Website Terms & Conditions
www.beamsolo.com (“the Site”) is operated by Beam Mobility Australia Pty Ltd (ABN: 62 629 999 533), of 4 Knowles Avenue, North Bondi NSW 2026 (Beam, we, us or our) and these Terms and Conditions (“these T&C”) govern your use of the Site, its content and the services available therefrom (“Services”). If you place an order via the Site (“Order”), then in addition to these T&C, the Service Terms will also apply to govern that Order.
By accessing and/or using the Site you agree to be bound by these T&C, so if you do not agree hereto, please do not continue to access and/or use the Site. As the Services available from the Site are aimed at people over 16 years of age, you may only operate, access and/or use the Site if you are at least 16 years old.
We may, from time to time without giving reasons or notice upgrade, modify, suspend or discontinue the provision of the Site or any Services available therefrom and shall not be liable to anyone in that regard; provided that we will continue to honour already-accepted Orders in accordance with their terms
We grant you a limited, non-exclusive, non-transferable, non-sublicensable, revocable right to access and make personal and non-commercial use of the Site and Services available therefrom (meaning you may not use any part of the Site or Services in a commercial manner or for the benefit of any third party). All rights not expressly granted to you herein or in the Service Terms are reserved and retained by Beam.
You may only use the Site as permitted by these T&C and/or the Service Terms and otherwise in accordance with law. You agree and undertake NOT to: (a) impersonate anyone else or falsely state or otherwise misrepresent your affiliation with anyone else; (b) use the Site or Services for illegal purposes; (c) attempt to gain unauthorised access to or otherwise interfere or disrupt other computer systems or networks connected to the Site; (d) post, promote or transmit through the Site any illegal materials/content; (e) interfere with anyone else’s use and enjoyment of of the Site or Services; (f) use or upload, in any way, any software or material that contains, or which you have reason to suspect that contains, viruses, damaging components, malicious code or harmful components which may impair or corrupt the Site’s data or damage or interfere with the operation of another user’s computer or mobile device; (g) use any of the Site or Services other than in conformance with the acceptable use policies, any Internet standards and any other applicable laws.
The Site is hosted with Shopify (www.shopify.com) and Site payments are processed by Stripe (www.stripe.com), being Level 1 PCI DSS-certified. Beam is entitled to take all reasonable steps to ensure the integrity and security of the Site and back-office applications. Any person that delivers or attempts to deliver any damaging code to this Site or attempts to gain unauthorised access to any page on this Site shall be prosecuted and civil damages shall be claimed in the event that Beam suffers any damage or loss.
Subject to your statutory rights (which you can find out more about by contacting bodies such as the Australian Competition and Consumer Commission and State/Territory fair trading authorities), or rights expressly given to you under our Service Terms in relation to any particular Order:
- The Site and Services have not been compiled to meet your individual requirements and are provided on an “as is” and “as available” basis without any representations or warranties of any kind being given in relation thereto. Without prejudice to the generality of the foregoing, we do not warrant that the Site or Services will be uninterrupted, secure, or free from errors, omissions, computer viruses or other malicious, destructive or corrupting code. Transmissions over the Internet and e-mail may be subject to interruption, delay, error or security breaches due to the public nature of the Internet. It is your sole responsibility to satisfy yourself that they will meet your individual requirements and be compatible with your hardware and/or software. Information and ideas expressed on this Site should not be regarded as professional advice and you are encouraged to consult professional advice before taking any course of action related to information or ideas expressed on this Site..
- Neither we nor our affiliates (and our respective agents, officers or employees) shall be liable to you for any death, disability or personal injury or any loss, damage, fines or claims whatsoever or howsoever caused (regardless of the form of action) arising directly or indirectly in connection with (a) any access, use and/or inability to use the Site; (b) reliance on any data or information made available through the Site; (c) any system, server or connection failure, error, omission, interruption, delay in transmission, computer virus or other malicious, destructive or corrupting code, agent program or macros; and (d) any use of or access to any other third party website, service, data, application, software, servers or source code linked to or accessed from the Site, even if we or our officers or agents or employees may have been advised of, or otherwise might have anticipated, the possibility of the same.
Intellectual Property Rights
All the content, trademarks and data on this Site, including but not limited to, software, databases, text, graphics, icons, hyperlinks, images, music, video, designs, and even terms and conditions are the property of or licensed to Beam and as such are protected from infringement by local and international legislation and treaties. Nothing on the Site or in these T&C shall be construed as granting (by implication, estoppel, or otherwise) any license or right to use any trademarks (including as a meta tag or as a “hot” link to any other website), without our written permission or any other applicable trademark owner. All rights not expressly granted to you are reserved and we may enforce our intellectual property rights to the full extent of the law.
You may only download, view and print content from this Site for private and non-commercial purposes. No part of this Site or Services may be reproduced, reverse engineered, decompiled, disassembled, separated, altered, distributed, republished, displayed, broadcast, hyperlinked, mirrored, framed, transferred or transmitted in any manner or by any means or stored in an information retrieval system or installed on any servers, system or equipment without our prior written permission or that of the relevant copyright owners. More specifically, you may not frame or use framing techniques to enclose any of our trademarks or logos or use any meta tags or any other "hidden text" utilising our names or trademarks without our express written consent. The use of any technology to search and gain any information from this Site (spiders, crawlers etc) without Beam’s prior written permission is prohibited.
We respect the intellectual property of others and if you believe that an item or information on the Site infringes your intellectual property rights, please contact us at firstname.lastname@example.org.
Third party Content & Hyperlinks
Any hyperlinks on the Site to any other websites or content are not an endorsement or verification of such websites or content and you agree that your access to or use of such linked websites or content is entirely at your own risk. In the event that Site visitors are able to post comments, reviews or other content (“User Content”), you acknowledge that Beam cannot screen or edit all such User Content and does not accept any liability for illegal, defamatory or obscene User Content. You are encouraged to inform Beam of any content that may be offensive or illegal.
Posting comments/content to the Site
To the extent that the Site enables you to post any User Content, you must ensure and you warrant that (a) you have the right to post your User Content on the Site; (b) that it is not obscene, abusive, threatening, defamatory, invasive of privacy, infringing of intellectual property rights, or otherwise injurious to third parties or objectionable; (c) that it does not comprise political campaigning, commercial solicitation, chain letters, mass mailings or any form of "spam"; (d) that you have not impersonated anyone or misled anyone as to the origin thereof; (e) that it is accurate and (f) doesn’t otherwise contravene any law or person’s rights (“User Content Warranty”). We reserve the right (but not the obligation) to remove or edit User Content that doesn’t comply with the User Content Warranty and you indemnify us and our affiliates against any and all damage, loss, harm we suffer or third party claims made against us which arise from you having breached your User Content Warranty. You also grant Beam a non-exclusive, royalty-free and fully sublicensable and transferable right to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, and display your User Content throughout the world in any media, with or without your name.
Changes to Terms
We reserve the right to revise the Site Terms at any time by posting the changes on the Site. You are subject to the Site Terms available on the Site at the time you use the Site and so, if you are not satisfied with the updated Site Terms, you should stop using the Site in any way.
Governing Law and Jurisdiction
The Site and Services are aimed at Australian residents and so these Site Terms shall be governed by and construed in accordance with the laws in force in the State or Territory of Australia where the Services are made available and, subject to the ‘Disputes’ clause below, you hereby submit to the exclusive jurisdiction of the courts of that State or Territory. (The United Nations Convention on Contracts for the International Sale of Goods, and any local laws implementing the Convention on Contracts for the International Sale of Goods, do not apply to this Agreement.)
Save for urgent or interim relief which may be granted by a competent court, in the event of any dispute of any nature whatsoever arising between you and Beam on any matter provided for in, or arising out of these Site Terms which is not resolved via good faith negotiation within a reasonable period, then such a dispute shall be submitted to and finally resolved by arbitration via the Australian Centre for International Commercial Arbitration (ACICA) Expedited Arbitration Rules in Sydney, Australia.
Electronic Communications & Notices
When you visit the Site or send e-mails to Beam, you consent to receiving communications from Beam electronically and agree that all agreements, notices, disclosures and other communications sent by Beam satisfy any legal requirements, including but not limited to the requirement that such communications should be "in writing".