Website Terms of USe

1.    INTRODUCTION & DEFINITIONS

Our Website is owned and operated by Blqout. These Website Terms of Use together with our Privacy Policy and any other terms available on our Website, govern your access to and use of our Website, including the purchase of Products and services through the Website (collectively referred to as the "Service").

1.1     Definitions:

"Blqout", "we", "us", "our” means Umoja Enterprises Pty Ltd (ABN 53 677 556 580) trading as Blqout and its subsidiaries, affiliates, and distributors.

"Privacy Policy" means our Privacy Policy which can be accessed at www.blqout.com/privacy-policy.

“Product" means the products sold by Blqout.

"Terms and Conditions" means the Terms and Conditions of Sale which can be accessed at www.blqout.com/terms-and-conditions.

“Website” means www.blqout.com.

 “Website Terms of Use” means these Website Terms of Use.

 "You", "your" means the original end-user consumer who purchased the Product.

2.     ACCEPTANCE ACKNOWLEDGEMENT

(a)               By using this Website or purchasing our Products, you:

(i)                 acknowledge that you have read, understood, and agree to be bound by these Website Terms of Use; and

(ii)                consent to the collection, use and disclosure of your personal information as described in our Privacy Policy.

(b)               If you do not agree to these Website Terms of Use, you must not use the Website or the Service.

3.   AGE OF CONSENT

By using this Website, you represent that you are of legal age and capacity to form a binding contract under the laws of your country.

4.    WEBSITE CONTENT

(a)               While we take care to provide accurate and up-to-date information, we do not guarantee that the content on our Website is free from errors or omissions.

(b)               The Website is intended for general informational purposes. Any reliance you place on the content is at your own risk.

(c)                We may update, correct, or remove content on the Website and/or modify, suspend or discontinue any part of the Service at any time without notice.

(d)               Our Website may be accessed from outside Australia, but we do not guarantee its compliance with laws outside of Australia. International users are responsible for ensuring their use complies with local laws.

(e)               Our store is hosted on Squarespace Inc, which provides the platform that enables us to sell products to you.

 5.    INTELLECTUAL PROPERTY

(a)               All content on the Website, including logos, images, designs, text, and graphics, is our property or licensed to us and protected by law.

(b)               You may not use, reproduce, or distribute any content from the Website without our express written permission.

(c)                When you transmit, upload, post, e-mail or otherwise make available data, text, software, music, sound, photographs, graphics, images, videos, messages or other materials ("User Content") on the Website, you are entirely responsible for such User Content.

(d)               By submitting User Content, you grant us a non-exclusive, royalty-free, perpetual, irrevocable, worldwide license to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, and display such User Content in any media.

5.   PROHIBITED USE

(a)               You agree not to use the Website or Services:

(i)                 for unlawful, fraudulent, or abusive purposes;

(ii)                to infringe upon the rights of others, including intellectual property;

(iii)               to upload or transmit malicious code or software;

(iv)               to interfere with or disrupt the Website or any related services;

(v)                to impersonate others or submit false information;

(vi)               in violation of any applicable laws;

(vii)              to collect or track the personal information of others;

(viii)             for any obscene or immoral purpose; or

(ix)               to interfere with or circumvent the security features of the Service.

(b)               We reserve the right to restrict or terminate your access if we believe you have violated these Website Terms of Use.

7.  THIRD-PARTY LINKS AND TOOLS

(a)               The Website may contain links to third-party websites and tools over which we neither monitor nor have any control nor input.

(b)               We do not endorse or assume responsibility for third-party content, products, or services.

(c)                You acknowledge and agree that your use of any third-party tools or websites is entirely at your own risk and discretion.

8.  DISCLAIMER OF WARRANTIES ADN LIMITATION OF LIABILITY

(a)               We do not guarantee, represent or warrant that your use of our Service will be uninterrupted, timely, secure or error-free.

(b)               You expressly agree that your use of, or inability to use, the Service is at your sole risk. The Service and all Products and services delivered to you through the Service are (except as expressly stated by us) provided 'as is' and 'as available' for your use, without any representation, warranties or conditions of any kind.

(c)                To the maximum extent permitted by law, we exclude all liability for any loss, damage, or injury arising from:

(i)                 use of or inability to use the Website or Service;

(ii)                errors or inaccuracies in the content;

(iii)               third-party actions or content; and

(iv)               any errors or omissions in any content or any loss or damage of any kind incurred as a result of your use of the Service or any content posted, transmitted, or otherwise made available via the Service.

(d)               In no case shall Blqout, our directors, officers, employees, affiliates, agents, contractors, interns, suppliers, service providers or licensors be liable for any injury, loss, claim, or any direct, indirect, incidental, punitive, special, or consequential damages of any kind.

9.  INDEMNIFICATION

You agree to indemnify, defend and hold harmless Blqout and our related entities, affiliates, partners, officers, directors, agents, contractors, licensors, service providers, subcontractors, suppliers, interns and employees, harmless from any claim or demand, including legal fees (on a solicitor-client basis), made by any third-party due to or arising out of your breach of these Website Terms of Use or your violation of any law or the rights of a third-party.

10.  TERMINATION

(a)  These Website Terms of Use are effective unless and until terminated by either you or us. You may terminate these Website Terms of Use at any time by notifying us that you no longer wish to use our Services.

(b)   If in our sole judgment you fail, or we suspect that you have failed, to comply with any term or provision of these Website Terms of Use, we may terminate this agreement at any time without notice.

The obligations and liabilities of the parties incurred prior to the termination date shall survive the termination of this agreement for all purposes.

11.   GENERAL PROVISIONS

(a)  Governing Law & Jurisdiction:  These Website Terms of Use and any dispute or claim arising out of or in connection with them shall be governed by and construed in accordance with the laws of Victoria, Australia, without regard to any conflict of law principles. 

(b)   Exclusive Jurisdiction: For any dispute arising from these Website Terms of Use, you irrevocably submit to the exclusive jurisdiction of the courts of Victoria, Australia, and waive any objection to proceedings in such courts on the grounds of venue or on the grounds that proceedings have been brought in an inconvenient forum.

(c)  Severability: If any court of competent jurisdiction rules that any provision of these Website Terms of Use is invalid, then that provision will be read down or removed from these Website Terms of Use without affecting the rest of the Website Terms of Use. The remaining provisions of the Website Terms of Use will continue to be valid and enforceable.

(d)  Force Majeure: Blqout shall not be liable for any failure or delay in performance of the Website or the provision of the Services due to causes beyond its reasonable control, including but not limited to acts of God, war, terrorism, embargoes, strikes, import/export restrictions, epidemics, pandemics or other governmental actions.

(e)  Language: The official language of our Website is English. Any translations are provided for convenience only, and in case of discrepancy, the English version shall prevail.

(f)  Entire Agreement: The Website Terms of Use, Terms and Conditions and Privacy Policy constitute the entire agreement between you and Blqout and supersede any prior agreements, representations, or understandings between you and Blqout.

(g)  No Waiver: You agree that if Blqout does not exercise or enforce any legal right or remedy which is contained in these Website Terms of Use (or which Blqout has the benefit of under any applicable law), this will not be taken to be a formal waiver of Blqout’s rights and that those rights or remedies will still be available to Blqout.

(h)   Changes to the Website Terms of Use: Blqout may make changes to these Website Terms of Use from time to time. The current version will be posted on our website at www.blqout.com/website-terms-of-use and we may also notify you via email where reasonable. Changes will not apply retrospectively to the use of our Website but will apply to any Service after the Website Terms of Use has been amended.  Your continued use of the Website following changes to the Website Terms of Use constitutes your acceptance of those changes.