Terms of Use
PLEASE READ THESE TERMS AND CONDITIONS CAREFULLY BEFORE USING THIS SITE.
Effective Date: 1st April 2020
What’s in these terms of use?
These terms of use tell you the rules for using www.bowerswilkins.com/en-au, being the Australian-specific site under www.bowerswilkins.com (our site).
If you are purchasing products (whether goods, services or digital content) from us, our Terms & Conditions of Sale will apply: retailers, distributors, and resellers have separate agreements with us that apply to them instead of those terms and conditions of sale.
About us and our contact details
www.bowerswilkins.com is a site operated by B&W Group Ltd (we, our, or us). We are a PTY LIMITED company and are registered in Australia under ABN 619 418 325. Our registered office is in Chatswood NSW 2067.
To contact us, please see our Contact us page.
Acceptance of these terms of use
By using our site, you confirm that you accept these terms of use and that you agree to comply with them. If you do not agree to these terms, you must not use our site. We recommend that you print a copy of these terms for future reference.
Our site is directed to people residing in Australia. We do not represent that content available on or through our site is appropriate or available in other locations. We may limit the availability of our site or any service or product described on our site to any person or geographic area at any time. If you choose to access our site from outside Australia, you do so at your own risk.
These terms of use apply between us and you. No other person is entitled to benefit under these terms of use.
Our Privacy policy applies to your use of our site. It sets out the terms on which we process any personal data we collect from you, or that you provide to us. Our Cookies policy provides you with information about the cookies on our site. By using our site, you consent to such processing and you warrant that all data provided by you is accurate.
Suspending or withdrawing our site
Our site is made available free of charge.
We do not guarantee that our site, or any content on it, will always be available or be uninterrupted. We may suspend or withdraw or restrict the availability of all or any part of our site for business and operational reasons. We will try to give you reasonable notice of any suspension or withdrawal.
You are also responsible for ensuring that all persons who access our site through your internet connection are aware of these terms of use and other applicable terms and conditions, and that they comply with them.
Keeping your account details safe
If you choose, or you are provided with, a user identification code, password or any other piece of information as part of our security procedures, you must treat such information as confidential. You must not disclose it to any third party.
We have the right to disable any user identification code or password, whether chosen by you or allocated by us, at any time, if in our reasonable opinion you have failed to comply with any of the provisions of these terms of use.
We are the owner or the licensee of all intellectual property rights in our site, and in the material published on it. Those works are protected by copyright laws and treaties around the world. All such rights are reserved.
You may print off one copy, and may download extracts, of any page(s) from our site for your personal use and you may draw the attention of others within your organisation to content posted on our site. You must not modify the paper or digital copies of any materials you have printed off or downloaded in any way, and you must not use any illustrations, photographs, video or audio sequences or any graphics separately from any accompanying text.
Our status (and that of any identified contributors) as the authors of content on our site must always be acknowledged. You must not use any part of the content on our site for commercial purposes without obtaining a licence to do so from us or our licensors.
If you print off, copy or download any part of our site in breach of these terms of use, your right to use our site will cease immediately and you must, at our option, return or destroy any copies of the materials you have made.
Information on our site
The content on our site is provided for general information only. It is not intended to amount to advice on which you should rely. You must obtain professional or specialist advice before taking, or refraining from, any action on the basis of the content on our site.
Although we make reasonable efforts to update the information on our site, we make no representations, warranties or guarantees, whether express or implied, that the content on our site is accurate, complete or up to date.
Our trade marks are registered
Our trade marks are listed below. You are not permitted to use them without our approval, unless they are part of material you are using as permitted under Using material on our site.
302™303™
304™
305™
306™
600 Series™
603™
606™
607™
683™
684™
685™
686™
700 Series™
702™
703™
704™
705™
706™
707™
800 Series Diamond™
801™
802™
803™
804™
805™
806™
Aerofoil™
AM™
ASW™
B&W™
B&W Cinema™
B&W Group™
Bowers™
Bowers & Wilkins™
Carbon Dome™
CM™
Continuum™
CT™
DB1™
DB1D™
DB2D™
DB3D™
DM601™
DM602™
DM603™
DM604™
DM605™
Formation™
Formation Duo™
Formation Flex™
Formation Wedge™
Highest Form of Sound™
ISW™
John Bowers™
Listen and you’ll see™
M-1™
Matrix™
Micro Matrix™
MM-1™
Nautilus™
Nautilus 2-D shape™
Nautilus 3-D shape™
P9™
P9 Signature™
Panorama™
Pressure Vessel™
PV1™
PX™
QuickDogs™
Rotel™
Signature™
Signature Diamond™
Society of Sound™
T7™
Turbine™
Wilkins™
Z1™
Z-1™
Z2™
Zeppelin™
Zeppelin 3D mark™
Zipdogs™
Our liability to you
If you are a business user:
- We exclude all implied conditions, warranties, representations or other terms that may apply to our site or any content on it.
- We will not be liable to you for any loss or damage, whether in contract, tort (including negligence), breach of statutory duty, or otherwise, even if foreseeable, arising under or in connection with (i) use of, or inability to use, our site; or (ii) use of or reliance on any content displayed on our site.
- In particular, we will not be liable for (i) loss of profits, sales, business, or revenue; (ii) business interruption; (iii) loss of anticipated savings; (iv) loss of business opportunity, goodwill or reputation; or (v) any indirect or consequential loss or damage.
If you are a consumer user, we only provide our site for domestic and private use. You agree not to use our site for any commercial or business purposes, and we have no liability to you for any loss of profit, loss of business, business interruption, or loss of business opportunity. You may use our site for lawful, non-commercial purposes only.
For all users:
- We do not exclude or limit in any way our liability to you where it would be unlawful to do so. This includes liability for death or personal injury caused by our negligence or the negligence of our employees, agents or subcontractors and for fraud or fraudulent misrepresentation.
- Different limitations and exclusions of liability will apply to liability arising as a result of the supply of any products to you, which will be set out in our Terms & Conditions of Sale.
Viruses
We do not guarantee that our site will be secure or free from bugs or viruses. You are responsible for configuring your information technology, computer programmes and platform to access our site. You should use your own virus protection software.
You must not misuse our site by knowingly introducing viruses, trojans, worms, logic bombs or other material that is malicious or technologically harmful. You must not attempt to gain unauthorised access to our site, the server on which our site is stored, or any server, computer or database connected to our site. You must not attack our site via a denial-of-service attack or a distributed denial-of service attack. By breaching this provision, you would commit a criminal offence under the Computer Misuse Act 1990. We will report any such breach to the relevant law enforcement authorities and we will co-operate with those authorities by disclosing your identity to them. In the event of such a breach, your right to use our site will cease immediately.
Websites we link to and linking to our site
Where our site contains links to other sites and resources provided by third parties, these links are provided for your information only. Such links should not be interpreted as approval by us of those linked websites or information you may obtain from them. We have no control over the contents of those sites or resources.
You may link to our home page, provided you do so in a way that is fair and legal and does not damage our reputation or take advantage of it. You must not establish a link in such a way as to suggest any form of association, approval or endorsement on our part where none exists. You must not establish a link to our site in any website that is not owned by you.
Our site must not be framed on any other site, nor may you create a link to any part of our site other than the home page.
We reserve the right to withdraw linking permission without notice. If you wish to link to or make any use of content on our site other than that set out above, please see our Contact us page.
Updating these terms of use and our site
We amend these terms from time to time. Every time you wish to use our site, please check these terms to ensure you understand the terms that apply at that time.
We aim to update our site regularly and may change the content at any time. If the need arises, we may suspend access to our site, or close it indefinitely. Any of the material on our site may be out of date at any given time, and we are under no obligation to update such material.
Governing law
If you are a consumer, please note that these terms of use, their subject matter and their formation, are governed by NSW, Australian law. You and we both agree that the courts of New South Wales will have exclusive jurisdiction.
If you are a business, these terms of use, their subject matter and their formation (and any non-contractual disputes or claims) are governed by NSW, Australian law. We both agree to the exclusive jurisdiction of the courts of New South Wales.