Security, Privacy & Terms

SECURITY AND PRIVACY

Be Heers Pty Ltd [ABN 51 156 418 290] has created this Privacy Policy in order to demonstrate our firm commitment to protecting your personal information.

The following discloses our information gathering and dissemination practices relating to the website located at http://www.beheers.com.au and other services that we may make available from time to time to users in Australia (together, the “Services”). We will not share your personal information with anyone except as described in the Privacy Policy below. By using the Services, you consent to the collection and use by us of any personal and other information you provide whilst using the Services in accordance our Privacy Policy (this “Privacy Policy”). If you do not agree to the Privacy Policy, please do not use the Services. 

In Australia, we collect personal information in accordance with the relevant privacy laws in Australia including the Privacy Act 1988 (Cth) (the Privacy Act) which regulates the way that we collect, use, keep secure and disclose personal information. We have adopted the ten National Privacy Principles (NPPs) described in the Privacy Act together with the obligations contained in the Spam Act (Cth). These NPPs set the base line standards for privacy protection. In Australia, the Services are provided by Be Heers Pty Ltd, which is the solely responsible for protecting your information in accordance with this Privacy Policy.

If you have any questions about how we collect, store and use your personal information and data please contact us as follows or in order to access or correct your personal information:

Email us: customers@beheers.com.au

Write to us at the following address (“Attention: Online Privacy”):

Be Heers Pty Ltd, P.O.Box 447, Kellyville, NSW 2155, Australia

OUR PRIVACY POLICY

Unless required to do so by law, we will not otherwise share, sell or distribute any of the information you provide to us without your consent.

Be Heers Pty Ltd committed to preserving the privacy of all visitors to our website at www.beheers.com.au. Please read the following privacy policy to understand how we use and protect the information that you provide to us.

By registering or placing an order on this website, you consent to the collection, use and transfer of your information under the terms of this policy.

1. Information that we collect from you

When you visit, register or order products or services on http://www.beheers.com.au/ you may be asked to provide certain information about yourself including your name, contact details and credit or debit card information.

We may also collect information about your usage of our website as well as information about you from messages you post to the website and e-mails or letters you send to us.

2. Use of your information

Your information will enable us to provide you with access to all parts of our website and to supply the goods or services you have requested. It will also enable us to bill you and to contact you where necessary concerning your orders. We will also use and analyse the information we collect so that we can administer, support, improve and develop our business.

In particular, we may use your information to contact you for your views on our services and to notify you occasionally about important changes or developments to the website or our services. Furthermore, where you have consented, we might also use your information to let you know by email about other products and services which we offer which may be of interest to you. If you change your mind about being contacted in the future, please let us know.

3. Disclosure of your information

Be Heers Pty Ltd will not release any personally identifiable information to third parties without your consent except as follows:

Anyone providing us their personally identifiable information grants us and our affiliates, the right to use their information for the provision of Services to you and for the benefit of Be Heers Pty Ltd without restrictions for the purposes that include, without limitation, research, marketing, and content and lead development.

Be Heers Pty Ltd may share information we collect with our business and third party marketing partners. If we share your information, we will request that such third parties treat your information in accordance with this Privacy Policy and refrain from disclosing or using your personally identifiable information for purposes other than for the provision of Services to you or for the benefit of Be Heers Pty Ltd. Be Heers Pty Ltd does not provide personally identifiable information to unaffiliated third parties for use in marketing directly to you. To the extent required, you hereby authorize this use of your personally identifiable information.

We may disclose information we collect, including personally identifiable information, to third parties as required or permitted by law. For example, we may disclose information:

to regulators;

  • to law enforcement authorities pursuant to an official request;
  • to vendors who provide us with services; and
  • to companies that may acquire part or all of Be Heers Pty Ltd or an affiliated company.

Be Heers Pty Ltd is not responsible for the protection of the information you provide to other websites. You should be aware that when you voluntarily disclose personally identifiable information through other applications and websites, such information can be collected and used by others and may result in unsolicited communications.

4. Cookies

Cookies are small amounts of information which we may store on your computer.

Unless you have indicated your objection when disclosing your details to us, our system will issue cookies to your computer when you log on to the site. Cookies make it easier for you to log on to and use the site during future visits. They also allow us to monitor website traffic and to personalise the content of the site for you. You may set up your computer to reject cookies by following the relevant instructions which can be found at www.aboutcookies.org. In that case, you may not be able to use certain features on our site. If you do not wish to receive cookies in the future, please let us know.

5. Security and data retention

We employ security measures to protect your information from access by unauthorised persons and against unlawful processing, accidental loss, destruction and damage. We will retain your information for a reasonable period or as long as the law requires.

6. Accessing and updating

You are entitled to see the information held about you and you may ask us to make any necessary changes to ensure that it is accurate and kept up to date. If you wish to do this, please contact us.

7. Changes to our privacy policy

Any changes to our privacy policy in the future will be posted to the website and, where appropriate, through e-mail notification.

8. Contact

All comments, queries and requests relating to our use of your information are welcomed and should be addressed to customers@beheers.com.au.

OUR TERMS & CONDITIONS

YOUR USE OF THE SERVICES CONSTITUTES YOUR ACCEPTANCE OF THIS AGREEMENT AND INDICATES YOUR WILLINGNESS TO BE BOUND BY THESE TERMS OF USE.

These terms and conditions apply to the use of this website at www.beheers.com.au. By accessing this website and/or placing an order, you agree to be bound by these terms and conditions. Using this website indicates that you accept these terms regardless of whether or not you choose to register with us or order from us. If you do not accept these terms, do not use this website.

1. Introduction

1.1 You will be able to access most areas of this Website without registering your details with us. Certain areas of this Website are only open to you if you register.

1.2 We may revise these terms and conditions at any time by updating this posting. You should check this Website from time to time to review the then current terms and conditions, because they are binding on you. Certain provisions of these terms and conditions may be superseded by expressly designated legal notices or terms located on particular pages of this Website. If you do not wish to accept any new terms and conditions after we have given notice, you should not continue to use this Website.

2. Ordering from us

2.1 You are deemed to place an order with us by ordering via our online checkout process. As part of our checkout process, and before placing your order, you will be given the opportunity to check your order and to correct any errors. We will send you an order acknowledgement, detailing the products you have ordered and the delivery address entered.

2.2 Our acceptance of an order takes place when we dispatch the order. We will send you a dispatch confirmation by email. When we dispatch the order the purchase contract will be made even if your payment has been processed immediately, unless we have notified you that we do not accept your order or you have cancelled your order.

2.3 We may refuse to accept an order:
(a) where goods are not available;
(b) where we cannot obtain authorisation for your payment;
(c) if there has been a pricing or product description error; or
(d) if you do not meet any eligibility criteria set out in our terms and conditions.

2.4 We will not be held liable for any loss caused by you entering your address incorrectly into the website or not collecting a parcel within the courier’s timeframe. Should a courier charge us for returning an uncollected item, we reserve the right to charge your card with the cost charged to us by the courier for returning the item to us and for dispatching the parcel again to your nominated delivery address.

2.5 If an item is not delivered by the courier we use, we will claim a refund from them. We withhold the right to charge your card for the original amount if there is evidence of non co-operation with them during their enquires.

2.6 If you have not been present when a parcel has been delivered then the item will be returned to the depot. It is your responsibility to collect the item from the depot within the time period stated by the courier, if the item is not collected then the parcel will be returned to us. The couriers will charge for returning the items to us, and we will pass this charge onto you as a result. You will be notified of this charge via email and the charge will be taken from the original card you placed your order with.

2.7 The delivery timescales quoted on our website are estimates, and should only be used as guidance. The vast majority of our orders do arrive within these timescales; however, we would ask that you wait 5 working days past the last estimate day before contacting us should your parcel not arrive within the delivery estimate timescale. This allows for any local delays affecting the Australia Post/the courier used.

3. Pricing

3.1 Our prices include GST at the current rate.

3.2 Where we charge separately for packing, carriage and insurance and other relevant charges, the appropriate rates are set out in our specified pricing structure shown elsewhere on this Website.

3.3 Our prices are reviewed periodically.

4. Cancellation and returns policy

4.1 If you wish to cancel your order:
(a) you can notify us by email to customers@beheers.com.au before we have packed or dispatched the goods to you; or
(b) where goods have already been dispatched to you, by returning goods to us in accordance with clause 4.2 below.

4.2 You can return goods you have ordered from us only when the product is faulty or damaged within 14 days of receipt for a full refund or exchange. Sale item or simply change of mind will only be issued for credit note. The cost and responsibility of returning goods to us shall be borne by you. We recommend you obtain proof of posting.

4.3 Upon receipt of the goods we will give you a full refund of the amount paid or an exchange credit as required. Where free delivery has been offered with the order then there will be a charge at the standard rate of delivery applied. The current pricing can be found on our delivery details page.

4.4 The rights to return the goods to us as referred to in clause 4.3 will not apply in the event that the product has been used, or the product is not in a saleable condition, upon return to us, or if any seal on the packaging for the product has been broken.
The provisions of this clause 4.4 do not affect your statutory rights.

Our returns address is as follows:
Be Heers Pty Ltd
P.O.Box 447
Kellyville
NSW 2155
Australia

5. Licence

5.1 Unless otherwise stated, the copyright and other intellectual property rights in all material on this Website (including without limitation photographs and graphical images) are owned by us or our licensors. For the purposes of these terms and conditions, any use of extracts from this Website for any purpose is prohibited. If you breach any of the terms in these terms and conditions, your permission to use this Website automatically terminates and you must immediately destroy any downloaded or printed extracts from this Website.

5.2 No part of this Website may be reproduced or stored in any other website or included in any public or private electronic retrieval system or service without our prior written permission.

5.3 Any rights not expressly granted in these terms are reserved.

6. Service access

6.1 While we endeavour to ensure that this Website is normally available 24 hours a day, we will not be liable if for any reason this Website is unavailable at any time or for any period.

6.2 Access to this Website may be suspended temporarily and without notice in the case of system failure, maintenance or repair or for reasons beyond our control.

7. Visitor material and conduct

7.1 Other than personally identifiable information, which is covered under the Privacy Policy, any material you transmit or post to this Website will be considered non-confidential and non-proprietary. We will have no obligations with respect to such material. We and our nominees will be free to copy, disclose, distribute, incorporate and otherwise use such material and all data, images, sounds, text and other things embodied therein for any and all commercial or non-commercial purposes.

7.2 You are prohibited from posting or transmitting to or from this Website any material:
(a) that is threatening, defamatory, obscene, indecent, seditious, offensive, pornographic, abusive, liable to incite racial hatred, discriminatory, menacing, scandalous, inflammatory, blasphemous, in breach of confidence, in breach of privacy or which may cause annoyance or inconvenience;
(b) for which you have not obtained all necessary licences and/or approvals;
(c) which constitutes or encourages conduct that would be considered a criminal offence, give rise to civil liability, or otherwise be contrary to the law of or infringe the rights of any third party, in the Australia or any other country in the world; or
(d) which is technically harmful (including, without limitation, computer viruses, logic bombs, Trojan horses, worms, harmful components, corrupted data or other malicious software or harmful data).

7.3 You may not misuse the Website (including, without limitation, by hacking).

7.4 We will fully co-operate with any law enforcement authorities or court order requesting or directing us to disclose the identity or locate anyone posting any material in breach of clauses 7.2 or 7.3.

8. Links to and from other websites

8.1 Links to third party websites on this Website are provided solely for your convenience. If you use these links, you leave this Website. We have not reviewed all of these third party websites and do not control and are not responsible for these websites or their content or availability. We therefore do not endorse or make any representations about them, or any material found there, or any results that may be obtained from using them. If you decide to access any of the third party websites linked to this Website, you do so entirely at your own risk.

8.2 If you would like to link to this Website, you may only do so on the basis that you link to, but do not replicate, the home page of this Website, and subject to the following conditions:

(a) you do not remove, distort or otherwise alter the size or appearance of the Aromatherapy Associates and Codage Paris logo;
(b) you do not create a frame or any other browser or border environment around this Website;
(c) you do not in any way imply that we are endorsing any products or services other than our own;
(d) you do not misrepresent your relationship with us nor present any other false information about us;
(e) you do not otherwise use any Aromatherapy Associates and Codage Paris trade marks displayed on this Website without our express written permission;
(f) you do not link from a website that is not owned by you; and
(g) your website does not contain content that is distasteful, offensive or controversial, infringes any intellectual property rights or other rights of any other person or otherwise does not comply with all applicable laws and regulations.
We expressly reserve the right to revoke the right granted in this clause 8.2 for breach of these terms and to take any action we deem appropriate.

8.3 You shall fully indemnify us for any loss or damage we or any of our group companies may suffer or incur as a result of your breach of clause 8.2.

9. Registration

9.1 To register with http://www.beheers.com.au you must be over 13 years of age. If you are under the age of 13, you can use the Services only in conjunction with, and under the supervision of, a parent or guardian. If you do not qualify, please do not use the Services.

9.2 Each registration is for a single user only. We do not permit you to share your user name and password with any other person nor with multiple users on a network.

9.3 Responsibility for the security of any passwords issued rests with you and if you know or suspect that someone else knows your password, you should contact us immediately.

9.4 We may suspend or cancel your registration immediately at our reasonable discretion or if you breach any of your obligations under these terms and conditions.

10. Disclaimer and NO WARRANTY

10.1 While we endeavour to ensure that the information on this Website is correct, we do not warrant the accuracy and completeness of the material on this Website. We may make changes to the material on this Website, or to the products and prices described in it, at any time without notice. The material on this Website may be out of date, and we make no commitment to update such material.

10.2 The information on this Website is provided “as is” without any conditions, warranties or other terms of any kind.

10.3 THE SERVICES AND CONTENT ARE PROVIDED “AS IS” AND WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, ALL IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT, WHICH ARE HEREBY EXPRESSLY DISCLAIMED TO THE FULLEST EXTENT PERMISSIBLE PURSUANT TO APPLICABLE LAW. THE COMPANY SHALL NOT BE RESPONSIBLE OR LIABLE TO ANY USER FOR ANY ACTS OF FRAUD, THEFT, MISAPPROPRIATION, TAMPERING, HACKING, INTERCEPTION, PIRACY, MISUSE, MISREPRESENTATION, DISSEMINATION, OR OTHER ILLEGAL OR UNAUTHORISED ACTIVITIES OF THIRD PARTIES. YOU UNDERSTAND AND EXPRESSLY AGREE THAT YOUR USE OF THE SERVICES AND THE CONTENT IS AT YOUR SOLE RISK, THAT ANY AND ALL CONTENT, MATERIAL AND DATA UPLOADED, DOWNLOADED OR OTHERWISE OBTAINED THROUGH YOUR USE OF THE SERVICES ARE AT YOUR OWN DISCRETION AND RISK AND THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOU, YOUR PROPERTY OR ANY THIRD PARTY OR THEIR PROPERTY ARISING FROM USE OF THE SERVICES OR THE CONTENT. BE HEERS PTY LTD SHALL NOT BE RESPONSIBLE FOR SHIPPING OR FULFILLMENT DELAYS, THE CANCELLATION OF ANY TRANSACTION OR THE UNAVAILABILITY OF ANY PRODUCT.

TO THE EXTENT THAT THE APPLICABLE LAW DOES NOT PERMIT THE DISCLAIMER OF WARRANTIES, THE PRODUCTS, SERVICES AND CONTENT ARE WARRANTED ONLY TO THE MINIMUM AMOUNT LEGALLY REQUIRED.

11. NO LIABILITY

11.1 You understand that your use of the Services is at your own risk. Be Heers Pty Ltd shall not be responsible for any damages that may arise in connection with any transaction, your use of the Services or these Terms of Use.

11.2 TO THE FULLEST EXTENT PERMISSIBLE BY LAW , THE BE HEERS PTY LTD SHALL NOT BE RESPONSIBLE OR LIABLE TO YOU OR ANY THIRD PARTIES CLAIMING THROUGH OR UNDER YOU UNDER ANY CIRCUMSTANCES FOR ANY LOST PROFITS, LOST DATA, EQUIPMENT DOWNTIME, OR FOR ANY INDIRECT, CONSEQUENTIAL, SPECIAL, OR EXEMPLARY DAMAGES OR LOSSES, ARISING OUT OF YOUR ACCESS, USE OR INABILITY TO USE THE SERVICES OR ANY CONTENT, INCLUDING BUT NOT LIMITED TO INTERRUPTIONS OR DELAYS IN TRANSMISSION, REGARDLESS OF THE TYPE OF CLAIM OR THE NATURE OF THE CAUSE OF ACTION, EVEN IF ANY OF BE HEERS PTY LTD HAVE BEEN ADVISED OF THE POSSIBILITY OF DAMAGE OR LOSS. IF YOU ARE DISSATISFIED WITH THE SERVICES, FULFILLMENT OF ANY ORDER, DO NOT AGREE WITH ANY PART OF THIS AGREEMENT OR HAVE ANY OTHER DISPUTE OR CLAIM WITH OR AGAINST ANY OF BE HEERS PTY LTD RELATED TO THE SERVICES OR ANY CONTENT, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USE OF THE SERVICES. THE FOREGOING LIMITATIONS SHALL APPLY NOTWITHSTANDING ANY FAILURE OF ESSENTIAL PURPOSE OF ANY LIMITED REMEDY, AND TO THE EXTENT APPLICABLE LAW MAY NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, THE FOREGOING LIMITATION MAY NOT APPLY TO YOU. YOU ACKNOWLEDGE AND AGREE THAT IN THE ABSENCE OF THIS LIMITATION OF LIABILITY THESE TERMS OF USE WOULD BE MATERIALLY DIFFERENT OR YOU WOULD NOT BE GRANTED ACCESS TO THE WEBSITE

12. Governing law and jurisdiction

12.1 These terms and conditions shall be governed by and construed in accordance with Australia law. Disputes arising in connection with these terms and conditions shall be subject to the exclusive jurisdiction of the courts.

12.2 We do not warrant that materials/items for sale on the Website are appropriate or available for use outside the Australia. It is prohibited to access the Website from territories where its contents are illegal or unlawful. If you access this Website from locations outside the Australia, you do so at your own risk and you are responsible for compliance with local laws.

13. Miscellaneous

13.1 You may not assign, sub-license or otherwise transfer any of your rights under these terms and conditions.

13.2 If any provision of these terms and conditions is found by any court of competent jurisdiction to be invalid, the invalidity of that provision will not affect the validity of the remaining provisions which shall continue to have full force and effect.

13.3 The Content, the Services and these Terms of Use are subject to change and updating by Be Heers Pty Ltd and our affiliates, licensees, partners, agents and representatives at any time without prior notice. The changes may include superseding terms and conditions. YOU SHOULD REVIEW THIS AGREEMENT FROM TIME TO TIME TO BE AWARE OF ANY CHANGES THAT ARE MADE. Your continuing use of any Be Heers Pty Ltd Services constitutes your acceptance of any change or update, all of which shall become controlling when posted.

The www.beheers.com.au website is operated by: Be Heers Pty Ltd, a company registered in Australia. Our company registration number (ACN) is 156 418 290.

Our contact details are as follows:
Be Heers Pty Ltd
P.O.Box 447
Kellyville
NSW 2155
Australia