WEBSITE TERMS AND CONDITIONS
Welcome to www.bearjournal.com (the “Site”), a website owned and operated by BEAR JOURNAL PTY LTD (“BEAR”).
1 ACCESS AND USE SUBJECT TO TERMS AND CONDITIONS
Your access to and use of the Site is subject to these terms and conditions (“Terms and Conditions”) and by using the Site and/or placing an order you acknowledge and agree to these Terms and Conditions. BEAR reserves the right to amend these Terms and Conditions at any time at its discretion. Any changes will be posted on the Site and will become effective immediately. Continued use of the Site following any change to these Terms and Conditions will be deemed acceptance thereof, and each time you access or use the Site you acknowledge and agree to the Terms and Conditions as applicable at that time. If you do not agree with any provision of these Terms and Conditions you must not use the Site.
All information on this Site is provided for general informational purposes only and is not intended nor should it be taken as a substitute for advice of your medical or healthcare professional. You expressly agree that your use of the Site and any information on or available through the Site, and any actions you take or do not take in connection therewith, are at your sole risk. To the maximum extent permitted by law, BEAR gives no express or implied warranties and makes no representations in connection with any information contained on the Site, including without limitation as to the completeness, accuracy, reliability, efficacy or currency of that information. Prior to using any health, nutritional, vitamin, supplement or related product you should seek the advice of a qualified medical or health professional to ensure such product is appropriate for your personal circumstances. You should not use or rely on any information on the Site for any purpose including without limitation in connection with the diagnosis or treatment of a medical or health condition. If you have or suspect that you have a medical or health condition you should immediately contact your doctor or qualified health professional.
3 LIMITATION OF LIABILITY
Subject to the provisions of relevant consumer protection legislation that cannot be excluded by law, BEAR accepts no liability in connection with any information on the Site being incorrect, incomplete or misleading in any respect or for any product, good or service supplied or available via the Site. You agree that to the maximum extent permitted by law BEAR will not be liable to you or any other person for any loss, damage, cost or expense including any indirect or consequential loss, damage, cost or expense, however caused including due to breach of contract, negligence and/or breach of statute, which may be suffered or incurred or which may arise from or in connection with use of the Site, use of any product purchased or available through the Site, use of or reliance upon any of the information, products or materials contained on the Site, or our negligence or breach of any obligations under these Terms and Conditions or applicable law. Where certain conditions or warranties implied by law cannot be excluded, BEAR’s liability will be limited at its discretion to the resupply of the relevant goods or service or a refund of the costs of those goods.
4 INTELLECTUAL PROPERTY
(a) Copyright and trade marks. Unless expressly specified otherwise, all material appearing on the Site (collectively, the “Content”) including all text, logos, graphics, design elements, photographs, images, data, typefaces, audio and video clips and all other content as well as the design and arrangement thereof is the property of BEAR or its content suppliers and is protected by copyright law. Certain Content including BEAR and all related product and service names together with all proprietary graphics, photographs and logos are registered and/or unregistered trade marks of BEAR and its related entities and may not be used in connection with any other product or service without BEAR’s express written consent. You acknowledge that all Content is protected by intellectual property rights and that these rights are valid and maybe protected in all forms, media and technologies which exist now or are developed in the future.
(b) Use of the Site. You may use the Content and the Site solely for individual personal use in connection with the purchase of BEAR’s products and for no other purpose. No Content or other materials from the Site may be copied, reproduced, republished, uploaded, modified, posted, transmitted, or distributed in any form or by any means without BEAR’s prior written consent. All rights not expressly granted under these Terms and Conditions are reserved. Unauthorised use of any Content or other materials available on the Site may violate copyright, trade mark and other applicable laws and could result in criminal or civil penalties.
(c) Links. The Site may include links to websites owned by other parties. BEAR does not endorse and is in no way responsible for any material or products contained on or any damage, offence or loss to any person visiting these websites. You may create a hyperlink to the Site provided the linked content or website does not portray BEAR, its products or any associated persons in a false, misleading, derogatory or offensive manner. If requested by BEAR you must immediately remove any hyperlink to the Site contained on your website or other digital content.
(d) Indemnity for use. You agree to indemnify and hold BEAR and its directors, officers, employees and representatives harmless from any claim or demand, including legal fees on a full indemnity basis, made by you or any third party due to or arising out of your use of the Site, any content you submit, post to or transmit through the Site, your connection to the Site, your breach of these Terms and Conditions or your infringement or violation of the rights of any person.
5 TERMS OF TRADE
When you place an order via the Site you agree and acknowledge as follows:
(b) Prices and GST. Unless expressly stated otherwise, all prices on the Site are in Australian Dollars (AUD) and are GST exclusive. We reserve the right to amend our prices at any time. Where we make a taxable supply and the price does not include GST we will be entitled to add GST. ‘GST’ means the tax payable under the A New Tax System (Goods and Services Tax) Act 1999 (Cth) and any related Act imposing such tax or legislation that is enacted to validate, recapture or recoup such tax
(c) Payment. You must pay the order amount in full together with any postage or shipping charge through the Site by credit card at the time of making the purchase offer with respect to the relevant goods. BEAR accepts major credit cards and any other valid payment methods as indicated to you via the Site at the point of payment, but accepts no responsibility for payment errors including as caused or contributed to by your issuing bank, credit card providers, merchant gateways or other payment intermediaries.
(d) Postage. Postage will typically incur an additional charge calculated and notified to you at time of purchase. Where postage is free or included in the purchase price this will be expressly stated. If an order is to be delivered to you at an international address you may need to pay additional customs charges or duties to the relevant authority in addition to the purchase and shipping amounts for your goods to be released to you. Any such charges are your sole responsibility and we encourage you to familiarise yourself with any such customs duties as may apply to your delivery.
(e) Offer and Acceptance. Your order constitutes an offer to purchase with respect to each product comprising the order for the specified price. We will at our discretion accept or reject your offer, and if we have not responded to you within 3 days your offer is deemed to be rejected. If we do not accept your offer for any reason neither of us will be under any further liability to the other arising out of your original offer or our non-acceptance thereof. BEAR is not required to give reasons for non-acceptance of an offer.
(f) Availability. We give no undertaking as to the availability of any product advertised on the Site. We will notify you as soon as practicable where any goods purchased are unavailable and will promptly provide a refund or credit note.
(g) Cancellation. Once you have submitted an order into our system it may not be possible to cancel the order even if our system notes that acceptance or rejection of your offer is still pending.
(h) Delivery. The estimated date delivery time of your order will be notified to you at the time of purchase, and if no estimated delivery time is provided will be the standard shipping time as quoted by our carriers from time to time applicable to your delivery address and the goods purchased. We give no guarantees regarding shipping time or the performance of our nominated carriers.
(i) Eligibility. Our products are for sale to adults over 18 years in age. By making a purchase on the Site you represent and warrant that you are over 18 years of age, and we may require you to confirm your age in connection with your use of the Site.
(j) Title and risk. Legal title to any product purchased by you on the Site will pass to you when we receive your payment. All risk of loss or damage to goods passes to you when we despatch the goods, and following despatch any carriage of the goods to the delivery location designated by you is undertaken by the relevant carrier(s) acting as your agent.
(k) Returns. All sales are final. Subject to these Terms and Conditions and applicable laws, due to health and safety issues items purchased on the Site cannot be returned to or exchanged with BEAR. Any items available from the Site but purchased in a retail or department store, specialty retailer or elsewhere will only be returnable to that retailer or department store in accordance with their own return policy.
(l) Order cancellation due to error. If a product is listed on the Site at an incorrect price or with incorrect descriptive information or images due to typographical error or similar oversight at the time of purchase we will notify you and reserve the right to cancel the transaction. If your credit card has been charged we agree to provide a full refund for the total amount debited.
(m) Limited purchase quantities. BEAR reserves the right to monitor, restrict and/or limit sales or the purchase quantities of products at its sole discretion. BEAR reserves the right to restrict sales to a non-commercial level at its sole discretion. In such cases BEAR will reduce product(s) to what BEAR considers a non-commercial quantity. Any commercial size quantities should be requested by email to: email@example.com.
(n) International destinations. BEAR endeavours to monitor international orders to ensure that all items ordered by customers are included in each order and that each order is safely packed for international shipping. However, BEAR has no control over international customs or postal operations and takes no responsibility for damaged items or items claimed to be missing. BEAR will not refund any international orders where such claims are made.
(o) Destination restrictions and liability. BEAR reserves the right to restrict parcels deliverable to or ordered by users located in certain international destinations in its sole discretion, including Egypt, Ghana, Indonesia, Iraq, Lebanon, Macedonia, Morocco, Nigeria, Pakistan, Romania, Serbia and Montenegro, Syria, Ukraine or Vietnam. BEAR is not responsible for the loss of any orders due to untraceable consignments numbers, nor any cost that may be incurred due to customs tax or delivery tax. BEAR holds no liability to any orders that are detained by any countries customs, this may also affect delivery times and BEAR holds no responsibility on the order being delivered within a certain timeframe or cost. BEAR cannot guarantee the quality of any consumable products delivered due to extended shipping times and weather and hold no liability on replacing/refunded them.
(p) Force majeure. If BEAR is delayed or prevented from performing any of its obligations under these Terms and Conditions by reason of any event or circumstance beyond its reasonable control BEAR will have no liability to you in respect of such non-performance and the time for performing the same will be extended until the event or circumstance has ceased.
6 ACCESS AND USE
Subject to applicable law, we reserve the right to suspend or deny, in our sole discretion, your access to all or any portion of the Site with or without notice, including for any conduct that we in our sole discretion believe is in violation of any applicable law or is harmful to the interests of BEAR or its customers. You agree that any termination of your access to the Site may be effected without prior notice, and acknowledge and agree that we may immediately deactivate or delete your registration
and all related information and files under your registration and bar any further access to such files or the Site. Further, you agree that we shall not be liable to you or any third-party for any termination of your access to the Site. These terms are effective even if your access is terminated by either party. In addition, BEAR may elect to electronically monitor areas of the Site and may disclose any content, records, or electronic communication of any kind to satisfy any law, regulation, or government request, or if such disclosure is necessary or appropriate to operate the Site or to protect BEAR’s rights or the rights of our directors, employees, representatives, sponsors, third party providers or licensors. We are not responsible for screening, policing, editing, or monitoring such content.
You indemnify BEAR and hold it harmless against all loss, actions, proceedings, costs, expenses (including legal fees on a full indemnity basis), claims and damages arising from or in connection with your actions or omissions including without limitation any breach by you of these Terms and Conditions, your access and/or use of the Site, or reliance on its contents or any information received or inferred through it by you or any person accessing any content through you.
8 PRIVACY AND SECURITY
If any provision of these Terms and Conditions is found to be invalid or unenforceable for any reason such term shall be severed and the remaining terms shall be unaffected and remain in full force and effect and the parties must use all reasonable endeavours to negotiate a suitable substitute provision.
11 APPLICABLE LAW
Notwithstanding any location where you reside or may be located at the time you access, place an order or make a payment via the Site, you agree that as far as legally possible these Terms and Conditions, your use of this Site and any sale contract formed shall be governed by the laws in existence from time to time in Victoria, Australia. Any claim relating to the Site, the good or services provided through the Site or the Content shall be governed by the laws of the state of Victoria, Australia and you irrevocably submit to having the matter dealt with by the courts in Victoria, Australia.
12 ENTIRE AGREEMENT