BLU SKY General Terms of Use

These terms govern your access to and use of BLU SKY websites blusky.com.au, shop.blusky.com.au including all information and services available from these websites, offered as part of or in conjunction with these websites or linked to these websites (the “Websites”). By using the Websites, you, the user, agree to these terms and conditions.

If you do not agree to the terms and conditions of this agreement, you should immediately cease all usage of the Websites.

 

Terms and Conditions

 

No Warranties

To the maximum extent permitted by law, the Websites is provided “as is” and without warranty of any kind, either express, implied or statutory, including but not limited to, implied warranties of merchantability, fitness for a particular purpose, or non-infringement. BLU SKY assumes no liability or responsibility for any errors, omissions or other inadequacies in the Websites.

BLU SKY also assumes no responsibility for, and shall not be liable for, any damages to, or viruses that may infect, your computer equipment or other property as a result of your access to, use of, or browsing in the Websites or your downloading of any files, images, text or other materials from the Websites.

The entire risk as to satisfactory quality, performance, accuracy of the Websites is with you, the user. BLU SKY shall have no responsibility for BLU SKY services provided by third-party suppliers.

 

Exclusion of Liability

To the maximum extent permitted by law BLU SKY or any of its affiliates will not be liable for any direct, indirect, special, consequential, punitive, exemplary or other damages of any kind however caused (including negligence), arising out of the use of the Websites, including, without limitation, lost profits, business interruption and loss of programs or other data.

 

Intellectual property

The materials displayed on the Websites, including without limitation all software, HTML code, Java applets, editorial materials, information, photographs, illustrations, artwork and other graphic materials, and documents, names, logos and trade marks, are the property of BLU SKY and are protected by copyright, trade mark and other intellectual property laws.

You may not copy, distribute, transmit, display, perform, reproduce, publish, license, modify, rewrite, create derivative works from, transfer, or sell any material contained on the Websites without the prior express written consent of BLU SKY. Any such content may be displayed and printed solely for your personal, non-commercial use within your organisation only, provided that any copyright notice on such a display or page is not removed.

 

Trademarks

The trademarks, logos, and service marks (collectively the “Trademarks”) displayed on the Websites are trademarks of BLU SKY and its affiliates. Other trademarks appear on the Websites with permission from their respective owners. Nothing contained on the Websites should be construed as granting any license or right to use any Trademark displayed on the Website. Unauthorized use of the Trademarks is strictly prohibited and may constitute trademark infringement.

 

Subscribers

If you are a BLU SKY Customer and have subscribed to one of our subscription service plan, you are also bound to Terms and Conditions from the BLU SKY Customer Agreement.

 

User Submissions

Any communication or material you send to BLU SKY on the Websites or send electronically to any address listed on the Website, will be deemed to be non-confidential and non-proprietary. This includes any data, questions, comments, suggestions, ideas or other information. Such material will become the property of BLU SKY, and BLU SKY or its affiliates, will be entitled to use such material for any purpose without compensation to you.

 

Third party websites

The Websites may contain hyperlinks to other websites operated, controlled or produced by third parties. Such links are provided solely for the user’s convenience. Unless otherwise indicated, BLU SKY does not control, endorse, sponsor or approve any such third party websites or their content nor does Australia Post provide any warranty or take any responsibility whatsoever for any aspect of those websites or their content.

You may establish a link to the Websites, provided that you:

  • do not remove, hide or modify the copyright notice or other notices on the Websites

  • you give BLU SKY by sending an e-mail to support@blusky.com.au, the URL of the website that you seek to establish a link from, a brief description of your website, the reason that you wish to establish a link.

  • you remove the link to the Websites if BLU SKY requests.

BLU SKY reserves the right to revoke your right to use specific links, at any time.

 

Interference and framing

You must not attempt to change, add to, remove, deface, hack or otherwise interfere with the Websites or any material or content displayed on the Websites.

Under no circumstances may you “frame” the Websites or any of its content or copy portions of the Websites to a server, except as part of an Internet service provider’s incidental caching of pages. Each page within the Websites must be displayed in full (including all copy rights, trade marks branding, advertising and promotional materials), without any accompanying frame, border, margin, design, branding, trademark, advertising or promotional materials not originally displayed on the page within the Website.

 

Termination of Privileges

BLU SKY reserves the right to terminate your privilege of using all or any portion of the Websites if you breach any of these Terms and Conditions.

 

Jurisdiction

These Terms and Conditions are governed by and construed in accordance with the State of South Australia, Australia. In the event that a dispute arises from these Terms and Conditions, you agree to submit to the non-exclusive jurisdiction of the courts of South Australia, Australia.

 

Entire Agreement

These Terms and Conditions constitute the entire agreement and understanding between you and BLU SKY Control (“BLU SKY”), a registered business name of Innovative Control Solutions Pty Ltd, with respect to use of the Websites, superseding all prior or contemporaneous communications and/or proposals

BLU SKY reserves the right to modify the information contained in the Websites, including the terms and conditions of this agreement, without notice. By continuing to use the Websites, you are agreeing to all changes made by BLU SKY.


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