BOSE Terms Of Use
This website (Site) is owned by Bose Pty Limited (referred to in these Terms of Use as Bose®, we, our or us). Your use of this Site is governed by these Terms of Use. By accessing and browsing this Site, you agree to be bound by these Terms of Use.
Consumer Rights Statement
As a consumer, you have certain rights under consumer protection legislation, including the Australian Consumer Law (Consumer Rights). Your Consumer Rights include statutory guarantees that any products supplied to you will be of acceptable quality, match their description and be fit for any purpose made known to the supplier, and that any services supplied will be carried out with reasonable care and skill. When a statutory guarantee is breached, consumers are entitled to a range of remedies including, in some cases, damages for reasonably foreseeable losses. Manufacturers of goods also have an obligation to compensate consumers for loss or damage if the consumer is injured or consumer goods are damaged due to a safety defect in goods supplied. For more information on your Consumer Rights, you can visit the Australian Competition and Consumer Commission's website at www.accc.gov.au. Nothing in these Terms of Use is intended to exclude, restrict or modify any of your Consumer Rights.
1. Definitions and Interpretation
In these Terms of Use, unless the context otherwise requires:
Australian Consumer Law means Schedule 2 to the Competition and Consumer Act 2010 (Cth), as implemented under Commonwealth, State and Territory laws.
Fees means the fees payable for Products or Services as displayed on this Site from time to time.
Intellectual Property includes the design of, and all content appearing on this Site, trade marks (including logos), domain names, copyright, rights in computer software, databases and lists, confidential information, know-how and trade secrets and manuals, whether registered or unregistered.
Organisation means an organisation on behalf of whom access, or use, of this Site is made.
Products means the products you may obtain through this Site from time to time.
Services means the services you may obtain through this Site from time to time.
you means:
- any person who accesses and uses this Site; and
- where an individual accesses or uses this Site for or on behalf of an Organisation, the Organisation on whose behalf such access or use is made.
References to your have a corresponding meaning.
Where the context permits, references to a person include an individual, firm, company, corporation or unincorporated body of persons, any public, federal, state, territorial or regional authority, any government, and any agency of any government or of any such authority.
2. Intellectual Property and Content
All Intellectual Property on this Site, including without limitation, the text, graphics and copyright works, is owned by Bose or one of its related or associated companies (or Bose's relevant content supplier). Except with the express prior written permission of Bose, no part of this Site may be:
- distributed or copied for any commercial purpose, nor incorporated in any other work or publication (whether in hard copy, electronic or any other form); or
- resold, published, copied, reproduced, transmitted or stored (including in any other website or other electronic form) except that you may print, or download to your hard drive, extracts from the Site only for informational and non-commercial purposes.
Any reproduction must include a prominent acknowledgement of the rights of Bose (and its relevant content providers) in the reproduced content. Bose makes all reasonable efforts to include accurate and up-to-date information in the Site, but Bose has no liability or responsibility for any errors or omissions in the content of the Site except to the extent that you suffer damage, loss or expense as a result of a breach by Bose of your Consumer Rights or as a result of our negligence or wilful misconduct.
3. Authority
If you are accessing or using this Site for or on behalf of an Organisation, you warrant that you have the appropriate authority and power to do so on behalf of the Organisation and are authorised to accept these Terms of Use on behalf of the Organisation.
4. Purchase of Products and Services
If you wish to purchase any Products or Services directly through this Site or via telephone or email, or make any other payments to Bose through this Site, you will be required to agree to, and comply with, the Bose terms and conditions of sale relating to such Products or Services (the Terms of Sale).
5. Your Responsibilities
You agree to use this Site only for the purpose for which it is being provided. You agree not to use this Site for any improper, injurious, offensive or unlawful purposes. You agree not to damage or disrupt this Site.
You are responsible for any actions you take based on Products, Services or information obtained through this Site, and all outcomes resulting from your use of those Products, Services or information, except to the extent that you suffer damage, loss or expense as a result of a breach by Bose of your Consumer Rights or as a result of our negligence or wilful misconduct.
You are also responsible for providing all technology, hardware, software and telecommunication facilities in order to access and use this Site.
You agree that you will at all times comply fully with all relevant laws, ordinances, rules, regulations and orders of all relevant regulatory bodies in relation to any of the Products, Services or information made available to you through this Site.
6. Bose's Rights and Responsibilities
Bose reserves the right to alter, suspend or terminate this Site temporarily or permanently at any time. Bose will use its reasonable endeavours to ensure that the Site is faultless, immediate, continuous and virus-free at all times and will also endeavour to ensure the Site is available at all times other than during periods of maintenance. However, except for those warranties, representations or guarantees contained or referred to in the Australian Consumer Law, or that may not otherwise be legally excluded, Bose does not warrant that the Site and/or your use of the Site will be faultless, immediate, continuous and virus-free, or that information provided by Bose through the Site will be complete, accurate or up-to-date.
Internet transmissions are never entirely secure or private and any information you provide through this Site may be read or intercepted by others. Bose will not have any liability for the interception, 'hacking' or other unauthorised access of information through this Site.
7. Disclaimer
The information provided on this Site is for general guidance only. Subject to clause 8, users of the information contained on this Site must make their own assessment of the suitability and appropriateness of the Products, Services and the information contained on this Site for their particular use.
8. Bose's Liability
Except for those warranties, representations or guarantees contained or referred to in the Australian Consumer Law, or that may not otherwise be legally excluded, Bose excludes all warranties, representations and guarantees (whether express, implied or statutory) including but not limited to any warranty, representation or guarantee of acceptable quality, merchantability, fitness for a particular purpose or non-infringement of Intellectual Property.
If any Products or Services supplied by Bose to you are not of a kind ordinarily acquired for personal, domestic or household use or consumption, and to the extent that it is otherwise allowed by law to do so, Bose limits its liability to you for breach of any non-excludable statutory or implied condition, representation, warranty or guarantee to:
- if the breach relates to Products:
- the replacement or repair of the Products, or the supply of equivalent products; or
- the payment of the costs of replacing or repairing the Products, or acquiring equivalent products; and
- if the breach relates to Services, the supply of the Services again, or the payment of the cost of having the Services supplied again.
Bose will not be liable for any loss, damage, cost or expense of any kind, whether direct, indirect, incidental, consequential, punitive or otherwise, suffered or incurred by you in connection with:
- your access to, or use of this Site or the content on or accessed through it; or
- any Products or Services obtained from this Site,
except to the extent that such damage, loss, cost or expense arises as a result of a breach by Bose of your Consumer Rights or as a result of our negligence or wilful misconduct, or we cannot otherwise legally exclude our liability to you for such amounts.
The exclusions and limits set out in these Terms of Use will also operate for the benefit of Bose's relevant suppliers, licensors and agents of Bose which Bose uses to provide this Site.
9. Your Liability
You agree to reimburse to Bose any costs (including all reasonable enforcement and any legal costs) incurred by Bose as a result of:
- any inaccurate or incomplete information provided by you to Bose; or
- any breach by you of any of your obligations under these Terms of Use (including any acts or omissions of your employer, contractors or agents),
except to the extent such costs are attributable to Bose's own negligence or wilful misconduct.
10. Confidentiality and Statements
Subject to the Privacy Policy, any communication or material transmitted to the Site by electronic mail or otherwise will be treated as non-confidential and non-proprietary. Anything you transmit, including ideas, suggestions, information or other material becomes the property of Bose and may be used reproduced, published, modified, adapted and transmitted without restriction.
11. Third Party Websites
This Site contains links to third party websites. Those websites have not been prepared by and are not controlled by us. They are provided for your convenience only, and do not imply that we check, endorse, approve or agree with content on any third party website that this Site links to. You access such third party websites at your own risk. You should carefully review the terms of use of all third party websites that you visit.
12. Hyper linking
You may not link your website to this Site without our prior written consent. If you wish to link to any part of this Site, please email your request to marketing@bose.com.au. Bose reserves the right to prohibit links to this Site and you agree to immediately remove or cease any link upon written request from Bose. You may not frame any part of the material on this Site by including advertising or other revenue generating material.
13. Governing Law
This Site and its Terms of Use are governed by the laws of New South Wales, Australia and all matters or disputes connected with this Site or the Terms of Use will be dealt with by the courts of that State.
14. Amendments
Bose may amend these Terms of Use from time to time. Bose will upload any updated versions of these Terms of Use on this Site. Bose will notify you of changes to these Terms of Use and such changes will take effect within 21 days of such notice unless you indicate your refusal to accept such changes to us within that period.
15. Privacy Policy
The Privacy Policy available on the home page of this Site governs the collection, use and disclosure of your personal information by Bose. The Privacy Policy forms part of these Terms of Use.
Where you provide personal information to obtain any Product, Service or information through this Site, that personal information must be correct, complete and up-to-date when you provide it. You agree to advise Bose as soon as possible if the personal information provided changes, or you become aware of any inaccuracy in the personal information you have provided. If you are providing personal information relating to any person other than yourself, you warrant that you are authorised to provide that information.
