Terms & Conditions

These are the legal terms and conditions that apply to your use of BeMyEyes's website, mobile device application, desktop application, and other services provided by BeMyEyes. BeMyEyes online is trading under ownership of Brilliant Works Pty Ltd ABN 45127615089. By using the Services, you agree to be bound by these Terms and Conditions, so please read them carefully. If you do not agree to these Terms and Conditions, you are not permitted to use the Services, and you should leave the Website immediately. If you continue to use the Website or order products, you will be deemed to have accepted these Terms and Conditions. When certain words and phrases are used in these Terms and Conditions, they have specific meanings, which are defined in the section where the term is used. BeMyEyes refers to BeMyEyes Online or its affiliates, while "you" refers to the person using the Services.

 

You're responsible for arranging access to the website and ensuring that anyone who accesses it through your internet connection is aware of these terms and conditions and follows them. Access to the Website is permitted on a temporary basis and it does not include any commercial use of the Website or its contents. You must not reproduce, copy and/or exploit the Website for any commercial purposes without our prior written consent.

We reserve the right to withdraw or amend the website without notice and restrict access to all or part of the website from time to time. We're not liable to you if the website is unavailable for any reason.

 

You must not use the website in any way that could interrupt, damage, or impair it. You're responsible for all electronic communications and content sent from your computer to us, and you must use the website for lawful purposes only. Breaching these provisions could be a criminal offense under the Computer Misuse Act 1990.

 

If you breach any of the terms and conditions or any third-party products and services' terms and conditions, you'll have to indemnify us against all costs, expenses, liabilities, damages, and losses (excluding indirect, incidental, or consequential loss), including any interest, fines, and legal or professional fees and expenses awarded against or incurred by us.

 

The website may contain third-party products and services, which may have additional terms and conditions that you should review. We're not responsible or liable for any third-party products and services. We reserve the right to suspend, withdraw, terminate, and/or amend your access to the website and services if you breach any third-party products and services' terms and conditions. The use of third-party products and services is entirely at your own risk, and we can't guarantee that all features of the website, services, or third-party products and services will work on any particular device.

 

Our liability to you in relation to the Services

If, in providing the Services to you, we fail to comply with these Terms and Conditions, we are responsible for loss or damage you suffer that is a foreseeable result of our breach of these Terms and Conditions or our negligence, but we are not responsible for any loss or damage that is not foreseeable. Loss or damage is foreseeable if it was an obvious consequence of our breach or if it was contemplated by you and us at the time you started using the Services.

We do not in any way exclude or limit our liability for: • (a) death or personal injury caused by our negligence; • (b) fraud or fraudulent misrepresentation; • (c) any other liability which cannot be limited by law.

The products

We attempt to be as accurate as possible in the description of the products displayed on the Website. However, as the descriptions are based on information provided to us by the Partners (who remain responsible for them), we cannot guarantee that all details are always accurate, complete or error free. Please contact our Customer Service Advisors if you would like more information about a product. The images of the products on the Website are for illustrative purposes only, and although we attempt to display colors accurately, we cannot guarantee that your computer's display of the images accurately reflect the true color of the products.

 

By clicking the "Place Order" button on the checkout page, you are making an offer to purchase the products, subject to our Terms and Conditions. The order is subject to availability and confirmation of the order price, which is in some cases are determined by the Partner. If an item is out of stock, we may, at our discretion, place an order for the same item with another Partner on your behalf and notify you via email.

 

To place an order, you must be at least 18 years old and have a valid method of payment. By placing an order, you confirm that all information provided is accurate and true, and that you are authorized to use your selected method of payment to place your order.

 

You have the opportunity to review and correct your order at each stage of the process to ensure that the information provided is accurate. Once your order is placed, you will receive an email confirming receipt of your order. However, the contract between you and the Partner will not be formed until we have checked that the Partner accepts your order. If your order is accepted, we will send you a confirmation email that includes a description of the products purchased and other relevant information.

 

while we make every effort to ensure accuracy in relates to the prices, availability, and taxes listed on the website, errors may occur. If we discover an error in the price of any product you have ordered, we will inform you as soon as possible and offer you the option to cancel or reconfirm your order at the correct price. If you cancel and have already paid, you will receive a full refund.

 

Product prices advertised on the Website located within Australia include GST. Delivery costs, which will vary depending on the products ordered and delivery address, are not included in the prices and will be charged in addition. Different taxation rules and additional charges may apply depending on your delivery address, and you may need to pay import duties if shipping outside of Australia territory. If import duties are not included, you will be responsible for their payment.