Terms & Conditions
1.1 These Terms and Conditions of use (Terms) govern your use of the website located at www.bestindependent.com.au (Website). By using www.bestindependent.com.au, also referred to as the “Website” or the “Site”, all visitors, referred to as “User”, “you” and “your” are bound by these Terms and Conditions. The terms “we”, “us”, and “our” refer to Best Independent. Accessing this Site constitutes a use of the Site and an acceptance to the Terms provided herein.
1.2 You accept the Terms and Conditions as they apply from time to time whenever you access the Website, and accessing the Website forms a contract between Best Independent (we, us, our) and persons who access the Website (you).
2. Use of Site
2.1 We grant you a non-exclusive, worldwide, non-transferable license to use the Website in accordance with the terms and conditions set out in this agreement. You may use the Site for lawful purposes only. You shall not post or transmit through the Site any material which violates or infringes the rights of others, or which is threatening, abusive, defamatory, libellous, invasive of privacy or publicity rights, vulgar, obscene, profane or otherwise objectionable, contains injurious formulas, recipes, or instructions, which encourages conduct that would constitute a criminal offense, give rise to civil liability or otherwise violate any law.
2.2 You may access the Website using a publicly available web browser commonly used to view websites, and you may print a copy of any page within the site for your personal non-commercial use.
2.3 You acknowledge and agree that we may alter or cease the operation of the Website at any time in our sole discretion, and the Website may be unavailable from time to time, including for maintenance purposes.
2.4 We may terminate your license to use the Website without notice if you breach these Terms.
3. Intellectual Property
3.1 Unless otherwise stated, copyright of all articles, blogs, information and materials found on the Website belongs solely to Best Independent. You may not reproduce or redistribute the articles, blogs, information, and materials found on the Site without the express written permission of Best Independent.
3.2 Furthermore, the Site contains intellectual property owned by Best Independent, including, without limitation, trademarks, copyrights, proprietary information and other intellectual property as well as the Best Independent name, logo, all designs, text, graphics, other files, and the selection and arrangement thereof. You may not modify, publish, transmit, participate in the transfer or sale of, create derivative works from, distribute, display, reproduce or perform, or in any way exploit in any format whatsoever any of the Site content or intellectual property, in whole or in part without our prior written consent.
3.3 We permit the material on the Website to be downloaded to your computer for viewing and/or printing, as long as:
(a) the material is kept intact and in the same form as presented on the Website (including any copyright or other notice);
(b) it is for your personal, non-commercial use;
(c) it is used for a lawful purpose; and
(d) the material is appropriately attributed to us or the source.
4.1 Best Independent may offer goods or services (“product”) for sale on behalf of Best Independent and subject to these Terms and Conditions. All orders are subject to availability. Delivery times may vary according to availability and subject to any delays resulting from postal delays or force majeure for which Best Independent will not be responsible.
4.2 In order to contract with Best Independent you must be over 18 years of age and possess either an account with Paypal, Stripe or a valid credit or debit card issued by a bank acceptable to us. Best Independent retains the right to refuse any request made by you.
4.3 When placing an order you undertake that all details you provide to us are true and accurate, that you are an authorized user of the Paypal or Stripe account or credit or debit card used to place your order and that there are sufficient funds to cover the cost of the product(s). All prices advertised are subject to such changes. Prior to placing any order you will be asked to accept these terms and conditions. A contract between us will be formed after you have clicked the appropriate box to indicate your acceptance of the terms and conditions and tendered your payment.
4.4 While we try and ensure that all details, descriptions and prices which appear on this Site are accurate, errors may occur. If we discover an error in the price of any goods which you have ordered we will inform you of this as soon as possible and give you the option of reconfirming your order at the correct price or cancelling it. If we are unable to contact you we will treat the order as cancelled. If you cancel and you have already paid for the goods, you will receive a full refund. Otherwise, ONCE THE PRODUCT YOU HAVE PURCHASED HAS BEEN DELIVERED TO YOU, NO REFUNDS WILL BE MADE AVAILABLE. Delivery costs, if any, will be charged in addition; such additional charges are clearly displayed where applicable and included in the 'Total Cost'. Any additional charges such as taxes, if any, will also be displayed before you are asked to submit payment. Upon receiving your order we carry out a standard authorization check to ensure your payment method is valid and your payment will be processed. Once we are certain of your payment being processed your order will be fulfilled.
5. Limitation of Liability
5.1 We will do our best to ensure all facts and statements on this site and in our materials are true and correct to the best of our knowledge. We will do our best to ensure all facts and statements in our work do not infringe upon any copyright or other right of a third party.
5.2 However, when you acquire products or services from us, the Part 3-2, Division 1 of the Australian Consumer Law implies a number of guarantees that cannot be excluded. Subject to the Australian Consumer Law, to the full extent permitted by law:
(a) under no circumstances (including but not limited to any act or omission on the part of us) will we be liable for any indirect, incidental, special and/or consequential damages or loss of profits whatsoever which result from any use of or access to, or any inability to use or access, the Website. The foregoing applies even if Best Independent was advised of the possibility of or could have foreseen the damages. In those jurisdictions that do not allow the exclusion or limitation of liability for damages, liability is limited to the fullest possible extent permitted by law.
(b) we exclude all guarantees, conditions, warranties and terms implied by statute, general law or custom.
5.3 For the avoidance of doubt, nothing in these Terms and Conditions limits or restricts your ability to make a claim that may be available to you for our failure to comply with a guarantee under the Australian Consumer Law.
6. Posting information & comments
6.1 You must not:
(a) alter the Website in any way except as permitted by these Terms
(b) upload any data to the Website other than to submit text in a text form provided for that purpose
6.2 You must not add any content to the Website:
(a) Unless you hold all necessary rights and consents to do so
(b) That might cause a breach of any law or other obligation
(c) That might be defamatory, offensive, pornographic, in breach of confidence or a similar obligation, threatening, abusive, liable to incite hatred or a breach of privacy
(d) That might be considered as spam or commercial advertising
(e) That infringes any rights belonging to another person.
6.3 By posting or adding any content to the Website or posting or making comments during webinars conducted by us, you grant us a perpetual, non-exclusive, royalty free, irrevocable, worldwide and transferable right and license to use that content in any way without limitation, and you permit us to authorise any other person to do the same thing. You consent to anything which we may do or not do in relation to your content which would otherwise be in breach of your moral rights. This includes that we may use your content without attributing you as the source of your content.
6.4 If you email us, unless you specify otherwise, you grant us the same rights in relation to the email as set out in clause 6.3.
6.5 You warrant to us that you have the right to grant any rights, licenses, consents or waivers required under these Terms.
7. Third Party Resources
7.1 The Site may contain links to third party websites and resources. You acknowledge and agree that we are not responsible or liable for the availability, accuracy, content or policies of third party websites or resources. We are not responsible for and do not sponsor, endorse or approve the content or operation of those websites or any products, services or information contained in them or offered by them.
7.2 Links to such websites or resources do not imply any endorsement by or affiliation with Best Independent. You acknowledge sole responsibility for and assume all risk arising from your use of any such websites or resources.
9. Trade marks
9.1 Trademarks used on the Website belong to their respective owners. You must not use any trademark displayed on the Website without the express written permission of us or the third-party owner.
10. No Spam
10.1 Publication of email addresses on the Website does not imply consent to the receipt of unsolicited commercial electronic messages or SPAM.
11.1 We take care in creating the information and material on the Website but make no warranties or representations regarding the accuracy, completeness, quality or fitness for purpose of any material or content. The information provided on this site and in the products or services you obtain from this site should not be construed as business advice.
11.2 We do not guarantee that any data, file or program available for download from or via the Website or from any website linked to our website is free from virus or any other condition which might or could damage or interfere with data, hardware or software with which it might be used, and in accessing the Website, you assume all risk of use of all materials, programs and files on the Website. Prior to using any downloaded file you should carry out an appropriate virus check.
11.3 We are not liable to you or any person claiming through you for any loss or damage howsoever caused resulting from the use of the Website, any website linked to the Website, materials or content including the transmission of any virus.
11.4 Testimonials published by us are independent and genuine. However, they do not represent a guarantee or warranty of similar results.
12.1 You shall indemnify and hold us harmless from and against any and all losses, damages, settlements, liabilities, costs, charges, assessments and expenses, as well as third party claims and causes of action, including, without limitation, attorneys’ fees, arising out of any breach by you of any of these Terms and Conditions, or any use by you of the Site. You shall provide us with such assistance, without charge, as we may request in connection with any such defence, including, without limitation, providing us with such information, documents, records and reasonable access to you, as we deem necessary. You shall not settle any third party claim or waive any defence without our prior written consent.
13. Governing Law
13.1 These Terms are governed by and to be construed in accordance with, and governed by, the laws of New South Wales, and the Commonwealth of Australia. You irrevocably and unconditionally submit to the exclusive jurisdiction of the courts of New South Wales.
13.2 The parties agree to attempt to resolve any dispute, claim or controversy arising out of or relating to this Agreement by mediation. The parties further agree that their respective good faith participation in mediation is a condition precedent to pursuing any other available legal or equitable remedy, including litigation, arbitration or other dispute resolution procedures.
14.1 The owners and operators of Best Independent may revise these Terms and Conditions from time to time so please check back regularly to ensure you are familiar with the current version. Any changes will come into effect when the updated terms and conditions are posted to the Website. These terms are important and you should ensure that you read them carefully before using the remainder of the website.
14.2 You can contact us as set out on our contact page or email firstname.lastname@example.org
15.1 If any provision of these Terms and Conditions shall be unlawful, void, or for any reason unenforceable, then that provision shall be deemed severable, and shall not affect the validity and enforceability of any remaining Terms and Conditions in these provisions.
16. Entire Agreement