Use of the Website

By accessing beadgarden.com.au, you warrant and represent to the website owner that you are legally entitled to do so and that you agree to the terms and conditions outlined on this page as well as the privacy policy outlined here

Trademarks

The trademarks, names, logos and service marks (collectively “trademarks”) displayed on this website are registered and unregistered trademarks of their respective owners. Nothing contained on this website should be construed as granting any license or right to use any trademark without the prior written permission of the website owner.

Disclaimer of liability

The website owner or any of it’s representatives shall not be responsible for and disclaims all liability for any loss, liability, damage (whether direct, indirect or consequential), personal injury or expense of any nature whatsoever which may be suffered by you or any third party (including your company), as a result of or which may be attributable, directly or indirectly, to your access and use of the website or any of the products sold by the website, any information contained on the website, your or your company’s personal information or material and information transmitted over our system. In particular, neither the website owner or it’s representatives nor any third party or data or content provider shall be liable in any way to you or to any other person, firm or corporation whatsoever for any loss, liability, damage (whether direct or consequential), personal injury or expense of any nature whatsoever arising from any delays, inaccuracies, errors in, or omission of any share price information or the transmission thereof, or for any actions taken in reliance thereon or occasioned thereby or by reason of non-performance or interruption, or termination thereof.

Conflict of terms

If there is a conflict or contradiction between the provisions of these website terms and conditions and any other relevant terms and conditions, policies or notices, the other relevant terms and conditions, policies or notices which relate specifically to a particular section or module of the website shall prevail in respect of your use of the relevant section or module of the website.

Severability

Any provision of any relevant terms and conditions, policies and notices, which is or becomes unenforceable in any jurisdiction, whether due to being void, invalidity, illegality, unlawfulness or for any reason whatever, shall, in such jurisdiction only and only to the extent that it is so unenforceable, be treated as void and the remaining provisions of any relevant terms and conditions, policies and notices shall remain in full force and effect.

Venue

Use of this website shall in all respects be governed by the laws of the state of Western Australia, Australia, regardless of the laws that might be applicable under principles of conflicts of law. The parties agree that the Western Australian courts located in Australia, Western Australia, shall have exclusive jurisdiction over all controversies arising under this agreement and agree that venue is proper in those courts.

Termination of Account

Beadgarden reserves the right to terminate your beadgarden.com.au account at any time and for any reason.

Indemnity

You agree that you will defend and indemnify beadgarden.com.au and its owners or representatives for any and all claims, demands, causes of action, lawsuits arising out of your use of the site to the full extent authorized by law. Such indemnity shall include the payment of attorneys’ fees to beadgarden.com.au’s counsel of choice for defence of said claim. This obligation will not be terminated if you cease using the website.

Warranties

The website owner makes no warranties, representations, statements or guarantees (whether express, implied in law or residual) regarding the website or any of the products sold on the website. However, if there is an issue with your product please contact us via the contacts page regarding the issue.

Changes to Policy

Beadgarden.com.au reserves the right to change these terms and conditions at any time without notice to you. Please review these policies regularly to ensure that you agree to the latest version of the terms and conditions of use.

Digital Millennium Copyright Act

If you are a copyright owner or an agent thereof and believe that any content on this website infringes upon your copyrights, you may submit a notification pursuant to the Digital Millennium Copyright Act (“DMCA”) by providing the website owner with the following information, in writing:

Identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works at a single online site are covered by a single notification, a representative list of such works at that site; Identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled and information reasonably sufficient to permit the service provider to locate the material; Information reasonably sufficient to permit the service provider to contact you, such as an address, telephone number, and, if available, an electronic mail; A statement that you have a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law; and A statement that the information in the notification is accurate and, under penalty of perjury, that you are authorized to act on behalf of the owner of an exclusive right that is allegedly infringed; A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.

Please send any and all notices via our “contact” form, found here.

Ability of Contract

You agree that you are in a condition to agree to be legally bound by these terms and conditions. If you are under 18 years of age and are not legally emancipated, you have the consent of your parent or legal guardian to agree to these terms and conditions. If you are under 18 years of age and do not have your parent or guardian’s consent to abide by these terms, you must not use beadgarden.com.au.