Terms & Conditions

Welcome to our Bare Seed website! These Terms and Conditions apply to your use of the Bare Seed website. In these Terms and Conditions, “us”, “we” or “our” means Bare Seed (ABN 84 997 414 504) of 51 Moore St, Colac, VIC, Australia 3250 and “you” and “your” refers to you, the client, visitor, website user or person using our website.

Consent

By accessing and/or using our Site, you agree to these terms of use and our Privacy Policy.

Please read these Terms carefully and immediately cease using our Site if you do not agree to them.

Variations

We may, at any time and at our discretion, vary these Terms by publishing the varied terms on our Site. We recommend you check our Site regularly to ensure you are aware of our current terms. Materials and information on this Site (Content) are subject to change without notice. We do not undertake to keep our Site up-to-date and we are not liable if any Content is inaccurate or out-of-date.

Licence to use our Site

We grant you a non-exclusive, royalty-free, revocable, worldwide, non-transferable licence to use our Site in accordance with these Terms.  All other uses are prohibited without our prior written consent.

Prohibited conduct

You must not do or attempt to do anything: that is unlawful; prohibited by any laws applicable to our Site; which we would consider inappropriate; or which might bring us or our Site into disrepute, including (without limitation):

  • (a)    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;
  • (b)    using our Site to defame, harass, threaten, menace or offend any person;
  • (c)     interfering with any user using our Site;
  • (d)    tampering with or modifying our Site, knowingly transmitting viruses or other disabling features, or damaging or interfering with our Site, including (without limitation) using trojan horses, viruses or piracy or programming routines that may damage or interfere with our Site;
  • (e)    using our Site to send unsolicited email messages; or
  • (f)      facilitating or assisting a third party to do any of the above acts.

Delivery of physical goods

bareseed.com.au uses Australia Post, and/or other reputable courier companies to deliver physical goods.

Deliveries are processed promptly upon receipt of full payment. Delivery may take between 2 and 14 days, depending on the delivery company chosen and the destination. Bareseed.com.au is not responsible for goods that are either damaged in transit or not received. Damaged or lost orders should be resolved with Australia Post or the courier company directly. Replacement of damaged or lost items is made at the discretion of bareseed.com.au.

Exclusion of competitors

You are prohibited from using our Site, including the Content, in any way that competes with our business.  If you are in the business of creating similar documents, goods or services for the purpose of providing them for a fee to users, whether they be business users or domestic users, then you are a competitor of bareseed.com.au. bareseed.com.au expressly excludes and does not permit you to use or access its website, to download any documents or information from its website or obtain any such documents or information through a third party. If you breach this term then bareseed.com.au will hold you fully responsible for any loss that it might sustain and further holds you accountable for all profits that you might make from such unpermitted and improper use. bareseed.com.au reserves the right to exclude and not permit any person from using its website or any of the documents and information contained on it.

Information

The Content is not comprehensive and is for general information purposes only.  It does not take into account your specific needs, objectives or circumstances, and it is not advice.  While we use reasonable attempts to ensure the accuracy and completeness of the Content, we make no representation or warranty in relation to it, to the maximum extent permitted by law.

Intellectual Property rights

Unless otherwise indicated, we own or licence all rights, title and interest (including intellectual property rights) in our Site and all of the Content. Your use of our Site and your use of and access to any Content does not grant or transfer to you any rights, title or interest in relation to our Site or the Content. You must not:

  1. copy or use, in whole or in part, any Content;
  2. reproduce, retransmit, distribute, disseminate, sell, publish, broadcast or circulate any Content to any third party; or
  3. breach any intellectual property rights connected with our Site or the Content, including (without limitation) altering or modifying any of the Content, causing any of the Content to be framed or embedded in another website or platform, or creating derivative works from the Content.

Third party sites

Our Site may contain links to websites operated by third parties.  Unless expressly stated otherwise, we do not control, endorse or approve, and are not responsible for, the content on those websites.  You should make your own investigations with respect to the suitability of those websites.

Discontinuance

We may, at any time and without notice to you, discontinue our Site, in whole or in part.  We may also exclude any person from using our Site, at any time and at our sole discretion. We are not responsible for any Liability you may suffer arising from or in connection with any such discontinuance or exclusion.

Warranties and disclaimers

To the maximum extent permitted by law, we make no representations or warranties about our Site or the Content, including (without limitation) that:

  • (a)    they are complete, accurate, reliable, up-to-date and suitable for any particular purpose;
  • (b)    access will be uninterrupted, error-free or free from viruses; or
  • (c)     our Site will be secure.

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

Returns and refund policy

We will replace or give a full refund of the price of any product purchased (excluding postage) if there is a major problem with your product, we are advised in writing, and it is returned to us in line with the following procedures.

Bare Seed handles returns, replacements and processes refunds in accordance with the Australian consumer law legislation.

Should you wish to return your order, please notify us in writing within 10 days of purchase with a valid reason for return.

If we are unable to resolve your complaint or further assist you with a product issue that Bare Seed are liable, we will process a refund upon timely receipt of the goods purchased.

In order to take advantage of your rights under this returns policy, you must initially inform us of your intention and reason for the return. Products returned under this policy must be sent by recorded delivery to: Bare Seed, 51 Moore St, Colac, VIC, Australia 3250.

You will be responsible for paying postage costs associated with returns under this policy.

Unopened goods will be refunded in full. Refunds will be processed promptly and payment made by the same method that you made payment. Refund payments may take up to 14 days to be processed.

Where you return a product in contravention of this policy (and where you do not have any other legal right to return the product): (a) we will not refund or exchange the product; (b) we may retain the returned product until you pay to us such additional amount as we may charge for re-delivery of the returned product; and (c) if we do not receive payment of such additional amount within 14 days of issuing a request for payment, we may destroy or otherwise dispose of the returned product in our sole discretion without any liability to you.

Returns exclude any package or product damaged in transit as stated under our delivery of physical goods terms and conditions.

This returns policy applies to customers irrespective of your geographical location.

Refunds are made at the discretion of Bare Seed.

Limitation of liability

To the maximum extent permitted by law, we are not responsible for any loss, damage or expense, howsoever arising, 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 your use of our Site and/or the Content and/or any inaccessibility of, interruption to or outage of our Site and/or any loss or corruption of data and/or the fact that the Content is incorrect, incomplete or out-of-date.

Indemnity

To the maximum extent permitted by law, you must indemnify us, and hold us harmless, against any Liability suffered or incurred by us arising from or in connection with your use of our Site or any breach of these Terms or any applicable laws by you. This indemnity is a continuing obligation, independent from the other obligations under these Terms, and continues after these Terms end.  It is not necessary for us to suffer or incur any Liability before enforcing a right of indemnity under these Terms.

Termination

These Terms are effective until terminated by us, which we may do at any time and without notice to you.  In the event of termination, all restrictions imposed on you by these Terms and limitations of liability set out in these Terms will survive.

Disputes

In the event of any dispute arising from, or in connection with, these Terms (Dispute), the party claiming there is a Dispute must give written notice to the other party setting out the details of the Dispute and proposing a resolution. Within 7 days after receiving the notice, the parties must, by their senior executives or senior managers (who have the authority to reach a resolution on behalf of the party), meet at least once to attempt to resolve the Dispute or agree on the method of resolving the Dispute by other means, in good faith.  All aspects of every such conference, except the fact of the occurrence of the conference, will be privileged. If the parties do not resolve the Dispute, or (if the Dispute is not resolved) agree on an alternate method to resolve the Dispute, within 21 days after receipt of the notice, the Dispute may be referred by either party (by notice in writing to the other party) to litigation.

Severance

If a provision of these Terms 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 without affecting the validity or enforceability of the remainder of that provision or the other provisions in these Terms.

Jurisdiction

Your use of our Site and these Terms are governed by the laws of Victoria. You irrevocably and unconditionally submit to the exclusive jurisdiction of the courts operating in Victoria and any courts entitled to hear appeals from those courts and waive any right to object to proceedings being brought in those courts.

Our Site may be accessed throughout Australia and overseas.  We make no representation that our Site complies with the laws (including intellectual property laws) of any country outside Australia.  If you access our Site 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 Site.

Copyright notice

This website and its contents are the copyright of bareseed.com.au – © 2017. All rights reserved.

Any redistribution or reproduction of part or all of the contents in any form is prohibited other than the following. You may print or download contents to a local hard disk extracts for your personal and non-commercial use only. You may copy some extracts only to individual third parties for their personal use, but only if you acknowledge the website as the source of the material.

You may not, except with our express written permission, distribute or commercially exploit the content. You may not transmit it or store it in any other website or other form of electronic retrieval system.

For any questions and notices, please contact us at:

Bare Seed (ABN 84 997 414 504) of 51 Moore St, Colac, VIC, Australia 3250

Email: hello@bareseed.com.au