Terms of Service
Terms and Conditions
The following information sets out the conditions of use at bertiebody.co (“the website”). Bertie Body Pty Ltd (“We” or “us”) are the operators of the website. By using this Website, you are accepting and agreeing to these Terms.
The Website and all content are operated and owned by Bertie Body (ABN 301 360 181 03),
All orders submitted through the Website are subject to acceptance by Bertie Body.
Once you submit your order, you will receive an email to confirm receipt of your order. This email confirmation does not constitute an acceptance of the order or an offer to sell products. Bertie Body reserves the right to refuse an order for any reason. Bertie Body reserves the right to correct inadvertent errors, omissions or inaccuracies in relation to price, product availability, or product descriptions. Acceptance of all orders is subject to Bertie Body confirming availability and price for products ordered. If your order is rejected for any reason you will be given a full refund for any amount paid for the order.
Bertie Body only accepts your offer, and concludes the contract of sale for the product(s) ordered by you, when we despatch the product(s) and send an email confirming that the product(s) have been despatched to your nominated shipping address.
Bertie Body may cancel your order (included orders accepted by Bertie Body) without any liability to you if any of the products in your order are unavailable, or there were any errors in price or product description on the Website at the time of placing your order, or due to technical errors in processing your order. If we cancel your order for any reason you will be given a full refund for any amount paid for the order.
USE OF WEBSITE
You must not:
Access or attempt to access any part of the Website which is not designated for access by your password (where applicable);
By any means copy, reproduce, republish, adapt, upload, link, post, frame, translate, transmit or distribute any part of the Website or any Content contained on the Website;
Use the Website or any Content in any way that is unlawful, illegal or breaches the rights of Bertie Body or any third party;
Post, or transmit to the Website any abusive, obscene, threatening, defamatory, illegal or otherwise inappropriate material;
Do anything that imposes an unreasonable or disproportionately large load on the Website, or interferes or disrupts the Website or any network or other website connected to the Website;
Breach the security of the Website, test or scan the vulnerability of the Website, or make any unauthorised modifications to the Website;
Interfere with any other persons use or enjoyment of the Website;
Use any robot, spider, scraping device, deep link, or any other automatic tool or algorithm, or any manual process that performs the same function, to copy or use any content or any part of the content on the Website, or to reproduce or separately store or use such content;
Post or transmit any materials to the Website which breaches any laws relating to a person’s right to privacy or the export of personal data;
Post or transmit any materials to the Website which is incorrect or misleading;
Use the Website in any way that otherwise breaches these terms.
INFORMATION AND SERVICES AT THE SITE
Bertie Body makes no representation as to the accuracy, currency or completeness of any information or services at the Website. All information and services are provided on the basis that you undertake the responsibility for assessing at your own risk.
All information and services at the Website are provided on an “as is” basis. To the fullest extent permitted by the applicable law, Bertie Body excludes all terms, conditions and representations express or implied.
Bertie Body is not liable for any damages whatsoever including any special indirect or consequential damages resulting from loss of use of data or profits, whether in an action in contract, negligence or other tort, arising out of or in connection with access to this Site or the information contained in it. Bertie Body does not warrant that the Website will be uninterrupted or error free.
You should seek independent advice before acting on any material or information contained in this Website of any link to a third-party web site and you must not provide any warranties to third parties in relation to the contents or performance of the Website.
LIMITATION OF LIABILITY
Bertie Body does not warrant or guarantee:
The accuracy or completeness of any information available on the Website;
That access to the Website will be uninterrupted or error free;
That any defects will be corrected immediately; or
That the Website will be free from viruses or other contamination.
Except where prohibited by law, Bertie Body will not be liable to you for any loss, damage, liabilities or claims and expenses that you may suffer due to use of the Website, including use of any information on it. You use the internet and the Website at your own risk.
TERMINATION OF USE
You may stop using the Website at any time for any reason.
Bertie Body reserves the right in its absolute discretion to suspend or terminate at any time the access to the Website of any user without notice for any reason, including but not limited to a breach of these Terms. The suspension or termination shall not affect either party’s rights or liabilities.
Bertie Body may disclose any information we may have about a user in relation to an investigation or allegation that your use of the Website is in breach of these Terms or is in breach of law or other regulation. Bertie Body reserves its right to identify or bring legal action against any person who is breaching these terms, including obtaining injunctive relief.
VARIATION TO TERMS
Bertie Body may vary these terms at any time, and by continuing to use the Website you consent to any variations. Bertie Body will not notify of these variations and it is your responsibility to regularly check these terms for any variations.
When using websites, the internet or third-party networks or facilities, you are using networks, facilities and services that are beyond the control of Bertie Body. You assume all risk and liability of your use of the Website, the internet, or any such third-party networks, including access to the Website via such media. Bertie Body recommends users review each website’s privacy statement before disclosing any personally identifiable information.
Bertie Body reserves the right to cease, interrupt or withdraw your access to the Website for any reason, including without limitation, for upgrades and maintenance of the site.
If any provision of these terms is found to be invalid or unenforceable by a court of law, it may be severed and will not affect the remainder of the agreement, which will continue in full force and effect and these terms will be deemed amended to replace, to the extent legally permitted, the rights and obligations contained in the invalid, illegal, or unenforceable provision. The invalidity, illegality, or unenforceability of any provision of these Terms will not constitute failure of consideration.
These terms are governed by the Laws of New South Wales in Australia, and any dispute in relation to these terms or your access or use of the website will be the exclusive jurisdiction of the Courts of New South Wales.
You are responsible for compliance with all laws and regulations applicable to your location.
If any of these terms are unenforceable or held to be invalid, the offending provision/s will be removed from these terms and the amended terms will remain in force.
Any failure by Bertie Body to act or enforce these Terms immediately will not be considered a waiver of Bertie Body’s right to take any such action.