Terms and Conditions

Terms of Use

The Byrnecut website is owned and operated by Byrnecut Australia Pty Ltd (Byrnecut) under the domain name www.byrnecut.com.au
Your use of the information, graphics, text, software and materials (Content) on the Byrnecut website is governed by these Terms of Use and our Privacy Policy. You acknowledge and accept that by using the Byrnecut website, you accept these Terms of Use and agree to be bound by these Terms of Use.
If you use the Byrnecut website on behalf of your employer, a company or other legal entity, you warrant that:

(a) you have full legal authority to bind that entity to these Terms of Use; and
(b) both you and the entity on whose behalf you are entering into these Terms of Use will be bound by these Terms of Use.

We may at any time vary the Terms of Use by publishing the varied Terms of Use on the Byrnecut website. You accept that by doing this, we have provided you with sufficient notice of the variation. You should not use this website if you do not agree with these Terms of Use or Byrnecut’s Privacy Policy.

LINKS TO OTHER WEBSITES

This website may contain links to other websites solely for your convenience only and may not remain current or be maintained. Byrnecut does not endorse, recommend or approve of any information, products or services referred to on such linked sites and assumes no responsibility for the contents of any other website to which this website offers links.
You may not link to the homepage or any other parts of this website without prior written consent from Byrnecut.
Your use of any link to a linked website is entirely at your own risk.
Unless stated otherwise on this website, Byrnecut has no relationship with the owners or operators of those linked websites and has no control over the rights in those linked websites.

DISCLAIMER

The content on this website is provided in good faith on an “as is” basis for general information. Byrnecut takes reasonable care to ensure that the content of this website is accurate at the time of publication, however, there may be inadvertent and occasional errors or omissions. Byrnecut takes no responsibility for any error or omission relating to data or information contained in this website. Byrnecut reserves the right to change, add or remove any content in this website from time to time and without notice.

WARRANTIES

Byrnecut does not guarantee or warrant the accuracy, adequacy or completeness of Content or services provided on the Byrnecut website. All Content is provided on an “as is” basis and without guarantees or warranties of any kind, either express or implied. All terms implied by law, except those that cannot be lawfully excluded, are excluded. All Content is subject to change without notice. We do not warrant that the Byrnecut website or any linked websites will be free from viruses or defects.

LIMITATION OF LIABILITY

Subject to any responsibilities implied by law and which cannot be excluded, Byrnecut and its directors, employees, agents and contractors, are not liable to you for any losses, damages, liabilities, claims and expenses (including but not limited to legal costs and defence or settlement costs) whatsoever, whether direct, indirect or consequential, arising out of or referable to any Content on the Byrnecut website, to any material on linked websites, or to your access or use of the Byrnecut website, howsoever caused, whether in contract, tort (including negligence), statute or otherwise.

Our liability for breach of a condition or warranty implied by law which cannot be excluded is limited to the extent possible, at our option, to the supply of the goods or services again, the repair of the goods, or the payment of the cost of having the goods or services supplied again or repaired.

INDEMNITY

You indemnify Byrnecut in respect of any liability, loss, damage, cost or expense suffered or incurred by us arising from or in connection with your breach of these Terms of Use or your use of the Byrnecut website.

INTELLECTUAL PROPERTY RIGHTS

Intellectual Property Rights
All Intellectual Property rights on the Byrnecut site and the materials on this site (including but not limited to any images, photographs, animations, video, audio and text) are vested in Byrnecut, unless specifically notified to the contrary.

No unauthorised use
You may download, store in cache, display, print and reproduce this material in unaltered form only for your personal, non-commercial use or for a non-commercial use within your organisation, without Byrnecut’s written permission provided that:

  • you acknowledge the source of the material; and
  • you do not license, sell, hire, transmit over open networks or otherwise distribute these materials to persons outside of your organisation for any purpose whatsoever.

Apart from any use as permitted above or under the Copyright Act 1968 (Cth) or other applicable laws, all other rights of Byrnecut are reserved.
Your obligations, rights and liabilities in this section “Intellectual Property Rights” will remain in full force and effect notwithstanding that your access to the Byrnecut website is suspended or terminated.

GENERAL

The law applicable to the Byrnecut website and to disputes arising from or in connection with the Byrnecut website is the law of the State of Western Australia, Australia. You irrevocably submit to the exclusive jurisdiction of the courts of Western Australia.
If any provision of these Terms of Use is invalid under the law of any jurisdiction the provision is enforceable in that jurisdiction to the extent that it is not invalid, whether it is in severable terms or not.
You may not rely on the words or conduct of Byrnecut as a waiver of any right unless the waiver is in writing and signed by Byrnecut .

DEFINITIONS

The meanings of the terms used in these Terms of Use are set out below:
Content is defined in the first section of these Terms of Use.
Byrnecutourus or we means Byrnecut Australia Pty Ltd (ACN 129 142 516).
Intellectual Property means all intellectual property rights in any inventions, designs, trade marks, trade names, business and domain names, logos and get-up, confidential information, matter, materials or works accessible on or via the Byrnecut website and includes (but is not limited to) all rights in respect of any trade marks and copyright material.
Terms of Use means these website terms of use.
you or your means the person who accepts these Terms of Use, either personally or on behalf of an association or other legal entity and includes, if acceptance is on behalf of an association or other legal entity, the association or other legal entities’ officers, employees, members and agents.