Website Terms of Use


These Terms of Use ("Terms of Use") govern your use of our website located at www.breezebalm.com("Website") and form a binding contractual agreement between you, the user of the Site and us, Leonard Enterprises Pty Ltd A.C.N. 614 989 678 t/as Breeze Balm.


For that reason these Terms are important and you should ensure that you read them carefully and contact us with any questions before you use the Site. You can contact us on customercare@breezebalm.com.


By using the Website you acknowledge and agree that you have had sufficient chance to read and understand the Terms of Use and you agree to be bound by them. If you do not agree to the Terms of Use, you must not use the Website.


  1. Licence to use Website


1.1          We grant you a non-exclusive, worldwide, non-transferable licence to use the Website in accordance with the terms and conditions set out in this Terms of Use.


1.2          You may access and use the Website (including any incidental copying that occurs as part of that use) in the normal manner and may also print one copy of any page within the Website for your own personal, non-commercial use.


1.3          You must not add any content to the Website:


(a)            unless you hold all necessary rights, licences and consents to do so;


(b)            that would cause you or us to breach any law, regulation, rule, code or other legal obligation;


(c)            that is or could reasonably be considered to be obscene, inappropriate, defamatory, disparaging, indecent, seditious, offensive, pornographic, threatening, abusive, liable to incite racial hatred, discriminatory, blasphemous, in breach of confidence or in breach of privacy;


(d)            that would bring us, or the Website, into disrepute; or


(e)            that infringes the intellectual property or other rights of any person.


1.4          The Website contains links to other websites as well as content added by people other than us. We do not endorse, sponsor or approve any such user generated content or any content available on any linked website.


1.5          You acknowledge and agree that:


(a)            we retain complete editorial control over the Website and may alter, amend or cease the operation of the Website at any time in our sole discretion; and


(b)            the Website will not operate on a continuous basis, and may be unavailable from time to time (including for maintenance purposes).


  1. Intellectual Property Rights


2.1          Nothing in these Terms of Use constitutes a transfer of any intellectual property rights. You acknowledge and agree that, as between you and us, we own all intellectual property rights in the Website.


2.2          By posting or adding any content onto the Website, you grant us a perpetual, non-exclusive, royalty-free, irrevocable, worldwide and transferable right and licence to use that content in any way (including, without limitation, by reproducing, changing, and communicating the content to the public) and permit us to authorise any other person to do the same thing.


2.3          You consent to any act or omission which would otherwise constitute an infringement of your moral rights, and if you add any content in which any third party has moral rights, you must also ensure that the third party also consents in the same manner.


2.4          The licence in clause 2.3 will survive any termination of these Terms.


2.5          You represent and warrant to us that you have all necessary rights to grant the licences and consents set out in clauses 2.2 and 2.3.


  1. Warranties


3.1          You represent and warrant to us that:


(a)            you have the legal capacity to enter these Terms of Use; and


(b)            you have complied with clause 1.3.


  1. Liability


4.1          To the full extent permitted by law, we exclude all liability in respect of loss of data, interruption of business or any consequential or incidental damages.


4.2          To the full extent permitted by law, we exclude all representations, warranties or terms (whether express or implied) other than those expressly set out in these Terms of Use.


4.3          These Terms of Use are to be read subject to any legislation which prohibits or restricts the exclusion, restriction or modification of any implied warranties, conditions, guarantees or obligations.


  1. Termination


5.1          These Terms of Use terminate automatically if, for any reason, we cease to operate the Website.


5.2          We may otherwise terminate these Terms of Use immediately, on notice to you, if you have breached these Terms of Use in any way.

 

  1. Social Media


6.1          We use a number of social media sites (eg. Facebook , Instagram, Snapchat); but these might change over time. We reserve the right to cease any such sites in our discretion. Our Website may include social media functions, including user reviews, ratings, forums, and the ability to interact with other users.

 

6.2         Third party social media sites will also be governed by their own particular terms of use.

 

6.3         We do not necessarily endorse, support, sanction, encourage, verify or agree with any comments, opinions or statements posted by any user or member on websites or our social media sites. Any information or material placed online by users, including advice or opinions, is the view and responsibility of those users and does not necessarily represent our views.

 

6.4         You must not post or upload any comment, content or link to our social media sites which do not comply with these Terms of Use, including if it is defamatory, harassing, bullying, indecent or inflammatory;

 

  1. Cookies

 

7.1          Cookies are small pieces of information captured when your device is used to access online content. We may use cookies to improve your experience on the Website. If you disable cookies on your browser or device, you may not be able to fully experience all features of the Website.

 

 


  1. General


8.1          You must not assign, sublicence or otherwise deal in any other way with any of your rights under these Terms.


8.2          If a provision of these Terms of Use are invalid or unenforceable it is to be read down or severed to the extent necessary without affecting the validity or enforceability of the remaining provisions.


8.3          Each party must at its own expense do everything reasonably necessary to give full effect to this Agreement and the events contemplated by it.


8.4          This Agreement is governed by the laws of Queensland, Australia and each party submits to the jurisdiction of the courts of Queensland, Australia.



Updated: 24.05.18


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