Welcome to www.brydgekeyboards.com.au and affiliated sites (the “Site”).
USE OF SITE
You agree to use the Site only for lawful and proper purposes, and that you are responsible for your use of and communications on the Site.
You agree not to post on or transmit through the Site any unlawful, infringing, threatening, harassing, defamatory, vulgar, obscene, profane, indecent, offensive, hateful or otherwise objectionable material of any kind, including any material that encourages criminal conduct or conduct that would give rise to civil liability, infringes others’ intellectual property rights or otherwise violates any applicable law. You agree not to use the Site in any manner that interferes with its normal operation or with any other user’s use and enjoyment of the Site.
You agree that we may terminate or suspend your access to all or part of the Site, terminate your account or cancel orders, without notice, for any conduct that we, in our sole discretion, believe is in breach of these Terms or any applicable law or is harmful to the interests of another user, Brydge or its officers, directors, employees, contractors, agents or related entities (“associates”).
INTELLECTUAL PROPERTY RIGHTS (INCLUDING COPYRIGHT)
In these Terms, “Content” means any material and/or information including text, video, graphics, images, logos, button icons and audio, data compilations, and software, found or published on the Site. Unless otherwise specified, all Content (and all related intellectual property rights) on the Site is the property of Brydge, (if applicable) our content suppliers or the relevant third party owners/licensors and is protected by intellectual property (including copyright) laws. The compilation of the Content is our exclusive property. Nothing contained in these Terms or on the Site confers any licence or right to use any trademark, trade dress or copyright of Brydge or any third party. Products and names mentioned on the Site may be trademarks of their respective owners, who may or may not be affiliated with, connected to or sponsored by Brydge. We grant you a revocable, limited, non-exclusive licence to access and use the Site solely by you for your own personal use. You must not reproduce, retransmit, assign, sub-licence, prepare derivative works, distribute, disseminate, sell, publish, broadcast or circulate any Content from the Site to a third party or use or display the Content on any other website without first obtaining the written consent of Brydge. Any unauthorised use terminates the licence granted by Brydge. Commercial use or publication of any Content is strictly prohibited without the written consent of Brydge.
Brydge is a registered trademark. iPad, MacBook and Apple are registered trademarks of Apple. Brydge and Apple are not affiliated companies. The Bluetooth word mark and logos are owned by Bluetooth SIG, Inc. Surface is a trademark of Microsoft Corporation.
All orders are subject to availability of stock. Brydge reserves the right to cancel or refuse to fulfil any order at anytime. We may not be able to make changes to orders once they have been placed. However, if notified by the customer of an error (by email) we will do our best to correct the order. Any shipping costs found on the Site or provided by us are only an estimate and subject to change without notice. Risk of loss and title for a processed order passes to you upon our delivery to the shipment carrier. We reserve the right to reject any claims for refund where we detect foul play (including under any “change of mind offer”).
INFORMATION ON THE SITE
We will always attempt to be as accurate as possible with our product descriptions and pricing and other Content. However, Brydge does not warrant that product descriptions, pricing or other Content on the Site is accurate, complete, reliable, current, or error-free. Prices of products and other Content is subject to variation without notice. In the event a product is listed at an incorrect price due to a data entry error (typographical error), Brydge will have the right to refuse or cancel any orders (whether payment has been received or not) placed for any product listed at an incorrect price. Comparison data and pricing is subject to change and users should consult original source data for real-time comparisons.
DISCLAIMER AND NO WARRANTIES
Whilst every effort is made to ensure all information is accurate at the time of inclusion, the Site and the Content is provided by Brydge “as is” and “as available”. Brydge and its affiliates make no representations, endorsements or warranties whatsoever of any kind (express or implied), in relation to the Site, the Content, the products (or their use) or services offered or sold on or through the Site. Except as expressly provided to the contrary in these Terms and to the maximum extent permitted by law, all terms, conditions, warranties, undertakings, inducements or representations whether express, implied, statutory or otherwise, relating in any way to the Site, the Content or the products or the services found on the Site, including implied warranties of merchantability, fitness for a particular purpose and non-infringement, are excluded. We do not represent that the Site or the Content is error-free or virus-free or that your access to the Site will be uninterrupted. We also make every effort to match the color of your Brydge to the color of the related same color iPad, however colors may vary from time to time so we are unable to guarantee precise color matching.
LIMITATION OF LIABILITY
To the maximum extent permitted by law, Brydge, its affiliates and employees will not be liable to any person for any damages or loss of any kind (whether in contract, tort (including negligence), statute, product liability or otherwise) arising (directly or indirectly) from your unlawful or improper use of the Site, the Content, the products (including use of the products) or services offered or found on the Site or by Brydge, or these Terms, including direct, indirect, special or consequential damages (including loss of business or loss of profits), even if you advise us of the possibility of damages. This limitation of liability is an essential component of the bargain between Brydge and the user. The products and information on the Site would not be provided without such limitations. Notwithstanding the foregoing, Brydge, its affiliates and their employees sole and maximum liability to you under all circumstances, and your sole remedy for any claim, will be limited, to the maximum extent permitted by law, (i) where you purchase a product, to an amount equal to the purchase price for the product or (ii) where you only access the Site, the amount paid by you for accessing the Site. You may have additional rights for any applicable non-excludable statutory warranties. No advice or information, whether oral or written, obtained by you from us, including through the Site, will create any warranty, representation or guarantee not expressly stated in these Terms. You and any third parties that you provide any information to from the Site accept all risk and responsibility for all liability, loss, damage and any other consequences howsoever caused (whether for negligence, breach of contract, under statute or otherwise) arising (directly or indirectly) from your use of the Site (including where you submit content), the Content, the products (including your use of a product) or services offered or found on the Site.
You agree to indemnify and hold Brydge, it affiliates and their employees and any third parties mentioned on the Site (“Indemnified Persons”) harmless from and against any and all claims, demands, damages, losses, costs or expenses (including reasonable solicitor fees) arising from, resulting from or relating to (directly or indirectly) your illegal or improper use of the Site (including any content submitted by you), the Content, the products (including your use of a product) or services offered or found on the Site or your breach of these Terms.
LINKS TO OTHER WEBSITES & THIRD PARTY CONTENT
The Site may contain links to websites operated by other persons. The links are provided solely for your convenience, and we are not responsible for the content, accuracy or opinions expressed in such websites, and such websites are not investigated, monitored or checked for accuracy or completeness by us. Inclusion of any linked website on our Site does not imply approval or endorsement of the linked website by us. If you decide to leave our Site and access these third-party sites, you do so at your own risk. The Site may also contain third-party material, such as product reviews and customer comments. Each third party is solely responsible for the material that they post on the Site and you should note that such material is solely the opinion of the third party. Brydge takes no responsibility, and assumes no liability, for any third-party material posted on the Website.
When you visit the Site or send e-mails to us, you are communicating with us electronically. You consent to receive communications from us electronically. We will communicate with you by e-mail or by posting notices on the Site. You agree that all agreements, notices, disclosures and other communications that we provide to you electronically satisfy any legal requirement that such communications be in writing.
These Terms will be treated as though they were executed and performed in Utah, USA, and will be governed by the law of Utah, USA and each party irrevocably submits to the exclusive jurisdiction of its courts. The language in these Terms will be interpreted as to its fair meaning and not strictly for or against either party. When used in these Terms, the term “including” will be deemed to be followed by the words “without limitation”. Part or all of any provision of these Terms that is illegal or unenforceable will be severed from these Terms and will not affect the continued operation of the remaining provisions of these Terms. To the extent that anything in or associated with the Site is in conflict or inconsistent with these Terms, these Terms will take precedence. Our failure to enforce any provision of these Terms will not be deemed a waiver of such provision nor of the right to enforce such provision. These Terms constitute the entire and only agreement between us and you, and supersedes all prior or contemporaneous agreements, representations, warranties and understandings with respect to the Site, the Content, products or services offered or found on the Site, and the subject matter of these Terms. You agree that regardless of any statute or law to the contrary, any claim of cause or action arising from or relating to use of the Site, the Content, the products or services offered or found on the Site or these Terms must be filed within one year after such claim or cause of action arose, or will be forever barred. The Terms are for the benefit of Brydge and its associates, and each of these individuals or entities will have the right to assert and enforce these provisions directly against you on its own behalf.