Consumer Rights Statement
1. Definitions and Interpretation
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.
- 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.
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.
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.
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
except to the extent such costs are attributable to Bose's own negligence or wilful misconduct.
10. Confidentiality and Statements
11. Third Party Websites
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 firstname.lastname@example.org. 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
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.