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PLEASE READ THE FOLLOWING TERMS AND CONDITIONS OF USE CAREFULLY BEFORE USING THIS WEBSITE. All users of this site agree that access to and use of this site are subject to the following terms and conditions and other applicable laws. If you do not agree to these terms and conditions, please do not use this site.
Bluemouth Interactive Ltd ABN 18 894 862 186, trading as Bluemouth.com.au
The entire content included in this site, including but not limited to text, graphics or code is copyrighted as a collective work under the Australian and other copyright laws, and is the property of BlueMouth. The collective work includes works that are licensed to BlueMouth. Copyright 2012, BlueMouth ALL RIGHTS RESERVED. Permission is granted to electronically copy and print hard copy portions of this site for the sole purpose of placing an order with BlueMouth or purchasing BlueMouth products. You may display and, subject to any expressly stated restrictions or limitations relating to specific material, download or print portions of the material from the different areas of the site solely for your own non-commercial use, or to place an order with BlueMouth or to purchase BlueMouth products. Any other use, including but not limited to the reproduction, distribution, display or transmission of the content of this site is strictly prohibited, unless authorised by BlueMouth. You further agree not to change or delete any proprietary notices from materials downloaded from the site.
All trademarks, service marks and trade names of BlueMouth used in the site are trademarks or registered trademarks of BlueMouth or held via distribution agreements with the registered brand owners.
Our goods come with guarantees that cannot be excluded under the Australian Consumer Law. You are entitled to a replacement or refund for a major failure and compensation for any other reasonably foreseeable loss or damage. You are also entitled to have the goods repaired or replaced if the goods fail to be of acceptable quality and failure does not amount to a major failure. If the failure is minor, we reserve our right to offer to repair only.
The warranty does not cover accident or negligence, alterations made to the product or normal wear and tear.
All warranty claims must be made with a retail or online retail partner from which the goods were purchased, in accordance with the retailer’s return’s policy and procedures. Each retailer will have their own policy, please refer to their communications for clarification. Any cost incurred, as a result of returning the product to the retailer of purchase – is the full responsibility of the consumer.
Goods purchased directly from Bluemouth.com.au can have return and warranty claims processed directly via contacting support@bluemouth.com.au and quoting the invoice number. A case number will be assigned to you for this, which will need to be quoted in any communications and clearly visible on any product returns. In the case of a major failure of a product, the goods will need to be assessed by our Quality Control team and therefore will be required to be returned to Bluemouth.
This site and the materials and products on this site are provided “as is” and without
additional warranties of any kind, whether express or implied. To the fullest extent permissible pursuant to applicable law, BlueMouth disclaims all warranties, express or implied, including, but not limited to, implied warranties of merchantability and fitness for a particular purpose and non-infringement. BlueMouth does not represent or warrant that the functions contained in the site will be uninterrupted or error-free, that the defects will be corrected, or that this site or the server that makes the site available are free of viruses or other harmful components. BlueMouth and its employees will do everything to ensure that no information is misleading but does not make any warranties or representations regarding the use of the materials in this site in terms of their correctness, accuracy, adequacy, usefulness, timeliness, reliability or otherwise. Some states do not permit limitations or exclusions on warranties, so the above limitations may not apply to you.
BlueMouth shall not be liable for any special or consequential damages that result from the use of, or the inability to use, the materials on this site or the performance of the products, even if BlueMouth has been advised of the possibility of such damages. Applicable law may not allow the limitation of exclusion of liability or incidental or consequential damages, so the above limitation or exclusion may not apply to you.
In the event that a BlueMouth product is mistakenly listed at an incorrect price, BlueMouth reserves the right to refuse or cancel any orders placed for products listed at the incorrect price. BlueMouth reserves the right to refuse or cancel any such orders whether or not the order has been confirmed and your credit card charged. If your credit card has already been charged for the purchase and your order is cancelled, BlueMouth shall issue a credit to your credit card account in the amount of the incorrect price.
These terms and conditions are applicable to you upon accessing the site and/or completing the registration or shopping process. These terms and conditions, or any part of them, may be terminated by BlueMouth without notice at any time, for any reason. The provisions relating to Copyrights, Trademark, Disclaimer, Limitation of Liability, Indemnification and Miscellaneous, shall survive any termination.
BlueMouth may deliver notice to you by means of e-mail, a general notice on the site, or by other reliable method to the address you have provided to BlueMouth.
Your use of this site shall be governed in all respects by the laws of the state of Victoria, Australia without regard to choice of law provisions, and not by the 1980 U.N. Convention on contracts for the international sale of goods. You agree that jurisdiction over and venue in any legal proceeding directly or indirectly arising out of or relating to this site (including but not limited to the purchase of BlueMouth products) shall be in the state or federal courts located
in Victoria, Australia. Any cause of action or claim you may have with respect to the site (including but not limited to the purchase of BlueMouth products) must be commenced within one (1) year after the claim or cause of action arises. BlueMouth’s failure to insist upon or enforce strict performance of any provision of these terms and conditions shall not be construed as a waiver of any provision or right. Neither the course of conduct between the parties nor trade practice shall act to modify any of these terms and conditions. BlueMouth may assign its rights and duties under this Agreement to any party at any time without notice to you.
Harassment in any manner or form on the site, including via email, chat, or by use of obscene or abusive language, is strictly forbidden. Impersonation of others, including a BlueMouth or other licensed employee, host, or representative, as well as other members or visitors on the site is prohibited. You may not upload to, distribute, or otherwise publish through the site any content which is libellous, defamatory, obscene, threatening, invasive of privacy or publicity rights, abusive, illegal, or otherwise objectionable which may constitute or encourage a criminal offence, violate the rights of any party or which may otherwise give rise to liability or violate any law. You may not upload commercial content on the site or use the site to solicit others to join or become members of any other commercial online service or other organisation.
BlueMouth does not and cannot review all communications and materials posted to or created by users accessing the site, and is not in any manner responsible for the content of these communications and materials. You acknowledge that by providing you with the ability to view and distribute user-generated content on the site, BlueMouth is merely acting as a passive conduit for such distribution and is not undertaking any obligation or liability relating to any contents or activities on the site. However, BlueMouth reserves the right to block or remove communications or materials that it determines to be (a) abusive, defamatory, or obscene, (b) fraudulent, deceptive, or misleading, (c) in violation of a copyright, trademark or; other intellectual property right of another or (d) offensive or otherwise unacceptable to BlueMouth in its sole discretion.
You agree to indemnify, defend, and hold harmless BlueMouth, its officers, directors, employees, agents, licensors and suppliers (collectively the “Service Providers”) from and against all losses, expenses, damages and costs, including reasonable attorneys’ fees, resulting from any violation of these terms and conditions or any activity related to your account (including negligent or wrongful conduct) by you or any other person accessing the site using your Internet account.
In an attempt to provide increased value to our visitors, BlueMouth may link to sites operated by third parties. However, even if the third party is affiliated with BlueMouth, BlueMouth has
no control over these linked sites, all of which have separate privacy and data collection practices, independent of BlueMouth. These linked sites are only for your convenience and therefore you access them at your own risk. Nonetheless, BlueMouth seeks to protect the integrity of its web site and the links placed upon it and therefore requests any feedback on not only its own site, but for sites it links to as well (including if a specific link does not work).
Whilst Bluemouth will ensure that all information on orders is correct, shipping and delivery is administered and processed by a third party supplier whom Bluemouth does not have control over. Incorrect information that has been provided during the order process, either accidently or via autofill will cause delays and potentially non-delivery. Any additional costs incurred in re-sending these items will be passed on and need to be paid prior to product being resent. Timing, delivery and handling issues are not within Bluemouth’s control and may be affected by local and global issues such as COVID, restricted business practices or natural disasters. Bluemouth is not liable for circumstances which may cause delays in delivery. Bluemouth will continue to provide communications as required to update delivery information with customers. Bluemouth is not liable for delays or lost shipments due to unforeseen circumstances.