Terms & Conditions

WEBSITE TERMS AND CONDITIONS OF USE

• About the Website
  • Welcome to www.lysonau.com.au (Website). The Website provides you with an opportunity to browse and purchase various products that have been listed for sale through the Website (Products). The Website provides this service by way of granting you access to the content on the Website (Purchase Services).
  • The Website is operated by Lyson Beekeeping Supplies(ABN 56 448 815 158). Access to and use of the Website, or any of its associated Products or Services, is provided by Lyson Beekeeping Supplies. Please read these terms and conditions (Terms) carefully. By using, browsing and/or reading the Website, this signifies that you have read, understood and agree to be bound by the Terms. If you do not agree with the Terms, you must cease usage of the Website, or any of Services, immediately.
  • Lyson Beekeeping Supplies reserves the right to review and change any of the Terms by updating this page at its sole discretion. When Lyson Beekeeping Supplies updates the Terms, it will use reasonable endeavours to provide you with notice of updates to the Terms. Any changes to the Terms take immediate effect from the date of their publication. Before you continue, we recommend you keep a copy of the Terms for your records.
• Acceptance of the Terms
• Registration to use the Purchase Services
  • In order to access the Purchase Services, you must first register as a user of the Website. As part of the registration process, or as part of your continued use of the Purchase Services, you may be required to provide personal information about yourself (such as identification or contact details), including:
  • You warrant that any information you give to Lyson Beekeeping Supplies in the course of completing the registration process will always be accurate, correct and

You accept the Terms by remaining on the Website. You may also accept the Terms by clicking to accept or agree to the Terms where this option is made available to you by Lyson Beekeeping Supplies in the user interface.

(i)Email address

(ii)Mailing address

(iii)Telephone number

(iv)Business Name (if applicable)

up to date.

• Your obligations as a Member

(i)the Terms;

• any applicable law, regulation or generally accepted practices or guidelines in the relevant jurisdictions;
• you have the sole responsibility for protecting the confidentiality of your password and/or email address. Use of your password by any other person may result in the immediate cancellation of the Purchase Services;
• any use of your registration information by any other person, or third parties, is strictly prohibited. You agree to immediately notify Lyson Beekeeping Supplies of any unauthorised use of your password or email address or any breach of security of which you have become aware;
• access and use of the Website is limited, non-transferable and allows for the sole use of the Website by you for the purposes of Lyson Beekeeping Supplies providing the Purchase Services;
• you will not use the Purchase Services or Website for any illegal and/or unauthorised use which includes collecting email addresses of Members by electronic or other means for the purpose of sending unsolicited email or unauthorised framing of or linking to the Website;
• you agree that commercial advertisements, affiliate links, and other forms of solicitation may be removed from the Website without notice and may result in termination of the Purchase Services. Appropriate legal action will be taken by Lyson Beekeeping Supplies for any illegal or unauthorised use of the Website; and

(viii)you acknowledge and agree that any automated use of the Website or its

Purchase Services is prohibited.

• Purchase of Products and Returns Policy
  • In using the Purchase Services to purchase the Product through the Website, you will agree to the payment of the purchase price listed on the Website for the Product (Purchase Price).
  • Payment of the Purchase Price may be made through Lightspeed, PayPal and Direct Deposit (Payment Gateway Provider). In using the Purchase Services, you warrant that you have familiarised yourself with, and agree to be bound by, the applicable Terms and Conditions of Use, Privacy Policy and other relevant legal documentation provided by the Payment Gateway Providers.
  • Following payment of the Purchase Price being confirmed by Lyson Beekeeping Supplies, you will be issued with a receipt to confirm that the payment has been received and Lyson Beekeeping Supplies may record your purchase details for future use.
  • Lyson Beekeeping Supplies may, at their sole discretion, provide a refund on the return of the Products within 14 days where the Product packaging is unopened and remains in a saleable condition. You acknowledge and agree that you are liable for any postage and shipping costs associated with any refund pursuant to this clause.
• Delivery
  • You acknowledge that the Purchase Services offered by Lyson Beekeeping Supplies integrate delivery (Delivery Services) through the use of third party delivery companies (Delivery Service Providers).
  • In providing the Purchase Services, Lyson Beekeeping Supplies may provide you with a variety of delivery and insurance options offered as part of the Delivery Services by the Delivery Service Providers. You acknowledge and agree that Lyson Beekeeping Supplies is not the provider of these delivery and insurance options and merely facilitates your interaction with the Delivery Service Providers in respect to providing the Delivery Services.
  • In the event that an item is lost or damaged in the course of the Delivery Services, Lyson Beekeeping Supplies asks that you:
    • contact the Delivery Service Provider directly to request a refund or to claim on any insurance options available; and
    • contact us by sending an email to info@lysonau.com.au outlining in what way the Products were damaged in transit so we are able to determine if the Delivery Service Provider should be removed from the Purchase Services.

• Warranty
• Copyright and Intellectual Property
  • The Website, the Purchase Services and all of the related products of Lyson Beekeeping Supplies are subject to copyright. The material on the Website is protected by copyright under the laws of Australia and through international treaties. Unless otherwise indicated, all rights (including copyright) in the site content and compilation of the website (including text, graphics, logos, button

icons, video images, audio clips and software) (Content ) are owned or controlled for these purposes, and are reserved by Lyson Beekeeping Supplies or its contributors.

• Privacy
• General Disclaimer
  • You acknowledge that Lyson Beekeeping Supplies does not make any terms, guarantees, warranties, representations or conditions whatsoever regarding the Products other than provided for pursuant to these Terms.
  • Lyson Beekeeping Supplies will make every effort to ensure a Product is accurately depicted on the Website, however, you acknowledge that sizes, colours and packaging may differ from what is displayed on the Website.
  • Nothing in these Terms limits or excludes any guarantees, warranties, representations or conditions implied or imposed by law, including the Australian Consumer Law (or any liability under them) which by law may not be limited or excluded.
  • Subject to this clause, and to the extent permitted by law:

Lyson Beekeeping Supplies takes your privacy seriously and any information provided through your use of the Website and/or the Purchase Services are subject to Lyson Beekeeping Supplies's Privacy Policy, which is available on the Website.

• Use of the Website, the Purchase Services, and any of the products of Lyson Beekeeping Supplies (including the Delivery Services), is at your own risk. Everything on the Website, the Purchase Services, and the Products of Lyson Beekeeping Supplies, are provided to you on an "as is" and "as available" basis, without warranty or condition of any kind. None of the affiliates, directors, officers, employees, agents, contributors, third party content providers or licensors of Lyson Beekeeping Suppliesincluding any third party where the Delivery Services are made available to you) make any express or implied representation or warranty about its Content or any products or Purchase Services (including the products or Purchase Services of Lyson Beekeeping Supplies) referred to on the Website. This includes (but is not restricted to) loss or damage you might suffer as a result of any of the following:

• Limitation of Liability
• Termination of Contract
  • The Terms will continue to apply until terminated by either you or by Lyson Beekeeping Supplies as set out below.
  • If you want to terminate the Terms, you may do so by:
    • closing your accounts for all of the Purchase Services which you use, where Lyson Beekeeping Supplies has made this option available to you.
  • Your notice should be sent, in writing, to Lyson Beekeeping Supplies via the 'Contact Us' link on our homepage.
  • Lyson Beekeeping Supplies may at any time, terminate the Terms with you if:
    • you have breached any provision of the Terms or intend to breach any provision;

(i)notifying Lyson Beekeeping Supplies at any time; and

(ii)Lyson Beekeeping Supplies is required to do so by law;

• Indemnity
• Dispute Resolution

(iii)any breach of the Terms.

14.1. Compulsory

If a dispute arises out of or relates to the Terms, either party may not commence any Tribunal or Court proceedings in relation to the dispute, unless the following clauses have been complied with (except where urgent interlocutory relief is sought).

14.2. Notice

A party to the Terms claiming a dispute (Dispute) has arisen under the Terms, must give written notice to the other party detailing the nature of the dispute, the desired outcome and the action required to settle the Dispute.

14.3. Resolution

On receipt of that notice (Notice) by that other party, the parties to the Terms (Parties) must:

• Within 28 days of the Notice endeavour in good faith to resolve the Dispute expeditiously by negotiation or such other means upon which they may mutually agree;
• If for any reason whatsoever, 28 days after the date of the Notice, the Dispute has not been resolved, the Parties must either agree upon selection of a mediator or request that an appropriate mediator be appointed by the President of the 'Australian Mediation Association' or the 'Conflict Resolution Service' or his or her nominee;
• The Parties are equally liable for the fees and reasonable expenses of a mediator and the cost of the venue of the mediation and without limiting the foregoing undertake to pay any amounts requested by the mediator as a pre-condition to the mediation commencing. The Parties must each pay their own costs associated with the mediation;
• The mediation will be held in Sydney, Australia.

14.4. Confidential

All communications concerning negotiations made by the Parties arising out of and in connection with this dispute resolution clause are confidential and to the extent possible, must be treated as "without prejudice" negotiations for the purpose of applicable laws of evidence.

14.5. Termination of Mediation

If 2 months have elapsed after the start of a mediation of the Dispute and the Dispute has not been resolved, either Party may ask the mediator to terminate the mediation and the mediator must do so.