- Terms of Use
a) Terms of Use refers to the use of this website, and operation of the website by Barefruit Marketing Pty Ltd (ACN 620 106 372).
b) Access to the Website is conditional upon your acceptance, without alteration, of these Terms of Use.
c) By accessing and browsing the Website, you accept, without limitation or qualification, the Terms of Use and the terms and conditions of Barefruit Marketing’s Privacy Policy and, if relevant, the terms and conditions as contained in Barefruit Marketing’s client agreements.
d) For the purpose of this Terms of Use, you are referred to as a “Customer”, if the relevant clause is regarding any sale of goods or services, supplied by Barefruit Marketing.
e) Once the Customer’s project has been completed, Barefruit Marketing has the right to share the Customer’s project on Barefruit Marketing’s social media channels, website and/or use on marketing/PR collateral in both digital and print form.
2. Use of Material on the Website
a) You may view the Website and its contents using your web browser and electronically copy and print hard copies of parts of this site solely for your personal, non-commercial use.
b) Any other use, including the reproduction, modification, distribution, transmission, re-publication, display or performance, of the content of this site, is strictly prohibited.
c) You may not modify or copy the layout of the Website and any computer software and code contained in the Website.
d) The material provided on the Website is for personal use only and may not be: re-sold and/or redistributed in any material form; stored in any storage media; and/or re- transmitted in any media without the prior written consent of Barefruit Marketing.
3. Links to Other Websites
a) The Website may contain links to sites on the internet that are owned and operated by third parties and which are not under the control of Barefruit Marketing.
b) Any links are provided as a convenience to you and the existence of a link to other sites does not imply an endorsement by Barefruit Marketing of the linked site.
c) Barefruit Marketing is not responsible for the material contained on those linked sites.
- Intellectual Property-General
a) Barefruit Marketing reserves all intellectual property rights including, but not limited to, copyright in material and/or services provided by it.
b) The copyright in the Website and its content, including, but not limited to, design templates, is owned by Barefruit Marketing, its affiliates or by third parties who have licensed the materials to Barefruit Marketing or its affiliates.
c) All trademarks mentioned on the Website belong to their respective owners.
- Disclaimer
a) Barefruit Marketing gives no warranty, guarantee or representation about the accuracy, reliability or timeliness or otherwise, of the information contained on the Website and/or linked sites on the World Wide Web.
b) To the fullest extent permitted by law, Barefruit Marketing disclaims any and all warranties, express or implied, regarding: the accuracy, reliability, timeliness or otherwise of any information contained or referred to on the Website and/or of any linked sites; and merchantability or fitness for any particular purpose for any service or product contained or referred to on the Website and/or on any linked sites.
c) Barefruit Marketing will not be liable, under any circumstances, for any loss of profits or any damages of any kind recognised by law (even if it has been advised of the possibility of such loss of profits or damages) which are the consequence of you:
(i) acting, or failing to act, on any information contained on or referred to on the Website and/or any of the linked Websites; and
(ii) using or acquiring, or your inability to use or acquire, any service or product contained or referred to on the Website and/or any linked sites.
d) Notwithstanding that Barefruit Marketing has used its best endeavours to ensure that the information contained and accessed through the Website is correct and current at the time of publication, Barefruit Marketing does not accept responsibility for any error, omission or defect in this information and the Website is provided by Barefruit Marketing on an “as is” basis.
e) To the fullest extent permissible by law Barefruit Marketing:
(i) does not make any representation, warranty or endorsement of any kind, express or implied as to the operation of the site or the information, content, materials or products on this site;
(ii) does not warrant that the functions of the Website will be uninterrupted or error-free, that any defects will be corrected to that the server which stores and transmits content to you is free of viruses or other harmful components; and
(iii) does not warrant or make any representation regarding your access to, or the results of your access to, the Barefruit Marketing Website (including any related or linked websites) or any content in terms of correctness, accuracy, timeliness, completeness, reliability or otherwise.
f) Barefruit Marketing will not be liable under any circumstances for any loss of profits, consequential loss or any damages of any kind recognised by law, which is the consequence of you using or accessing or any inability to use or access the Barefruit Marketing Website.
g) Barefruit Marketing will not liable for any delays that may occur during the push live process of your Barefruit Marketing website – due to external parties involved (eg. your existing domain and/or hosting provider) this process can take anywhere up to 72hrs or longer, depending on your provided details.
i) Barefruit Marketing cannot take responsibility for any issues or circumstances resulting from misuse of Barefruit Marketing products, including but not limited to issues caused by external web development not performed by Barefruit Marketing.
- Limitation of liability
Barefruit Marketing’s liability for breach of any warranty or condition in these Terms of Use or for breach of any implied warranty or condition that cannot be excluded by operation of law, is limited at the option of Barefruit Marketing to the following:
a) in the case of services, the supply of the services again or the payment of the cost of having the services supplied again; and
b) in the case of goods, the replacement of goods or the supply of equivalent goods, the repair of goods, the payment of the cost of replacing the goods or acquiring equivalent goods, or the payment of the cost of having the goods repaired.
- Alteration of Terms of Use
Barefruit Marketing reserves the right to change the terms of access, conditions and notices under which the Website is offered with or without notice to you and without giving any explanation or justification for such change.
- Relevant Jurisdiction
a) If any part of these Terms of Use are found to be void, unlawful or unenforceable then that part will be deemed to be severable from the balance of the Terms of Access and the severed part will not affect the validity and enforceability of any remaining provisions.
b) The Terms of Use are to be governed by and construed in accordance with the laws of New South Wales, Australia.
c) Each party irrevocably and unconditionally submits to the non-exclusive jurisdiction of the courts of New South Wales to determine any dispute arising out of these Terms of Use.
- Customer Service
For any Customer Service enquiries, please send an email to hello@barefruit.com.au or mail 1/144 River Street (Riverwalk Arcade), Ballina NSW 2478
Terms of Use last updated: May 2018.