Understand Our Policies Through Our Terms & Conditions Page

Terms and conditions for buying products and just browsing

Welcome to BreakNice

In these terms, we also refer to BreakNice as “our”, “we”, or “us”.

And you are “you”!

What are these terms about?

These terms apply when you use this website, being breaknice.com and any other websites we operate with the same domain name and a different extension (“Website”).

These terms also apply when you purchase products through this Website (“Products”), whether by subscription (“Subscription”) or as an individual item (collectively, an “Order”).

If you’re looking for our Privacy Policy, which we will comply with and you also agree to be bound by, you can find it here breaknice.com/privacy-policy

How do I read these terms?

We separated these terms into three parts, so they are easy to read and understand.

Those parts are:

Part A: Terms for when you buy Products (applies when you buy)

Part B: Terms for when you browse and interact with this Website (applies when you browse)

Part C: Liability and warranties, and interpretation provisions (applies to both buying and browsing)

Please let us know if you have any questions about these terms, and don’t continue using this Website or purchase any Products unless you have read and agree to these terms.

I’ve returned to your Website, do I need to read these terms again?

Once you place an Order, the terms accepted at the point of sale will apply to your purchase of those Products. However, please note that we may change any part of these terms at any time by updating this page of the Website, so you may find that different terms apply next time you use this Website or purchase Products. You can check the date at the top of this page to see when we last updated these terms.

Part A – For When You Buy Products…

SUBMITTING AN ORDER
1. By submitting an order for purchase of a Product using the Website’s functionality (Order) you represent and warrant that:
  1. you have the legal capacity and are of sufficient age to enter into a binding contract with us; and
    1. you are authorised to use the debit or credit card you provide with your Order.
    2. Submitting an Order constitutes your intention and offer to enter into Part A of these terms (including Part C which you agreed to by using this Website) where we will provide you with the Products or Subscription you have ordered in exchange for your payment of the total amount listed upon checkout.
    3. Part A of these terms is not agreed between you and us until we have approved your payment and you receive an email from us confirming that your order is being processed.
ACCOUNTS
1. To submit an Order, you are required to sign-up, register and receive an account through the Website (an Account).
2. As part of the Account registration process and as part of your continued use of the Website, you may be required to provide personal information and details, such as your email address, first and last name, preferred username, a secure password, billing, postal and physical addresses, mobile phone number, bank account information, and other information as determined by us from time to time.
3. You warrant that any information you give to us in the course of completing the Account registration process will always be accurate, honest, correct and up-to-date.
4. Once you complete the Account registration process, we may, in our absolute discretion, choose to accept you as a registered user within the Website and provide you with an Account.
5. We may, in our absolute discretion, suspend or cancel your Account for any reason, including for any failure to comply with these terms.
PRODUCTS
1. We will endeavour to ensure that the Products provided will be substantially the same as the Products displayed on our Website, or as otherwise agreed with you in writing prior to you placing your Order. Please note that due to screen display, colour and brightness, and image quality, Products may not exactly match the image on our Website.
SUBSCRIPTION
1. SUBSCRIPTION TERM
  1. If you purchase a Subscription, your Subscription will grant you access to the full range of Products on the BreakNice website for the term of your Subscription.
  2. The term of the Subscription is 12 months (Initial Term).
  3. You cannot cancel your Subscription during the Initial Term. After the Initial Term, your Subscription will automatically renew on an annual basis (at the price you paid for the Initial Term, on an annual pro-rated basis) unless you let us know by email or through your Account that you would like to cancel your Subscription in accordance with clause 4.2.
2. SUBSCRIPTION CANCELLATION
  1. If you would like to cancel your Subscription after the Initial Period has ended, please provide us with notice at least 7 days prior to the end of the Initial Period (Renewal Date).
  2. We reserve the right to cancel your order for any reason, and will notify you of this as soon as possible. Where payment has already been debited, the full amount will be credited back to your original method of payment.
PAYMENT
1. PAYMENT GENERALLY
  1. All prices are:
    1. per unit (except where indicated);
    2. in Australian Dollars; and
    3. subject to change prior to you completing an Order without notice
  2. (Payment obligations) Unless otherwise agreed in writing, you must pay for all Products at the time of placing an Order.
  3. (GST) Unless otherwise indicated, amounts stated on the Website do not include GST. In relation to any GST payable for a taxable supply by BreakNice, you must pay the GST subject to BreakNice providing a tax invoice.
  4. (Card surcharges) BreakNice reserves the right to charge credit card surcharges in the event that payments are made using a credit, debit or charge card (including Visa, MasterCard or American Express).
  5. (Online payment partner) We may use third-party payment providers (Payment Providers) to collect payments for Products. The processing of payments by the Payment Provider will be, in addition to these terms, subject to the terms, conditions and privacy policies of the Payment Provider and we are not liable for the security or performance of the Payment Provider. We reserve the right to correct, or to instruct our Payment Provider to correct, any errors or mistakes in collecting your payment.
  6. (Pricing errors) In the event that we discover an error or inaccuracy in the price at which your order was purchased (including shipping prices), we will attempt to contact you and inform you of this as soon as possible. You will then have the option of purchasing your order at the correct price, or cancelling your order. If you choose to cancel your order and payment has already been debited, the full amount will be credited back to your original method of payment.
2. PAYMENT FOR INDIVIDUAL PRODUCTS
  1. All prices are:
    1. as displayed and accepted by you at the time of checkout;
    2. payable at the time of placing an Order; and
    3. per Product.
3. PAYMENT FOR SUBSCRIPTIONS
  1. (Renewals) The Fees for your subscription (Subscription Fees) Fees will continue to renew indefinitely on 7 days after each Renewal Date, unless cancelled in accordance with clause 4.2.
  2. (Direct Debit) The Subscription Fees are paid using direct debit (DD). In signing up for a Subscription, you:
    1. authorise direct debit in line with our Payment Provider’s separate DD Authorisation Form and any DD Agreement as applicable;
    2. agree to enter into any DD Agreement required by our Payment Provider;
    3. authorise us to charge your bank account or credit card in advance in line with any DD Authorisation Form and any DD Agreement;
    4. must ensure that there are sufficient funds available in your account to allow our Payment Provider to debit the Fees payable;
    5. acknowledge and agree that there may be additional payments required from the Payment Provider if you miss of fail to make any payment. These terms are separate and in addition to this agreement; and
    6. acknowledge that we will not pay any charge back amount if you fail to cancel your Subscription in accordance with this clause. By choosing a recurring payment plan, you acknowledge that your Subscription has an initial and recurring payment feature and you accept responsibility for all recurring charges prior to your cancellation of your Subscription. We may submit periodic charges for the Subscription Fees without further authorization from you, until you provide prior written notice (receipt of which is confirmed by us) that you have terminated this authorization or wish to change your payment method. Such notice will not affect charges submitted before we could reasonably act on such notice. To terminate your authorization or change your payment method, please contact us via the email address set out on our Website.
  3. (Pricing changes) We reserve the right, from time to time, to change the Subscription Fees. We will notify you in advance if we do this.
VOUCHERS AND DISCOUNT CODES
1. We may provide promotional materials and codes offering a discount on the Products (Voucher). To use a Voucher, you will need to enter its code at checkout.
2. A Voucher may not be applied retrospectively to an Order. Vouchers are non- transferrable and cannot be redeemed for cash or store credit.
3. If any additional terms or conditions apply to the Voucher, these will be set out on the Voucher
CHANGES TO YOUR ORDER
1. CANCELLATION BY US
  1. We reserve the right to cancel your order for any reason, and will notify you of this as soon as possible. Where payment has already been debited, the full amount will be credited back to your original method of payment.
2. CANCELLATION BY YOU
  1. You may cancel your Order up to the time that we confirm your Order in writing to you or provide the Product to you. Once we confirm your Order or provide the Product, your Order is binding and cannot be changed by you. However, our refunds and exchanges process in clause 7.3 may apply.
3. RETURNS AND EXCHANGES
  1. We do not offer change of mind returns.
  2. We will provide a full refund of the price paid for a Product if we determine that:
    1. a Product you have ordered was not received by you solely due to failure by us;
    2. a Product provided to you was not substantially the same as the Product you ordered as displayed on our Website (subject to reasonable variation as a result of screen display, colour and brightness, and image quality); or
    3. a Product is faulty, in accordance with clause 7.3(c), in which case we may provide store credit, a replacement or a full refund of the price paid for a Product.
  3. (Faulty products) The following process applies to any Product you believe to be faulty.
    1. If you believe your Product is faulty, please contact us using the details provided on our Website with a full description of the fault (including images).
    2. If we determine that the Product is faulty, we will issue you with a store credit, replacement or refund (including shipping costs) depending on the nature of the fault. All refunds will be credited back to your original method of payment unless you request otherwise and we approve this request.
    3. If you fail to comply with the provisions of this clause 6 in respect of a faulty Product, we may, in our absolute discretion, issue only a partial refund or no refund in respect of the faulty Product.
    4. Nothing in this clause 6 is intended to limit or otherwise affect the operation of any manufacturers’ warranties which you may be entitled to or any of your rights which cannot be excluded under applicable law.
INTELLECTUAL PROPERTY
1. BreakNice retains all intellectual property rights in the design of the Products, including the labelling and packaging, or those rights are owned by a third party. You must not attempt to copy, reproduce, manufacture or otherwise commercialise the Products.
2. In this clause 8, “intellectual property rights” means all copyright, trade mark, design, patent, trade, business, company and domain names, confidential and other proprietary rights, and any other rights to registration of such rights whether created before or after the date of these terms both in Australia and throughout the world.
THIRD PARTY SUPPLIERS
1. We may do any of the following:
  1. outsource any part of performing any services related to providing the Products, including delivery of your Products; or
  2. procure materials and Products from third party suppliers,
  3. without further notice to or permission from you.
2. To the maximum extent permitted under applicable law, we will not be liable for any acts or omissions of those third parties, including where such third parties cause delay or damage to any part of your Order, or are negligent in providing services or goods.
RATINGS & REVIEWS
1. We may allow you to rate a Product (Rating) and/or provide feedback to us regarding our Products and our service (Review), on the Website.
2. You agree:
  1. to ensure that any Rating is a true and fair reflection of your opinion regarding a Product; and
  2. to provide true, fair and accurate information in your Review.
3. You acknowledge that we may copy, publish, distribute, translate and otherwise use any Rating and Review on the Website and any of our social media platforms.
4. We reserve the right to remove or delete any Rating or Review for any reason.

Part B – For When You Browse This Website…

ACCESS AND USE OF THE WEBSITE
1. You must only use the Website in accordance with these terms and any applicable laws, and must ensure that your employees, sub-contractors and any other agents who use or access the Website comply with these terms and any applicable laws.
YOUR OBLIGATIONS
1. You must not:
  1. copy, mirror, reproduce, translate, adapt, vary, modify, sell, decipher or decompile any part or aspect of the Website without the express consent of BreakNice;
  2. use the Website for any purpose other than the purposes of browsing, selecting or purchasing Products;
  3. use, or attempt to use, the Website in a manner that is illegal or fraudulent or facilitates illegal or fraudulent activity;
  4. use, or attempt to use, the Website in a manner that may interfere with, disrupt or create undue burden on the Website or the servers or networks that host the Website;
  5. use the Website with the assistance of any automated scripting tool or software;
  6. act in a way that may diminish or adversely impact the reputation of BreakNice, including by linking to the Website on any other website; and
  7. attempt to breach the security of the Website, or otherwise interfere with the normal functions of the Website, including by:
    1. gaining unauthorised access to Website accounts or data;
    2. scanning, probing or testing the Website for security vulnerabilities;
    3. overloading, flooding, mailbombing, crashing or submitting a virus to the Website; or
    4. instigate or participate in a denial-of-service attack against the Website.
INFORMATION ON THE WEBSITE
1. While we make every effort to ensure that the information on the Website is as up-to-date and accurate as possible, you acknowledge and agree that we do not (to the maximum extent permitted by law) guarantee that:
  1. the Website will be free from errors or defects (or both, as the case may be);
  2. the Website will be accessible at all times;
  3. messages sent through the Website will be delivered promptly, or delivered at all;
  4. information you receive or supply through the Website will be secure or confidential; and
  5. any information provided through the Website is accurate or true.
2. We reserve the right to change any information or functionality on the Website by updating the Website at any time without notice, including product descriptions, prices and other Website Content.
INTELLECTUAL PROPERTY
1. BreakNice retains ownership of the Website and all materials on the Website (including text, graphics, logos, design, icons, images, sound and video recordings, pricing, downloads and software) (Website Content) and reserves all rights in any intellectual property rights owned or licensed by it not expressly granted to you.
2. You may make a temporary electronic copy of all or part of the Website for the sole purpose of viewing it. You must not otherwise reproduce, transmit, adapt, distribute, sell, modify or publish the Website or any Website Content without prior written consent from Breaknice or as permitted by law.
3. In this clause 14, “intellectual property rights” means all copyright, trade mark, design, patent, semiconductor and circuit layout rights, trade, business, company and domain names, confidential and other proprietary rights, and any other rights to registration of such rights whether created before or after the date of these terms both in Australia and throughout the world.
THIRD PARTY TERMS AND CONDITIONS
1. You acknowledge and agree that third party terms & conditions (Third Party Terms) may apply.
2. You agree to any Third Party Terms applicable to any third party goods and services, and Breaknice will not be liable for any loss or damage suffered by you in connection with such Third Party Terms.
LINKS TO OTHER WEBSITES
1. The Website may contain links to other websites that are not our responsibility. We have no control over the content of any linked websites, and we are not responsible for that content.
2. Inclusion of any linked website on the Website does not imply our approval or endorsement of the linked website.
THIRD PARTY PLATFORM
1. This Website is powered by a third party platform and the terms and conditions of that third party may apply to your use of this Website to the extent applicable to you. Those terms can be accessed here: insert if known.
2. To the maximum extent permitted under applicable law and our agreement with our third party platform provider, we will not be liable for any acts or omissions of that third party, including in relation to any fault or error of the Website or any issues experienced in placing Orders.
SECURITY
1. BreakNice does not accept responsibility for loss or damage to computer systems, mobile phones or other electronic devices arising in connection with use of the Website. You should take your own precautions to ensure that the process that you employ for accessing the Website does not expose you to risk of viruses, malicious computer code or other forms of interference.
REPORTING MISUSE
1. If you become aware of misuse of the Website by any person, any errors in the material on the Website or any difficulty in accessing or using the Website, please contact us immediately using the contact details or form provided on our Website.
COOKIES
1. Types of cookies we use: A cookie is a small file that’s stored on your computer or device when you visit a website that uses cookies. We may use several different cookies on our Website, for the purposes of website functionality, performance, advertising, and social media or content cookies. Cookies enhance your experience on our Website, as it allows us to recognise you, remember your details and preferences (for example, your log-in details), and provide us with information on when you’ve visited and how you’ve interacted with our Website. The below table sets out the type of cookies we may collect on our Website:
  - Strictly necessary cookies – Certain cookies we use are essential for the proper functioning of our Website, without which our Website won’t work or certain features won’t be accessible to you. For example, we may need to remember data you’ve inputted from one page to the next in a single session.
  - Performance cookies – Performance cookies collect information about your use of the Website to help enhance the services we provide to you. We collect information about how you interact with the Website, including the pages you visit and the frequency of your visits. This information helps us identify patterns of usage on the site, collect analytics data, identify issues you may have had on the Website, make changes to enhance your browsing experience, and analyse if our marketing is effective and relevant to you.
  - Functional cookies – We use functional cookies to improve your experience on our Website and make things more convenient for you. These cookies personalise your experience on our Website based on your preferences, by remembering your details such as your login details or region.
    - Security cookies are a type of functional cookie, which assist with website and user account security. Load balancing session cookies are used for the duration of the session to distribute user requests across multiple servers to optimize website speed and capacity. We may also use user interface customization persistent cookies to store a user’s preferred version of our Website, such as font and language preferences.
  - Advertising cookies – Advertising cookies are used on our Website to provide you with targeted marketing materials in accordance with your interests and preferences. These cookies remember that you visited our Website, and we may provide this information to third-parties. These cookies usually cannot personally identify you, so your anonymity is typically secured. These cookies ensure that advertisements displayed to you are things that may be of interest to you.
  - Content cookies – Content cookies are placed by many social media plugins (like plugins that allow you to share content on Facebook), and other tools to enhance the content displayed on a website (for example, services that allow the playing of video files). We integrate these plugins into our Website to improve usability and customer experience. Some of these third party services may place cookies that are also used for the purposes of behavioural advertising or market analysis.
2. How long will cookies stay on my device – The amount of time that a cookie remains on your computer or device depends on the type of cookie – cookies are either “persistent” or “session” cookies. Persistent cookies last until they expire or are deleted, so they may remain on your device for as little as 10 minutes to several years. Session cookies last until you stop browsing, so just for the relevant session.
3. How do third parties use cookies on the website? We may use third party analytics cookies to collect information about your interaction with our Website. We also may use Google Analytics and other third-party analytics providers to help process data. To find out more, see How Google uses data when you use our partners’ sites or apps.
4. How do I control cookies?
  1. Usually, you can control and manage cookies through your browser. You can control whether or not your browser accepts cookies, how to filter and manage cookies, and how to delete cookies at the end of a session.
  2. If you remove or block cookies, this may negatively impact your experience of our Website and you may not be able to access all parts of our Website.
  3. Many third party advertising services allow you to opt out of their tracking systems, by giving you the opportunity to opt out by way of a pop-up before downloading cookies to your device.

Part C – Liability And Other Legal Terms

LIABILITY
1. (Liability) To the maximum extent permitted by applicable law, Breaknice limits all liability in aggregate of all claims to you (and any third parties who encounter the services or goods through you) for loss or damage of any kind, however arising whether in contract, tort (including negligence), statute, equity, indemnity or otherwise, arising from or relating in any way to this agreement or any goods or services provided by Breaknice to the total Fees paid by you to Breaknice under the most recent Order.
2. Claims for loss of or damage to Products in transit must be made against the carrier.
3. Products sold by Breaknice, will have only the benefit of any warranty given, and insurance held, by the manufacturer.
4. All other express or implied representations and warranties in relation to Products and the associated services performed by Breaknice are, to the maximum extent permitted by applicable law, excluded.
5. Nothing in this agreement is intended to limit the operation of the Australian Consumer Law contained in the Competition and Consumer Act 2010 (Cth) (ACL). Under the ACL, you may be entitled to certain remedies (like a refund, replacement or repair) if there is a failure with the goods or services we provide.
6. (Indemnity) You indemnify Breaknice and its employee, contractors and agents in respect of all liability for any claim(s) by any person (including any third party who encounter the services or goods through you) arising from your or your representatives’:
  1. breach of any third party intellectual property rights;
  2. breach of any of these terms;
  3. use of the Website;
  4. negligent, wilful, fraudulent or criminal act or omission; or
  5. use of any goods or services provided by Breaknice.
7. (Consequential loss) To the maximum extent permitted by law, under no circumstances will Breaknice be liable for any incidental, special or consequential loss or damages, or damages for loss of data, business or business opportunity, goodwill, anticipated savings, profits or revenue arising under or in connection with this Website, these terms or any Products or services provided by Breaknice (except to the extent this liability cannot be excluded under the Competition and Consumer Act 2010 (Cth)).
GENERAL
1. GOVERNING LAW AND JURISDICTION
  1. This agreement is governed by the law applying in Western Australia, Australia. Each party irrevocably submits to the exclusive jurisdiction of the courts of Western Australia, Australia and courts of appeal from them in respect of any proceedings arising out of or in connection with these terms. Each party irrevocably waives any objection to the venue of any legal process on the basis that the process has been brought in an inconvenient forum.
2. WAIVER
  1. No party to these terms may rely on the words or conduct of any other party as a waiver of any right unless the waiver is in writing and signed by the party granting the waiver.
3. SEVERANCE
  1. Any term of these terms which is wholly or partially void or unenforceable is severed to the extent that it is void or unenforceable. The validity and enforceability of the remainder of these terms is not limited or otherwise affected.
4. JOINT AND SEVERAL LIABILITY
  1. An obligation or a liability assumed by, or a right conferred on, two or more persons binds or benefits them jointly and severally.
5. ASSIGNMENT
  1. A party cannot assign, novate or otherwise transfer any of its rights or obligations under these terms without the prior written consent of the other party.
6. COSTS
  1. Except as otherwise provided in these terms, each party must pay its own costs and expenses in connection with negotiating, preparing, executing and performing these terms.
7. ENTIRE AGREEMENT
  1. This agreement embodies the entire agreement between the parties and supersedes any prior negotiation, conduct, arrangement, understanding or agreement, express or implied, in relation to the subject matter of these terms.
8. INTERPRETATION
  1. (singular and plural) words in the singular includes the plural (and vice versa);
  2. (currency) a reference to $, or “dollar”, is to Australian currency;
  3. (gender) words indicating a gender includes the corresponding words of any other gender;
  4. (defined terms) if a word or phrase is given a defined meaning, any other part of speech or grammatical form of that word or phrase has a corresponding meaning;
  5. (person) a reference to “person” or “you” includes an individual, the estate of an individual, a corporation, an authority, an association, consortium or joint venture (whether incorporated or unincorporated), a partnership, a trust and any other entity;
  6. (party) a reference to a party includes that party’s executors, administrators, successors and permitted assigns, including persons taking by way of novation and, in the case of a trustee, includes any substituted or additional trustee;
  7. (these terms) a reference to a party, clause, paragraph, schedule, exhibit, attachment or annexure is a reference to a party, clause, paragraph, schedule, exhibit, attachment or annexure to or of these terms, and a reference to these terms includes all schedules, exhibits, attachments and annexures to it;
  8. (document) a reference to a document (including these terms) is to that document as varied, novated, ratified or replaced from time to time;
  9. (headings) headings and words in bold type are for convenience only and do not affect interpretation;
  10. (includes) the word “includes” and similar words in any form is not a word of limitation; and
  11. (adverse interpretation) no provision of these terms will be interpreted adversely to a party because that party was responsible for the preparation of these terms or that provision.
9. NOTICES
  1. Any notices required to be sent under this agreement must be sent via email using the party’s email addresses set out in this agreement, and the email’s subject heading must refer to the name and date of this agreement.
  2. If no email address is stated in this agreement, the notice may be sent to the email address most commonly used by the parties to correspond in relation to this agreement at the time the notice is sent.
  3. The notice will be considered to be delivered 24 hours after it was sent, unless the sender has reason to believe the email failed to send or was otherwise not delivered or received.

Terms and conditions