Your use of the BlackSpline.com website (this “Website”) owned by BlackSpline Pty. Ltd. (“We”, “Our” or “Us”) is subject to:
- our Copyright;
- our Privacy Statement;
- our Disclaimer; and
- these Terms of Conditions displayed on this Website (collectively “Website Terms”).
By using this Website, you will be deemed to accept the Website Terms and agree to be bound by them.
Changes to the Website Terms
We may change the Website Terms from time to time by publishing an updated version on this Website. By continuing to use this Website you will be deemed to accept the updated Website Terms and agree to be bound by them.
No Warranties or Representations
To the maximum extent permitted by law, we do not represent or warrant that the content on this Website is accurate, reliable, suitable, or complete. Although we use reasonable care and skill in providing this Website, we cannot promise that this Website will be continuously available or virus or fault free.
Our Liability to You
Except as set out under this section, we may be liable to you for breach of contract or negligence under the principles applied by the courts. We are not liable for any loss or damage to the extent that it is caused by you. To the maximum extent permitted by law, we exclude any liability to you that may otherwise arise as a result from your use of this Website in connection with any business purpose. If we are not entitled by law to exclude liability arising from breach of a statutory duty or other legislation, then to the extent we are permitted to do so we limit that liability to resupply of the services, information or links and associated services, as the case may be.
Your Liability to Us
You are liable to us for breach of the Website Terms or negligence under the principles applied by the courts. You are not liable to us for any loss to the extent that it is caused by us.
The following provisions specifically relate to the eStore portion of this Website. All other provisions of the Website Terms apply to the eStore as well:
Order Acceptance: Your receipt of an electronic or other form of order confirmation does not constitute us acceptance of your order for products or services offered through this website, nor does it constitute confirmation of our offer to sell you a particular product or service. We reserve the right at any time after receipt of your order to accept, decline, or limit your order for any reason. Your credit card will not be charged until we have accepted your order and prepared your order for shipment or for download. We may require additional verifications or information before accepting any order. Price and availability of products and services offered through this website are subject to change without prior notice. To the extent we provide information on the availability of products and services provided by third party vendors, suppliers, publishers, and manufacturers (collectively “Third-Party Products”), we attempt to be as accurate as possible. However, we do not warrant that product descriptions, product availability or other information on this website is accurate, complete, reliable, current, or error-free. We will not be liable for any lack of availability of Third-Party Products you may order through this website. If your purchase order or any other communication with us contains provisions inconsistent with the Website Terms, the Website Terms will prevail.
Security: The purchase area of the eStore is designed to be secure. This means that any information you send us is protected by encryption. All messages are sent in an encrypted “Digital Envelope” and authenticated to verify the identity of both the sender and the receiver of the transaction. However, no connection to the Internet is completely secure. If you experience fraudulent use of your credit card as a result of shopping with us, notify your credit card company in accordance with its reporting rules and procedures. Most companies will either cover all of the fraudulent purchases or hold you liable for a maximum of $ 50. Should your credit card company discover credit card fraud and hold you liable for some portion of the unauthorized charges, and provided the purchase was made through our secure server, we will reimburse you for the maximum liability of $50.
Limited Warranty: We offer through the eStore Third-Party Products. Certain Third-Party Products may be subject to End User License Agreements in addition to the Website Terms. In the event of a conflict between any provision of a Third-Party Products End User License Agreement and Website Terms, the provision of the Third-Party End User License Agreement will control as to the particular conflicting provision.
Third Party Products: All Third-Party Products ordered through the eStore are subject to the Terms and Conditions of the End User License Agreement between you and the third-party vendor (“Third Party”) (if any), and any other Third-Party policies and procedures. All warranties, maintenance, updates, liabilities or other obligations related to Third Party Products will be provided for by the Third Party, and we will not be responsible for any Third-Party Products, except that we will coordinate returns of Third-Party Products to Third Parties.
Taxes: Prices listed through this website do not include any tax or other governmental charge or assessment on the sale, shipment, download, or use of any products sold to you. Such taxes and charges, when applicable, may appear as separate additional charges. You will be solely responsible for, and will pay to us upon demand, any such tax, charge or assessment, unless you have furnished to us an appropriate valid certificate of exemption issued by or acceptable to the tax authority in question.
If there is an inconsistency between the Terms of Conditions and any other terms displayed on individual pages of this Website (“Other Terms”), the Other Terms will govern to the extent of the inconsistency.
No Waiver for Breaches
If we do not act in relation to a breach of the Website Terms by you, we do not waive any rights to act in relation to that breach or any later breach by you. If you do not act in relation to a breach of the Website Terms by us, you do not waive any rights to act in relation to that breach or any later breach by us.
The Website Terms are governed by the law in force in the State of New South Wales, Australia.
Monday, 08th March 2021