TERMS & cONDITIONS
BLUBAE – Only Natural Ingredients
WHO WE ARE & HOW TO CONTACT US
“You” and “User” is the customer.
“We”, “us” and “our” means Blubae (ABN 50 642 246 571). Post Office Box 455, Chirn Park, Southport, QLD 4215, Australia Phone: +617 5672 9950 Email us: email@example.com Write to us: Post Office Box 455, Chirn Park, Southport, QLD 4215, Australia 1. About the Website
1.1. Welcome to Blubae (the ‘Website‘). The Website is our e-commerce platform introducing, explaining and selling our range of innovative, eco-friendly, health-conscious, and non-toxic products and technologies including AirSteril units, Blubae products.
1.2. The Website is operated by Blubae (ABN 50 642 246 571) Access to and use of the Website, or any of its associated products or services, is provided by Blubae. Please read these terms and conditions (the ‘Terms‘) carefully. By using, browsing and/or reading the Website, this signifies that you have read, understood and agree to be bound by the Terms. If you do not agree with the Terms, you must cease usage of the Website immediately.
1.3. Blubae reserves the right to review and change any of the Terms or content on the Website by updating this page at its sole discretion. When Blubae updates the Terms, it will use reasonable endeavours to provide you with notice of updates to the Terms. Any changes to the Terms take immediate effect from the date of their publication. Before you continue, we recommend you keep a copy of the Terms for your records.
1.4. We do not guarantee that our Website, or any content on it, will always be available or uninterrupted. We may, at our absolute discretion, suspend or withdraw or restrict the availability of all or party of our Website for business and/or operational reasons. We will try to give you reasonable notice of any suspension or withdrawal. You are responsible for ensuring that all persons who access our Website via your internet connection are aware of these Terms and Conditions, other applicable Terms and Conditions and Policies, and that they comply with them.
Australian Certified Toxic-Free (toxic free tick logo: 01770768), The Toxic-Free Campaign (banner: 01770768), Made Safe (logo) 1780633, Allergy Certified (logo) 1841366 and any variations of the Trademarks are registered trademarks in Australia, and are endorsements used under license from the proprietor, Safe Cosmetics Australia. More information is provided on the website at: www.safecosmeticsaustralia.com.au (SCA).
2. Acceptance of the Terms
You accept the Terms by remaining on the Website. You may also accept the Terms by clicking to accept or agree to the Terms where this option is made available to you by Blubae in the user interface.
3. Your obligations as a User
3.1. You become a User upon registering an account on our Website. As a User, you agree to comply with the following: (a) you will use the Website only for purposes that are permitted by: (i) the Terms; and (ii) any applicable law, regulation or generally accepted practices or guidelines in the relevant jurisdictions; (b) you have the sole responsibility for protecting the confidentiality of your password and/or email address should you create an account on the Website. Use of your password by any other person may result in the immediate cancellation of our services; (c) any use of your registration information by any other person, or third parties, is strictly prohibited. You agree to immediately notify Blubae of any unauthorised use of your password or email address or any breach of security of which you have become aware; (d) access and use of the Website is limited, non-transferable and allows for the sole use of the Website by you for the purposes of Blubae providing its services; (e) not to transmit, or produce the sending of, any advertising or promotional material (without our prior written consent) including “junk mail”, “chain letter” or “spam” or any other similar solicitation to impersonate or attempt to impersonate us, any of our employees, another use or any other person or entity including, without limitation, by using email addresses or screen names associated with any of the foregoing; (f) you will not use the Website in connection with any commercial endeavours except those that are specifically endorsed or approved by the management of Blubae; (g) you will not use the Website for any illegal and/or unauthorised use which includes collecting email addresses of Users by electronic or other means for the purpose of sending unsolicited email or unauthorised framing of or linking to the Website; (h) you agree that appropriate legal action will be taken by Blubae for any illegal or unauthorised use of the Website; and (i) you acknowledge and agree that any automated use of the Website is prohibited. We reserve the right at any stage to contact a User to confirm both the validity of the account and also the currency and security of the passwords used. We may report any of the activities above to the relevant law enforcement authorities and we will co-operate with those authorities by disclosing your identity to them. 4. Payment
4.1. Where the option is given to you, you may make payment for our products or services by way of:
(a) Credit Card Payment (‘Credit Card’); (b) PayPal (‘PayPal’); or (c) By way of direct bank transfer on invoice.
4.2. All payments made may be made by using PayPal or our PayPal by Braintree Payment Gateway. In using the Website including our e-commerce platform, you warrant that you have read, understood and agree to be bound by the PayPal or PayPal by Braintree Terms and Conditions which are available on their website.
4.3. Prices may include any taxes imposed by governing authorities. Other sales taxes may be required to be collected from you and remitted to the appropriate taxing authorities. You are solely responsible for payment of all such taxes or duties.
4.4. You acknowledge and agree that where a request for the payment of products is returned or denied, for whatever reason, by your financial institution or is unpaid by you for any other reason, then you are liable for any costs, including banking fees and charges, associated with the payment.
4.5. You agree and acknowledge that Blubae can vary the pricing of products at any time and that the varied pricing will come into effect at our discretion.
5. Copyright and Intellectual Property
5.1. The Website and all of the related products and services of Blubae are subject to copyright. The material on the Website is protected by copyright under the laws of Australia and through international treaties. Unless otherwise indicated, all rights (including copyright) in the compilation of the Website (including but not limited to text, graphics, logos, button icons, video images, audio clips, Website, code, scripts, design elements and interactive features) are owned or controlled for these purposes, and are reserved by Blubae or its contributors.
5.2. All trademarks, service marks and trade names are owned, registered and/or licensed by Blubae, who grants to you a worldwide, non-exclusive, royalty-free, revocable license to:
(a) use the Website pursuant to the Terms; (b) copy and store the Website and the material contained in the Website in your device’s cache memory; and (c) print pages from the Website for your own personal and non-commercial use. Blubae does not grant you any other rights whatsoever in relation to the Website. All other rights are expressly reserved by Blubae.
5.3. Blubae retains all rights, title and interest in and to the Website and all related services. Nothing you do on or in relation to the Website will transfer any:
(a) business name, trading name, domain name, trade mark, industrial design, patent, registered design or copyright; or (b) a right to use or exploit a business name, trading name, domain name, trade mark or industrial design; or (c) a thing, system or process that is the subject of a patent, registered design or copyright (or an adaptation or modification of such a thing, system or process); to you.
5.4. You may not, without the prior written permission of Blubae and the permission of any other relevant rights owners: broadcast, republish, up-load to a third party, transmit, post, distribute, show or play in public, adapt or change in any way the content or any services on the Website or third party services for any purpose, unless otherwise provided by these Terms. This prohibition does not extend to materials on the Website, which are freely available for re-use or are in the public domain. If we provide social media features such as the ability to share content, you may take such actions as are enabled by such features.
5.5 You must not delete or alter any copyright, trademark or other proprietary rights notices from copies of materials from this Website.
7. General Disclaimer
7.1. Nothing in the Terms limits or excludes any guarantees, warranties, representations or conditions implied or imposed by law, including the Australian Consumer Law (or any liability under them) which by law may not be limited or excluded.
7.2. Subject to this clause, and to the extent permitted by law: (a) all terms, guarantees, warranties, representations or conditions which are not expressly stated in the Terms are excluded; and
(b) Blubae will not be liable for any special, indirect or consequential loss or damage (unless such loss or damage is reasonably foreseeable resulting from our failure to meet an applicable Consumer Guarantee), loss of profit or opportunity, or damage to goodwill arising out of or in connection with the Website or these Terms (including as a result of not being able to use the Website), whether at common law, under contract, tort (including negligence), in equity, pursuant to statute or otherwise.
7.3. Use of the Website is at your own risk. Everything on the Website is provided to you “as is” and “as available” without warranty or condition of any kind. None of the affiliates, directors, officers, employees, agents, contributors and licensors of Blubae make any express or implied representation or warranty about the products (including the products or services of Blubae referred to on the Website, includes (but is not restricted to) loss or damage you might suffer as a result of any of the following:
(a) failure of performance, error, omission, interruption, deletion, defect, failure to correct defects, delay in operation or transmission, computer virus or other harmful component, loss of data, communication line failure, unlawful third-party conduct, or theft, destruction, alteration or unauthorised access to records; (b) the accuracy, suitability or currency of any information on the Website, or any of its related products (including third party material and advertisements on the Website); (c) costs incurred as a result of you using the Website, or any of the products of Blubae; and (d) the Website or operation in respect to links which are provided for your convenience. PRODUCT PACKAGING DISCLAIMER
The actual product may vary slightly from the images shown on the website or other media. The images of the products are solely for illustrative purposes only.
Product packaging may vary from that shown in images on our website or other media. While we make every effort to provide you with the product in the packaging advertised on our website or other media, we reserve the right to change our packaging at any time without notice depending on their availability.
8. Limitation of liability
8.1. Blubae shall not be liable to you for these Terms or any improper use of this Website by you, and any losses you may suffer, however arising, including under contract, tort (including negligence), in equity, under statute or otherwise.
8.2. We are not liable to compensate the Buyer in any way for:
(a) any increased costs or expenses; (b) any loss of profit, revenue, business, contracts or anticipated savings; (c) any loss or expense resulting from a claim by a third party; or (d) any special, indirect or consequential loss or damage of any nature.
8.3. You expressly understand and agree that Blubae, its affiliates, employees, agents, contributors and licensors shall not be liable to you for any direct, indirect, incidental, special consequential or exemplary damages which may be incurred by you, however caused and under any theory of liability. This shall include, but is not limited to, any loss of profit (whether incurred directly or indirectly), any loss of goodwill or business reputation and any other intangible loss.
8.4 If our Website contains links to other sites (including advertisements and sponsored links) and/or resources provided by third parties, these links are provided for your information only. Such links should not be interpreted as approval by us for those linked websites or information you may obtain from them. We will have no control over the contents of those sites or resources, and you access third party websites entirely at your own risk and subject to the terms and conditions of use for those websites.
8.5 We do not guarantee that our Website will be secure or free from bugs or viruses. You are responsible for configuring your technology to access our Site. You should use your own virus protection software.
9. Termination of Contract
9.1. The Terms will continue to apply until terminated by either you or by Blubae as set out below.
9.2. If you want to terminate the Terms, you may do so by: providing Blubae with 14 days’ notice of your intention to terminate; and closing your accounts for all of the services which you use (if any), where Blubae has made this option available to you. Your notice should be sent, in writing, to Blubae via the ‘Contact Us’ link on our homepage.
9.3. Blubae may at any time, terminate the Terms with you if:
(a) you have breached any provision of the Terms or intend to breach any provision; (b) Blubae is required to do so by law; (c) the provision of the services to you by Blubae is, in the opinion of Blubae, no longer commercially viable.
9.4. Subject to local applicable laws, Blubae reserves the right to discontinue or cancel your membership at any time and may suspend or deny, in its sole discretion, your access to all or any portion of the Website without notice if you breach any provision of the Terms or any applicable law or if your conduct impacts Blubae’s name or reputation or violates the rights of those of another party.
10.1. You agree to indemnify Blubae, its affiliates, employees, agents, contributors, third party content providers and licensors from and against:
(a) all actions, suits, claims, demands, liabilities, costs, expenses, loss and damage (including legal fees on a full indemnity basis) incurred, suffered or arising out of or in connection with your use of the Website; (b) any direct or indirect consequences of you accessing, using or transacting on the Website or attempts to do so; and/or (c) any breach of the Terms.
11. Dispute Resolution
11.1. Compulsory: If a dispute arises out of or relates to the Terms, either party may not commence any Tribunal or Court proceedings in relation to the dispute, unless the following clauses have been complied with (except where urgent interlocutory relief is sought).
11.2. Notice: A party to the Terms claiming a dispute (‘Dispute’) has arisen under the Terms, must give written notice to the other party detailing the nature of the dispute, the desired outcome and the action required to settle the Dispute.
11.3. Resolution: On receipt of that notice (‘Notice’) by that other party, the parties to the Terms (‘Parties’) must:
(a) Within 14 days of the Notice endeavour in good faith to resolve the Dispute expeditiously by negotiation or such other means upon which they may mutually agree; (b) If for any reason whatsoever, 14 days after the date of the Notice, the Dispute has not been resolved, the Parties must either agree upon selection of a mediator or request that an appropriate mediator be appointed by the President of the Australian Mediation Association or his or her nominee; (c) The Parties are equally liable for the fees and reasonable expenses of a mediator and the cost of the venue of the mediation and without limiting the foregoing undertake to pay any amounts requested by the mediator as a pre-condition to the mediation commencing. The Parties must each pay their own costs associated with the mediation; (d) The mediation will be held in Queensland, Australia.
11.4. Confidential: All communications concerning negotiations made by the Parties arising out of and in connection with this dispute resolution clause are confidential and to the extent possible, must be treated as “without prejudice” negotiations for the purpose of applicable laws of evidence.
11.5. Termination of Mediation: If 3 months have elapsed after the start of a mediation of the Dispute and the Dispute has not been resolved, either Party may ask the mediator to terminate the mediation and the mediator must do so.
12. Venue and Jurisdiction
These Terms and Conditions, their subject matter and their formation, are governed by Australian Law. You and we both agree that the courts in Australia will have exclusive jurisdiction. The Website offered by Blubae is intended to be viewed by residents of Australia. In the event of any dispute arising out of or in relation to the Website, you agree that the exclusive venue for resolving any dispute shall be in the courts of Queensland, Australia.
13. Governing Law
The Terms are governed by the laws of Queensland, Australia. Any dispute, controversy, proceeding or claim of whatever nature arising out of or in any way relating to the Terms and the rights created hereby shall be governed, interpreted and construed by, under and pursuant to the laws of Queensland, Australia, without reference to conflict of law principles, notwithstanding mandatory rules. The validity of this governing law clause is not contested. The Terms shall be binding to the benefit of the parties hereto and their successors and assigns. 14. Force Majeure Blubae is not liable for any delay or any breach or default under these Terms and Conditions due to any act of God, labour dispute, difficulty in procuring materials, accidents, legislative restrictions or other act whatsoever (where similar or not to the forgoing) beyond our reasonable control. 15. Independent Legal Advice Both parties confirm and declare that the provisions of the Terms are fair and reasonable and both parties having taken the opportunity to obtain independent legal advice and declare the Terms are not against public policy on the grounds of inequality or bargaining power or general grounds of restraint of trade. 16. Severance If any part of these Terms is found to be void or unenforceable by a Court of competent jurisdiction, that part shall be severed and the rest of the Terms shall remain in force. 17. Contact If you wish to contact us, we can be reached in any of the following ways: Blubae (ABN 50 642 246 571) Post: Post Office Box 455, Chirn Park, Southport, QLD 4215, Australia Phone: +617 5672 9950 Email: firstname.lastname@example.org THANK YOU