TERMS & CONDITIONS
All users of this site agree that access to and use of this site are subject to the following terms and conditions and other applicable law. If you do not agree to these terms and conditions, please do not use this site.
COPYRIGHTThe entire content included on this site, including but not limited to text, graphics or code is copyrighted as a collective work under Australian and other copyright laws, and is the property of Be Spunki. You are more than welcome to quote us as long as the quote is accurate and you cite us appropriately.
TRADEMARKSAll trademarks, service marks and trade names of Be Spunki used in the site are trademarks or registered trademarks of Be Spunki.
LIMITATION OF LIABILITYThe information appearing on the Be Spunki website is provided for informational and inspirational purposes only. It should not be used as a substitute for professional medical advice, diagnosis or treatment. Always consult your professional healthcare provider before beginning any new treatment. Be Spunki assumes no responsibility or liability for any consequence resulting directly or indirectly from any action or inaction you take based on the information found on or material linked to on this site. Our products are designed to be beneficial and safe when used as recommended. Always read the label. Use only as directed. If symptoms persist see your healthcare professional. Any personal use of our products is beyond our control so it is the customer's responsibility to determine the suitability of the products with a healthcare professional, to use the products appropriately, and to ensure their safe use by those who come in contact with them. Be Spunki is not liable for incidences connected to the use or misuse of our products.
TYPOGRAPHICAL ERRORSIn the event that a Be Spunki product is mistakenly listed at an incorrect price, Be Spunki reserves the right to refuse or cancel any orders placed for product listed at the incorrect price. Be Spunki reserves the right to refuse or cancel any such orders whether or not the order has been confirmed and your credit card charged. If your credit card has already been charged for the purchase and your order is cancelled, Be Spunki shall issue a credit to your credit card account in the amount of the incorrect price.
TERM; TERMINATIONThese terms and conditions are applicable to you upon your accessing the site and/or completing the registration or shopping process. These terms and conditions, or any part of them, may be terminated by Be Spunki without notice at any time, for any reason. The provisions relating to Copyrights, Trademark, Limitation of Liability, and Miscellaneous, shall survive any termination.
NOTICEBe Spunki may deliver notice to you by means of e-mail, a general notice on the site, or by other reliable method to the address you have provided to Be Spunki.
MISCELLANEOUSYour use of this site shall be governed in all respects by the laws of New South Wales, Australia, without regard to choice of law provisions, and not by the 1980 U.N. Convention on contracts for the international sale of goods. You agree that jurisdiction over and venue in any legal proceeding directly or indirectly arising out of or relating to this site (including but not limited to the purchase of Be Spunki products) shall be in the state or federal courts located in New South Wales, Australia. Any cause of action or claim you may have with respect to the site (including but not limited to the purchase of Be Spunki products) must be commenced within one (1) year after the claim or cause of action arises. Be Spunki's failure to insist upon or enforce strict performance of any provision of these terms and conditions shall not be construed as a waiver of any provision or right. Neither the course of conduct between the parties nor trade practice shall act to modify any of these terms and conditions. Be Spunki may assign its rights and duties under this Agreement to any party at any time without notice to you.
USE OF THE SITEHarassment in any manner or form on the site, including via e-mail, chat, or by use of obscene or abusive language, is strictly forbidden. Impersonation of others, including a Be Spunki or other licensed employee, host, or representative, as well as other members or visitors on the site is prohibited. You may not upload to, distribute, or otherwise publish through the site any content which is libelous, defamatory, obscene, threatening, invasive of privacy or publicity rights, abusive, illegal, or otherwise objectionable which may constitute or encourage a criminal offense, violate the rights of any party or which may otherwise give rise to liability or violate any law. You may not upload commercial content on the site or use the site to solicit others to join or become members of any other commercial online service or other organization.
You agree to indemnify, defend, and hold harmless Be Spunki, its officers, directors, employees, agents, licensors and suppliers (collectively the "Service Providers") from and against all losses, expenses, damages and costs, including reasonable attorneys' fees, resulting from any violation of these terms and conditions or any activity related to your account (including negligent or wrongful conduct) by you or any other person accessing the site using your Internet account.