Terms of Use

ACCEPTANCE OF TERMS - GENERAL

  1. The use of the BumbleBee Website is subject to this Terms of Use ("TOU"). By accessing and using the BumbleBee Website you agree to be bound by this TOU which may be posted by BumbleBee on the BumbleBee Website from time to time.

  2. You agree that BumbleBee may modify and amend this TOU at any time without notice. Unless explicitly stated otherwise, any new service introduced by BumbleBee, shall be subject to this TOU. You are responsible for regularly reviewing BumbleBee's TOU posted on the BumbleBee Website. By continuing to use the BumbleBee Website, you are deemed to have agreed to be bound by any modifications and amendments to this TOU.

  3. You can access the BumbleBee Website home page and browse the Website without disclosing your personal data. The service and links of the BumbleBee Website may include links to third party websites and are subject to Section 7 herein.

  4. Owing to the global nature of the internet infrastructure, the information you provide may be transferred in transit to countries that do not have similar protection regarding your data and it's use as set out in this terms and conditions. By submitting your information you consent to these transfers.

  5. "You" and "Your" shall mean any user of the BumbleBee Website.

  6. "BumbleBee Website" shall mean the BumbleBee digital platform providing information on the products and services as made available to you by BumbleBee Pest Control Pty Ltd.

USE AND SECURITY

  1. The BumbleBee Website may not be available to all devices which connect to the Internet. You assume all responsibility regarding the end-user equipment and software necessary to access the BumbleBee Website and assume all risk associated therewith.

YOUR CONDUCT

  1. You agree to use the BumbleBee Website only for lawful purposes and in accordance with this TOU.

  2. You agree to abide by all applicable local, state, national and international laws and regulations and are solely responsible for all acts or omissions that occur under your usage. Recognizing the global nature of the Internet, you agree to comply with all local rules regarding online conduct. Specifically, you agree to comply with all applicable laws regarding on-line communication in the country in which you reside.

  3. You may not use the BumbleBee Website in any manner that could damage, disable, overburden, or impair the BumbleBee Website or interfere with any other party's use of the BumbleBee Website. You may not attempt to gain unauthorized access to the BumbleBee Website, computer systems or networks connected to the BumbleBee Website, through hacking, password mining or any other means.

  4. You will not post or transmit through the BumbleBee Website any defamatory, harmful, obscene, threatening, pornographic or otherwise illegal material or material which would violate or infringe in any way upon our rights or those of others (including intellectual property rights, rights of confidentiality, or rights of privacy) or cause distress or inconvenience. You must not express opinions that are crude, racist sexist, vulgar, or otherwise offensive. Always treat other users with respect.

  5. You will not post or otherwise make available on the BumbleBee Website any material, which you do not own without the express permission of the owner of the material.

  6. You will not broadcast, copy, download, frame, reproduce, republish, transmit in any manner whatsoever, any material on the BumbleBee Website except as is strictly necessary for your own personal non-commercial home use.

  7. You will not do anything that affects the operability or security of the BumbleBee Website or causes unreasonable inconvenience or offence or disruption to our staff.

DISCLAIMER & LIMITATION OF LIABILITY.

  1. BumbleBee makes no warranty that the BumbleBee Website will meet your requirement or that the BumbleBee Website will be secure, timely, uninterrupted or error free, or that any data, content, information, software or other material accessible on or through the BumbleBee Website. You are responsible for implementing sufficient procedures and checkpoints to satisfy your particular requirements for accuracy of data input and output, and for maintaining a means external to the BumbleBee Website for the reconstruction of any lost data. All use of the BumbleBee Website is at your own risk and you are solely responsible for all damages resulting there from.

  2. The BumbleBee Website is not intended for "mission critical" circumstances and is provided on an "as is, where is" and "as available" basis, without warranties of any kind, express or implied, including, but not limited to warranties of title, quiet enjoyment, non-infringement or implied warranties of merchantability or fitness for a particular purpose.

  3. To the maximum extent permitted by applicable law, BumbleBee disclaims all warranties, express or implied, including but not limited to implied warranties of merchantability, fitness for a particular purpose, title and non-infringement with respect to the BumbleBee Website and transactions performed through the service or on the Internet generally. BumbleBee makes no representations or warranties as to the quality of the call or any connection to or any transmission over the Internet.

  4. To the fullest extent permitted by applicable law, under no circumstances, including, but not limited to, negligence, shall BumbleBee be liable for any direct, indirect, incidental, special or consequential damages, damages for loss of profits (even if BumbleBee has been advised of the possibility of such damages or even if such damage is foreseeable), that result from the use of or the inability to use the BumbleBee Website, any changes to the BumbleBee Website and unauthorized access to or alteration of your transmissions or data, any communication, transmission, material or data sent or received or not sent or received through the BumbleBee Website or arising in connection with the fraudulent or unlawful acts of any third party.

  5. You specifically agree that BumbleBee is not responsible or liable for any threatening, defamatory, obscene, offensive or illegal content or conduct of any other party or any infringement of another's rights, including intellectual property rights.

  6. If you are dissatisfied with the BumbleBee Website, the materials available on or through the BumbleBee Website or with the provisions of this TOU, you agree that your sole and exclusive remedy is to discontinue using BumbleBee Website.

  7. BumbleBee will take reasonable measures to maintain the privacy and security of all private information provided by you to the BumbleBee Website, but third parties (such as hackers) may breach or attempt to breach BumbleBee's security measures or may gain unauthorized access to the BumbleBee database or other equipment containing your information. You agree that BumbleBee shall not be liable for damages of any sort, whether arising under contract, tort, or otherwise, with respect to any breach of security of the BumbleBee Website or any other company equipment or user information.

INDEMNITY

  1. You agree to indemnify, defend and hold BumbleBee, its officers, directors, employees, agents, shareholders, licensors, suppliers and any third party information providers to the BumbleBee Website harmless from and against all losses, expenses, damages and costs, including attorneys' fees, resulting from any violation by you of this TOU or asserted by any third party due to or arising out of your use of or conduct on the BumbleBee Website.

  2. The provisions of this paragraph are for the benefit of BumbleBee and its officers, directors, employees, agents, shareholders, licensors and suppliers to the BumbleBee Website. Each of these individuals or entities shall have the right to assert and enforce these provisions directly against you on its own behalf.

LINKS TO THIRD PARTY SITES

  1. The BumbleBee Website may contain links to third party Web sites ("Linked Websites") and include advertisements. Such links and advertisements are provided to you only as a convenience. BumbleBee shall not be responsible if the Linked Website is not working appropriately. BumbleBee has no control over such websites and resources and shall not be responsible for the contents of any Linked Website or advertisement, including without limitation any link contained in a Linked Website and does not endorse any content, advertising, products, or other materials on or available from such websites or resources. You are responsible for viewing and abiding by the privacy statements and terms of use posted at the Linked Websites, and for taking precaution to ensure that whatever you select for your use is free of viruses, worms, trojan horses and other items of a destructive nature.

  2. Any dealings with third parties (including advertisers) over the Linked Websites or participation in promotions, including the delivery of and the payment for goods and services, and any other terms, conditions, warranties or representations associated with such dealings or promotions, are solely between you and the advertiser, merchant or other third party. You agree that BumbleBee shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any such content, goods or services available on or through any such website or resource. The purchase of any product or service from a merchant from a Linked Website is a transaction solely between you and that merchant, and any question or dispute you may have regarding any such product or service should be addressed directly to the responsible merchant. BumbleBee has no responsibility or liability for any merchant or your relationship with such merchant.

DISCLOSURE AND CONFIDENTIALITY

  1. BumbleBee reserves the right to disclose any personal information about you or your use of the BumbleBee Website and without your prior permission if BumbleBee in good faith, believes that such action is necessary to: (1) conform to legal requirements or comply with legal process; (2) protect and defend the rights or property of BumbleBee; or (3) enforce this TOU.

  2. Any non-personal information or material sent to BumbleBee by you will generally NOT be treated as confidential.

  3. For further details on use and disclosure of your personal information please see our Privacy Policy.

PROPRIETORY RIGHTS

COPYRIGHT
  1. The BumbleBee Website, all images, text, graphics, logos, sound, programs and any other material ("Content") found on the BumbleBee Website are protected by trademark, copyright, or other intellectual property laws and international treaties. Any commercial use of the BumbleBee Website and Content found on the BumbleBee Website is strictly prohibited, without BumbleBee's express and prior written consent.

  2. Elements of the BumbleBee Website, its design and layout are protected by trade dress and other laws and may not be copied or imitated in whole or in part.

  3. No logo, graphic, sound or image from this Website may be copied or retransmitted unless expressly permitted by BumbleBee.

GENERAL

  1. This TOU is governed by the laws of Australia, without reference to conflict of laws principles. Any dispute between you and BumbleBee regarding this TOU will be subject to the exclusive jurisdiction of the courts located in Australia and you expressly waive all defenses to jurisdiction. You agree that the BumbleBee Website shall, for the purpose of determining jurisdiction and applicable law, be deemed to have originated and been provided by BumbleBee in Australia.

  2. This TOU contain the entire understanding between the parties hereto with respect to the BumbleBee Website, and supersedes all previous oral or written agreements or understandings between you and BumbleBee, and no advice or information, whether oral or written, obtained by you from this Website (whether before or after the date you accept this TOU) shall create any obligation or warranty on the part of BumbleBee not expressly stated herein. You may also be subject to additional terms and conditions that may apply when you use any services offered by the BumbleBee, third-party content or third-party software. Neither the course of conduct between the parties nor trade practice shall act to modify any provision of this TOU.

  3. BumbleBee's performance of this TOU is subject to existing laws and legal process, and nothing contained in this TOU is in derogation of BumbleBee's right and obligation to comply with governmental, court and law enforcement requests or requirements relating to your use of the BumbleBee Website or information provided to or gathered by BumbleBee with respect to such use.

  4. If any provision of this TOU is held invalid, the remainder of this TOU will continue in full force and effect, and If any provision(s) of the TOU is held by a court of competent jurisdiction to be contrary to law, then such provision(s) shall be construed, as nearly as possible, to reflect the intentions of the parties with the other provisions remaining in full force and effect. This TOU shall not be construed against any party as the principal draftsperson hereof. A printed version of this TOU and of any notice given in electronic form shall be admissible in judicial or administrative proceedings.

  5. BumbleBee reserves the right to amend any of the provisions of this TOU from time to time. Amendments will be effective immediately on the BumbleBee website. Your continued use of the BumbleBee Website will represent an agreement by you to be bound by this TOU as amended.

  6. BumbleBee may assign its rights and duties under this TOU to any party at any time without notice to you and this TOU shall be binding upon and inure to the benefit of each party's respective permitted successors and assignees.

Should you have any questions concerning this TOU, or if you desire to contact BumbleBee for any enquiries, please contact us at (03) 9876 5732, from 8.00 am to 6.00 pm daily, or you can e-mail BumbleBee at info@bumbleb.com.au

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