Terms and Conditions

Welcome to the BTF Website.

Please find below:

A. BTF website Terms and Conditions

B.  BTF Terms and Conditions of Sale.

A. BTF Website Terms and Conditions:

This website (http://www.bioball.com) (the Website) is maintained by BTF Pty Ltd (ABN 22 086 488 084)  (BTF). Your use of this site is governed by the provisions contained in these Terms and Conditions (the Terms and Conditions). Please take the time to review them. By using or accessing the Website you agree to be bound by these terms. If you do not agree to these Terms and Conditions, you may not access or otherwise use the Website. By accepting these Terms and Conditions and for the purposes of the Spam Act 2003 (Cth), you agree to us sending you certain types of emails.  Please read below and see the Spam section of our Privacy Policy for more information.

1. Use Of The Website
You may access and use the Website solely pursuant to these Terms and Conditions for your personal use. Any other use requires prior written consent from us, which we may grant or withhold in our absolute discretion.

2. Registration
You may access the Website anonymously as a visitor and will not be required to provide personally identifiable information.  However, in order to access certain services and content on the Website, such as obtaining a quote or ordering our products you may be required to register to become a customer through the Website. You must provide accurate and correct information when registering to become a customer and may not use any aliases or other means to mask your true identity.

3. Unauthorised Use
You may not use spiders, robots, or other automated data mining techniques to catalogue, download, store, or otherwise reproduce or distribute content available on the Website. You may not take any action to interfere with the Website or any other user’s use of the Website, including, without limitation, via means of overloading, “flooding,” “mail-bombing,” or “crashing” the Website. You must not send any electronic mail (e-mail) to any person, including promotions and/or advertising of products or services, through the Website without the recipient’s prior consent or forge or mask your true identity in any e-mail or posting. You must also comply with all applicable laws, including but not limited to the Privacy Act 1988 (Cth) and the Spam Act 2003 (Cth). You may not frame portions of the Website within another website, establish a link from the Website to any other website, alter the appearance of the Website, or establish links from any other website to any page of the Website other than the home page. You are prohibited from posting or transmitting any threatening, libellous, defamatory, obscene, scandalous, or inflammatory material, or any material that could otherwise violate any law.  BTF will fully cooperate with any law enforcement authorities or court order requesting or directing BTF to disclose the identity of anyone posting any such information or materials.

4. Intellectual Property
All pages and content within the Website, including but not limited to: HTML code, software, text, graphics, audio, video, photographs, surveys, logos or other materials are the intellectual property of, or are authorised for use by, BTF and its licensors, business partners, distributors and affiliates, including all trademarks, service marks, copyrights, patents, and trade secrets contained therein. Except as expressly permitted in the Terms and Conditions, you may not modify, copy, reproduce, create derivative works, republish, display, up-load, post, transmit, or distribute in any way, content available on the Website, including, without limitation, fonts, icons, link buttons, wallpaper, and desktop themes, without the prior written consent of BTF.
The pictures and images of people, products, places or things displayed on this Website are either the property of BTF or are used with the permission of third parties.  Any use of such pictures or images by you or anyone authorised or affiliated with you is strictly prohibited.  Unauthorised uses of pictures and images may violate copyright or trade mark laws, privacy laws, or communication laws or regulations.

5. Products and Services
From time to time BTF may provide products or services in connection with the Website. The purchase of such products or services shall be subject to any additional terms, conditions, rules, guidelines, or agreements that are provided to you at the time of purchase.

6. Technical Issues
You must take your own precautions to ensure that the process which you employ for accessing the Website does not expose you to the risk of viruses, malicious computer code or other forms of interference which may damage your own computer system. For the removal of doubt, we do not accept responsibility for any interference or damage to your own computer system which arises in connection with your use of the Website or any linked website.

7. Third-Party Information
The Website may contain:
(a) links to other websites not maintained by BTF; or
(b) information about products or services of third parties.
BTF does not independently verify the business practices of these third parties and makes no warranties on their behalf. The availability of any link or reference to any third party shall in no way constitute an endorsement by BTF of such third party. We encourage you to be aware when you leave the Website and to read the terms and conditions of each and every website that you visit. The information contained on the Website is for informational purposes only. The views and opinions expressed on the Website are not necessarily those of BTF.

8. Communications with BTF
Any communication or material you transmit to BTF by e-mail or otherwise, including any data, questions, comments, panel responses, suggestions, or the like is, and will be treated as, non-confidential and non-proprietary. Except to the extent expressly covered by our Privacy Policy, BTF or its affiliates may use anything you transmit or post for any purpose, including but not limited to, reproduction, disclosure, transmission, publication, broadcast, and posting. Furthermore, BTF is free to use any ideas, concepts, know-how, or techniques contained in any communication you send to the Website without compensation and for any purpose whatsoever, including but not limited to, developing, manufacturing, and marketing products and services using such information.

9. Privacy and Spam
BTF takes your privacy and the confidentiality of your personal information very seriously. Our Privacy Policy forms part of these Terms and Conditions. For further information about how we handle and use information collected from you and when and for what purposes we or our distributors, agents or contractors may send you e-mails, please view our Privacy Policy.

10. Cookies
BTF makes limited use of cookies on the Website. BTF only uses cookies to improve the functionality of the Website, not to store any of your personal information.  A cookie is a small message given to your web browser by our web server.  The browser stores the message in a text file, and the message is then sent back to the server each time the browser requests a page from the server.  When cookies are used on this Website, they are used to store information relating to your visit such as a unique identifier, or a value to indicate whether you have seen a web page.  They are used to distinguish your Internet Browser from the thousands of other browsers.  This Website will not store personal information such as e-mail addresses or other details in a cookie.  Most internet browsers are set up to accept cookies.  If you do not wish to receive cookies, you may be able to change the settings of your browser to refuse all cookies or to notify you each time a cookie is sent to your computer, giving you the choice whether to accept it or not.

11. Security of Information
Unfortunately, no data transmission over the Internet can be guaranteed as totally secure. Whilst we strive to protect such information, we do not warrant and cannot ensure the security of any information which you transmit to us. Accordingly, any information which you transmit to us, including your credit card details, is transmitted at your own risk. Nevertheless, once we receive your transmission, we will take reasonable steps to preserve the security of such information. However, we do not accept any liability for any interception of information which we transmit to you.

12. Disclaimer
The Website, including all content or services made available on or accessed through the Website, is provided “as is.” To the fullest extent permissible by law, BTF makes no representations or warranties of any kind whatsoever in relation to the content on the Website. Further, BTF disclaims any express or implied warranties, including, without limitation, non-infringement, title, merchantability or fitness for a particular purpose. BTF does not warrant that the functions contained in the Website or any materials or content contained therein will be uninterrupted or error free, that defects will be corrected, or that the Website or the server that makes it available will be corrected, or that the Website or the server that makes it available is free of viruses or other harmful components. To the fullest extent permissible by law, BTF will not be liable under tort, contract, strict liability or other legal or equitable principles for any lost profits, lost data, lost opportunities, costs of cover, exemplary, punitive, personal injury/wrongful death, special, incidental, indirect or other consequential damages, each of which is hereby excluded by agreement of the parties, regardless of whether or not either party has been advised of the possibility of such damages.

13. Changes
All information posted on the Website is subject to change without notice. In addition, these Terms and Conditions may be changed at any time without prior notice. We will make such changes by posting them on the Website and they will take effect immediately upon being posted. You should check the Website for such changes frequently. Your continued access to, and use of, the Website after such changes, conclusively demonstrates your acceptance of those changes.

14. Indemnity
You agree to indemnify and will keep BTF indemnified for any claim, demand, injury, direct or indirect damage, loss or cost, liability, right of action or claim for compensation in contract, under statute or in tort (including negligence) made against or suffered by BTF in connection with your use of the Website, your breach of these Terms and Conditions or your breach or any rights of third parties.

15. Governing Law and Jurisdiction
These Terms and Conditions are governed by the laws of New South Wales, even if you are not located or resident in New South Wales.  Each party submits to the jurisdiction of courts exercising jurisdiction there, and waives any right to claim that those courts are an inconvenient forum.

16. Severability of Provisions
Any provision of these Terms and Conditions that is prohibited or unenforceable in any jurisdiction is ineffective as to that jurisdiction to the extent of the prohibition or unenforceability.  That does not invalidate the remaining provisions of these Terms and Conditions nor affect the validity or enforceability of that provision in any other jurisdiction.

© Copyright 2007, BTF Pty Ltd. Australia. BTF Website Terms and Conditions – Version last updated 17th August 2007

B. BTF Terms and Conditions of Sale

1. Definitions
BTF or us means either BTF Precise Microbiology Inc. for purchasers within the United States of America, or BTF Pty Ltd (ABN 22 086 488 084) for purchasers outside the United States of America.

BTF website means BTF’s website at (http://www.bioball.com).
Contract means an Order, Order Confirmation and these terms and conditions.
Order means an order submitted to BTF  by You for the purchase of Product.
Order Confirmation means written confirmation of your Order issued to you by BTF.
Product means a BTF product offered for sale as may be displayed on the BTF website or a quote form issued by BTF.
You means the person or legal entity identified as the customer in an Order or Order Confirmation (as the case may be).

2. Orders and Contracts
(i) Web Orders: You may confirm and finalise any Order by submitting your Order details and contact information at the Order entry screen on the BTF website.
(ii) Phone/Fax/Email Orders: You may confirm and finalise any Order by submitting to BTF your Order details and contact information by phone, facsimile or email.
(iii) BTF reserves the right to accept or refuse any Order.  A binding Contract for a Product purchase is not created until BTF issues you with an Order Confirmation.
(iv) Please note that BTF may revise or discontinue Products at any time.

3. Price and Payment
Please note that prices for Products are not displayed or made available on the BTF web site.
Except where otherwise indicated, all prices quoted for Products are either expressed in Australian Dollars (for Orders within Australia or New Zealand), Euro (for Orders within Europe) and United States Dollars (for Orders outside of Australia, New Zealand or Europe) depending on your country of residence. Prices are subject to change at any time prior to an Order Confirmation.

Where Products are expressed in AUD (Australian Dollars), the price is exclusive of applicable Australian goods and services tax. Where Products are expressed in USD (United States Dollars), EUR (Euro) or for any international Order, various state, local, use, value added tax (VAT), duties or similar taxes (Taxes) may additionally apply to your Order. You must provide BTF with any applicable valid tax exemption certificates or details at the time of submitting your Order. You are responsible for and agree to bear all applicable Taxes, shipping and handling charges. A tax invoice will be included with the shipment of your Order. BTF will only accept payment for your Order with one of the following methods:
• BTF accepted credit cards (Visa and MasterCard).
• On account (for existing credit approved BTF customers).
Payment must be made in full (without set-off) within 14 days from the date of BTF invoice, unless by credit card or otherwise agreed in writing by BTF. Any account queries must be communicated to BTF within the 14 day payment period. BTF reserves the right to charge interest on overdue accounts at the rate of 1.5% per month until paid, and to withhold supply of further goods until all amounts are paid in full.
Any accounts not paid after 90 days may be referred to a collection agency, and all collection costs will be passed onto the debtor.

4. Delivery
Any Orders and Product supply is subject to Product availability. Unexpected demand or unforeseen supply problems may result in Product stock being unavailable. Product will be dispatched on receipt of payment or cleared funds to the shipping address specified in your Order.
Delivery dates quoted by BTF are approximate only. BTF will not be liable for any delay in delivery of Products. BTF will endeavour to notify you of any unexpected or unforeseen Product supply problems or delays in delivery. Please refer to BTF Shipping Policy on the BTF website for more specific delivery, shipping and packing information in relation to the BTF product range.

5. Returns
Requests for returns must be notified to BTF within 7 days of receipt of the Product and will be considered at the sole discretion of BTF management. Unless you notify BTF within 7 days of receipt of the Product, the Product will be taken to have been accepted by you on the day of delivery as being in good condition in accordance with the Contract. All Products are perishable or temperature responsive and must not be returned unless supported by a valid warranty claim.

6. Cancellation and Refunds
Orders accepted by BTF by issue of an Order Confirmation cannot be cancelled and no refunds will be permitted. BTF reserves the right to cancel a Contract (without penalty or liability to you) due to any requirement by or change of law.

7. Warranty
BTF warrants to the original purchaser only that the products will conform to the quantity and contents stated on the product labels and quality certificate for the duration of the stated shelf life.

8. Limitation of Liability
BTF gives no express warranties regarding the Product with the exception of that in clause 6.
To the maximum extent permitted by law BTF excludes all liability for breach of any implied warranty or condition.
If a warranty or condition is implied by law, BTF’s liability for breach of it is limited to:
(a) the replacement of the Product (provided that the purchaser returns the Product, transportation prepaid, to BTF) or,
(b) at BTF’s option, a refund of the purchase price of the Product.
All claims must be notified to BTF within 14 days of using the product.
BTF’s liability for breach of any implied warranty or condition does not apply if the Product has been altered by any person other than BTF or if the Product has been used, stored or handled other than in accordance with instructions supplied by BTF.
BTF will not be liable for any special, incidental or consequential or economic loss or damage.

9. Use and Indemnity
You assume all risk and responsibility in connection with the use, storage, handling and disposal of the Products. You must ensure that all use, storage, handling and disposal of the Products is in compliance with all applicable laws, regulations and guidelines and in accordance with any instructions supplied by BTF, and must take all appropriate safety precautions.
You agree to indemnify BTF and its directors, officers and employees and agents from and against all claims, actions, liabilities, costs and expenses arising directly or indirectly from the use, storage, handling and disposal of the products, except to the extent arising directly from the negligence of BTF.

10. Export Compliance
You warrant that your purchase of the Product is for your own internal use and not for re-sale or sub-licensing.  You acknowledge that from time to time the Products may be subject to applicable export control and importation laws and regulations.  It is Your sole responsibility to check for all necessary import and use licence or permit requirements in relation to Your purchase, importation or use of the Products with your relevant local government authority, You agree to comply with all laws and obtain any necessary import or use licences or permits at your own cost.

11. Governing Law
These terms and conditions are governed by the laws of New South Wales, Australia and the purchaser submits to the nonexclusive jurisdictions of the courts exercising jurisdiction there.  The United Nations Convention on Contracts for the International Sale of Goods is expressly excluded in its entirety from application to these Terms and Conditions.

12. General
You may not assign or otherwise transfer any rights or obligations under any Contract (in whole or part) without the prior written consent of BTF. BTF reserves the right to amend these terms and conditions of sale at any time effective from the time of posting to the BTF Website.
If any provision in these terms and conditions of sale is held to be unenforceable, that provision will be severed and the enforceability of the remaining provisions will be unaffected. These terms and conditions of sale supersede any and all previous oral or written agreements between you and BTF in relation to the Products.

© Copyright 2007  BTF Pty Ltd (ABN 22 086 488 084) BTF Terms and Conditions of Sale – Version last updated: 24th August 2007

Should you have any questions regarding these Terms and Conditions you may contact us by e-mail or by mail or phone at :

BTF Pty Ltd
Street Address: Unit 1, 35 – 41 Waterloo Rd, North Ryde NSW Australia 2113
Mailing Address: PO Box 599 North Ryde BC NSW Australia 1670
Phone:  +61 2 8877 9150
Fax: +61 2 8877 9113
E-Mail:  info@btf.biomerieux.com