Terms and Conditions – Website

About this website

Website Owner = Bee Kind Like Libby (ABN 29204879788) (Domain name = https://beekindlikelibby.com the “website”)

About these terms of use – These website terms of use (“terms of use”) and the associated Privacy Statement (“privacy policy”) govern your access to and use of the website. You should read these terms of use and the privacy policy carefully before using this website.

Your access/use implies agreement
The website is available for your use only on condition that you agree to these terms of use. By accessing/using the website, you are signifying that you agree to be bound by these terms.

Modifications to the Terms
beekindlikelibby.com may revise and update these terms of use at any time. Your continued usage of the website after any changes to these terms of use will mean you accept those changes.

Modifications to the information
beekindlikelibby.com does not warrant the accuracy, adequacy or completeness of material on this website. All information may be changed, supplemented, deleted or updated without notice at the sole discretion of beekindlikelibby.com.

Errors and problems
beekindlikelibby.com does not guarantee that the website will be free from viruses, or that access to the website will be uninterrupted.

License and Ownership
All copyright, trademarks, design rights, patents and other intellectual property rights (registered and unregistered) for the content on this website is owned or licensed by beekindlikelibby.com and is protected under the Copyright Act 1968 (Cth) and by other copyright laws in both Australia and other countries.

No material on this website may be reproduced, adapted, uploaded to a third party, linked to, framed, performed in public, distributed or transmitted in any form by any process without the specific written consent of beekindlikelibby.com.

All custom graphics, icons, and other items that appear on the website and all associated trademarks, are trademarks of beekindlikelibby.com.

beekindlikelibby.com Privacy Policy
The beekindlikelibby.com privacy policy governs the use of information collected from or provided by you at the website. A policy statement prepared by beekindlikelibby.com for the purposes of being made available to customers and the general public declaring the company’s commitment to the Privacy Act 1988 (Cth) (hereinafter the “Privacy Act”) for a company required to comply is available at Privacy Policy.

Feedback, suggestions, comments or requests
beekindlikelibby.com does not encourage you to make feedback, suggestions, comments or requests (“comments”) but these comments may be made to Contact Us and if you do make comments, you acknowledge that: they will not be considered confidential or proprietary, and beekindlikelibby.com is under no obligation to keep such information confidential, and beekindlikelibby.com will have an unrestricted, irrevocable, world-wide, royalty free right to use, communicate, reproduce, publish, display, distribute and exploit such comments in any manner it chooses.

Outbound links
The website may contain links to third-party websites and resources (“linked sites”). These linked sites are provided solely as a convenience to you and not as an endorsement by beekindlikelibby.com. beekindlikelibby.com makes no representations or warranties regarding the availability, correctness, accuracy, performance or quality of the linked site or any content, software, service or application found at any linked site. beekindlikelibby.com may receive payments and/or commissions from operators of linked sites in relation to goods or services supplied by the operator as a result of you linking to the third party website from the beekindlikelibby.com website.

Inbound links
beekindlikelibby.com generally encourages and agrees to your linking to the home page through a plain text link on your website without the need for agreement between yourself and beekindlikelibby.com. However, linking to any other page of the website is strictly prohibited, without express written permission from beekindlikelibby.com.

Jurisdication
This agreement and this website are subject to the laws of New South Wales and Australia. If there is a dispute between you and beekindlikelibby.com that results in litigation then you must submit to the jurisdiction of the courts of New South Wales.

Exclusion of Competitors
If you are in the business of creating similar documents, goods or services for the purpose of providing them for a fee to users, whether they be business users or domestic users, then you are a competitor of beekindlikelibby.com
beekindlikelibby.com expressly excludes and does not permit you to use or access our website, to download any documents or information from its website or obtain any such documents or information through a third party. If you breach this term then beekindlikelibby.com will hold you fully responsible for any loss that we may sustain and further hold you accountable for all profits that you might make from such unpermitted and improper use. beekindlikelibby.com reserves the right to exclude and deny any person access to our website, services or information in our sole discretion.

Disclaimer of Warranties
beekindlikelibby.com makes no representations or warranties about the accuracy, completeness, security or timeliness of the content, information or services provided by the website and disclaims all warranties, either express or implied, statutory or otherwise, including but not limited to the implied warranties of merchantability, non-infringement of third parties’ rights, and fitness for a particular purpose.

Limitation of Liability
If beekindlikelibby.com is found responsible for any damages, beekindlikelibby.com is responsible for actual damages only. In no event shall beekindlikelibby.com be liable for any incidental, indirect, exemplary, punitive and/or consequential damages, lost profits, or damages resulting from lost data or business interruption resulting from the use of or inability to use the website.

Competition and Consumer Act
For the purposes of  Australian Consumer Law, beekindlikelibby.com’s liability for any breach of a term of this agreement is limited to:

  1. the supplying to your of the goods or services again; or
  2. the payment of the costs of having the goods or services supplied to you again.

Beekindlikelibby.com’s liability is, in all cases, limited and will not exceed, in any instance, the amount paid by you for any item purchased from this website.

General Conditions of Sale
The following Conditions of Sale shall apply to any product sold on this website. These Conditions of Sale constitute a complete and exclusive statement of the agreement and understanding between you and beekindlikelibby.com with respect to the subject matter hereof.

  1. The goods delivered under this Agreement shall be of normal industrial quality unless herein specifically stated to the contrary. Any description of such goods has been given by way of identification only and the giving or use of such description shall not constitute any sale hereunder a sale by description.
  1. The products available on the website for sale under these Conditions of Sale are only available for sale to individuals who can make legally binding contracts. The products are not available to persons under the age of 18 years nor any other person legally prohibited from entering into a binding contract. By placing your order you are verifying to the beekindlikelibby.com that you are able to make a legally binding contract.
  1. Your order is an offer by you to purchase a particular product for the price (including the delivery and other charges and taxes) specified on the website at the time of offer and shall be understood to be placed under these Conditions of Sale.
  1. These Conditions of Sale may change from time to time and you are required within reason to revisit these before placing your order to ensure that these Conditions of Sale have not changed.
  1. beekindlikelibby.com reserves the right to accept or reject your offer for any reason, including, without limitation, an error in the product description or the price posted on the website, the availability of the product, or an error in your order. Your contract with beekindlikelibby.com only comes into existence when beekindlikelibby.com forwards you an email containing confirmation of receipt of your order, an acceptance of your order, confirmation of receipt of your payment and details of likely delivery.
  1. This contract shall be governed by and construed in accordance with the law in effect in the State of New South Wales and by entering into contract both parties are accepting the jurisdiction of the courts of the State of New South Wales in relation to any dispute between them.
  1. You shall inspect the goods immediately upon their arrival and shall within seven (7) days give notice to beekindlikelibby.com if the goods are not in accordance with specified requirements. If you fail to give such notice, the goods shall be deemed to be in all respects in accordance with the specified requirements. No claim shall be recognised unless made in writing and received bybeekindlikelibby.com within seven (7) days after receipt of goods by you. The total amount of any claim shall not exceed the actual invoice value of the goods claimed to be faulty.
  1. Ownership and property in the goods supplied/delivered shall pass from beekindlikelibby.com to you when beekindlikelibby.com accepts your offer and assigns product in the beekindlikelibby.com warehouse. Risk passes to you upon delivery to your warehouse or to an agreed delivery point.
  1. beekindlikelibby.com shall not be responsible for non-delivery or delay in delivery of any goods caused by force majeure and you and beekindlikelibby.com shall be excused from performance of their respective obligations when and to the extent such performance is delayed or prevented by force majeure. If your need for the goods is reduced or suspended as a result of force majeure, and notification is within reasonable time of acceptance of the Order and prior to transfer of ownership, you shall be entitled to terminate the agreement. For the purpose of this commitment force majeure shall include but is not limited to natural disasters, civil disasters, political event, change of legal / political environment, business disruption, accidents, earthquake, flood, hurricane or typhoon, tornado, tsunami, volcanic eruption, wildfire/bushfire, landslide or avalanche, fire, flood, storm, earthquake, terrorist acts, revolt, war, financial markets disturbances, changes of regime or tax or regulatory authority, energy failure, external telecommunications failure, and/or failure of transport systems.
  1. You assume all risks and liabilities for consequences arising from the use of the goods whether singly or in combination with other goods and indemnify beekindlikelibby.com in respect of any such use. beekindlikelibby.com is not liable for any infringement of patent rights arising out of the use of such goods by you or your instructions, expressed or implied, and it is your responsibility of to ensure that the goods when used by you are not damaged and no liability will be accepted by beekindlikelibby.com for the consequences of the use of damaged goods by you.
  1. Nothing in these Conditions of Sale is intended to exclude, restrict or modify any statutory obligation of beekindlikelibby.com implied by the Goods Act, 1958.