Terms & Conditions

As a user of the BluBag™ Australia website (‘www.blubag.com.au’), you are agreeing to be bound by the following terms and conditions. Accordingly, you should review them in relation to all or part(s) of the website.

Definitions

‘BluBag™ Australia’ means Remote Technology Solutions Pty Ltd (T/A BluBag™ Australia) and all of its related body corporates. A related body corporate means a related body corporate as defined in the Corporations Act 2001 (Cth).

‘Hyperlink’ means any mechanism of providing a link from one location on the Internet (or a web page) to another location on the Internet (or a different web page, or a different location on the same web page), and includes any mechanism for linking to, or providing access to, files via the Internet.

‘Intellectual Property’ means all intellectual property rights as defined by Article 2 of the World Intellectual Property Organisation Convention of 1967, in any inventions, designs, trademarks, trade names, circuit layouts, plant varieties, business and domain names, logos and get-up, confidential information, matter, materials or works accessible on or via the BluBag™ Australia websites.

License

By allowing you to access the website, BluBag™ Australia grants to you a license. By accessing the website, you accept the terms and conditions of this license. Pursuant to this license and subject to the absolute right of BluBag™ Australia to vary access to all or any part(s) of the website, you acquire a non-exclusive right to:

  View the material in the website.
   Access material contained in the website.
   Use the website strictly in accordance with the provisions of this license.


 If you wish to download and use any material contained in the website for a temporary purpose (such as viewing offline), you may do so.

However, downloading material contained in the website for reproduction by you may only be done upon receipt of prior written consent from ™, and upon payment of any fee required by BluBag™ Australia by you for that use.

Your Obligations

You hereby undertake to comply with the following obligations:

  To not copy or translate for commercial use, reproduce, adapt, vary or modify any material in the website without the express consent of BluBag Australia, except as expressly authorised by this license.
   To ensure your employees, subcontractors and other agents (if any) who have authorised access to the website are made aware of the terms and conditions of this license.
   To not provide or otherwise make available any material in the website in any form to any person other than your employees, subcontractors and other agents (if any) without the written consent of BluBag™ Australia.
   To not use the material in the website for, or in connection with, a service bureau operation.

Warranties

BluBag™ Australia does not warrant that the material in the website is accurate, complete or up to date. The existence of inaccurate, incomplete or superseded material in the website will not cause BluBag™ Australia to be in breach of the terms of this license.

BluBag™ Australia reserves the right to change, add or remove any material in or from the website without notice.


 BluBag™ Australia does not warrant that the functions contained in the website or third-party websites will be uninterrupted or without error, that defects will be corrected, or that electronic material in the website and other third-party websites are free of viruses or other harmful components.

To the fullest extent permitted by law, all implied terms are excluded. If any statute implies terms into this license, which cannot be lawfully excluded, such terms will apply to this license, save that the liability of BluBag™ Australia for breach of any such implied term will be limited, at the option of BluBag™ Australia, to any one or more of the following:

The replacement of goods or services to which the breach relates or the supply of equivalent goods or services.
 The repair of such goods or services.
 The payment of the cost of replacing the goods or services or of acquiring equivalent goods or services.
 The payment of the cost of having the goods repaired or the services performed again.

BluBag™ Australia will not be liable for any indirect or consequential losses arising out of a breach of this license, the supply of a defective program or incorrect materials or otherwise arising out of or in connection with the website or this license.

When deciding to visit the website, you acknowledge that you have exercised your independent judgment and have not relied on any representation made by BluBag™ Australia which has not been stated expressly in this license or upon any descriptions or illustrations or specifications contained in any document including catalogues or publicity material produced by BluBag™ Australia (which material may be out of date or superseded).

Intellectual Property Rights

You acknowledge that the material in the website is the subject of copyright© and that it is the subject of other intellectual property and legal rights (including third-party rights).

You must not, during or at any time after the expiry or termination of this license, permit any act which infringes any of those rights and, without limiting the generality of the foregoing, you specifically acknowledge that you may not copy the material in the website, except as otherwise expressly authorised by this license.

Indemnity

You must indemnify and keep BluBag™ Australia indemnified fully against all liabilities, damages, claims, losses, costs and expenses, which BluBag™ Australia may incur to a third party or you as a result of your breach of the provisions of this license.

This website may contain hyperlinks to other websites operated by third parties. You accept that BluBag™ Australia has no control over, and is not responsible for, any material contained on any third-party websites. You may be required to comply with all requirements of any third party over the conditions of use of that third party’s website.

Users are prohibited from placing a link to the website without the prior written consent of BluBag™ Australia and on terms satisfactory to BluBag™ Australia.

Disclaimer

You accept that BluBag™ Australia takes no responsibility for any error or omission relating to the material contained in the website.

You accept that BluBag™ Australia makes no undertakings to provide access to the website at any particular time, or for any particular length of time. You agree that BluBag™ Australia will not be held liable for any lapse in the website’s accessibility, or any consequences whatsoever that flow from the unavailability of the website.

Terms of License

This license commences upon your accessing the website and is granted in perpetuity. However, the license may be terminated without notice by BluBag™ Australia if you are in breach of any terms of this license.

Upon termination, you or your representative must destroy any copies, electronic and printed, of material obtained from the website that you have in your possession or under your control or otherwise return or dispose of such material in the manner directed by BluBag™ Australia.

Termination pursuant to this clause shall not affect any rights or remedies, which BluBag™ Australia may otherwise have under this license or at law.

Amendments to this License

These are the current terms and conditions of the license.

BluBag™ Australia may at any time vary and amend the terms and conditions of this license by publishing the varied Terms and Conditions of Use on the website. You accept that by doing this, BluBag™ Australia has provided you with sufficient notice of the variation and amendment. It is your responsibility to familiarise yourself with the current terms and conditions each time you visit the website.

Waiver

Failure or neglect by BluBag™ Australia to enforce at any time any of the provisions of this license shall not be construed or deemed to be a waiver of the rights of BluBag™ Australia under this license.

Jurisdiction

This license shall be governed by and construed according to the laws of the state of Western Australia, Australia.