WEBSITE TERMS OF USE
From time to time, Bodyline
imports Pty Limited as trustee for Bodyline imports Unit Trust ABN 27 192 108 807
(“Bodyline imports”), may make services available via the www.bodylineimports.com.au
website, such as online ordering services (“Bodyline imports Website
Services”). These Bodyline imports Website Services, and the Bodyline imports Website,
will be collectively referred to as " Bodyline imports Website" in
these terms.
Your access to and use of Bodyline
imports Website is subject to these terms and Bodyline imports Privacy
Statement which are deemed to be incorporated in these terms (collectively
“Terms of Use”). Please read and understand the Terms of Use prior to using the
Bodyline imports Website.
Unless expressly stated
otherwise in these terms, the Bodyline imports Website is for the use of
residents of Australia only.
What you must do
1.1 You must use Bodyline
imports Website in accordance with the Terms of Use.
1.2 You may use a security
credential ("Customer ID") to access Bodyline imports Website. The
Customer ID could take the form of a username and password, a digital
certificate or another security-related technology. Bodyline imports may
require you to use a different type of Customer ID to access different parts of
Bodyline imports Website. The Customer ID may be used only for the purposes of
accessing Bodyline imports Website and for authorising instructions or requests
using the Bodyline imports Website services made available from Bodyline imports
Website. Any other use of your Customer ID is prohibited.
1.3 If you are under 18 years
of age, and do not have an Bodyline imports account, you must obtain a
parent/guardian's consent prior to using Bodyline imports Website.
1.4 If you are using Bodyline imports
Website on behalf of another person ("Authorising Person"); for
example, your employer, you must be authorised to use Bodyline imports Website
and agree to the Terms of Use, on behalf of the Authorising Person.
What you must not do
2.1 You must not:
• use Bodyline imports Website
for any activities, or post or transmit to or via Bodyline imports Website any
information or materials, which breach any laws or regulations, infringe a
third party's rights or privacy, or are contrary to any relevant standards or
codes;
• use Bodyline imports Website
in a way, or post to or transmit to or via Bodyline imports Website any
material, which interferes with other users or defames, harasses, threatens,
menaces or offends any person or which inhibits any other user from using or
enjoying Bodyline imports Website;
• use Bodyline imports Website
to send unsolicited commercial or bulk electronic mail messages to anyone;
• make any fraudulent or
speculative enquiries, bookings, reservations or requests using Bodyline imports
Website;
• use another's Customer ID or
name without permission;
• provide false information
when registering or changing your Bodyline imports Website registration
details;
• impersonate another person
when using Bodyline imports Website;
• post to or transmit to or via
Bodyline imports Website any obscene, indecent, inflammatory or pornographic
material or material that could give rise to civil or criminal proceedings;
• tamper with, hinder the
operation of or make unauthorised modifications to Bodyline imports Website;
• knowingly transmit any virus
or other disabling feature to or via Bodyline imports Website; or
• attempt any of the above acts
or permit another person to do any of the above acts.
Security
3.1 For security reasons Bodyline
imports may require you to re-authenticate yourself from time to time, for
example after a period of inactivity on the connection between your browser and
the Bodyline imports Website servers. In addition to the types of loss set out
in clauses 6.3 to 6.6 for which Bodyline imports is not responsible, Bodyline
imports is not responsible for any information you may lose if the Bodyline
imports Website servers terminate your browser session due to prolonged periods
of inactivity between your browser and the Bodyline imports Website servers.
3.2 You must comply with all
directions issued by Bodyline imports relating to use of your Customer ID and
access to Bodyline imports Website. Bodyline imports is not responsible for
providing the computer, hardware, software or any other equipment necessary to
access the Internet. You must not send or disclose any part of your Customer ID
that is meant to be confidential ("Confidential Component of your Customer
ID") (for example, the password component of your Customer ID) to any
other person or store it in a manner that would reasonably allow another person
or entity to obtain access to it, except as specified in clause 3.3 below. If
you use a workplace email address to access Bodyline imports Website, you are
responsible for ensuring that such use complies with any rules, policies or
protocols which apply to the use of the Internet in your workplace.
3.3 You must not keep the
Confidential Component of your Customer ID in a location where it is capable of
being copied or used by any other person or disclose the Confidential Component
of your Customer ID to any other person, other than:
• another person authorised by
you to access and use Bodyline imports Website on your behalf; or
• another person authorised by
the Authorising Person (for example, another employee) to access and use Bodyline
imports Website on their behalf, in each case provided that the other person
("Authorised Person") agrees to be bound by the Terms of Use.
3.4 Bodyline imports is
entitled to rely on your Customer ID as evidence of your identity and authority
for the purposes of Bodyline imports Website (including, for example, for the
purpose of making payments to Bodyline imports using your credit card details,
and for the purpose of nominating email addresses or phone numbers to which Bodyline
imports may send billing and payment information relating to your Bodyline
imports accounts). You are responsible for all use of Bodyline imports Website
and your Customer ID where you have not complied with the Terms of Use. Other
than by reference to a person's Customer ID, Bodyline imports cannot and does
not verify that each person who accesses Bodyline imports Website is in fact
the person they say they are, or acts with the authority of the person whose
Customer ID they use.
3.5 You must immediately notify
Bodyline imports if you become aware:
• that the Confidential
Component of your Customer ID has been compromised or is known by a third party
(other than by an Authorised Person); or
• of any unauthorised use of
your Customer ID.
In the event that you notify us
of either of these things, Bodyline imports will take reasonable steps to
deactivate the Customer ID and issue you with a new Customer ID within a
reasonable time of being so notified. Notice provided by you under this clause
does not release you from your responsibilities under the Terms of Use.
3.6 Bodyline imports will take
reasonable steps to secure Bodyline imports Website and the systems in our
control that are used to access Bodyline imports Website. However, the internet
is sometimes unreliable and is a difficult medium to secure. Bodyline imports
does not guarantee the security of Bodyline imports Website or the systems
(including the internet and your hardware and software) used to access Bodyline
imports Website, or any information that passes through such systems.
3.7 The Bodyline imports
Website is hosted behind a firewall with access only via standard web port 80.
All credit card and personal details are captured on secured pages using 128
Bit encryption. Credit card details are not stored except for the first 4
digits
and
last 4 digits. All transactions are processed in real time with the Bodyline
imports’s bank’s payment gateway via a secure connection.
Privacy
4.1 Bodyline imports may use
and provide personal information about you that is collected by Bodyline
imports on Bodyline imports Website. The collection and provision of this
information is subject to privacy laws. Bodyline imports will comply with the Bodyline
imports Privacy Statement in dealing with any personal information provided by
you via Bodyline imports Website.
4.2 Bodyline imports offers you
the ability to access personal information under the Terms of Use, on the
strict condition that you only do so for the sole purpose of accessing your own
personal information or accessing personal information of the Authorising
Person, as authorised by the Authorising Person.
4.3 To avoid doubt:
• by authorising a person to
use your Customer ID under clause 3.3, you authorise Bodyline imports to
disclose to that person your personal information; and
• by requesting via Bodyline
imports Website that Bodyline imports send billing and payment information to a
person's email address or phone number, you authorise Bodyline imports to
disclose to that person your personal information, in each case including
information related to your Bodyline imports billings and payments.
Online Bills
5.1 It is your responsibility
to regularly check the Bodyline imports Website for your delivered Bodyline
imports online bills, which will generally be sent in accordance with normal
billing cycles.
5.2 Bodyline imports is not
obliged to notify you when a new bill is made available on the Bodyline imports
Website. As a courtesy, however, Bodyline imports will attempt to give you
notice that your bill is available for viewing online (for example, by SMS or
email). It is your responsibility to contact Bodyline imports if you do not
receive bill notices.
5.2 Once your bill is delivered
to the Bodyline imports Website, your bill is payable by you by the due date
specified in the bill, whether or not you receive, open or read any emails from
Bodyline imports regarding online billing and whether or not you access or view
your bill on the Bodyline imports Website.
5.4 If you request via Bodyline
imports Website that Bodyline imports send billing and payment information to a
person's email address or phone number, you nominate that person as your agent
for the purpose of receiving Bodyline imports billing and payment information.
5.5 The presentation of an
online bill may be affected by the settings or quality of the computer
equipment and including software you use to view the online bill. Bodyline
imports cannot control this, and Bodyline imports do not guarantee that the
presentation of the online bill you view will not be distorted.
Our liability to you
6.1 Given the nature of
telecommunication systems, particularly the internet, Bodyline imports cannot
guarantee that the Bodyline imports Website will always be available or fault
or virus free.
6.2 The terms that apply to the
supply of Bodyline imports Website are those that are expressly set out in this
document and those implied by consumer protection laws to the supply of this
service that are unable to be excluded. No other terms apply.
6.3 Bodyline imports’s
liability is limited by the terms of clauses 6.4 to 6.6 below and of Bodyline
imports’s Terms of Trade which appear on the Bodyline imports Website.
6.4 Bodyline imports is not
responsible for: loss caused by factors which could reasonably be considered to
be outside our control, such as faults in third party equipment; loss of data;
or loss of profits or revenue; and any loss to the extent that it is caused by
you, for example, through your negligence or breach of contract.
6.5 You must take reasonable
steps to minimise the extent of the loss you may suffer as a result of your use
Bodyline imports Website.
6.6 You must notify us in
writing of your loss as soon as is reasonably possible.
Your liability to us
7.1 You are liable to us for
breach of contract or negligence under the principles applied by the courts.
Change of the Terms of Use
8.1 Bodyline imports may change
the Terms of Use by giving notice to you in accordance with this clause 8 and
clause 10.2. The period of notice Bodyline imports will give you depends on the
type of change.
8.2 If the change will benefit
you, Bodyline imports can make the change immediately and Bodyline imports is
not required to notify you prior to the change.
8.3 If the change has a
detrimental impact on you but is: required by law; necessary for security
reasons; to prevent fraud; or for technical or infrastructure reasons, Bodyline
imports will try to give you 3 days prior notice of the change. Sometimes, due
to the nature of the change, Bodyline imports may not be able to give you three
days prior notice but Bodyline imports will give you as much notice as Bodyline
imports reasonably can. Notice may be provided to you in the manner set out in
clause 10.2.
8.4 If Bodyline imports
reasonably considers that the change will have a significant detrimental impact
on the majority of our customers using Bodyline imports Website or on a
specific class of customers who use Bodyline imports Website in a particular
way (and you are one of this class), and the change is not of a type described
under clause 8.3, Bodyline imports will give you at least 30 days prior notice
of the change.
8.5 If the change is not of a type
described in clause 8.2, 8.3 or 8.4, Bodyline imports will give you at least 10
days prior notice of the change.
8.6 If Bodyline imports changes
the Terms of Use under this clause 8, you may choose to stop using Bodyline
imports Website. Any use of Bodyline imports Website after a change of the
Terms of Use takes effect will be governed by the varied Terms of Use.
8.7 Bodyline imports does not
have to notify you if Bodyline imports makes changes to the Bodyline imports
Website.
Termination
9.1 You may stop using Bodyline
imports Website at any time, for any reason.
9.2 Bodyline imports may stop
making Bodyline imports Website, or a part of Bodyline imports Website,
available with 30 days prior notice. Notice may be given in the manner set out
in clause 10.2.
9.3 Bodyline imports may
immediately suspend, terminate or limit your access to Bodyline imports Website
if:
• you are in breach of the
Terms of Use and:
(i) the breach is something
which cannot be remedied; or
(ii) you fail to remedy the
breach within 30 days of our written notice to you of that breach; or
• there is an emergency.
9.4 If you enter a contract for
the supply of goods and/or services via Bodyline imports Website, that contract
will not be affected if Bodyline imports stops making Bodyline imports Website
or part of Bodyline imports Website available to you.
Communication with you
10.1 As part of some Bodyline
imports Website services available via Bodyline imports Website, Bodyline
imports may communicate with you via email, or an SMS, or both, to an email
address or a mobile phone number nominated by you. When Bodyline imports does
this (except as set out in clause 10.2), the following will apply:
• you are responsible for
ensuring that your contact details for the online service/s are current, your
email service or mobile phone account is operational and that you check your
emails or mobile phone regularly for messages; and
• you must notify Bodyline
imports as soon as possible of any changes to your contact details for the
online services using the online method provided by Bodyline imports.
10.2
Despite clause 10.1, for the purposes of clauses 8 and 9.2, Bodyline imports
will give you notice by posting the content of the notice to Bodyline imports
Website.
10.3 From time to time, in
addition to giving you notice in the way required of us by clause 10.1 or 10.2,
Bodyline imports may choose to also give you notice by another method. If Bodyline
imports give you such additional notice, you should not presume that Bodyline
imports will do this every time.
Use of your information and
material
11.1 When you send us any
feedback, suggestions, ideas or other materials in relation to or via Bodyline
imports Website, you agree that Bodyline imports can use, reproduce, publish,
modify, adapt and transmit them to others free of charge and without
restriction, subject to our obligations in our Privacy Statement.
General matters
12.1 This agreement is governed
by the law in force in the State of New South Wales, Australia, and the parties
irrevocably submit to the non-exclusive jurisdiction of the courts of New South
Wales, Australia and courts of appeal from them for determining any dispute
concerning this agreement.
12.2 If any of the Terms of Use
are invalid or unenforceable, it will be struck out and the remaining terms
will remain in force.
12.3 If Bodyline imports does
not act in relation to a breach by you of the Terms of Use, this does not waive
our right to act with respect to subsequent or similar breaches. If you do not
act in relation to a breach by us of the Terms of Use, this does not waive your
right to act with respect to subsequent or similar breaches.
12.4 You may not assign or
transfer your rights or benefits under the Terms of Use to any other person or
entity without our prior consent, which Bodyline imports will not unreasonably
withhold.
Copyright
13.1 All copyright and other
intellectual property rights subsisting in the Bodyline imports Website and
content on it are owned or licensed by us and protected by the laws of
Australia. You are authorised to view the Bodyline imports Website and its
contents using your web browser. You must not otherwise reproduce, transmit,
communicate, adapt, distribute, sell, modify or publish or otherwise use any of
the material on the Bodyline imports Website except as permitted by statute or
with our prior written consent.
Trade mark
13.1 The Bodyline imports
Website includes registered trade marks and trade marks which are the subject
of pending applications or which are otherwise protected by law including, but
not limited to the word BODYLINE IMPORTS and the Bodyline imports logo. You may
not use our trade marks or the names ‘Bodyline imports Industries Pty Limited',
‘Bodyline imports Industries Unit Trust’ or the name of any of our related
entities without our prior written consent.
Links to third party sites
14.1 The Bodyline imports
Website may contain links to third party websites. The links are provided
solely for your convenience and do not indicate, expressly or impliedly, any
endorsement by us of the sites or the information, products or services
provided at those sites. You access those sites and use the information,
products and services made available at those sites solely at your own risk.
Linking to Bodyline imports
Website
15.1 Bodyline imports welcomes
links to the Bodyline imports Website in accordance with the following terms
and conditions:
• You may only create a link to
the front page of the Bodyline imports Website, for example, www.Bodyline
imports.com.au. You must not create any links to a specific webpage within the Bodyline
imports Website, a practice often known as "deep linking".
• You must not create the link
or use it in any way to represent or imply falsely, deceptively or confusingly
that Bodyline imports sponsor, endorse or are affiliated with or related to any
third party (including you) or product; or that you are providing, or are the
source of, any goods or services provided by us.
• You use the link to the Bodyline
imports Website at your own risk. Except to the extent that any law imposes
liability on us which cannot be excluded, Bodyline imports will not be liable
for any loss or damage from any cause (including negligence) to your website
and system, or to people linking to us from your website(s), caused by or in
connection with a link to the Bodyline imports Website. Any such loss or damage
will be your responsibility.
• Your website, and any
material on it, must conform to accepted standards of public decency and good
taste. It must not expose us to any risk of liability under any criminal or civil
law, or liability arising from the infringement of a third party's rights.
Neither you nor the material on your website may disparage us or our goods or
services.
• You agree to indemnify us and
keep us indemnified against all actions, claims, costs, demands, damages or
liability arising in any manner from a breach by you of these terms and
conditions.
• Your website must not frame a
webpage of the Bodyline imports Website, and when a link to the Bodyline
imports Website created in accordance with terms of this Notice is clicked by a
user: the front page of the Bodyline imports Website must be shown in full
without distortion; and the URL of the front page of the Bodyline imports
Website (e.g. www.Bodylineimports.com.au) must be displayed in the address bar
of the user's web browser.
Terms of Use – April 2011
© Bodyline imports Pty Limited
as trustee
for Bodyline imports Pty Limited Unit Trust ABN 55 158 647 002