BRILLIANT LIGHTING (AUST) PTY LTD (“BRILLIANT”) NEXUS PRODUCT - TERMS AND CONDITIONS OF USE (INCLUDING PRIVACY POLICY)

1. Terms

These Terms and Conditions (Terms) form a binding contract between you and Brilliant. Wherever there is a reference to “Brilliant” “us” “we” or “our” in these Terms, it means both Brilliant Lighting (Aust) Pty Ltd (ABN 37 006 203 694) and our related bodies corporate, as that term is defined in the Corporations Act 2001 (Cth).

These Terms govern your use of the Nexus Gateway devices (the Device), and all associated services, mobile or web applications, software, features, and/or any other Services Brilliant own and operate from time to time that are required to enable the Device to perform its various functions (collectively, the Services).

The Device and Services are linked and the Device cannot be used without connecting to the Services. For the purposes of these Terms, the Device, together with the Services, will be referred to as the Nexus Product.

Without limitation, by signing a document, clicking accept on your screen, or continuing to use the Nexus Product, you will be deemed to have accepted and will be bound by these Terms.

2. Use of the Nexus Product

2.1 You are required to register an account with Brilliant (Nexus Account), in order for you to use the Nexus Product. As part of creating your Nexus Account you will be required to provide a verifiable email address, your personal details including your name and address, and select a password and username (Nexus ID). You hereby confirm that the information provided for the Nexus Account and Nexus ID are accurate, correct and complete. You also agree that when using your Nexus ID, you will not deliberately try to impersonate another person or infringe the rights of any person or business. All information provided by you to us for the use of the Services and/or the Nexus Product is subject to our Privacy Policy, which we deal with at clause 10 below.

2.2 Brilliant grants to you a worldwide, non-exclusive, non-transferable and limited right to access and use, but not replicate, the Nexus Product and the information available via the Services, for personal and limited commercial purposes. For the avoidance of doubt, you may not (without limitation):

• modify or copy the Nexus Product or any of the information or material produced by the Services;
• sell the Nexus Product or the content of the Services, or any of the information or material provided to you on the Services, for any purpose
• display the content of the Services in public or online, whether for commercial or non-commercial purposes;
• attempt to decompile or reverse engineer or mirror any service, data or source code in relation to the Nexus Product and any search results within the Services;
• remove any copyright or other proprietary notations from the content of the Nexus Product;
• provide, transfer or otherwise make available the content of the Services to another person or entity, unless written permission is obtained from Brilliant;
• connect any physical devices or third party services to the Nexus Product (or otherwise use the Nexus Product) in a manner that could harm or be dangerous to you or to others, or which could cause damage to or loss of any property (whether real, personal, tangible or intangible);
• use the Nexus Product for illegal activities, or facilitate the Nexus Product being used for illegal activities;
• upload, transmit or otherwise infect the Nexus Product with a virus, Trojan or similar that jeopardizes the security of the Nexus Product, your Nexus Account or anyone else’s Nexus Account;
• attempt to obtain unauthorised access of another user’s Nexus Account without authorisation from that Nexus Account user;
• harvest or collect any content of the Nexus Product, other than in the ordinary course of utilising the Nexus Product;
• do anything that violates the security of any computer network, or crack any passwords or security encryption codes.

2.3 Further, the Nexus Product is only provided for the access and use of the person or entity (and the physical household of which that person is a member) who has a Nexus Account with Brilliant for the use of the Nexus Product and you agree:

• to keep confidential and secure any username or password used to access the Nexus Product;
• not to share any username or password used to access the Nexus Product with any third parties;
• that should your username or password be used by a third party, their use is at their risk and Brilliant shall not be responsible for any use or reliance that third party may place on the Nexus Product or the content of the Services; and
• to at all times indemnify Brilliant against any and all obligations, liabilities, costs, expenses, losses, or damages incurred or sustained by Brilliant, whether directly or indirectly, by virtue of improper use of your username and password, including but not limited to indemnifying Brilliant for any claim, demand, action, suit, proceedings or complaint against Brilliant arising out of or in connection with any third party’s access to the account using your username and password and their subsequent reliance on or use of the Nexus Product regardless of the outcome of any such claim, demand, action, suit, proceeding or complaint.

2.4 The Nexus Product may require working Wi-Fi network in your home that is connected to reliable internet. It is your responsibility to ensure that your home is connected to the internet to ensure that you are able to use all of its functionality to its full potential.

2.5 You may use or access the Nexus Product using your mobile devices (“Mobile App”). In order to use the Mobile App, you must have a wireless mobile device and wireless service through a mobile service provider. You agree that you are solely responsible for all fees and charges that you incur from your mobile service provider for using the Mobile App.

2.6 You acknowledge and agree that all the material, content and information of the and in the Nexus Product, including, but not limited to, messages, data, information, text, music, sound, photos, graphics, video, maps, icons, software, code or other material, as well as the infrastructure used to provide such content and information, is proprietary to Brilliant and constitutes the intellectual property of Brilliant and that there is no transfer of title or ownership to you of any of Brilliant’s intellectual property.

2.7 Your Nexus Account shall automatically terminate if you breach or violate any of these restrictions or if Brilliant suspects that you are engaging in any illegal behaviour. Brilliant may also terminate this licence at any time upon notice to you.

2.8 You must not use any downloaded materials in your possession, custody or control, in a way that is inconsistent with the terms of use provided herein or in a way that is inconsistent with any consent given to you.

3.  Limitation of Liability and Indemnity

3.1 You acknowledge and agree that, to the maximum extent permitted by law, Brilliant will not be liable in respect of any claim by you, whether contractual, tortuous, statutory or otherwise and whether or not as a result of any breach or default by Brilliant, for any special, incidental, direct or indirect, punitive or consequential loss or damages or injury (including, but not limited to: any loss of profits; replacement costs for third party products used with the Nexus Product if damaged; loss of contracts, revenue or data; or business interruption), arising out of or in connection with the provision of and your use of the Nexus Product or the provision of any other goods or Services under these Terms.

3.2 The maximum liability of Brilliant under these Terms for any and all breaches of these Terms and for any negligence in relation to these Terms, will not exceed the price paid by you for the Device.

3.3 Any of the terms and conditions contained herein which limit or exclude any term, condition or warranty, express or implied, or the liability of Brilliant will apply to the extent permitted by law and will not be construed as excluding, qualifying or limiting your statutory rights or remedies, arising by virtue of the breach of any implied term of these Terms where such exclusion, qualification or limitation would be prohibited by statute or by the Australian Consumer Law.

3.4 If you are a consumer (as defined in the Competition and Consumer Act 2010 (Cth)), then nothing in these Terms exclude, restrict, limit or modify your rights or remedies against Brilliant for the failure of a statutory guarantee under the Australian Consumer Law where such restriction, limitation or modification would be prohibited by the Competition and Consumer Act 2010 (Cth).

3.5 Further, you agree that Brilliant will not be liable or responsible for any failure in, or delay to, the provision of the Services or your ability to use the Nexus Product or in Brilliant complying with its obligations under these Terms where such failure or delay has arisen as a direct or indirect result of:

• fire, earthquake, storm, flood, hurricane, inclement weather or other act of God, war, terrorism, explosion, sabotage, industrial accident or an industrial strike;
• outbreak of an infectious or contagious human disease, including but not limited to a pandemic declared by the World Health Organisation or a Government authority;
• denial of service attacks, telecommunications failure, hardware failure or the failure of software provided by a third party to function in accordance with its specifications;
• a significant demand is placed on the Services which is above the usual level of demand and which results in a failure of Brilliant’s software and hardware to function correctly;
• the failure of any third party to fulfil any obligation to Brilliant; or
• any other circumstances or event similar to the above which are beyond the reasonable control of Brilliant.

3.6 The Nexus Product and the Services may refer to third party websites, applications, software, services, mobile or web applications that are not owned or controlled by Brilliant (“Third Party Services”). We make no warranty that the Third Party Services will:

• meet your expectations and requirements;
• be free from errors,
• are reliable, accurate or effective.

Brilliant has no control over, and assumes no liability and responsibility for the errors, omissions or practices of any Third Party Services. You should satisfy yourself of the terms and conditions and privacy policy of all Third Party Services prior to using or engaging their services. By using or engaging the Third Party Services, you release and hold us harmless from any and all claims, demands, liability and/or damages (actual or consequential) of every kind and nature, known or unknown, arising out of or in any way connected with such dispute.

4. Warranty

4.1 Brilliant does not guarantee or warrant that the Nexus Product, including its content:

• is secure;
• will be error free;
• will meet your expectations or requirements;
• is fit for a particular purpose;
• does not infringe any third party intellectual property;
• will be uninterrupted, available for use, compatible or sync with all third party devices and/or software (please refer to the list of brands that are compatible with the Nexus Product here [link]. We are constantly updating the list in an effort to improve the Nexus Product and therefore encourage you to refer to the link for updates. Please also note that the age and condition of your third party devices and your use of them may impact on your ability to use the Nexus Product with them);
• will not disrupt your home Wi-Fi network, internet connection or third party devices or services of similar nature within its range;
• does not include technical, typographical, or photographic errors;
• is accurate, complete, reliable or current or that any sites linked from the Services, are accurate, complete, reliable, current and do not contain errors or omissions.

4.2 Whilst Brilliant will endeavour to maintain ongoing access, access to the Services may be suspended, restricted or terminated at any time. Brilliant is not responsible for any problems or technical malfunction with the Internet, the Services, or a combination thereof.

4.3 You warrant and represent that you have made your own enquiries to:

• determine whether the Nexus Product is fit for your intended use and can be used with the third party products within your home; and
• verify the information, specifications or representations provided to you by Brilliant, and you warrant that you have not agreed to these Terms in reliance upon any representations except for those written representations contained in these Terms.

4.4 You acknowledge that Brilliant has not made and will not make any express or implied warranties in relation to the Nexus Product or any other goods or Services provided by Brilliant under these Terms, other than those warranties expressly contained in these Terms. Subject to this clause 4, any term that would be implied into these Terms, including without limitation any condition or warranty, is hereby excluded to the maximum extent permitted by law.

4.5 You warrant to Brilliant, by using the Nexus Product, that you have full legal capacity to agree to these Terms. If you are representing an organisation or corporation, you represent and warrant that you are authorised to agree to these Terms on its’ behalf and bind them to these Terms.

4.6 You agree to act in good faith and in accordance with these Terms.

4.7 Nothing in this clause 4, excludes, restricts or modifies the Australian Consumer Law, that cannot be excluded, restricted or modified.

5. Reliance on Nexus Product

5.1 Brilliant will not be liable for any software or hardware issues that may reside at the user’s end, including but not limited to any such issues with third party products with which you may seek to use the Nexus Product, that restricts, limits or interferes with the functionality of the Nexus Product and/or any Services provided by Brilliant. These include, but are not limited to, complex networks that do not allow network traffic through to Brilliant servers including proxy servers, terminal Services or ISP issues, and software conflicts on a user’s machine, not allowing the Brilliant code or software to be installed, used or accessed.

5.2 Brilliant is not liable for any damage caused to any third party device, software, system, or app caused by your use of the Nexus Product and you use the Nexus Product with all such devices at your own risk.

5.3 The Services are subject to change from time to time to enable updates, improvements, upgrades and/or other modifications to be made to the Services to improve its performance (the Upgrades). The Upgrades may be automatically installed without any notice to you or receiving any permissions from you. Some of the functionality of the Nexus Product may change, suspend or discontinue. Some new features or limits may be introduced on certain features or access to parts of the Nexus Product and its previous functionality may be restricted. In some cases, the changes may cause older or some existing hardware devices, third party devices or services, software configurations or setups to no longer work with the Nexus Product, and you may be required to upgrade or change these devices, services, configurations or setups in order to continue using the Nexus Product. It is your responsibility to ensure that the software of any third party devices are up to date or compatible with the Nexus Product.

5.4 The Services may be suspended temporarily without notice, for security reasons, system failure, maintenance and repair, for the Upgrades to be installed or other unforeseen circumstances which are be beyond our control. Except when it is expressly required under the Australian Consumer Law, you will not be entitled to any refund for these temporary suspensions.

5.5 It is your responsibility to properly install and use the Nexus Product in accordance with the manual and instructions provided to you. If any third party device is not properly installed, or if a device or any of its sensors are outside the detection range or hindered or obstructed in any way, you may experience disruptions and/or detection failures.

6. Accuracy of Data

6.1 Brilliant makes every effort to ensure that the content of the Services are accurate, and we will correct any errors or omissions as soon as practicable after being notified of them, however, we do not guarantee that the Services will be fault free or that all of the information displayed will be completely accurate and Brilliant accepts no liability whatsoever for any errors or omissions.

6.2 Further, you acknowledge and agree that:

• the content of the Services and the functionality of the Nexus Product is based upon the information available to Brilliant at any given time and may include technical and typographical errors or omissions;
• whilst all care is taken in relation to the accuracy of the content, you use the Nexus Product at your own risk and Brilliant will not be liable to you for any loss or damage arising out of or in connection with your reliance on or use of the Nexus Product.

6.3 To the maximum extent permitted by law, Brilliant disclaims all warranties and representations (including express and implied) and responsibilities in relation to clause 6.1.

7. Security of Information

7.1 While Brilliant takes all due care in ensuring the privacy and integrity of the information you provide, including when setting up your Nexus Account, the possibility exists that this information could be unlawfully observed by a third party while in transit over the Internet or while stored on Brilliant systems or on the Services. Brilliant cannot always ensure that it’s computer systems, network resources, files available for downloading and email communications will be fully or continually protected from unlawful access by others, including the infection of data or other information by viruses, or the alteration, misuse, or stealing of data or other information or that any of these activities will be detected. Brilliant disclaims all liability to you to the greatest extent possible pursuant to the Law should this occur.

7.2 You are responsible for the information and/or the contents that you obtained through the Nexus Product and/or the Services. Should you choose to upload, publish, or share any such information or contents, you represent and warrant that you have the permission or right to do so and that the information and/or contents you upload, publish or share does not infringe any copyright or privacy law.

8. Dispute Resolution

8.1 If a dispute arises in any way related to your use of the Nexus Product or in relation to these Terms, and prior to initiating any legal proceedings in the relevant court within the jurisdiction, you must first provide Brilliant with a Dispute Notice, which must state the nature of the dispute, evidence of any previous correspondence and your proposed resolution by email to sales@brilliantlighting.com.au or by registered post. Following receipt of a Dispute Notice:

• The relevant representatives from each party must use their best endeavours to resolve the dispute by email or meeting (including but not limited to face to face, or via video conferencing platforms), within 14 days and engage in good faith discussions in an attempt to resolve the dispute within 28 days of the meeting.
• If the parties are unable to reach a resolution within 28 days of the meeting, then either party may terminate the discussions by written notice and then commence legal proceedings to resolve the dispute should they determine, in their sole discretion, that this is the appropriate course of action.

9. Termination

9.1 Subject to clause 9.3, you may terminate your Nexus Account, on 30 days’ written notice, and without the need to provide reasons.

9.2 Further, Brilliant may terminate the Services and/or your Nexus Account immediately with or without any written notice at any time:

• if you breach these Terms;
• if it is required by law to do so;
• if, at its sole discretion, it discontinues any further software updates for the Services and/or Nexus Product or ceases to provide the Services.

9.3 Further, in the event your Nexus Account is terminated, you acknowledge and agree that Brilliant is not liable to provide you with a full or partial refund of the Device.

9.4 This clause does not limit any right or remedy available to a party under or in connection with these Terms.

10. Customer Data and Privacy

10.1 Your privacy is important to us and we respect your privacy and the information you provide to us and aim to manage the information we may collect from you from time to time in a transparent and open manner in accordance with applicable laws on data privacy protection and data security, in particular the Privacy Act 1988 (Cth) and the Australian Privacy Principles.

10.2 We may collect personal information from you from time to time including when you create your Nexus Account and during your use of the Nexus Product. You acknowledge and agree that the content and accuracy of the personal information, contact information and all other information you provide, including as part of setting up your Nexus Account, (Personal Information), is your responsibility.

10.3 Each party shall, in relation to Personal Information, comply with the Privacy Law, and refrain from any action which would result in a breach of the Privacy Law, or which would amount to interference with the privacy of an individual.

10.4 By providing Personal Information to us, you consent to us collecting, holding, using and disclosing your Personal Information in accordance with the terms related to privacy set out in this clause (hereinafter referred to as “Privacy Policy”). You do not have to provide Personal Information to us, however, if you do not, it may affect our ability to provide you with the Services and/or it may impact your use of the Device and the Nexus Product or certain features of the Nexus Product.

10.5 Personal Information We collect – During your use of the Nexus Product, we will collect the following Personal Information from you: name; address; email address; gender; contact number; information about smart devices and your use of our smart device mobile application such as the device name, device ID, online status, activation time, firmware and upgrade information, your location when using smart devices, and data collected by specific smart devices; and any other Personal Information that we require to supply the specific information, products or services that you may request from Brilliant from time to time within the Nexus Product or by contacting us directly. We may also collect information related to the rooms, and certain device and room images from you if you specifically chose to upload such images as part of your use of the Nexus Product.

10.6 Collection and Use of Personal Information – Generally, we will collect your personal information directly from you at the time that you sign up for your Nexus Account or whilst you are using certain features of the Nexus Product. We may de-identify information when feasible and appropriate, depending on the nature of the information, the use to be made of the information and the risks associated with the intended uses.

10.7 Holding Personal Information – We hold your personal information in both hard copy and electronic formats, for a period of seven (7) years after collection. We may hold information for longer than seven (7) years if you are still a current customer at that time or are still using the Nexus Product, in which case we will only hold the information until it is no longer needed to provide you with the Nexus Product.

We take all reasonable steps to ensure that your personal information is protected from misuse, interference and loss, and from unauthorized access, modification or disclosure. We maintain security over our premises and access to our computer systems is limited and controlled.

However, in some instances, we may engage third parties to host or manage our Website, aspects of our Services and data on our behalf. To the extent permitted by law, we take no responsibility for the actions of the third parties we engage, and we expressly disclaim any responsibility or liability for: any misuse, interference or loss of your personal information; or unauthorized access, modification or disclosure of the same, which may occur due to the actions of or as a consequence of the actions of these third parties.

10.8 Purpose of collecting, holding, using and disclosing personal information – The purpose of collecting, holding, using and disclosing Personal Information about you is predominantly so that we can provide you with the Nexus Product. However, we also collect, hold, use and disclose your personal information for the following purposes:

• To contact and communicate with you directly;
• For internal administrative purposes;
• For quality assurance and improvement purposes;
• To run competitions or offer additional benefits to you;
• As part of our marketing and business development activities;
• To resolve any disputes, we may have with you or others; or
• As otherwise required by law.

Brilliant may also use aggregated Personal Information for statistical and other purposes associated with its business of development, hosting and support of software, including for the purposes of developing new software or services, or new features for or improvements to existing features for its software or services.

Further, we may disclose your personal information to the following:

• Our Stockists;
• Third party service providers, including (without limitation): IT service providers; data storage providers; hosting and server providers; ad networks; analytics providers; error loggers; debt collectors; maintenance or problem-solving providers; marketing or advertising providers; and payment systems operators, for the purpose of enabling them to provide their services to us so that we can to provide you with a seamless experience when you use the Nexus Product, and/or to improve the quality of our services to you;
• Our business partners, but only to the extent the information may be necessary for our business partners to provide their services to us and/or you;
• Professional advisors;
• Employees, contractors, subcontractors or related entities for the purposes of providing the Nexus Product to you;
• Sponsors or promotors for any competitions we run; or
• Credit reporting agencies in the event you fail to pay for goods or services we have provided to you;
• Courts, tribunal and regulatory authorities as required by law, in connection with any actual or prospective legal proceedings, or in order to establish, exercise or defend our legal rights.

10.9 Accessing Personal Information – You may request details of or access to a copy of your information. Where a copy of your Personal Information is requested, we will require you to verify your identity.

We reserve our right to deny access to the Personal Information in the circumstances provided for in the Australian Privacy Principles. In the event we refuse you access, we will provide the reasons for the refusal and the mechanisms available should you wish to lodge a complaint.

We will always take reasonable steps to give access to you in a way that meets your needs as well as ours.

We may charge reasonable costs for providing you with access to your personal information.

10.10 Correcting Personal Information – If you believe that any information is inaccurate, out of date, irrelevant, misleading or incomplete, you may request that the data be corrected, or we may determine that it should be removed.

You may request that we notify any other entities of the correction, where we have previously disclosed such information to another entity.

10.11 Who to Contact – Requests for access to or correction of your personal information must be made in writing to our Privacy Officer, via the following:

Brilliant Lighting Privacy Officer – Requests
Address: 36 Lakeview Drive, Scoresby 3179 VIC, Australia
Email: privacy@brilliantlighting.com.au
Phone: +61 (3) 9765 2555

Please clearly state whether you are seeking access to your information or correction of your personal information.

10.12 Restrict or Unsubscribe – If you have previously agreed to us collecting, using and disclosing your personal information for marketing purposes, you may change your mind at any time.

Commercial electronic messages (in most cases, emails), sent to you which contain marketing material, will always contain our contact information and a functional unsubscribe facility to allow you to opt-out of receiving messages of this nature from us in the future. Alternatively, if you would like to opt-out of receiving these communications, you can contact us at any time using the contact details provided in this Privacy Policy.

We will endeavour to honour any such unsubscribe requests within five (5) working days.

10.13 Complaints – If you think we have breached a relevant data protection law or you wish to make a complaint about the way we have handled your personal information, please contact us using the details below and include your name, email address and/or telephone number and clearly describe your complaint.

Brilliant Lighting Privacy Officer – Requests
Address: 36 Lakeview Drive, Scoresby 3179 VIC, Australia
Email: privacy@brilliantlighting.com.au
Phone: +61 (3) 9765 2555

We reserve our right to decline to investigate the complaint where the complaint does not interfere with the privacy of the person who lodged the complaint.

We will acknowledge your complaint and respond to you regarding your complaint within a reasonable period of time. If you think that we have failed to resolve the complaint satisfactorily, you have the right to contact the Office of the Australian Information Commissioner in relation to your complaint – see https://www.oaic.gov.au/privacy/privacy-complaints/

10.14 International Transfers of Personal Information – The personal information we collect is processed and stored in Australia, Germany, or wherever else we, our partners, affiliates and third-party providers maintain facilities. By providing us with your personal information, you consent to the disclosure to these overseas third parties.

We will ensure that any transfer of personal information from countries in the European Economic Area (EEA) to countries outside the EEA will be protected by appropriate safeguards, for example by using standard data protection clauses approved by the European Commission, or the use of binding corporate rules or other legally accepted means.

Where we transfer personal information from a non-EEA country to another country, you acknowledge that third parties in other jurisdictions may not be subject to similar data protection laws to the ones in our jurisdiction. There are risks if any such third party engages in any act or practice that would contravene the data privacy laws in our jurisdiction and this might mean that you will not be able to seek redress under our jurisdiction’s privacy laws.

When you agree to these Terms and Conditions, you are, to the extent required and permitted under your local law, granting your consent to the transfer of your personal information to such other countries for the purpose of us providing the Nexus Product to you.

10.15 Children – We understand the importance of protecting the privacy of children in an online environment.

We will never knowingly collect or maintain information about any person under the age of 13.

Whereas, if you are under 16 years of age, you must have, and warrant to the extent permitted by law, that you have your parent or legal guardian’s permission to access and use our Website and your parents or guardian have consented to you providing us with your personal information.

10.16 Notification of Data Breaches – We will comply with all applicable laws, including the GDPR, in respect of any data breach.

10.17 Business transfers – If we or our assets are acquired, or in the unlikely event that we go out of business or enter liquidation, we would include data among the assets transferred to any parties who acquire us. You acknowledge that such transfers may occur, and that any parties who acquire us may continue to use your personal information according to this Privacy Policy.

10.18 Limits of our Privacy Policy in respect of third party Websites – Our Website and/or the products we use in providing you with the Services and the Nexus Product may link to external sites that are not operated by us, including a payment processor. Please be aware that we have no control over the content and policies of those sites, and cannot accept responsibility or liability for their respective privacy practices as those websites are not subject to these Terms and Conditions. We recommend that you take all reasonable steps to ensure they will comply with the Australian Privacy Principles.

We do not specifically endorse, approve or recommend the website, services or products provided on third party websites and by accessing third party websites you do so at your own risk and subject to any privacy policy that the third party may have which governs use of their website, services or products. You should review the privacy policy of any third party websites you access.

10.19 Changes to this Privacy Policy – At our discretion, we may change our Privacy Policy to reflect current acceptable practices. We will take reasonable steps to let you know of any such changes. Your continued use of the Nexus Product after any changes to this Privacy Policy will be regarded as acceptance of our practices around privacy and personal information.

If we make a significant change to this Privacy Policy, we will ask you to re-consent to the amended Privacy Policy the next time you deal with us.

10.20 Data Controller and Processor for the Purposes of the GDPR – For the purposes of compliance with the GDPR, we advise they are both Data Controllers and Processors and will comply with the obligations each position holds under the GDPR.

10.21 Cookies – We use cookies to personalize and enhance your experience on our site and the Nexus Product. Please click on the link, https://brilliantlighting.com.au/legals/cookie-policy to learn more about our Cookie Policy.

11. Force Majeure

11.1 For the purposes of this subclause, a force majeure event means one of the events listed in clause 3.3 herein, which are events that are beyond the reasonable control of Brilliant.

11.2 Brilliant will not be liable to you or to any third party for any non-performance or delay in the performance of its obligations, if a force majeure event causes the non-performance or delay.

12. Variation and Assignment

12.1 Brilliant may revise or vary these Terms from time to time with immediate effect and your continued use of the Nexus Product after notification of such amendment constitutes you agreeing to be bound by the revised or varied terms and conditions.

12.2 You may not assign or transfer any of your rights or obligations to any person or entity without the prior written consent of Brilliant. Brilliant may assign, transfer or otherwise deal with these Terms or any right or obligation under these Term and Conditions without your consent.

13. Severability

If for any reason a court of competent jurisdiction finds any provision or portion of these Terms to be unenforceable, that provision or portion will be severed from the Terms and the remainder of these Terms will continue in full force and effect.

14. Notices

14.1 All notices, requests, demands, consents, approvals, offers, agreements or other communications given by you to Brilliant must be emailed to Brilliant at sales@brilliantlighting.com.au. You agree that Brilliant may send notices to you by email to the email address you supply Brilliant, and/or communicate to you via any messaging functionality contained in the Services.

14.2 All notices sent by email will be deemed to be received by the recipient at the time they are sent by the sender.

15. Survival

Clauses 2 (Use of the Nexus Product), 3 (Limitation of Liability and Indemnity), 4 (Warranty), 5 (Reliance on Nexus Product), 6 (Accuracy of Data), 7 (Security of Information), 8 (Dispute Resolution), 10 (Customer Data and Privacy), 15 (Survival) and 16 (Governing Law) survive the termination of these Terms.

16. Governing Law

These Terms are governed by and construed in accordance with the laws of Victoria, Australia and you irrevocably consent to the jurisdiction of the Courts of the State of Victoria and their Courts of Appeal in relation to these Terms.

These Terms and Conditions are effective as and from 2 June 2021