Terms and conditions • Bolinda

Website Terms of Access

Background

This website (referred to in these Terms of Access as the Website) is owned and operated by Bolinda Digital Pty Ltd (ACN 136 692 861) who is referred to in these Terms of Access as “we”, “us”, “our” and similar grammatical forms.

The Website is available for you to conditional on your acceptance without alteration of the terms and conditions set out below. By continuing to access the Website you are agreeing to these Terms of Access

Use of material on the Website

Generally

Except for the limited use set out in clause 2.1(b) you may not use the Website, or the material contained on it, for any purpose. This involves:

the reproduction of the material in any material form;
the distribution of the material in any material form;
re-transmission of the material by any medium of communication;
uploading or reposting the material to any other site on the Internet; and
“framing” the material on the Website with other material on any other website.

The above are unlawful in any jurisdiction and are specifically prohibited by these Terms of Access.

Despite the above restrictions on use of the material on the Website, you may download material from the Website for your personal non-commercial use provided you do not remove any copyright and trade mark notices contained on the material.

You may not modify or copy:

the layout of the Website; or
any computer software and code contained in the Website.

We reserve all intellectual property rights, including, but not limited to, copyright in material or services provided by it. The material provided on the Website is provided for personal use only and may not be:

re-sold or re-distributed in any material form;
stored in any storage media; or
re-transmitted in any media,

without our prior written consent.

Links to other websites

This Website contains links to sites on the Internet owned and operated by third parties and which are not under our control.

In relation to the other sites on the Internet, which are linked to the Website, we:

provide the links to other sites as a convenience to you and the existence of a link to other sites does not imply any endorsement by us of the contents of the linked site; and
is not responsible for the material contained on those linked sites.

Information on the Website

To the full extent permitted by law we disclaim any and all warranties, express or implied, regarding:

the accuracy, reliability, timeliness or otherwise of any information contained or referred to on the Website or of any linked sites; and
merchantability or fitness for any particular purpose for any service or product contained or referred to on the Website or on any linked sites.

We will not be liable under any circumstances for any loss of profits or any damages of any kind recognised by law (even if it has been advised of the possibility of such loss of profits or damages) which are the consequence of you:

acting, or failing to act, on any information contained on or referred to on the Website or any of the linked websites; and
using or acquiring, or your inability to use or acquire, any service or product contained or referred to on the Website or any linked sites.

Disclaimer

We do not warrant, guarantee or make any representation that:

the Website, or the server that makes the site available on the Internet are free of software viruses;
the functions contained in any software contained on the Website will operate uninterrupted or are error-free; and
errors and defects in the Website will be corrected.

We are not liable to you for:

errors or omissions in the Website, or linked sites on the Internet;
delays to, interruptions of or cessation of the services provided in the Website, or linked sites; and
defamatory, offensive or illegal conduct of any user of the Website,
whether caused through our negligence or the negligence of our employees, independent contractors or agents, or through any other cause.

You agree to accept the full cost of any necessary repair, correction and maintenance of any of your computer software or hardware, which may be necessary as a consequence of you accessing the Website.

Limitation of liability

Clause 2.3 or clause 2.4 may not apply to you in jurisdictions in which limitations on or exclusions of warranties or liabilities are not permitted by law. To the full extent permitted by law our liability for any implied warranty or condition is limited, at our choice, to one or more of the following:

if the breach of an implied warranty or condition relates to services:

the supply of the services again; or
the payment of the cost of having the services supplied again; and
if the breach of an implied warranty or condition relates to goods:
the replacement of the goods or the supply of equivalent goods;
the repair of such goods; or
the payment of the cost of replacing the goods or acquiring equivalent goods, or having the goods repaired.

Indemnity

To the full extent permitted by law, you agree to indemnify, defend and hold harmless, us, our directors, officers, employees, consultants, agents, and affiliates, from any and all third party claims, liability, damages or costs (including, but not limited to, legal fees) arising from your use of this Website or your breach of these Terms of Access.

Use of personal information gathered

We and any people or legal entities authorised by us may gather and process the personal information:

which you may provide when accessing the Website, such as your name, address, e-mail address and other personal information about you; and
regarding the way in which you use the Website including, without limitation, information acquired through the use of “cookies” delivered to your computer when you access our Website.

We may authorise others to offer you goods and services using the information acquired, as described in clause 2.6(a).

We will comply with the Australian Privacy legislation in respect to our collection, storage and use of your personal information. Please refer to our full privacy policy available at www.INSERT.com for details of how we collect, store and use your personal information.

Termination of access

We may terminate access to the Website at any time without giving any explanation or justification for the termination of access, and we have no liability for any costs, losses or damages of any kind arising as a consequence of terminating access to the Website.

Alteration of Terms of Access

We reserve the right to change these Terms of Access:

with or without further notice to you; and
without giving you any explanation or justification for such change.

Intellectual property rights

All logos, icons, brand names or service names that identifying the owner and operator of this Website are our copyright property or our trade marks or service marks. All other trade marks or service marks on this Website are the property of their respective owners. You must obtaining written permission before reusing any copyrighted material that is published on this Website. Any unauthorized use of the materials appearing on this Website may violate copyright, trade mark and other property rights or legal protections and could result in criminal or civil penalties.

Relevant jurisdiction

If any part of these Terms of Access is found to be void, unlawful, or unenforceable then that part will be deemed to be severable from the balance of these Terms of Access and the severed part will not affect the validity and enforceability of any remaining provisions.

These Terms of Access will be governed by and interpreted in accordance with the law of Victoria, Australia, without giving effect to any principles of conflicts of laws.

You agree to the jurisdiction of the courts of Victoria, Australia to determine any dispute arising out of these Terms of Access.