Terms of Service

Effective date: Aug 23, 2023

1. General

1.1 By accessing, browsing or otherwise using this website and our social media pages (“Website”), you accept these terms and conditions (“Agreement”).

1.2 The Website is owned and operated by Millibeam Pty Ltd (ABN 15 646 980 529). Throughout the Website and the Agreement, the terms “we”, “us”, “our” and “MILLIBEAM” refer to Millibeam Pty Ltd.

1.3 This Agreement shall be interpreted in accordance with, and governed by, the laws of the State of New South Wales, Australia. By using the Website, you agree to submit to the exclusive jurisdiction of the New South Wales courts in the event of any dispute. However, your use of the Website is also subject to any other law or regulation that applies to the Website, the internet or the worldwide web. If you choose to access this Website from locations outside of Australia, you are responsible for compliance with local laws, if and to the extent local laws are applicable.

1.4 We may vary this Agreement at any time. Please refer to this page from time to time to review these changes and new additional information.

2. Access and use of the Website

2.1 You must only use the Website through the interfaces provided by us and in accordance with this Agreement and any applicable law.

2.2 You must not (or attempt to) engage in any activity that is disruptive or is detrimental to the operation or functioning of the Website, including to:
a) interfere (or attempt to interfere) or disrupt (or attempt to disrupt) our site or the servers or networks that host our site;
b) use (or attempt to use) data mining, robots, screen scraping or similar data gathering and extraction tools on our site;
c) interfere (or attempt to interfere) with security-related or other features of our site;
d) use, copy or distribute (or attempt to use, copy or distribute) content without our express permission; or
e) reproduce, modify, rent, lease, loan, sell, distribute, adapt, translate, create derivative works based (whether in whole or in part) on, reverse engineer, decompile or disassemble any services or software, all or any part of the Website, or any materials made available through the Website.

2.3 We may refer fraudulent, abusive or illegal activity to the relevant authorities.

2.4 We do not warrant that the Website will be available at all times and without disruption.

2.5 If you provide us with any personal information (for example your name, address, contact details) our Privacy Policy will govern how we handle that information. Please review and understand our Privacy Policy.

3. Information on this Website

3.1 Users of the information contained on the Website must make their own assessment of the suitability and appropriateness of the products, services and information for their particular use. We endeavour to ensure information on the Website is current and accurate, but we do not accept any liability for out-of-date or inaccurate information.

3.2 Millibeam Holdings Pty Ltd is our related body corporate, which owns and commercialises a suite of intellectual property relating to the marketing and production of MILLIBEAM branded products. We are an authorised licensee of Millibeam Holdings Pty Ltd. Contact Millibeam Holdings Pty Ltd for more information about the intellectual property associated with MILLIBEAM branded products.

3.3 We own or are licensed to use all material and intellectual property rights, including information, text, data, graphics, images, logos, trademarks and copyright works, associated with the Website. No material from the Website may be reproduced, republished, transmitted, or distributed in any way, without our prior written permission, except that you may download one copy on a single computer for your own personal, domestic use only, provided you keep intact this and all other proprietary notices. No reproduction of any part of this Website may be sold or distributed for commercial gain nor shall it be modified or incorporated in any other work, publication or website.

3.4 Nothing contained on the Website should be construed as granting any licence or right to use any intellectual property displayed on the Website. We reserve all rights to enforce our intellectual property rights to the fullest extent of the law.

3.5 Any communication or material you transmit to this Website by electronic mail or otherwise, including any data, questions, feedback, comments or the like is non-confidential and will become the property of MILLIBEAM and may be used for any purpose, including but not limited to reproduction, disclosure, transmission, publication, broadcast and posting without further reference or payment to you. We may use for any purposes (including but not limited to the developing, manufacturing, advertising and marketing of products) any ideas, artwork, inventions, developments, suggestions or concepts contained in any communication you send to the Website.

4. Product Information

4.1 This website is intended to provide you with, among other things, general information about MILLIBEAM branded products. We do not guarantee that any product will be available for purchase in all countries or states, or that the products described or information contained on the website are suitable or appropriate for all countries or states.

4.2 We endeavour to depict goods available for order using accurate images of the goods. Where an accurate image is not available, MILLIBEAM may use alternative images with similarity to the goods to depict likeness of the actual goods. At times, goods actually delivered may differ in appearance and packaging from their appearance in images and photographs on the Website.

5. Disclaimer and Liability

5.1 To the fullest extent possible at law, we exclude all liability to you or anyone else for loss or damage arising out of or in connection in any way to the Website including, but not limited to, loss or damage you might suffer as a result of:
a) errors, mistakes or inaccuracies on the Website (including our social media pages);
b) you acting or not acting, on any information contained on or referred to on the Website and/or any linked website;
c) any unauthorised access to or use of our secure servers and/or personal information and/or financial information stored on those servers;
d) any interruption or cessation of transmission to or from the Website;
e) any bugs, viruses, trojan horses or other harmful code or communications which may be transmitted to or through our Website by any third party; and/or
f) the quality of any product or service of any linked sites.

All warranties, whether express or implied, as to the accuracy or completeness of the information contained on this Website or in respect of any products or materials referred to on this Website are excluded to the extent permitted by law.

5.2. Nothing in this Agreement excludes any conditions, warranties or guarantees that cannot be excluded at law. If any condition, warranty or guarantee cannot be excluded at law, then to the extent permitted by law, our liability for breach of such condition, warranty or guarantee is limited (at our option), in the case of:
goods, to the repair or replacement of the goods, or payment of the cost of the same; and
services, to the resupply of the services or payment of the cost of the same.

5.3 To avoid doubt, in no event shall we, our related bodies corporate, or the manufacturers and suppliers of goods sold on our Website, be liable for any loss or any special, incidental or consequential damages arising out of or in connection with our Website, this Agreement or goods sold on this Website (however arising, including negligence). You agree to accept sole responsibility for the legality of your actions under the laws that apply to you. You agree that we, our related bodies corporate or our suppliers have no responsibility for the legality of your actions.

5.4 Links on this Website may lead to other websites and these links are provided for convenience only. The inclusion of links to and from any other website in no way constitutes an endorsement of, and we provide no warranties in relation to, the content, actions or policies of that website.

5.5 We may, in our sole discretion, prevent you from accessing the Website if we believe you have violated or acted inconsistently with these terms of use. We reserve the right, at our sole discretion, to contact any authority or other relevant party and disclose any information (including personal information), or take legal action regarding your use of this Website.

6. Indemnity

You will at all times indemnify, and keep indemnified, us, our related bodies corporate and our directors, officers, employees and agents (including those of our related bodies corporate) from and against any loss (including reasonable legal costs and expenses) or liability incurred or suffered by you or by us arising from any claim, demand, suit, action or proceeding by any person against you or us where such loss or liability arose out of, in connection with, or in respect of your conduct or breach of this Agreement.

7. Website security policy

We are dedicated to providing you with a secure and private website experience. We safeguard your information using industry standard 128-bit SSL (Secure Socket Layer) encrypted servers. This process codes the information transferred between you and the server and renders it unreadable to anyone trying to intercept the information.

8. Cookies

We use cookies to monitor usage of our online resources. A cookie is a small amount of information which is transferred to the hard drive of your computer which can identify your web browser but not you. Cookies provide us with information about your computer’s IP address, the date and time of your visit, and the resources or information you have accessed. This information assists us in tailoring our services and making your visits easier, more productive and more efficient. Any personal information obtained through the use of cookies will only be used for the purposes set out in the Privacy Policy. If you want to, you can disable your web browser from accepting cookies. If you do, you can still access the Website, but not all services will be available.

9. Contacting us

If you have any questions or queries in relation to this Website or this Agreement, please contact us (our contact details are set out on our Contact Us page).