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Terms of Service

OVERVIEW

The Terms of Service sate that this website is operated by BathCalm Pty Ltd. Throughout the site, the terms “we”, “us” and “our” refer to BathCalm Pty Ltd. BathCalm Pty Ltd offers this website, including all information, tools and services available from this site to you, the user, conditioned upon your acceptance of all terms, conditions, policies and notices stated here.

When you visit our site and/or purchase a product or service from us, you engage in our “Service”. You agree to be bound by the following terms and conditions (“Terms of Service”, “Terms”). These include those additional terms and conditions and policies referenced herein and/or available by hyperlink. The Terms of Service apply to all users of the site, and include without limitation users who browse, vendors and customers. Merchants, and/ or content contributors are also bound by the Terms of Service.

Please read these Terms of Service carefully before you access or use our website. When you access or use any part of this site, you agree to be bound by these Terms of Service.

Should you not agree to all terms and conditions of this Agreement, you may not access the website or services.

If these Terms of Service are considered an offer, acceptance is expressly limited to these Terms of Service.

FEATURES AND TOOLS

Any new features or tools added to the current store shall also be subject to the Terms of Service. You can review the current version of the Terms of Service at any time on this page. We reserve the right to update, change or replace any part of these Terms of Service. Further, we reserve the right to post updates and/or changes to our website without notice. It is your responsibility to check this page periodically for changes. Your continued use of or access to the website following the posting of any changes constitutes acceptance of those changes.

SECTION 1 - ONLINE STORE TERMS

When you agree to these Terms of Service, you represent that you are at least the age of majority in your state or province of residence. You also represent that you are the age of majority in your state or province of residence. Additionally, you have given us your consent to allow any of your minor dependents to use this site.

You may not use our products for any illegal or unauthorized purpose. Nor may you, in the use of the Service, violate any laws in your jurisdiction. This includes but is not limited to copyright laws.  

SECTION 2 - GENERAL CONDITIONS

When you agree to these Terms of Service, you represent that you are at least the age of majority in your state or province of residence. You also represent that you are the age of majority in your state or province of residence. Furthermore, you consent to allow any of your minor dependents to use this site.
You may not use our products for any illegal or unauthorized purpose. Nor may you, in the use of the Service, violate any laws in your jurisdiction. This includes but is not limited to copyright laws.

SECTION 2 - GENERAL CONDITIONS

We reserve the right to refuse service to anyone for any reason at any time.
You understand that your content not including credit card information, may be transferred unencrypted. Your content may involve transmissions over various networks. You understand changes to conform and adapt to technical requirements of connecting networks or devices. Credit card information is always encrypted during transfer over networks.
You agree not to reproduce, duplicate, copy, sell, resell or exploit any portion of the Service. As well, you also agree not to use or access the Service or any contact on the website through which the service is provided without express written permission by us.
The headings used in this Agreement are included for convenience only and will not limit or otherwise affect these Terms.

SECTION 3 – ACCURACY, COMPLETENESS AND TIMELINESS OF INFORMATION

The material on this site is provided for general information only. It should not be relied upon or used as the sole basis for making decisions without consulting primary, more accurate, more complete or more timely sources of information. Any reliance on the material on this site is at your own risk.
This site may contain certain historical information.
Historical information, necessarily, is not current and is provided for your reference only. We reserve the right to modify the contents of this site at any time, but we have no obligation to update any information on our site. You agree that it is your responsibility to monitor changes to our site.

SECTION 4 – MODIFICATIONS TO THE SERVICE AND PRICES

Prices for our products are subject to change without notice.

BathCalm reserves the right to modify or discontinue the Service (or any part or content thereof) without notice at any time.

We shall not be liable to you or to any third party for any modification, price change, suspension or discontinuance of the Service.

SECTION 5 – PRODUCTS

Certain products are available exclusively online through the website. These products may have limited quantities and are subject to return or exchange only according to our Refund Policy.

We reserve the right to limit the sales of our products or Services to any person, geographic region or jurisdiction. This right may be exercised on a case-by-case basis. We also reserve the right to limit the quantities of any products or services that we offer. All descriptions of products or product pricing are subject to change at any time without notice, at our sole discretion. BathCalm reserves the right to discontinue any product at any time. Any offer for any product or service made on this site is void where prohibited.

We do not warrant that the quality of any products, services, information, or other material purchased or obtained by you will meet your expectations. Furthermore, we do not warrant that that any errors in the Service will be corrected.

SECTION 6 – ACCURACY OF BILLING AND ACCOUNT INFORMATION

BathCalm reserves the right to refuse any order you place with us. We may, in our sole discretion, limit or cancel quantities purchased per person, per household or per order. These restrictions may include orders placed by or under the same customer account. Restrictions may also include the same credit card, and/or orders that use the same billing and/or shipping address. If we change / cancel an order, we may attempt to notify you by e‑mail and/or billing address provided in the order. We reserve the right to prohibit orders that, in our judgment, appear to be placed by dealers, resellers or distributors.

You agree to provide current, complete and accurate purchase and account information for all purchases made at our store. You also agree to promptly update your account and other information. This includes your email address, credit card number and expiration date, so we can complete your transactions as required. We may contact you as required.

For more detail, please review our Refund Policy.

SECTION 7 – OPTIONAL TOOLS

We may provide you with access to third-party tools over which we neither monitor nor have any control nor input.


You acknowledge and agree that we provide access to such tools “as is” and “as available” without any warranties, representations or conditions of any kind. This includes without any endorsement. We shall have no liability whatsoever arising from or relating to your use of optional third-party tools.
Any use by you of optional tools offered through the site is entirely at your own risk and discretion. You should ensure that you are familiar with and approve of the terms on which tools are provided by the relevant third-party provider(s).

In the future, we may offer new services and/or features through the website. This includes but is not limited to the release of new tools and resources. Such new features and/or services shall also be subject to these Terms of Service.

SECTION 8 – USER COMMENTS, FEEDBACK AND OTHER SUBMISSIONS

You agree that we may, at any time, edit, copy, publish, distribute, translate in any medium, comments you forward to us.  We are and shall be under no obligation to maintain comments in confidence; to pay compensation for any comments. Furthermore, we are under no obligation to respond to any comments.

We may, but have no obligation to, monitor, edit or remove content that we determine at our sole discretion. This content will be determined as unlawful, offensive, threatening, libellous, defamatory, pornographic, obscene, discriminatory or otherwise objectionable. Also, we remove any content that violates any party’s intellectual property or these Terms of Service.

You agree that your comments will not violate any right of any third-party, including copyright, trademark, privacy, personality or other personal or proprietary right.

Further, you agree that your comments will not contain libellous or otherwise unlawful, abusive, obscene or discriminatory material. Comments shall not contain any malware that could in any way affect the operation of the Service or related website.

You may not use a false e‑mail address, pretend to be someone other than yourself. Furthermore, you may not mislead us or third-parties as to the origin of any comments. Sole responsibility for any comments you make and their accuracy lie solely with you. We take no responsibility and assume no liability for any comments posted by you or any third-party.

SECTION 9 – PERSONAL INFORMATION
Your submission of personal information through the store is governed by our Privacy Policy.
SECTION 10 – ERRORS, INACCURACIES AND OMISSIONS

Occasionally information on our site or in the Service may contain typographical errors. These may include inaccuracies or omissions that may relate to product descriptions, pricing, promotions or offers. Product shipping charges, transit times and availability may also be included. We reserve the right to correct any errors, inaccuracies or omissions. This right also includes a change or update of information or order cancellation if information in the Service or related website is inaccurate at any time without prior notice. Orders after submission are also included.   

We undertake no obligation to update, amend or clarify information in the Service or on any related website. This includes without limitation, pricing information, except as required by law.

No specified update or refresh date applied in the Service or on any related website, should indicate that all information in the Service or on any related website was updated.

SECTION 11 – PROHIBITED USES

In addition to other prohibitions as set forth in the Terms of Service, you are prohibited to the site or its content for the following reasons:

  1. any unlawful purpose.
  2. solicit others to perform or participate in any unlawful acts.
  3. violate any international, federal, provincial or state regulations, rules, laws, or local ordinances.
  4. infringe upon or violate our intellectual property rights or the intellectual property rights of others.
  5. harass, abuse, insult, harm, defame, slander, disparage, intimidate, or discriminate based on gender, sexual orientation, religion, ethnicity, race, age, national origin, or disability.
  6. submit false or misleading information.
  7. upload or transmit viruses or any other type of malicious code that will or may be used in any way that will affect the functionality or operation of the Service or of any related website, other websites, or the Internet.
  8. collect or track the personal information of others.
  9. spam, phish, pharm, pretext, spider, crawl, or scrape.
  10. obscene or immoral purpose.
  11. interfere with or circumvent the security features of the Service or any related website, other websites, or the Internet.

We reserve the right to terminate your use of the Service or any related website for violating any of the prohibited uses.

SECTION 12 – DISCLAIMER OF WARRANTIES; LIMITATION OF LIABILITY

We do not guarantee, represent or warrant that use of our service will be uninterrupted, timely, secure or error-free.The results obtained from the use of the service are not guaranteed, represented or warranted to be accurate or reliable.

Also, you agree that we may remove the service indefinitely or cancel the service at any time, without notice.

You expressly agree that your use of, or inability to use, the service is at your sole risk. All products and services delivered to you through the service are provided ‘as is’ and ‘as available’ for your use. This exception is whereas expressly stated by us. The service includes without any representation, warranties or conditions of any kind, either express or implied. Also included are all implied warranties or conditions of merchantability, merchantable quality, fitness for particular purpose, durability, title, and non-infringement.

In no case shall BathCalm Pty Ltd, our directors, officers, employees, affiliates, agents, contractors, suppliers, service providers or licensors be liable for any injury, loss, or claim.

This is via any direct, indirect, incidental, punitive, special, or consequential damages of any kind, including without limitation.

Also included in any non-liability are lost profits, revenue, or savings, loss of data, replacement costs, or any similar damages. This includes whether based in contract, offence (including negligence), strict liability or otherwise, arising from your transmitted, or otherwise made available. Our liability shall be limited to the maximum extent permitted by law.

SECTION 13 – INDEMNIFICATION

In the event that any provision of these Terms of Service is determined to be unlawful, void or unenforceable, such provision shall nonetheless be enforceable to the fullest extent permitted by applicable law. Furthermore, the unenforceable portion shall be deemed to be severed from these Terms of Service. Such determination shall not affect the validity and enforceability of any other remaining provisions.

SECTION 14 – SEVERABILITY

Should these Terms of Service is determined to be unlawful, void or unenforceable, in any event, such provision shall nonetheless be enforceable to the fullest extent permitted by applicable law. The unenforceable portion shall be deemed to be severed from these Terms of Service. Such determination shall not affect the validity and enforceability of any other remaining provisions.

SECTION 15 – TERMINATION

The obligations and liabilities of the parties incurred prior to the termination date shall survive the termination of this Agreement for all purposes.
These Terms of Service are effective unless and until terminated by either you or us. You may terminate these Terms of Service at any time. To do so, notify us that you no longer wish to use our Services, or cease to use our site.
If in our sole judgment you fail, or we suspect that you failed to comply with any term or provision of these Terms of Service, we may terminate this Agreement. We may do so at any time without notice. You will remain liable for all amounts due up to and including the date of termination. Furthermore, we may deny you access to our Services or any part thereof.

SECTION 16 – ENTIRE AGREEMENT

Any failure by us to exercise or enforce any right or provision of these Terms of Service shall not constitute a waiver of such right or provision.

The Terms of Service outlined herein, and any policies or operating rules posted by us on this site or in respect to The Service constitutes the entire Agreement and understanding between you and us. These govern your use of the Service, and supersede any prior or contemporaneous Agreements. This includes communications and proposals, whether oral or written, between you and us. Also included, but not limited to, are any prior versions of the Terms of Service.

Any ambiguities in the interpretation of these Terms of Service shall not be construed against the drafting party.

SECTION 17 – GOVERNING LAW

These Terms of Service and any separate Agreements whereby we provide you Services are governed by and construed in accordance with Australian laws.

SECTION 18 – CHANGES TO TERMS OF SERVICE

You can review the current version of the Terms of Service at any time at this page.

We reserve the right, at our sole discretion, to update, change or replace any part of these Terms of Service. We do so by posting updates and changes to our website. It is your responsibility to check our website periodically for changes. Your continued use of or access to our website or the Service following the posting of any changes to these Terms of Service constitutes acceptance of those changes.

SECTION 19 – CONTACT INFORMATION

Questions about the Terms of Service should be sent to us at clientcare@bathcalm.com.