TERMS AND CONDITIONS OF USE AND ACCESS:
The Blest Bras (“BB”) website and all the contents and images therein (the “Website”) is owned and operated by Orenji Pty Ltd A.C.N. 165 482 431 (the “Owner”) which is an Australian Company that trades as Blest Bras. The material, information, content and images on the Website is owned and copyright to the Owner and other related copyright Owners.
The word and term “BB”, “we” and “our” refers to the Owner. The word and term “you” and “your” and “Customer” and “Consumer” and “Client” refers to you as the Consumer and Customer.
The pages on this Website contain information about products and services available in Australia and generally in other Countries. Consumers are advised to check the individual product to determine its availability where you reside. All prices stated on the Website are in Australian Dollars. All Transactions are processed in Australian Dollars (AUD).
The products referred to on this website and any associated media including the recommendations on this website do not take into account your individual circumstances. Information provided on the website and any associated material is for personal educational use only.
The Website is available for you to access, conditional on your acceptance without limitation or alteration of these Terms and Conditions of Use and Access. You must not use this Website if you do not agree to be bound by these Terms and Conditions of Use and Access.
Except as otherwise expressly stated on this Website and to the full extent permitted by law, this Website and all information contained within it regarding or relating to the Owner and its related entities, products and services are provided “as is” and on an “as available” basis without any representation or endorsement made and without warranty of any kind, whether expressed in words or implied.
1. You may not use the Website and the material and images contained on it, for any purpose, including, but not limited to the following:
(a) The reproduction of the material in any material form;
(b) The distribution of the material in any material form;
(c) Re-transmission of the material by any medium to any other website;
(d) “framing” the material on the Website with other material on any other website.
(e) You must not modify or copy the layout of the Website or and computer software or code contained in the Website.
2. The Owner reserves all intellectual property rights, including but not limited to Business Names, trademarks, copyright in material, images and / or services provided by it, vested in it or otherwise.
3. To the full extent permitted by law, the material provided on the Website is provided for personal use only and may not be:
(a) Re-sold and / or re-distributed in any material form;
(b) Stored in any storage media; and / or
(c) Re-transmitted in any media;
Without the prior written consent of the Owner.
Links to other Websites and Advertisements
4. The Website contains advertisements from and / or links to other websites, Companies and Businesses owned and operated by third parties and which are not under the control of the Owner. The Owner:
(a) Provides the advertisements and links as a convenience to you (and in some cases the Owner may be paid for the advertisements).
(b) The existence of an advertisement or link does not imply any endorsement by the Owner of the linked website; and
(c) Is not responsible for the material contained in those advertisements or links or their associated websites.
5. Features and specifications of products and services described or depicted on the Website (including, without limitation, products manufactured or supplied through our business partners or suppliers which are displayed on the Website and their attributes) are approximate only and subject to change without notice.
6. A reference to products or services on the Website does not imply or warrant that the products or services will be available at any time in your particular locality.
7. To the full extent permitted by law the Owner disclaims any and all warranties, conditions, terms, representations and undertakings, other than as expressly set out in these Terms and Conditions, express or implied, including but not limited to:
(a) Any warranty relating to the accuracy, reliability, timeliness or otherwise of any information contained or referred to on the Website and/or of any liked sites; or
(b) Any warranty relating to the merchantability or fitness for any particular purpose for any service or product contained or referred to on the Website and/or on any linked sites.
(c) Any warranty that the Website, or the server that makes the site available are free of software viruses;
(d) Any warranty that the functions contained in any software contained on the Website will operate uninterrupted or are error-free; and
(e) Any warranty that errors and defects in the Website will be corrected.
8. Your use of the Website is at your own risk.
9. To the full extent permitted by law, neither the Owner nor any party involved in creating, producing or delivering the Website accepts any liability for the accuracy, timeliness or completeness of the information contained on the Website, whether or not the Owner is aware of such errors or omissions nor do they accept any liability for any direct, incidental, consequential, indirect, special, punitive or exemplary damages or any loss of business, interest, goodwill, revenue of profit, or loss or corruption of data arising out of your access to, or use of, or inability to use or access this Site, whether arising in tort or contract. Further, the Owner does not bear any responsibility for any errors, omissions defamatory, offensive or illegal conduct of any user of the Website.
10. The Competition and Consumer Act 2010 (Cth) legislation in Australia may confer rights and remedies on you which cannot be excluded, restricted or modified. Where it is permitted to do so, the Owner limits its liability for breach of any implied warranty, condition or undertaking which cannot be excluded, at the option of the Owner, to:
(a) In the case of services, the supply of the services again or the payment of the cost of having services supplied again; and / or
(b) In the case of goods, the replacement of the goods or the supply of equivalent goods, the repair of such goods, the payment of the cost of replacing the goods or acquiring equivalent goods, or the payment of the cost of having the goods repaired.
Use of Information gathered
Termination of Access
12. The Owner may terminate your access to the Website at any time without giving any explanation or justification for the termination of access, and the Owner has no liability for any costs, losses or damages of any kind arising as a consequence of terminating access to the Website.
Alteration of the Terms and Conditions of Use and Access
13. The Owner reserves its right to change these Terms and Conditions of Use and of Access with or without further notice to you and without giving you any explanation or justification for such change.
14. If any part of these Terms and Conditions of Use and Access is found to be void, unlawful, or unenforceable then that part will be deemed to be severable from the balance of the Terms and Conditions of Use and Access and the severed part will not effect the validity and enforceability of any remaining provisions.
15. These Terms and Conditions of Use and Access will be governed by and interpreted in accordance with the laws of Queensland, Australia, without giving effect to any principles of conflicts of laws.
16. You agree to the jurisdiction of the Courts of Queensland to determine any dispute arising out of these Terms and Conditions of Use and Access.
Prizes, gifts, offers, Promotions, Discounts and giveaways
17. Subject to any specific terms or conditions that are displayed with any prize, gifts, offer, discount and giveaway is at the time they are offered, displayed or advertised, prize, gifts, offer, discount and giveaway items or the like are offered, displayed or advertised on the Website, to the full extent permitted by law, the Owner:
(a) May withdraw the offer of the prize, gifts, offer, discount and giveaway at any time prior to the time the recipient/s of the prize, gifts, offer, discount and giveaway are to be drawn or otherwise determined, without notice to you, in the event that we are, for any reason, unable to supply the prize, gifts, offer, discount and giveaway;
(b) Will not be liable under any circumstances for any loss of profits or any damages of any kind recognised by law (even if it has been advised of the possibility of such loss of profits or damages) as a consequence of the withdrawal of the prize, gifts, offer, discount and giveaway;
(c) In the event that we are unable to supply the exact prize, gifts, offer, discount and giveaway displayed to you for any reason, we may supply in it/their place an alternative items of a similar nature and value;
(d) Supply of the alternative item/s will be in complete satisfaction of the Owners obligation to the recipient/s in respect of the prize, gifts, offer, discount and giveaway items/s, to the extent permitted by law;
(e) Will not be liable under any circumstances for any loss of profits or any damages of any kind recognised by law (even if it has been advised of the possibility of such loss of profits or damages) as consequence of the supply of the alternative item/s; and
(f) Consumers and Customers in receipt of prize, gifts, offer, discount and giveaway items are prohibited from on-selling or profiteering from such products. Failure to comply may result in exclusion from all future competitions, giveaways and offers.
18. The prize, gifts, offer, discount, giveaway and services are offered to consumers in Australia only (unless otherwise stated) and they will not be posted or awarded to persons who are non Australian Citizens or non Australian Residents. A prize, gift, offer, discount or giveaway are not transferable for cash. The prize, gifts, offer, discount and giveaway are single use and are not eligible to be used in conjunction with any other Blest Bras prize, gifts, offer, discount and giveaway.
Participation in Interactive portions of the Website
19. The Website may contain interactive components where you can submit material to the Website.
20. Any intellectual property rights in any material submitted to the Website becomes and remains the sole property of the Owner. You consent to all relevant acts or omissions in relation to that person’s moral rights in his or her material which may or might otherwise constitute a breach or infringement of those moral rights and, to the extent permitted by law, waives all of his or her moral rights in the material.
21. The Owner may, but is not obliged to, moderate any material you submit to the Website including, without limitation, changes to spelling and grammar. The Owner reserves the right to remove any material for any or no reason. We may also restrict, suspend or terminate your use of the Website where we believe that you have misused it or breached the Terms and Conditions of Use and Access.
22. You warrant that any material you provide:
(a) does not infringe the intellectual property rights or any rights of any person;
(b) is not illegal, fraudulent, sexist, racist, or in breach of any anti-discrimination law;
(c) is not misleading or deceptive;
(d) is not defamatory;
(e) is not obscene, offensive or is in any way unsuitable for people under the age of 18 years;
(f) is not classified MA15+, X18+, R18+ or RC pursuant to the classifications set out in the Classification (Publications, Films and Computer Games) Act 1995 (Cth);
(g) is not classified but if it were classified pursuant to the classifications set out in the Classification (Publications, Films and Computer Games) Act 1995 (Cth) is not reasonably likely to be classified MA15+, X18+, R18+ or RC;
(h) complies with this Agreement.
You indemnify and hold the Owner harmless for any loss arising out of the Owner’s use of any material you submit to the Website, including without limitation, your breach of the warranties in this Clause.
23. You also warrant that any material you provide is your own personal view. If you submit material to the Website, you must disclose any affiliation with a Company or Organisation in the retail clothing and underwear industry.
24. If any part of these Terms and Conditions of Use and Access is found to be void, unlawful, or unenforceable then that part will be deemed to be severable from the balance of the Terms and Conditions of Use and Access and the severed part will not effect the validity and enforceability of any remaining provisions.
25. These Terms and Conditions of Use and Access will be governed by and interpreted in accordance with the laws of Queensland, Australia, without giving effect to any principles of conflicts of laws.
26. You agree to the jurisdiction of the Courts of Queensland to determine any dispute arising out of these Terms and Conditions of Use and Access.