Store Policy
This Store Policy (the ‘Policy’) applies to all customers and users of our retail stores, website and on-line presence of any kind and the services that they offer or promote whether paid or unpaid (together the ‘Services’). Bleue Bebe, referred to as ‘we’, ‘our’, or ‘us’ in this Policy, is the operator of the business and the owner of all intellectual property relating to the services. By using our Services you agree to accept our Policy and we agree to grant you a non-exclusive, non-transferable licence to use the Services in accordance with the terms and conditions set out below. If you do not accept this Policy, you must not continue to use the Services.
We may revise our Policy from time to time without notice and such revision will take effect when it is posted online. Your continued use will be regarded as your acceptance of our Policy as amended.
Policy
Right to Remove
We reserve the right to remove person from our retail stores or to block any person from our online presence at any time, for any reason (including, but not limited to, upon receipt of claims or allegations of inappropriate behaviour under this Policy or otherwise) or for no reason at all.
Copyright and Contributed Material
Unless we indicate otherwise you must not copy, distribute, republish, download, display, post or transmit any of our content in any form or by any means including but not limited to electronic, mechanical or otherwise without our prior permission. You may access and use the Services for your own personal use only.
You acknowledge and agree that if you contribute any commentary, notes, images or other material to us, then you warrant you have all permissions necessary to make that contribution, and you agree that all rights, title and interest in such contribution will transfer to us.
Any comments or materials sent to us including feedback data, questions, comments and suggestions (collectively "Feedback"), will be deemed to be non-confidential. We have no obligation of any kind with respect to such Feedback and will be free to delete, remove, amend, alter, reproduce, use, disclose, exhibit, display, transform, create derivative works and distribute the Feedback to others. Further, we will be free to use any ideas, concepts, know-how or techniques contained in such Feedback for any purpose whatsoever, including but not limited to marketing products and services incorporating such Feedback.
Trademarks
Any trademarks appearing on the Services are the trademarks of the relevant owners. You must not use any trademarks that appear on the Services without the written consent of the trade mark owner.
User conduct
You are responsible for all of your activity in connection with accessing and using the Services. Any fraudulent, abusive, or otherwise illegal activity may be grounds for termination of your access to the Services. You may not post or transmit, or cause to be posted or transmitted, any communication or solicitation designed or intended to obtain personal information from any other user.
In accessing the Services, you must not:
- disrupt or interfere with the Services, or any services, system resources, accounts, servers or networks connected to or accessible through the Services or linked websites;
- disrupt or interfere with any other user's enjoyment of the Services or linked websites;
- use any robot, spider, other automatic device or manual process to monitor, copy or extract any data, or any of the Services, without our prior written permission;
- use the Services to violate the security of any computer network, crack passwords or security encryption codes, transfer or store illegal material including material that are deemed threatening or obscene, or engage in any kind of illegal activity;
- engage in any kind of illegal, criminal or tortious activity, including infringement of any third party intellectual property rights (including without limitation copyright, trademarks, patent, trade secrets and confidential information), fraud, child pornography, trafficking in obscene material, violation of applicable export restrictions, drug dealing, gambling, harassment, stalking, spamming, hacking, sending of viruses or other harmful files, or illegal posting of computer passwords or computer code;
- attempt to obtain unauthorised access to the Services or parts of the Services that are not opened to public access;
- post or transmit to or via the Services any material that may infringe the intellectual property rights of any third party, or any defamatory, derogatory or offensive material or publication; or
- use the Services in any way that violates our Policy.
Passwords
If we issue you with password access that permits you to access certain parts of the Services, you are solely responsible for any use through such access, whether authorised or not. You must keep all passwords secure and must ensure all passwords are not easily guessed, copies of passwords you use in other systems, or derivatives of easily accessible personal information.
Indemnity
You agree to indemnify and hold us (and our related bodies corporate, directors, officers, employees, agents and contractors) harmless from any claim, action, demand, loss or damages made or incurred by any third party arising out of or relating to your conduct (including transmitting any defamatory, derogatory or offensive statements or material to any person), your use of the Services, your breach of our Policy, or your breach of any rights of third parties.
Warranties and disclaimers
The Services are provided "as is". To the extent permissible pursuant to applicable law, we disclaim all warranties, express or implied, including, but not limited to, implied warranties of merchantability and fitness for a particular purpose, or non-infringement. We do not warrant that the Services or the server that operates it is free from viruses or other corrupted materials or occasional outages or disruption to service which prevent you from accessing the Services or that use of the Services will be compatible with the hardware and software you are using to access it.
We reserve the right to make any change to the Services without notice. We may also make improvements or changes in the products or programs described in the Services at any time without notice. For example, changes in circumstances after the date of publication may impact upon the accuracy of the Services.
Your use of the Services is at your own risk. Before taking or refraining from any action in reliance on the Services, you must make and rely on your own enquiries in relation to, and in evaluation of, the Services including any information and statements contained in the Services.
Limitation of liability
Subject to any condition, warranty or right implied by any statutory consumer guarantee contained in any law which cannot by law be excluded by agreement:
- we give no warranties, and you have no other rights, apart from those expressly set out in our Policy; and
- all implied conditions, warranties and rights are excluded.
Where any condition, warranty or right is implied by law, or any statutory consumer guarantee applies and cannot be excluded, we limit our liability for breach of, or other act contrary to, that implied condition, warranty or right, or statutory consumer guarantee to the fullest extent permitted by law.
Subject to the preceding paragraphs, we (including, in this limitation of liability clause, our related bodies corporate, directors, officers, employees, agents and contractors) expressly disclaim all liability to you or any other persons for any losses, damages, liabilities, claims and expenses (including but not limited to legal costs and defence or settlement costs) whatsoever, whether direct, indirect or consequential, arising out of or referable to the Services (or material accessed via the Services), or to access of the Services by you, howsoever caused, whether in contract, tort including negligence, statute or otherwise.
Nothing in our Policy is intended to exclude, restrict or modify rights which you may have under the Competition and Consumer Act 2010 or any other legislation which may not be excluded, restricted or modified by agreement.
Termination and suspension
We reserve the right, without notice and in our sole and absolute discretion, to change, discontinue, suspend or terminate any service or feature offered by or through the Services, in whole or in part, at any time. For example, if your server is involved in any attack on any computer system, either with or without your knowledge or complicity, that server may be blocked or its access to the Services may be shut down or restricted while the problem is being investigated or fixed.
Severability
If any parts of our Policy are deemed unlawful void or for any reason unenforceable then that provision may be severed from our Policy and it will not affect the validity and enforceability of the remaining provisions.
Waiver
No waiver by us of our rights under our Policy shall be deemed a waiver of any other term or provision and shall be limited to a single waiver limited to the specific circumstances under which such waiver was granted.
Currency
A reference to "$" or "dollars" throughout the Services is a reference to Australian currency, unless stated otherwise.