Term & Conditions
Last Updated: 27th of January 2024
The ownership and operation of beboldperfumes.com.au are under The Branding Company Australia Pty. Ltd. (ACN 632 995 478), also referred to as Be Bold Perfumes in this document. Your entry to the website is contingent upon your acceptance and adherence to the terms, conditions, notices, and disclaimers outlined in this document and throughout the website, collectively known as "Terms and Conditions" or "Terms of use". Your utilization of, or access to, the website implies your consent to the Terms and Conditions. Be Bold Perfumes Australia retains the right to modify the Terms and Conditions at any given time. As you are obligated by these Terms and Conditions, it is advisable to periodically review them in this document and elsewhere on the website.
Intellectual property and restrictions on use of content on the website
The entirety of the information, text, material, graphics, software, and advertisements found on the Website ("Content") holds the copyright of Be Bold Perfumes Australia, its suppliers, and/or licensors, unless explicitly stated otherwise on the Website. The content is safeguarded by both Australian and international copyright and trademark laws. The Content on the Website is presented in real-time, and you are prohibited from altering, copying, reproducing, republishing, framing, uploading to a third party, posting, transmitting, or distributing this Content in any manner, except as explicitly permitted on the Website or authorized in writing by Be Bold Perfumes Australia or its affiliates.
Subject to the condition that you maintain all Content intact and in the original form as presented on the Network (including all copyright, trademark, and other proprietary notices, as well as advertisements), you may: a) download and view the Content for your personal, non-commercial use using an industry-standard Web browser, or b) if you are an Internet service and/or access provider, provide the Content to your subscriber. It is imperative that you do not use the Website in any manner or for any purpose that is unlawful, violates any right of Be Bold Perfumes Australia or its affiliates, or is prohibited by the Terms of Use.
User license to Be Bold Perfumes Australia
By submitting any information or other materials on the Website (including the posting of messages, uploading files, inputting data, or engaging in any other form of communication), you provide Be Bold Perfumes Australia with a perpetual, royalty-free, non-exclusive, irrevocable, unrestricted, worldwide license. This license allows Be Bold Perfumes Australia to undertake the following actions with respect to the information or material:
Utilize, copy, sublicense, redistribute, adapt, transmit, publish, and/or broadcast.
Publicly perform or display, and sublicense to any third parties the unrestricted right to exercise any of the aforementioned rights granted. This grant encompasses the right to exploit all proprietary rights in such information or other material, including but not limited to rights under copyright, trademark, service mark, or patent laws in any jurisdiction worldwide. You explicitly relinquish all moral rights and any similar rights in any jurisdiction that you may currently possess or acquire in the future concerning any relevant communication or other material, in favor of Be Bold Perfumes Australia and any other party authorized by Be Bold Perfumes Australia.
Upon the request and at the expense of Be Bold Perfumes Australia, you agree to execute and deliver to Be Bold Perfumes Australia such instruments and undertake such other actions as may be necessary to fulfil this grant of license and waiver.
Links to third party website
The Website might include hyperlinks and other references to Internet websites maintained by third parties. Be Bold Perfumes Australia does not have control over these linked websites, and it is not accountable for the content of any linked website or any hyperlink within such a linked website. Be Bold Perfumes Australia offers these hyperlinks for your convenience only, and the presence of any link does not indicate an endorsement of the linked website by Be Bold Perfumes Australia or its affiliates. You choose to link to any such website entirely at your own risk.
Disclaimer and limitation of liability
Under no circumstances, including any act or omission on the part of Be Bold Perfumes Australia, will Be Bold Perfumes Australia or its affiliates be held responsible for any indirect, incidental, special, and/or consequential damages or the loss of profits arising from the use or access to, or the inability to use or access, the Website or any Content. It is explicitly acknowledged and agreed that Be Bold Perfumes Australia does not exercise control over users of the Website, including individuals referred to as guests and experts, and is not liable for their opinions or behavior, including any information, advice, defamatory statements, or offensive conduct.
To the maximum extent permitted by law, Be Bold Perfumes Australia's liability for the breach of any implied warranty or condition that cannot be excluded is limited, at the discretion of Be Bold Perfumes Australia, to the following:
In the case of services supplied or offered by Be Bold Perfumes Australia, (a) the provision of the services again, or (b) the payment of the cost of having services supplied again. In the case of goods supplied or offered by Be Bold Perfumes Australia, (c) the replacement of the goods or the supply of equivalent goods, (d) the repair of such goods, (e) the payment of the cost of replacing the goods or acquiring equivalent goods, or (f) the payment of the cost of having the goods repaired.
Termination
The effectiveness of the Terms of Use continues until Be Bold Perfumes Australia decides to terminate it. Be Bold Perfumes Australia reserves the right to terminate this agreement and your access to the Website at any time without prior notice. Upon termination, your authorization to access the Website ceases, but it's important to note that all restrictions imposed on you, licenses granted by you, and all disclaimers and limitations of liability outlined by Be Bold Perfumes Australia in the Terms of Use will persist even after termination.
Miscellaneous
Be Bold Perfumes Australia depends on your ongoing adherence to these Terms of Use. If Be Bold Perfumes Australia incurs any loss, damage, or costs due to a breach of these Terms of Use or any other legal obligation on your part, you agree to indemnify Be Bold Perfumes Australia for those losses, damages, and costs.
This agreement will be governed by and interpreted in accordance with the laws of New South Wales, Australia. You irrevocably and unconditionally submit to the non-exclusive jurisdiction of the courts of New South Wales. Should any provision of this agreement be deemed invalid or unenforceable by a court of law, such invalidity or unenforceability will not impact the remainder of the agreement, which will continue to be in full force and effect.
Pricing
All prices quoted in this website are in Australian dollars (AUD) and are fully inclusive of government taxes (GST).
Orders
Be Bold Perfumes Australia retains the authority to decline or retract your order under various circumstances, including but not limited to product availability, pricing errors in the product description on this website, errors in your order, or other valid reasons. The formation of your contract occurs when you have made complete payment for your order and Be Bold Perfumes has communicated its acceptance of your order to you, with confirmation of your receipt.
Delivery
The delivery times provided on this website are purely indicative, and the actual delivery times may vary based on the destination. You acknowledge and agree that once a commitment has been made for the purchase of products from Be Bold Perfumes Australia, you are not entitled to withdraw or modify that commitment for any reason, including, but not limited to, delays in delivery. It is crucial to ensure that you provide the correct shipping address to avoid unnecessary delays and potential resending. We disclaim liability for delays in cases where there is no one available to receive the order at the delivery address. The customer will be responsible for any additional costs associated with resending.
Exclusion of Negligence
Be Bold Perfumes Australia is not liable to the buyer in contract or in tort arising out of, or in connection with, or relating to:
The performance of the product;
Any fact, matter or thing relating to the product; or
Any error in information supplied to the buyer at or after the date of the purchaser’s use of the product.
Colour and Product Description
We have put forth diligent efforts to showcase the colors of our products faithfully as they appear on this website. Nevertheless, as the accuracy of the colors you perceive depends on your monitor, we cannot ensure that your monitor's display of any color will be entirely accurate. We do not provide a guarantee that the product descriptions are precise, complete, reliable, current, or free of errors. If a product received from the site does not match its description, your exclusive recourse is to return it for a refund in unused condition.
Fraud Protection Program
In the course of our order processing procedures, we thoroughly review all incoming orders to identify any potential fraud or other unauthorized or illegal activities. We retain the right to decline the processing of an order if there is a suspicion of fraud or unauthorized or illegal activity. In such instances, we may reject your order, or our Customer Service department may contact you at the provided phone number to verify your order. Additionally, we reserve the right to terminate accounts or decline shipments to specific addresses if there is a suspicion of fraud or unauthorized or illegal activity. These precautions are implemented to safeguard both our customers and us from potential fraud or other unauthorized or illegal activities.