These Website Terms and Conditions (Terms) govern access to and use of this site (Website).
By accessing or using the Website, creating an account, placing an order, making a booking, purchasing a membership or subscription, or clicking an acceptance control, you agree to these Terms. If you do not agree, you must not use the Website or complete the relevant transaction.
Additional terms may apply to particular goods, services, quotations, bookings, memberships, subscriptions or promotions. If additional terms conflict with these Terms, the additional terms apply to the extent of the inconsistency for the relevant transaction, subject to applicable law.
You must have legal capacity to enter into a binding contract. If you use the Website on behalf of an organisation, you warrant that you have authority to bind that organisation. A parent or legal guardian must approve use or purchases by a person who lacks contractual capacity, where permitted.
We may amend these Terms prospectively by publishing an updated version with a new published date. Changes do not retrospectively alter a completed transaction unless required by law or agreed by the parties. For an ongoing service, membership or subscription, we will give any notice required by the applicable agreement and law. If a material change is detrimental, any cancellation right stated in the relevant module or applicable law will apply.
We take reasonable care when preparing Website content, but content may contain errors, omissions or outdated information. General Website content is not tailored advice. You should make your own enquiries and obtain professional advice where appropriate. Nothing in this clause excludes liability for misleading or deceptive conduct or any other liability that cannot lawfully be excluded.
Unless stated otherwise, the Website and its content, including text, graphics, logos, branding, images, video, documents, software, code and design, are owned by or licensed to us and are protected by intellectual property law.
We grant you a limited, non-exclusive, non-transferable and revocable licence to access and use the Website for personal use or legitimate internal business purposes. You must not reproduce, adapt, distribute, republish, commercialise, reverse engineer or remove rights notices from Website content without prior written permission, except as permitted by law.
You must not:
We may take reasonable protective action, including restricting access, removing content, suspending accounts and reporting suspected unlawful activity. Any action will be subject to applicable law and the terms governing paid services.
The Website may link to or integrate third-party websites, payment providers, booking systems, maps, social platforms and other services. Third parties operate under their own terms and policies. A link or integration does not of itself constitute endorsement. We are not responsible for a third party’s acts or omissions except to the extent we cannot lawfully exclude responsibility.
We may maintain, modify, suspend or discontinue Website functionality. We do not promise uninterrupted or error-free access. For paid digital or subscription services, any service-level, outage-credit or termination rights are governed by the applicable service terms and non-excludable law.
Our Privacy Policy explains how we handle personal information. It forms a separate policy and does not reduce any obligation imposed by privacy law.
Nothing in these Terms excludes, restricts or modifies any consumer guarantee, right, remedy, condition or warranty conferred by the Competition and Consumer Act 2010 (Cth), including the Australian Consumer Law (ACL), or any other law that cannot lawfully be excluded, restricted or modified.
Consumer guarantees apply automatically where the ACL applies. For goods, these guarantees may include acceptable quality, fitness for a disclosed purpose, correspondence with description or sample, and title. For services, they may include due care and skill, fitness for a stated purpose and supply within a reasonable time where no time is fixed.
Consumer guarantees are not limited to any manufacturer’s warranty, voluntary warranty or stated warranty period. Any warranty we provide is additional to, and does not replace, rights and remedies under the ACL.
If goods fail to meet a consumer guarantee, the available remedy depends on whether the failure is major or can be remedied and is not major.
Where there is a major failure, the consumer may reject the goods and choose a refund or replacement of the same type and similar value, or keep the goods and recover compensation for the reduction in value, subject to the ACL. A major failure may arise where a reasonable consumer would not have acquired the goods had the nature and extent of the failure been known, the goods materially depart from description or sample, are substantially unfit for a common or disclosed purpose and cannot easily be made fit within a reasonable time, or are unsafe.
Where a failure is not major and can be remedied, we may choose to repair the goods, replace them, provide a refund or otherwise remedy the failure within a reasonable time. If we do not remedy the failure within a reasonable time, the consumer may obtain a remedy available under the ACL, which may include having the failure remedied elsewhere and recovering reasonable costs, or rejecting the goods where permitted.
We may inspect or assess goods before providing a remedy. We may request reasonable proof of purchase, which may include a receipt, order confirmation, financial statement or other evidence showing the transaction. The absence of an original receipt does not automatically prevent a valid claim where other acceptable proof is available.
The consumer is generally responsible for returning goods that can be returned without significant cost. Where goods are large, heavy or difficult to remove and the failure is covered by the ACL, we will arrange collection or otherwise meet obligations imposed by the ACL. If inspection shows that the goods do not breach a consumer guarantee, we may recover reasonable inspection, transport or service costs only where legally permitted and disclosed before those costs are incurred.
A consumer may approach us as the supplier for remedies we are required to provide. We will not require a consumer to pursue the manufacturer or importer instead of us where the ACL places responsibility on us.
Where a service has a major failure, the consumer may cancel the service contract and obtain a refund for the unused portion, or continue the contract and recover compensation for the difference between the service supplied and the price paid, subject to the ACL. A service failure may be major where a reasonable consumer would not have acquired the service had the nature and extent of the failure been known, the service is substantially unfit for its common or disclosed purpose and cannot readily be made fit within a reasonable time, or the service creates an unsafe situation.
Where a service failure is not major and can be remedied, we may remedy the failure within a reasonable time. If we do not do so, the consumer may have the failure remedied elsewhere and recover reasonable costs, or cancel the contract where permitted by the ACL.
A consumer may also be entitled to compensation for reasonably foreseeable loss or damage caused by a failure to comply with a consumer guarantee. Nothing in these Terms limits that entitlement where it cannot lawfully be limited.
Refunds required by the ACL will be provided as required by law. We will not substitute store credit for a monetary refund unless the consumer agrees or store credit is otherwise permitted by law. Refunds will ordinarily be made using the original payment method, unless that method is unavailable or another method is agreed.
The ACL does not provide an automatic remedy merely because a customer changes their mind. We do not accept change-of-mind returns for live beneficial insects, because they are perishable. For other goods, change-of-mind requests must be made within 30 days of purchase or delivery, the goods must be unused and in original condition, and returns are subject to inspection and approval. This does not affect any right or remedy available under the Australian Consumer Law.
Subject to non-excludable rights, change-of-mind returns may be refused for goods that are used, damaged after delivery, customised, personalised, made to order, custom-built, one-off, perishable, clearance stock identified as such, digital products already supplied, or hygiene-sensitive goods where the seal has been broken. Custom-built, made-to-order, personalised or one-off goods are not eligible for change-of-mind returns, exchanges or refunds unless faulty, not as described, not fit for purpose, or another remedy is required under the ACL. These exclusions do not apply where an ACL remedy is available.
To request a return or remedy, contact us through our Contact page and provide your name, order details, proof of purchase, a description of the issue and supporting photographs where reasonable. Do not return goods until return instructions have been provided, unless the law permits otherwise. This process does not prevent a consumer from exercising rights under the ACL.
For voluntary change-of-mind returns, the customer is responsible for return shipping unless we agree otherwise. Shipping costs for voluntary returns are not refundable unless we agree otherwise or the law requires a different outcome. Where a return is required because of a failure covered by the ACL, return shipping, collection or reimbursement will be handled as required by law. For higher-value items, customers should consider using a trackable shipping service or suitable transit cover when arranging a voluntary return.
We will process refunds we are required to provide under the ACL within a reasonable time. Any other refund, including a change-of-mind refund, is at our discretion. Financial institutions or payment providers may require additional processing time outside our control. Any timeframe stated here does not permit us to delay an ACL remedy unreasonably.
A customer may request cancellation of an order, booking or service in writing before the item has begun production or tracked shipping has commenced. A cancellation request is effective when received by us in writing at the contact details provided in these Terms. If production has begun, tracked shipping has commenced, or third-party costs have been incurred, cancellation may be refused or any refund may be reduced to reflect reasonable costs, work performed, committed costs and applicable law. This clause does not limit any right or remedy available under the ACL.
Any cancellation fee, retained deposit or administration charge must be clearly disclosed before the transaction and must be reasonably related to costs, losses, work performed, capacity reserved and the timing of cancellation. It is not intended to operate as a penalty. If the amount retained would exceed our reasonable loss or is otherwise unlawful or unfair, it will be reduced to the lawful amount.
A deposit or prepayment will be applied to the purchase price. If the customer cancels, we may retain only the amount permitted by the agreed cancellation policy and applicable law. If we cancel and do not provide an equivalent alternative accepted by the customer, we will refund amounts paid for the unprovided goods or services, subject to non-excludable rights and any lawful exception.
We may cancel or suspend a transaction where supply is unavailable, payment is not received, information is materially incorrect, fraud or unlawful conduct is reasonably suspected, safety is at risk, or an event outside reasonable control prevents supply. We will give reasonable notice where practicable and provide any refund, alternative supply or other remedy required by law. We will not rely on this clause to avoid responsibility for matters within our reasonable control where doing so would be unlawful or unfair.
A cooling-off right applies only where provided by law or expressly offered in the applicable transaction terms. Nothing in this clause limits cooling-off rights applying to unsolicited consumer agreements or another regulated transaction.
Consumer guarantees are automatic statutory rights. A manufacturer’s warranty, extended warranty or warranty against defects is an additional promise and does not replace or limit consumer guarantees. Consumer guarantees may continue after a stated warranty period has expired, depending on the circumstances, including the nature, price and expected durability of the goods or services.
Where goods include a manufacturer’s warranty, warranty claims may be made under that warranty in accordance with its terms. Where the ACL gives the consumer a remedy against us as supplier, the consumer may claim that remedy from us and is not required to deal only with the manufacturer.
If we provide a written warranty against defects, its separate warranty document or schedule must state the warranty period, what the warrantor will do, how a claim is made, who bears claim expenses, the warrantor’s name, business address, telephone number and email address, and the mandatory wording prescribed by the Competition and Consumer Regulations 2010 (Cth) for the relevant goods, services, or goods and services. The warranty must be given in a form that complies with applicable law.
A voluntary warranty may exclude failures caused by misuse, accidents, unauthorised modification, failure to follow reasonable instructions, abnormal operating conditions or ordinary wear and tear, but only to the extent permitted by the warranty terms and law. These exclusions do not remove any ACL rights that apply despite the stated exclusion.
Any optional extended warranty is separate from consumer guarantees. We will not represent that an extended warranty is required to obtain rights already available under the ACL. The price, duration, coverage, exclusions and claim procedure must be disclosed before purchase.
To the maximum extent permitted by law, we exclude liability arising solely from general Website use for indirect or consequential loss that was not reasonably foreseeable, and for loss caused by matters outside our reasonable control. This exclusion does not apply to liability that cannot lawfully be excluded or limited, including liability arising under non-excludable consumer guarantees.
Where the ACL permits liability for services not ordinarily acquired for personal, domestic or household use or consumption to be limited, our liability may, at our option, be limited to supplying the services again or paying the cost of having the services supplied again. This limitation does not apply where it would be unfair or unreasonable, or where the law does not permit it.
To the extent permitted by law, you indemnify us against loss reasonably incurred because of your unlawful use of the Website, material breach of these Terms or infringement of third-party rights. The indemnity is reduced to the extent that our act or omission, or that of another person, caused or contributed to the loss. It does not apply to the extent it would be unfair, unlawful or exclude a non-excludable right.
We may suspend or terminate access where reasonably necessary because of a material breach, unlawful conduct, non-payment, fraud, security risk or misuse. For paid or ongoing services, we will comply with applicable notice, refund and termination requirements. Clauses intended to survive termination, including intellectual property, accrued payment obligations, liability provisions and dispute terms, continue to apply.
Contact us first using the details below and provide enough information for us to review the issue. We will act reasonably and attempt to resolve the matter. Nothing in this clause prevents either party from exercising a statutory right, contacting a regulator or consumer protection agency, or seeking urgent or other lawful relief.
If any provision is invalid, illegal or unenforceable, it will be read down to the minimum extent necessary or severed, without affecting the remaining provisions. A failure to enforce a right is not a waiver. We may assign these Terms as part of a genuine business sale or restructure where lawful and where the assignment does not materially reduce a consumer’s rights. You may not assign your rights or obligations without consent where the nature of the arrangement reasonably requires our consent.
A Website enquiry is not an accepted service engagement. Scope, assumptions, fees, timing, dependencies and deliverables are governed by an accepted quotation, proposal or service agreement.
Variations require agreement and may affect fees and timing. Neither party is liable for delay caused by the other party’s failure to provide required access, information, approval or dependencies, subject to applicable law.
Cancellation fees may cover completed work, committed third-party costs and reasonably incurred loss, but must not operate as a penalty or remove ACL remedies.
These Terms are governed by the laws of Queensland and Australia. The courts of Queensland and courts entitled to hear appeals from them have non-exclusive jurisdiction. This clause does not prevent a consumer from relying on a right to bring proceedings in another jurisdiction where applicable law permits.
BioResources Pty Ltd
Trading as: BioResources
ABN: 12 078 989 081
Address: D’Aguilar QLD 4514
Phone: 0492 247 176
Enquiries: Contact page
Website: bioresources.com.au