Terms & Conditions - Including Competitions & Privacy Policy
Terms and Conditions of Website Use
The Burpi website is comprised of various web pages accessible at [www.burpi.com.au] (Burpi Website). The Burpi Website is owned and operated by Burpi Pty Ltd (we, us or our).
1 Terms
These Terms and Conditions of Use (Terms) govern your use of the Burpi Website, including online shopping orders that you place via the Burpi Website.
We may vary the Terms at any time, without notice, by displaying the amended Terms on the Burpi Website. You should review the Terms each time you use the Burpi Website.
By accessing and using the Burpi Website, you acknowledge that you have read and understood the Terms as they exist at that time, and you confirm your acceptance of the Terms.
2 Purchases on the Burpi Website
2.1 Application
These Terms of Use apply to all transactions involving the supply of goods and/or services (Supplies) by us to you, and will prevail over any other terms, unless otherwise expressly stated or agreed in writing by us.
2.2 User account
2.4 Price and payment
2.5 Delivery
2.6 Cylinder exchange program
2.7 Risk and Title
2.8 Use, refills, maintenance and exchanges of Burpi Products
(ii) the disclaimers on the product itself.
(ii) may be dangerous; and
(iii) may infringe Burpi 's rights.
4 Security of information
No data transmitted over the internet or mobile phone networks is secure, and we do not warrant, and cannot ensure, the privacy, security or integrity of your data, including through the normal functioning of the Burpi Website. You transmit data using the Burpi Website entirely at your own risk. You agree that we will not be liable for any damage or loss caused as a result of any failures in this regard.
5 Intellectual property
6 Third party content and links
The Burpi Website may include links to third party websites and other online resources. Such links do not indicate a relationship between those third parties and us, nor endorsement by us of such third parties, their products, services or websites. Use of such links is entirely at your own risk and are subject to the terms of those third party websites.
7 No Warranties in relation to Burpi Website
The Burpi Website and its content are provided on an 'as is' basis and to the fullest extent possible and subject to any liabilities and obligations which cannot be excluded by law, we do not warrant:
8 Non–Excludable Guarantee
9 Limitation of liability
If you breach, or we suspect that you have breached, any of these Terms, we may, in addition to any other rights we have at law or otherwise, suspend (in whole or part) or terminate your use and access to the Burpi Website without further notice.
(b) You warrant that all communications and information provided by you using the Burpi Website are not fraudulent or defamatory, and will not otherwise infringe any law or any third party rights.
(c) If any part of these Terms is held to be unenforceable, void or illegal, that part may be severed and the remainder of these Terms will continue in full force.
(d) Any waiver of our rights under these Terms is not effective unless in writing signed by us. Any failure or delay by us in exercising a right under these Terms does not constitute a waiver of our rights. Any waiver by us will only waive our specified rights in those specified circumstances and will not waive any of our other rights, or the same rights in other circumstances.
(e) These Terms are governed by the laws in force in South Australia, Australia. You agree to the jurisdiction of the courts of South Australia and the Commonwealth of Australia.
(f) We accept no liability for any failure to comply with the Terms where such failure is due to circumstances beyond our reasonable control.
(g) Unless otherwise stated, in the Terms:
(ii) "includes", "including", "for example", "such as" and similar terms are not words of limitation.
Burpi Pty Ltd - Competition Terms & Conditions
Burpi Pty Ltd (we, us or our) ABN 35 645 468 775 promotes various competitions (Competitions), including competitions where the prize is provided by a third party provider (Prize Givers).
These Terms and Conditions set out the general terms and conditions in relation to Competitions. By entering a Competition, you agree to the terms contained in these Terms and Conditions and any Additional Specific Terms set out in the publication or post relating to the specific Competition.
1 ADDITIONAL SPECIFIC TERMS
Additional Specific Terms will be set out in the publication or online post relating to each Competition whether that Competition is promoted through radio, television, posters/flyers, the Burpi website or social media platforms such as Facebook, Instagram, Linkedin, TikTok or others. Additional Specific Terms will generally include the following:
- Prize Details;
- Prize Value;
- Competition Eligibility;
- Competition Period; and
- Details of how to enter each Competition.
For each Competition, the Additional Specific Terms are incorporated together with the remaining Terms and Conditions set out below and together those terms are the full terms and conditions which apply to that particular Competition.
2 GENERAL TERMS
Unless stated otherwise in the Additional Specific Terms:
- Competitions are open to South Australian residents aged 18 years and over who reside in our delivery postcode zones.
- Please visit www.burpi.com.au and visit our Postcode Search Bar on the mainpage to confirm we are servicing/delivering to your residing postcode
- If Burpi Pty Ltd does not service/deliver to your postcode you are not eligible to enter our competitions
- If you or the entrant on your behalf have knowingly or mistakenly entered into any competitions promoted by Burpi Pty Ltd and are not residing in a postcode which we are servicing your entry into our competitions will be forfeited. Burpi Pty Ltd reserves the right in their sole discretion to disqualify any individual who tampers with the entry process, take any action that may be available, and to cancel, terminate, modify or suspend the Competition, subject to state government legislation.
- In the case where prizes have been forwarded to a winning entrant who knowingly or mistakenly entered into any competitions promoted by Burpi Pty Ltd and are not residing in a postcode which we are servicing, we reserve the right to take any action that may be available, subject to state government legislation
- If the Additional Specific Terms permit entry to persons under 18 and you are under the age of 15, please provide a copy of our Privacy Policy (see Privacy Policy below these Competition T’s and C’s) to your parent or guardian before providing us with your personal information.
- Where a closing date/time for entry is specified, no further entries to the Competition will be permitted after the closing date/time.
- Burpi Pty Ltd will require the name, residing address, email address and contact number of all entries into our competitions to ensure eligibility. Your personal information will only be shared in accordance with our Privacy Policy (see Privacy Policy below these Competition T’s and C’s)
- It is the entrant’s responsibility to ensure that their contact details are correct and we accept no responsibility for errors in contact details or entries not received for whatever reason.
- Any changes to a Competition will be publicised (and where practicable notified to entrants) as soon as possible.
- Burpi Pty Ltd reserves the right to cancel or postpone any competition at their own discretion
3 SELECTION AND NOTIFICATION OF WINNERS
- We will notify our entrants via our social media competition release who will be nominated to choose the winner of a Competition (Winner) and any second prize, third prize or additional draws
- We will publish the Winner’s full name on our website and/or social media (such as Facebook, Instagram, Linkedin and TikTok)
- We will provide the Winner’s personal details to the Prize Giver to enable the Prize Giver to notify the Winner and facilitate the distribution of the prize to the Winner. Your personal information will only be shared in accordance with our Privacy Policy (see Privacy Policy below these Competition T’s and C’s)
- Either a director, representative of Burpi Pty Ltd or the relevant Prize Giver will notify Winners when and where their prize can be collected or where the prize will be delivered.
- Winners will generally be notified within 2 business days of selection.
- Generally, the results of Competitions will be made available by posting details on any one or more of our social media platforms within 30 days.
- Our decision is final and we will not enter into any communications regarding the result.
- We may in our absolute discretion determine that one or more entries are invalid, including subsequently to a winner being notified or a winner’s name being announced where it is determined that these Terms and Conditions and/or any Additional Specific Terms and Conditions were breached or not otherwise complied with.
- If for any reason the Competition is not able to conducted as planned, due to causes including but not limited to tampering, unauthorised intervention, fraud, technical failures or any other causes beyond the control of Burpi Pty Ltd which corrupt or affect the administration security, fairness, integrity or proper conduct of the Competition, Burpi Pty Ltd reserves the right in their sole discretion to disqualify any individual who tampers with the entry process, take any action that may be available, and to cancel, terminate, modify or suspend the Competition, subject to state government legislation.
4 UNCLAIMED PRIZES
- We will aim to distribute all prizes in the Competition and will take every reasonable effort to identify and contact an entrant selected as a winner.
- We will allow a reasonable period within which the person may claim their prize.
- If a person selected as the winner of the prize does not claim the prize within 14 days or if we have made a reasonable but unsuccessful effort to identify or contact the person, we may substitute another person as the winner using a subsequent selection.
5 PUBLICITY
- By entering the Competition, the Winner agrees to the use of their name and image in any marketing material, as well as their entry.
- Our Competitions are in no way sponsored, endorsed or administered by, or associated with, Facebook, Instagram, Linkedin, TikTok or any other social media platform that Burpi Pty Ltd chooses to use.
6 PRIVACY
We have adopted a Privacy Policy that you should refer to in relation to how we collect and use personal information. We will only use Competition entrants’ personal information in accordance with our Privacy Policy (see Privacy Policy below these Competition T’s and C’s)
7 LAW AND LIABILITY
- These Terms and Conditions are governed by and shall be construed in accordance with the laws in force in the state of South Australia.
- It may be a condition of accepting the prize that the winner may be required to sign a legal release in a form determined by Burpi Pty Ltd or the Prize Giver in its absolute discretion.
- We will not be liable for any circumstances in connection with the Competition which are beyond our reasonable control, including cancellation or postponement of the Competition and/or the prize, for any reason including but not limited to the COVID 19 pandemic, vandalism, power failures, tempests, natural disasters, acts of God, civil unrest, strike, war, act of terrorism.
- We will not be liable for any loss or other damage (whether those other damages are referred to as direct, indirect, consequential, special or otherwise) sustained in the acceptance or use of the prize nor shall we be liable for any act or omission, negligent or otherwise.
- If any circumstances in connection with the Competition occur which require some action by us, we may take such action as is reasonable in response as we in our absolute discretion determine.
- We are only bound by the terms set out or referred to in these Terms and Conditions in respect of the Competition.
- Burpi Pty Ltd will take no responsibility for prizes damaged or lost in transit, or late, lost or misdirected mail (including email).
- Burpi Pty Ltd will not be liable for any misadventure, accident, injury, loss (including but not limited to consequential loss) or claim that may occur:
- during the draw;
- in the acceptance, participation or use of any element(s) of the prize;
- as a consequence of late, lost or misdirected mail (including email) or other issues relating to information technology, internet or mobile communications;
- due to the broadcast of any program relating to the Competition or the publication of any material, including any statements made by any compere, staff member, journalist, other entrants or any other person; or
- arising from or related to any problem or technical malfunction of any telephone network or lines or mobile communications network related to or resulting from participation in this promotion.
- Burpi Pty Ltd assumes no responsibility for any error, omission, interruption, deletion, defect, delay in operation or transmission, communications line failure, theft or destruction or unauthorised access to, or alteration of entries, and reserves the right to take any action that may be available, subject to state government legislation.
8 PROMOTER
The Promoter of all competitions are the directors of Burpi Pty Ltd, ABN 35 645 468 775. Australian Private Company, South Australia, 5064.
Burpi Pty Ltd – Privacy Policy
This Privacy Policy sets out our practices in relation to the collection, use, disclosure and handling of personal information by Burpi Pty Ltd, ABN 35 645 468 775. Australian Private Company, South Australia, 5064.
In order to provide you with the best service and/or experience we may ask you to provide us with personal information from time to time. We respect your personal information, and your privacy is important to us. We are committed to protecting your personal information in accordance with the Privacy Act 1988 (Cth) (Privacy Act) and Australian Privacy Principles (APPs).
The Privacy Act and APPs, govern the way in which we should manage your personal information, and this Privacy Policy sets out our practices in relation to the collection, use, disclosure and handling of personal information.
This Privacy Policy is a general overview of our policies for handling your personal information and should be read in conjunction with:
- the General Terms and Conditions which are available at our website and may be updated from time to time.
- any specific terms and conditions which apply to any competitions conducted or promoted by us from time to time, including competitions carried out online and/or using social media platforms (Competitions).
1 OPERATION OF OUR POLICY
By using our website at www.burpi.com.au or entering into any of our Competitions and/or providing your personal information to us, you consent to us handling your personal information in accordance with this Privacy Policy. In other words, you will be deemed to have read and accepted the terms of this Privacy Policy. If you are under the age of 15, please provide this Privacy Policy to your parent or guardian before providing us with your personal information.
2 COLLECTION OF PERSONAL INFORMATION
- We may collect personal information about you in the course of your dealings with us (for example, when you enter into any of our Competitions, and/or that you otherwise authorise us to obtain, such as, from your Facebook account).
- The personal information that we may collect and hold includes (but is not limited to): your full name, residing address, telephone number; your email address; IP address, browser information, username, demographic information and any other information necessary for us to provide our services to you or in the conduct of our Competitions.
3 COLLECTION OF ANONYMOUS INFORMATION
- In order to measure the success of our online advertising we may use pixels, or transparent GIF files, (including cookies) to establish which of our online adverts successfully bring people to our website. Most web browsers automatically accept cookies but you can change your browser to reject them.
- The information collected on our behalf is anonymous and does not personally identify you, and may include: your server address; your Facebook user ID your top level domain name and details about your visit to the website.
4 PURPOSES FOR COLLECTING, HOLDING, USING AND DISCLOSING YOUR PERSONAL INFORMATION
- We collect, hold, use and disclose your personal information for the purposes for which we collected it, and for other related purposes that you would reasonably expect, including but not limited to the following:
- to determine competition entrant eligibility as you can only enter into our competitions if you reside in our delivery postcode zones
- to provide our services to you, to answer enquiries and/or provide information about our services and Competitions;
- to advise you if you win a Competition, or to advise the person or entity providing your prize (Prize Giver) if you win a Competition so that the Prize Giver may contact you so you can receive your prize;
- to publish the full names of those persons who win any prizes in any Competitions;
- to conduct business processing functions, for administrative, marketing (including direct marketing and marketing research), planning, product or service development, quality control, human resources, educational and research purposes; and
- to update our records and keep your contact details up to date and to comply with any law, rule, regulation, lawful or in co-operation with any governmental authority.
- We may contact you regarding anything set out in the above by e-mail, post, telephone (including SMS) or by social media. You are free at any time to opt out of receiving information from us (by notifying us as instructed at the end of each communication).
- Other than as required by law, or as set out in this Privacy Policy, we will not disclose information about you to any third party without your permission.
- Your personal information will not be shared, sold, rented or disclosed other than as described in this Privacy Policy. Additionally, we will not disclose your sensitive information without your consent, unless there is a need to disclose such information in accordance with the Privacy Act or to comply with any other regulatory requirement.
- We will immediately remove your personal information from our database if requested by you.
5 DISCLOSURE OF PERSONAL INFORMATION
- We collect, hold, use and disclose your personal information for the purposes for which we collected it, and for other related purposes that you would reasonably expect, including but not limited to the following:
- to determine competition entrant eligibility as you can only enter into our competitions if you reside in our delivery postcode zones
- to provide our services to you, to answer enquiries and/or provide information about our services and Competitions;
- to advise you if you win a Competition, or to advise the person or entity providing your prize (Prize Giver) if you win a Competition so that the Prize Giver may contact you so you can receive your prize;
- to publish the full names of those persons who win any prizes in any Competitions;
- to conduct business processing functions, for administrative, marketing (including direct marketing and marketing research), planning, product or service development, quality control, human resources, educational and research purposes; and
- to update our records and keep your contact details up to date and to comply with any law, rule, regulation, lawful or in co-operation with any governmental authority.
- We may contact you regarding anything set out in the above by e-mail, post, telephone (including SMS) or by social media. You are free at any time to opt out of receiving information from us (by notifying us as instructed at the end of each communication).
- Other than as required by law, or as set out in this Privacy Policy, we will not disclose information about you to any third party without your permission.
- Your personal information will not be shared, sold, rented or disclosed other than as described in this Privacy Policy. Additionally, we will not disclose your sensitive information without your consent, unless there is a need to disclose such information in accordance with the Privacy Act or to comply with any other regulatory requirement.
- We will immediately remove your personal information from our database if requested by you.
6 ACCESS TO PERSONAL INFORMATION
- You will be able to access personal information that we hold about you.
- To request access to your personal information, please contact us in writing, and we will use reasonable endeavours to provide you with access to that information.
- If you find that current personal information we hold about you is inaccurate or out-of-date, please contact us immediately and we will take reasonable steps to correct it.
7 THIRD PARTY WEBSITES
- You will be able to access personal information that we hold about you.
- To request access to your personal information, please contact us in writing, and we will use reasonable endeavours to provide you with access to that information.
- If you find that current personal information we hold about you is inaccurate or out-of-date, please contact us immediately and we will take reasonable steps to correct it.
8 CHANGES TO PRIVACY POLICY
- All information which is held by us is governed by the latest version of this Privacy Policy.
- We may change this Privacy Policy at any time and if we do so we will post the updated Privacy Policy on our website.
9 CONTACT US
If you have any questions or suggestions regarding this Privacy Policy, or any concerns or a complaint relating to your personal information, please contact us via our website www.burpi.com.au or burpidelivered@outlook.com
Last Updated: [September 2022]