Terms Of Use

Website Terms of Use

These Terms of Use relate to the access and use of the website you are accessing (“Website”) operated by Bondi Sands Pty Ltd (ACN 152 278 683) (referred to in these Terms of Use as “Bondi Sands”, “we”, “our” or “us”).

By accessing and/or using the Website and the products and services available through this Website (“Services”), you agree to the following terms and conditions (“Terms of Use”), as may be updated by Bondi Sands from time to time. Please read these Terms of Use carefully and immediately cease using our Website if you do not agree to them.

1. Variations

Bondi Sands reserves the right to amend these Terms of Use and the Website or any page or content on the Website, from time to time. We may, at any time and at our sole discretion, vary these Terms of Use, the Website, the Services or any page or contact on the Website. We recommend you check our Website regularly to ensure you are aware of our current terms and to take note of any changes we may have made to the Terms of Use. You can view the most current version of the Terms of Use at any time by clicking on the hyperlinks labelled ‘Terms of Use’.

 Materials and information on this Website (“Content”) are subject to change without notice.

Your continued use of the Website will represent an agreement by you to be bound by the terms and conditions as amended.

2. Privacy Policy

Our Privacy Policy, which sets out how we will collect, use and hold of any personal information can be found at https://bondisands.com/pages/privacy-policy. By using the Website, you consent to the processing described in the Privacy Policy and warrant that all personal information and data provided by you is accurate.

3. Prohibited Conduct

You must not:

1. misuse, do or attempt to do anything that is unlawful, or prohibited by any laws applicable to our Website, or which we consider inappropriate, or which might bring us or our Website into disrepute;

2. breach any intellectual property rights connected with our Website or the Content;

3. manipulate, copy, alter, store, tamper with, reproduce, transmit, distribute, disseminate, sell, publish, broadcast or circulate any Content or otherwise use any Content, in whole or in part, without the prior written consent of Bondi Sands;

4. link to the Website if advised by Bondi Sands not to do so;

5. commit or encourage a criminal offense using the Website;

6. do anything that would constitute a breach of an individual’s privacy (including uploading private or personal information without an individual's consent) or any other legal rights;

7. use our Website to defame, harass, threaten, menace or offend any person;

8. infringe upon the rights of any other person’s proprietary rights using any material on or obtained from our Website;

9. tamper with or modify our Website;

10. hack into, corrupt data or cause annoyance to or interfere with any other users of our Website;

11. transmit or distribute a virus, Trojan, worm, logic bomb or any other material which is malicious, technologically harmful, in breach of confidence or privacy, or in any way offensive or obscene via our Website or that may damage or interfere with our Website;

     

12. attempt to affect the performance or functionality of any computer facilities of or accessed through this Website;

13. use our Website to send unsolicited email messages, advertising or promotional material, commonly referred to as “spam”; or

14. facilitate or assist a third party to do any of the above acts.

 

4. Information

Any information or Content provided on the Website may not be comprehensive, is provided in good faith and is for general information purposes only. It does not take into account your specific needs, objectives or circumstances, and it is not advice. Bondi Sands nevertheless reserves the right to update the Content or the Website at any time.

If you intend to act on the basis of any Content on the Website, you should seek advice, or should satisfy yourself as to the suitability of any proposed products provided by Bondi Sands, before you act, or rely on any Content which is made available to you.

5. User Content

You may be permitted to post, upload, publish, submit or transmit relevant information and content (“User Content”) on our Website.  By making available any User Content on or through our Website, you grant to us a worldwide, irrevocable, perpetual, non-exclusive, transferable, royalty-free license to use the User Content, with the right to use, view, copy, adapt, modify, distribute, license, sell, transfer, communicate, publicly display, publicly perform, transmit, stream, broadcast, access, or otherwise exploit such User Content on, through or by means of our Website.

You agree that you are solely responsible for all User Content that you make available on or through our Website. You represent and warrant that: 

1. you are either the sole and exclusive owner of all User Content or you have all rights, licenses, consents and releases that are necessary to grant to us the rights in such User Content (as contemplated by these Terms of Use); and

2. neither the User Content nor the posting, uploading, publication, submission or transmission of the User Content or our use of the User Content on, through or by means of our Website will infringe, misappropriate or violate a third party’s intellectual property rights, or rights of publicity or privacy, or result in the violation of any applicable law or regulation.

We do not endorse or approve, and are not responsible for, any User Content. We may, at any time (at our sole discretion), remove any User Content.

6. Bondi Babes Rewards Loyalty Program

In order to access some or all of the features of our Website, including but not limited to the Bondi Babes Rewards Loyalty Program, you may be required to create an account with password access. It is your responsibility to choose a username and suitably secure password and store your password safely. Bondi Sands is not liable for any loss resulting from any failure by you to secure your password details.

Bondi Sands reserves the right to cancel or reject a username.

Bondi Sands may request to verify you, including via a verification code sent via SMS, and until you have been verified by Bondi Sands to its satisfaction, you agree and acknowledge that Bondi Sands may not create your user account.

Our Bondi Babe Rewards Loyalty Terms and Conditions apply to your use of the B, which sets out how we will collect, use and hold of any personal information can be found at https://bondisands.com/pages/privacy-policy. 

To update your account information, visit your account and log in with your Bondi Sands logon and password.

Our Bondi Babes Rewards Loyalty Program online account features include:

1. Your orders

2. Edit shipping or billing information

3. View order history

4. Ability to edit newsletter subscriptions

 

By creating a Bondi Babe Rewards Loyalty account, you acknowledge that you have read the Bondi Babe Rewards Loyalty Terms and Conditions found at https://bondisands.com/pages/bondi-babe-rewards-terms and agree to the Bondi Babe Rewards Loyalty Terms and Conditions.

 

6. Intellectual Property

All material on the Website (including all trademarks, drawings, designs, illustrations, photographs, sound tracks, written text and logos) is the exclusive property of Bondi Sands. You must not reproduce, by any means or process (except as expressly provided herein), totally or in part, distribute, publish, transmit, create derivative works based on, modify or sell any such material contained on the Website.

The ‘Bondi Sands’ trademark and all other Bondi Sands related marks and logos (including all copyright in them throughout the world), whether or not registered, displayed on the Website, as well as the domain name ‘bondisands.com’ are and will remain the exclusive property of Bondi Sands. Any reproduction, distribution, transmission, modification or use of these trademarks for any purpose without the prior, written consent of Bondi Sands is strictly prohibited.

You may not remove any copyright, trademark or other proprietary notice contained on the Website or any content contained therein. You may make a single copy of web pages published on the Website for your own private, personal and non-commercial use, provided that any copy of such web pages shall retain all copyright and other proprietary notices contained therein. 

7. Linking to Third Party Websites

Our Website may contain links to third party websites, which are not operated or controlled by Bondi Sands (“Linked Websites”). Such links are provided as a convenience to you only and should not be interpreted as, an express or implied endorsement of such third party website or any products or services offered on those Linked Websites. Unless expressly stated otherwise, we are not affiliated with these Linked Websites and accordingly have no control, and are not responsible for their content, privacy practices or other policies. Bondi Sands accepts no liability for the Linked Websites or for any loss or damage that may arise from your use of them and your use of the Linked Website will be subject to the terms of use contained within each such website. You should make your own investigations with respect to the suitability of any Linked Websites.

8. Discontinuance and access to Website

From time to time and without notice, we may, restrict access to some parts of or all of this Website or discontinue, withdraw or terminate access to this Website in whole or in part. We will not be liable if for any reason this Website is unavailable at any time or for any period and we reserve the right to withdraw or amend the Website in whole or in part without notice.

We may also exclude any person from using our Website, at any time and at our sole discretion. 

9. Limitation of Liability

To the maximum extent permitted by law, and subject to any liabilities which cannot be excluded under applicable laws, Bondi Sands will not be liable for any loss, damage or expense, howsoever arising (including by negligence), whether direct or indirect and/or whether present, unascertained, future or contingent (“Liability”) suffered by you or any third party, arising from or in connection with the use of our Website and/or the Content.

To the maximum extent permitted by law, Bondi Sands will not be liable for any special, consequential or incidental damages whatsoever including, without limitation, loss of business or other profits or other intangible losses, arising out of or in relation to use or access of or inability to use or access the Website, the Content and/or the Linked Websites.

If, notwithstanding the other provisions of these Terms of Use, Bondi Sands is found to be liable for any damage or loss which arises out of or is in any way connected with your use of the Website or any Content,  to the maximum extent permitted by law, Bondi Sands’ limits it’s maximum aggregate liability to no more than AUD $1,000.00.

10. Disclaimers and Warranties

Where the law (including without limitation the Competition and Consumer Act 2010 (Cth)) implies a guarantee into these Terms of Use which cannot lawfully be excluded, restricted or modified, Bondi Sands’ liability for breach of such guarantee shall be limited at its option, to any one or more of the following:

1. in the case of goods - the replacement of the goods or the supply of equivalent goods; repairing of the goods; payment of the cost of replacing the goods or acquiring equivalent goods; or payment of the cost of having the goods repaired; and

2. in the case of services – supply of the services again; or the payment of the cost of having the services supplied again.

To the maximum extent permitted by law and subject to any non-excludable consumer guarantees and other non-excludable consumer protection provisions set out in the Australian Consumer Law contained in the Competition and Consumer Act 2010 (Cth), we make no representations or warranties about our Website or the Content, including (without limitation) that:

1. they are free from viruses, worms, Trojan horses or other destructive material; or

2. they are accurate, complete, reliable, up to date and suitable for any particular purpose;

3. access will be uninterrupted, error-free or free from viruses; or

4. our Website will be secure.

The Website may contain technical inaccuracies or other defects. Bondi Sands does not guarantee that any such defect will be corrected. The Website and its Content is provided on an ‘as is’ and ‘as available’ basis.

 You read, use and act on our Website and the Content at your own risk.

11. Indemnity

You indemnify and hold harmless Bondi Sands, its directors, officers, employees, consultants, agents and affiliates from any liability, claims, damages or costs (including, but not limited to, legal fees) arising from or in connection with your use of our Website or any breach of these Terms of Use or any applicable laws by you. It is not necessary for Bondi Sands, its directors, officers, employees, consultants, agents or affiliates to suffer or incur any liability before enforcing a right of indemnity under these Terms of Use.

12. Severance

If any part or a provision of these Terms of Use is held to be void, invalid, illegal or unenforceable, that provision must be read down as narrowly as necessary to allow it to be valid or enforceable. If it is not possible to read down a provision (in whole or in part), that provision (or that part of that provision) is severed from these Terms of Use without affecting the validity or enforceability of the remainder of that provision or the other provisions in these Terms of Use.

13. Jurisdiction

These Terms of Use and your use of our Website are governed by the laws of the State of Victoria, Australia. 

You irrevocably and unconditionally submit to the non-exclusive jurisdiction of the Courts of the State of Victoria, Australia and Courts entitled to hear appeals from those Courts and waive any right to object to proceedings being brought in those Courts.

Our Website may be accessed throughout Australia and overseas.  We make no representation that our Website complies with the laws (including intellectual property laws) of any country outside Australia.  If you access our Website from outside Australia, you do so at your own risk and are responsible for complying with the laws of the jurisdiction where you access our Website.

14.       Contact

If you have any questions, concerns or complaints or if you wish to provide a notice to us, please head to Frequently Asked Questions or Contact Us

 

SMS Terms of Service

By consenting to Bondi Sands' SMS marketing in the checkout and initializing a purchase or subscribing via our subscription tools, you agree to receive recurring text notifications (for your order, including abandoned checkout reminders), text marketing offers, and transactional texts, including requests for reviews from us, even if your mobile number is registered on any state or federal do-not-call list. Message frequency varies. Consent is not a condition of purchase.

If you wish to unsubscribe from receiving text marketing messages and notifications, reply with STOP to any mobile message sent from us or use the unsubscribe link we provided you within any of our messages. We do not charge for the service, but you are responsible for all charges and fees associated with text messaging imposed by your wireless provider. Message and data rates may apply.

For any questions, please text HELP to the number you received the messages from. You can also contact us herefor more information.

We have the right to modify any telephone number or short code we use to operate the service at any time. You will be notified on such occasions. You agree that any messages you send to a telephone number or short code we have changed, including any STOP or HELP requests, may not be received, and we will not be liable for honoring requests made in such messages.

To the extent permitted by applicable law, you agree that we will not be liable for failed, delayed, or misdirected delivery of any information sent through the service, any errors in such information, and/or any action you may or may not take in reliance on the information or Service.

T-Mobile is not liable for delayed or undelivered messages.

Your right to privacy is important to us. You can see our Privacy Policy to determine how we collect and use your personal information.