Terms and Conditions
This website is operated by Bactakleen Australia. Throughout the site, the terms “we”, “us” and “our” refer to Bactakleen Australia. Bactakleen Australia offers this website ("Site"), 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. By visiting our Site and/ or purchasing something from us, you agree to be bound by the following terms and conditions (“Terms of Service”, “Terms”), including those additional terms and conditions and policies referenced herein and/or available by hyperlinks. These Terms apply to all users of the site, including without limitation users who are browsers, vendors, customers, merchants, and/ or contributors of content.
Please read these Terms carefully before accessing or using our website. By accessing or using any part of the site, you agree to be bound by these Terms. If you do not agree to all the terms and conditions, then you may not access the website. If these Terms are considered an offer, acceptance is expressly limited to these Terms. We reserve the right to update, change or replace any part of these Terms by posting updates and/or changes to our website.
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. Our store is hosted on Shopify Inc. They provide us with the online e-commerce platform that allows us to sell our Products to you.
1. 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 and involve (a) transmissions over various networks; and (b) changes to conform and adapt to technical requirements of connecting networks or devices. Credit card information is always encrypted during transfer over networks. Products offered on this Site is intended for purchase and use by residents of Australia only. We do not accept offers from individuals outside of Australia. You agree not to reproduce, duplicate, copy, sell, resell or exploit any portion of the Site and Products, or access to or any contact on the website through which the service is provided, without express written permission by us.
2. Your Status
By agreeing to these Terms, you represent that you are at least the age of majority in your state or province of residence and that you are legally capable of entering into binding contracts. You may not use our Products for any illegal or unauthorized purpose nor may you, in the use of the Site, violate any laws in your jurisdiction (including but not limited to copyright laws).
3. Accuracy, Completeness and Timeliness of Information
All Products promoted for sale through this site are supplied with satisfactory quality and reasonably fit for claimed purposes. The material on this site is provided for general information only, and may not be complete or current. Specifications listed are not intended to be binding, and should not be used as the sole basis for making decisions. We do not further warrant that the quality of any Product purchased by you will meet your expectations.
The price of all Products include GST but exclude delivery costs. All prices displayed on the website are quoted in Australia Dollar ($AUD) and must be paid in full, including delivery charges prior to issuance of goods to nominated delivery address. Prices are subject to change without prior notice. Despite our best efforts, some of the Products listed on our site may be erroneously priced. We will, at our discretion, either contact you before dispatching the Product, or reject your order and notify you of such rejection. We are under no obligation to provide the Product to you at the incorrect price, even after we have sent you a Confirmation Email, if the pricing error is obvious and unmistakable.
5. Product Availability
Certain products or services may be available exclusively online through the website. These products or services may have limited quantities and are subject to return or exchange only according to our Return Policy. We have made every effort to display as accurately as possible the colors and images of our products that appear at the store. We reserve the right, but are not obligated, to limit the sales of Products to any person, geographic region or jurisdiction. We may exercise this right on a case-by-case basis. We 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 anytime without notice, at the sole discretion of us. We reserve 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, or that any errors in the Service will be corrected. We reserve the right at any time to modify or discontinue any Product without prior notice. We shall not be held liable for any modification, suspension or discontinuance of the Product. All Products offered for sale are subject to availability.
6. Billing and Account Information
We reserve 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, the same credit card, and/or orders that use the same billing and/or shipping address. In the event that we make a change to or cancel an order, we may attempt to notify you by contacting the e‑mail and/or billing address/phone number provided at the time the order was made. We reserve the right to limit or prohibit orders that, in our sole judgment, appear to be placed by unauthorized dealers, resellers or distributors. You agree to provide current, complete and accurate purchase and account information for all purchases made at our store. You agree to promptly update your account and other information, including your email address and credit card numbers and expiration dates, so that we can complete your transactions and contact you as needed. For more detail, please review our Returns Policy.
7. Third-party Links
Certain content, products and services available via our Site may include materials from third-parties. Third-party links on this site may direct you to third-party websites that are not affiliated with us. We are not responsible for examining or evaluating the content or accuracy and we do not warrant and will not have any liability or responsibility for any third-party materials or websites, or for any other materials, products, or services of third-parties. We are not liable for any harm or damages related to the purchase or use of goods, services, resources, content, or any other transactions made in connection with any third-party websites. Please review carefully the third-party's policies and practices and make sure you understand them before you engage in any transaction. Complaints, claims, concerns, or questions regarding third-party products should be directed to the third-party.
8. Personal Information
9. Errors, Inaccuracies and Omissions
Occasionally there may be information on our site or in the Service that contains typographical errors, inaccuracies or omissions that may relate to product descriptions, pricing, promotions, offers, product shipping charges, transit times and availability. We reserve the right to correct any errors, inaccuracies or omissions, and to change or update information or cancel orders if any information in the Site is inaccurate at any time without prior notice (including after you have submitted your order). We undertake no obligation to update, amend or clarify information on this Site or on any related website, including without limitation, pricing information, except as required by law. No specified update or refresh date applied on this Site or on any related website, should be taken to indicate that all information on this Site or on any related website has been modified or updated.
10. Prohibited Uses
In addition to other prohibitions as set forth in the Terms of Service, you are prohibited from using the site or its content: (a) for any unlawful purpose; (b) to solicit others to perform or participate in any unlawful acts; (c) to violate any international, federal, provincial or state regulations, rules, laws, or local ordinances; (d) to infringe upon or violate our intellectual property rights or the intellectual property rights of others; (e) to harass, abuse, insult, harm, defame, slander, disparage, intimidate, or discriminate based on gender, sexual orientation, religion, ethnicity, race, age, national origin, or disability; (f) to submit false or misleading information; (g) to 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; (h) to collect or track the personal information of others; (i) to spam, phish, pharm, pretext, spider, crawl, or scrape; (j) for any obscene or immoral purpose; or (k) to 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.
11. Disclaimer of Warranties; Release of Liability
We do not guarantee, represent or warrant that your use of our Products will be uninterrupted, timely, secure or error-free. You acknowledge and agree that Products sold on this website may cause physical damage to property and/or personal injury. Without limiting the foregoing, You acknowledge that use of the Products may set off fire suppression systems, smoke alarms and/or other similar systems and that certain people may be allergic to the Products’ ingredients. You expressly agree that your use of, or inability to use, the Product is at your sole risk, and hereby assumes such risks. You agree that from time to time we may remove Products for indefinite periods of time without prior notice. All products delivered to you through the Site or via authorized distributor are provided 'as is' and 'as available' for your use, without any representation, warranties or conditions of any kind, either express or implied, including all implied warranties or conditions, quality, fitness for a particular purpose, durability, title, and non-infringement. You, as user of Products, irrevocably and unconditionally release, forever discharge, and agree not to bring any other legal action against Bactakleen Australia and any of its successors in interest, affiliated organizations and companies, distributors, resellers, dealers, agents, employees, representatives, assignees, officers, directors, members, and shareholders ("Released Parties”) with respect to any and all claims and causes of action of any nature whether currently known or unknown, which You have or which could be asserted in connection with the Your use of the Products.
You agree to indemnify, defend and hold harmless Bactakleen Australia and our parent, subsidiaries, affiliates, partners, officers, directors, agents, contractors, licensors, service providers, subcontractors, suppliers, interns and employees, harmless from any claim or demand, including reasonable attorneys’ fees, made by any third-party due to or arising out of your breach of these Terms of Service or the documents they incorporate by reference, or your violation of any law or the rights of a third-party.
13. Assumption of Risk
You agree and understand that there are potential dangers and risks associated with the use of the Products. You acknowledge that use of the Products may set off fire suppression systems, smoke alarms and/or other similar systems and that certain people may be allergic to the Products’ ingredients. You recognize that property loss, injury and death are all possible while using the Products. Recognizing the potential risks and dangers, you voluntarily choose to use the Products and expressly assume all potential risks and dangers of the use of the Products, whether or not described above, known or unknown, inherent, or otherwise. You also acknowledge the risks inherent with ownership, transportation, and storage of the Products.
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 at any time by notifying us that you no longer wish to use our Products, or when you cease using our Site. If in our sole judgment you fail, or we suspect that you have failed, to comply with any term or provision of these Terms, we also may terminate this agreement at any time without notice and you will remain liable for all amounts due up to and including the date of termination; and/or accordingly may deny you access to our Products (or any part thereof).
15. Entire Agreement
The failure of us to exercise or enforce any right or provision of these Terms shall not constitute a waiver of such right or provision. These Terms 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 and govern your use of the Site, superseding any prior or contemporaneous agreements, communications and proposals, whether oral or written, between you and us (including, but not limited to, any prior versions of the Terms).
16. Governing Law
These Terms and any separate agreements whereby we provide you Products shall be governed by and construed in accordance with the laws of Australia.
17. Changes to Terms and Conditions
You can review the most current version of the Terms at any time at this page. We reserve the right, at our sole discretion, to update, change or replace any part of these Terms 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 Site following the posting of any changes to these Terms constitutes acceptance of those changes.