Terms & Conditions

bypaté Pty Ltd (ACN 653 257 857) (“the Website Owner”) owns and operates this website (“bypaté.com”). Access to and use of the Website and the purchase of any products or goods as advertised on the Website (collectively “the bypaté Products”) is subject to these Terms and Conditions (“the Terms”). By accessing or using the Website or purchasing any of the bypaté Products from the Website or by any other means, you agree to all of the Terms, as may be updated by the Website Owner from time to time. You should check this page regularly to take notice of any changes made to the Terms. If you do not agree with any of the Terms then you must stop using the Website immediately and you must not access, purchase or use the bypaté Products.

1. Disclaimer of liability
(a) Subject to any non-excludable consumer guarantees and other consumer protection provisions set out in the Australian Consumer Law, the material displayed on this Website and on the packaging of the bypaté Products is provided without any guarantees, conditions or warranties as to its accuracy.
(b) The Website Owner does not warrant or guarantee any particular result or outcome from your use of or access to the Website or the bypaté Products. Any reviews of the bypaté Products or testimonials published on the Website, or any other website or public forum are opinions only and are not to be taken as guarantees.
(c) To the fullest extent permitted by law the Website Owner hereby expressly excludes all warranties and other terms which might otherwise be implied by statute, common law or the law of equity and shall not be liable for any damages whatsoever, including but without limitation any direct, indirect, special, consequential, punitive or incidental damages, or damages for loss of use, profits, data or other intangibles, damage to goodwill or reputation, or the cost of procurement of substitute goods and services, arising out of or related to the use, inability to use, performance or failures of this Website, the bypaté Products or the Linked Sites and any materials posted on those sites, irrespective of whether such damages were foreseeable or arise in contract, tort, equity, restitution, by statute, at common law or otherwise.
(d) By accessing the Website or placing an order through the Website, you assume all associated risk, including but not limited to the risk to your computer, tablet, mobile device, software or data may be damaged by any unauthorised access, virus or malicious bug enabled or transmitted by the Website or any third-party website or entity. The Website Owner will not be liable for any loss or damage caused by a distributed denial-of-service attack, hacking event, viruses or other technologically harmful material or conduct that may infect your computer equipment, computer programs, data or other proprietary material due to your use of the Website or to your downloading of any material posted on
the Website or on any websites shown on the Website as links on the Website (Linked Sites).
(e) By browsing through the Website or placing an order through the Website, you assume all responsibility for the security of your account. You agree to accept all responsibility for activities that occur under your account (e.g. orders placed by someone else using your account).
(f) To the full extent permitted by law, the Website Owner does not accept any liability whatsoever in respect of any loss or damage to you caused by any use of the Website or the bypaté Products.
(g) To the extent permitted by law, the Website Owner is not liable for any indirect, consequential or economic loss resulting from your use of this Website or purchase of the bypaté Products.

2. Website
Access to the Website is permitted on a temporary basis, and the Website Owner reserves the right to withdraw or amend the Website or the bypaté Products without notice. The Website Owner is not liable if for any reason the Website is unavailable at any time or for any period. From time to time, the Website Owner may restrict access to some parts or all of the Website. Access to some areas of the Website or use of some of the bypaté Products by you may require you to agree to an additional set of terms and conditions. Any additional terms and conditions are intended to apply in conjunction with the Terms, however the additional terms and conditions will prevail to the extent of any
inconsistency.

3. Delivery Policy
Any estimated delivery date provided by the Website Owner for products ordered through the Website is an indicative estimate only and does not represent a promise or guarantee that the order will be delivered by that time. While the Website Owner endeavours to ensure that your order is delivered in a timely manner, it will not be liable for any loss or damage incurred by any person or entity as a result of delay or non-delivery caused by any delivery service or carrier or by any event which is out of the reasonable control of the Website Owner, including but not limited to any delay caused by an incorrect delivery address being provided, war, pandemics, epidemics, labour strikes or natural disasters.
The Website Owner accepts no responsibility for lost or unclaimed packages. You are encouraged to use the tracking codes provided to ensure that you are aware of your estimated delivery date and any delays.

4. Use of the bypaté Products
The Terms must be read in conjunction with the guidelines for use of the bypaté Products. You must follow the guidelines of use for each of the bypaté Products. These guidelines can be found at the individual bypaté Product page on the Website and on the bypaté Product’s packaging. The Website Owner makes no representations, warranties or guarantees as to the efficacy of any of the bypaté Products or their suitability for use by you. You acknowledge that by purchasing any of the bypaté Products, you have made your own full and proper investigations as to the efficacy and suitability of the product for you. Regarding health issues, the advice and information on the Website should not be substituted for professional medical advice and guidance. The Website is operated by the Website Owner for the purpose of marketing and sale of the bypaté Products. It is recommended that you consult your medical professional before using any of the bypaté Products to determine if they are suitable for your use. Any enquiries of a medical nature
regarding the bypaté Products must be directed to your medical professional. In the unlikely event of any adverse reactions caused by use of the bypaté Products, you must immediately stop use and seek urgent medical advice. The Website Owner disclaims all liability to the fullest extent permitted by law for any injury, allergic reaction, adverse side effects, loss, or damage suffered in relation to or arising from use or misuse of the bypaté Products. In the event of such injury, allergic reaction, adverse side effects, loss or damage, the maximum aggregate liability of the Website Owner will be the value of the bypaté Product purchased.

5. Linked sites
The Website may contain Linked Sites, which are not owned or operated by the Website Owner. The Website Owner has no control over the Linked Sites and accepts no responsibility or liability for them or for any loss or damage that may arise from your use of or access to the Linked Sites. Your use of the Linked Sites will be subject to any terms of use and service contained within each such Linked Site. The Website Owner makes no representations or warranties in respect of any content or products published, advertised or sold on the Linked Sites.

6. Returns Policy
Any requests for replacements, refunds or store credits in respect of the bypaté Products shall only be permitted pursuant to the Australian Consumer Law. If you are not satisfied with any bypaté Products purchased from the Website, please email the Website Owner within 14 days of receipt at hello@bypate.com with your proof of purchase and a description of your issue to discuss a product return request. Pursuant to the Australian Consumer Law, the Website Owner will only offer a refund in the event of a major defect which cannot be remedied by replacement or repair. Any product subject to a refund must not have been used or show any signs of wear and tear. The Website Owner does not permit refunds due to change of mind.

7. Prohibitions
You must not misuse this Website or the bypaté Products. While accessing or using the Website or the bypaté
Products you must not:
(a) commit or encourage a criminal offence or any unlawful act;
(b) transmit or distribute a virus, trojan, worm, logic bomb or any other material which is malicious,
technologically harmful, in breach of confidence or in any way offensive or obscene;
(c) hack into any aspect of the Website;
(d) corrupt data;
(e) post or distribute any material that is sexist, racist, derogatory, discriminatory, obscene or otherwise
offensive;
(f) breach any applicable laws or regulations;
(g) cause annoyance to other users of the Website;
(h) infringe upon the intellectual property rights of any other person or entity;
(i) send any unsolicited advertising or promotional material, commonly referred to as "spam"; or
(j) attempt to affect the performance or functionality of any computer facilities of or accessed through the Website or the bypaté Products.

If you breach this term, the Website Owner reserves the right to immediately and permanently block your access to the Website and disable or cancel any account you may have in relation to the Website. Breaching this provision may constitute a criminal offence and the Website Owner may report any such breach to the relevant law enforcement authorities and disclose your identity to them.

8. Privacy policy
The Website privacy policy, which sets out how the Website Owner may use your information, can be found at https://www.bypate.com/pages/privacy-policy By using the Website, you consent to the terms of the privacy policy and warrant that all information provided by you is accurate.
If you do not agree with the privacy policy then you must stop using the Website immediately and must not access, purchase, or use the bypaté Products.

9. Intellectual property, software and content
Unless specified otherwise, all intellectual property rights in all material featured on the Website is owned by the Website Owner. You are not permitted to use the material for any purpose other than purchasing bypaté Products without first obtaining the consent of the Website Owner. You may store, print, use and display the content supplied solely for your own personal use or non-commercial educational purposes only.

10. Indemnity
You agree to indemnify, defend and hold harmless the Website Owner, its officers, employees, consultants, agents, and affiliates, from any and all third party claims, liability, damages or costs (including, but not limited to, legal fees) arising from your use of this Website or the bypaté Products or your breach of the Terms.

11. Variation
The Website Owner reserves the right in its absolute discretion at any time and without notice to amend, remove or vary the bypaté Products or any page of the Website.

12. Invalidity
If any part of the Terms is unenforceable (including any provision in which the Website Owner excludes liability to you) the enforceability of any other part of the Terms will not be affected and all other clauses remain in full force and effect. So far as possible where any clause/sub-clause or part of a clause/sub-clause can be severed to render the remaining part valid, the clause must be interpreted accordingly. Alternatively, you agree that the clause must be rectified and interpreted in such a way that closely resembles the original
meaning of the clause/sub-clause as is permitted by law.

13. Governing Law
The Terms are governed by and construed in accordance with the laws of the state of Victoria and the Commonwealth of Australia.