Terms and Conditions

BALU BLUE WEBSITE TERMS OF USE 

Balu Blue Foundation Incorporated (ABN 69 616 809 486) (“Balu Blue”, or “we”) owns and operates this website.  Access to and use of this Website and the products and services available through this Website (collectively, the "Services") is subject to the following terms, conditions and notices (the "Terms of Use"). By using the Services, you are agreeing to all of the Terms of Use, as may be updated by us from time to time. You should check this page regularly to take notice of any changes we may have made to the Terms of Use. 

 

Amendments to Terms of Use

Balu Blue reserves the right to amend these Terms of Use from time to time. Amendments will be effective immediately upon notification on this Website. Your continued use of the Website following such notification will represent an agreement by you to be bound by the terms and conditions as amended.

 

Website availability

We reserve the right to withdraw or amend the Services without notice. We will not be liable if for any reason this Website is unavailable at any time or for any period. From time to time, we may restrict access to some parts or all of this Website.

 

Linked Sites

This Website may contain links to other websites (the "Linked Sites"), which are not operated by Balu Blue. Balu Blue has no control over the Linked Sites and accepts no responsibility for them or for any loss or damage that may arise from your use of them. Your use of the Linked Sites will be subject to the terms of use and service contained within each such site.

 

Privacy Policy

Our privacy policy [linked] sets out how we will use your information. By using this Website, you consent to the processing described therein and warrant that all data provided by you is accurate.

 

Prohibitions

You must not misuse this Website. You will not: commit or encourage a criminal offence; transmit or distribute a virus, trojan, worm, logic bomb or any other material which is malicious, technologically harmful, in breach of confidence or in any way offensive or obscene; hack into any aspect of the Service; corrupt data; cause annoyance to other users; infringe upon the rights of any other person's proprietary rights; send any unsolicited advertising or promotional material, commonly referred to as "spam"; or attempt to affect the performance or functionality of any computer facilities of or accessed through this Website.

 

Intellectual Property, Software and Content

The intellectual property rights in all software and content (including photographic images) made available to you on or through this Website remain the property of Balu Blue or its licensors and are protected by copyright laws and treaties around the world. All such rights are reserved by Balu Blue and its licensors. You may store, print and display the content supplied solely for your own personal use. You are not permitted to publish, manipulate, distribute or otherwise reproduce, in any format, any of the content or copies of the content supplied to you or which appears on this Website nor may you use any such content in connection with any business or commercial enterprise.

 

Disclaimer of Liability

 We will not be liable for any loss or damage caused by a distributed denial-of-service attack, viruses or other technologically harmful material that may infect your computer equipment, computer programs, data or other proprietary material due to your use of this Website or to your downloading of any material posted on it, or on any Linked Sites.

Subject to any non-excludable consumer guarantees and other consumer protection provisions set out in the Australian Consumer Law, the material displayed on this Website (including any products offered for sale) is provided without any guarantees, conditions or warranties as to its accuracy.

To be clear, however, goods which we sell over this Website may come with guarantees that cannot be excluded under the Australian Consumer Law.  Where a consumer guarantee applicable to the supply of goods or services is incorporated into these Terms of Use, our liability for a failure to comply with such a guarantee is limited to: (a) in the case of goods supplied to you, the replacement or repair of the goods or the supply of equivalent goods, and (b) in the case of services, the supply of the services again or the payment of the cost to you of having the services supplied again.

You acknowledge that the treatment of injured wildlife carries inherent risks.  Balu Blue does not accept responsibility for death or injury arising in the course of the treatment of wildlife, whether caused by interaction with the animal or by external factors (including but not limited to road and environmental hazards).

 Subject to the foregoing, Balu Blue does not seek to limit or exclude liability for death or personal injury arising from its negligence, or for fraudulent misrepresentation, misrepresentation as to a fundamental matter or any other liability which cannot be excluded or limited under applicable law. 

 Subject to the foregoing, and to the fullest extent permitted by law, Balu Blue expressly excludes all warranties and other terms which might otherwise be implied by statute, common law or the law of equity and shall not be liable for any damages whatsoever, including but without limitation to any direct, indirect, special, consequential, punitive or incidental damages, or damages for loss of use, profits, data or other intangibles, damage to goodwill or reputation, or the cost of procurement of substitute goods and services, arising out of or related to the use, inability to use, performance or failures of this Website or the Linked Sites and any materials posted thereon, irrespective of whether such damages were foreseeable or arise in contract, tort, equity, by statute, at common law or otherwise.

 

 Linking to this Website

You may link to our home page, provided you do so in a way that is fair and legal and does not damage our reputation or take advantage of it, but you must not establish a link in such a way as to suggest any form of association, approval or endorsement on our part where none exists. You must not establish a link from any website that is not owned by you. This Website must not be framed on any other site, nor may you create a link to any part of this Website other than the home page. We reserve the right to withdraw linking permission without notice.

 

Disclaimer as to ownership of trade marks, images of personalities and third party copyright

 Except where expressly stated to the contrary all persons (including their names and images), third party trade marks and content, services and/or locations featured on this Website are in no way associated, linked or affiliated with Balu Blue and you should not rely on the existence of such a connection or affiliation. Any trade marks/names featured on this Website are owned by the respective trade mark owners. Where a trade mark or brand name is referred to it is used solely to describe or identify the products and services and is in no way an assertion that such products or services are necessarily endorsed by or connected to Balu Blue.

 

Indemnity

You agree to indemnify, defend and hold harmless Balu Blue, its directors, officers, employees, consultants, agents, and affiliates, from any and all third party claims, liability, damages and/or costs (including, but not limited to, legal fees) arising from your use of this Website or your breach of the Terms of Use.

 

Variation of content

Balu Blue shall have the right in its absolute discretion at any time and without notice to amend, remove or vary the Services and/or any page of this Website.

 

Invalidity

If any part of the Terms of Use is unenforceable (including any provision in which we exclude our liability to you), the enforceability of any other part of the Terms of Use will not be affected and all other clauses remain in full force and effect. So far as possible where any clause/sub-clause or part of a clause/sub-clause can be severed to render the remaining part valid, the clause shall be interpreted accordingly. Alternatively, you agree that the clause shall be rectified and interpreted in such a way that closely resembles the original meaning of the clause/sub-clause as is permitted by law.

 

Complaints

We operate a complaints handling procedure which we will use to try to resolve disputes when they first arise, please let us know if you have any complaints or comments.

 

Interpretation

These Terms of Use are governed by and construed according to the law of the State of South Australia, Australia.