We promise to give you our absolute best service, every time, without exception. Your customer satisfaction is our number one priority.
1. About the Website
(a) Welcome to bluesafe.net.au (the 'Website'). The Website provides you with an opportunity to browse and purchase various products that have been listed for sale through the Website (the 'Products '). The Website provides this service by way of granting you access to the content on the Website (the 'Purchase Goods and Services').
(b) The Website is operated by Bluesafe Joint Ventures Pty Ltd (ABN 55 643 306 441). Access to and use of the Website, or any of its associated Products or Services, is provided by Bluesafe Joint Ventures Pty Ltd. 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, or any of Services, immediately.
(c) Bluesafe Joint Ventures Pty Ltd reserves the right to review and change any of the Terms by updating this page at its sole discretion. When Bluesafe Joint Ventures Pty Ltd 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.
2. Acceptance of the Terms
(a) 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 Bluesafe Joint Ventures Pty Ltd in the user interface.
3. Registration to use the Purchase Goods and Services
(a) In order to access the Purchase Goods and Services, you may be asked to register as a user of the Website. As part of the registration process, you may be required to provide personal information about yourself (such as identification or contact details), including:
(i) Email address
(ii) Preferred username
(iii) Mailing address
(iv) Telephone number
(vi) Full name
(vii) Company name
(b) You warrant that any information you give to Bluesafe Joint Ventures Pty Ltd in the course of completing the registration process will always be accurate, correct and up to date.
(c) Once you have completed the registration process, or completed a purchase, you will be a registered customer of the Website ('Customer ') and agree to be bound by the Terms. As a Customer you will be granted immediate access to the Purchased Services.
(d) You may not use the Purchased Services and may not accept the Terms if:
(a) you are not of legal age to form a binding contract with Bluesafe Joint Ventures Pty Ltd; or
(b) you are a person barred from receiving the Purchased Services under the laws of Australia or other countries including the country in which you are resident or from which you use the Purchased Services.
4. Your obligations as a Customer
(a) As a Customer, you agree to comply with the following: You will use the Purchased Products, Goods and Services only for purposes that are permitted by:
(i) the Terms;
(ii) any applicable law, regulation or generally accepted practices or guidelines in the relevant jurisdictions;
(iii) you have the sole responsibility for protecting the confidentiality of your password and/or email address. Use of your password by any other person may result in the immediate cancellation of the Purchase Services;
(iv) any use of your registration information by any other person, or third parties, is strictly prohibited. You agree to immediately notify Bluesafe Joint Ventures Pty Ltd of any unauthorised use of your password or email address or any breach of security of which you have become aware;
(v) 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 Bluesafe Joint Ventures Pty Ltd providing the Goods and Services;
(vi) you will not use the Goods and Services or Website for any illegal and/or unauthorised use which includes collecting email addresses of Customers by electronic or other means for the purpose of sending unsolicited email or unauthorised framing of or linking to the Website;
(vii) you agree that commercial advertisements, affiliate links, and other forms of solicitation may be removed from the Website without notice and may result in termination of access to any Purchased Goods and Services. Appropriate legal action will be taken by Bluesafe Joint Ventures Pty Ltd for any illegal or unauthorised use of the Website and you acknowledge and agree that any automated use of the Website or its Goods and Services is prohibited.
5. Purchase of Products and Returns Policy
(a) In purchasing the Products and Services through the Website, you will agree to the payment of the purchase price listed on the Website for the Product (the 'Purchase Price').
(c) Following payment of the Purchase Price being confirmed by Bluesafe Joint Ventures Pty Ltd, you will be issued with a receipt to confirm that the payment has been received and Bluesafe Joint Ventures Pty Ltd may record your purchase details for future use.
(d) Bluesafe Joint Ventures Pty Ltd may, at their sole discretion, provide a refund for any physical products returned within 7 days where the physical Product packaging is unopened and remains in a saleable condition. You acknowledge and agree that you are liable for any postage and shipping costs associated with any refund pursuant to this clause.
(a) Bluesafe Joint Ventures Pty Ltd's Products come with guarantees that cannot be excluded under the Australian Consumer Law. You are entitled to a replacement or refund if the Product is not as advertised, or if deficient (the 'Warranty ').
(b) You may make a claim under this clause (the 'Warranty Claim') for material defects and workmanship in the Products within 30 days from the date of purchase (the 'Warranty Period').
(c) In order to make a Warranty Claim during the Warranty Period, you must provide proof of purchase to Bluesafe Joint Ventures Pty Ltd showing the date of purchase of the Products, provide a description of the Product issue and the price paid for the Product/s by sending written notice to Bluesafe Joint Ventures Pty Ltd by email at email@example.com.
(d) Where the Warranty Claim is accepted then Bluesafe Joint Ventures Pty Ltd will, at its sole discretion, either repair or replace any defective Product/s thereof with a new equivalent during the Warranty Period at no charge to you. You acknowledge and agree that you will be solely liable for any postage or shipping costs incurred in facilitating a Warranty Claim for any physical product/s.
(e) The Warranty shall be the sole and exclusive warranty granted by Bluesafe Joint Ventures Pty Ltd and shall be the sole and exclusive remedy available to you in addition to other rights and under a law in relation to the Products to which this warranty relates.
(f) All implied warranties including the warranties of merchantability and fitness for use are limited to the Warranty Period.
(g) The Warranty does not apply to any appearance of the supplied Products nor to the additional excluded items set forth below nor to any supplied Products where the exterior of which has been damaged or defaced, which has been subjected to misuse, abnormal service or handling, or which has been altered or modified in design or construction.
7. Copyright and Intellectual Property
(a) The Website, the Purchase Services and all of the related products of Bluesafe Joint Ventures Pty Ltd 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 site content and compilation of the website (including text, graphics, logos, button icons, video images, audio clips and software) (the 'Content') are owned or controlled for these purposes, and are reserved by Bluesafe Joint Ventures Pty Ltd or its contributors.
(b) Bluesafe Joint Ventures Pty Ltd retains all rights, title and interest in and to the Website and all related content. Nothing you do on or in relation to the Website will transfer to you:
(a) the business name, trading name, domain name, trade mark, industrial design, patent, registered design or copyright of Bluesafe Joint Ventures Pty Ltd; or
(b) the right to use or exploit a business name, trading name, domain name, trade mark or industrial design; or
(c) a system or process that is the subject of a patent, registered design or copyright (or an adaptation or modification of such a system or process).
(c) You may not, without the prior written permission of Bluesafe Joint Ventures Pty Ltd 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 third party content for any purpose. This prohibition does not extend to materials on the Website, which are freely available for re-use or are in the public domain.
9. General Disclaimer
(a) You acknowledge that Bluesafe Joint Ventures Pty Ltd does not make any terms, guarantees, warranties, representations or conditions whatsoever regarding the Products other than provided for pursuant to these Terms.
(b) Bluesafe Joint Ventures Pty Ltd will make every effort to ensure a Product is accurately depicted on the Website.
(c) Nothing in these 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.
(d) Subject to this clause, and to the extent permitted by law:
(i) all terms, guarantees, warranties, representations or conditions which are not expressly stated in these Terms are excluded; and
(ii) Bluesafe Joint Ventures Pty Ltd 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 Purchase Services or these Terms (including as a result of not being able to use the Purchase Services or the late supply of the Purchase Services), whether at common law, under contract, tort (including negligence), in equity, pursuant to statute or otherwise.
(e) Use of the Website, the Goods and Services, and any of the products of Bluesafe Joint Ventures Pty Ltd , is at your own risk. The Products of Bluesafe Joint Ventures Pty Ltd, are provided to you on an "as is" and "as available" basis, without warranty or condition of any kind. None of the affiliates, directors, officers, employees, agents, contributors, third party content providers or licensors of Bluesafe Joint Ventures Pty Ltd make any express or implied representation or warranty about Content or Products referred to on the Website. This includes (but is not restricted to) loss or damage you might suffer as a result of any of the following:
(i) 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;
(ii) the accuracy, suitability or currency of any information on the Website, the Purchase Service, or any of its Content related products (including third party material and advertisements on the Website);
(iii) costs incurred as a result of you using the Website, the Purchase Services or any of the Products;
(iv) the Content or operation in respect to links which are provided for the User's convenience;
(v) any failure to complete a transaction, or any loss arising from e-commerce transacted on the Website; or
(vi) any defamatory, threatening, offensive or unlawful conduct of third parties or publication of any materials relating to or constituting such conduct.
10. Limitation of Liability
(a) Bluesafe Joint Ventures Pty Ltd's total liability arising out of or in connection with the Purchase Services or these Terms, however arising, including under contract, tort (including negligence), in equity, under statute or otherwise, will not exceed the most recent Purchase Price paid by you under these Terms or where you have not paid the Purchase Price, then the total liability of Bluesafe Joint Ventures Pty Ltd is the resupply of information or Purchase Services to you.
(b) You expressly understand and agree that Bluesafe Joint Ventures Pty Ltd, its affiliates, employees, agents, contributors, third party content providers 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.
(c) Bluesafe Joint Ventures Pty Ltd is not responsible or liable in any manner for any site content (including the Content and Third Party Content) posted on the Website or in connection with the Purchase Services, whether posted or caused by users of the website of Bluesafe Joint Ventures Pty Ltd, by third parties or by any of the Purchase Services offered by Bluesafe Joint Ventures Pty Ltd.
11. Termination of Service
(a) The Terms will continue to apply until terminated by either you or by Bluesafe Joint Ventures Pty Ltd as set out below.
(b) If you want to terminate the Terms, you may do so by:
(i) notifying Bluesafe Joint Ventures Pty Ltd at any time; and
(ii) closing your accounts for all of the Purchase Services which you use, where Bluesafe Joint Ventures Pty Ltd has made this option available to you.
(c) Your notice should be sent, in writing, to Bluesafe Joint Ventures Pty Ltd via the 'Contact Us' link on our homepage.
(d) Bluesafe Joint Ventures Pty Ltd may at any time, terminate the Terms with you if:
(i) you have breached any provision of the Terms or intend to breach any provision;
(ii) Bluesafe Joint Ventures Pty Ltd is required to do so by law;
(iii) the partner with whom Bluesafe Joint Ventures Pty Ltd offered the Purchase Goods and Services to you has terminated its relationship with Bluesafe Joint Ventures Pty Ltd or ceased to provide Services to you;
(iv) Bluesafe Joint Ventures Pty Ltd is transitioning to no longer providing the Purchase Goods and Services to Users in the country in which you are resident or from which you use the service; or
(v) the provision of the Purchase Goods and Services to you by Bluesafe Joint Ventures Pty Ltd is, in the opinion of Bluesafe Joint Ventures Pty Ltd, no longer commercially viable.
(e) Subject to local applicable laws, Bluesafe Joint Ventures Pty Ltd reserves the right to discontinue or cancel your Customer access to the Website at any time and may suspend or deny, in its sole discretion, your access to all or any portion of the Website or the Purchase Goods and Services without notice if you breach any provision of the Terms or any applicable law or if your conduct impacts Bluesafe Joint Ventures Pty Ltd's name or reputation or violates the rights of those of another party.
(f) When the Terms come to an end, all of the legal rights, obligations and liabilities that you and Bluesafe Joint Ventures Pty Ltd have benefited from, been subject to (or which have accrued over time whilst the Terms have been in force) or which are expressed to continue indefinitely, shall be unaffected by this cessation, and the provisions of this clause shall continue to apply to such rights, obligations and liabilities indefinitely.
(a) You agree to indemnify Bluesafe Joint Ventures Pty Ltd, its affiliates, employees, agents, contributors, third party content providers and licensors from and against:
(i) 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 any Content you post through the Website;
(ii) any direct or indirect consequences of you accessing, using or transacting on the Website or attempts to do so and any breach by you or your agents of these Terms; and/or
(iii) any breach of the Terms.
13. Dispute Resolution
(a) 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).
(b) 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.
(c) Resolution: On receipt of that notice ('Notice') by that other party, the parties to the Terms ('Parties ') must:
(i) Within 30 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;
(ii) If for any reason whatsoever, 30 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;
(iii) 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;
(iv) The mediation will be held in Sydney, Australia.
(d) 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.
(e) Termination of Mediation: If 14 days 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.
14. Venue and Jurisdiction
(a) The Purchase Services offered by Bluesafe Joint Ventures Pty Ltd 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 New South Wales, Australia.
15. Governing Law
(a) The Terms are governed by the laws of New South Wales, 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 New South Wales 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.
16. Independent Legal Advice
(a) 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.
(a) 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.
1. We respect your privacy
(a) Bluesafe Joint Ventures Pty Ltd respects your right to privacy and is committed to safeguarding the privacy of our customers and website visitors. We adhere to the Australian Privacy Principles contained in the Privacy Act 1988 (Cth). This policy sets out how we collect and treat your personal information.
(b) "Personal information" is information we hold which is identifiable as being about you.
2. Collection of personal information
(a) Bluesafe Joint Ventures Pty Ltd will, from time to time, receive and store personal information you enter onto our website, provided to us directly or given to us in other forms.
(b) You may provide basic information such as your name, phone number, address and email address to enable us to send information, provide updates and process your product or service order. We may collect additional information at other times, including but not limited to, when you provide feedback, when you provide information about your personal or business affairs, change your content or email preference, respond to surveys and/or promotions, provide financial or credit card information, or communicate with our customer support.
(c) Additionally, we may also collect any other information you provide while interacting with us.
3. How we collect your personal information
4. Use of your personal information
(a) Bluesafe Joint Ventures Pty Ltd may use personal information collected from you to provide you with information, updates and our services. We may also make you aware of new and additional products, services and opportunities available to you. We may use your personal information to improve our products and services and better understand your needs.
(b) Bluesafe Joint Ventures Pty Ltd may contact you by a variety of measures including, but not limited to telephone, email, sms or mail.
5. Disclosure of your personal information
(a) We may disclose your personal information to any of our employees, officers, insurers, professional advisers, agents, suppliers or subcontractors insofar as reasonably necessary for the purposes set out in this Policy. Personal information is only supplied to a third party when it is required for the delivery of our services.
(b) We may from time to time need to disclose personal information to comply with a legal requirement, such as a law, regulation, court order, subpoena, warrant, in the course of a legal proceeding or in response to a law enforcement agency request.
(c) We may also use your personal information to protect the copyright, trademarks, legal rights, property or safety of Bluesafe Joint Ventures Pty Ltd, bluesafe.net.au, its customers or third parties.
(d) Information that we collect may from time to time be stored, processed in or transferred between parties located in countries outside of Australia. These may include, but are not limited to United Sates of America, France, Canada and United Kingdom.
(e) If there is a change of control in our business or a sale or transfer of business assets, we reserve the right to transfer to the extent permissible at law our user databases, together with any personal information and non-personal information contained in those databases. This information may be disclosed to a potential purchaser under an agreement to maintain confidentiality. We would seek to only disclose information in good faith and where required by any of the above circumstances.
6. Security of your personal information
(a) Bluesafe Joint Ventures Pty Ltd is committed to ensuring that the information you provide to us is secure. In order to prevent unauthorised access or disclosure, we have put in place suitable physical, electronic and managerial procedures to safeguard and secure information and protect it from misuse, interference, loss and unauthorised access, modification and disclosure.
7. Access to your personal information
(a) You may request details of personal information that we hold about you in accordance with the provisions of the Privacy Act 1988 (Cth). A small administrative fee may be payable for the provision of information. If you would like a copy of the information, which we hold about you or believe that any information we hold on you is inaccurate, out of date, incomplete, irrelevant or misleading, please email us at firstname.lastname@example.org.
(b) We reserve the right to refuse to provide you with information that we hold about you, in certain circumstances set out in the Privacy Act.
8. Complaints about privacy
(a) If you have any complaints about our privacy practises, please feel free to send in details of your complaints to Suite 1802 45 Clarence Street, Sydney, New South Wales, 2000. We take complaints very seriously and will respond shortly after receiving written notice of your complaint.
(a) When you visit our website
When you come to our website (bluesafe.net.au) we may collect certain information such as browser type, operating system, website visited immediately before coming to our site, etc. This information is used in an aggregated manner to analyse how people use our site, such that we can improve our service.
(c) Third party sites
Our site may from time to time have links to other websites not owned or controlled by us. These links are meant for your convenience only. Links to third party websites do not constitute sponsorship or endorsement or approval of these websites. Please be aware that Bluesafe Joint Ventures Pty Ltd is not responsible for the privacy practises of other such websites. We encourage our users to be aware, when they leave our website, to read the privacy statements of each and every website that collects personal identifiable information.
This Returns Policy ("Policy") applies to the following purchases: All Bluesafe Products, Intellectual Property and Services
(a) We offer returns, repairs and replacements in accordance with the Australian Consumer Law and on terms in this Refund Policy ("Policy").
(b) Before making a purchase, please read this Policy so that you can understand your rights and what you can expect from us if you are not satisfied with your order.
2. Australian Consumer Law
(a) Under the Australian Consumer Law:
(i) Our goods and services come with guarantees that cannot be excluded under the Australian Consumer Law. For major failures with the service, you are entitled to ask for any faulty product to be repaired or rectified within a reasonable time frame. If this is not done you are entitled to a refund for the goods and to cancel the contract for the service and obtain a refund of any unused portion.
(b) We offer refunds, repairs, and replacements in accordance with the Australian Consumer Law.
(c) The Australian Consumer Law provides a set of Consumer Guarantees which protect consumers when they buy our products and services.
(d) If the Australian Consumer Law applies, then we cannot avoid the Consumer Guarantees which it provides. If there is an inconsistency between this Policy and the Australian Consumer Law, the Australian Consumer Law will prevail.
(e) Further information about the Australian Consumer Law and these Consumer Guarantees is available from the website of the Australian Competition and Consumer Commission.
(f) If a product or service which you purchased from us has a major failure (as defined in the Australian Consumer Law) then you may be entitled to a replacement or refund.
3. Cancellation and Change of Mind
(a) We do not offer any refund if you change your mind, or find the same product or service cheaper elsewhere.
4. Products Damaged During Delivery
(a) In the event that the product you ordered has been damaged during delivery:
(i) Please contact us as soon as possible.
(ii) Any damaged product must be returned in the condition in which it was received, together with any packaging and other items which you received with the damaged product.
(b) We will arrange to repair or collect the damaged product and replace it with an equivalent product, or to refund it, provided that you have contacted us within 7 days from the date of receiving the product.
(a) Notwithstanding the other provisions of this Policy, we may refuse to provide a repair, replacement or refund for a product or service purchased by you if:
(i) You misused the said product in a way which caused the problem.
(ii) You knew or were made aware of the problem(s) with the product or service before you purchased it.
(iii) You asked for a service to be done in a certain manner, or you asked for alterations to a product, against our advice, or you were unclear about what you wanted.
(iv) Any other exceptions that apply under the Australian Consumer Law.
6. Shipping Costs for Returns
(a) In the event that a product you have purchased fails to meet one or more Consumer Guarantees under the Australian Consumer Law, we shall bear any cost of shipping the said product (the "Returned Product") back to us, as well as any cost of shipping any replacement product to you.
(b) If the Returned Product can easily be shipped or returned, then you are responsible for organising for the Returned Product to be returned to us. If the Returned Product is eligible for a repair, replacement or refund under the terms of this Policy (including under the Australian Consumer Law) then we will reimburse you for the reasonable postage, shipping or transportation costs for the Returned Product.
(c) If the Returned Product is too large, too heavy, or otherwise too difficult to be removed and returned by you, and is believed to be eligible for a repair, replacement or refund under the terms of this Policy (including under the Australian Consumer Law), then we will organise for the postage, shipping, transportation or collection of the Returned Product, at our cost.
(d) In the event that we organise and pay for the inspection, postage, shipping, transportation or collection of a Returned Product, and it turns out not to be eligible for a repair, replacement or refund under the terms of this Policy (including under the Australian Consumer Law), then you will be required to pay the costs of any inspection, postage, shipping, transportation or collection of the Returned Product.
7. Response Time
(a) We aim to process any requests for repairs, replacements or refunds within 14 business days of receipt.
8. How to Return Products
(a) You can contact us at the end of this Policy to discuss a return using the information.
(b) Unless otherwise defined in our sole discretion, we shall pay all refunds in the same form as the original purchase or to the same account or credit card used to make the original purchase.
(c) To be eligible for a refund, repair or replacement, you must provide proof of purchase, and a detailed letter in writing which outlines the fault of the product. If the product is faulty, we will repair the fault, or provide a replacement. If we are unable to repair the fault or provide a replacement, you will be entitled to a refund.
(d) You may be required to provide a government issued identification to qualify for a refund, repair or replacement.
9. Contact Us
(a) If you wish to speak to us about this Policy or about any refund, repairs or replacements, please contact us at: email@example.com