’ve returned to your Website, do I need to read these terms again?
Once you place an Order, the terms accepted at the point of sale will apply to your purchase of those Products. However, please note that we may change any part of these terms at any time by updating this page of the Website, so you may find that different terms apply next time you use this Website or purchase Products. You can check the date at the top of this page to see when we last updated these terms.
A. For When You Buy Products…
1. SUBMITTING AN ORDER
(a) By submitting an Order for purchase of a Product using the Website’s functionality you represent and warrant that:
(i) you have the legal capacity and are of sufficient age to enter into a binding
contract with us; and
(ii) you are authorised to use the debit or credit card you provide with your Order.
(b) Submitting an Order constitutes your intention and offer to enter into Part A of these terms (including Part C which you agreed to by using this Website) where we will provide you with the single Product or Subscription you have ordered in exchange for your payment of the total amount listed upon checkout.
(c) Part A of these terms is not agreed between you and us until we have approved your payment and you receive an email from us confirming that your order is being processed.
(a) By submitting an Order for purchase of a Product using the Website’s functionality you represent and warrant that:
(i) you have the legal capacity and are of sufficient age to enter into a binding
contract with us; and
(ii) you are authorised to use the debit or credit card you provide with your Order.
(b) Submitting an Order constitutes your intention and offer to enter into Part A of these terms (including Part C which you agreed to by using this Website) where we will provide you with the single Product or Subscription you have ordered in exchange for your payment of the total amount listed upon checkout.
(c) Part A of these terms is not agreed between you and us until we have approved your payment and you receive an email from us confirming that your order is being processed.
2. ACCOUNTS
(a) You may submit an Order as a guest, or you may submit an Order with an Account. You can sign-up, register and receive an account through the Website (an Account).
(b) As part of the Account registration process and as part of your continued use of the
Website, you may be required to provide personal information and details, such as your
email address, first and last name, preferred username, a secure password, billing, postal and physical addresses, mobile phone number, bank account information, and other information as determined by us from time to time.
(c) You warrant that any information you give to us in the course of completing the Account registration process will always be accurate, honest, correct and up-to-date.
(d) Once you complete the Account registration process, we may, in our absolute discretion, choose to accept you as a registered user within the Website and provide you with an Account.
(e) We may suspend or cancel your Account if you do not comply with these terms or any other reason on notice to you.
3. PRODUCTS
3.1. GENERAL
(a) Depending on your selection at the time of checkout, your Order will include either the one-off Product or a Subscription for recurring deliveries of Products at the subscription interval selected at the time of checkout.
(b) We will endeavour to ensure that the Products provided will be substantially the same as the Products displayed on our Website, or as otherwise agreed with you in writing prior to you placing your Order. Please note that due to screen display, colour and brightness, and image quality, Products may not exactly match the image on our Website.
(c) Until the price of your Products is paid in full, title in those Products is retained by
BEARDMATE. Risk in the Products will pass to you on delivery in accordance with clause 8. Delivery must not be refused by you.
3.2. SUBSCRIPTION TERM
(a) Some of our Products may be purchased via a Subscription service, where you will receive an ongoing subscription for the selected Products as described on our
subscriptions page, in the frequency you choose (e.g. monthly) at checkout
(Subscription Services). The Subscription and their details and prices are listed on the Website
(a) Some of our Products may be purchased via a Subscription service, where you will receive an ongoing subscription for the selected Products as described on our
subscriptions page, in the frequency you choose (e.g. monthly) at checkout
(Subscription Services). The Subscription and their details and prices are listed on the Website
b) At the time of placing your Order, you have the option to select the duration of your Subscription Service.
(c) Your Subscription will automatically renew on a monthly basis unless you let us know either by email or through your Account that you would like to cancel your Subscription in accordance with clause 3.3.
(c) Your Subscription will automatically renew on a monthly basis unless you let us know either by email or through your Account that you would like to cancel your Subscription in accordance with clause 3.3.
3.3. SUBSCRIPTION CANCELLATION
(a) If you would like to cancel your Subscription, please let us know before midnight of the 18th day of the then-current month (Renewal Date). If you cancel after the Renewal Date, you will be billed for the then-current month and receive your final Package for that month, and will not be charged on the next Renewal Date.
(b) We reserve the right to cancel your order for any reason, and will notify you of this as soon as possible. Where payment has already been debited, the full amount will be credited back to your original method of payment.
(a) If you would like to cancel your Subscription, please let us know before midnight of the 18th day of the then-current month (Renewal Date). If you cancel after the Renewal Date, you will be billed for the then-current month and receive your final Package for that month, and will not be charged on the next Renewal Date.
(b) We reserve the right to cancel your order for any reason, and will notify you of this as soon as possible. Where payment has already been debited, the full amount will be credited back to your original method of payment.
3.4. PAUSING YOUR SUBSCRIPTION
(a) You may pause your Subscription at any time through your Account or by contacting us by email.
(b) If you pause your Subscription before the Renewal Date (being midnight on the 18th day of the then-current month), your Subscription will be paused for the following month and you will not be charged on the next Renewal Date.
(c) If you pause your Subscription after the Renewal Date, you will be billed for the
then-current month and receive your Package for that month. Your Subscription will then be paused from the next Renewal Date.
(d) While your Subscription is paused, you will not be charged and no Products will be delivered.
(e) You may reactivate your Subscription at any time through your Account or by contacting us.
(a) You may pause your Subscription at any time through your Account or by contacting us by email.
(b) If you pause your Subscription before the Renewal Date (being midnight on the 18th day of the then-current month), your Subscription will be paused for the following month and you will not be charged on the next Renewal Date.
(c) If you pause your Subscription after the Renewal Date, you will be billed for the
then-current month and receive your Package for that month. Your Subscription will then be paused from the next Renewal Date.
(d) While your Subscription is paused, you will not be charged and no Products will be delivered.
(e) You may reactivate your Subscription at any time through your Account or by contacting us.
4. DISCLAIMERS
Before you buy the Products, please make sure that you read and understand that:
(a) (Cosmetic Use Only) Our Products are designed for cosmetic beard care and general grooming purposes only and are not intended to diagnose, treat, cure, or prevent any medical condition.
(b) (Natural & Synthetic Ingredients) We aim to use natural ingredients wherever possible. However, you acknowledge that some Products may contain synthetic or processed ingredients where necessary for formulation, stability, safety, or performance.
(c) (Allergens & Skin Sensitivity) While we take reasonable care in formulating our
Products, they may contain ingredients that could cause irritation or allergic reactions in some individuals.
(d) (Customer Responsibility) By using our Products, you acknowledge that you are
responsible for reviewing all ingredients and usage instructions prior to use, and that you should not use the Products if you have known sensitivities or allergies to any listed ingredients.
(e) (Patch Testing) You should perform a patch test prior to full use of any Product,
particularly if you have sensitive skin or a history of allergic reactions.
(f) (Individual Reactions) You acknowledge that individual reactions may vary, and
BEARDMATE is not liable for any loss, injury, irritation, or adverse reaction arising from the use or misuse of the Products, except to the extent required under the Australian Consumer Law.
(g) (No Medical Advice) Nothing on our Website, packaging, or communications constitutes medical advice, and you should consult a qualified healthcare professional if you have concerns about skin conditions or reactions.
5. PAYMENT
5.1. PAYMENT GENERALLY
(a) (Payment obligations) You must pay fees to us in the amounts and at the times
specified at the time of check-out.
(b) (GST) Unless otherwise indicated, amounts stated on the Website do not include GST. In relation to any GST payable for a taxable supply by BEARDMATE, you must pay the GST subject to BEARDMATE providing a tax invoice.
(c) (Card surcharges) BEARDMATE reserves the right to charge credit card surcharges in the event that payments are made using a credit, debit or charge card (including Visa, MasterCard or American Express).
(d) (Payment Methods) We accept payment via credit card, debit card, and third-party payment providers such as ApplePay, Google Pay, PayPal, AfterPay (Payment
Providers) to collect payments for Products. The processing of payments by the
Payment Provider will be, in addition to these terms, subject to the terms, conditions and privacy policies of the Payment Provider and, to the maximum extent permitted by law, we will not be liable for the security or performance of the Payment Provider. We reserve the right to correct, or to instruct our Payment Provider to correct, any errors or mistakes in collecting your payment.
(e) (Pricing errors) In the event that we discover an error or inaccuracy in the price at which your order was purchased (including shipping prices), we will attempt to contact you and inform you of this as soon as possible. You will then have the option of purchasing your order at the correct price or cancelling your order. If you choose to cancel your order and payment has already been debited, the full amount will be credited back to your original method of payment.
5.1. PAYMENT GENERALLY
(a) (Payment obligations) You must pay fees to us in the amounts and at the times
specified at the time of check-out.
(b) (GST) Unless otherwise indicated, amounts stated on the Website do not include GST. In relation to any GST payable for a taxable supply by BEARDMATE, you must pay the GST subject to BEARDMATE providing a tax invoice.
(c) (Card surcharges) BEARDMATE reserves the right to charge credit card surcharges in the event that payments are made using a credit, debit or charge card (including Visa, MasterCard or American Express).
(d) (Payment Methods) We accept payment via credit card, debit card, and third-party payment providers such as ApplePay, Google Pay, PayPal, AfterPay (Payment
Providers) to collect payments for Products. The processing of payments by the
Payment Provider will be, in addition to these terms, subject to the terms, conditions and privacy policies of the Payment Provider and, to the maximum extent permitted by law, we will not be liable for the security or performance of the Payment Provider. We reserve the right to correct, or to instruct our Payment Provider to correct, any errors or mistakes in collecting your payment.
(e) (Pricing errors) In the event that we discover an error or inaccuracy in the price at which your order was purchased (including shipping prices), we will attempt to contact you and inform you of this as soon as possible. You will then have the option of purchasing your order at the correct price or cancelling your order. If you choose to cancel your order and payment has already been debited, the full amount will be credited back to your original method of payment.
5.2. PAYMENT FOR SINGLE PRODUCTS
All prices are:
(a) per unit (except where indicated);
(b) in Australian Dollars; and
(c) subject to change prior to you completing an Order without notice.
5.3. PAYMENT FOR SUBSCRIPTIONS
(a) (Renewals) The Fees for your subscription (Subscription Fees) Fees will continue to renew indefinitely on each Renewal Date, unless cancelled in accordance with clause
3.3.
(b) (Direct Debit) The Subscription Fees are paid using direct debit (DD). In signing up for a Subscription, you:
(i) authorise direct debit in line with our Payment Provider’s separate DD
Authorisation Form and any DD Agreement (as applicable);
(ii) agree to enter into any DD Agreement required by our Payment Provide (as
required)r;
(iii) authorise us to charge your bank account or credit card in advance in line with
any DD Authorisation Form and any DD Agreement;
(iv) must ensure that there are sufficient funds available in your account to allow our
Payment Provider to debit the Fees payable;
(v) acknowledge and agree that there may be additional payments required from
the Payment Provider if you miss of fail to make any payment. These terms are
separate and in addition to this agreement; and
(vi) acknowledge that we will not pay any charge back amount if you fail to cancel
your Subscription in accordance with this clause. By choosing a recurring
payment plan, you acknowledge that your Subscription has an initial and
recurring payment feature and you accept responsibility for all recurring charges
prior to your cancellation of your Subscription. We may submit periodic charges or the Subscription Fees without further authorization from you, until you provide prior written notice (receipt of which is confirmed by us) that you have terminated this authorization or wish to change your payment method. Such notice will not affect charges submitted before we could reasonably act on such notice. To terminate your authorization or change your payment method, please contact us via the email address set out on our Website.
(c) (Pricing changes) We reserve the right, from time to time, to change the Subscription Fees. We will notify you in advance if we do this.
6. DISCOUNT CODES
(a) From time to time, we may provide promotional offers and codes offering a discount on the Products (Discount Code). To use a Discount Code, you will need to enter its code at checkout.
(b) You agree that Discount Codes:
(i) cannot be applied retrospectively;
(ii) are non-transferable;
(iii) cannot be redeemed for cash or store credit; and
(iv) may be subject to additional terms or conditions and we recommend you check
the terms of any promotion to avoid disappointment.
(c) We reserve the right to deny use of a Discount Code for any reason, including where we have reason to suspect that there has been an attempt to deceive or defraud us through the use of a Discount Code.
(a) From time to time, we may provide promotional offers and codes offering a discount on the Products (Discount Code). To use a Discount Code, you will need to enter its code at checkout.
(b) You agree that Discount Codes:
(i) cannot be applied retrospectively;
(ii) are non-transferable;
(iii) cannot be redeemed for cash or store credit; and
(iv) may be subject to additional terms or conditions and we recommend you check
the terms of any promotion to avoid disappointment.
(c) We reserve the right to deny use of a Discount Code for any reason, including where we have reason to suspect that there has been an attempt to deceive or defraud us through the use of a Discount Code.
7. GIFT CARDS
(a) We may issue gift cards for use in our Website (Gift Cards).
(b) Gift Cards are valid online at our Website and are redeemable through our checkout in accordance with the process set out on the Gift Card or otherwise communicated to you.
(c) Gift Cards are not legal tender, account cards, credit or debit cards or securities. They are not reloadable and cannot be exchanged or redeemed for cash, a discount, or anything else other than our Products.
8. DELIVERY AND SHIPPING
(a) (Delivery Costs) Delivery costs will be added to the cart upon checkout. The prices displayed at checkout are inclusive of delivery to the address chosen by you.
(b) (Free Delivery) We may offer free delivery for certain products, orders, promotions, or locations, as indicated at checkout. Free delivery offers may be withdrawn or changed at any time without notice.
(c) (Delivery Details) BEARDMATE may charge you for delivery at any time
(notwithstanding that it may not have previously done so). Where prices are stated as inclusive of delivery:
(i) delivery is to the delivery point specifically accepted by BEARDMATE; and
(ii) we will deliver the Products to you in accordance with the shipping information
displayed on our Website.
(d) (Delivery Issues) Third party courier terms apply to the delivery of the Products to you. Any problems with delivery should be directed to us to troubleshoot the issue. We will endeavour to assist you to ensure your delivery arrives. All delivery times provided to you are estimates only and are subject to postal delays and reasons beyond our control. We do not warrant or make any representation that your order will be delivered within the times indicated. We will not be liable for any loss or damage suffered as a result of or in connection with late deliveries.
9. CHANGES TO YOUR ORDER
9.1. CANCELLATION BY US
We reserve the right to cancel your order for any reason and we will notify you of this as soon as possible. Where payment has already been debited, the full amount will be credited back to your original method of payment.
9.1. CANCELLATION BY US
We reserve the right to cancel your order for any reason and we will notify you of this as soon as possible. Where payment has already been debited, the full amount will be credited back to your original method of payment.
9.2. CANCELLATION BY YOU
You may cancel your Order up to the time that we confirm your Order in writing to you. Once we confirm your Order, your Order is binding and cannot be changed by you. However, our refunds and exchanges process in clause 9.3 may apply.
9.3. RETURNS, REFUNDS AND MONEY-BACK GUARANTEE
(a) We do not offer change of mind returns, except where expressly set out in clause 9.3(b).
(b) (14-Day Money-Back Guarantee) We offer a 14-day money-back guarantee on our Products in accordance with this clause 9.3(b).
(i) If you are not satisfied with a Product, you may request a refund provided that:
(A) you notify us within 14 days of receiving your Order;
(B) you contact us at hello@beardmate.com.au with your Order number and a brief reason for your request; and
(C) the Product is returned to and received by us in accordance with our
reasonable return instructions.
(ii) Upon approval of your request, you must return the Product to us at your cost,
including payment of all return shipping fees. The Product must be shipped
within 14 days of approval of your return request and must be received by us in
accordance with our reasonable return instructions.
(iii) Provided we receive your order in accordance with clause 9.3(b)(ii), we will
issue a refund of the price paid for the Product (excluding any delivery fees) to
your original payment method within 5–10 business days of approval.
(iv) We reserve the right to refuse a refund where we reasonably consider that a
claim is excessive, fraudulent, or otherwise made in bad faith.
(c) We will provide a full refund of the price paid for a Product if we determine that:
(i) a Product you have ordered was not received by you solely due to failure by us;
(ii) a Product provided to you was not substantially the same as the Product you
ordered as displayed on our Website (subject to reasonable variation as a result
of screen display, colour and brightness, and image quality); or
(iii) a Product is faulty, in accordance with clause 9.3(d), in which case we may
provide store credit, a replacement or a full refund of the price paid for a
Product.
(d) (Faulty products) The following process applies to any Product you believe to be faulty.
(i) If you believe your Product is faulty, please contact us using the details
provided on our Website with a full description of the fault (including images).
(ii) If we determine that your Product may be faulty, we will request that you send
the Product back to us at your cost for further inspection, including any
accessories, manuals, documentation or registration shipped with the Product.
We reserve the right to further inspection before deeming a Product faulty.
(iii) If we determine in our reasonable opinion that the Product is not faulty, or is
faulty due to fair wear and tear, misuse, failure to use in accordance with the
manufacturer’s instructions, or failure to take reasonable care, we will refuse
your return and send the Product back to you at your cost.
(iv) If we determine that the Product is faulty, we will issue you with a store credit,
replacement or refund (including shipping costs) depending on the nature of the
fault. All refunds will be credited back to your original method of payment unless
you request otherwise and we approve this request.
(v) If you fail to comply with the provisions of this clause 9 in respect of a faulty
Product, we may, in our absolute discretion, issue only a partial refund or no
refund in respect of the faulty Product.
(vi) Nothing in this clause 9 is intended to limit or otherwise affect the operation of
any manufacturers’ warranties which you may be entitled to or any of your
rights which cannot be excluded under applicable law.
replacement or refund (including shipping costs) depending on the nature of the
fault. All refunds will be credited back to your original method of payment unless
you request otherwise and we approve this request.
(v) If you fail to comply with the provisions of this clause 9 in respect of a faulty
Product, we may, in our absolute discretion, issue only a partial refund or no
refund in respect of the faulty Product.
(vi) Nothing in this clause 9 is intended to limit or otherwise affect the operation of
any manufacturers’ warranties which you may be entitled to or any of your
rights which cannot be excluded under applicable law.
10. INTELLECTUAL PROPERTY
(a) BEARDMATE retains all intellectual property rights in the design of the Products,
including the labelling and packaging, or those rights are owned by a third party. You
must not attempt to copy, reproduce, manufacture or otherwise commercialise the
Products.
(b) In this clause 10, “intellectual property rights” means all copyright, trade mark, design, patent, semiconductor and circuit layout rights, trade, business, company and domain names, confidential and other proprietary rights, and any other rights to registration of such rights whether created before or after the date of these terms both in Australia and throughout the world.
11. THIRD PARTY TERMS
(a) If we need to acquire goods or services supplied by a third party, you may be subject to the terms and conditions of that third party (Third Party Terms).
(b) Provided that we have notified you of such Third Party Terms and provided you with a copy of those terms (for example, a link on our Website), you agree to any Third Party Terms applicable to any goods or services supplied by a third party that we use to provide you with the Products or any services related to providing the Products and we will not be liable for any loss or damage suffered by you in connection with such Third Party Terms.
(c) You have the right to reject any Third Party Terms. If you reject the Third Party Terms, we cannot provide the Products to you, and you can cancel your Order in accordance with clause 9.
B. For When You Browse This Website…
12. ACCESS AND USE OF THE WEBSITE
You must only use the Website in accordance with these terms and any applicable laws, and must ensure that your employees, sub-contractors and any other agents who use or access the Website comply with these terms and any applicable laws.
13. YOUR OBLIGATIONS
You must not:
(a) copy, mirror, reproduce, translate, adapt, vary, modify, sell, decipher or decompile any part or aspect of the Website without the express consent of BEARDMATE;
(b) use the Website for any purpose other than the purposes of browsing, selecting or purchasing Products;
(c) use, or attempt to use, the Website in a manner that is illegal or fraudulent or facilitates illegal or fraudulent activity;
(d) use, or attempt to use, the Website in a manner that may interfere with, disrupt or create undue burden on the Website or the servers or networks that host the Website;
(e) use the Website with the assistance of any automated scripting tool or software;
(f) act in a way that may diminish or adversely impact the reputation of BEARDMATE,
including by linking to the Website on any other website; and
(g) attempt to breach the security of the Website, or otherwise interfere with the normal functions of the Website, including by:
(i) gaining unauthorised access to Website accounts or data;
(ii) scanning, probing or testing the Website for security vulnerabilities;
(iii) overloading, flooding, mailbombing, crashing or submitting a virus to the
Website; or
(iv) instigate or participate in a denial-of-service attack against the Website.
including by linking to the Website on any other website; and
(g) attempt to breach the security of the Website, or otherwise interfere with the normal functions of the Website, including by:
(i) gaining unauthorised access to Website accounts or data;
(ii) scanning, probing or testing the Website for security vulnerabilities;
(iii) overloading, flooding, mailbombing, crashing or submitting a virus to the
Website; or
(iv) instigate or participate in a denial-of-service attack against the Website.
14. INFORMATION ON THE WEBSITE
(a) While we make every effort to ensure that the information on the Website is as up-to-date and accurate as possible, you acknowledge and agree that from time to time, you may encounter the following issues:
(i) the Website may have errors or defects (or both, as the case may be);
(ii) the Website may not be accessible at times;
(iii) messages sent through the Website may not be delivered promptly, or
delivered at all;
(iv) information you receive or supply through the Website may not be secure or
confidential; and
(v) any information provided through the Website may not be accurate or true.
(b) We reserve the right to change any information or functionality on the Website by
updating the Website at any time without notice, including product descriptions, prices and other Website Content (as defined below).
15. INTELLECTUAL PROPERTY
(a) BEARDMATE retains ownership of the Website and all materials on the Website
(including text, graphics, logos, design, icons, images, sound and video recordings,
pricing, downloads and software) (Website Content) and reserves all rights in any
intellectual property rights owned or licensed by it not expressly granted to you.
(b) You may make a temporary electronic copy of all or part of the Website for the sole purpose of viewing it. You must not otherwise reproduce, transmit, adapt, distribute, sell, modify or publish the Website or any Website Content without prior written consent fromvBEARDMATE or as permitted by law.
(c) In this clause 15, “intellectual property rights” means all copyright, trade mark, design, patent, semiconductor and circuit layout rights, trade, business, company and domain names, confidential and other proprietary rights, and any other rights to registration of such rights whether created before or after the date of these terms both in Australia and throughout the world.
16. LINKS TO OTHER WEBSITES
(a) The Website may contain links to other websites that are not our responsibility. We have no control over the content of any linked websites, and we are not responsible for that content.
(b) Inclusion of any linked website on the Website does not imply our approval or
endorsement of the linked website.
17. THIRD PARTY PLATFORM
(a) This Website is powered by a third party platform and the terms and conditions of that third party may apply to your use of this Website to the extent applicable to you. Those terms can be accessed here: Shopify Terms of Service - Shopify Australia.
(b) To the maximum extent permitted under applicable law and our agreement with our third party platform provider, we will not be liable for any acts or omissions of that third party, including in relation to any fault or error of the Website or any issues experienced in placing Orders.
18. SECURITY
To the maximum extent permitted by law, BEARDMATE does not accept responsibility for loss or damage to computer systems, mobile phones or other electronic devices arising in connection with use of the Website. You should take your own precautions to ensure that the process that you employ for accessing the Website does not expose you to risk of viruses, malicious computer code or other forms of interference.
19. REPORTING MISUSE
If you become aware of misuse of the Website by any person, any errors in the material on the Website or any difficulty in accessing or using the Website, please contact us immediately using the contact details or form provided on our Website.
C. Liability And Other Legal Terms
20. LIABILITY
20.1. WARRANTIES
Under the Australian Consumer Law contained in the Competition and Consumer Act 2010 (Cth) (ACL), you may be entitled to certain remedies (like a refund, replacement or repair) if there is failure with the goods or services provided. Nothing in these terms is intended to limit the operation of the ACL. Please note that:
(a) Products sold by BEARDMATE, will have only the benefit of any warranty given, and insurance held, by the manufacturer.
(b) To the maximum extent permitted by applicable law, all express or implied
representations and warranties not expressly stated in this agreement are excluded.
20.2. LIABILITY
(a) To the maximum extent permitted by law and subject to clause 20.2(b), the total liability of each party in respect of loss or damage sustained by the other party in connection with these terms is limited to the total Fees paid by you to BEARDMATE under the most recent Order.
(b) Clause 20.2(a) does not apply to your liability in respect of loss or damage sustained by
us arising from your breach of clauses 1, 2, 9.3, 10, 13 and 15.
(c) Claims for loss of or damage to Products in transit must be made against the carrier.
(a) To the maximum extent permitted by law and subject to clause 20.2(b), the total liability of each party in respect of loss or damage sustained by the other party in connection with these terms is limited to the total Fees paid by you to BEARDMATE under the most recent Order.
(b) Clause 20.2(a) does not apply to your liability in respect of loss or damage sustained by
us arising from your breach of clauses 1, 2, 9.3, 10, 13 and 15.
(c) Claims for loss of or damage to Products in transit must be made against the carrier.
20.3. CONSEQUENTIAL LOSS
To the maximum extent permitted by law, neither party will be liable for any incidental, special or consequential loss or damages, or damages for loss of data, business or business opportunity, goodwill, anticipated savings, profits or revenue in connection with this agreement or any Products or services provided by us, except:
(a) in relation to a party’s liability for fraud, personal injury, death or loss or damage to tangible property; or
(b) to the extent this liability cannot be excluded under the Competition and Consumer Act 2010 (Cth).
21. GENERAL
21.1. GOVERNING LAW AND JURISDICTION
This agreement is governed by the law applying in New South Wales, Australia. Each party irrevocably submits to the exclusive jurisdiction of the courts of New South Wales, Australia and courts of appeal from them in respect of any proceedings arising out of or in connection with these terms. Each party irrevocably waives any objection to the venue of any legal process on the basis that the process has been brought in an inconvenient forum.
21.2. WAIVER
No party to these terms may rely on the words or conduct of any other party as a waiver of any right unless the waiver is in writing and signed by the party granting the waiver.
21.3. SEVERANCE
Any term of these terms which is wholly or partially void or unenforceable is severed to the extent that it is void or unenforceable. The validity and enforceability of the remainder of these terms is not limited or otherwise affected.
21.4. JOINT AND SEVERAL LIABILITY
An obligation or a liability assumed by, or a right conferred on, two or more persons binds or benefits them jointly and severally.
21.5. ASSIGNMENT
A party cannot assign, novate or otherwise transfer any of its rights or obligations under these terms without the prior written consent of the other party.
21.6. COSTS
Except as otherwise provided in these terms, each party must pay its own costs and expenses in connection with negotiating, preparing, executing and performing these terms.
21.7. ENTIRE AGREEMENT
This agreement embodies the entire agreement between the parties and supersedes any prior negotiation, conduct, arrangement, understanding or agreement, express or implied, in relation to the subject matter of these terms.
21.8. INTERPRETATION
(a) (singular and plural) words in the singular includes the plural (and vice versa);
(b) (currency) a reference to $, or “dollar”, is to Australian currency;
(c) (gender) words indicating a gender includes the corresponding words of any other gender;
(d) (defined terms) if a word or phrase is given a defined meaning, any other part of speech or grammatical form of that word or phrase has a corresponding meaning;
(e) (person) a reference to “person” or “you” includes an individual, the estate of an
individual, a corporation, an authority, an association, consortium or joint venture
(whether incorporated or unincorporated), a partnership, a trust and any other entity;
(f) (party) a reference to a party includes that party’s executors, administrators, successors and permitted assigns, including persons taking by way of novation and, in the case of a trustee, includes any substituted or additional trustee;
(g) (these terms) a reference to a party, clause, paragraph, schedule, exhibit, attachment or annexure is a reference to a party, clause, paragraph, schedule, exhibit, attachment or annexure to or of these terms, and a reference to these terms includes all schedules, exhibits, attachments and annexures to it;
(h) (document) a reference to a document (including these terms) is to that document as varied, novated, ratified or replaced from time to time;
(i) (headings) headings and words in bold type are for convenience only and do not affect interpretation;
(j) (includes) the word “includes” and similar words in any form is not a word of limitation; and
(k) (adverse interpretation) no provision of these terms will be interpreted adversely to a party because that party was responsible for the preparation of these terms or that provision.
22. NOTICES
(a) Any notices required to be sent under this agreement must be sent via email using the party’s email addresses set out in this agreement, and the email’s subject heading must refer to the name and date of this agreement.
(b) If no email address is stated in this agreement, the notice may be sent to the email address most commonly used by the parties to correspond in relation to this agreement at the time the notice is sent.
(c) The notice will be considered to be delivered 24 hours after it was sent, unless the sender has reason to believe the email failed to send or was otherwise not delivered or received.