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Please Read The Following Terms Of Use And Disclaimers Carefully Before Using This Web Site.
Acceptance of Terms
This website (the “Site“) is operated by Bomcafe Australia Limited, (“Bomcafé“). Throughout the site, the terms “we,” “us” and “our” refer to Bomcafe Australia Limited.
Bomcafe Australia Limited offers this site, including all information, tools and services available from this site, to you, the user, conditioned upon your acceptance of all the terms, conditions, policies and notices stated here. Your use of this site constitutes your agreement to these Terms of Use. If you do NOT agree to these Terms of Use, please do NOT use this site.
Accuracy and Completeness of Information
Bomcafe Australia Limited is not responsible if information made available on this site is not accurate, complete or current. The material on this site is provided for general information only and 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. We reserve the right to modify the contents of this site at any time, but we have no obligation to update any information on the site. You agree that it is your responsibility to monitor changes to the site.
Your Use of the Site
All content on this site (including, without limitation, text, design, graphics, logos, icons, images, audio clips, downloads, interfaces, code and software) is the exclusive property of and owned by Bomcafe Australia Pty Limited, its licensors or its content providers and is protected by copyright, trademark and other applicable Australian statutory laws. You may access, copy, download and print the material contained on the site for your personal and non-commercial use, provided you do not modify or delete any copyright, trademark or other proprietary notice that appears on the material you access, copy, download or print. Any other use of the content on the site, including but not limited to the modification, distribution, transmission, uploading, licensing, or the creation of derivative works from, any material, information, software, products or services obtained from the site, is expressly prohibited. Bomcafe Australia Limited or its licensors or content providers retain complete title to the material provided on the site, including all associated intellectual property rights, and provide this material to you under a license that is revocable at any time in Bomcafe Australia Limited’s sole discretion. Bomcafe Australia Limited neither warrants nor represents that your use of materials on this site will not infringe the rights of third parties not affiliated with Bomcafe Australia Limited.
Materials You Submit
You acknowledge that you are responsible for any material you may submit via the site, including the legality, reliability, appropriateness, originality and copyright of any such material. You may not upload to, distribute or otherwise publish through this site any content that (i) is confidential, proprietary, false, fraudulent, libellous, defamatory, obscene, threatening, invasive of privacy or publicity rights, infringing on intellectual property rights, abusive, illegal or otherwise objectionable; (ii) may constitute or encourage a criminal offence, violate the rights of any party or otherwise give rise to liability or violate any law; or (iii) may contain software viruses, political campaigning, chain letters, mass mailings, or any form of “spam.” You may not use a false email address or other identifying information, impersonate any person or entity or otherwise mislead as to the origin of any content. You may not upload commercial content onto the site.
If you do submit material, and unless we indicate otherwise, you grant Bomcafe Australia Limited and its affiliates an unrestricted, nonexclusive, royalty-free, perpetual, irrevocable and fully sublicensable right to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute and display such material throughout the world in any media. You further agree that Bomcafe Australia Limited is free to use any ideas, concepts, or know-how that you or individuals acting on your behalf provide to Bomcafe Australia Limited.
You grant Bomcafe Australia Limited and its affiliates the right to use the name you submit in connection with such material if they so choose. All personal information provided via this site will be handled under the site’s online Privacy Policy. You represent and warrant that you own or otherwise control all the rights to the content you post; that the content is accurate; that use of the content you supply does not violate any provision herein and will not cause injury to any person or entity; and that you will indemnify Bomcafe Australia Limited for all claims resulting from content you supply.
Disclaimers
Your use of this site is at your sole risk. The site is provided on an “as is” basis.
Bomcafe Australia Limited expressly disclaims any warranty of any kind, whether express or implied, as to any matter whatsoever relating to this Site, including without limitation the implied warranty of merchantability, fitness for any particular purpose or non-infringement.
If you download any material from this site, you do so at your discretion and risk. You are responsible for any damage to your computer system or loss of data that results from the download of any such material.
Limitation of Liability
In no event and under no legal or equitable theory, whether in tort, contract, strict liability or otherwise, shall bomcafe australia limited be liable for any direct, indirect, special, incidental or consequential damages arising out of any use of the information contained herein, including, without limitation, damages for lost profits, loss of goodwill, loss of data, work stoppage, accuracy of results, or computer failure or malfunction.
You specifically acknowledge and agree that neither bomcafe australia limited nor its investors, partners and suppliers shall be liable for any defamatory, offensive or illegal conduct of any user of the site. Your sole and exclusive remedy for any of the above claims or any dispute with bomcafe australia limited is to discontinue your use of the site. You and bomcafe australia limited agree that any cause of action arising out of or related to the site must commence within one (1) year after the cause of action accrues or the cause of action is permanently barred. Because some jurisdictions do not allow limitations on how long an implied warranty lasts, or the exclusion or limitation of liability for consequential or incidental damages, all or a portion of the above limitation may not apply to you.
Indemnification
You agree to defend, indemnify and hold Bomcafe Australia Limited harmless from and against any and all claims, damages, costs and expenses, including attorney’s fees, arising from and related to your use of the Site.
Copyright Notice
Unless otherwise noted, the graphic images, buttons and text contained in this Site are the exclusive property of Bomcafe Australia Limited and its subsidiaries. Except for personal use, these items may not be copied, distributed, displayed, reproduced, or transmitted, in any form or by any means, electronic, mechanical, photocopying, recording, or otherwise without prior written permission of Bomcafe Australia Limited.
Trademarks
This Site features logos, brand identities and other trademarks and service marks (collectively, the “Marks”) that are the property of or are licensed to Bomcafe Australia Limited and its subsidiaries or its licensors or content providers. All of these Marks are the property of their respective owners. Nothing contained on this Site should be construed as granting, by implication, estoppel, or otherwise, any license or right to use any Mark displayed on this Site without written permission of Bomcafe Australia Limited or any such third party that may own a Mark displayed on the Site. Bomcafe Australia Limited reserves all rights not expressly granted in and to the site and its content. This site and all of its content, including but not limited to text, design, graphics, interfaces and code, and the selection and arrangement thereof, is protected as a compilation under the copyright laws of Australia and other countries.
Links to Third Party Sites
As a convenience to users, this Site may link to other sites owned and operated by third parties and not maintained by Bomcafe Australia Limited. However, even if such third parties are affiliated with Bomcafe Australia Limited, Bomcafe Australia Limited has no control over these linked sites, all of which have separate privacy and data collection practices and legal policies independent of Bomcafe Australia Limited. Bomcafe Australia Limited is not responsible for the contents of any linked sites and does not make any representations regarding the content or accuracy of material on such sites. Viewing such third-party sites is entirely at your own risk.
Cautionary Language Regarding Forward-Looking Statements, depicted packaging samples, artwork illustrations and graphic designs.
This Site may contain statements, data, estimates or projections that constitute “forward-looking statements” as defined under provisions of the Australian federal consumer laws. Any such forward-looking statements are inherently speculative and are based on currently available information, operating and strategic business plans and projections about future events and trends. As such, they are subject to risks and uncertainties. Actual results and performance may be significantly different from Bomcafe Australia Limited’s historical experience and our present expectations or projections. Bomcafe Australia Limited undertakes no obligation to publicly update or revise any forward-looking statements.
All artwork designs and photographs on this website and in all our pre-launch marketing brochures/booklets depict fixtures, finishes and features of the possible future packaging of the brand’s products.
Jurisdiction
Bomcafe Australia Pty Limited maintains and operates this Site from its offices in Brisbane, Australia. These Terms of Use are governed and interpreted under the laws of the State of Queensland, Australia. By using this site you consent to the jurisdiction of the courts located in Queensland for any action arising from these Terms of Use. If any portion of these Terms of Use is deemed unlawful, void, or unenforceable, then that part shall be deemed severable and shall be construed in accordance with applicable law. Such a term will not affect the validity and enforceability of any remaining provisions. Bomcafe Australia Limited’s failure to act with respect to a breach of these Terms of Use by you or others does not constitute a waiver and shall not limit Bomcafe Australia Limited’s rights concerning such breach or any subsequent breaches.
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