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Terms of Sale

SCOPE

If Customer has agreed, either electronically or via a signed purchase agreement with Little Bird Electronics Pty Ltd to terms and conditions applicable to this sale of product, then thopse terms and conditions shall apply to this sale of product. If no such current agreement with Little Bird Electronics Pty Ltd exists, then the terms and conditions contained herein ("Terms & Conditions of Sale") shall apply to all quotations made and contracts of sale entered into between Little Bird Electronics Pty Ltd and Customer, irrespective of whether Customer accepts these Terms & Conditions of Sale by a written acknowledgement, by implication, or by acceptance of goods hereunder. Any term or condition on any order or other document submitted by Customer shall be of no force or effect whatsoever and Little Bird Electronics Pty Ltd specifically rejects any different or additional terms and conditions proposed by Customer. Products may not be purchased for export, either directly or indirectly.

GENERAL CONDITIONS

We reserve the right to refuse service to anyone for any reason at any time. By default, we do not provide refunds for change of mind. If we do decide to accept a change of mind return you will be liable for the cost of transactions from our merchant facilities.

You understand that your content (not including credit card information), 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. Credit card information is always encrypted during transfer over networks.

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 or any contact on the website through which the service is provided, without express written permission by us. The headings used in this agreement are included for convenience only and will not limit or otherwise affect these Terms.

ACCURACY, COMPLETENESS AND TIMELINESS OF INFORMATION

We are not responsible if information made available on this site is not accurate, complete or current. The material on this site is provided for general information only and should not be relied upon or used as the sole basis for making decisions without consulting primary, more accurate, more complete or more timely sources of information. Any reliance on the material on this site is at your own risk.

This site may contain certain historical information. Historical information, necessarily, is not current and is provided for your reference only. We reserve the right to modify the contents of this site at any time, but we have no obligation to update any information on our site. You agree that it is your responsibility to monitor changes to our site.

MODIFICATIONS TO THE SERVICE AND PRICES

Prices for our products are subject to change without notice.

We reserve the right at any time to modify or discontinue the Service (or any part or content thereof) without notice at any time.

We shall not be liable to you or to any third-party for any modification, price change, suspension or discontinuance of the Service.

Shipping costs will be displayed at checkout. Little Bird Electronics Pty Ltd reserves the right to apply additional charges for shipments should the amount paid not cover the cost of shipping.

PRODUCTS OR SERVICES

Certain products or services may be available exclusively online through the website. These products or services may have limited quantities and are subject to return or exchange only according to our Return Policy.

We have made every effort to display as accurately as possible the colors and images of our products that appear at the store. We cannot guarantee that your computer monitor's display of any color will be accurate.

We reserve the right, but are not obligated, to limit the sales of our products or Services to any person, geographic region or jurisdiction. We may exercise this right on a case-by-case basis. We reserve the right to limit the quantities of any products or services that we offer.

All descriptions of products or product pricing are subject to change at anytime without notice, at the sole discretion of us. We reserve the right to discontinue any product at any time. Any offer for any product or service made on this site is void where prohibited.

We do not warrant that the quality of any products, services, information, or other material purchased or obtained by you will meet your expectations, or that any errors in the Service will be corrected.

ORDER ACCEPTANCE

Little Bird Electronics Pty Ltd reserves the right to either fully or partially accept or reject any order for any reason.

We reserve the right to refuse any order you place with us. We may, in our sole discretion, limit or cancel quantities purchased per person, per household or per order. These restrictions may include orders placed by or under the same customer account, the same credit card, and/or orders that use the same billing and/or shipping address. In the event that we make a change to or cancel an order, we may attempt to notify you by contacting the e‑mail and/or billing address/phone number provided at the time the order was made. We reserve the right to limit or prohibit orders that, in our sole judgment, appear to be placed by dealers, resellers or distributors.

You agree to provide current, complete and accurate purchase and account information for all purchases made at our store. You agree to promptly update your account and other information, including your email address and credit card numbers and expiration dates, so that we can complete your transactions and contact you as needed.

OPTIONAL TOOLS

We may provide you with access to third-party tools over which we neither monitor nor have any control nor input.

You acknowledge and agree that we provide access to such tools ”as is” and “as available” without any warranties, representations or conditions of any kind and without any endorsement. We shall have no liability whatsoever arising from or relating to your use of optional third-party tools. Any use by you of optional tools offered through the site is entirely at your own risk and discretion and you should ensure that you are familiar with and approve of the terms on which tools are provided by the relevant third-party provider(s).

We may also, in the future, offer new services and/or features through the website (including, the release of new tools and resources). Such new features and/or services shall also be subject to these Terms of Service.

THIRD-PARTY LINKS

Certain content, products and services available via our Service may include materials from third-parties.

Third-party links on this site may direct you to third-party websites that are not affiliated with us. We are not responsible for examining or evaluating the content or accuracy and we do not warrant and will not have any liability or responsibility for any third-party materials or websites, or for any other materials, products, or services of third-parties.

We are not liable for any harm or damages related to the purchase or use of goods, services, resources, content, or any other transactions made in connection with any third-party websites. Please review carefully the third-party's policies and practices and make sure you understand them before you engage in any transaction. Complaints, claims, concerns, or questions regarding third-party products should be directed to the third-party.

USER COMMENTS, FEEDBACK AND OTHER SUBMISSIONS

If, at our request, you send certain specific submissions (for example contest entries) or without a request from us you send creative ideas, suggestions, proposals, plans, or other materials, whether online, by email, by postal mail, or otherwise (collectively, 'comments'), you agree that we may, at any time, without restriction, edit, copy, publish, distribute, translate and otherwise use in any medium any comments that you forward to us. We are and shall be under no obligation (1) to maintain any comments in confidence; (2) to pay compensation for any comments; or (3) to respond to any comments.

We may, but have no obligation to, monitor, edit or remove content that we determine in our sole discretion are unlawful, offensive, threatening, libelous, defamatory, pornographic, obscene or otherwise objectionable or violates any party’s intellectual property or these Terms of Service.

You agree that your comments will not violate any right of any third-party, including copyright, trademark, privacy, personality or other personal or proprietary right. You further agree that your comments will not contain libelous or otherwise unlawful, abusive or obscene material, or contain any computer virus or other malware that could in any way affect the operation of the Service or any related website. You may 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 comments.

You are solely responsible for any comments you make and their accuracy. We take no responsibility and assume no liability for any comments posted by you or any third-party.

TAXES

All applicable sales and/or use taxes, duties and other imposts, if any, due on account of purchases hereunder shall be paid by Customer.

TITLE AND DELIVERY

To the extent permitted by law, title and risk shall pass as follows:

  • (a) For Products shipped in all but the last week of every Little Bird Electronics Pty Ltd fiscal quarter, title and risk of loss will pass to Customer upon shipment from Little Bird Electronics Pty Ltd's shipping location. For such Products shipped pursuant to Little Bird Electronics Pty Ltd's standard practices, Little Bird Electronics Pty Ltd will replace Products returned due to damage in transit or that is lost in transit. For Products shipped in the last week of every Little Bird Electronics Pty Ltd fiscal quarter during the term of this Agreement, title and risk of loss will pass to Customer upon shipment from Little Bird Electronics Pty Ltd's shipping location. For such Products shipped pursuant to Little Bird Electronics Pty Ltd's standard practices, Little Bird Electronics Pty Ltd will not replace Products returned due to damage in transit or that are lost in transit. Instead, Little Bird Electronics Pty Ltd will provide third-party insurance for damaged or lost Products with Customer named as the loss payee.

  • (b) Little Bird Electronics Pty Ltd will use reasonable efforts to ship according to Customers request but will not be responsible or liable for any failure to do so or any failure to meet a proposed delivery date. Should orders for product(s) exceed Little Bird Electronics Pty Ltd's available inventory, Little Bird Electronics Pty Ltd will allocate its available inventory and make deliveries (including partial shipments) in its sole discretion and without liability. Any claims by Customer for shortages or incorrectly supplied products must be filed by Customer with Little Bird Electronics Pty Ltd within five (5) days of receipt of the products.

PAYMENT

  • (a) All orders shall be prepaid by Customer, unless credit is first extended by Little Bird Electronics Pty Ltd.

  • (b) If credit is extended by Little Bird Electronics Pty Ltd, Customer shall be invoiced upon shipment of product and Customer shall pay each invoice no later than TTHIRTY (30) CALENDAR DAYS from the date of invoice. Payments made beyond THIRTY (30) CALENDAR DAYS from the date of invoice will be subject to a 10% late payment administration fee. Little Bird Electronics Pty Ltd reserves the right to change credit terms at any time, for any reason, without prior notice. Time of payment is of the essence. All payments shall be in the currency identified on the face of this document. If Customer becomes insolvent, or bankruptcy or other debtors relief proceedings are instituted by or against Customer, or Customer makes an assignment for the benefit of its creditors or is unable to meet its obligations as they come due, any such event shall be deemed a material default hereunder, entitling Little Bird Electronics Pty Ltd to cease performance under this order and to avail itself of all legal and equitable remedies it may have against Customer.

DEFAULTS

In the event of any default by Customer, Little Bird Electronics Pty Ltd may decline to make further shipments without in any way affecting its rights under this order. The due date of all Little Bird Electronics Pty Ltd invoices shall be accelerated so that they become due and payable immediately, even if longer terms had been provided previously. If, despite any default by Customer, Little Bird Electronics Pty Ltd elects to continue to make shipments, Little Bird Electronics Pty Ltd's action shall not constitute a waiver of any default by Customer or in any way affect Little Bird Electronics Pty Ltd's legal remedies as a result of any such default.

SOFTWARE RIGHTS

  • (a) Customer acknowledges that products often contain not only hardware but also software. Software may be provided on separate media, such as CD-ROM or may be included within the hardware. Such software is proprietary, is copyrighted, and may also contain valuable trade secrets and be protected by patents. Customer, as an end user, is licensed to use any software contained in such product(s), subject to the terms of the license accompanying the product, if any, and the applicable patent, trademark, copyright, and other intellectual property, federal and state laws of Australia.

  • (b) Unless Customer has obtained Little Bird Electronics Pty Ltd's prior written consent, Customer, in addition to any obligations or restrictions set forth in any license which may accompany a product, shall not copy the software, except to backup or for archival purposes, and Customer shall promptly affix to any such copy the same proprietary and copyright notices as were affixed to the original. Customer shall not dissemble, decompile, reverse engineer, copy, modify, prepare derivative works thereof, or otherwise change any of the software or its form.

ERRORS, INACCURACIES AND OMISSIONS

Occasionally there may be information on our site or in the Service that contains typographical errors, inaccuracies or omissions that may relate to product descriptions, pricing, promotions, offers, product shipping charges, transit times and availability. We reserve the right to correct any errors, inaccuracies or omissions, and to change or update information or cancel orders if any information in the Service or on any related website is inaccurate at any time without prior notice (including after you have submitted your order).

We undertake no obligation to update, amend or clarify information in the Service or on any related website, including without limitation, pricing information, except as required by law. No specified update or refresh date applied in the Service or on any related website, should be taken to indicate that all information in the Service or on any related website has been modified or updated.

PROHIBITED USES

In addition to other prohibitions as set forth in the Terms of Service, you are prohibited from using the site or its content:

  • (a) for any unlawful purpose;
  • (b) to solicit others to perform or participate in any unlawful acts;
  • (c) to violate any international, federal, provincial or state regulations, rules, laws, or local ordinances;
  • (d) to infringe upon or violate our intellectual property rights or the intellectual property rights of others;
  • (e) to harass, abuse, insult, harm, defame, slander, disparage, intimidate, or discriminate based on gender, sexual orientation, religion, ethnicity, race, age, national origin, or disability;
  • (f) to submit false or misleading information;
  • (g) to upload or transmit viruses or any other type of malicious code that will or may be used in any way that will affect the functionality or operation of the Service or of any related website, other websites, or the Internet;
  • (h) to collect or track the personal information of others;
  • (i) to spam, phish, pharm, pretext, spider, crawl, or scrape;
  • (j) for any obscene or immoral purpose; or
  • (k) to interfere with or circumvent the security features of the Service or any related website, other websites, or the Internet. We reserve the right to terminate your use of the Service or any related website for violating any of the prohibited uses.

DISCLAIMER OF WARRANTIES; LIMITATION OF LIABILITY

We do not guarantee, represent or warrant that your use of our service will be uninterrupted, timely, secure or error-free.

We do not warrant that the results that may be obtained from the use of the service will be accurate or reliable.

You agree that from time to time we may remove the service for indefinite periods of time or cancel the service at any time, without notice to you.

You expressly agree that your use of, or inability to use, the service is at your sole risk. The service and all products and services delivered to you through the service are (except as expressly stated by us) provided 'as is' and 'as available' for your use, without any representation, warranties or conditions of any kind, either express or implied, including all implied warranties or conditions of merchantability, merchantable quality, fitness for a particular purpose, durability, title, and non-infringement.

In no case shall Little Bird Electronics, our directors, officers, employees, affiliates, agents, contractors, interns, suppliers, service providers or licensors be liable for any injury, loss, claim, or any direct, indirect, incidental, punitive, special, or consequential damages of any kind, including, without limitation lost profits, lost revenue, lost savings, loss of data, replacement costs, or any similar damages, whether based in contract, tort (including negligence), strict liability or otherwise, arising from your use of any of the service or any products procured using the service, or for any other claim related in any way to your use of the service or any product, including, but not limited to, any errors or omissions in any content, or any loss or damage of any kind incurred as a result of the use of the service or any content (or product) posted, transmitted, or otherwise made available via the service, even if advised of their possibility. Because some states or jurisdictions do not allow the exclusion or the limitation of liability for consequential or incidental damages, in such states or jurisdictions, our liability shall be limited to the maximum extent permitted by law.

LIMITATION OF LIABILITY

You agree to indemnify, defend and hold harmless Little Bird Electronics and our parent, subsidiaries, affiliates, partners, officers, directors, agents, contractors, licensors, service providers, subcontractors, suppliers, interns and employees, harmless from any claim or demand, including reasonable attorneys’ fees, made by any third-party due to or arising out of your breach of these Terms of Service or the documents they incorporate by reference, or your violation of any law or the rights of a third-party.

IN NO EVENT SHALL Little Bird Electronics Pty Ltd BE LIABLE FOR INCIDENTAL, CONSEQUENTIAL, INDIRECT OR SPECIAL DAMAGES INCLUDING, WITHOUT LIMITATION, LOST BUSINESS PROFITS OR REVENUE. DIRECT DAMAGES SHALL BE LIMITED TO AN AMOUNT NOT TO EXCEED THE LESSEROF

  • A) The amount on the face of the invoice related to the order or,
  • B) $100 Australian Dollars. This limitation is a critical element of the parties bargained-for consideration and will be effective even if Little Bird Electronics Pty Ltd is informed in advance of the possibility of such damages.

SEVERABILITY

In the event that any provision of these Terms of Service is determined to be unlawful, void or unenforceable, such provision shall nonetheless be enforceable to the fullest extent permitted by applicable law, and the unenforceable portion shall be deemed to be severed from these Terms of Service, such determination shall not affect the validity and enforceability of any other remaining provisions.

AUSTRALIAN CONSUMER LAW

Our goods come with guarantees that cannot be excluded under Australian consumer law. You are entitled to a replacement or refund for a major failure and compensation for any other reasonably foreseeable loss or damage. You are also entitled to have the goods repaired or replaced if the goods fail to be of acceptable quality and the failure does not amount to a major failure.

ASSIGNMENT

Customer shall not assign this order,or any interest therein, or any rights hereunder without the prior written consent of Little Bird Electronics Pty Ltd.

GOVERNING LAW

These Terms of Service and any separate agreements whereby we provide you Services shall be governed by and construed in accordance with the laws of New South Wales, Australia.

Any disputes or proceedings related to these terms will be exclusively resolved within this jurisdiction. If any part of these terms is deemed invalid or unenforceable by a court of competent jurisdiction, the remaining portions will continue to be valid and will be interpreted to best reflect the original intent of the parties involved. The customer explicitly agrees that legal proceedings will take place within this jurisdiction and voluntarily submits to the authority of its courts.

MODIFICATIONS

No attempted addition to, deletion from, or modification of any of the provisions of these Terms & Conditions of Sale shall be binding on either party unless it is in writing and signed by an authorised representative of both parties. Little Bird Electronics Pty Ltd's failure to object to any term or condition contained in any communication from Customer shall not be deemed a waiver of any provision herein.

Any waiver by either party of any provision of these Terms & Conditions of Sale shall not be deemed to be a waiver of any other provision, or a continuing waiver, but shall apply solely to the instance to which the waiver is directed.

TERMINATION

The obligations and liabilities of the parties incurred prior to the termination date shall survive the termination of this agreement for all purposes.

These Terms of Service are effective unless and until terminated by either you or us. You may terminate these Terms of Service at any time by notifying us that you no longer wish to use our Services, or when you cease using our site.

If in our sole judgment you fail, or we suspect that you have failed, to comply with any term or provision of these Terms of Service, we also may terminate this agreement at any time without notice and you will remain liable for all amounts due up to and including the date of termination; and/or accordingly may deny you access to our Services (or any part thereof).

ENTIRE AGREEMENT

These Terms & Conditions of Sale contain all the agreements, warranties, understandings, conditions, covenants, and representations made between Customer and Little Bird Electronics Pty Ltd. Neither Customer or Little Bird Electronics Pty Ltd shall be liable for any agreements, warranties, understandings, conditions, covenants, or representations that are not expressly set forth in these Terms & Conditions of Sale.

CHANGES TO TERMS OF SERVICE

You can review the most current version of the Terms of Service at any time at this page. We reserve the right, at our sole discretion, to update, change or replace any part of these Terms of Service by posting updates and changes to our website. It is your responsibility to check our website periodically for changes. Your continued use of or access to our website or the Service following the posting of any changes to these Terms of Service constitutes acceptance of those changes.

CONTACT INFORMATION

Questions about the Terms of Service should be sent to us at team@littlebird.com.au.