For purposes of this Document, “Bright Viper” and “Buy Fuel Doctor” (“us”, “we”, “our”, etc) shall include Bright Viper Pty Ltd and its divisions, subsidiaries, successors, parent companies, and their employees, partners, principals, agents, and representatives, and any third-party providers or sources of information or data.
All terms and conditions listed on this website are governed by and construed in accordance with the laws of Queensland, Australia and you irrevocably and unconditionally submit to the non-exclusive jurisdiction of the courts of Queensland, Australia. If any provision of the terms and conditions listed on our website is found to be void, invalid, unlawful, or unenforceable by a court of law, such invalidity or unenforceability will not affect the remainder of the terms and conditions listed on this website, which will continue in full force and effect, and continue to constitute the agreement between you and us. If you access this website in a jurisdiction other than Queensland, Australia, you are responsible for compliance with the laws of that jurisdiction, to the extent that they apply. We make no representations that the content of this website complies with the laws of any state or country outside Queensland, Australia.
Your access to this website may be terminated at any time without notice. Where your access to this website is terminated, all disclaimers and limitations of liability set out in the terms and conditions listed on our website will survive. Reference to the website includes the whole or any part of the web pages located under the domain name of brightviper.com.au (including but not limited to any elements of design, underlying code, text, sounds, graphics, animated elements, or any other content).
If Bright Viper merges, sells, or otherwise changes control of our business or this website to a third party, we reserve the right, without giving notice or seeking consent, to transfer or assign the personal information, content, and rights that we have collected from you and any agreements we have made with you.
The failure by us to exercise or enforce any right or provision under the terms and conditions listed on the website will not constitute a waiver of such right or provision. Any waiver of any provision under the terms and conditions listed on the website will only be effective if it is in writing and signed by Bright Viper.
Use of Materials
The information, artwork, logos, text, video, audio, or pictures (collectively “Materials”) contained on this website are protected by copyright laws. You acknowledge that any intellectual property rights of these Materials are owned by Bright Viper or applicable third parties, and that they remain the property of their respective owners and must not be used in any manner without the prior written consent of the owner. These intellectual property rights are protected by Australian and international laws and nothing contained on this website is to be interpreted as a recommendation to use any information on this website in a manner which infringes the intellectual property rights of any person or entity. We make no representations or warranties that your use of the information on this website will not infringe such intellectual property rights.
You may view the website for personal and non-commercial use only and, subject to the Copyright Act 1968 (Cth) and similar legislation, you may not in any form or by any means reproduce, modify, distribute, store, transmit, publish, or display within another website, or create derivative works from any part of this website, or commercialise any information obtained from any part of this website without the prior written consent of Bright Viper or, in the case of third-party Materials, from the owner of the copyright of those Materials. You may not link directly to any file located on the website, and you should not attempt to utilise any of our content as your own work.
You agree that you will not engage in any activity that interferes with this website or the servers that host this website. You agree not to circumvent, disable, or otherwise interfere with security-related features of this website. You understand and agree that any suspected fraudulent, abusive, or illegal activity may be referred to appropriate law enforcement authorities.
The website may also feature or display third-party advertising or content. We do not intend the featuring or displaying of such advertising or content on this website to be referrals or endorsements of the content and the content is provided for user convenience only. We may promote, advertise, or sponsor events, competitions, or other activities which may be conducted online or offline and which may be conducted by third parties. These activities may be subject to separate terms and conditions. You participate in any such activities entirely at your own risk. Bright Viper does not accept any responsibility in connection with your participation in activities conducted by any other party.
Bright Viper reserves the right to prevent third parties from linking to this website.
Disclaimer and Indemnity
The services, information, or data (collectively “Information”) made available on the website are provided “AS IS”, without warranties or guarantees of any kind, express or implied. Photographs are for illustrative purposes only and may vary from goods depicted or described. The use of this website is at your sole risk.
You will at all times indemnify, and keep indemnified, Bright Viper from and against any loss, including but not limited to reasonable legal costs and expenses on a full indemnity basis, 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 these terms. This clause is not intended to exclude or limit any rights which you may have under the Competition and Consumer Act 2010 (Cth).
You further agree to indemnify Bright Viper and other persons involved in the creation of this website from all damages, losses, penalties, fines, expenses, and costs (including legal costs) which arise out of or relate to your use of this website, any information that you provide via this website, or any damage that you may cause to this website. This indemnification includes, without limitation, liability relating to copyright infringement, defamation, invasion of privacy, and trade mark infringement.
Except as expressly provided in these terms and conditions, and to the fullest extent allowed by the law, Bright Viper excludes all liability to you or anyone else for any direct, indirect, special, incidental, or consequential loss or damages howsoever caused or arising out of your access to or use of the website and/or products and services supplied, including, but not limited to, loss or damage you might suffer as a result of:
- Anything mentioned in any other terms and conditions listed on this website;
- Any loss or injury caused, in whole or in part, by actions, omissions, or negligence, or for contingencies beyond our control, in procuring, compiling, or delivering the Information;
- Any errors, omissions, or inaccuracies in the Information regardless of how caused, or delays or interruptions in delivery of the Information;
- You acting, or failing to act, on any Information contained on or referred to on the website and/or any linked website;
- Personal injury or property damage of any kind resulting from your access to or use of the website or products/services supplied;
- Any unauthorised access to or use of the website’s secure servers;
- Any interruption or cessation of transmission to or from the website;
- Any bugs, viruses, trojan horses, or other harmful code or communications which may be transmitted to or through the website by any third party;
- The quality, merchantability, or fitness for any purpose of any products, services, or of any linked sites; and/or
- Any other representations or implied warranties.
We may at any time add or remove Materials or Information from this website without notice. Bright Viper makes no warranty, representation, or guarantee as to the content, sequence, accuracy, timeliness, or completeness of the Information or that the Information may be relied upon for any reason. Bright Viper makes no warranty, representation, or guarantee that the Information will be uninterrupted or error free or that any defects can be corrected.
We may, at our sole discretion, limit or restrict your access to this website without prior notice to you. If this occurs, you may be prevented from accessing all or parts of the website, your account details, or other content contained in your account. Bright Viper will not be liable to you or any third party for doing so. Further, for security, technical, maintenance, legal, or regulatory reasons, or due to any breach of these terms, we may withdraw this website, or change or remove website functionality at any time without notice to you.
Although we use our best endeavours to confirm the accuracy of any Information published on this website, you agree that Bright Viper cannot be held responsible for inaccuracies or errors caused by incorrect Information supplied to us by third parties or third parties changing product specifications without notice to us. You agree to make your own enquiries to verify Information provided and to assess the suitability of products before you purchase.
Information published on this website is provided for general purposes only and is current at the time of first publication. It is not legal, medical, mechanical, or other professional advice or intended to be comprehensive. You are responsible for determining the validity, quality, and relevance of any Information provided and to take appropriate independent advice before acting or relying on any of it to ensure that it meets your particular requirements. You should report any error or omission via our online contact form.
Given the nature of the internet, we cannot guarantee that any data transmission is totally secure, free from viruses, or other conditions which could damage or interfere with your devices. Whilst we take precautions to protect information, we do not warrant and cannot ensure the security of any content or information you transmit via the website. You therefore transmit to the website at your own risk. If you become aware of any problems with the security of the website, please contact us immediately.
You must also take your own precautions to ensure that your access to the website does not expose you to the risk of viruses, malicious code, or other forms of interference which may damage your own devices. Bright Viper will not accept any responsibility for any interference or damage to your own devices which arises in connection with your use of this website or any linked website.
Limitation of Liability
Under no circumstances shall Bright Viper be liable for any losses or damages whatsoever, whether in contract, tort, or otherwise, from the use of, or reliance on, the Information, products, services, or from the use of the internet generally.
Bright Viper will not be liable for any delay in performing any of our obligations if such delay is caused by circumstances beyond our reasonable control, including but not limited to, failure of or interruption in the provision of essential services such as electricity supply, internet connections, bank payment systems, or postal deliveries.
You may access and/or use the website as a guest or as a member. However if you are purchasing products and choose to use the website as a guest, you will not be able to log in and check your order details or manage your personal details. To become a member of the website, you must:
- Accept all terms and conditions listed on this website;
- Agree that you have entered into a legal contract with Bright Viper and that all terms and conditions listed on this website constitute the entire agreement between you and us for the supply of products or services;
- Be at least eighteen (18) years of age;
- Provide your name, address, telephone number, a valid email address, and nominate a secure password; and
- Agree to keep your membership details current at all times by accessing your account via the website.
If you do not provide accurate and complete details, we may not be able to activate your membership or supply products to you.
Only one registration per email address is permitted and you must not use another member’s account. You must keep your password secure and not share it with anyone as you are responsible for any activity on your account. You agree to notify us immediately if you become aware of any security breach or any unauthorised use of your password or account. If you forget your password you may click on the relevant link located on the website and further instructions will be emailed to you.
We reserve the right to terminate any account without notice for any reason whatsoever including, without limitation, if you have breached or we suspect you have breached these terms. We reserve the right to take legal action against and/or seek compensation from the parent or guardian of a minor who causes an order to be placed or for any loss or damage that we may suffer as a result of any transaction entered into by a minor.
Orders and Payments
Representations of products for sale made by Bright Viper via the website do not constitute an offer to sell but an invitation to treat.
You and Bright Viper may enter into a contract for the sale and supply of products by you making an offer via the website to purchase a product at the price advertised on the website by:
- Placing an online order for the product/s via the website;
- Confirming the order in accordance with the procedure on the website;
- Making full payment for the order including applicable delivery charges; and
- Us accepting your offer.
All orders should be carefully previewed before finalising and making payment. Once you have placed your order, and it has been packaged, you cannot cancel or revoke your order, unless expressly provided for in the terms and conditions listed on this website. If you do wish to cancel or return your order, please see our Returns Policy.
You also acknowledge that:
- The transmission of your offer or the confirmation of any payment, made via any electronic means, may not be received by us for reasons beyond either parties’ control including but not limited to: electronic, mechanical, software, computer, or telecommunications failure, or the failure of third-party website providers or systems;
- To the extent permitted by law, Bright Viper is not liable to you in any way for any loss or damage at all arising directly or indirectly in connection with electronic transmission through the website, or any failure to receive an electronic instruction for whatever reason;
- We may process all completed electronic transmissions made via the website without further consent from or reference to you; and
- We may treat an electronic transmission as authentic and are under no obligation to investigate the authenticity or authority of persons performing such electronic transmissions, or to verify the accuracy and completeness of such electronic transmissions.
If your order is accepted by us, you will receive a confirmation email as soon as practicable after you have completed the order and made full payment. If you have any questions regarding your order, you should contact us. If your order is not accepted by us, we will make every reasonable effort to contact you regarding your order. We may, at our sole discretion, accept or reject any offer made by you for any reason, including but not limited to an error in the advertised price for, or description of, the products on the website, or an error in your order. Any representations made about stock availabilities are accurate to the last known stock level and are subject to change. If we cannot supply a particular product, we will make every reasonable effort to contact you regarding your order.
Prices shown are in Australian (AU) dollars and include GST where applicable and are subject to change at any time without notice. Prices shown do not include delivery and handling charges, unless explicitly stated. Any published saving with respect to a product is by reference to the normal ticketed price of products listed by us, unless otherwise stated. Images of products shown without any advertised price accompanying that image are not offered for sale. Unless otherwise stated, any accessories shown in any image of any products are not included in the price. We reserve the right to correct any errors published on the website.
All payments must be made in full prior to your order being processed, and must be made either via cash in person or the secure payment gateway facilities offered and will be subject to any terms and conditions of any third-party providers. You therefore agree to and are bound by all terms and conditions of said third parties. To the extent permitted by law, Bright Viper will not be responsible for any damages or consequential losses (whether direct or indirect) suffered by a user where a third-party provider account is fraudulently used or is used in an unauthorised manner.
Supply and Delivery
Subject to you complying with the terms and conditions listed on this website and acceptance of your order by us, we will sell and supply the products to you as shown on your order confirmation. Some products may not be available for immediate delivery and will be delivered as soon as practicable.
Subject to these terms and conditions, retail orders received by us before 11:00 AEST will be shipped on the same day. Where orders are received on a non-business day, they will be shipped on the next available business day.
When you complete your order, you will be prompted to provide a delivery address. It is your sole responsibility to ensure that your delivery address is correct and Bright Viper will take no responsibility whatsoever for delivery issues relating to incorrect address information supplied by you.
All delivery addresses must be an address within Australia and cannot be a freight forwarding location. Our retail-sized items are sent via either Australia Post Standard Parcel or Express Parcel Service depending on the service you choose. Our bulk-ordered and industrial-sized items are sent via courier so deliveries cannot be made to PO Boxes. You may be required to be available in person to accept delivery of your order for any signature-based service. At the time you place your order via the website, you must advise of any difficulties that may be involved in the delivery (such as stairs, narrow entries, or pets). If you do not state the situation correctly and on arrival the delivery contractor deems it to be a difficult location, you will be liable for any extra charges including but not limited to redelivery fees, the cost of specialty delivery vehicles/equipment, or the cost of an extra person to assist. Bright Viper will not be held responsible for delivery failures or delays by any third-party delivery contractor.
We will use our best endeavours to deliver your order within any stated timeframes for dispatch, however we do not warrant that these timeframes will always be met, as many factors may affect these timeframes that are completely outside our control and Bright Viper will not be held responsible for any issues relating to delivery times.
Title and risk in the products, such as loss and damage, pass to you once the order has been processed by us and delivery has been authorised/begun by any third-party delivery contractor.
Refund, Return, and Repair Policy
This Refund, Return, and Repair Policy is applicable to products purchased from this website only. We therefore recommend you read this policy prior to making a purchase from us so you are familiar with our policy on refunds, returns, and repairs and further recommend you also make yourself aware of your rights under the Australian Consumer Law.
We also recommend you immediately inspect any goods that are delivered to you to ensure you are completely satisfied with the goods, including that the goods are of acceptable quality and match the general purpose description we have provided to you.
Consumer Guarantees and Your Rights Under the Australian Consumer Law
Under the Australian Consumer Law, you have guaranteed legal rights for goods and services you purchase. These are called consumer guarantees.
All goods sold in Australia come with guarantees that cannot be excluded under the Australian Consumer Law. You are entitled to a replacement or refund for a major failure and for 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.
There are nine consumer guarantees that apply to goods you purchase:
- Acceptable quality
- Match description
- Express warranties will be honoured
- Fit for a particular purpose
- Match the sample or demonstration model
- Title to the goods
- Undisturbed possession of the goods
- No undisclosed securities on the goods
- Spare parts and repair facilities will be available for a reasonable time after purchase
Consumer guarantees cannot be excluded and are in addition to any extended warranty you purchase or any voluntary warranty (warranty against defects) you are given. However there may be circumstances where you are not entitled to a remedy. For further information about the Australian Consumer Law and consumer guarantees, visit www.consumerlaw.gov.au.
You can request the cancellation and refund of an order for any reason at any time prior to the order being packaged for delivery. Once the order is packaged, it cannot be cancelled and will be subject to the terms regarding returns. Due to these time constraints, it is recommended to make any cancellation enquiries over the phone +61 491 626 016, as we cannot guarantee that any other form of communication will be received prior to the order being packaged and will not be held responsible for any cancellation requests received outside these timeframes or not received for any reason.
Change of Mind Returns
Please choose carefully as returns where you have changed your mind, made a wrong selection, requested order cancellation after the order has been packaged or shipped, or simply found the goods cheaper elsewhere, are only provided at our sole discretion and will be subject to a 30% restocking fee (calculated on the order total including shipping costs) and any return freight/postage costs are payable by you. We recommend you carefully preview your shopping cart items before proceeding with your order.
Goods Damaged in Transit
If any goods arrive damaged, please contact us within seven (7) days with all relevant details of the order and delivery issue. We will then investigate the issue using all available means, including but not limited to, consulting with the third-party delivery company for further proof. If the damage is deemed to have genuinely been caused in transit, we will arrange for either replacement of the goods or a refund, to the value of any insurance provided by the delivery company and/or purchased by you, at our sole discretion. When required by us, damaged goods and their related postage and packaging materials must be returned in the condition received by you with all accessories and/or manuals at your own cost.
Upon receipt of any goods, you must inspect them for faults. If any goods are faulty or not of acceptable quality, please contact us within sixty (60) days with all relevant details of the order and the quality issue to receive approval to return the goods. Do not return the goods without prior approval as any such returns will not be accepted.
Once approval to return goods has been obtained, goods must be returned within a reasonable time. This timeframe may vary from product to product and may depend on the type of product you purchased. Any return freight/postage costs are payable by you and reasonable costs may be refunded if the item is deemed faulty by us. Any freight/postage costs paid as part of the original order will not be refunded. Goods returned for repair will be assessed and/or repaired within a reasonable time. The assessment and/or repair time may vary due to reasons beyond our control or the repairer’s control, such as part availability and incorrect fault description.
If the goods are deemed to be faulty, we will arrange for either replacement of the goods or a refund of the original purchase price, minus any freight/postage costs and payment processing fees.
You may be required to pay labour, assessment, and any other costs, for instances including but not limited to, where goods are assessed to have been damaged by misuse or accident or where your rights under the Australian Consumer Law or any manufacturer’s warranty do not apply. We may provide you with an indicative fee, which may vary due to reasons beyond our control.
Where we decide a refund is warranted, refunds will be processed as soon as practicable and only via the payment method used to order the product/s, where that method is still available to us. If that method is no longer available, alternative arrangements will be made.
All Documents listed on this website may be amended at any time. Wherever possible, we will take reasonable measures to inform you of updates or amendments, however for future use of this website and/or future orders, these Documents may be different and we recommend to read them carefully each time you perform an action that constitutes agreement of these Documents. Your continued use of this website following such amendment of these Documents will represent an agreement by you to be bound by the amended Documents.
If you have any queries or concerns about these terms and conditions, you can contact us as below:
Bright Viper Pty Ltd
PO Box 787, Mount Ommaney, QLD, 4074.
+61 491 626 016
Copyright © Bright Viper Pty Ltd ACN: 635 915 945 and/or its licensors, all rights reserved.