Term of Use of Bright Star Kids Australia

OVERVIEW OF OUR TERMS OF USE... FOR BUSY PEOPLE

The main points that you need to approve before you buy from Bright Star Kids are:

1. Personalisation Details: Any entity which places an order with Bright Star Kids (“you”) must ensure that any personalisation details are 100% correct BEFORE you place your order. Any mistakes that you make when entering your order, which need to be reprinted will be charged in full to your account.
2. Correct Delivery Address: You must ensure that your address is 100% correct BEFORE placing your order. If an incorrect address is entered, which results in your order getting delayed or lost in the mailing system, Bright Star Kids cannot be held liable. If a reprint is required you will need to pay in full, including any additional postage fees.
3. Collection of Mail: Where an item cannot fit into your letterbox, the delivery person will bring it back to the local post office or mail centre and should leave a postal slip to notify you. Items cannot be delivered to a different address. If you have placed an order for larger items, such as School Bags or Wall Art, and you weren't home when the courier tried to deliver it, then you should find a calling card in your letterbox, which will let you know where you can collect it from. If you requested to have your order left at your home without a signature being required (sometimes known as Safe Drop), unfortunately, we can not guarantee the delivery of your order as you've specified that it was safe to leave unattended. You will need to pick up items from your local post office within 2 weeks of delivery, otherwise your order may be returned to Bright Star Kids. In this event Bright Star Kids can resend the item, however additional postage fees will be charged for this.
4. Lost Mail: If you haven't received your order within our normal delivery time frame you will need to lodge an enquiry for lost or delayed mail within a month of ordering. Simply fill out our Contact Us form with your order details so we can track it for you. Lost mail complaints where the time frame is outside of 1 month from ordering will not be accepted.

DETAILED TERMS OF USE

Welcome to Bright Star Kids website (the "Site"). Bright Star Kids Group Pty Ltd provides services to you subject to the notices, terms, and conditions set forth in this agreement (the "Agreement").

These terms of use ("Terms") help to keep the website of Bright Star Kids Group Pty Ltd www.brightstarkids.com.au a safe place to trade and set out the full extent of any agreement reached between you and Bright Star Kids Group Pty Ltd. You should understand that by placing an order or using this website, you accept the following terms of use:

General

1. The owner of this website is Bright Star Kids Group Pty Ltd whose ABN is: 17 650 260 941
2. Your contract for purchases made through the Web site is with Bright Star Kids Group Pty Ltd
3. You must be at least eighteen years old to purchase from this Web site. If you are under eighteen, you may only purchase from the Site in conjunction with, and under the supervision of, a parent or guardian.
4. You agree that e-mail can be used as communication and for official service of any notice or demand by Bright Star Kids on or to you.
5. No contract for the sale of any product will subsist between you and Bright Star Kids Group Pty Ltd unless and until Bright Star Kids Group Pty Ltd accepts your order by way of an e-mail confirming that it has received payment in full for all the goods you have ordered. That acceptance will be deemed complete and will be deemed for all purposes to have been effectively communicated to you at the time www.brightstarkids.com.au sends the e-mail to you (whether or not you receive that e-mail). This confirmation e-mail amounts to an acceptance by Bright Star Kids. Ltd. Of your offer to buy goods from www.brightstarkids.com.au.
6. This confirmatory e-mail will contain all relevant statutory information concerning your contract.
7. You must check that the details on this confirmatory e-mail are correct as soon as possible, advise us of any errors within 24 hours of receipt of the confirmatory e-mail and you should print out and keep a copy of it.
8. Bright Star Kids will not pass on your personal or credit or debit card details to any third party. We shall be entitled to process your data in accordance with the terms of our Privacy Policy.
9. You undertake that all details you provide to Bright Star Kids Group Pty Ltd for the purpose of ordering or purchasing goods or services are correct, that the credit or debit card you are using is your own and that there are sufficient funds to cover the cost of the goods or services ordered.
10. If there are any changes to the details supplied by you it is your responsibility to inform Bright Star Kids Group Pty Ltd as soon as possible.
11. Notwithstanding any other clause to the contrary, Bright Star Kids reserves the right to cancel any order up to the point of delivery.
12. All purchases are non-exchangeable, non-refundable and non-transferable unless otherwise stated.
13. Bright Star Kids reserves the right to refuse to print or produce anything that is inappropriate or is a breach of copyright.

Reviews and Comments

1. Except as otherwise provided elsewhere in this Agreement or on the Site, anything that you submit or post to the Site and/or provide us, including without limitation, ideas, know-how, techniques, questions, reviews, comments, and suggestions (collectively, "Submissions") is and will be treated as nonconfidential and nonproprietary, and we shall have the royalty-free, worldwide, perpetual, irrevocable and transferable right to use, copy, distribute, display, publish, perform, sell, lease, transmit, adapt, create derivative works from such Submissions by any means and in any form, and to translate, modify, reverse-engineer, disassemble, or decompile such Submissions.
2. All Submissions shall automatically become our sole and exclusive property and shall not be returned to you. In addition to the rights applicable to any Submission, when you post comments or reviews to the Site, you also grant us the right to use the name that you submit with any review, comment, or other photos or videos (“Content”), if any, in connection with such review, comment, or other content.
3. You represent and warrant that you own or otherwise control all of the rights to the reviews, comments and other Content that you post on this Site and that use of your reviews, comments, or other Content by us will not infringe upon or violate the rights of any third party.
4. You shall not use a false e-mail address, pretend to be someone other than yourself or otherwise mislead us or third parties as to the origin of any Submissions or Content.
5. Bright Star Kids may at our sole discretion, but shall not be obligated to, remove or edit any Submissions (including comments or reviews) for any reason.
6. Bright Star Kids reserves the right to limit the number of reviews from individuals.

Family Club Rewards Program

1. Bright Star Kids Family Club rewards program is open to individuals who are 18 years or older with a unique email address.
2. An individual becomes a member as at the date they have complied with all requirements to join and this has been approved by Bright Star Kids Group Pty Ltd.
3. By choosing to join Bright Star Kids Family Club rewards program, you agree to receive communications from Bright Star Kids. Full details of the Bright Star Kids Family Club rewards program are available here. By participating in the program you have agreed to these terms and conditions.
4. One account per person. Points cannot be transferred between accounts.
5. Reward points need to be redeemed as a voucher and are single use only. Only 1 voucher and promotional code can be used in any transaction.
6. Bright Star Kids Family Club rewards program reserve the right to cancel, terminate, modify or suspend the rewards program or any aspect of it or at its election, to payout any rewards, reset spend balances, at any time and without notice.
7. Rewards cannot be sold, transferred or assigned and are not redeemable for cash or similar, including (but not limited to) gift vouchers, gift cards, cheques and credit notes. Rewards do not represent legal tender in any country.
8. Rewards cannot be earned using other rewards as part of the transaction.
9. When a member returns a purchase for a refund in-store or via post, reward points earned for this transaction will be deducted from the member's balance.
10. Members will receive daily and monthly reward point notifications, where recent activity has taken place.

Processing of orders

1. All prices include sales taxes (where applicable) unless otherwise stated. Free postage is offered for qualifying orders. See the Delivery FAQ's page for more information. Express postage and international postal charges apply.
2. Every purchase you make shall be deemed performed in Australia. Australian law shall govern every aspect of contractual agreement concerning purchases made from the Site.
3. Bright Star Kids Group Pty Ltd aims to dispatch all items within the specified time frame that is listed on the Shipping page, which will vary from time to time.
4. Your information is held either in paper-based records or in electronic form in our secure databases. We take precautions to ensure that the information is secure. All credit card details are processed immediately once you place your order and are encrypted using the latest GeoTrust SSL technology.
5. Valid discount codes must be entered at the time of checkout. Bright Star Kids may add reward points to the value of the discount to a customer’s account in place of a missed discount code, which will be at the discretion of the business.

Delivery/Title/Risk

1. The period stated within which you will receive your order is approximate. Goods will be sent to the address given by you in your order and stated in the Order Confirmation. Please note that your goods may be sent to you in installments.
2. We shall have no liability for any loss or damage (including indirect or consequential loss or damage) caused which may be suffered or incurred or which may arise directly or indirectly in respect of the use of the Bright Star Kids products, service or the Bright Star Kids Website except to the extent that such liability cannot be excluded by law.
3. Title to any product ordered will pass to you once Bright Star Kids Group Pty Ltd has received payment in full for that product.
4. We shall have no liability to you for any delay in the delivery of products ordered or any other matters to the extent that the delay is due to any event outside our reasonable control, including but not limited to acts of God, war, flood, fire, labor disputes, strikes, lock-outs, civil commotion, malicious damage, explosion, governmental actions and any other similar events.
5. If your delivery address is outside of Australia, you may be subject to import duties and taxes, which are levied once a shipment reaches your country. Any such additional charges for customs clearance must be borne by you. You should note that customs policies vary widely from country to country; Bright Star Kids Group Pty Ltd advises each customer to contact their local customs office for further information.
6. Please note that when shipping products internationally, you should be aware that cross-border shipment is subject to opening and inspection by customs authorities.
7. You acknowledge that incorrect assembly, misuse or any modifications or additions of and to any products may lead to an unsafe product that may cause serious harm to anyone or anything who uses the product and may cause permanent damage to the product you purchased, you acknowledge that:
   1. incorrect assembly, misuse or modifications or additions of and to any product you have purchased will void any warranty in relation to such product and;
   2. that you will not make any claims against Bright Star Kids Group Pty Ltd and further will keep Bright Star Kids Group Pty Ltd indemnified against any loss, damage or costs arising from or in connection to any personal injury or death of any person or thing or the loss or damage to the product due to any incorrect assembly, misuse or modifications or additions of and to such product.

Miscellaneous

1. We shall have no liability (including liability for negligence) for the acts or omissions of telecommunications service providers or for failures of, or faults in their networks and equipment.
2. No waiver by us of any breach of these Terms shall be considered as a waiver of any subsequent breach of the same or any other provision.
3. You may not permit, create unauthorized framing of, or deep linking to, the Site or the creation of derivative works thereof from any other Web site under your management or control.
4. In these Terms, “Intellectual Property Rights” means copyright, design rights (whether registered or unregistered), trademarks (whether registered or unregistered) and other similar rights, together with the right to apply for the protection of any such rights. We shall own all Intellectual Property Rights in the Site absolutely.
5. Subject to the license granted to you to use the Site, Bright Star Kids Group Pty Ltd reserves all rights, title and interest in its Intellectual Property Rights in the Site. Any goodwill accruing from use of Bright Star Kids Group Pty Ltd and its affiliates' trademarks, trade and business names and service marks under this Agreement will vest in Bright Star Kids Group Pty Ltd and its affiliates, as appropriate.
6. It is a crime to use a false name or a known invalid credit card to order. Anyone caught willfully entering an erroneous or fictitious order will be prosecuted to the fullest extent of the law. Bright Star Kids Group Pty Ltd tracks the electronic 'fingerprints' of every order placed on www.brightstarkids.com.au to enable us and all legitimate crime prevention and prosecution authorities to trace individual users engaging in criminal activities on our Web site.
7. We reserve the right to terminate this Agreement and to suspend or terminate your access to the Site immediately and without notice to you if: -
   ?    You fail to make any payment to us when due;
   ?    You breach the terms of this Agreement (repeatedly or otherwise);
   ?    When requested by us to do so, you fail to provide us within a reasonable time with sufficient information to enable us to determine the accuracy and validity of any information supplied by you, or your identity;
   ?    We suspect you have engaged, or about to engage, or have in any way been involved, in fraudulent or illegal activity on the Site.
8. Bright Star Kids Group Pty Ltd may amend these Terms from time to time, and place the new version on the Site. When Bright Star Kids Group Pty Ltd does so, it will mention the fact on our home page www.brightstarkids.com.au. For users purchasing goods, all purchases from the date that the amended terms are placed on our Web site onwards will be governed by those new terms. Otherwise, such changes will be effective against existing users thirty days following posting of the amended version on the Site. Your continued use of the Site following posting of any changes will constitute your acceptance of such changes. If you do not agree to any changes to these Terms, then your only remedy is to cease using the Site.
9. These Terms supersede any and all other conditions, understandings, commitments, agreements or representations (except fraudulent misrepresentations) relating to your purchase, whether oral or in writing, and contain the entire agreement between Bright Star Kids Group Pty Ltd www.brightstarkids.com.au and you relating to your purchase. Bright Star Kids Group Pty Ltd advises that you print off and keep safe a copy of these terms and conditions once Bright Star Kids Group Pty Ltd has accepted your order. We will store a copy of the contract entered into by you with Bright Star Kids Group Pty Ltd. You are advised to read (and are responsible for reading) fully all information on this Web site.
10. These Terms are subject to the laws and exclusive jurisdiction of Australia.

If you have any questions or would prefer to order over the phone please contact Bright Star Kids.