Terms and Conditions
Date of last update: 18 August 2020
SECTION 1 - LEGAL CAPACITY
You must be eighteen (18) years of age or over to open an account with BluePro or purchase products from the website. By placing an order to purchase a product, you acknowledge that you are over the age of eighteen (18) years. BluePro reserves the right to take legal action and seek compensation from the parent or guardian of a minor that causes an order to be placed, for any loss or damage that BluePro may suffer as a result of a transaction entered into by a minor.
SECTION 2 – PRODUCT DESCRIPTIONS
BluePro uses reasonable efforts to ensure that information provided through this website is accurate and current. However, BluePro cannot guarantee the accuracy, adequacy, completeness of information on this website or that it is up to date. For example:
- Prices and colours of products may change, and all products are subject to availability;
- Variations to products may occur from time to time for various reasons including changes in ranges or product specifications;
- While BluePro uses reasonable efforts to represent products (including colours accurately), the representation on your screen may be different to the actual product;
- Descriptions of products are summaries only. Further information is available on request;
- BluePro may withdraw any product from sale for any reason, however, that product might still appear on our website for a period of time after that withdrawal; and
- Due to technical or human error, information may be recorded incorrectly or omitted.
SECTION 3 - ORDER AND AVAILABILITY
When you order a product from BluePro and pay for the product in full, a binding agreement will come into existence between you and BluePro. These Terms of Service will apply in relation to the supply of the product.
If you place an order by mistake or in error, you must immediately contact us at firstname.lastname@example.org to cancel the order. BluePro reserves the right to charge a cancellation fee.
All stock availability as represented by BluePro is accurate in accordance with our current stock levels. However, if, for any reason, BluePro cannot supply a product you have ordered, we will let you know to amend, cancel or delay delivery until stock arrives as agreed with you. BluePro reserves the right to limit the sale of our products or services to any person, geographic region or jurisdiction. BluePro may exercise this right on a case-by-case basis. BluePro reserves the right to limit the quantities of any products or services that we offer.
SECTION 4 - PRICE AND PAYMENT
All prices for our products and services are listed on our website in Australian dollars and are inclusive of Goods and Services Tax (GST). International orders (where available) will be processed in Australian dollars. If you order products for delivery outside Australia (where available), the products may be subject to import duties and taxes which are levied when the delivery reaches its final destination. You will be responsible for payment of these duties and taxes.
BluePro uses reasonable efforts to ensure prices and product information displayed in our stores, catalogues or advertisements are correct and up-to-date. BluePro may alter prices for any reason at any time. If there is a pricing mistake on our website, we are not obliged to honour such price, and will contact you prior to processing your order. Unless otherwise stated, all sale and promotional advertisements relate to the original price of our products and while stocks last.
Payment in full is required at the time of placing an order. BluePro accepts payment by credit, debt card and PayPal or any other means reasonably determined by us from time to time.
Your tax invoice will be sent to you via email when the items you have ordered are delivered.
SECTION 5 – DELIVERY & SHIPPING
Unless stated otherwise, shipping costs are in addition to the prices for our products and services, and will be added to your order at checkout. We use third party service providers to deliver your goods. We take no responsibility whatsoever for delayed deliveries as we rely on these third-party service providers to deliver within their recommended service time frames. Upon dispatch, a tracking number will be emailed to you. Please use this information to track delivery of your order.
SECTION 6 - ACCOUNT REGISTRATION, INFORMATION AND PASSWORDS
If you wish to use certain features of the website, you may open an account with BluePro and provide the required information to us (“Account”). You must ensure that the information you provide is adequate, complete and current. You may not have more than one (1) Account. It is your responsibility to protect your password. You agree to not disclose your password to any third party, and you are responsible for any activities or actions under your Account whether you have allowed such activities or actions. Any unauthorised use of your Account must be notified to us immediately. Alternatively, when you make a purchase on our website, you may do so without creating an account and by using our guest checkout When you use guest checkout, you will be required to provide your name, email address and delivery address.
SECTION 7 - THIRD-PARTY LINKS
This website may contain links to third party websites. Those links are provided for your convenience only. BluePro is not responsible for the accuracy or currency of the content on those websites. BluePro does not endorse any information, goods or services referred to within those websites, and our provision of these links should not be taken as an endorsement.
SECTION 8 - USER COMMENTS, FEEDBACK AND OTHER SUBMISSIONS
You may post your own personal reviews of product usage so long as the content is not illegal, obscene, threatening, defamatory, invasive of privacy, infringing of intellectual property rights, or otherwise injurious to third parties or objectionable and does not consist of or contain software viruses, political campaigning, commercial solicitation, chain letters, mass mailings, or any form of “spam”. You may not use a false e-mail address, impersonate any person or entity, or otherwise mislead as to the origin of the content. BluePro reserves the right to remove or edit such content; however is not obligated to do so.
Any reviews (including your display name) submitted shall be and remain our property and we shall have the unrestricted, worldwide right to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, perform and display such material and information (in whole or part) worldwide and/or incorporate it in other works in any form, media, or technology. You also warrant that any “moral rights” in posted reviews have been waived.
SECTION 9 - PERSONAL INFORMATION
SECTION 10: INTELLECTUAL PROPERTY
This website and its contents are subject to copyright. The copyright is owned by BluePro, or in the case of some material, third parties. You may view this website and its contents using your web browser and electronically copy and print hard copies of parts of this website and its contents for personal, non-commercial use. Any other use, copying or reproduction is prohibited without our prior written approval.
Nothing contained in this website shall be construed as granting any licence or right to use any trade mark displayed on this website. BluePro is a registered trade mark of Ideal Products Pty Ltd (Australian trade mark number 2026001).
SECTION 11 - DISCLAIMER OF WARRANTIES; LIMITATION OF LIABILITY
BluePro makes no representations or warranties of any kind, express or implied, in relation to any information, content, materials or products included in this website or to its availability, functionality or performance, except as otherwise provided under any applicable law.
BluePro does not accept responsibility for any loss or damage (including special, indirect or consequential loss, loss of profit or opportunity, damage to goodwill, loss of data), howsoever caused, which you may directly or indirectly suffer in connection with your use of our products, services and this website, nor do we accept any responsibility for any such loss arising out of your use of, or reliance on, information contained on, or accessed through this website. BluePro disclaims any such representations or warranties as to the completeness, accuracy, merchantability or fitness for purpose of this website or the information that it contains.
If you choose to use the website, you do so at your own risk. BluePro makes no representation that anything offered through the website is available for use in other locations, or that it complies with laws and regulations of other locations. BluePro makes no warranty that the website will meet your requirements or be available on an interrupted, secure and error-free basis. BluePro makes no warranty regarding accuracy, timeliness, truthfulness, completeness of reliability of any content obtained through the website.
BluePro’s total liability arising out of or in connection with the products, the services or these Terms of Service, however arising, including under contract, tort (including negligence), in equity, under statute or otherwise, will not exceed the total price paid by you for the purchase of products and services under these Terms of Service.
Where by law we are unable to exclude terms, guarantees, warranties, representations or conditions but are able to limit them, to the extent permissible by law we limit our liability for any breach, at our option, to the repair or replacement of products, or payment of the cost of repairing or replacing the products or in the case of services, to supplying the services again or the cost of having the services supplied again.
To the extent permitted by law, any typographical, clerical or other error or omission in sales literature, quotation, price list, acceptance or offer, invoice or other documents or information issued by us will be subject to correction without any liability on our part.
SECTION 12 - INDEMNIFICATION
You agree to indemnify BluePro and its parent, subsidiaries, affiliates, partners, officers, directors, agents, contractors, licensors, service providers, subcontractors, suppliers, interns and employees, from any damages, losses, penalties, fines, expenses and costs (including legal fees), which arise out of or relate to your use of this website, any information that you provide via this website or any damage that you may cause to this website.
SECTION 13 - SEVERABILITY
In the event that any provision of these Terms of Service is determined to be illegal, invalid or unenforceable, such provision shall nonetheless be enforceable to the fullest extent permitted by applicable law, and the unenforceable portion shall be deemed to be severed from these Terms of Service, such determination shall not affect the validity and enforceability of any other remaining provisions.
SECTION 14 – WAIVER
Except as otherwise specifically provided in these Terms of Service, no failure to exercise, or delay in exercising, any right, power or privilege set out in these Terms of Service will operate as a waiver of any right, power or privilege.
SECTION 15 - TERMINATIONBluePro may, in its sole discretion, temporarily or permanently suspend, cancel or terminate your Account, and/or access and/or use to all or part of the website, with or without notice and for any reason including (but not limited to) breach of these Terms of Service, without incurring any liability. No such action on our part will affect any of our rights or your responsibilities under these Terms of Service.
SECTION 16 - ENTIRE AGREEMENT
These Terms of Service supersede all prior oral or written understandings and/or representations between the parties (unless specifically incorporated into these Terms of Service) and constitute the entire agreement with respect to its subject matter.
SECTION 17 - GOVERNING LAW
These Terms of Service, and all related matters, shall be governed and interpreted by the laws of New South Wales, Australia. Any dispute under these Terms of Service shall be subject to the exclusive jurisdiction of the courts of New South Wales, Australia. Each party submits to the jurisdiction of the courts of New South Wales and of any court that may hear appeals from any of those courts, for any proceedings in connection with the Terms of Service.
SECTION 18 - CHANGES TO TERMS OF SERVICE
BluePro reserves the right, in its sole discretion, to update, change or replace any part of these Terms of Service by posting updates and changes to our website. When we change these Terms of Service, we will also update the “Date of last update” at the top of the page. It is your responsibility to check our website periodically and ensure you are familiar with any changes. Your continued use of or access to our website or the Service following the posting of any changes to these Terms of Service constitutes acceptance of those changes.
SECTION 19 - FEEDBACK
We value and welcome your feedback, comments and suggestions. If you have any feedback, comments or suggestions, please contact us at email@example.com.