Copyright

Unless otherwise indicated, copyright in the information on this Web Site is owned by Bolinda. All rights reserved. This site or any portion of this site may not be reproduced, duplicated, copied, sold, re-sold or otherwise exploited for any commercial purpose that is not expressly permitted by Bolinda. You may download a single copy of the information on this Web Site and, where necessary for its use as a reference, keep a temporary copy in your computer's cache and make a single hard copy of that information. Except as permitted under the Copyright Act 1968 (Cwth) or other applicable laws, no part of the information contained on this Web Site may be otherwise reproduced, adapted, performed in public or transmitted in any form by any process (graphic, electronic or mechanical, including further copying, recording, taping or by a storage and information retrieval system) without the specific prior written consent of Bolinda.

Review and comments

Bolinda enables visitors to its sites to post reviews of and comments on products featured on this Web Site. If you post reviews or comments on this Web Site, you grant to Bolinda, its related bodies corporate, its directors, officers and employees a non-exclusive, royalty free, perpetual, irrevocable and fully sub-licenseable right to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute and display such reviews and comments throughout the world in any media. You expressly waive in favour of Bolinda and any other person authorised by Bolinda all moral and similar rights in any jurisdiction which you have or acquire in respect of such reviews and comments. You also grant to Bolinda and its related bodies corporate, directors, officers, employees and sub-licensees the right to use and publish your name, which you will be required to submit with any review or comment, in connection with that review or comment. You agree not to post any review or comment that contains any unlawful, criminal, threatening, abusive, defamatory, obscene, vulgar, pornographic, profane or indecent information or material of any kind or which violates or infringes upon the rights of any person. If you do, you agree to indemnify Bolinda for any losses, costs, expenses or damages that Bolinda may suffer as a result.

Virus warning

Bolinda does not represent that any information (including any file) obtained from or through this Web Site is free from computer viruses or other faults or defects. It is your responsibility to scan any such information for computer viruses. Bolinda will not be liable to you or to any other person for any loss or damage (whether direct, indirect, consequential or economic), however caused and whether by negligence or otherwise, which may result directly or indirectly from any such information. To the extent that any applicable law that cannot be excluded imposes any liability on Bolinda, that liability shall be limited to the cost of re-supplying that information.

Release and indemnity

You hereby waive, release, forgive, discharge and relinquish any and all claims that you now have or may have against Bolinda, its related bodies corporate, directors, employee, agents and representatives which are connected with, arise out of, relate to or are incidental to any transaction.

You hereby agree to indemnify, defend and hold Bolinda, its related bodies corporate, directors, employees, agents and representatives harmless from and against any and all claims, loss, damage, tax, liability and/or expense that may be incurred by Bolinda, its related bodies corporate, directors, employees, agents and representatives arising out of or in connection with the performance of its duties as described in these Terms and Conditions including the legal costs, fees and expenses of defending itself against any claim by any or all of the parties to any transaction and/or by any other person and/or as a result of you taking any action or refraining from taking any action or instituting or defending any action or legal proceeding.

You further agree to indemnify and hold Bolinda, its related bodies corporate, directors, employees, agents and representatives harmless from any claim or demand, including reasonable attorneys' fees, made by any third party due to or arising out of your use of this Web Site, the violation of these Terms and Conditions by you, or the infringement by you, or other user of this Web Site using your user ID, of any intellectual property or other right of any person or entity.

Applicable law

These Terms and Conditions shall be governed by and construed in accordance with the laws of the state of Victoria, Australia. You and Bolinda agree to submit to the exclusive jurisdiction of the courts of the state of Victoria, Australia. If any provision(s) of these Terms and Conditions is held by a court of competent jurisdiction to be contrary to law, then such provision(s) shall be construed, as nearly as possible, to reflect the intentions of the parties with the other provisions remaining in full force and effect. Bolinda's failure to exercise or enforce any rights or provisions of these Terms and Conditions shall not constitute a waiver of such right or provision unless acknowledged and agreed to by Bolinda in writing.

Limitation of liability

Bolinda will in no way be liable for any direct, indirect, incidental, special or consequential damages, resulting from your use or your inability to use this Web Site or for the cost of procurement of substitute products or services or resulting from any products or services purchased or obtained or messages received or transactions entered into through this Web Site or resulting from unauthorised access to or alteration of your transmissions or data or of any information contained on this Web Site, including but not limited to, damages for loss of profits, use, data or other intangible, even if Bolinda has been advised of the possibility of such damages.

Where any Act of Parliament implies in these Terms and Conditions any term, condition or warranty, and that Act avoids or prohibits provisions in a contract excluding or modifying the application of or exercise of, or liability under such term, condition or warranty, such term, condition or warranty shall be deemed to be included in these Terms and Conditions, however, the liability of Bolinda for any breach of such term, condition or warranty shall be limited, at the option of Bolinda, to any one or more of the following:

(a)if the breach relates to goods:

1. the replacement of the goods or supply of equivalent goods;
2. the repair of such goods;
3. the payment of the cost of replacing the goods or of acquiring equivalent goods; or
4. the payment of the cost of having the goods repaired; and

(b)if the breach relates to services:

1. the supplying of the services again; or
2. the payment of the cost of having the services supplied again.

Disclaimer

The information contained on this Web Site is provided by Bolinda in good faith on an "as is" basis. The information is believed to be accurate and current at the date the information was placed on this Web Site.

None of Bolinda, its related bodies corporate, any of their directors, officers or employees makes any representation or warranty as to the reliability, accuracy or completeness of the information contained on this Web Site (including in relation to any products or services) and none of them accept any responsibility arising in any way (including negligence) for errors in, or omissions from, the information contained on this Web Site. To the fullest extent permitted by applicable law, Bolinda disclaims all representations and warranties, express or implied, including but not limited to, implied warranties of merchantability and fitness for a particular purpose and non-infringement. Bolinda makes no warranty that the Web Site or any products or services advertised on the Web Site will meet your requirements, or that the Web Site will be uninterrupted, timely, secure or error free.

You expressly acknowledge and agree that Bolinda does not control other users of this Web Site or the suppliers of goods and services purchased from this Web Site and Bolinda is therefore not liable for their opinions or their behaviour, including any information or advice provided by them or any defamatory statements made by them or any offensive conduct on their part.

No advice or information, whether oral or written, obtained by you from or through this Web Site creates any warranty not expressly made in these Terms and Conditions.

Information on this Web Site relating to products and services has been prepared in accordance with Australian law for the supply of goods and services in Australia only. This information may not satisfy the laws of any other country. To the extent that it does not satisfy the laws of the country in which you reside or from which you are accessing this Web Site, it is not directed at you and cannot be relied upon by you and you are unable to order any goods from this Web Site. If you do, you agree to indemnify Bolinda for any losses, costs, expenses or damages Bolinda may suffer as a consequence.