Terms And Conditions

Blue Leaf Bathware and Tiles

www.blueleafbath.com.au – WEBSITE TERMS OF USE

This website is made available for the benefit of its Customers, Agents, Suppliers, Advisors, Guests and Associates.

1. Acceptance of terms

By using Blue Leaf Bath`s online and offline products and services (collectively, "the Service" or “Services”), provided by BlueLeafBath.com.au, (collectively, " BlueLeafBath," "We" or "Us") you agree to be bound by the following Terms of Use ("TOU"), together with our Privacy Policy. The TOU may be updated by us from time to time without notice. You can review the most current version of the TOU at any time at:

www.blueleafbath.com.au/terms

This TOU governs your access to and use this website, any order you place through the Blue Leaf Bathware and Tiles website, by any means, and, as applicable, your use or attempted use, of any of BlueLeafBath.com.au’s products and services (collectively, “Your Use”).

Your Use of the Website shall be deemed to constitute your consent to be bound by this Agreement and shall be enforceable in the same way as if you had signed this Agreement.

IF YOU DO NOT AGREE TO BE BOUND BY THESE TERMS OF USE, PLEASE DO NOT USE THE WEBSITE, DO NOT ORDER, DO NOT SUBSCRIBE, AND DO NOT PURCHASE ANY BLUE LEAF BATHWARE AND TILES PRODUCTS OR ANY SERVICE OFFERED.

2. About this website

This website is owned and operated by BLUE LEAF BATHWARE AND TILES (hereinafter referred to as Blue Leaf Bath or Blue Leaf)

ABN 48 603 667 509 and includes all web pages under or forming part of the domain name www.blueleafbath.com.au and any other The Blue Leaf Bathware and Tiles-branded web pages.

Your use of the services, information, text, graphics, materials and other content on any part of the Blue Leaf Bath Website (‘Material on this Website’) is governed by these Terms of Use and the associated Privacy Policy. By using this website you agree to be bound by these Terms of Use. If you do not agree with any of the Terms and Use contained herein do not use this website.

In addition to the Terms of Use contained in this document, other terms of use or conditions may apply to your use of this Blue Leaf Bathware and Tiles Website, parts of this Website, or to products and services offered via this Website. You agree to be bound by these additional terms, as applicable.

You may not access the Service for purposes of monitoring its performance, availability, or functionality, or for any other benchmarking or competitive purposes, without Blue Leaf Bathware and Tiles prior written consent. You may not access the Service if you are a direct competitor of Blue Leaf Bathware and Tiles, except with Blue Leaf Bathware and Tiles prior written consent.

Privacy

Your privacy and security is very important to our Company. Certain data items are collected and used by Blue Leaf Bathware and Tiles Website in order to provide insurance quotations and other online services. The Blue Leaf Website will record and track the use you make of this website. The use of this data is subject to our Privacy Policy. Please read our Privacy Policy in full.

3. Terms of Use

By using this website you agree to the terms of use set out within the website herein. This includes our legal disclaimer, privacy policy and other terms and conditions contained within the website. A copy of these terms are displayed on Blue Leaf Bathware and Tiles website at all times and by using the website you accept these terms as they apply. This disclaimer is not altered by or limited by other terms and conditions on this website. If you do not agree with the terms and conditions contained on this website do not use the website. Use of this website constitutes your agreement with the terms and conditions, contained herein.

4. Liability arising from the use of the Blue Leaf Bathware and Tiles Website

Blue Leaf Bathware and Tiles is not liable or responsible for damages arising from your use of this website, including such as may arise from transmission of your information to us via our website or our communication of information to you, at your request over the internet.

Customer will be solely responsible for any damage sustained to its devices, networks, information systems or other platforms or for the loss of information or any damage resulting from use of the ‘The Blue Leaf Bathware and Tiles’ Platform or Products, including in the event that the Services or products were defective in any way. Should you receive a product from our company then you agree to advise us of such defect within seven days from the date of purchase. If we request that the product be returned to Blue Leaf, then you agree to do this with fourteen days from the date of purchase.

5. Website information accuracy

The information within this website is provided for the benefit of customers and visitors and Blue Leaf Bathware and Tiles endeavours to provide the best possible information for its customers, agents and suppliers, however, the information contained within the website is accurate at the time of publishing and may not continue to remain accurate with the passage of time. All product images and specifications are for illustration purposes only. No warranty of any kind is given except as may be required under statute. Blue Leaf Bathware and Tiles do not warrant the accuracy, completeness or adequacy of information contained in this website and disclaims liability for any errors or omissions.

6. Links provided on this Website

Links to other websites are provided for your convenience and Blue Leaf Bathware and Tiles is not responsible for the information contained on those websites. The provision of a link to another website does not constitute an endorsement or approval of that website, or any products or services offered on that website, and Blue Leaf Bathware and Tiles will not accept any liability for the use of those links to connect to websites that are not under our control.

7. Intellectual Property Rights

Logos, trademarks, phrases and graphics used in the website, or linked to by the website, may be trademarks or the intellectual property of Blue Leaf Bathware and Tiles, and any third parties. The display of these items on this website does not imply that any third party has been granted the use of that intellectual property and all content of the website is protected by copyright law. Website visitors may use the content of the website for their own purposes but not republish or distribute that content for any other purposes.

Blue Leaf Bathware and Tiles holds the copyright to this website. Blue Leaf Bathware and Tiles grants you a limited licence to download this website for personal use only. You are not permitted to reproduce or alter this website, or any copy of it, for any other purpose without the prior expressed written consent of Blue Leaf Bathware and Tiles.

8. Modifications

Blue Leaf Bathware and Tiles reserves the right to make changes, modifications, additions, deletions and corrections to the website, at any time and without notice.

9. Your Account

In consideration of your use of the website, you represent and warrant that (i) you are not barred from receiving services under the laws of Australia or any other applicable jurisdiction, (ii) your use of the Service does not violate any applicable law or regulation, and (iii) you access the Service through one or more humans. Accounts registered by "bots" or other automated methods are not permitted. You also agree to: (a) provide true, accurate, current and complete information about yourself as prompted by the Service's registration form (‘Registration Data’); and (b) maintain and promptly update the Registration Data to keep it true, accurate, current and complete. If you provide any information that is untrue, inaccurate, not current or incomplete, or Blue Leaf Bathware and Tiles has reasonable grounds to suspect that such information is untrue, inaccurate, not current or incomplete, Blue Leaf Bathware and Tiles has the right to suspend or terminate your account and refuse any and all current or future use of the website (or any portion thereof).

Registration Data and certain other information about you is subject to our Privacy Policy which is incorporated by reference herein in its entirety. For more information, see our full privacy policy at https://blueleafbath.com.au/privacy/. You understand that through your use of this Website you consent to the collection and use (as set out in the Privacy Policy) of this information.

You will receive a password and account designation upon completing the Website's registration process. You are responsible for maintaining the confidentiality of the password and account and are fully responsible for all activities that occur under your password or account. You agree to (a) immediately notify Blue Leaf Bathware and Tiles of any unauthorised use of your password or account or any other breach of security; and (b) ensure that you exit from your account at the end of each session. Blue Leaf Bathware and Tiles cannot and will not be liable for any loss or damage arising from your failure to comply with these Terms of Use, including, without limitation, this section.

11. Billing

In connection with your purchase and/or use of the Service you may be subject to taxes, including, without limitation, sales and use taxes, by any authority which has jurisdiction to impose such taxes. You agree that the obligation and payment of any such taxes shall be your sole and absolute responsibility, and you agree, that unless otherwise required by applicable law, to indemnify Blue Leaf Bathware and Tiles pursuant to the section below entitled “Indemnity” to the extent that Blue Leaf Bathware and Tiles incurs any obligations or other liabilities in connection with such taxes.

12. Content

“Content” means any and all information, data, code, video, images, text, documents or other materials of any type that you upload, post, email, transmit, submit or otherwise make available to or through the Service, regardless of whether it is publicly posted or privately transmitted. All Content is the sole responsibility of the person from whom such Content originated. This means that you, and not Blue Leaf Bathware and Tiles, are entirely responsible for all Content that you upload, post, email, transmit, submit or otherwise make available via this Website. Blue Leaf Bathware and Tiles does not control the Content posted via the Service and does not have access to such Content (except account-related information or unless authorised by you). As such, Blue Leaf Bathware and Tiles does not and cannot guarantee or endorse the accuracy, integrity or quality of such Content. You understand that by using the Service, you may be exposed to Content that is offensive, indecent, objectionable or illegal in your jurisdiction. Under no circumstances will Blue Leaf Bathware and Tiles be liable in any way for any Content, including, but not limited to, any errors or omissions in any Content, or any loss or damage of any kind incurred as a result of the use of any content uploaded, posted, emailed, transmitted, submitted or otherwise made available via the Service.

You agree to not use the Service to:

1. upload, post, email, transmit, submit or otherwise make available any Content that is unlawful, harmful, threatening, abusive, harassing, tortuous, defamatory, vulgar, obscene, libellous, invasive of another's privacy, hateful, or racially, ethnically or otherwise objectionable, under any applicable laws;
2. harm minors in any way;
3. impersonate any person or entity, or falsely state or otherwise misrepresent your affiliation with a person or entity;
4. disguise the origin of any Content transmitted through the Service;
5. upload, post, email, transmit or otherwise make available any Content that you do not have a right to make available under any applicable law or under contractual or fiduciary relationships (such as inside information, proprietary and confidential information learned or disclosed as part of employment relationships or under nondisclosure agreements);
6. upload, post, email, transmit or otherwise make available any Content that infringes any rights of any other party, including, without limitation, patent, trademark, trade secret, copyright or other proprietary rights;
7. upload, post, email, transmit or otherwise make available any unsolicited or unauthorized advertising, promotional materials, "junk mail", "spam", or any other form of solicitation;
8. upload, post, email, transmit or otherwise make available any material that contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment;
9. act in a manner that negatively affects other users' ability to use the Service;
10. interfere with or disrupt the Service or servers or networks connected to the Service, or disobey any requirements, procedures, policies or regulations of networks connected to the Service;
11. intentionally or unintentionally violate any applicable local, state, national or international law;

You acknowledge that Blue Leaf Bathware and Tiles does not pre-screen Content, and that Blue Leaf Bathware and Tiles and its designees shall have the right (but not the obligation) in their sole discretion to pre-screen, refuse, move or remove any Content that is available via the Service. Without limiting the foregoing, Blue Leaf Bathware and Tiles and its designees shall have the right to remove any Content that violates the TOU or is otherwise objectionable or illegal as determined in Blue Leaf Bathware and Tiles sole discretion. In no event shall Blue Leaf Bathware and Tiles or its designees have any liability or obligation to you in connection with exercising any rights contained in this section. You agree that you must evaluate, and bear all risks associated with, the use of any Content, including any reliance on the accuracy, completeness, or usefulness of such Content. In this regard, you acknowledge that you may not rely on any Content created by Blue Leaf Bathware and Tiles or submitted to Blue Leaf Bathware and Tiles.

You acknowledge, consent and agree that Blue Leaf Bathware and Tiles may access, preserve and disclose your account information and Content if required to do so by any applicable law or in a good faith belief that such access preservation or disclosure is reasonably necessary to: (a) comply with any applicable legal process; (b) enforce the TOU; (c) respond to claims that any Content violates the rights of third parties; (d) respond to your requests for customer service; or (e) protect the rights, property or personal safety of Blue Leaf Bathware and Tiles, its users and the public. If we receive a subpoena which requests disclosure of information contained in your account you agree that we may disclose any such requested information contained in the account regardless of whether such information is deemed to be owned or held in the name of (i) the Business User, or (ii) the name of Individual Users. For the sake of clarity, (i) if the subpoena is issued in the name of the Business User, we may disclose information regarding both the Business User and the Individual User(s), and (ii) if the subpoena is issued in the name of Individual User(s) we may disclose information regarding both the Business User and the Individual Users(s).

You understand that the technical processing and transmission of the Service, including your Content, may involve (a) transmissions over various networks; and (b) changes to conform and adapt to technical requirements of connecting networks or devices.

You may not attempt to override or circumvent any of the usage rules embedded into the Service. Any unauthorized reproduction, publication, further distribution or public exhibition of the materials provided on the Service, in whole or in part, is strictly prohibited.

You will retain all right, title and interest in and to your Content and Blue Leaf Bathware and Tiles shall not claim ownership of your Content; provided, however, with respect to Content you submit or make available for inclusion on publicly accessible areas of the Service, you grant Blue Leaf Bathware and Tiles the following worldwide, royalty-free and non-exclusive license(s): the perpetual, irrevocable and fully sublicenseable license to collect, use, copy, store, transmit, distribute, reproduce, modify, adapt, publish, translate, publicly perform and publicly display such Content (in whole or in part) and to incorporate such Content into other works in any format or medium now known or later developed.

8. Indemnity

Except and to the extent required by applicable law, You (specifically including the Business User and Individual User(s)) agree to indemnify and hold Blue Leaf Bathware and Tiles and its parent, subsidiaries, affiliates, officers, directors, stockholders, agents, attorneys, employees, partners, licensors and other representatives harmless from any claim or demand, including reasonable attorneys' fees, made by any third party due to or arising out of, or in connection with, (i) your Content, (ii) your use or access of the Service, (iii) your connection to the Service, (iv) your violation of the TOU or applicable law, (v) your violation of any rights of another, and (vi) any taxes arising in connection with your purchase or use of the Service in any jurisdiction, domestic or otherwise, including, without limitation, sales and use tax.

9. No resale of Service or Products

You agree not to reproduce, duplicate, copy, sell, trade, resell or exploit for any commercial purposes, any portion of the Service or its Products, use of the Service, or access to the Service unless you otherwise have an agreement with us which specifically grants you such right(s).

11. Modifications to Service

Blue Leaf Bathware and Tiles reserves the right at any time and from time to time to modify or discontinue, temporarily or permanently, the Service or Products (or any part thereof) with or without notice. You agree that Blue Leaf Bathware and Tiles shall not be liable to you or to any third party for any modification, suspension or discontinuance of the Service or Products.

12.Termination and cancellation

You agree that Blue Leaf Bathware and Tiles may without prior notice immediately terminate your Blue Leaf Bathware and Tiles account and access to the Service or Products (both as a Business User and/or Individual User(s)). Such termination may be made in the Blue Leaf Bath’s sole and absolute discretion with or without cause. For illustrative purposes only, the situations in which Blue Leaf Bathware and Tiles may terminate your account and access to the Service or Products shall include, but not be limited to: (a) breaches or violations of the TOU or other incorporated agreements or guidelines; (b) requests by law enforcement or other government agencies; (c) a request by you (self-initiated account deletions): (d) discontinuance or material modification to the Service (or any part thereof): (e) unexpected technical or security issues or problems; (f) extended periods of inactivity; (g) engagement by you in fraudulent or illegal activities; and/or (h) non-payment of any fees owed by you in connection with the Service. Further, you agree that all terminations for cause shall be made in Blue Leaf Bathware and Tiles sole and absolute discretion and that Blue Leaf Bathware and Tiles shall not be liable to you or any third party for any termination of your account, or access to the Service.

13. Blue Leaf Bathware and Tiles Dispute Facility

If you are not completely satisfied with the services or products provided by Blue Leaf Bathware and Tiles, please contact us by emailing is here: sales@blueleafbath.com.au and we will be happy to assist with any concerns you may have.

© Copyright Blue Leaf Bathware and Tiles 2023

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