Terms & conditions
This Terms and conditions apply to you (“you”, “your” “website user”, “website visitor”, “buyer”), the user of the Smart Phone Apps (“App”, “Apps”) or associated websites and promotional materials from Brandesto (“us”, “we”, “our”, “seller”, “web-network” ) and its associated sites (including all sub-domains, the "Site", “Sites”). The Terms and conditions mentioned here apply to all the products, services, information available from us to you from/through these sites or apps. The Terms and conditions mentioned here also covers use of any mobile device application or smartphone application ("App", “Apps”) created or provided by us. Brandesto is a business venture by Web Network Pty Ltd, Sydney, Australia.
As used herein and throughout this Agreement:
• “Agreement” means the entire content of this Basic Terms and Conditions document, the Written Proposal document(s) (if any), Schedule(s) (if any), together with any other Supplements.
• “Content” means all materials, information, photography, writings and other creative content.
• “Copyrights” means the property rights in original works of authorship, expressed in a tangible medium of expression, as defined and enforceable under Australian and International Copyright Law.
• “Deliverables” means the services and work product specified in the Written Proposal (if any) to be delivered by Brandesto to you, in the form and media specified in the written Proposal (if any).
• “Trademarks” means trade names, words, symbols, designs, logos or other devices or designs used in the Final Deliverables.
• “Platform” means products, services, software apps, mobile apps or websites provided by us to you or your shops and businesses.
• “User” Any user of the platform. This could include general public, customers of Brandesto, Website visitors, App Users, etc.
• “Services” means all services and the work product to be provided to you by Brandesto as described and otherwise further defined in the Written Proposal (if any).
• “Services” and “Products” means all the services and products, either free or paid, which are available to you through Brandesto. These include, but not limited to the platform, Websites, Mobile Apps, Scripts, Snippets and Software applications provided by you to us.
• “Support Services” means all services provided to you through this site, Platform, App, phone, email or chat services for products, services, or information available from Brandesto.
• “Your Content” is any content that is created by you while using our products or services, and provided or submitted by you to us
• "Intellectual Property Rights" means all patents, registered and unregistered designs, copyright, trademarks, knowhow and all other forms of intellectual property wherever in the world enforceable;
• "Seller" means Brandesto
• "Buyer" means the organisation, entity or person who buys Goods from the Seller;
• "Goods" means the articles, products or services to be supplied to the Buyer by the Seller;
• "Sale" means the exchange of goods from the seller to the buyer. A sale can involve money, if agreed between buyer and seller.
• "List Price" means the list of prices of the Goods maintained by the Seller as amended from time to time;
• "Alert" means a message send by the platform to a user through means including but not limited to email, SMS in-app messaging, app alerts, displaying on websites or apps, etc.
1. Governing law and jurisdiction
Brandesto.com is the official website. We are not involved and do not endorse any spinoff names or sites that may exist other than the said official site.
This document defines the terms and conditions of our working relationship. Unless otherwise agreed to in writing by both the parties, the terms of this Agreement will commence on the date that you commence using our platform.
These Terms and Conditions shall apply to all contracts for the sale of Goods by the Seller to the Buyer to the exclusion of all other terms and conditions referred to, offered or relied on by the Buyer whether in negotiation or at any stage in the dealings between the parties, including any standard or printed terms tendered by the Buyer.
Any variation to these Terms and Conditions (including any special terms and conditions agreed between the parties) shall be inapplicable unless agreed in writing by the Seller.
Any typographical, clerical or other error or omission in any quotation, price list, and acknowledgement of order, invoice or other document issued by the Seller shall be subject to correction without any liability on the part of the Seller.
Any variation to these Terms and Conditions (including any special terms and conditions agreed between the parties) shall be inapplicable unless agreed in writing by the Seller.
3. General Terms
Persons under legal age in their country and those who are below 13 years of age are not to use this platform unless accompanied by a parent or guardian in which case it is the parent or guardian that agrees to these Terms and Conditions upon use of this platform
You authorize Brandesto to perform the services outlined in this agreement on your behalf, which may include, but is not limited to, purchasing products or services, accessing information, exchanging information through this platform and receiving newsletters and alerts.
3.3. Agreement Scope and Period
Services supplied, costs and rates are limited to what is specifically set forth in this agreement. Any additional services will require an additional agreement. We reserve the right to adjust our service and rates after this period.
3.4. Limitation of Liability
• The services and the work product of Brandesto are sold “as is.” In all circumstances, the maximum liability of its Designers, Directors, Officers, Employees, Design Agents and Affiliates (“Brandesto parties”), to you for damages for any and all causes whatsoever, and Your maximum remedy, regardless of the form of action, whether in contract, tort or otherwise, shall be limited to the net cost of the product or service purchased from Brandesto. In no event shall Brandesto be liable for any lost/distorted/misrepresented data or content, lost profits, business interruption or for any indirect, incidental, special, consequential, exemplary or punitive damages arising out of or relating to the materials or the services provided by Brandesto even if Brandesto has been advised of the possibility of such damages, and notwithstanding the failure of essential purpose of any limited remedy.
• In no event shall Brandesto’s liability to you exceed the amount actually paid to Brandesto by you during the preceding 12 months.
• You expressly understand and agree that Brandesto shall not be liable for any direct, indirect, incidental, special, consequential or exemplary damages, including but not limited to, damages for loss of profits, goodwill, use, data or other intangible losses (even if Brandestos has been advised of the possibility of such damages), resulting from: (i) the use or the inability to use the service; (ii) the cost of procurement of substitute goods and services resulting from any goods, data, information or services purchased or obtained or messages received or transactions entered into through or from the service; (iii) unauthorized access to or alteration of your transmissions or data; (iv) statements or conduct of any third party on the service; (v) or any other matter relating to the service.
Verbal, physical, written or other abuse (including threats of abuse or retribution) of any Brandesto customer, employee, member, or officer will result in immediate account termination.
3.6. Use of email addresses and Mobile numbers
We might use the email list as well as Mobile numbers list with us to send any system alerts and information (e.g.: (i) announce potential delays in email delivery at a future time, (ii) How to avoid mail going to their spam folder, etc.). But will not be used for any commercial purposes than those agreed to be provided to you for your business or personal purpose.
• Your use of the Service is at your sole risk. The service is provided on an “as is” and “as available” basis.
• You understand that Brandesto uses third party vendors and partners to provide the necessary hardware, software, networking, storage, and related technology required to run the Service.
• Brandesto does not warrant that (i) the service will meet your specific requirements, (ii) the service will be uninterrupted, timely, secure, or error-free, (iii) the results that may be obtained from the use of the service will be accurate or reliable, (iv) the quality of any products, services, information, or other material purchased or obtained by you through the service will meet your expectations, and (v) any errors in the Service will be corrected.
• Risk in the Goods shall pass to the Buyer at the moment the Goods are dispatched from the Seller`s premises or in the case of electronic services when goods are provided by the seller. Where the Buyer chooses to collect the Goods itself, risk will pass when the Goods are entrusted to it or set aside for its collection, whichever happens first.
• You are solely responsible for the risks, mistakes, mis-happening, errors, loss of property or money through the use of our platform, products or services. This includes but not limited to any loss or risk occurring due to the use of our platform, services or products:
o If any financial mistakes that occurs
o If a credit card transaction, booking, alert etc, does not work as expected.
o If a user misuses or causes an accident or anything bad happens through the use of the platform
o If QR codes do not work
o If alerts, messages, emails, SMS, etc. do not get delivered as expected
• We try to keep the User data as safe as we could within our systems. However, the risk is still vested in you.
Title in the Goods shall not pass to the Buyer until the Seller has been paid in full for the goods.
The risk in the Goods shall pass from the Seller to the Buyer upon delivery of such goods to the Buyer. However, notwithstanding delivery and the passing of risk in the Goods, title and property in the Goods, including full legal and beneficial ownership, shall not pass to the Buyer until the Seller has received in cash or cleared funds payment in full for all goods delivered to the Buyer under this and all other contracts between the Seller and the Buyer for which the full price of the goods there under has not been paid. Payment of the full price of the goods shall include the amount of any interest or other sum payable under the terms of this and all other contracts between the Seller and the Buyer under which the Goods were delivered.
• Subject to the terms of this clause Seller warrants to Buyer that:
o Hardware Products bought at a cost are free of defects in materials and workmanship that materially affect their performance for a period of one (1) year from the date Seller ships the Products to the Buyer ("Delivery Date").
o Software Products bought at a cost will perform substantially in accordance with the accompanying written materials , for a period of ninety (90) days from the Delivery Date
o Warranty is applicable only to products and services
which are explicitly mentioned to have warranty associated with such product or service
which are bought at a cost from Brandesto
• Seller agrees to repair or replace (at Seller's option) all Products which fail to conform to the relevant warranty provided that:
o notification of the defect is received by Seller within the warranty period specified above;
o allegedly defective Products are returned to Seller with Seller's prior authorisation within thirty (30) days of the defect becoming apparent; and
o The Products have not been altered, modified or subject to misuse, incorrect installation, maintenance, neglect, accident or damage by excessive current or used with incompatible parts.
o Replacement Products shall have the benefit of the applicable warranty for the remainder of the applicable warranty period.
• If the Seller complies with clauses above it will have no further liability for a breach of the relevant warranty set out in clauses above.
• Allegedly defective Products returned to Seller in accordance with clauses above will if found by Seller on examination not to be defective be returned to Buyer and a charge made for examination and testing.
• The warranty is not transferable and shall only apply to the original Buyer and shall not extend to any Subsequent Buyer or User.
• Where the Goods have been manufactured and supplied to the Seller by a third party, any warranty granted to the Seller in respect of the Goods shall be passed on to the Buyer.
• The Seller shall be entitled in its absolute discretion to refund the price of the defective Goods in the event that such price has already been paid.
• The remedies contained in this Clause are without prejudice to the other Terms and Conditions herein, including, but without limitation, Clauses below.
• The warranty shall not apply to any software if:
• the software is not used in accordance with these Conditions or the instructions of Seller or the manufacturer;
o the software is altered, modified or converted by Buyer or a third party;
o a program error in the Product results from a malfunction of a third party's or Buyer's equipment or software not supplied by Seller.
• No liability of any nature shall be accepted by the Seller to the Buyer in respect of any express term of this contract where such term relates in any way to:
o the correspondence of the Goods with any description;
o the quality of the Goods; or
o The fitness of the Goods for any purpose whatsoever.
• All implied terms, conditions or warranties as to the correspondence of the Goods to any description or the satisfactory quality of the Goods or the fitness of the Goods for any purpose whatsoever (whether made known to the Seller or not) are hereby excluded from the contract.
• You understand that the technical processing and transmission of the Service, including your Content, may be transferred unencrypted and involve (a) transmissions over various networks; and (b) changes to conform and adapt to technical requirements of connecting networks or devices.
3.11. Limitation of liability
• Where any court or arbitrator determines that any part of Clauses above is, for whatever reason, unenforceable, the Seller shall be liable for all loss or damage suffered by the Buyer but in an amount not exceeding the contract price.
• The Buyer acknowledges and agrees that the exclusions from and limitations of liability provided for in this document are reasonable in the circumstances and that if they had not been included the Sale Price would have been materially increased.
• Nothing contained in these Terms and Conditions shall be construed so as to limit or exclude the liability of the Seller for death or personal injury as a result of the Seller’s negligence or that of its employees, associates or agents.
• Without affecting our responsibilities to you under this acknowledgment and to the fullest extent permitted by law, you agree that you are solely responsible for
o Any product or process using or incorporating the goods;
o Testing the goods and determining their suitability for your application, product or process
• Goods are not manufactured or designed for use in life support or safety critical equipment where malfunction can result in personal injury or death. The Buyer’s use or sale of goods for such applications is at the Buyer’s risk. The Buyer agrees to defend and keep us indemnified from any resulting claim, loss, damage, award, and cost (not limited to reasonable legal fees).
You agree to defend, indemnify and hold harmless us, our employees, directors, officers, agents and our successors and assigns from and against any and all claims, liabilities, damages, losses, costs and expenses, including attorney's fees, caused by or arising out of claims based upon your actions or inactions, which may result in any loss or liability to us or any third party including but not limited to breach of any warranties, representations or undertakings or in relation to the non-fulfilment of any of your obligations under this User Agreement or arising out of your violation of any applicable laws, regulations including but not limited to Intellectual Property Rights, payment of statutory dues and taxes, claim of libel, defamation, violation of rights of privacy or publicity, loss of service by other subscribers and infringement of intellectual property or other rights. This clause shall survive the expiry or termination of this agreement.
• This User Agreement is effective unless and until terminated by either you or by us. You may terminate this User Agreement at any time, provided that you discontinue any further use of this Platform. We may terminate this User Agreement at any time and may do so immediately without notice, and accordingly deny you access to the Platform. Such termination will be without any liability to us. Upon any termination of the User Agreement by either you or by us, you must promptly destroy all materials downloaded or otherwise obtained from this Platform, as well as all copies of such materials, whether made under the User Agreement or otherwise. Our right to any Comments shall survive any termination of this User Agreement. Any such termination of the User Agreement shall not cancel your obligation to pay for the product already ordered from the Platform or affect any liability that may have arisen under the User Agreement.
• Either party may terminate this Agreement by giving 30 days written notice to the other of such termination. In the event that service is postponed or terminated at the request of You, Brandesto shall have the right to bill pro rata for work completed through to the date of that request, while reserving all rights under this Agreement.
• If additional payment is due, this shall be payable within fourteen days of your written notification to stop work. In the event of termination, you shall also pay any expenses incurred by Brandesto and Brandesto shall own all rights to the service /work. You shall assume responsibility for collection of all legal fees necessitated by default in payment.
3.14. Modification of Terms & Conditions of Service
Brandesto may at any time modify the Terms & Conditions of Use of the Platform without any prior notification to you. You can access the latest version of the User Agreement at any given time on Brandesto.com. You should regularly review the Terms & Conditions on Brandesto.com. In the event the modified Terms & Conditions is not acceptable to you, you should discontinue using the service. However, if you continue to use the service you shall be deemed to have agreed to accept and abide by the modified Terms & Conditions of Use of this Platform.
3.15. Entire Agreement
If any part of this agreement is determined to be invalid or unenforceable pursuant to applicable law including, but not limited to, the warranty disclaimers and liability limitations set forth above, then the invalid or unenforceable provision will be deemed to be superseded by a valid, enforceable provision that most closely matches the intent of the original provision and the remainder of the agreement shall continue in effect. Unless otherwise specified herein, this agreement constitutes the entire agreement between you and us with respect to our Platforms/services and it supersedes all prior or contemporaneous communications and proposals, whether electronic, oral or written, between you and us with respect to our products/services. Our failure to act with respect to a breach by you or others does not waive its right to act with respect to subsequent or similar breaches.
3.16. Force majeure
• Brandesto shall not be deemed in breach of this Agreement if Brandesto is unable to complete the Services or any portion thereof by reason of fire, earthquake, labor dispute, act of God, death, illness or incapacity of Brandesto or any local, state, federal, national or international law, governmental order or regulation or any other event beyond Brandesto’s control (collectively, “Force Majeure Event”). Upon occurrence of any Force Majeure Event, Brandesto shall give notice to you of its inability to perform or of delay in completing the Services and shall propose revisions to the schedule for completion of the Services.
• The Seller shall not be liable for any delay or failure to perform any of its obligations if the delay or failure results from events or circumstances outside its reasonable control, including but not limited to acts of God, strikes, lock outs, accidents, war, fire, breakdown of plant or machinery or shortage or unavailability of raw materials from a natural source of supply, and the Seller shall be entitled to a reasonable extension of its obligations. If the delay persists for such time as the Seller considers unreasonable, it may, without liability on its part, terminate the contract.
3.17. Relationship of parties
Nothing contained in these Terms and Conditions shall be construed as establishing or implying any partnership or joint venture between the parties and nothing in these Terms and Conditions shall be deemed to construe either of the parties as the agent of the other.
3.18. Assignment and sub-contracting
• Brandesto reserves the right to assign subcontractors or external suppliers. Any subcontractors or external suppliers will be bound to the terms of this agreement.
• The contract between the Buyer and Seller for the sale of Goods shall not be assigned or transferred, nor the performance of any obligation sub-contracted, in either case by the Buyer, without the prior written consent of the Seller.
The failure by either party to enforce at any time or for any period any one or more of the Terms and Conditions herein shall not be a waiver of them or of the right at any time subsequently to enforce all Terms and Conditions of this Agreement.
If any term or provision of these Terms and Conditions is held invalid, illegal or unenforceable for any reason by any court of competent jurisdiction such provision shall be severed and the remainder of the provisions hereof shall continue in full force and effect as if these Terms and Conditions had been agreed with the invalid, illegal or unenforceable provision eliminated.
• If you are a business or shop, we may use the your data, orders and statistics for our internal business use
• All shop's and their customers' data is stored on our server securely and may be transferred with businesses closely connected with us within the limits allowed through this contract, after informing the parties involved.
• Statistics we provide to you are for information purposes only and must not be used as a source for your income/revenue legal and tax planning and documentations
• We reserve the right to not allow certain users our services and products, if it violates any law, or our agreements with suppliers, or our arrangement with some third parties. We might not inform you when such a ban occurs.
Brandesto is provided as a platform, a group of technologies that are used as a base upon which other applications, processes or technologies are developed. This includes websites, mobile apps, software scripts, software applications, code snippets, Software as a service, etc.
This disclaimer governs your use of our platform; by using our website or platform, you accept this disclaimer in full. If you disagree with any part of this disclaimer, you must not use our platform, apps or Websites.
• It is not necessary to register with us in order to use some parts of Our platform. However, particular areas of Our platform will be accessible only if you have registered.
• If you provide any information that is untrue, inaccurate, incomplete, or not current or if Brandesto has reasonable grounds to suspect that such information is untrue, inaccurate, not current or not in accordance with the User Agreement, Brandesto has the right to indefinitely suspend or terminate your membership and refuse to provide you with access to platform, apps or this Site.
• You may not use Apps or this Site for any of the following purposes: e.g.: harassing, abusive, threatening, harmful, vulgar, etc.
• We do not endorse or allow cash in hand or any other forms of payment other than the online payment, Direct Debit, EFT and Checks available via Brandesto websites and apps
• There may be delays in communication with Brandesto
• You may not harass, abuse or threaten the site nor post any harmful or vulgar content
4.2. Use of website
• You are permitted to use the Platform for your own purposes and to print and download material from the platform provided that you do not modify any content without our consent. Material on the platform must not be republished online or offline without our permission.
• The copyright and other intellectual property rights in all material on the platform are owned by us or our licensors and must not be reproduced without our prior consent.
• Subject to the above, no part of Our platform, Apps or Websites may be reproduced without our prior written permission.
• We may communicate with you by email, phone, fax or through our online forums or forms. 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.
4.3. Visitor conduct
• When using the platform you shall not post or send to or from the Platform any material for which you have not obtained all necessary consents, is discriminatory, obscene, pornographic, defamatory, liable to incite racial hatred, in breach of confidentiality or privacy, which may cause annoyance or inconvenience to others, which encourages or constitutes conduct that would be deemed a criminal offence, give rise to a civil liability, or otherwise is contrary to the law in Australia
• All reasonable measures are taken by us to ensure that the Platform is operational all day, every day. However, occasionally technical issues may result in some downtime and accordingly we will not be liable if the Platform is unavailable at any time.
• Where possible we always try to give advance warning of maintenance issues that may result in the Platform down time but we shall not be obliged to provide such notice.
4.5. Visitor provided material
• When using our platform you shall not post or send to or from this Website any material:
o for which you have not obtained all necessary consents;
o that is discriminatory, obscene, pornographic, defamatory, liable to incite racial hatred, in breach of confidentiality or privacy, which may cause annoyance or inconvenience to others, which encourages or constitutes conduct that would be deemed a criminal offence, give rise to a civil liability, or otherwise is contrary to the law in Australia;
o which is harmful in nature including, and without limitation, computer viruses, Trojan horses, corrupted data, or other potentially harmful software or data.
• We will fully co-operate with any law enforcement authorities or court order requiring us to disclose the identity or other details of any person posting material to our platform.
4.6. Links to and from other websites and apps
• Throughout the Platform you may find links to third party websites. The provision of a link to such a website does not mean that we endorse that Apps or website. If you visit any website via a link on the Platform you do so at your own risk.
• Any party wishing to link to the Platform is entitled to do so provided that the conditions below are observed:
o You do not seek to imply that we are endorsing the services or products of another party unless this has been agreed with us in writing;
o You do not misrepresent your relationship with the Platform or Brandesto; and
o The website or app from which you link to the platform does not contain offensive or otherwise controversial content or, content that infringes any intellectual property rights or other rights of a third party.
• By linking to the platform you shall indemnify us for any loss or damage suffered as a result of such linking.
• Whilst we do take all reasonable steps to make sure that the information on this website or the platform is up to date and accurate at all times, we do not guarantee that all material is accurate and, or up to date.
• All material contained on this Website is provided without any warranty of any kind. You use the material on this Website at your own discretion.
4.8. Intellectual property rights
• Unless otherwise stated, we or our licensors own the intellectual property rights in the website, Apps, and material on the platform/website/App. Subject to the license below, all these intellectual property rights are reserved.
• You authorize the Company to use, reuse, and to grant others the right to use and reuse, your Content, and any reproduction or simulation thereof, in any form of media or technology now known or hereafter developed, both during and after your use of the Services, for any purposes related to the Service.
• You must not modify, adapt or hack the Service or modify another website/app so as to falsely imply that it is associated with the Service, or any other Brandesto service.
• You agree not to reproduce, duplicate, copy, sell, resell or exploit any portion of the Service, use of the Service, or access to the Service without the express written permission by us.
4.9. Service Limitations:
• Though we take reasonable care in continuous availability of our apps and sites, there could be glitches or non-availability of services through our platform, sites and apps.
• Please do not depend on our sites or apps for the delivery for any lifesaving or medical support or calamity or legal usages.
4.10. License to use website
You may view or download for caching purposes only, and print page, images, videos or other content from the platform, website or Apps for your own personal use, subject to the restrictions below.
You must not:
• Republish material from the platform (including republication on another website);
• Sell, rent or otherwise sub-license material from the platform;
• Show any material from the platform in public;
• Reproduce, duplicate, copy or otherwise exploit material on our platform , Apps or website for a commercial purpose;
• Edit or otherwise modify any material on the website; or
• Redistribute material from the platform [except for content specifically and expressly made available for redistribution (such as our newsletter)
4.11. Objectionable Material
• You understand that by using the platform or any services provided on or through the platform, you may encounter Content that may be deemed by some to be offensive, indecent, inappropriate or objectionable. You agree to use platform and any service at your sole risk and that to the fullest extent permitted under applicable law, Brandesto and its affiliates shall have no liability to you for Content that may be deemed offensive, indecent, inappropriate or objectionable to you.
• We may, but have no obligation to, remove Content and Accounts containing Content that we determine in our sole discretion as unlawful, offensive, threatening, libellous, defamatory, pornographic, obscene or otherwise objectionable or violates any party’s intellectual property or these Terms of Service.
• You must not upload, post, host, or transmit unsolicited email, SMSs, or “spam” messages.
• You must not transmit any worms or viruses or any code of a destructive nature.
• You must not publish or use our platform for exercising legal rights, or anything related to Legal or court actions
4.12. EXCLUSION OF LIABILITY
• We do not accept liability for any loss or damage that you suffer as a result of using the platform.
• We take all reasonable steps to ensure that the information on the platform is correct. However, we do not guarantee the correctness or completeness of material on the platform. Neither we nor any other party (whether or not involved in producing, maintaining or delivering this Website), shall be liable or responsible for any kind of loss or damage that may result to you or a third party as a result of your or their use of our platform. This exclusion shall include servicing or repair costs and, without limitation, any other direct, indirect or consequential loss.
• The failure of Brandesto to exercise or enforce any right or provision of the Terms of Service shall not constitute a waiver of such right or provision. The Terms of Service constitutes the entire agreement between you and Brandestos and govern your use of the Service, superseding any prior agreements between you and Brandesto (including, but not limited to, any prior versions of the Terms of Service).
4.13. You may not use the Site for any of the following purposes:
• Disseminating any unlawful, harassing, libellous, abusive, threatening, harmful, vulgar, obscene, or otherwise objectionable material.
• Transmitting material that encourages conduct that constitutes a criminal offence, results in civil liability or otherwise breaches any relevant laws, regulations or code of practice.
• Gaining unauthorized access to other computer systems.
• Interfering with any other person's use or enjoyment of the platform.
• Breaching any applicable laws;
• Interfering or disrupting networks or web sites connected to the platform.
• Making, transmitting or storing electronic copies of materials protected by copyright without the permission of the owner.
4.14. Platform Security
You are prohibited from violating or attempting to violate the security of the platform, including, without limitation,
a) accessing data not intended for you or logging onto a server or an account which you are not authorized to access;
b) attempting to probe, scan or test the vulnerability of a system or network or to breach security or authentication measures without proper authorization;
c) attempting to interfere with service to any other user, host or network, including, without limitation, via means of submitting a virus to the platform, overloading, "flooding," "spamming," "mail bombing" or "crashing;"
d) sending unsolicited email, including promotions and/or advertising of products or services; or
e) Forging any TCP/IP packet header or any part of the header information in any transmission, email or newsgroup posting.
Violations of system or network security may result in civil or criminal liability. We will investigate occurrences that may involve such violations and may involve, and cooperate with, law enforcement authorities in prosecuting users who are involved in such violations. You agree not to use any device, software or routine to interfere or attempt to interfere with the proper working of this platform or any activity being conducted on this platform. You agree, further, not to use or attempt to use any engine, software, tool, agent or other device or mechanism (including without limitation browsers, spiders, robots, avatars or intelligent agents) to navigate or search this platform other than the search engine and search agents available from Brandesto on the platform and Site and other than generally available third party web browsers (e.g., Netscape Navigator, Microsoft Explorer).
4.15. Use of the platforms
• Sometimes apps and other products we provide may not install on certain devices
• Sometimes you cannot access control panel, or access this site or the services we provide
• Though we take reasonable steps to make sure that the products/services promoted through this platform by shops and businesses represent the details and price of such products correctly, it is possible that such products or services could be wrongly represented, incorrect information displayed, wrong price shown or might not be available at the time of viewing or ordering. It is your responsibility to clarify such information and take reasonable steps as not to affect the transactions you do through the platform provided by us.
• Non availability of service could be possible; you should take reasonable steps to make sure that you can confront such a situation without it affecting you adversely. It is your responsibility to take care of such situations.
• When you use the system, your contact details are captured by the system, and could be shared with the shops that you interact or make a purchase. if you do not wish this to happen, please do not use this system/platform.
•The platform might cause some issues with certain hardware, including but not limited to computers, browsers, phones and tablets. You should take reasonable care when using such hardware and when using, lending, providing or recommending such hardware platforms to users, yourself or to your contacts or third parties. It your responsibility to choose the right hardware and software platform that works and produces the desired results for you.
• It is your total responsibility of any repercussions, damages or loss caused when you share information from this platform through any means to your contacts or non-contacts through any media including but not limited to social media, email, SMS, bulletin boards, review sites.
5. Anti-Spam Policy
5.1. What is spam?
In the context of electronic messaging, "spam" means unsolicited bulk messages / unsolicited, bulk or indiscriminate messages, typically sent for a commercial purpose.
We have a zero-tolerance spam policy.
5.2. Spam filtering
Usually our messaging systems automatically scan all incoming email (and other) messages and filter out messages that appear to be spam.
We may also report incoming email as spam. This can result in IP addresses and domain names being blacklisted.
5.3. Spam filtering issues
No message filtering system is 100% accurate, and from time to time legitimate messages will be filtered out by our systems.
If you believe this has happened to a message you have sent, please advise the message recipient by another means.
You can reduce the risk of a message being caught by the spam filters by:
• sending the message in plain text (instead of, or in addition to, HTML);
• removing any message attachments;
• avoiding the terminology and text styling typically used by spammers; and
• Ensuring that your messages are scanned for malware before dispatch.
5.4. User spam
We may provide a facility that enables users to send [email messages / private messages] to others.
Users must not use this facility to send spam, whether or not for a commercial purpose.
5.5. Receipt of unwanted messages from us
In the unlikely event that you receive any message from us or sent using our systems that may be considered to be spam, please contact us with full details and the matter will be investigated.
5.6. Changes to this anti-spam policy
We may amend this anti-spam policy at any time by publishing a new version on this website.
5.7. Contact us
Should you have any questions about this anti-spam policy, please contact us using the details set out in our “Contact Us” page
6. Copyright Policy
6.1. Ownership of copyright
We own the copyright in:
• this website; and
• the material on this website (including, without limitation, the text, computer code, artwork, photographs, images, music, audio material, video material and audio-visual material on this website).
• Contents on Brandesto.com is protected by NSW, Australia copyright laws. The compilation (meaning the collection, arrangement, and assembly) of all Contents on this Site is the exclusive property of Brandesto and is also protected by Australian copyright laws.
6.2. Copyright license
We grant to you a worldwide, non-exclusive, royalty-free, revocable license to:
• View this website and the material on this website on a computer or mobile device via a web browser;
• Copy and store this website and the material on this website in your web browser cache memory; and
• Print pages from this website for your own use.
We do not grant you any other rights in relation to this website or the material on this website. In other words, all other rights are reserved.
For the avoidance of doubt, you must not adapt, edit, change, transform, publish, republish, distribute, redistribute, broadcast, rebroadcast, or show or play in public this website or the material on this website (in any form or media) without our prior written permission.
6.3. Data mining
The automated and/or systematic collection of data from this website is prohibited.
You may request permission to use the copyright materials on this website by writing to us through the “Contac Us” Page
6.5. Enforcement of copyright
We take the protection of our copyright very seriously.
If we discover that you have used our copyright materials in contravention of the license above, we may bring legal proceedings against you, seeking monetary damages and/or an injunction to stop you using those materials. You could also be ordered to pay legal costs.
If you become aware of any use of our copyright materials that contravenes or may contravene the license above, please report this to us through the “Contac Us” Page.
6.6. Infringing material
If you become aware of any material on our website that you believe infringes your or any other person's copyright, please report this to us through the “Contac Us” Page.
6.7. Intellectual property rights
All Intellectual Property Rights produced from or arising as a result of the performance of this Agreement shall, so far as not already vested, become the absolute property of the Seller, and the Buyer shall do all that is reasonably necessary to ensure that such rights vest in the Seller by the execution of appropriate instruments or the making of agreements with third parties.
7. Businesses and Shops
Brandesto provides products and services to be used by shops, online shops, media, distributors wholesalers, govt agencies, trade associations, chamber of commerce, manufacturing companies service-oriented companies and other businesses. You agree and understand that:
• Referring your customers to contact us directly for any related inquiries is not permitted
• We will follow court orders as and when necessary, without considering requests from you
If you represent a business or shop you agree that:
• It is your responsibility to ensure inappropriate content is not put into products that we provide
• It is your responsibility to double check for typos etc. of app content put into the platform, products or services provided by us
• It is your responsibility to ensure the correctness of the details of your business, its service, offers, products and activities are submitted to the platform. Also, you should ensure such details are up-to-date. It is your responsibility to check periodically to make sure the details are correct. If you find any discrepancies, make appropriate changes if possible. If you find any difficulty in correcting the details, please contact us immediately.
• If any product or service is unavailable, you need to make sure to make changes to those items to show such unavailability in the platform.
• It is your responsibility to deliver the goods/services to your customers, and not depend on products that we provide to do that for you.
• It is your responsibility to ensure that a payment has been received by the you prior to giving goods/service to your customers
• It is your responsibility to not disclose order ids and other secure data in products and services provided by us to unknown customers
• It is your responsibility to double check a customer's order id and name, etc. before giving goods/services purchased
• It is your responsibility to check stock and quantity of products on offer before promoting your products or services.
• Any information collected by us from you or your customers is kept by us. We reserve the right to provide you only partial information about such information collected.
• You must not spam information through the platform provided by us.
• Sending information that falsely entice customers is not permitted, all information provided or transmitted by you through the platform provided by us must be legitimate
• We are not responsible for any negative reviews done to you through the platform, products or services provided by us
• We are not responsible for any actions that your customers take against your shop on the basis of the platform provided by us
• We take no liability for any loss incurred to your shop as a consequence to any actions relating to the platform, products or services provided by us
• We might ban a business from using the platform, products or services provided by us. An investigation will be done. You have right to appeal. Our decision will be final. In such cases, all monies unspent on any subscription will be returned on a pro-rata basis. Banned business will be paid their monies in 45 days
• Training your staff is your responsibility
• Training materials could be wrong at times. You should take responsibility in training your staff correctly in such situations.
• Any changes to information presented to your customers, to your staff, or stored in the system about your shop, its details, products, or services is your responsibility. You should take reasonable care when adding, editing or deleting such information, either by you or by your staff members or any one you authorize to make such changes.
• There could be many financial advantages that we or you perceive through the platform, products or services provided by us. However, it is your responsibility to understand what is good for you and what financial benefits you get out of any good or services we provide to you.
•The Platform might cause some issues with certain hardware, including but not limited to computers, browsers, phones and tablets. You should take reasonable care when using, lending, providing or recommending such hardware platforms to users, yourself, your staff, to your customers, contacts, third parties or anyone. It your responsibility to choose the right hardware and software platform that works and produces the desired results for your business.
• It is your total responsibility of any repercussions, damages or loss caused when you or any one shares any information you present in this platform through any means to your contacts or non-contacts through any media including but not limited to social media, email, SMS, bulletin boards, review sites.
• Platform, apps, sites and other software provided by us might not work properly on certain phones and devices. This instrument is not our responsibility, though we take reasonable care. It is your responsibility to take care on what is provided to your customers.
• Our apps and servers may experience short downtimes without prior notice
• We reserve the right to suspend or cancel your account and Apps, sites and other software provided by us at any time without prior notice
• Rounding errors
o There could be rounding errors in transactions.
o It is your responsibility to find and inform us if it is unreasonable (e.g.: more than 5 cents in a financial transaction).
o If it is our mistake and we have collected the money, and has not passed the money to you, then we will try to reimburse it in a future transaction if the total rounding errors is less than $10.
• We reserve the right to use your company’s name, product names, locations, service names, and other searchable names and descriptions to run online promotions and pay per click campaigns to get customers on your behalf. Inform us if you do not wish this to happen.
• You authorize us to include items and information send to us through your registered email. You will be responsible for any information that is send to us through that mechanism.
• If a paid service is available from the platform, price is excluding all applicable taxes.
• If a free trial is available for a paid service of the platform, the money paid for a free trial is for setting up free trial and not contributing to the price of the product
• If money is not paid at end of a trial period, service will be discontinued
• If fee is not paid at the agreed time or interval, services connected with those will be discontinued
• You should not spam offers, messages or posts to your customers though the platform
• You are responsible for any bad name accredited to your use of the platform, products or services provided by us; and it should not be imposed on us
• Sometimes servers reboot and hence may not process information at precise times – we do not take responsibility for any damages caused to you due to this.
• We do not refund any fee or trial setup fee
• No profanity should be used in information you use with any product or service provided by us - your account will be terminated without notice.
• You should not send spam mails unrelated material, objectionable material or illegal material to your customers or anyone through the platforms, sites, tools or apps provided to you through us.
8. Products or services received through us
When you receive or purchase a product or service from us, through the platform or thorough one of our partners, you accept the following conditions or disclaimer in full. If you disagree with any part of this disclaimer, you must not use the Platform.
• Brandesto.com reserves the right to accept or reject your orders
• Ensure that your contact details including email address provided to us is correct before you confirm your order
• All responsibility for running your account online or in App is entirely yours.
• Though we take reasonable care to make sure all Services we provide work it is possible that some of the services might not work. You should not hold us responsible or take legal action against us when such unavailability of services happens, which includes but not limited to:
o it is possible that online or in-app purchasing might not work at all
o Sometimes our offer sending servers reboot and hence may not send offers, messages or alerts at precise times - they may be off by a few minutes or might not send at all
o Shop and alert information will remain unchanged, as part of the alert; even if the shop or alert information changes after an alert is published, the alert will show the original data
o Sometimes all offers may not appear in the platform
o It is not our fault if your customer’s order in the platform is not successful
o Sometimes alerts will not be received your customers when they are sent
o Sometimes QR code may not work at all
o Sometimes app may not boot correctly on user’s phones due to several technical issues
• Some products, tools or platforms that we provide you might collect contact and other details of your customer. The following apply:
o We will not collect such details without the knowledge of your customers
o Such details are collected primarily for rendering the services intended for such products
o We might use, at our discretion, such information and contact details to promote our products and services
o You might be provided with appropriate tools and functionalities to contact such customers through the platform.
o Any such features or tools would be provided at the sole desertion of Brandesto. Brandesto reserves the right to withdraw such tools or services at any time without prior warning or notice.
o However, we reserve the sole right to expose or not expose such details to you
o We might take reasonable precaution while such details to avoid accidental or international misuse of the data.
• We own all design and features of all products and apps (unless you specifically got us to create a separate/unique product for you, under a separate contract)
• Products supplied by us, even if bought, should not be used or promoted for any purposes other than those intended by us
• The source code is our proprietary property and should not be sold, leased to, or given away free/paid.
• You should not reverse engineer, assist or be part of reverse engineering any software supplied to you or to a third party.
• We reserve the right to update products provided by us as and when necessary
• We reserve the right to upgrade products provided by us. However, we do not give any guarantees to any businesses that the products provided by us will be upgraded, or when or in what order
• All improvements suggested by you for products provided by us will be our property
8.3. Conditions for use of Support Services
• Brandesto may suspend its support service at any time without notice.
• Brandesto or its executives are not responsible for any delay caused in attending to or replying to the queries though any means, not limited to via chat or email or phone.
• Any communication through chat or email or phone may be stored by Brandesto for Brandesto reference; customer would not have the right to access this information at a later date.
• During Support you may not put on any objectionable information i.e. unlawful, threatening, abusive, defamatory, obscene information.
• The Support Services should not be used by you for selling of any products or advising on business opportunity or any other form of solicitation.
• You may communicate with our online customer care executive only if you agree to the above terms and conditions.
9. Purchase of Product/Service
• Your control panel will be at Brandesto.com, or a domain address provided to you by Brandesto from time to time.
• It is your responsibility to provide us with the address to send the order. You must be careful in spelling
• It is your responsibility to provide up to date and correct information upon purchasing orders. If you provide any information that is untrue, inaccurate, incomplete, or not current, you may not receive your orders
• If the address your provide for your order is incorrect then it is not our responsibility for the delivery of your order
• Brandesto.com has the right to cancel your order (without notification) if we find the order is associated with any fraudulent affairs
• All forms of communication with Brandesto.com will be through emails or through online forms unless otherwise specified.
• The quality of the items are as described and may not reflect everyone's expectations
• These terms and conditions are subject to change without prior notice
• Price is excluding any applicable taxes
• Fee is yearly, unless otherwise agreed in writing
• Free trial:
o If a free trial is provided, the Money paid for free trial is for setting up free trial and not contributing to the price of the product
o If money not paid at end of trial, or at renewal period login to control panel will be unavailable and any data received to app will also be suspended
• If fee not paid on time service will be discontinued •
Any description given or applied to the Goods is given by way of identification only and the use of such description shall not constitute a sale by description. For the avoidance of doubt, the Buyer hereby affirms that it does not in any way rely on any description when entering into the contract.
Where a sample of the Goods is shown to and inspected by the Buyer, the parties hereto accept that such a sample is so shown and inspected for the sole purpose of enabling the Buyer to judge for itself the quality of the bulk, and not so as to constitute a sale by sample.
9.4. New Product Features
We constantly engage in Research and Development to provide new or better products for our customers. However, this does not mean that any feature upgrades we develop would automatically be applicable or applied or available to the platform, products or services received by you from us.
We reuse code technology and software of IT products and services supplied to our clients and customers. Hence the code or use of code would not be exclusive to any of our clients and customers.
• Brandesto provides certain products and services Free while certain other services and products attract a fee.
• Brandesto will clearly inform you if a product or service is associated with a fee
• It is your responsibility to provide up to date and correct information upon purchasing orders. If you provide any information that is untrue, inaccurate, incomplete, or not current, you may not receive your orders
• If the address your provide for your order is incorrect then it is not our responsibility for the non-delivery of your order
• Once an order has purchased, you cannot cancel the order nor can you get a refund
• It is not our responsibility to ensure the validity of your payment method (such as Credit Card). Any declined payments should be attended to by yourself
• You agree, understand and confirm that the credit card details provided by you for availing of services on Brandesto.com will be correct and accurate and you shall not use the credit card which is not lawfully owned by you, i.e. in a credit card transaction, you must use your own credit card
• Postage will be charged on each order. The postage fee is determined by the destination of the order (i.e. postage fee depends on the country and state of the destination)
• After an order has been completed you will be informed through a platform/site page or through email or Phone whether the order was successful or not
• It is not our responsibility to ensure the validity of your payment method (such as Credit Card). Any declined payments should be attended to yourself
• If you find that any purchased materials are damaged or disorderly, you may return it to us, with your own postage, and we will send you a new item within 21 days of receipt
• Our prices are subject to change with any prior notification
• All products sold are dispatched within 21 days - if you do not receive it in 30 business days please contact the courier company
• We do NOT offer refunds - purchase with care
9.7. Costs and Fees
Changes and additions outside of the scope of this document will be quoted and invoiced to you. You will be advised of all costs, changes and additions before commencement of the additional work. Expenses are subject to all applicable taxes.
9.8. Pricing Information
While Brandesto strives to provide accurate product and pricing information, pricing or typographical errors may occur. Brandesto cannot confirm the price of a product until after you order. In the event that a product is listed at an incorrect price or with incorrect information due to an error in pricing or product information, Brandesto shall have the right, at our sole discretion, to refuse or cancel any orders placed for that product, unless the product has already been dispatched. In the event that an item is incorrectly priced, Brandesto may, at its discretion, either contact you for instructions or cancel your order and notify you of such cancellation. Unless the product ordered by you has been dispatched, your offer will not be deemed accepted and Brandesto will have the right to modify the price of the product and contact you for further instructions using the contact details or email address provided by you during the time of registration, or cancel the order and notify you of such cancellation. In the event that Brandesto accepts your order the same shall be debited to your credit card account and duly notified to you either on site or by email that the payment has been processed. The payment may be processed prior to Brandesto dispatch of the product that you have ordered. If we have to cancel the order after we have processed the payment, the said amount will be reversed back to your credit card account.
9.9. Pricing based on factors
Brandesto provides many services free for you. However, there are certain services which incur a cost. Brandesto would inform you upfront before such services, tools or products are provided to you. We will not surprise you with a charge for services or products which you unknowingly used. Most services which attract a cost would need to be paid up front.
• There are a number of factors that we might consider to calculate the pricing of a product or service to you. This might include, but not limited to:
o Number of users
o Number of members or associates
o Number of branches you might have
o Hour per day it is used
• If these numbers or facts change, it is your responsibility to tell us within 7 working days.
• If you continue to use the service without informing us, it is a breach of this contract.
• When these numbers or factors change, we shall recalculate the price and renewal fee as applicable and you will be asked to pay the difference in 3 weeks if the price is higher.
• If you have a third party operating in your premises or branches and they use our products or services then you have to inform us in advance.
9.10. Renewal Fee
Certain products or services from us require periodic renewal fees.
• The renewal fee varies with products and services and is to be agreed to before the commencement of the service, failing which the renewal fee defaults to 110% per year of original purchase value
• The date of first use of the product or service by you or your customers or the date of installation by us (whichever is earlier) is taken as the date to calculate anniversary for payment of the renewal fee.
• If such fees are not paid to us, we reserve the right to terminate such serves or terminate the use of such products.
9.11. Credit Card Details
Brandesto provides many products and services which are free to the end user. This section applies to products/services we provide at a charge.
You agree, understand and confirm that the credit card details provided by you for availing of services on Brandesto will be correct and accurate and you shall not use the credit card which is not lawfully owned by you, i.e. in a credit card transaction, you must use your own credit card. You further agree and undertake to provide the correct and valid credit card details when making payment on Brandesto. Your credit card information never reaches Brandesto, we just get pass, hold or fail message from our payment gateways. The said information will not be utilised and shared by our payment gateways or Brandesto with any of the third parties unless required for fraud verifications or by law, regulation or court order. Brandesto will not be liable for any credit card fraud. The liability for use of a card fraudulently will be on you and the onus to 'prove otherwise' shall be exclusively on you.
9.12. Fraudulent /Declined Transactions
Brandesto reserves the right to recover the cost of goods, collection charges and lawyers’ fees from persons using the Platform fraudulently. Brandesto reserves the right to initiate legal proceedings against such entities or persons for fraudulent use of the Platform and any other unlawful acts or acts or omissions in breach of these terms and conditions.
We shall be under no liability whatsoever in respect of any loss or damage arising directly or indirectly out of the decline of authorization for any Transaction, on Account of the Cardholder having exceeded the pre-set limit mutually agreed by us with our acquiring bank from time to time.
9.13. You Agree and Confirm
• That Brandesto reserves the right to accept or reject your offer to purchase a product or Service
• That in the event that a non-delivery occurs on account of a mistake by you (i.e. wrong name or address or any other wrong information) any extra cost incurred by Brandesto for redelivery shall be claimed from you.
• That you will use the services provided by Brandesto, its affiliates and contracted companies, for lawful purposes only and comply with all applicable laws and regulations while using the Platform and transacting on the Platform.
• You will provide authentic and true information in all instances where such information is requested of you. Brandesto reserves the right to confirm and validate the information and other details provided by you at any point of time. If upon confirmation your details are found not to be true (wholly or partly), Brandesto has the right in its sole discretion to reject the registration and debar you from using the Services of Brandesto and / or other affiliated websites without prior intimation whatsoever.
• That you are accessing the services available from Brandesto and transacting at your sole risk and are using your best and prudent judgment before entering into any transaction through Brandesto
• That the address at which delivery of the product ordered by you is to be made will be correct and proper in all respects, and we might charge you for re delivery if wrong address was provided.
• That we use third party delivery services for delivery of products, and that we are not responsible if the product is not delivered to you due to mishandling or loss during transit.
• That before placing an order you will check the product description carefully. By placing an order for a product, you agree to be bound by the conditions of sale included in the item's description.
• We do NOT offer refunds - purchase with care
• In the event that Brandesto.com accepts your order the same shall be debited to your credit card account. The payment may be processed prior to Brandesto.com dispatch of the product that you have ordered. If we have to cancel the order after we have processed the payment, the said amount will be reversed back to your credit card account.
• There may be certain orders that we are unable to accept and must cancel. We reserve the right, at our sole discretion, to refuse or cancel any order for any reason.
• You agree, understand and confirm that the credit card details provided by you for availing of services from Brandesto will be correct and accurate and you shall not use the credit card which is not lawfully owned by you, i.e. in a credit card transaction, you must use your own credit card.
• We will charge you postage, handling and delivery charges as applicable (price depends on the country)
• Our prices are subject to change without any prior notification.
• Your credit card information is never stored by Brandesto; we just pass it on to a payment processor or processing company that we engage. The said information will not be utilised and shared by our payment gateways or Brandesto with any of the third parties unless required for fraud verifications or by law, regulation or court order. Brandesto will not be liable for any credit card fraud. The liability for use of a card fraudulently will be on you and the onus to 'prove otherwise' shall be exclusively on you
• The price shall be that in the Seller’s current List Price, or such other price as the parties may agree in writing. The price is exclusive of any applicable tax or any other applicable costs. Carriage shall be paid for by the Buyer.
• Payment of the price and any applicable tax and any other applicable costs shall be due before any Purchase Orders are accepted
• Where the Seller provides a credit account facility to the Buyer the price and any applicable tax and any other applicable costs shall be due within 30 days of the date of receipt of the invoice supplied by the Seller.
• The Seller shall be entitled to charge interest on overdue invoices from the date when payment becomes due from day to day until the date of payment at a rate of 18% per annum above the base rate of the Reserve Bank of Australia
• If payment of the price or any part thereof is not made by the due date, the Seller shall be entitled to:
o require payment in advance of delivery in relation to any Goods not previously delivered;
o refuse to make delivery of any undelivered Goods whether ordered under the contract or not and without incurring any liability whatever to the Buyer for non-delivery or any delay in delivery;
o Terminate the contract.
• We are not responsible nor should we held responsible for
o Non delivery of an alert, message, SMS, push notification, email
o Late delivery of alert, message, SMS, push notification, email
o Platform, App or site provided by us is not working
o QR code mechanism(s), provided with Platform, apps or sites, not working
o Wrong information is presented (due to system malfunction or any other reasons) to you or your customers or partners or associates or any one.
9.14. Cancellation by Brandesto
Please note that there may be certain orders and requests that we are unable to accept or process and must cancel. We reserve the right, at our sole discretion, to refuse or cancel any order for any reason. Some situations that may result in your order being cancelled include limitations on quantities available for purchase, inaccuracies or errors in product or pricing information, or problems identified by our credit and fraud avoidance department. We may also require additional verifications or information before accepting any order. We will contact you if all or any portion of your order is cancelled or if additional information is required to accept your order. If your order is not free and is cancelled after your credit card has been charged, the said amount will be reversed back in your Card Account.
9.15. Cancellation and postponement of orders
• Deliveries in respect of orders for goods may only be postponed with the written agreement of the Seller. If the Buyer cancels an order, The Seller will endeavour to find an alternative Buyer, but will be entitled to charge the Buyer for any losses suffered as a result of the cancellation. There shall be no requirement to prove such losses provided they do not exceed 25% of the value of any orders cancelled.
• The Seller shall be entitled, on the termination of this contract and without prejudice to any other claims against the Buyer:
o (1) To recover from the Buyer the cost of any goods acquired by the Seller for the Buyer.
o (2) To charge the Buyer by way of cancellation a sum not less than 25% of the invoice value of the goods ordered by the Buyer but not delivered by the Seller.
• Orders for goods manufactured or purchased in accordance with the Buyer's specifications may not be cancelled without the written authority of the Seller. The Buyer undertakes to indemnify the Seller for all costs and expenses resulting from a breach of this condition by the Buyer.
• The platform, smartphone Apps and websites are delivered as per the agreement between you and us. In case of delays, the buyer agrees not to charge any demurrages, fines, late fees or damages against us.
• Unless otherwise agreed in writing, delivery of any Goods shall take place at the address specified by the Buyer on the date specified by the Seller. The Buyer shall make all arrangements necessary to take delivery of the Goods whenever they are tendered for delivery.
• The date of delivery specified by the Seller is an estimate only. Time for delivery shall not be of the essence of the contract and no liability will attach to late or postponed deliveries due to conditions beyond the reasonable control of the Seller.
• Collection by the Buyer or delivery by the Seller or the carrier to the Buyer will be deemed to be receipt of the goods by the Buyer for the purpose of this agreement.
• Technical support is only available via email unless otherwise agreed.
• Our Service to you could be terminated if payments as agreed by you to us are not received on time.
• Only for Goods supplied ‘carriage paid’ by the Seller, the Buyer shall be entitled to replacement Goods where the Goods have been damaged during transportation. The Buyer must notify the Seller of the damage within 24 hours of delivery.
• Support is available only during office hours (9am to 5pm AEST), unless otherwise specified. Support at other times could be available but at a higher price per hour. Please request with us in advance if you need support during non-core office hours.
• If you desire to change theme, layout, colour, text, etc. of the products we provide you, we might charge extra for such service based on a case by case basis.
9.17. Product return policy
All products sold by Brandesto are either manufactured or developed or serviced by Brandesto or acquired from third party sources. We do not guarantee quality of any of these products. You have to make sure at the time of purchase that you already know the quality and purchase at own risk regarding quality of any products or services brought from Brandesto.
Products are shipped to customers address as provided to Brandesto. For shipping damage, customers should file claim to their carrier immediately. Any discrepancy, including wrong items or missing items, should be reported to Brandesto within 24 hours. All packages will be shipped in 21 business days. Because of the nature of the Internet, online ordering your purchase from Brandesto acknowledges that you have read and agree to these terms and conditions. All brands and product names mentioned are trademarks and/or registered trademarks of their respective holders.
9.18. Brandesto Return Merchandise Authorization (RMA) Policy
• Once orders are placed; no cancellation is allowed.
• Products may be returned for replacement only.
• Only Products which are faulty would be replaced.
• Any faulty product should be returned to Brandesto at your expense.
• All returned parts may be subject to quality, operation, and/or performance tests by Brandesto testing facility or by a third party authorized by Brandesto. Upon the explained test(s) results, non-defective generic items may be subject to a 15% restocking fee.
• Defective return does not include returns for incompatibility.
• Brandesto reserves the right to replace defective parts or to issue a refund if Brandesto sees more fit.
• All refunds will be of the original value or the current market price, whichever is less.
• There will be no refund for shipping under any circumstances.
• All returns require prior authorization and must be returned in the original packing with all accessories
9.19. What our Warranty Does Not Cover
Our warranty, if available, does not cover: installation or service of product; conditions resulting from consumer mishandling such as improper maintenance or misuse, abuse, accident, or alteration; all plastic surfaces and all other exposed parts that are scratched or damaged due to normal use; products which have had the serial number removed or made illegible; products rented to others.
9.20. Limits and Exclusions
There are no expressed or implied warranties except as listed above. Brandesto shall not be liable for special, incidental, consequential or punitive damages, including, without limitation, direct or indirect damages for personal injury, loss of goodwill, profits or revenue, loss of use from products or services from Brandesto or any associated equipment, cost of substitute equipment, downtime cost, loss of data, programs or business information, or any other losses, or claims of any party dealing with buyers from such damages, resulting from the use of or inability to use this product or arising from breach of warranty or contract, negligence, or any other legal theory. All expressed and implied warranties, including the warranties of merchantability and fitness for a particular purpose, are limited to the applicable warranty period set forth above.
9.21. Back-order Policy
If you order an out-of-stock product from us, we will email you when we expect that product to be available. You will be among the first to receive the item. Brandesto will not charge your credit card for back-ordered items until we ship your order. No additional shipping and handling charges will be added when your order ships. Products on back-order will be shipped using the shipping method you chose.