About this website
This website is owned and operated by BX Bunka Australia Pty Ltd (ACN 124 163 793) (“BX”, “we”, “us” or “our”). In these Terms of Use, a reference to BX includes its related bodies corporate where the context permits.
By accessing or using this website, you agree to these Terms of Use. If you do not agree, you must not use this website.
These Terms of Use govern your access to and use of this website. Separate terms and conditions may apply to the supply of any goods or services by BX.
Changes to these Terms
We may change these Terms of Use at any time by publishing an updated version on this website. The updated Terms of Use apply from the time of publication.
Website content and disclaimer
The content on this website is provided for general information only. While BX seeks to ensure that information is current and accurate at the time of publication, BX does not guarantee that the content is complete, accurate, current or suitable for any particular purpose.
Product information, specifications, availability and other content may change without notice. Display of a product or service on this website does not constitute an offer by BX.
You are responsible for assessing the suitability, accuracy and reliability of the information on this website and for obtaining your own professional or technical advice where appropriate.
Nothing on this website is to be interpreted as a recommendation to use any product, process or information in a manner that infringes the rights of any person.
This website is made available on an “as is” and “as available” basis.
Consumer rights
Nothing in these Terms of Use excludes, restricts or modifies any rights or remedies you may have under the Competition and Consumer Act 2010 (Cth) or any other law where this would be unlawful.
Where BX is entitled to do so, BX limits its liability for breach of any non-excludable guarantee to:
(a) in the case of goods, one or more of the following (at BX’s option):
(i) replacement of the goods or supply of equivalent goods;
(ii) repair of the goods;
(iii) payment of the cost of replacing the goods or acquiring equivalent goods; or
(iv) payment of the cost of having the goods repaired; and
(b) in the case of services:
(i) resupply of the services; or
(ii) payment of the cost of having the services resupplied.
Intellectual property
Unless otherwise indicated, all intellectual property rights in this website and its content, including text, graphics, images, logos, branding, layout, software and other materials, are owned by or licensed to BX or its related bodies corporate.
You must not copy, reproduce, modify, distribute, publish, frame, transmit, upload, scrape, data mine or otherwise use any part of this website or its content without BX’s prior written consent, except as permitted by law.
BX grants you a limited, revocable, non-exclusive and non-transferable licence to access and use this website for your personal use and, where applicable, legitimate internal business purposes, subject to these Terms of Use.
Acceptable use
You must use this website only for lawful purposes and in a manner that does not interfere with the operation of the website or the rights of BX or any other person.
You must not:
(a) use this website in any unlawful, misleading, deceptive, fraudulent, defamatory, abusive or offensive way;
(b) interfere with, disrupt or compromise this website or any systems or networks connected with it;
(c) gain or attempt to gain unauthorised access to any part of this website or related systems;
(d) introduce any virus, malware, spyware, ransomware, Trojan horse or other harmful code into this website or use this website to transmit such material;
(e) use any automated means, including bots, scraping tools or data extraction tools, to access or collect content from this website without BX’s prior written consent;
(f) use this website in any way that could damage, disable, overburden or impair the website or BX’s systems; or
(g) use BX’s name, trade marks, branding or reputation without BX’s prior written consent.
Security and malware
BX does not guarantee that this website, its servers or any downloads from it will be free from viruses, malware or other harmful code. You are responsible for using appropriate security protections, including up-to-date antivirus and security software.
BX may suspend, restrict or terminate your access to this website at any time, without notice, if BX reasonably considers that you have breached these Terms of Use or that your use of the website poses a security, legal or operational risk.
Third party links
This website may contain links to third party websites or content for convenience only. BX does not control, endorse or approve any third party website, content, product or service and is not responsible for them.
You access third party websites at your own risk. You should review the applicable terms and privacy policies of those websites.
Linking to this website
You may link to the homepage of this website provided that:
(a) the link is fair and lawful;
(b) the full page is loaded;
(c) the link does not suggest any sponsorship, approval or affiliation by BX that does not exist; and
(d) the link does not use BX’s trade marks or damage BX’s reputation.
BX may withdraw linking permission at any time.
Privacy
BX may collect technical and usage information when you use this website, including IP address, browser type, pages accessed, referring website and access times. BX may also use cookies and similar technologies to improve website functionality, analytics and user experience.
BX handles personal information in accordance with its Privacy Policy and applicable privacy laws. By providing personal information through this website, you consent to BX collecting, using and disclosing that information in accordance with its Privacy Policy and applicable law.
To view BX’s Privacy Policy, please click here.
Information submitted by you
If you submit information or material to BX through this website, you represent that you are authorised to do so and that the information or material is accurate, lawful and does not infringe the rights of any person.
BX does not wish to receive confidential or proprietary information through this website unless BX has expressly agreed otherwise in writing. If you want to keep information confidential, do not send it through this website or by email unless BX has agreed to receive it on that basis.
Subject to BX’s Privacy Policy and applicable law, BX may use any non-confidential, non-personal information or material you submit for any lawful purpose.
Liability
To the maximum extent permitted by law, BX and its related bodies corporate exclude all liability for any loss, damage, cost or expense arising from or in connection with:
(a) your use of, or inability to use, this website;
(b) reliance on any content on this website;
(c) any errors or omissions on this website;
(d) any interruption, delay or unavailability of this website;
(e) any virus, malware or other harmful component transmitted through this website; or
(f) any third party website or content linked to from this website.
This clause does not apply to the extent liability cannot lawfully be excluded or limited.
Indemnity
To the maximum extent permitted by law, you indemnify BX and its related bodies corporate, and their respective officers, employees and agents, against any loss, liability, cost or expense (including reasonable legal costs) arising from your breach of these Terms of Use, your misuse of this website, or your breach of any law or the rights of any person, except to the extent caused by BX’s negligence, wilful misconduct or breach of law.
Website availability
BX may modify, suspend, withdraw or discontinue any part of this website at any time without notice.
Governing law
These Terms of Use are governed by the laws of Queensland, Australia.
You submit to the non-exclusive jurisdiction of the courts of Queensland, Australia, and the courts hearing appeals from those courts, in connection with any dispute arising out of or relating to these Terms of Use or this website.
General
If any provision of these Terms of Use is held to be invalid, illegal or unenforceable, that provision will be severed and the remaining provisions will continue in full force and effect.
If these Terms of Use are translated into a language other than English, the English version prevails to the extent of any inconsistency.