Terms of service

Brighttools offers this website, including all information, tools and services available from this site to you, the user, conditioned upon your acceptance of all terms, conditions, policies and notices stated here. By visiting our site and/or purchasing something from us, you agree to be bound by the following terms and conditions (“Terms of Service”, “Terms”), including those additional terms and conditions and policies referenced herein and/or available by hyperlink. These Terms of Service apply to all users of the site. 

Privacy Policy – Management of personal information
At Brighttools, we recognise the importance of your privacy and understand your concerns about the security of the personal information you provide to us. Brighttools takes all reasonable care when transferring and storing your details. We comply with the Australian Privacy Principles (“APPs”) as contained in the Privacy Act 1988 (Cth). The APPs detail how personal information may be collected, used, disclosed, stored and destroyed, and how an individual may gain access to or make complaints about the personal information held about them.

“Personal information” is information or an opinion about an identified individual, or about an individual who is reasonably identifiable.

This policy details how Brighttools manages personal information about you. In the course of doing business, we endeavour to collect business information only. However, the collection of personal information in some instances is necessary or unavoidable.

What personal information we collect and hold
The kinds of personal information we collect from you or about you depend on the transaction you have entered into with us. Generally we will collect information from you when you place an order through our website. Brighttools only collects the information it needs to conduct our business. If you are a retail customer, then the kinds of personal information that we commonly collect and hold from you or about you include: your name, billing address, delivery address, phone and mobile numbers and email address. Additionally we will collect your credit card details upon purchase.

When you browse our website or contact us electronically, we may record: geographical tagging, cookies and statistical data from your site visit.

How we collect and hold personal information
We aim to collect personal information only directly from you, unless it is unreasonable or impracticable for us to do so. For example, if you are a retail customer we collect personal information from you or about you when you place an order on our website, from correspondence that you submit to us, telephone calls and emails, and from your activity on our website.

Why we collect, hold, use and disclose personal information
We collect, hold, use and disclose personal information from you or about you where it is reasonably necessary for us to carry out our business functions and activities. For example, we collect, hold, use and disclose your personal information as necessary to provide our goods to you or your organisation, to arrange delivery of orders, to carry out warranty work and for internal record keeping.

Any of the information we collect from you may also be used in one of the following ways:

• To personalize your experience (your information helps us to better respond to your individual needs);
• To improve our website (we continually strive to improve our website offerings based on the information and feedback we receive from you);
• To improve customer service (your information helps us to more effectively respond to your customer service requests and support needs);
• To process transactions. We may use your details to contact you regarding your order for reasons such as, but not limited to, failed credit card transactions, incomplete order information, stock availability.
• To periodically send you promotional emails about new products, special offers or other information which we think you may find interesting using the email address which you have provided.
• To contact you for market research purposes.

If we do not collect, hold, use or disclose your personal information, or if you do not consent, then we may not be able to answer your enquiry, complete the transaction you have entered into, or provide the goods that you or your organisation have contracted us to provide.

We also collect, hold, use and disclose your personal information for related purposes that you would reasonably expect, such as our business administrative and accounting functions and warranty work.

Where we wish to use or disclose your personal information for other purposes, we will obtain your consent.

We may also disclose your personal information to third parties (including government departments and enforcement bodies) where required or permitted by law.

How we hold and store personal information
Your personal information is held and stored on paper, by electronic means, or both. We have physical, electronic and procedural safeguards in place for personal information and take reasonable steps to ensure that your personal information is protected from misuse, interference and loss, and from unauthorised access, modification and disclosure:

• Data held and stored electronically, including “in the Cloud”, is protected by internal and external firewalls, locked server casings, and limited access via file and network passwords. We also require our IT contractors and other third parties to implement privacy safeguards;
• Our staff receive regular training on privacy procedures.

Destruction and De-identification
We will retain your personal information whilst it is required for any of our business functions, or for any other lawful purpose.

We use secure methods to destroy or to permanently de-identify your personal information when it is no longer needed. Paper records are shredded, and electronic records are deleted from all locations, to the best of our ability, or encrypted and/or placed beyond use.

Disclosure
For the purpose of processing your order, we may disclose your details to:

• Our banking service provider;
• Our payment gateway service provider;
• Courier companies;
• Companies contracted by Brighttools to carry out order fulfillment;
• Government or regulatory authorities where required to by law;
• We do not sell your details to anyone;
• We do not disclose your personal information to overseas recipients.

Storage and security of credit card numbers
No credit card details are stored permanently by Brighttools. All credit card payments through this website are processed through our payment gateway service provider or PayPal. Checkout is secure and encrypted by industry standard technology to enable a secure transaction environment for online commerce. Your financial information is not shared with Brighttools. This further protects you and your financial information. We are notified by our payment gateway service provider of your payment into our bank account.

Requests for access and correction
We have procedures in place for dealing with and responding to requests for access to, and correction of, the personal information held about you.

In most cases, we expect that we will be able to comply with your request. However, if we do not agree to provide you access or to correct the information as requested, we will give you written reasons why. For further information, please contact us.

To assist us to keep our records up-to-date, please notify us of any changes to your personal information.

Complaints and Concerns
We have procedures in place for dealing with complaints and concerns about our practices in relation to the Privacy Act and the APPs. We will respond to your complaint in accordance with the relevant provisions of the APPs. For further information, please contact us via info@brighttools.com.au

 

Ordering and Payment
Payment must be made upon completion of an order via credit card or PayPal only. Brighttools accepts Visa, MasterCard, Amex and PayPal. When checking out, you warrant that you are an authorised user of the credit card or PayPal account used to complete the payment.

All purchase orders placed through this website are subject to confirmation and acceptance by Brighttools, who reserves the right to reject of refund any payment made by you, prior to dispatch. You will be emailed a confirmation of the receipt of your purchase. Though prices may be displayed as estimates in local currency, all transactions are settled in Australian Dollars (AUD). If ordering from outside Australia your currency will be converted to Australian Dollars upon completion of the transaction and charged the conversion rate as determined by your bank or credit card provider. For this reason we are not able to take responsibility for the final amount charged to your credit card or PayPal account.

This website is protected by SSL (Secure Socket Layer) encryption which ensures that any data you enter in a secure area of the site is encrypted during transmission over the Internet. SSL utilises data encryption to create a secure environment for you to conduct your online transactions. In order for SSL to be effective, you must be using an SSL compliant browser.

Brighttools offers a secure payment service, an industry leading card processing authority that exceeds the most stringent security standards. Through this payment gateway your credit card data will be stored only as long as it is necessary to complete your purchase transaction. After that is completed, your credit card information is deleted. Brighttools also offers payment via PayPal. Through this service your payment details are never exposed to us and are securely encrypted on PayPal’s own servers. For more information on PayPal, please visit the PayPal website.

Intellectual Property and Copyright
All content included on this site, such as text, graphics, logos, button icons, images, audio clips, digital downloads, data compilations and software, is the property of Brighttools and is protected by Australian and international copyright laws. The compilation of all content on this site is the exclusive property of Brighttools. Reproduction of part or all of the contents in any form of this website is prohibited other than for individual use only and may not be recopied and shared with a third party. The permission to recopy by an individual does not allow for incorporation of material or any part of it in any work or publication, whether in hard copy, electronic, or any other form. All rights not expressly granted are reserved. You acknowledge that Brighttools is entitled to require you to remove any link from another website to this website which you install without obtaining prior written consent. Brighttools prohibits the use of its audio clips or images for any purpose without prior written permission.

Accuracy, Completeness and Timeliness of Information
We aim to keep all information on this website current and accurate. However, Brighttools does not warrant that prices, product descriptions or other content of this site is at all times accurate, complete, reliable, current, or error-free. Product prices may be subject to change and products are limited edition. We have made every effort to display as accurately as possible the images of our products that appear at the store. If a product offered by Brighttools is not as described, you are entitled to a return in accordance with our Returns Policy.

Third-Party Links
Certain content via our website 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.

Visitor Comments, Feedback and Other Submissions
Visitors to the website may post reviews, comments, questions, idea suggestions or other information, so long as the content is not illegal, obscene, threatening, defamatory, invasive of privacy, infringing of intellectual property rights, or otherwise injurious to third parties or objectionable and does not consist of or contain software viruses, political campaigning, commercial solicitation, chain letters, mass mailings or any form of “:spam.”: You may not use a false e-mail address, impersonate any person or entity, or otherwise mislead as to the origin of a card or other content. Brighttools reserves the right (but not the obligation) to remove or edit such content. In posting any content or material via email or on the website you grant Brighttools a nonexclusive, royalty-free, perpetual, irrevocable, and fully sublicensable right to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute and display such content throughout the world in any media. You represent and warrant that you own or otherwise control all of the rights to the content that you post: that the content is accurate: that use of the content you supply does not violate this policy and will not cause injury to any person or entity: and that you will indemnify Brighttools for all claims resulting from content you supply. Brighttools has the right but not the obligation to monitor and edit or remove any activity or content and takes no responsibility and assumes no liability for any content posted by you or any third party.

Personal Information
Your submission of personal information through the website is governed by our Privacy Policy above.

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.

Limitation of Liability and Indemnification
We do not guarantee, represent or warrant that your use of our service will be uninterrupted, timely, secure or error-free. On occasion there may be down-time experienced, either scheduled or unscheduled. 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. We take every precaution to keep the details of your orders and payment secure, but in the absence of negligence on our part we cannot be held liable for any loss you may suffer if a third party procures unauthorized access to any data you provide when accessing or ordering from the site.

Mobile Terms of Service
The BrightTools mobile message service (the "Service") is operated by BRIGHTTOOLS PTY LTD (“BrightTools”, “we”, or “us”). Your use of the Service constitutes your agreement to these terms and conditions (“Mobile Terms”). We may modify or cancel the Service or any of its features without notice. To the extent permitted by applicable law, we may also modify these Mobile Terms at any time and your continued use of the Service following the effective date of any such changes shall constitute your acceptance of such changes.

By consenting to BrightTools’s SMS/text messaging service, you agree to receive recurring SMS/text messages from and on behalf of BrightTools through your wireless provider to the mobile number you provided, even if your mobile number is registered on any state or federal Do Not Call list. Text messages may be sent using an automatic telephone dialing system or other technology. Service-related messages may include updates, alerts, and information (e.g., order updates, account alerts, etc.). Promotional messages may include promotions, specials, and other marketing offers (e.g., cart reminders).

You understand that you do not have to sign up for this program in order to make any purchases, and your consent is not a condition of any purchase with BrightTools. Your participation in this program is completely voluntary.

We do not charge for the Service, but you are responsible for all charges and fees associated with text messaging imposed by your wireless provider. Message frequency varies. Message and data rates may apply. Check your mobile plan and contact your wireless provider for details. You are solely responsible for all charges related to SMS/text messages, including charges from your wireless provider.

You may opt-out of the Service at any time. Text the single keyword command STOP to BrightTools or click the unsubscribe link (where available) in any text message to cancel. You'll receive a one-time opt-out confirmation text message. No further messages will be sent to your mobile device, unless initiated by you. If you have subscribed to other BrightTools mobile message programs and wish to cancel, except where applicable law requires otherwise, you will need to opt out separately from those programs by following the instructions provided in their respective mobile terms.

For Service support or assistance, text HELP to BrightTools or email info@brighttools.com.au.

We may change any short code or telephone number we use to operate the Service at any time and will notify you of these changes. You acknowledge that any messages, including any STOP or HELP requests, you send to a short code or telephone number we have changed may not be received and we will not be responsible for honoring requests made in such messages.

The wireless carriers supported by the Service are not liable for delayed or undelivered messages. You agree to provide us with a valid mobile number. If you get a new mobile number, you will need to sign up for the program with your new number.

To the extent permitted by applicable law, you agree that we will not be liable for failed, delayed, or misdirected delivery of any information sent through the Service, any errors in such information, and/or any action you may or may not take in reliance on the information or Service.

We respect your right to privacy. To see how we collect and use your personal information, please see our Privacy Notice.

Termination
Brighttools reserves the right to terminate these Terms of Service at any time and shall not be liable to you for any cost, expense, or damages whatsoever for terminating these Terms of Service. If a product has not been delivered to you prior to the termination of these Terms of Service, Brighttools will refund any payment you have made prior to termination.

Governing Law
By visiting the Brighttools website you agree that the laws of the state of Victoria, without regard to principles of conflict of laws, will govern these Terms of Service and any dispute of any sort that might arise between you and Brighttools or its associates. 

Changes to our Terms of Use
Any new features or tools which are added to the current store shall also be subject to the Terms of Service. You can review the most current version of the Terms of Service at any time on this page. We reserve the right to update, change or replace any part of these Terms of Service by posting updates and/or changes to our website. It is your responsibility to check this page periodically for changes. Your continued use of or access to the website following the posting of any changes constitutes acceptance of those changes.

Contacting Us
Brighttools welcomes any questions or comments you may have with regard to our Refund Policy, Privacy Policy and Terms of Service. For further information please contact our team via info@brighttools.com.au