Terms of Use

Updated on March 9, 2013



Welcome to the Blu Dot Australia Web site (the "Site"). By using the Site, you agree to be bound by its Terms of Use (detailed below), Legal Notices, Privacy Policy and all disclaimers and terms and conditions that appear elsewhere on the Site.

This Site is owned and controlled by Blu Dot Design & Manufacturing, Inc. and is operated with the assistance of certain third parties. 

Blu Dot reserves the right to make changes to the Site and its Terms of Use and Legal Notices at any time.   If you are dissatisfied with the Site, its content or Terms of Use and Legal Notices, you agree that your sole and exclusive remedy is to discontinue using the Site.

Disclaimer of Warranty and Liability
THIS WEBSITE, ITS CONTENTS AND SITE RELATED SERVICES ARE PROVIDED "AS IS" AND WITH ALL FAULTS. BLU DOT DISCLAIMS, TO THE FULLEST EXTENT PERMITTED BY LAW, ALL WARRANTIES AND CONDITIONS, EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION, WARRANTIES, IMPLIED WARRANTIES OR CONDITIONS OF MERCHANTIABILITY, FITNESS FOR A PARTICULAR PURPOSE, QUIET ENJOYMENT, QUALITY OF INFORMATION AND TITLE/NON-INFRINGEMENT. YOU ASSUME FULL RESPONSIBILITY FOR ALL COSTS ASSOCIATED WITH ALL NECESSARY SERVICING OR REPAIRS OF ANY EQUIPMENT YOU USE IN CONNECTION WITH YOUR USE OF OUR SITE. NEITHER BLU DOT NOR ANY PARTY INVOLVED IN CREATING, PRODUCING OR DELIVERING THIS SITE OR ANY ASPECT THEREOF SHALL BE LIABLE FOR ANY DIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, INDIRECT, PUNITIVE OR OTHER DAMAGES WHATSOEVER (INCLUDING WITHOUT LIMITATION THOSE RESULTING FROM LOST PROFITS, LOST DATA OR BUSINESS INTERRUPTION), ARISING OUT OF OR IN CONNECTION WITH YOUR ACCESS, USE OR INABILITY TO USE THIS SITE, OR ERRORS OR OMISSION IN THE CONTENT THEREOF, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. YOU AGREE THAT ACCESS TO AND USE OF THIS SITE AND THE CONTENT THEREOF IS AT YOUR SOLE RISK. WE DO NOT WARRANT THAT THIS SITE, OR RELATED SOFTWARE, DATA, EMAILS, PRODUCTS OR SERVICES ARE FREE FROM DEFECTS, VIRUSES OR OTHER HARMFUL COMPONENTS.

Indemnification
You agree to defend, indemnify and hold Blu Dot, or any other party involved in the creation, production or transmission of the website harmless from and against any and all claims, damages, costs and expenses, including attorneys' fees, arising from or related to your use of the Site and/or your breach of these Terms of Use.

Copyright Notice
Unless otherwise noted, all Contents are copyrights, trademarks, trade dress and/or other intellectual property owned, controlled or licensed by Blu Dot, its suppliers or affiliates, or by third parties who have licensed their materials to Blu Dot and are protected by international copyright laws. The compilation (meaning the collection, arrangement, and assembly) of all Contents on this Site is the exclusive property of Blu Dot and is also protected by international copyright laws.

Blu Dot and its suppliers and licensors expressly reserve all intellectual property rights in all text, programs, products, processes, technology, content and other materials which appear on this Site. All product environmental photography is copyrighted by Dan Monick who has licensed use to Blu Dot. Access to this Site does not confer and shall not be considered as conferring upon anyone any license under any of Blu Dot’s or any third party's intellectual property rights.

The Blu Dot names and logos and all related product and service names, design marks and slogans are the trademarks or service marks of Blu Dot Design & Manufacturing, Inc. All other marks are the property of their respective companies. No trademark or service mark license is granted in connection with the materials contained on this Site. Access to this Site does not authorise anyone to use any name, logo or mark in any manner.

Infringing Material/DMCA
If you believe any content appearing on the Site, whether posted by us or by another visitor, violates the copyright or other proprietary rights of a third party, please notify us immediately, specifically identifying the content in question and the web page on which it appears, as well as the true copyright owner and any supporting information, and we will take appropriate action.

Changes to the Site
You agree and understand that the Site, including any and all features available via the Site and any User Content (as defined below), may be modified by us, in our sole discretion, at any time without prior notice. Unless expressly stated otherwise, any new features, new services, enhancements or modifications to the Site implemented after your initial access to the Site shall be subject to these Terms of Service.

Your Account and Computer Data Safety
When and if you use the Site, it shall be your sole responsibility to restrict access to your computer and to maintain the confidentiality of your email address, password and any other account identifiers related to any personal account you created on the Site (the "Account"). You also agree to accept sole responsibility for any and all activity that occurs under your Account. You should take reasonable steps to protect your computer systems and data from viruses, hackers, identity thieves and other similar problems.

Site Rules; User Comments
Any comments, suggestions, ideas, materials and other submissions that you send to us through the Site or by email, mail, telephone, at our stores or otherwise, or in any social media accessible in the future through us or our Site or related to or associated with us ("User Comments") are provided on a non-confidential basis. By submitting User Comments, you are granting us an irrevocable and unrestricted license to the User Comments for any purpose whatsoever, including use, reproduction, publication, broadcast, posting, modification, transmission, display, distribution or creating derivative works.

You agree that no User Comments will violate any right of any third party, including copyright, trademark, privacy or other personal or proprietary rights. You further agree that no part of any User Comment will be libelous, unlawful, abusive, offensive or obscene. You are and shall remain solely responsible for any of your User Comments. Blu Dot reserves the right to monitor, modify or delete any User Comment, in our sole discretion.

By accessing this Site, each user also agrees not to use the Site to post or transmit any offensive, harmful, unlawful, threatening, libelous, defamatory, obscene, abusive, hateful, inflammatory, pornographic or profane material or any material that could constitute or encourage conduct that would be considered a criminal offense, give rise to civil liability or would otherwise violate the law.

Site Access
We may discontinue all or part of this Site at any time. We may block or limit your access to this Site for any reason, including if: (a) you violate these Terms of Use; (b) you violate any applicable law or regulation relating to your use of this Site; (c) you engage in any conduct which we, in our sole discretion, believe is offensive, harmful, defamatory or otherwise harmful to us or others; (d) you breach any other agreement with us.

Product Pricing, Availability and Accuracy
Prices and availability of products and services are subject to change without notice. Errors will be corrected where discovered, and Blu Dot reserves the right to revoke any stated offer and to correct any errors, inaccuracies or omissions including after an order has been submitted and whether or not the order has been confirmed and your credit card charged.

Product Display/Colors
The Site attempts to display product images shown on the site as accurately as possible. However, we cannot guarantee that the color you see matches the product color, as the display of the color depends, in part, upon the monitor you are using.

Order Confirmation
When placing an order, the order confirmation email is an acknowledgement of your order and not of fulfillment.

Non-Commercial Use
This Site and products sold through this Site are intended solely for the personal, non-commercial use of our customers and our potential customers. Our products are not being offered for re-sale unless previous, written authorisation has been provided.

Applicable Law
To visit and use our sites and services, you agree that the laws of Australia and the state of New South Wales, without regard to principles of conflict of laws, will govern these Terms of Use and any dispute of any sort that might arise between you and Blu Dot.

Contact Information
If you have questions or comments about these Terms of Use, please contact us via email at hello@bludot.com.au or phone at (02) 9313 5400