Terms of service

TERMS OF SERVICE
Last updated: 4th February 2026

1. OVERVIEW
Welcome to Burns Hydrophone Systems.

The terms “we”, “us” and “our” refer to Burns Hydrophone Systems, the trading name of BURNS, RODERIC ORMOND (ABN 64 690 028 647) (“Burns Hydrophone Systems”).

We operate this website and online store (the “Site”) and provide related information, content, features, tools, products and services (together, the “Services”). Our store is hosted on Shopify Inc. (“Shopify”), which provides the e-commerce platform that enables us to sell products to you.

These Terms of Service (“Terms”), together with any policies referenced in them (including our Privacy Policy, Returns & Remedies Policy and Shipping Policy), set out your rights and responsibilities when you access or use the Services.

By visiting, interacting with, or using the Services (including placing an order), you agree to be bound by these Terms. If you do not agree, you must not use the Services.

2. IMPORTANT AUSTRALIAN CONSUMER LAW NOTICE
Nothing in these Terms excludes, restricts or modifies any consumer guarantee, right or remedy conferred by the Australian Consumer Law (“ACL”) or other applicable law that cannot be excluded.

Where you acquire goods or services as a “consumer” under the ACL, you are entitled to the consumer guarantees provided by the ACL.

3. ELIGIBILITY, ACCESS AND ACCOUNTS
3.1 Age and authority
You must be at least 18 years old (or the age of majority in your place of residence) to place an order. If you place an order on behalf of an organisation, you represent that you have the authority to bind that organisation.

3.2 Account security
You are responsible for maintaining the confidentiality of any account credentials and for all activity under your account. You must notify us promptly of any unauthorised use.

3.3 Accurate information
You agree to provide current, complete and accurate information for purchases and account creation (including shipping and billing details). You are responsible for ensuring delivery details are correct.

4. PRODUCTS, TECHNICAL INFORMATION AND SUITABILITY
4.1 Product information
We aim to provide accurate product descriptions, specifications, images and other information. However, product appearance (including colours) may vary depending on your device/display. Specifications and documentation may be updated over time.

4.2 Technical nature/suitability
Our products are technical equipment. You are responsible for determining whether a product is suitable for your intended use, environment and system integration (including compatibility with your equipment, cabling, connectors, power requirements and operating conditions).

4.3 No reliance as professional advice
Information on the Site is provided for general information only. It is not engineering, safety, legal, regulatory or professional advice. If you require advice for a particular application, you should obtain appropriate professional advice before purchase and use.

4.4 Safety-critical uses
Unless we agree in writing, our products are not supplied for use in life-support, medical, aviation, nuclear, safety-critical or mission-critical applications where failure could lead to death, personal injury or significant property/environmental damage. Where you use a product in such applications without our written agreement, you do so at your own risk to the fullest extent permitted by law.

5. ORDERS AND ACCEPTANCE
5.1 Offer to purchase
When you place an order, you make an offer to purchase. We may accept or decline any order (including where we suspect fraud, resale, unlawful export/transfer, or pricing/stock errors).

5.2 When an order is accepted
An order is not accepted until we confirm acceptance (for example, by an order confirmation email or dispatch confirmation). Payment must be received and processed before acceptance, unless we agree otherwise in writing.

5.3 Order changes and cancellations
Please review your order carefully before submitting. After acceptance, we may not be able to cancel or change your order. If you request a change, we may (at our discretion) attempt to accommodate it, but we do not guarantee we can.

5.4 Errors and cancellation
We may correct errors, inaccuracies or omissions (including pricing, descriptions, shipping charges, transit times and availability) and may cancel or refuse orders affected by such issues, even after submission. If we cancel an order after payment, we will refund amounts paid for the cancelled item(s).

5.5 Quantity limits
We may limit quantities sold per order, customer, or jurisdiction.

6. PRICING, TAXES AND BILLING
6.1 Prices
Prices are shown in the currency displayed in your market and may change without notice. The price charged is the price shown at the time you place the order (subject to corrections for errors).

6.2 Taxes and duties
Unless stated otherwise, prices may not include shipping, handling, customs duties, import taxes, brokerage fees or other charges (particularly for international shipments). International customers are responsible for these charges unless we expressly agree otherwise in writing.

6.3 Billing information
You agree to provide current, complete and accurate billing and payment information. You authorise us (and our payment processors) to charge your chosen payment method for the total order amount.

7. SHIPPING AND DELIVERY
7.1 Shipping estimates
Delivery times are estimates only and not guaranteed. Delays may occur due to carriers, customs processing, weather, supply constraints or events outside our control.

7.2 Risk and title
For orders shipped to an address you provide, risk passes to you when the goods are delivered to that address (or collected by you, if collection is arranged). If an item is lost or damaged in transit, contact us, and we will work with the carrier to investigate and resolve the issue.

7.3 Address accuracy
You are responsible for providing an accurate delivery address and any delivery instructions. Additional fees may apply if re-delivery or address correction is required due to incorrect details provided by you.

7.4 International shipping
Where we ship internationally, you acknowledge that customs processing may cause delays and that additional documentation may be required. You must comply with all applicable import laws and regulations in your destination country.

8. EXPORT, SANCTIONS AND RESTRICTED USES
You must comply with all applicable export/import laws, sanctions regulations and trade restrictions. We may refuse, cancel, or restrict orders where we reasonably believe fulfilment would breach laws or policies (including carrier restrictions). You must not use our products for unlawful surveillance or unlawful activities.

9. RETURNS, FAULTS AND REMEDIES (SUMMARY)
Your rights relating to returns, repairs, replacements and refunds are set out in our Returns & Remedies Policy (found on our website) and under the ACL.

Change-of-mind returns:
- Due to the technical nature of our products, we do not offer change-of-mind returns except where required by law.

Faulty/damaged/incorrect items:
- If your item is faulty, damaged in transit or incorrect, contact us at robbie@burnselectronics.com.au with your order number and details. Do not send items back before contacting us. We will generally troubleshoot first and then arrange a remedy in accordance with the ACL.

10. AUSTRALIAN CONSUMER LAW – ADDITIONAL LIMITATION (B2B / NON-CONSUMER PURCHASES)
10.1 Non-consumer acquisitions
Where you acquire goods or services that are not of a kind ordinarily acquired for personal, domestic or household use or consumption, then to the extent permitted by law, our liability for a failure to comply with a consumer guarantee is limited (at our option) to:
(a) replacing the goods or supplying equivalent goods;
(b) repairing the goods;
(c) paying the cost of replacing the goods or of acquiring equivalent goods; or
(d) paying the cost of having the goods repaired.

10.2 No limitation where unlawful
This clause does not apply where it would be unlawful to exclude or limit liability, including for consumer purchases protected by non-excludable ACL rights.

11. INTELLECTUAL PROPERTY AND PERMITTED USE
11.1 Ownership
All content on the Services (including text, graphics, logos, images, video, audio, product documentation, designs, and the selection and arrangement of content) is owned by or licensed to Burns Hydrophone Systems and is protected by Australian and international intellectual property laws.

11.2 Licence
We grant you a limited, non-exclusive, non-transferable licence to access and use the Services for your internal purposes. You must not reproduce, distribute, modify, create derivative works of, republish, download, store, transmit or exploit any content except as permitted by law or with our written consent.

11.3 Trademarks
“Burns Hydrophone Systems” and associated logos are our trademarks. You must not use them without our written permission. Shopify’s name and logo are trademarks of Shopify.

12. PROHIBITED CONDUCT
You must not:
(a) use the Services for any unlawful purpose;
(b) attempt to gain unauthorised access to any system or network;
(c) interfere with the security or operation of the Services;
(d) scrape, crawl, or harvest data or personal information without permission;
(e) upload malicious code, viruses, or harmful content;
(f) impersonate another person or misrepresent your affiliation; or
(g) infringe our or any third party’s intellectual property rights.

We may suspend or terminate access if we reasonably believe you have breached these Terms.

13. OPTIONAL TOOLS AND THIRD-PARTY SERVICES
The Services may include tools or integrations provided by third parties. We provide access to those tools “as is” and “as available”, and we are not responsible for third-party tools, websites, products or services. Your use of third-party tools is at your own risk and may be subject to their terms and policies.

14. LINKS TO THIRD-PARTY WEBSITES
The Services may contain links to third-party websites. We are not responsible for the content, accuracy or practices of third-party sites. If you access a third-party site, you do so at your own risk.

15. RELATIONSHIP WITH SHOPIFY
Burns Hydrophone Systems is powered by Shopify, which enables us to provide the Services to you. However, any sales and purchases you make in our store are made directly with Burns Hydrophone Systems. By using the Services, you acknowledge and agree that Shopify is not responsible for any aspect of any sales between you and Burns Hydrophone Systems, including any injury, damage, or loss resulting from purchased products and services. You hereby expressly release Shopify and its affiliates from all claims, damages, and liabilities arising from or related to your purchases and transactions with Burns Hydrophone Systems.

16. PRIVACY
Our collection, use and disclosure of personal information is governed by our Privacy Policy (found on our website). By using the Services, you acknowledge you have read the Privacy Policy.

17. FEEDBACK AND REVIEWS
If you submit feedback, suggestions, reviews or other content (“Feedback”), you grant us a perpetual, worldwide, royalty-free, sublicensable licence to use, reproduce, modify, publish and display that Feedback for any purpose, including improving and promoting the Services. You represent that you have the rights to submit the Feedback and that it does not infringe any third-party rights.

18. DISCLAIMER OF WARRANTIES
To the fullest extent permitted by law, the Services and all products are provided “as is” and “as available”. We do not warrant that the Services will be uninterrupted, timely, secure or error-free.

Nothing in these Terms excludes, restricts or modifies any consumer guarantee, right or remedy under the ACL or other applicable law that cannot be excluded.

19. LIMITATION OF LIABILITY
19.1 General limitation
To the fullest extent permitted by law, Burns Hydrophone Systems (and our officers, employees, contractors and service providers) will not be liable for any indirect, incidental, special, consequential or punitive losses, or any loss of profit, revenue, business, goodwill, data or opportunity arising out of or related to the Services or any products, even if advised of the possibility.

19.2 Cap on liability (where permitted)
To the fullest extent permitted by law and subject to non-excludable rights (including ACL consumer guarantees), our total aggregate liability for any claim arising out of or relating to the Services or products is limited to the amount you paid to us for the specific product(s) giving rise to the claim.

19.3 Non-excludable rights
This limitation does not apply where it would be unlawful to exclude or limit liability, including under the ACL.

20. INDEMNITY
You agree to indemnify and hold harmless Burns Hydrophone Systems, Shopify, and our respective affiliates, officers, directors, employees, agents, contractors and service providers from any loss, damage, liability or claim (including reasonable legal fees) arising out of or related to:
(a) your breach of these Terms;
(b) your unlawful use of the Services or products; or
(c) your violation of any law or third-party rights.

21. TERMINATION
We may terminate or suspend your access to the Services at any time if we reasonably believe you have breached these Terms or used the Services unlawfully. Termination does not affect obligations that by their nature survive (including payment obligations, indemnities, disclaimers and limitations of liability).

22. SEVERABILITY
If any provision of these Terms is held unlawful or unenforceable, that provision will be severed to the extent necessary and the remainder will remain in effect.

23. CHANGES TO THESE TERMS
We may update these Terms from time to time by posting an updated version on the Site. Changes take effect from the date posted, unless otherwise required by law. Your continued use of the Services after changes are posted constitutes acceptance.

24. GOVERNING LAW AND JURISDICTION
These Terms are governed by the laws of New South Wales, Australia. You and we submit to the non-exclusive jurisdiction of the courts of New South Wales and the Commonwealth of Australia.

25. CONTACT
Questions about these Terms should be sent to:
Email: robbie@burnselectronics.com.au

Seller details:
Trading name: Burns Hydrophone Systems
Legal name: BURNS, RODERIC ORMOND
ABN: 64 690 028 647

Business address: 19 Myan Close, Corlette, NSW 2315, Australia
Phone: (+61) 422 384 490