1. BJS attempt to be as accurate as possible when describing products on the web site; however, to the extent permitted by applicable law, we do not warrant that the product descriptions, colours, information or other content available on the web site are accurate, complete, reliable, current, or error-free.
2. All information and content available on the web site and its “look and feel”, including but not limited to trademarks, logos, service marks, text, graphics, logos, button icons, images, audio clips, data compilations and software, and the compilation and organization thereof (collectively, the “Content”) is the property of BJS, its affiliates, joint- partners, licensors or licensees, and is protected by Australian and international laws as applicable, including laws governing copyrights, trademarks and intellectual property.
3. The content nor any portion of the web site may be used, reproduced, duplicated, copied, sold, resold, accessed, modified, or otherwise exploited, in whole or in part, for any purpose without our express, prior written consent.
4. BJS grants you (user of browser of the web site) a limited, revocable, and non-exclusive license to access and make personal use of the web site. This limited license does not include the right to: (a) frame or utilize framing techniques to enclose the website or any portion thereof; (b) republish, redistribute, transmit, sell, license or download the web site or any and/or all Content (except caching or as necessary to view the web site); (c) make any use of the web site or any and/or all Content other than personal use; (d) modify, reverse engineer or create any derivative works based upon either the web site or any and/or all Content; (e) collect account information for the benefit of yourself or another party; (f) use any meta tags or any other “hidden text” utilizing any and/or all Content; or (g) use software robots, spiders, crawlers, or similar data gathering and extraction tools, or take any other action that may impose an unreasonable burden or load on our infrastructure. You must retain, without modification, all proprietary notices on the web site or affixed to or contained in the web site.
5. BJS may, in our sole discretion, request that you remove any link to the web site, and upon receipt of such request, you shall immediately remove such link and cease any linking unless separately and expressly authorized in writing by us to resume linking.
6. Any unauthorised use by you of the web site or any and/or all of our Content automatically terminates the limited licenses set forth in this Section without prejudice to any other remedy provided by applicable law or these Terms and Conditions.
7. In the access or use of the web site, you shall comply with these Terms and Conditions and the special warnings or instructions for access or use posted on the web site. You shall act always in accordance with the law, custom and in good faith. You may not make any change or alteration to the web site or any Content or services that may appear on this web site and may not impair in any way the integrity or operation of the web site. Without limiting the generality of any other provision of these Terms and Conditions, if you default negligently or wilfully in any of the obligations set forth in these Terms and Conditions, you shall be liable for all the losses and damages that this may cause to BJS, our affiliates, partners, licensors and associates.
8. BJS is not responsible for the content of any off-web site pages or any other web sites linked to or from the web site. Links appearing on the web site are for convenience only and are not an endorsement by us, our affiliates or our partners of the referenced content, product, service, or supplier. Your linking to or from any off-web site pages or other web sites is at your own risk. We are in no way responsible for examining or evaluating, and we do not warrant the offerings of, off-web site pages or any other web sites linked to or from the web site, nor do we assume any responsibility or liability for the actions, content, products, or services of such pages and web sites, including, without limitation, their privacy policies and terms and conditions. You should carefully review the terms and conditions and privacy policies of all off-web site pages and other web sites that you visit.
9. When you transmit, upload, post, e-mail or otherwise make available data, text, software, music, sound, photographs, graphics, images, videos, messages or other materials (“User Content”) on the Web site, you are entirely responsible for such User Content.. You agree not to engage in or assist or encourage others to engage in transmitting, uploading, posting, e-mailing or otherwise making available on the Web site User Content that (a) is unlawful, harmful, threatening, abusive, harassing, tortious, defamatory, vulgar, obscene, pornographic, libellous, invasive of another’s privacy, hateful, or racially, ethnically or otherwise wrongfully discriminatory or objectionable; (b) you do not have a right to make available under any law or under contractual or fiduciary relationships; (c) is known by you to be false, inaccurate or misleading; (d) you were compensated for or granted any consideration by any third party; or (e) infringes any patent, trademark, trade secret, copyright or other proprietary rights of any party. In addition, you agree not to transmit, upload, post, e-mail, or otherwise make available any software viruses, unsolicited or unauthorized advertising, solicitation or promotional material, including chain letters, mass mailings, or any form of “spam.” You further agree not to (i) impersonate any person or entity, or falsely state or otherwise misrepresent your affiliation with any person or entity; (ii) “stalk” or otherwise harass including advocating harassment of another, entrap or harm any third party including harming minors in any way; (iii) forge headers or otherwise manipulate identifiers in order to disguise the origin of any User Content; (iv) intentionally or unintentionally violate any applicable local, state, national or international law; or (v) collect or store personally identifiable data about other users.
10. BJS does not endorse or control the User Content transmitted or posted on the Web site and therefore, we do not guarantee the accuracy, integrity or quality of User Content. You understand that by using the Web site, you may be exposed to User Content that is offensive, indecent or objectionable to you. Under no circumstances will we be liable in any way for any User Content, including, without limitation, for any errors or omissions in any User Content, or for any loss or damage of any kind incurred by you as a result of the use of any User Content transmitted, uploaded, posted, e-mailed or otherwise made available via the Web site.
11. You acknowledge that BJS has the right (but not the obligation) in its sole discretion to refuse to post or remove any User Content and BJS reserves the right to change, condense, or delete any User Content. Without limiting the generality of the foregoing or any other provision of these Terms and Conditions, BJS has the right to remove any User Content that violates these Terms and Conditions or is otherwise objectionable and BJS reserves the right to refuse service and/or terminate accounts without prior notice for any users who violate these Terms and Conditions or infringe the rights of others.
12. BJS respects the intellectual property of others. If you believe that copyrighted materials have been copied in a way that constitutes copyright infringement, please send an e-mail or written notice to BJS. For notices of infringement, please provide the following: (i) identification of the copyrighted work(s) that you claim has been infringed and confirmation that you are the copyright owner or authorized to act on the copyright owner’s behalf; (ii) a description of the material that you claim is infringing and the location of that material on the web site; (iii) your full name, street and PO Box addresses, telephone numbers, email address along with any other information that may help BJS contact you.
13. THE WEB SITE IS PRESENTED ON “AS IS.” BASIS. WE MAKE NO REPRESENTATIONS OR WARRANTIES OF ANY KIND WHATSOEVER, EXPRESS OR IMPLIED, IN CONNECTION WITH THESE TERMS AND CONDITIONS OR THE WEB SITE, INCLUDING BUT NOT LIMITED TO WARRANTIES OF MERCHANTABILITY, NON-INFRINGEMENT OR FITNESS FOR A PARTICULAR PURPOSE, EXCEPT TO THE EXTENT SUCH REPRESENTATIONS AND WARRANTIES ARE NOT LEGALLY EXCLUDABLE.
14. YOU AGREE THAT, TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, BJS WILL NOT BE RESPONSIBLE OR LIABLE (WHETHER IN CONTRACT, TORT (INCLUDING NEGLIGENCE) OR OTHERWISE), UNDER ANY CIRCUMSTANCES, FOR ANY (a) INTERRUPTION OF BUSINESS; (b) ACCESS DELAYS OR ACCESS INTERRUPTIONS TO THE WEB SITE; (c) DATA NON-DELIVERY, MISDELIVERY, CORRUPTION, DESTRUCTION OR OTHER MODIFICATION; (d) LOSS OR DAMAGES OF ANY SORT INCURRED AS A RESULT OF DEALINGS WITH OR THE PRESENCE OF OFF-WEBWEB SITE LINKS ON THE WEB SITE; (e) COMPUTER VIRUSES, SYSTEM FAILURES OR MALFUNCTIONS WHICH MAY OCCUR IN CONNECTION WITH YOUR USE OF THE WEB SITE, INCLUDING DURING HYPERLINK TO OR FROM THIRD PARTY WEB SITES (f) ANY INACCURACIES OR OMISSIONS IN CONTENT OR (g) EVENTS BEYOND OUR REASONABLE CONTROL.
15. FURTHER, TO THE FULLEST EXTENT PERMITTED BY LAW, BJS WILL NOT BE LIABLE FOR ANY INDIRECT, SPECIAL, PUNITIVE, INCIDENTAL, OR CONSEQUENTIAL DAMAGES OF ANY KIND OR LOSS OF PROFITS, Revenue OR interest RELATED TO THE WEB SITE OR YOUR USE THEREOF REGARDLESS OF THE FORM OF ACTION WHETHER IN CONTRACT, TORT (INCLUDING NEGLIGENCE) OR OTHERWISE, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
16. You agree to defend, indemnify and hold BJS harmless for any loss, damages or costs, including reasonable attorneys’ fees, resulting from any third party claim, action, or demand resulting from your use of the Web site or breach of these Terms and Conditions. You also agree to indemnify BJS for any loss, damages, or costs, including reasonable attorneys’ fees, resulting from your use of software robots, spiders, crawlers, or similar data gathering and extraction tools, or any other action you take that imposes an unreasonable burden or load on our infrastructure.
17. Your use of this Web site shall be governed by the laws of Victoria, Australia and the parties hereto submit to the non-exclusive jurisdiction of the courts of Victoria, Australia.
18. You consent to receive any agreements, notices, disclosures and other communications (collectively, “Notices”) to which these Terms and Conditions refer from us electronically including without limitation by e-mail or by posting notices on this Web site. You agree that all Notices that we provide to you electronically satisfy any legal requirement that such communications be in writing. To withdraw your consent to receive Notices electronically, you must notify us of your withdrawal of such consent by emailing us at Customer Service and discontinue your use of this Web site. In such event, all rights granted to you pursuant to these Terms and Conditions shall automatically terminate. Unfortunately, BJS cannot provide the benefits of this Web site to any user that cannot consent to receipt of notices electronically.
19. Please note that this consent to receive notices is entirely separate from any election you may make with respect to receipt of marketing communications.
20. You acknowledge and agree that these Terms and Conditions constitute the complete and exclusive agreement between us concerning your use of the Web site, and supersede all prior proposals, agreements, or other communications.
21. BJS reserves the right, in our sole discretion, to change these Terms and Conditions at any time by posting the changes on the Web site and providing notice of such change. Any changes are effective immediately upon posting to the Web site and release of notice of such change. Your continued use of the Web site thereafter constitutes your agreement to all such changed Terms and Conditions. We do not promise to continue to offer or maintain the Web site online. We may withdraw it from use in accordance with our business strategy from time to time. Accordingly we may, with or without prior notice, terminate any or all of the rights granted by these Terms and Conditions. If you violate these Terms and Conditions, we may terminate any or all of the rights granted by these Terms and Conditions. You shall comply immediately with any termination or other notice, including, as applicable, by ceasing all use of the web site.
22. Nothing contained in these Terms and Conditions shall be construed as creating any agency, partnership, or other form of joint enterprise between us. Our failure to require your performance of any provision hereof shall not affect our full right to require such performance at any time thereafter, nor shall our waiver of a breach of any provision hereof be taken or held to be a waiver of the provision itself. In the event that any provision of these Terms and Conditions shall be unenforceable or invalid under any applicable law or be so held by any applicable arbitral award or court decision, such unenforceability or invalidity shall not render these Terms and Conditions unenforceable or invalid as a whole but these Terms and Conditions shall be modified, to the extent possible, by the adjudicating entity to most fully reflect the original intent of the parties as reflected in the original provision.
23. BJS strongly recommends the user to seek legal advice and counsel to fully understand these Terms and Conditions.
24. For any questions regarding these Terms and Conditions, please email email@example.com