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Terms and Conditions of Use

Terms and Conditions of Use
Welcome to the website of askbella Pty Ltd (ACN 644 793 902) trading as askbella ("we", "us" or "askbella". Askbella is an online personal beauty comparison site, in which customers are directed to products that that may be suitable for their unique skin type.Welcome to the website of askbella Pty Ltd (ACN 644 793 902) trading as askbella ("we", "us" or "askbella". Askbella is an online personal beauty comparison site, in which customers are directed to products that that may be suitable for their unique skin type.Our website is located at http://www.askbella.com.au and includes all of the files located in that domain (the (" Site").Our website is located at http://www.askbella.com.au and includes all of the files located in that domain (the (" Site").
  1. AGREEMENT TO THESE WEBSITE TERMS AND CONDITIONS OF USE
    1. By accessing this Site, using the online eCommerce services and/or the Artificial Intelligence technology that provides beauty product recommendations (know as “Skinalyser™”) services offered through the Site, including but not limited to:
      • using the Site's features and functionalities;
      • participating in marketing (including the publication and dissemination of product information within the Site);
      • accessing the Site and its user interfaces; and
      • communicating with other third parties (e.g. users and retailers within the Site);
      • purchasing the products supplied by third-party retailers on our Site (the “Products”); and
      • using its content, software and technologies associated with our service
      • (collectively, the “Services”), you agree to be bound by these terms and conditions of use (“Terms”).
      • using the Site's features and functionalities;
      • participating in marketing (including the publication and dissemination of product information within the Site);
      • accessing the Site and its user interfaces; and
      • communicating with other third parties (e.g. users and retailers within the Site);
      • purchasing the products supplied by third-party retailers on our Site (the “Products”); and
      • using its content, software and technologies associated with our service
      • (collectively, the “Services”), you agree to be bound by these terms and conditions of use (“Terms”).
    2. These Terms constitute a binding legal agreement between you (and your agents and nominees) and askbella (and its agents and nominees) and sets forth your rights and obligations with respect to the use of the Site. The Terms govern your use of this Site and your continued use of the Site constitutes your acceptance and acknowledgment of these Terms.
    3. Please read these Terms carefully before accessing or using the Site. If you do not agree to these Terms, please do not access the Site.
    4. Privacy PolicyPrivacy Policy
    5. As part of these Terms, your use of this Site is also subject to our Privacy Policy (located at http://www.askbella.com.au/privacy-policy), which are incorporated by reference into these Terms.
    6. Legal capacity to transactLegal capacity to transact
    7. By using this Site you represent and warrant to askbella that you are over the age of 18 years. Should askbella suffer any damage or other losses as a result of a transaction entered into by a minor, we reserve the right to seek compensation for such losses from his/her parents or guardians.
    8. We may, in our sole discretion, refuse to offer our Services to any person or entity and we may change our eligibility criteria at any time. The Services we offer are for your use only and are not intended for the use or benefit of any third party, and cannot be transferred to any third party without our express written consent (and any associated fees and expenses in granting that consent).
    1. By accessing this Site, using the online eCommerce services and/or the Artificial Intelligence technology that provides beauty product recommendations (know as “Skinalyser™”) services offered through the Site, including but not limited to:
      • using the Site's features and functionalities;
      • participating in marketing (including the publication and dissemination of product information within the Site);
      • accessing the Site and its user interfaces; and
      • communicating with other third parties (e.g. users and retailers within the Site);
      • purchasing the products supplied by third-party retailers on our Site (the “Products”); and
      • using its content, software and technologies associated with our service
      • (collectively, the “Services”), you agree to be bound by these terms and conditions of use (“Terms”).
      • using the Site's features and functionalities;
      • participating in marketing (including the publication and dissemination of product information within the Site);
      • accessing the Site and its user interfaces; and
      • communicating with other third parties (e.g. users and retailers within the Site);
      • purchasing the products supplied by third-party retailers on our Site (the “Products”); and
      • using its content, software and technologies associated with our service
      • (collectively, the “Services”), you agree to be bound by these terms and conditions of use (“Terms”).
    2. These Terms constitute a binding legal agreement between you (and your agents and nominees) and askbella (and its agents and nominees) and sets forth your rights and obligations with respect to the use of the Site. The Terms govern your use of this Site and your continued use of the Site constitutes your acceptance and acknowledgment of these Terms.
    3. Please read these Terms carefully before accessing or using the Site. If you do not agree to these Terms, please do not access the Site.
    4. Privacy PolicyPrivacy Policy
    5. As part of these Terms, your use of this Site is also subject to our Privacy Policy (located at http://www.askbella.com.au/privacy-policy), which are incorporated by reference into these Terms.
    6. Legal capacity to transactLegal capacity to transact
    7. By using this Site you represent and warrant to askbella that you are over the age of 18 years. Should askbella suffer any damage or other losses as a result of a transaction entered into by a minor, we reserve the right to seek compensation for such losses from his/her parents or guardians.
    8. We may, in our sole discretion, refuse to offer our Services to any person or entity and we may change our eligibility criteria at any time. The Services we offer are for your use only and are not intended for the use or benefit of any third party, and cannot be transferred to any third party without our express written consent (and any associated fees and expenses in granting that consent).
  2. RESTRICTIONS ON USE
    1. Prohibited Conduct & Other RulesProhibited Conduct & Other Rules
    2. Your use of this Site is subject to the rules set out in Schedule 1 below.
    3. Without limiting any other provisions of this clause, if you submit User Content (defined below) that we believe constitutes Prohibited Conduct or breaches the Other Rules as set out in these Terms, then we may take any legally available action that we deem appropriate, in our sole discretion. However, we are not obligated to take any action not required by law. We may however, take any action we deem appropriate at our discretion to limit your access to the Site or the Services until the Prohibited Conduct has been rectified or you have complied with the Other Rules to our satisfaction. Failure by you to rectify any Prohibited Conduct or adhere to the Other Rules may result in any of your User Content being removed from the Site.
    4. Violations of these Website Terms and Conditions of UseViolations of these Website Terms and Conditions of Use
    5. Without limiting any other remedies available to askbella at law or in equity, askbella reserves the right to, without notice:
      • temporarily or indefinitely suspend, or terminate, your access to this Site or refuse to provide products or services to you if:
        • you breach any provision of these Terms;
        • askbella is unable to verify or authenticate any information that you provide to us; or
        • askbella believes that your actions may cause damage and/or legal liability to askbella, any of its customers or suppliers or any other person; and
        • you breach any provision of these Terms;
        • askbella is unable to verify or authenticate any information that you provide to us; or
        • askbella believes that your actions may cause damage and/or legal liability to askbella, any of its customers or suppliers or any other person; and
      • remove or block access to any information and/or materials (in whole or in part) that askbella, at its sole and absolute discretion, regards in any way to be objectionable or in violation of any applicable law, any person's intellectual property rights or these Terms.
      • temporarily or indefinitely suspend, or terminate, your access to this Site or refuse to provide products or services to you if:
        • you breach any provision of these Terms;
        • askbella is unable to verify or authenticate any information that you provide to us; or
        • askbella believes that your actions may cause damage and/or legal liability to askbella, any of its customers or suppliers or any other person; and
        • you breach any provision of these Terms;
        • askbella is unable to verify or authenticate any information that you provide to us; or
        • askbella believes that your actions may cause damage and/or legal liability to askbella, any of its customers or suppliers or any other person; and
      • remove or block access to any information and/or materials (in whole or in part) that askbella, at its sole and absolute discretion, regards in any way to be objectionable or in violation of any applicable law, any person's intellectual property rights or these Terms.
    6. IndemnityIndemnity
    7. You indemnify and hold harmless askbella and its officers, employees, agents, consultants, licensors, partners and affiliates from and against any losses, liabilities, costs, expenses or damages (including actual, special, indirect and consequential losses or damages of every kind and nature, including all legal fees on a solicitor-client basis) suffered or incurred by any of them due to, arising out of, or in any way related to (directly or indirectly):
      • any material or information that you submit, post, transmit or otherwise make available through this Site;
      • your use of, or connection to, this Site; or
      • your negligence or misconduct, breach of these Terms or violation of any law or the rights of any person.
      • This indemnification obligation will survive termination of the Terms and any misuse of the Site.
      • any material or information that you submit, post, transmit or otherwise make available through this Site;
      • your use of, or connection to, this Site; or
      • your negligence or misconduct, breach of these Terms or violation of any law or the rights of any person.
      • This indemnification obligation will survive termination of the Terms and any misuse of the Site.
      Prohibited Conduct & Other RulesProhibited Conduct & Other Rules
    1. Your use of this Site is subject to the rules set out in Schedule 1 below.
    2. Without limiting any other provisions of this clause, if you submit User Content (defined below) that we believe constitutes Prohibited Conduct or breaches the Other Rules as set out in these Terms, then we may take any legally available action that we deem appropriate, in our sole discretion. However, we are not obligated to take any action not required by law. We may however, take any action we deem appropriate at our discretion to limit your access to the Site or the Services until the Prohibited Conduct has been rectified or you have complied with the Other Rules to our satisfaction. Failure by you to rectify any Prohibited Conduct or adhere to the Other Rules may result in any of your User Content being removed from the Site.
    3. Violations of these Website Terms and Conditions of UseViolations of these Website Terms and Conditions of Use
    4. Without limiting any other remedies available to askbella at law or in equity, askbella reserves the right to, without notice:
      • temporarily or indefinitely suspend, or terminate, your access to this Site or refuse to provide products or services to you if:
        • you breach any provision of these Terms;
        • askbella is unable to verify or authenticate any information that you provide to us; or
        • askbella believes that your actions may cause damage and/or legal liability to askbella, any of its customers or suppliers or any other person; and
        • you breach any provision of these Terms;
        • askbella is unable to verify or authenticate any information that you provide to us; or
        • askbella believes that your actions may cause damage and/or legal liability to askbella, any of its customers or suppliers or any other person; and
      • remove or block access to any information and/or materials (in whole or in part) that askbella, at its sole and absolute discretion, regards in any way to be objectionable or in violation of any applicable law, any person's intellectual property rights or these Terms.
      • temporarily or indefinitely suspend, or terminate, your access to this Site or refuse to provide products or services to you if:
        • you breach any provision of these Terms;
        • askbella is unable to verify or authenticate any information that you provide to us; or
        • askbella believes that your actions may cause damage and/or legal liability to askbella, any of its customers or suppliers or any other person; and
        • you breach any provision of these Terms;
        • askbella is unable to verify or authenticate any information that you provide to us; or
        • askbella believes that your actions may cause damage and/or legal liability to askbella, any of its customers or suppliers or any other person; and
      • remove or block access to any information and/or materials (in whole or in part) that askbella, at its sole and absolute discretion, regards in any way to be objectionable or in violation of any applicable law, any person's intellectual property rights or these Terms.
    5. IndemnityIndemnity
    6. You indemnify and hold harmless askbella and its officers, employees, agents, consultants, licensors, partners and affiliates from and against any losses, liabilities, costs, expenses or damages (including actual, special, indirect and consequential losses or damages of every kind and nature, including all legal fees on a solicitor-client basis) suffered or incurred by any of them due to, arising out of, or in any way related to (directly or indirectly):
      • any material or information that you submit, post, transmit or otherwise make available through this Site;
      • your use of, or connection to, this Site; or
      • your negligence or misconduct, breach of these Terms or violation of any law or the rights of any person.
      • This indemnification obligation will survive termination of the Terms and any misuse of the Site.
      • any material or information that you submit, post, transmit or otherwise make available through this Site;
      • your use of, or connection to, this Site; or
      • your negligence or misconduct, breach of these Terms or violation of any law or the rights of any person.
      • This indemnification obligation will survive termination of the Terms and any misuse of the Site.
  3. ADVISORY SERVICE
    1. Askbella provides an information service to obtain a comparison between certain beauty products and resellers. The products and resellers compared are not representative of all the beauty products and resellers available in the market.
    2. In order to provide you with comparison products, we may need to collect some personal information about you, namely your age, skin type and gender. By entering your information into the Skinalyser™, you are consenting to us retaining your personal information.
    3. By using our Site and the Services, you acknowledge and agree that askbella is solely a comparison Site for beauty products. We are not a product manufacturer nor are we a wholesaler or reseller. The advice and information contained and provided through this Site is general in nature and intended for informational purposes only and as such, does not constitute or replace professional medical advice suited to individual or specific conditions.
    4. Comparisons and information provided about products have not been evaluated by the Australian Therapeutic Goods Administration or any other regulator, as such the information and products recommended are not intended to diagnose, treat or cure any medical condition.
    5. It is essential that you carry out your own due diligence and consult with your healthcare professional regarding the use of any products or information received through the Site before using them. The personalised page provided in the Skinalyser™ via our Site and any of our communications with you, whether via the Skinalyser™, the Site or through emails or other direct forms of communication, does not constitute any advice nor does it create a medical professional-patient relationship in any respect. You agree that askbella may not be held liable for the suitability or success of any beauty products suggested on the Site. You agree that you must evaluate, and bear all risks associated with the use of the Site and any content published or disseminated within the Site, including and reliance on the accuracy, completeness, or usefulness of such content.
    1. Askbella provides an information service to obtain a comparison between certain beauty products and resellers. The products and resellers compared are not representative of all the beauty products and resellers available in the market.
    2. In order to provide you with comparison products, we may need to collect some personal information about you, namely your age, skin type and gender. By entering your information into the Skinalyser™, you are consenting to us retaining your personal information.
    3. By using our Site and the Services, you acknowledge and agree that askbella is solely a comparison Site for beauty products. We are not a product manufacturer nor are we a wholesaler or reseller. The advice and information contained and provided through this Site is general in nature and intended for informational purposes only and as such, does not constitute or replace professional medical advice suited to individual or specific conditions.
    4. Comparisons and information provided about products have not been evaluated by the Australian Therapeutic Goods Administration or any other regulator, as such the information and products recommended are not intended to diagnose, treat or cure any medical condition.
    5. It is essential that you carry out your own due diligence and consult with your healthcare professional regarding the use of any products or information received through the Site before using them. The personalised page provided in the Skinalyser™ via our Site and any of our communications with you, whether via the Skinalyser™, the Site or through emails or other direct forms of communication, does not constitute any advice nor does it create a medical professional-patient relationship in any respect. You agree that askbella may not be held liable for the suitability or success of any beauty products suggested on the Site. You agree that you must evaluate, and bear all risks associated with the use of the Site and any content published or disseminated within the Site, including and reliance on the accuracy, completeness, or usefulness of such content.
  4. PRICES AND AVAILABILITY
    1. Askbella maintains links to affiliate websites and we endeavour to ensure that all prices and information shown on our Site are accurate and current, however, sometimes errors may occur, and it is suggested that you do your own due diligence on the accuracy and currency of the information on which we have relied.
    1. Askbella maintains links to affiliate websites and we endeavour to ensure that all prices and information shown on our Site are accurate and current, however, sometimes errors may occur, and it is suggested that you do your own due diligence on the accuracy and currency of the information on which we have relied.
  5. INTELLECTUAL PROPERTY
    1. CopyrightCopyright
    2. In these Terms, the term "Proprietary Content" means:
      • this Site;
      • all of its content (including all of the text, graphics, designs, software, data, sound and video files and other information contained in this Site, and the selection and arrangement thereof); and
      • all software, systems and other information owned or used by askbella in connection with the Products offered through this Site (whether hosted on the same server as this Site or otherwise).
      • this Site;
      • all of its content (including all of the text, graphics, designs, software, data, sound and video files and other information contained in this Site, and the selection and arrangement thereof); and
      • all software, systems and other information owned or used by askbella in connection with the Products offered through this Site (whether hosted on the same server as this Site or otherwise).
    3. All Proprietary Content is the property of askbella or its licensors (as applicable) and is protected by Australian and international copyright laws. You must not reproduce, transmit, republish or prepare derivative works from any of the Proprietary Content, except as expressly authorised by these Terms or with the prior written consent of askbella or the other copyright owner (as applicable).
    4. You may download and print out content from this Site only for your own personal and non-commercial use and provided that you do not remove or modify any copyright, trademark or other proprietary notices. The foregoing does not give you any ownership of, or any other intellectual property interest in, any content retrieved from the Site and may be immediately suspended or terminated for any reason, in our sole discretion, and without advance notice or liability.
    5. TrademarksTrademarks
    6. The look and feel of this Site (including all button icons, scripts, custom graphics and headers) are the trademarks, service marks and/or trade dress of askbella. These trademarks, service marks and trade dress may not be used, copied or imitated, in whole or in part, without the prior written consent of askbella.
    7. User ContentUser Content
    8. In these Terms, the term "User Content" means any and all content that is submitted, posted or otherwise added to this Site by any user, such as comments, forum posts, chat room messages, reviews, ratings and feedback.
    9. This Site contains some features that enable you and other users to upload User Content. askbella reserves the right to display, refuse to display, remove and/or amend all or any part of any User Content at its absolute discretion. In respect of any User Content that you upload, you:
      • represent and warranty to askbella that your sharing of that User Content does not infringe any copyright or other legal right of any other person;
      • grant to askbella a worldwide, non-exclusive, royalty-free, perpetual, irrevocable, sub-licensable and transferable license to use, reproduce, distribute, modify, adapt, prepare derivative works of, publicly display, publicly perform and otherwise exploit all or any part of that User Content in any way at askbella's absolute discretion;
      • agree and warrant that your User Content is truthful and not misleading, not deceptive or materially inaccurate in any way, including in relation to the availability, nature, terms or conditions or any other matter relating to the Products being offered; and
      • acknowledge that we cannot and do not assume any liability for User Content, including but not limited to, incompleteness, inaccuracies or infringing materials and, as between you and askbella, you hereby assume all risk of harm or injury resulting from any use or reliance on any information published or disseminated within the Site including User Content.
      • represent and warranty to askbella that your sharing of that User Content does not infringe any copyright or other legal right of any other person;
      • grant to askbella a worldwide, non-exclusive, royalty-free, perpetual, irrevocable, sub-licensable and transferable license to use, reproduce, distribute, modify, adapt, prepare derivative works of, publicly display, publicly perform and otherwise exploit all or any part of that User Content in any way at askbella's absolute discretion;
      • agree and warrant that your User Content is truthful and not misleading, not deceptive or materially inaccurate in any way, including in relation to the availability, nature, terms or conditions or any other matter relating to the Products being offered; and
      • acknowledge that we cannot and do not assume any liability for User Content, including but not limited to, incompleteness, inaccuracies or infringing materials and, as between you and askbella, you hereby assume all risk of harm or injury resulting from any use or reliance on any information published or disseminated within the Site including User Content.
    10. Copyright claimsCopyright claims
    11. If you believe that our Site contains any material that infringes upon any copyright that you hold or control, or that users are directed through a link on this Site to a third party website that you believe is infringing upon any copyright that you hold or control, you may send a notification of such alleged infringement to us in writing.
    12. Such notification should identify the works that are allegedly being infringed upon and the allegedly infringing material and give particulars of the alleged infringement. In response to such a notification, we will give a written notice of a claim of copyright infringement to the provider of the allegedly infringing material. If the provider of that material does not respond to us in writing denying the alleged infringement within 14 days after receipt of that notice, we will remove or block the allegedly infringing material as soon as is reasonably practicable.
    13. If the provider of that material responds to us in writing denying the alleged infringement, we will, as soon as is reasonably practicable, send a copy of that response to the original notifying party. If the original notifying party does not, within a further 14 days, file an action seeking a court order against the provider of the allegedly infringing material, we may restore any removed or blocked material at our discretion. If the original notifying party files such a legal action, we will remove or block the allegedly infringing material pending resolution of that legal action.
      CopyrightCopyright
    1. In these Terms, the term "Proprietary Content" means:
      • this Site;
      • all of its content (including all of the text, graphics, designs, software, data, sound and video files and other information contained in this Site, and the selection and arrangement thereof); and
      • all software, systems and other information owned or used by askbella in connection with the Products offered through this Site (whether hosted on the same server as this Site or otherwise).
      • this Site;
      • all of its content (including all of the text, graphics, designs, software, data, sound and video files and other information contained in this Site, and the selection and arrangement thereof); and
      • all software, systems and other information owned or used by askbella in connection with the Products offered through this Site (whether hosted on the same server as this Site or otherwise).
    2. All Proprietary Content is the property of askbella or its licensors (as applicable) and is protected by Australian and international copyright laws. You must not reproduce, transmit, republish or prepare derivative works from any of the Proprietary Content, except as expressly authorised by these Terms or with the prior written consent of askbella or the other copyright owner (as applicable).
    3. You may download and print out content from this Site only for your own personal and non-commercial use and provided that you do not remove or modify any copyright, trademark or other proprietary notices. The foregoing does not give you any ownership of, or any other intellectual property interest in, any content retrieved from the Site and may be immediately suspended or terminated for any reason, in our sole discretion, and without advance notice or liability.
    4. TrademarksTrademarks
    5. The look and feel of this Site (including all button icons, scripts, custom graphics and headers) are the trademarks, service marks and/or trade dress of askbella. These trademarks, service marks and trade dress may not be used, copied or imitated, in whole or in part, without the prior written consent of askbella.
    6. User ContentUser Content
    7. In these Terms, the term "User Content" means any and all content that is submitted, posted or otherwise added to this Site by any user, such as comments, forum posts, chat room messages, reviews, ratings and feedback.
    8. This Site contains some features that enable you and other users to upload User Content. askbella reserves the right to display, refuse to display, remove and/or amend all or any part of any User Content at its absolute discretion. In respect of any User Content that you upload, you:
      • represent and warranty to askbella that your sharing of that User Content does not infringe any copyright or other legal right of any other person;
      • grant to askbella a worldwide, non-exclusive, royalty-free, perpetual, irrevocable, sub-licensable and transferable license to use, reproduce, distribute, modify, adapt, prepare derivative works of, publicly display, publicly perform and otherwise exploit all or any part of that User Content in any way at askbella's absolute discretion;
      • agree and warrant that your User Content is truthful and not misleading, not deceptive or materially inaccurate in any way, including in relation to the availability, nature, terms or conditions or any other matter relating to the Products being offered; and
      • acknowledge that we cannot and do not assume any liability for User Content, including but not limited to, incompleteness, inaccuracies or infringing materials and, as between you and askbella, you hereby assume all risk of harm or injury resulting from any use or reliance on any information published or disseminated within the Site including User Content.
      • represent and warranty to askbella that your sharing of that User Content does not infringe any copyright or other legal right of any other person;
      • grant to askbella a worldwide, non-exclusive, royalty-free, perpetual, irrevocable, sub-licensable and transferable license to use, reproduce, distribute, modify, adapt, prepare derivative works of, publicly display, publicly perform and otherwise exploit all or any part of that User Content in any way at askbella's absolute discretion;
      • agree and warrant that your User Content is truthful and not misleading, not deceptive or materially inaccurate in any way, including in relation to the availability, nature, terms or conditions or any other matter relating to the Products being offered; and
      • acknowledge that we cannot and do not assume any liability for User Content, including but not limited to, incompleteness, inaccuracies or infringing materials and, as between you and askbella, you hereby assume all risk of harm or injury resulting from any use or reliance on any information published or disseminated within the Site including User Content.
    9. Copyright claimsCopyright claims
    10. If you believe that our Site contains any material that infringes upon any copyright that you hold or control, or that users are directed through a link on this Site to a third party website that you believe is infringing upon any copyright that you hold or control, you may send a notification of such alleged infringement to us in writing.
    11. Such notification should identify the works that are allegedly being infringed upon and the allegedly infringing material and give particulars of the alleged infringement. In response to such a notification, we will give a written notice of a claim of copyright infringement to the provider of the allegedly infringing material. If the provider of that material does not respond to us in writing denying the alleged infringement within 14 days after receipt of that notice, we will remove or block the allegedly infringing material as soon as is reasonably practicable.
    12. If the provider of that material responds to us in writing denying the alleged infringement, we will, as soon as is reasonably practicable, send a copy of that response to the original notifying party. If the original notifying party does not, within a further 14 days, file an action seeking a court order against the provider of the allegedly infringing material, we may restore any removed or blocked material at our discretion. If the original notifying party files such a legal action, we will remove or block the allegedly infringing material pending resolution of that legal action.
  6. DISCLAIMER OF WARRANTIES
    1. To the maximum extent permitted by law, askbella and its officers, employees, agents, consultants, licensors, partners and affiliates exclude all liability to you or any other person for any loss, cost, expense, claim or damage (whether arising in contract, negligence, tort, equity, statute or otherwise, and for any loss, whether it be consequential, indirect, incidental, special, punitive, exemplary or otherwise, including any loss of profits, loss or corruption of data or loss of goodwill) arising directly or indirectly out of, or in connection with, these Terms or the use of this Site by you or any other person.
    2. This Site is provided strictly on an "as is" basis. To the maximum extent permitted by law, the Company and its officers, employees, agents, consultants, licensors, partners and affiliates make no representation, warranty or guarantee as to the reliability, timeliness, quality, suitability, truth, availability, accuracy or completeness of this Site or any of its content, and in particular do not represent, warrant or guarantee that:
      • the use of this Site will be secure, timely, uninterrupted or error-free or operate in combination with any other hardware, software, system or data;
      • this Site will meet your requirements or expectations;
      • anything on this Site, or on any third-party website referred or linked to in this Site, is reliable, accurate, complete or up-to-date;
      • the quality of any Products, information or other material purchased or obtained through this Site will meet any particular requirements or expectations;
      • errors or defects will be corrected; or
      • this Site or the servers that make it available are free of viruses or other harmful components.
      • the use of this Site will be secure, timely, uninterrupted or error-free or operate in combination with any other hardware, software, system or data;
      • this Site will meet your requirements or expectations;
      • anything on this Site, or on any third-party website referred or linked to in this Site, is reliable, accurate, complete or up-to-date;
      • the quality of any Products, information or other material purchased or obtained through this Site will meet any particular requirements or expectations;
      • errors or defects will be corrected; or
      • this Site or the servers that make it available are free of viruses or other harmful components.
    1. To the maximum extent permitted by law, askbella and its officers, employees, agents, consultants, licensors, partners and affiliates exclude all liability to you or any other person for any loss, cost, expense, claim or damage (whether arising in contract, negligence, tort, equity, statute or otherwise, and for any loss, whether it be consequential, indirect, incidental, special, punitive, exemplary or otherwise, including any loss of profits, loss or corruption of data or loss of goodwill) arising directly or indirectly out of, or in connection with, these Terms or the use of this Site by you or any other person.
    2. This Site is provided strictly on an "as is" basis. To the maximum extent permitted by law, the Company and its officers, employees, agents, consultants, licensors, partners and affiliates make no representation, warranty or guarantee as to the reliability, timeliness, quality, suitability, truth, availability, accuracy or completeness of this Site or any of its content, and in particular do not represent, warrant or guarantee that:
      • the use of this Site will be secure, timely, uninterrupted or error-free or operate in combination with any other hardware, software, system or data;
      • this Site will meet your requirements or expectations;
      • anything on this Site, or on any third-party website referred or linked to in this Site, is reliable, accurate, complete or up-to-date;
      • the quality of any Products, information or other material purchased or obtained through this Site will meet any particular requirements or expectations;
      • errors or defects will be corrected; or
      • this Site or the servers that make it available are free of viruses or other harmful components.
      • the use of this Site will be secure, timely, uninterrupted or error-free or operate in combination with any other hardware, software, system or data;
      • this Site will meet your requirements or expectations;
      • anything on this Site, or on any third-party website referred or linked to in this Site, is reliable, accurate, complete or up-to-date;
      • the quality of any Products, information or other material purchased or obtained through this Site will meet any particular requirements or expectations;
      • errors or defects will be corrected; or
      • this Site or the servers that make it available are free of viruses or other harmful components.
  7. LIMITAITON OF LIABILITY
    1. Exclusion of liabilityExclusion of liability
    2. To the maximum extent permitted by law, askbella and its officers, employees, agents, consultants, licensors, partners and affiliates exclude all liability to you or any other person for any loss, cost, expense, claim or damage (whether arising in contract, negligence, tort, equity, statute or otherwise, and for any loss, whether it be consequential, indirect, incidental, special, punitive, exemplary or otherwise, including any loss of profits, loss or corruption of data or loss of goodwill) arising directly or indirectly out of, or in connection with, these Terms or the use of this Site by you or any other person.
    3. Remedies limitedRemedies limited
    4. To the maximum extent permitted by law, the Company and its officers, employees, agents, consultants, licensors, partners and affiliates expressly limit their liability for breach of any non-excludable condition or warranty/guarantee implied by virtue of any legislation to the following remedies (the choice of which is to be at the Company's sole discretion):
      • in the case of services:
        • the supply of the services again; or
        • where applicable, the payment of the cost of having the services supplied again.
        • the supply of the services again; or
        • where applicable, the payment of the cost of having the services supplied again.
      • in the case of services:
        • the supply of the services again; or
        • where applicable, the payment of the cost of having the services supplied again.
        • the supply of the services again; or
        • where applicable, the payment of the cost of having the services supplied again.
    5. ReleaseRelease
    6. You agree that your use of this Site is at your own discretion and risk. You agree to release askbella and its officers, employees, agents, consultants, licensors, partners and affiliates from any claim, demand or cause of action that you may have against any of them arising from these Terms or the use of this Site by you or any other person. askbella may plead this release as a bar and complete defence to any claims or proceedings.
    7. Force majeureForce majeure
    8. To the maximum extent permitted by law, and without limiting any other provision of these Terms, askbella excludes liability for any delay in performing any of its obligations under these Terms where such delay is caused by circumstances beyond the reasonable control of askbella, and askbella shall be entitled to a reasonable extension of time for the performance of such obligations.
      Exclusion of liabilityExclusion of liability
    1. To the maximum extent permitted by law, askbella and its officers, employees, agents, consultants, licensors, partners and affiliates exclude all liability to you or any other person for any loss, cost, expense, claim or damage (whether arising in contract, negligence, tort, equity, statute or otherwise, and for any loss, whether it be consequential, indirect, incidental, special, punitive, exemplary or otherwise, including any loss of profits, loss or corruption of data or loss of goodwill) arising directly or indirectly out of, or in connection with, these Terms or the use of this Site by you or any other person.
    2. Remedies limitedRemedies limited
    3. To the maximum extent permitted by law, the Company and its officers, employees, agents, consultants, licensors, partners and affiliates expressly limit their liability for breach of any non-excludable condition or warranty/guarantee implied by virtue of any legislation to the following remedies (the choice of which is to be at the Company's sole discretion):
      • in the case of services:
        • the supply of the services again; or
        • where applicable, the payment of the cost of having the services supplied again.
        • the supply of the services again; or
        • where applicable, the payment of the cost of having the services supplied again.
      • in the case of services:
        • the supply of the services again; or
        • where applicable, the payment of the cost of having the services supplied again.
        • the supply of the services again; or
        • where applicable, the payment of the cost of having the services supplied again.
    4. ReleaseRelease
    5. You agree that your use of this Site is at your own discretion and risk. You agree to release askbella and its officers, employees, agents, consultants, licensors, partners and affiliates from any claim, demand or cause of action that you may have against any of them arising from these Terms or the use of this Site by you or any other person. askbella may plead this release as a bar and complete defence to any claims or proceedings.
    6. Force majeureForce majeure
    7. To the maximum extent permitted by law, and without limiting any other provision of these Terms, askbella excludes liability for any delay in performing any of its obligations under these Terms where such delay is caused by circumstances beyond the reasonable control of askbella, and askbella shall be entitled to a reasonable extension of time for the performance of such obligations.
  8. DEALINGS WITH THIRD PARTIES
    1. Third Party SitesThird Party Sites
    2. We make available through our Site, links to third-party websites. These links will allow you to leave our Site. These third party websites are not under our control and we do not accept any responsibility for the content, privacy practices, functions, accuracy, legality or appropriateness of any linked website or any link contained in a linked website, or any changes or updates to such site, and as such the third party websites will have their own terms and conditions of use with which you should familiarise yourself When you access third party resources on the internet, you do so at your own risk. Our links with any third party website should not be construed as an endorsement, approval or recommendation by us of the owners or operators of those linked third-party websites.
    3. You acknowledge and agree that askbella shall not be responsible or liable, either directly or indirectly for any loss or damage caused by or in connection with your use of or reliance upon any content or the purchase of other goods or services obtained on such website(s).
    4. Content supplied by third partiesContent supplied by third parties
    5. This Site at various points, allows third parties (including other users of the Site) to advertise goods and/or services and to upload information and other content directly to this Site for our users to access. We do not act as agent for any such third parties and we take no responsibility, and assume no liability, for:
      • any such content that is, or may reasonably be considered to be, abusive, harassing, harmful, obscene, indecent, inflammatory, violent, profane, racially, ethnically or otherwise objectionable, libellous, defamatory, deceptive, pornographic, sexually explicit, unlawful or plagiarised;
      • any of the information supplied by such third parties (including opinions, ideas, suggestions, comments, observations, text, photographs, videos, data, music, sounds, chat messages, files or any other material); and/or
      • any loss or damage that results from any dealings that you may have with such third parties.
      • any such content that is, or may reasonably be considered to be, abusive, harassing, harmful, obscene, indecent, inflammatory, violent, profane, racially, ethnically or otherwise objectionable, libellous, defamatory, deceptive, pornographic, sexually explicit, unlawful or plagiarised;
      • any of the information supplied by such third parties (including opinions, ideas, suggestions, comments, observations, text, photographs, videos, data, music, sounds, chat messages, files or any other material); and/or
      • any loss or damage that results from any dealings that you may have with such third parties.
    6. Third party goods/services and websitesThird party goods/services and websites
    7. We do not endorse any third party goods or services that are listed (including by other users of the Site), advertised, or referred to in this Site or the content of any third party websites. We are not responsible for the content of linked third party websites, websites framed within this Site or third party advertisements, and we do not make any representations, or provide any guarantees or warranties, regarding their content or accuracy. These links may unintentionally connect with websites containing information that some users may find inappropriate or offensive. Your use of any third party websites is at your own risk and subject to their respective terms and conditions of use.
    8. User acknowledgementsUser acknowledgements
    9. You acknowledge that askbella does not:
      • check the truth or currency of any of the material or information that third parties provide or make available through this Site (including information published and/or disseminated by other users of the Site);
      • control, endorse, approve or warrant to you the merchantability or fitness for any particular purpose of any of the goods or services of any third parties (including other users of the Site) referred to in this Site or whose identities become known to you through this Site, including suppliers of content that is published or made available in or through this Site;
      • offer professional advice on the quality or suitability of any goods, services or information supplied by any such third parties (including other users of the Site); or
      • endorse or recommend any third party supplier (including other users of the Site) or any third party goods or services, including where details of the relevant supplier are provided by askbella to you or otherwise become known to you through this Site.
      • check the truth or currency of any of the material or information that third parties provide or make available through this Site (including information published and/or disseminated by other users of the Site);
      • control, endorse, approve or warrant to you the merchantability or fitness for any particular purpose of any of the goods or services of any third parties (including other users of the Site) referred to in this Site or whose identities become known to you through this Site, including suppliers of content that is published or made available in or through this Site;
      • offer professional advice on the quality or suitability of any goods, services or information supplied by any such third parties (including other users of the Site); or
      • endorse or recommend any third party supplier (including other users of the Site) or any third party goods or services, including where details of the relevant supplier are provided by askbella to you or otherwise become known to you through this Site.
    10. Disputes between usersDisputes between users
    11. You are solely responsible for your interactions with other users listed on this Site and askbella is not a party to any transactions between you and such user. We reserve the right, but have no obligation, to monitor and take action regarding any disputes between users.
      Third Party SitesThird Party Sites
    1. We make available through our Site, links to third-party websites. These links will allow you to leave our Site. These third party websites are not under our control and we do not accept any responsibility for the content, privacy practices, functions, accuracy, legality or appropriateness of any linked website or any link contained in a linked website, or any changes or updates to such site, and as such the third party websites will have their own terms and conditions of use with which you should familiarise yourself When you access third party resources on the internet, you do so at your own risk. Our links with any third party website should not be construed as an endorsement, approval or recommendation by us of the owners or operators of those linked third-party websites.
    2. You acknowledge and agree that askbella shall not be responsible or liable, either directly or indirectly for any loss or damage caused by or in connection with your use of or reliance upon any content or the purchase of other goods or services obtained on such website(s).
    3. Content supplied by third partiesContent supplied by third parties
    4. This Site at various points, allows third parties (including other users of the Site) to advertise goods and/or services and to upload information and other content directly to this Site for our users to access. We do not act as agent for any such third parties and we take no responsibility, and assume no liability, for:
      • any such content that is, or may reasonably be considered to be, abusive, harassing, harmful, obscene, indecent, inflammatory, violent, profane, racially, ethnically or otherwise objectionable, libellous, defamatory, deceptive, pornographic, sexually explicit, unlawful or plagiarised;
      • any of the information supplied by such third parties (including opinions, ideas, suggestions, comments, observations, text, photographs, videos, data, music, sounds, chat messages, files or any other material); and/or
      • any loss or damage that results from any dealings that you may have with such third parties.
      • any such content that is, or may reasonably be considered to be, abusive, harassing, harmful, obscene, indecent, inflammatory, violent, profane, racially, ethnically or otherwise objectionable, libellous, defamatory, deceptive, pornographic, sexually explicit, unlawful or plagiarised;
      • any of the information supplied by such third parties (including opinions, ideas, suggestions, comments, observations, text, photographs, videos, data, music, sounds, chat messages, files or any other material); and/or
      • any loss or damage that results from any dealings that you may have with such third parties.
    5. Third party goods/services and websitesThird party goods/services and websites
    6. We do not endorse any third party goods or services that are listed (including by other users of the Site), advertised, or referred to in this Site or the content of any third party websites. We are not responsible for the content of linked third party websites, websites framed within this Site or third party advertisements, and we do not make any representations, or provide any guarantees or warranties, regarding their content or accuracy. These links may unintentionally connect with websites containing information that some users may find inappropriate or offensive. Your use of any third party websites is at your own risk and subject to their respective terms and conditions of use.
    7. User acknowledgementsUser acknowledgements
    8. You acknowledge that askbella does not:
      • check the truth or currency of any of the material or information that third parties provide or make available through this Site (including information published and/or disseminated by other users of the Site);
      • control, endorse, approve or warrant to you the merchantability or fitness for any particular purpose of any of the goods or services of any third parties (including other users of the Site) referred to in this Site or whose identities become known to you through this Site, including suppliers of content that is published or made available in or through this Site;
      • offer professional advice on the quality or suitability of any goods, services or information supplied by any such third parties (including other users of the Site); or
      • endorse or recommend any third party supplier (including other users of the Site) or any third party goods or services, including where details of the relevant supplier are provided by askbella to you or otherwise become known to you through this Site.
      • check the truth or currency of any of the material or information that third parties provide or make available through this Site (including information published and/or disseminated by other users of the Site);
      • control, endorse, approve or warrant to you the merchantability or fitness for any particular purpose of any of the goods or services of any third parties (including other users of the Site) referred to in this Site or whose identities become known to you through this Site, including suppliers of content that is published or made available in or through this Site;
      • offer professional advice on the quality or suitability of any goods, services or information supplied by any such third parties (including other users of the Site); or
      • endorse or recommend any third party supplier (including other users of the Site) or any third party goods or services, including where details of the relevant supplier are provided by askbella to you or otherwise become known to you through this Site.
    9. Disputes between usersDisputes between users
    10. You are solely responsible for your interactions with other users listed on this Site and askbella is not a party to any transactions between you and such user. We reserve the right, but have no obligation, to monitor and take action regarding any disputes between users.
  9. GENERAL
    1. InterpretationInterpretation
    2. In these Terms, the following rules of interpretation apply:
      • headings are for reference purposes only and in no way define, limit or describe the scope or extent of any provision in these Terms;
      • these Terms may not be construed adversely against askbella solely because askbella prepared them;
      • the singular includes the plural and vice-versa;
      • a reference to a "person" includes an individual, a firm, a corporation, a body corporate, a partnership, an unincorporated body, an association, a government body or any other entity; and
      • the meaning of general words is not limited by specific examples introduced by "including", "for example", "in particular" or similar expressions.
      • headings are for reference purposes only and in no way define, limit or describe the scope or extent of any provision in these Terms;
      • these Terms may not be construed adversely against askbella solely because askbella prepared them;
      • the singular includes the plural and vice-versa;
      • a reference to a "person" includes an individual, a firm, a corporation, a body corporate, a partnership, an unincorporated body, an association, a government body or any other entity; and
      • the meaning of general words is not limited by specific examples introduced by "including", "for example", "in particular" or similar expressions.
    3. NotificationsNotifications
    4. Askbella may provide any notification for the purposes of these Terms by email.
    5. CostsCosts
    6. Except as specifically provided in these Terms, each party must bear its own legal, accounting and other costs associated with these Terms.
    7. AssignmentAssignment
    8. You may not assign, transfer or sub-contract any of your rights or obligations under these Terms without askbella's prior written consent.
    9. Askbella may assign, transfer or sub-contract any of its rights or obligations under these Terms at any time without notice to you.
    10. Third Party RightsThird Party Rights
    11. The agreement set out in these Terms are between you and us and no other person shall have any rights to enforce any of its terms.
    12. No waiverNo waiver
    13. Waiver of any power or right under these Terms must be in writing signed by the party entitled to the benefit of that power or right and is effective only to the extent set out in that written waiver. Any failure by askbella to act with respect to a breach by you or others does not waive askbella's right to act with respect to that breach or any subsequent or similar breaches.
    14. SeverabilitySeverability
    15. The provisions of these Terms are severable and, if any provision of these Terms is held to be illegal, invalid or unenforceable under present or future law, such provision may be removed and the remaining provisions shall be enforced.
    16. VariationVariation
    17. Askbella reserves the right to amend these Terms and any other policy on this Site at any time in its sole discretion and any such changes will, unless otherwise noted, be effective immediately. Your continued usage of this Site will mean you accept those amendments. We reserve the right, without notice and at our sole discretion, to change, suspend, discontinue or impose limits on any aspect or content of this Site or the Products offered through this Site.
    18. You may only vary or amend these Terms by written agreement with askbella.
    19. Entire AgreementEntire Agreement
    20. These Terms, together with our Privacy Policy, sets out the entire agreement between you and us in respect of your use of our Site and the Products offered through this Site.
    21. Dispute ResolutionDispute Resolution
    22. The parties agree:
      • to attempt in good faith to resolve any dispute between them in connection with any matter arising out of these Terms;
      • any agreement reached between the parties must be reduced to writing and will be binding on the parties;
      • where a dispute cannot be resolved informally as between the parties, and a period of ten (10) business days has elapsed, the parties must seek to agree on the procedural rules and timetable for resolving the dispute through mediation; and
      • such mediation is to occur by the appointment of a suitable mediator appointed by the parties, or in the absence of agreement, a mediator appointed by the Resolution Institute, or any entity which replaces it.
      • to attempt in good faith to resolve any dispute between them in connection with any matter arising out of these Terms;
      • any agreement reached between the parties must be reduced to writing and will be binding on the parties;
      • where a dispute cannot be resolved informally as between the parties, and a period of ten (10) business days has elapsed, the parties must seek to agree on the procedural rules and timetable for resolving the dispute through mediation; and
      • such mediation is to occur by the appointment of a suitable mediator appointed by the parties, or in the absence of agreement, a mediator appointed by the Resolution Institute, or any entity which replaces it.
      The Parties otherwise agree to submit to the jurisdiction of the Courts of New South Wales and, if applicable, the Commonwealth of Australia, in the event a dispute arising from the use of this Site or these Terms cannot be resolved.
    23. Governing law and jurisdictionGoverning law and jurisdiction
    24. These Terms will be governed in all respects by the laws of New South Wales. The parties irrevocably submit to the non-exclusive jurisdiction of the courts of New South Wales and the courts of appeal from them.
    25. Contact usContact us
    26. Askbella prides itself on providing an exceptional customer service and we are always looking to improve on the Services we offer. If you have any queries, concerns or you are unhappy with our Site and/or the Services provided, and you would like to contact us, please do so by writing to us at ask@askbella.com.au. We will endeavour to respond to you as soon as reasonably practicable.
      InterpretationInterpretation
    1. In these Terms, the following rules of interpretation apply:
      • headings are for reference purposes only and in no way define, limit or describe the scope or extent of any provision in these Terms;
      • these Terms may not be construed adversely against askbella solely because askbella prepared them;
      • the singular includes the plural and vice-versa;
      • a reference to a "person" includes an individual, a firm, a corporation, a body corporate, a partnership, an unincorporated body, an association, a government body or any other entity; and
      • the meaning of general words is not limited by specific examples introduced by "including", "for example", "in particular" or similar expressions.
      • headings are for reference purposes only and in no way define, limit or describe the scope or extent of any provision in these Terms;
      • these Terms may not be construed adversely against askbella solely because askbella prepared them;
      • the singular includes the plural and vice-versa;
      • a reference to a "person" includes an individual, a firm, a corporation, a body corporate, a partnership, an unincorporated body, an association, a government body or any other entity; and
      • the meaning of general words is not limited by specific examples introduced by "including", "for example", "in particular" or similar expressions.
    2. NotificationsNotifications
    3. Askbella may provide any notification for the purposes of these Terms by email.
    4. CostsCosts
    5. Except as specifically provided in these Terms, each party must bear its own legal, accounting and other costs associated with these Terms.
    6. AssignmentAssignment
    7. You may not assign, transfer or sub-contract any of your rights or obligations under these Terms without askbella's prior written consent.
    8. Askbella may assign, transfer or sub-contract any of its rights or obligations under these Terms at any time without notice to you.
    9. Third Party RightsThird Party Rights
    10. The agreement set out in these Terms are between you and us and no other person shall have any rights to enforce any of its terms.
    11. No waiverNo waiver
    12. Waiver of any power or right under these Terms must be in writing signed by the party entitled to the benefit of that power or right and is effective only to the extent set out in that written waiver. Any failure by askbella to act with respect to a breach by you or others does not waive askbella's right to act with respect to that breach or any subsequent or similar breaches.
    13. SeverabilitySeverability
    14. The provisions of these Terms are severable and, if any provision of these Terms is held to be illegal, invalid or unenforceable under present or future law, such provision may be removed and the remaining provisions shall be enforced.
    15. VariationVariation
    16. Askbella reserves the right to amend these Terms and any other policy on this Site at any time in its sole discretion and any such changes will, unless otherwise noted, be effective immediately. Your continued usage of this Site will mean you accept those amendments. We reserve the right, without notice and at our sole discretion, to change, suspend, discontinue or impose limits on any aspect or content of this Site or the Products offered through this Site.
    17. You may only vary or amend these Terms by written agreement with askbella.
    18. Entire AgreementEntire Agreement
    19. These Terms, together with our Privacy Policy, sets out the entire agreement between you and us in respect of your use of our Site and the Products offered through this Site.
    20. Dispute ResolutionDispute Resolution
    21. The parties agree:
      • to attempt in good faith to resolve any dispute between them in connection with any matter arising out of these Terms;
      • any agreement reached between the parties must be reduced to writing and will be binding on the parties;
      • where a dispute cannot be resolved informally as between the parties, and a period of ten (10) business days has elapsed, the parties must seek to agree on the procedural rules and timetable for resolving the dispute through mediation; and
      • such mediation is to occur by the appointment of a suitable mediator appointed by the parties, or in the absence of agreement, a mediator appointed by the Resolution Institute, or any entity which replaces it.
      • to attempt in good faith to resolve any dispute between them in connection with any matter arising out of these Terms;
      • any agreement reached between the parties must be reduced to writing and will be binding on the parties;
      • where a dispute cannot be resolved informally as between the parties, and a period of ten (10) business days has elapsed, the parties must seek to agree on the procedural rules and timetable for resolving the dispute through mediation; and
      • such mediation is to occur by the appointment of a suitable mediator appointed by the parties, or in the absence of agreement, a mediator appointed by the Resolution Institute, or any entity which replaces it.
      The Parties otherwise agree to submit to the jurisdiction of the Courts of New South Wales and, if applicable, the Commonwealth of Australia, in the event a dispute arising from the use of this Site or these Terms cannot be resolved.
    22. Governing law and jurisdictionGoverning law and jurisdiction
    23. These Terms will be governed in all respects by the laws of New South Wales. The parties irrevocably submit to the non-exclusive jurisdiction of the courts of New South Wales and the courts of appeal from them.
    24. Contact usContact us
    25. Askbella prides itself on providing an exceptional customer service and we are always looking to improve on the Services we offer. If you have any queries, concerns or you are unhappy with our Site and/or the Services provided, and you would like to contact us, please do so by writing to us at ask@askbella.com.au. We will endeavour to respond to you as soon as reasonably practicable.
  10. Schedule 1 - Prohibited conduct
  11. YOU MUST NOT:YOU MUST NOT:
    • use any device, routine or software that interferes, or attempt to interfere, with the proper working of this Site;
    • engage in any action that requires, or may require, an unreasonable or excessively large load on our infrastructure;
    • use this Site to decipher passwords or security encryption codes, transmit any worms, viruses or Trojan horses, transfer or store illegal, threatening or obscene material or otherwise violate the security of any computer network;
    • use this Site to violate any applicable local, state, national or international law, to engage in any misleading or deceptive online marketing practices or for any fraudulent or malicious purposes;
    • use any spider, robot or search/retrieval application or any screen scraping, data mining or similar data gathering device, process, program or means to access, retrieve or index any portion of this Site;
    • use this Site by any automated means;
    • use this Site to transmit junk mail, spam or chain letters or pyramid schemes or engage in other flooding techniques or mass distribution of unsolicited email;
    • access, retrieve or index any portion of this Site for use in constructing or populating any database that is searchable online or for the purpose of soliciting or sharing reviews;
    • interfere with the display of any advertisements appearing on or in connection with this Site;
    • reverse engineer, decompile, disassemble, adapt, modify, translate, frame or reformat any of the material contained on this Site;
    • reproduce, duplicate, copy or store any of the material appearing on this Site other than for your own personal and non-commercial use;
    • falsely imply that any other website is associated with this Site;
    • do anything that leads, or may lead, to a decrease in the value of askbella's intellectual property rights in this Site;
    • use or exploit any of the material appearing on this Site for, or in connection with, any business or enterprise (whether for profit or otherwise), including any business or enterprise that is in competition with this Site;
    • release to the public any news release, advertising material, promotional material or any other form of publicity or information relating to askbella without askbella's prior written consent; or
    • use this Site to transmit any information or material that is, or may reasonably be considered to be:
      • abusive, threatening, harassing, harmful, obscene, indecent, lewd, inflammatory, violent, vulgar, profane, racially, ethnically or otherwise objectionable or offensive in any way;
      • libellous, defamatory, pornographic, sexually explicit, unlawful or plagiarised;
      • infringing upon or violating any copyright, trademark, patent or other intellectual property or proprietary right;
      • in breach of any duty of confidentiality by which you are bound, whether by way of a fiduciary or contractual relationship;
      • in breach of any person's privacy or publicity rights;
      • a misrepresentation of facts, including the impersonation of any person or entity or a misrepresentation of an affiliation with any person or entity (including any sponsorship or endorsement);
      • in violation of any applicable law, statute, ordinance or regulation, or encouraging of others to do so;
      • containing any political campaigning material, advertisements or solicitations; or
      • likely to bring askbella or any of its staff into disrepute.
      • abusive, threatening, harassing, harmful, obscene, indecent, lewd, inflammatory, violent, vulgar, profane, racially, ethnically or otherwise objectionable or offensive in any way;
      • libellous, defamatory, pornographic, sexually explicit, unlawful or plagiarised;
      • infringing upon or violating any copyright, trademark, patent or other intellectual property or proprietary right;
      • in breach of any duty of confidentiality by which you are bound, whether by way of a fiduciary or contractual relationship;
      • in breach of any person's privacy or publicity rights;
      • a misrepresentation of facts, including the impersonation of any person or entity or a misrepresentation of an affiliation with any person or entity (including any sponsorship or endorsement);
      • in violation of any applicable law, statute, ordinance or regulation, or encouraging of others to do so;
      • containing any political campaigning material, advertisements or solicitations; or
      • likely to bring askbella or any of its staff into disrepute.
    • use any device, routine or software that interferes, or attempt to interfere, with the proper working of this Site;
    • engage in any action that requires, or may require, an unreasonable or excessively large load on our infrastructure;
    • use this Site to decipher passwords or security encryption codes, transmit any worms, viruses or Trojan horses, transfer or store illegal, threatening or obscene material or otherwise violate the security of any computer network;
    • use this Site to violate any applicable local, state, national or international law, to engage in any misleading or deceptive online marketing practices or for any fraudulent or malicious purposes;
    • use any spider, robot or search/retrieval application or any screen scraping, data mining or similar data gathering device, process, program or means to access, retrieve or index any portion of this Site;
    • use this Site by any automated means;
    • use this Site to transmit junk mail, spam or chain letters or pyramid schemes or engage in other flooding techniques or mass distribution of unsolicited email;
    • access, retrieve or index any portion of this Site for use in constructing or populating any database that is searchable online or for the purpose of soliciting or sharing reviews;
    • interfere with the display of any advertisements appearing on or in connection with this Site;
    • reverse engineer, decompile, disassemble, adapt, modify, translate, frame or reformat any of the material contained on this Site;
    • reproduce, duplicate, copy or store any of the material appearing on this Site other than for your own personal and non-commercial use;
    • falsely imply that any other website is associated with this Site;
    • do anything that leads, or may lead, to a decrease in the value of askbella's intellectual property rights in this Site;
    • use or exploit any of the material appearing on this Site for, or in connection with, any business or enterprise (whether for profit or otherwise), including any business or enterprise that is in competition with this Site;
    • release to the public any news release, advertising material, promotional material or any other form of publicity or information relating to askbella without askbella's prior written consent; or
    • use this Site to transmit any information or material that is, or may reasonably be considered to be:
      • abusive, threatening, harassing, harmful, obscene, indecent, lewd, inflammatory, violent, vulgar, profane, racially, ethnically or otherwise objectionable or offensive in any way;
      • libellous, defamatory, pornographic, sexually explicit, unlawful or plagiarised;
      • infringing upon or violating any copyright, trademark, patent or other intellectual property or proprietary right;
      • in breach of any duty of confidentiality by which you are bound, whether by way of a fiduciary or contractual relationship;
      • in breach of any person's privacy or publicity rights;
      • a misrepresentation of facts, including the impersonation of any person or entity or a misrepresentation of an affiliation with any person or entity (including any sponsorship or endorsement);
      • in violation of any applicable law, statute, ordinance or regulation, or encouraging of others to do so;
      • containing any political campaigning material, advertisements or solicitations; or
      • likely to bring askbella or any of its staff into disrepute.
      • abusive, threatening, harassing, harmful, obscene, indecent, lewd, inflammatory, violent, vulgar, profane, racially, ethnically or otherwise objectionable or offensive in any way;
      • libellous, defamatory, pornographic, sexually explicit, unlawful or plagiarised;
      • infringing upon or violating any copyright, trademark, patent or other intellectual property or proprietary right;
      • in breach of any duty of confidentiality by which you are bound, whether by way of a fiduciary or contractual relationship;
      • in breach of any person's privacy or publicity rights;
      • a misrepresentation of facts, including the impersonation of any person or entity or a misrepresentation of an affiliation with any person or entity (including any sponsorship or endorsement);
      • in violation of any applicable law, statute, ordinance or regulation, or encouraging of others to do so;
      • containing any political campaigning material, advertisements or solicitations; or
      • likely to bring askbella or any of its staff into disrepute.
  1. AGREEMENT TO THESE WEBSITE TERMS AND CONDITIONS OF USE
    1. By accessing this Site, using the online eCommerce services and/or the Artificial Intelligence technology that provides beauty product recommendations (know as “Skinalyser™”) services offered through the Site, including but not limited to:
      • using the Site's features and functionalities;
      • participating in marketing (including the publication and dissemination of product information within the Site);
      • accessing the Site and its user interfaces; and
      • communicating with other third parties (e.g. users and retailers within the Site);
      • purchasing the products supplied by third-party retailers on our Site (the “Products”); and
      • using its content, software and technologies associated with our service
      • (collectively, the “Services”), you agree to be bound by these terms and conditions of use (“Terms”).
      • using the Site's features and functionalities;
      • participating in marketing (including the publication and dissemination of product information within the Site);
      • accessing the Site and its user interfaces; and
      • communicating with other third parties (e.g. users and retailers within the Site);
      • purchasing the products supplied by third-party retailers on our Site (the “Products”); and
      • using its content, software and technologies associated with our service
      • (collectively, the “Services”), you agree to be bound by these terms and conditions of use (“Terms”).
    2. These Terms constitute a binding legal agreement between you (and your agents and nominees) and askbella (and its agents and nominees) and sets forth your rights and obligations with respect to the use of the Site. The Terms govern your use of this Site and your continued use of the Site constitutes your acceptance and acknowledgment of these Terms.
    3. Please read these Terms carefully before accessing or using the Site. If you do not agree to these Terms, please do not access the Site.
    4. Privacy PolicyPrivacy Policy
    5. As part of these Terms, your use of this Site is also subject to our Privacy Policy (located at http://www.askbella.com.au/privacy-policy), which are incorporated by reference into these Terms.
    6. Legal capacity to transactLegal capacity to transact
    7. By using this Site you represent and warrant to askbella that you are over the age of 18 years. Should askbella suffer any damage or other losses as a result of a transaction entered into by a minor, we reserve the right to seek compensation for such losses from his/her parents or guardians.
    8. We may, in our sole discretion, refuse to offer our Services to any person or entity and we may change our eligibility criteria at any time. The Services we offer are for your use only and are not intended for the use or benefit of any third party, and cannot be transferred to any third party without our express written consent (and any associated fees and expenses in granting that consent).
    1. By accessing this Site, using the online eCommerce services and/or the Artificial Intelligence technology that provides beauty product recommendations (know as “Skinalyser™”) services offered through the Site, including but not limited to:
      • using the Site's features and functionalities;
      • participating in marketing (including the publication and dissemination of product information within the Site);
      • accessing the Site and its user interfaces; and
      • communicating with other third parties (e.g. users and retailers within the Site);
      • purchasing the products supplied by third-party retailers on our Site (the “Products”); and
      • using its content, software and technologies associated with our service
      • (collectively, the “Services”), you agree to be bound by these terms and conditions of use (“Terms”).
      • using the Site's features and functionalities;
      • participating in marketing (including the publication and dissemination of product information within the Site);
      • accessing the Site and its user interfaces; and
      • communicating with other third parties (e.g. users and retailers within the Site);
      • purchasing the products supplied by third-party retailers on our Site (the “Products”); and
      • using its content, software and technologies associated with our service
      • (collectively, the “Services”), you agree to be bound by these terms and conditions of use (“Terms”).
    2. These Terms constitute a binding legal agreement between you (and your agents and nominees) and askbella (and its agents and nominees) and sets forth your rights and obligations with respect to the use of the Site. The Terms govern your use of this Site and your continued use of the Site constitutes your acceptance and acknowledgment of these Terms.
    3. Please read these Terms carefully before accessing or using the Site. If you do not agree to these Terms, please do not access the Site.
    4. Privacy PolicyPrivacy Policy
    5. As part of these Terms, your use of this Site is also subject to our Privacy Policy (located at http://www.askbella.com.au/privacy-policy), which are incorporated by reference into these Terms.
    6. Legal capacity to transactLegal capacity to transact
    7. By using this Site you represent and warrant to askbella that you are over the age of 18 years. Should askbella suffer any damage or other losses as a result of a transaction entered into by a minor, we reserve the right to seek compensation for such losses from his/her parents or guardians.
    8. We may, in our sole discretion, refuse to offer our Services to any person or entity and we may change our eligibility criteria at any time. The Services we offer are for your use only and are not intended for the use or benefit of any third party, and cannot be transferred to any third party without our express written consent (and any associated fees and expenses in granting that consent).
  2. RESTRICTIONS ON USE
    1. Prohibited Conduct & Other RulesProhibited Conduct & Other Rules
    2. Your use of this Site is subject to the rules set out in Schedule 1 below.
    3. Without limiting any other provisions of this clause, if you submit User Content (defined below) that we believe constitutes Prohibited Conduct or breaches the Other Rules as set out in these Terms, then we may take any legally available action that we deem appropriate, in our sole discretion. However, we are not obligated to take any action not required by law. We may however, take any action we deem appropriate at our discretion to limit your access to the Site or the Services until the Prohibited Conduct has been rectified or you have complied with the Other Rules to our satisfaction. Failure by you to rectify any Prohibited Conduct or adhere to the Other Rules may result in any of your User Content being removed from the Site.
    4. Violations of these Website Terms and Conditions of UseViolations of these Website Terms and Conditions of Use
    5. Without limiting any other remedies available to askbella at law or in equity, askbella reserves the right to, without notice:
      • temporarily or indefinitely suspend, or terminate, your access to this Site or refuse to provide products or services to you if:
        • you breach any provision of these Terms;
        • askbella is unable to verify or authenticate any information that you provide to us; or
        • askbella believes that your actions may cause damage and/or legal liability to askbella, any of its customers or suppliers or any other person; and
        • you breach any provision of these Terms;
        • askbella is unable to verify or authenticate any information that you provide to us; or
        • askbella believes that your actions may cause damage and/or legal liability to askbella, any of its customers or suppliers or any other person; and
      • remove or block access to any information and/or materials (in whole or in part) that askbella, at its sole and absolute discretion, regards in any way to be objectionable or in violation of any applicable law, any person's intellectual property rights or these Terms.
      • temporarily or indefinitely suspend, or terminate, your access to this Site or refuse to provide products or services to you if:
        • you breach any provision of these Terms;
        • askbella is unable to verify or authenticate any information that you provide to us; or
        • askbella believes that your actions may cause damage and/or legal liability to askbella, any of its customers or suppliers or any other person; and
        • you breach any provision of these Terms;
        • askbella is unable to verify or authenticate any information that you provide to us; or
        • askbella believes that your actions may cause damage and/or legal liability to askbella, any of its customers or suppliers or any other person; and
      • remove or block access to any information and/or materials (in whole or in part) that askbella, at its sole and absolute discretion, regards in any way to be objectionable or in violation of any applicable law, any person's intellectual property rights or these Terms.
    6. IndemnityIndemnity
    7. You indemnify and hold harmless askbella and its officers, employees, agents, consultants, licensors, partners and affiliates from and against any losses, liabilities, costs, expenses or damages (including actual, special, indirect and consequential losses or damages of every kind and nature, including all legal fees on a solicitor-client basis) suffered or incurred by any of them due to, arising out of, or in any way related to (directly or indirectly):
      • any material or information that you submit, post, transmit or otherwise make available through this Site;
      • your use of, or connection to, this Site; or
      • your negligence or misconduct, breach of these Terms or violation of any law or the rights of any person.
      • This indemnification obligation will survive termination of the Terms and any misuse of the Site.
      • any material or information that you submit, post, transmit or otherwise make available through this Site;
      • your use of, or connection to, this Site; or
      • your negligence or misconduct, breach of these Terms or violation of any law or the rights of any person.
      • This indemnification obligation will survive termination of the Terms and any misuse of the Site.
      Prohibited Conduct & Other RulesProhibited Conduct & Other Rules
    1. Your use of this Site is subject to the rules set out in Schedule 1 below.
    2. Without limiting any other provisions of this clause, if you submit User Content (defined below) that we believe constitutes Prohibited Conduct or breaches the Other Rules as set out in these Terms, then we may take any legally available action that we deem appropriate, in our sole discretion. However, we are not obligated to take any action not required by law. We may however, take any action we deem appropriate at our discretion to limit your access to the Site or the Services until the Prohibited Conduct has been rectified or you have complied with the Other Rules to our satisfaction. Failure by you to rectify any Prohibited Conduct or adhere to the Other Rules may result in any of your User Content being removed from the Site.
    3. Violations of these Website Terms and Conditions of UseViolations of these Website Terms and Conditions of Use
    4. Without limiting any other remedies available to askbella at law or in equity, askbella reserves the right to, without notice:
      • temporarily or indefinitely suspend, or terminate, your access to this Site or refuse to provide products or services to you if:
        • you breach any provision of these Terms;
        • askbella is unable to verify or authenticate any information that you provide to us; or
        • askbella believes that your actions may cause damage and/or legal liability to askbella, any of its customers or suppliers or any other person; and
        • you breach any provision of these Terms;
        • askbella is unable to verify or authenticate any information that you provide to us; or
        • askbella believes that your actions may cause damage and/or legal liability to askbella, any of its customers or suppliers or any other person; and
      • remove or block access to any information and/or materials (in whole or in part) that askbella, at its sole and absolute discretion, regards in any way to be objectionable or in violation of any applicable law, any person's intellectual property rights or these Terms.
      • temporarily or indefinitely suspend, or terminate, your access to this Site or refuse to provide products or services to you if:
        • you breach any provision of these Terms;
        • askbella is unable to verify or authenticate any information that you provide to us; or
        • askbella believes that your actions may cause damage and/or legal liability to askbella, any of its customers or suppliers or any other person; and
        • you breach any provision of these Terms;
        • askbella is unable to verify or authenticate any information that you provide to us; or
        • askbella believes that your actions may cause damage and/or legal liability to askbella, any of its customers or suppliers or any other person; and
      • remove or block access to any information and/or materials (in whole or in part) that askbella, at its sole and absolute discretion, regards in any way to be objectionable or in violation of any applicable law, any person's intellectual property rights or these Terms.
    5. IndemnityIndemnity
    6. You indemnify and hold harmless askbella and its officers, employees, agents, consultants, licensors, partners and affiliates from and against any losses, liabilities, costs, expenses or damages (including actual, special, indirect and consequential losses or damages of every kind and nature, including all legal fees on a solicitor-client basis) suffered or incurred by any of them due to, arising out of, or in any way related to (directly or indirectly):
      • any material or information that you submit, post, transmit or otherwise make available through this Site;
      • your use of, or connection to, this Site; or
      • your negligence or misconduct, breach of these Terms or violation of any law or the rights of any person.
      • This indemnification obligation will survive termination of the Terms and any misuse of the Site.
      • any material or information that you submit, post, transmit or otherwise make available through this Site;
      • your use of, or connection to, this Site; or
      • your negligence or misconduct, breach of these Terms or violation of any law or the rights of any person.
      • This indemnification obligation will survive termination of the Terms and any misuse of the Site.
  3. ADVISORY SERVICE
    1. Askbella provides an information service to obtain a comparison between certain beauty products and resellers. The products and resellers compared are not representative of all the beauty products and resellers available in the market.
    2. In order to provide you with comparison products, we may need to collect some personal information about you, namely your age, skin type and gender. By entering your information into the Skinalyser™, you are consenting to us retaining your personal information.
    3. By using our Site and the Services, you acknowledge and agree that askbella is solely a comparison Site for beauty products. We are not a product manufacturer nor are we a wholesaler or reseller. The advice and information contained and provided through this Site is general in nature and intended for informational purposes only and as such, does not constitute or replace professional medical advice suited to individual or specific conditions.
    4. Comparisons and information provided about products have not been evaluated by the Australian Therapeutic Goods Administration or any other regulator, as such the information and products recommended are not intended to diagnose, treat or cure any medical condition.
    5. It is essential that you carry out your own due diligence and consult with your healthcare professional regarding the use of any products or information received through the Site before using them. The personalised page provided in the Skinalyser™ via our Site and any of our communications with you, whether via the Skinalyser™, the Site or through emails or other direct forms of communication, does not constitute any advice nor does it create a medical professional-patient relationship in any respect. You agree that askbella may not be held liable for the suitability or success of any beauty products suggested on the Site. You agree that you must evaluate, and bear all risks associated with the use of the Site and any content published or disseminated within the Site, including and reliance on the accuracy, completeness, or usefulness of such content.
    1. Askbella provides an information service to obtain a comparison between certain beauty products and resellers. The products and resellers compared are not representative of all the beauty products and resellers available in the market.
    2. In order to provide you with comparison products, we may need to collect some personal information about you, namely your age, skin type and gender. By entering your information into the Skinalyser™, you are consenting to us retaining your personal information.
    3. By using our Site and the Services, you acknowledge and agree that askbella is solely a comparison Site for beauty products. We are not a product manufacturer nor are we a wholesaler or reseller. The advice and information contained and provided through this Site is general in nature and intended for informational purposes only and as such, does not constitute or replace professional medical advice suited to individual or specific conditions.
    4. Comparisons and information provided about products have not been evaluated by the Australian Therapeutic Goods Administration or any other regulator, as such the information and products recommended are not intended to diagnose, treat or cure any medical condition.
    5. It is essential that you carry out your own due diligence and consult with your healthcare professional regarding the use of any products or information received through the Site before using them. The personalised page provided in the Skinalyser™ via our Site and any of our communications with you, whether via the Skinalyser™, the Site or through emails or other direct forms of communication, does not constitute any advice nor does it create a medical professional-patient relationship in any respect. You agree that askbella may not be held liable for the suitability or success of any beauty products suggested on the Site. You agree that you must evaluate, and bear all risks associated with the use of the Site and any content published or disseminated within the Site, including and reliance on the accuracy, completeness, or usefulness of such content.
  4. PRICES AND AVAILABILITY
    1. Askbella maintains links to affiliate websites and we endeavour to ensure that all prices and information shown on our Site are accurate and current, however, sometimes errors may occur, and it is suggested that you do your own due diligence on the accuracy and currency of the information on which we have relied.
    1. Askbella maintains links to affiliate websites and we endeavour to ensure that all prices and information shown on our Site are accurate and current, however, sometimes errors may occur, and it is suggested that you do your own due diligence on the accuracy and currency of the information on which we have relied.
  5. INTELLECTUAL PROPERTY
    1. CopyrightCopyright
    2. In these Terms, the term "Proprietary Content" means:
      • this Site;
      • all of its content (including all of the text, graphics, designs, software, data, sound and video files and other information contained in this Site, and the selection and arrangement thereof); and
      • all software, systems and other information owned or used by askbella in connection with the Products offered through this Site (whether hosted on the same server as this Site or otherwise).
      • this Site;
      • all of its content (including all of the text, graphics, designs, software, data, sound and video files and other information contained in this Site, and the selection and arrangement thereof); and
      • all software, systems and other information owned or used by askbella in connection with the Products offered through this Site (whether hosted on the same server as this Site or otherwise).
    3. All Proprietary Content is the property of askbella or its licensors (as applicable) and is protected by Australian and international copyright laws. You must not reproduce, transmit, republish or prepare derivative works from any of the Proprietary Content, except as expressly authorised by these Terms or with the prior written consent of askbella or the other copyright owner (as applicable).
    4. You may download and print out content from this Site only for your own personal and non-commercial use and provided that you do not remove or modify any copyright, trademark or other proprietary notices. The foregoing does not give you any ownership of, or any other intellectual property interest in, any content retrieved from the Site and may be immediately suspended or terminated for any reason, in our sole discretion, and without advance notice or liability.
    5. TrademarksTrademarks
    6. The look and feel of this Site (including all button icons, scripts, custom graphics and headers) are the trademarks, service marks and/or trade dress of askbella. These trademarks, service marks and trade dress may not be used, copied or imitated, in whole or in part, without the prior written consent of askbella.
    7. User ContentUser Content
    8. In these Terms, the term "User Content" means any and all content that is submitted, posted or otherwise added to this Site by any user, such as comments, forum posts, chat room messages, reviews, ratings and feedback.
    9. This Site contains some features that enable you and other users to upload User Content. askbella reserves the right to display, refuse to display, remove and/or amend all or any part of any User Content at its absolute discretion. In respect of any User Content that you upload, you:
      • represent and warranty to askbella that your sharing of that User Content does not infringe any copyright or other legal right of any other person;
      • grant to askbella a worldwide, non-exclusive, royalty-free, perpetual, irrevocable, sub-licensable and transferable license to use, reproduce, distribute, modify, adapt, prepare derivative works of, publicly display, publicly perform and otherwise exploit all or any part of that User Content in any way at askbella's absolute discretion;
      • agree and warrant that your User Content is truthful and not misleading, not deceptive or materially inaccurate in any way, including in relation to the availability, nature, terms or conditions or any other matter relating to the Products being offered; and
      • acknowledge that we cannot and do not assume any liability for User Content, including but not limited to, incompleteness, inaccuracies or infringing materials and, as between you and askbella, you hereby assume all risk of harm or injury resulting from any use or reliance on any information published or disseminated within the Site including User Content.
      • represent and warranty to askbella that your sharing of that User Content does not infringe any copyright or other legal right of any other person;
      • grant to askbella a worldwide, non-exclusive, royalty-free, perpetual, irrevocable, sub-licensable and transferable license to use, reproduce, distribute, modify, adapt, prepare derivative works of, publicly display, publicly perform and otherwise exploit all or any part of that User Content in any way at askbella's absolute discretion;
      • agree and warrant that your User Content is truthful and not misleading, not deceptive or materially inaccurate in any way, including in relation to the availability, nature, terms or conditions or any other matter relating to the Products being offered; and
      • acknowledge that we cannot and do not assume any liability for User Content, including but not limited to, incompleteness, inaccuracies or infringing materials and, as between you and askbella, you hereby assume all risk of harm or injury resulting from any use or reliance on any information published or disseminated within the Site including User Content.
    10. Copyright claimsCopyright claims
    11. If you believe that our Site contains any material that infringes upon any copyright that you hold or control, or that users are directed through a link on this Site to a third party website that you believe is infringing upon any copyright that you hold or control, you may send a notification of such alleged infringement to us in writing.
    12. Such notification should identify the works that are allegedly being infringed upon and the allegedly infringing material and give particulars of the alleged infringement. In response to such a notification, we will give a written notice of a claim of copyright infringement to the provider of the allegedly infringing material. If the provider of that material does not respond to us in writing denying the alleged infringement within 14 days after receipt of that notice, we will remove or block the allegedly infringing material as soon as is reasonably practicable.
    13. If the provider of that material responds to us in writing denying the alleged infringement, we will, as soon as is reasonably practicable, send a copy of that response to the original notifying party. If the original notifying party does not, within a further 14 days, file an action seeking a court order against the provider of the allegedly infringing material, we may restore any removed or blocked material at our discretion. If the original notifying party files such a legal action, we will remove or block the allegedly infringing material pending resolution of that legal action.
      CopyrightCopyright
    1. In these Terms, the term "Proprietary Content" means:
      • this Site;
      • all of its content (including all of the text, graphics, designs, software, data, sound and video files and other information contained in this Site, and the selection and arrangement thereof); and
      • all software, systems and other information owned or used by askbella in connection with the Products offered through this Site (whether hosted on the same server as this Site or otherwise).
      • this Site;
      • all of its content (including all of the text, graphics, designs, software, data, sound and video files and other information contained in this Site, and the selection and arrangement thereof); and
      • all software, systems and other information owned or used by askbella in connection with the Products offered through this Site (whether hosted on the same server as this Site or otherwise).
    2. All Proprietary Content is the property of askbella or its licensors (as applicable) and is protected by Australian and international copyright laws. You must not reproduce, transmit, republish or prepare derivative works from any of the Proprietary Content, except as expressly authorised by these Terms or with the prior written consent of askbella or the other copyright owner (as applicable).
    3. You may download and print out content from this Site only for your own personal and non-commercial use and provided that you do not remove or modify any copyright, trademark or other proprietary notices. The foregoing does not give you any ownership of, or any other intellectual property interest in, any content retrieved from the Site and may be immediately suspended or terminated for any reason, in our sole discretion, and without advance notice or liability.
    4. TrademarksTrademarks
    5. The look and feel of this Site (including all button icons, scripts, custom graphics and headers) are the trademarks, service marks and/or trade dress of askbella. These trademarks, service marks and trade dress may not be used, copied or imitated, in whole or in part, without the prior written consent of askbella.
    6. User ContentUser Content
    7. In these Terms, the term "User Content" means any and all content that is submitted, posted or otherwise added to this Site by any user, such as comments, forum posts, chat room messages, reviews, ratings and feedback.
    8. This Site contains some features that enable you and other users to upload User Content. askbella reserves the right to display, refuse to display, remove and/or amend all or any part of any User Content at its absolute discretion. In respect of any User Content that you upload, you:
      • represent and warranty to askbella that your sharing of that User Content does not infringe any copyright or other legal right of any other person;
      • grant to askbella a worldwide, non-exclusive, royalty-free, perpetual, irrevocable, sub-licensable and transferable license to use, reproduce, distribute, modify, adapt, prepare derivative works of, publicly display, publicly perform and otherwise exploit all or any part of that User Content in any way at askbella's absolute discretion;
      • agree and warrant that your User Content is truthful and not misleading, not deceptive or materially inaccurate in any way, including in relation to the availability, nature, terms or conditions or any other matter relating to the Products being offered; and
      • acknowledge that we cannot and do not assume any liability for User Content, including but not limited to, incompleteness, inaccuracies or infringing materials and, as between you and askbella, you hereby assume all risk of harm or injury resulting from any use or reliance on any information published or disseminated within the Site including User Content.
      • represent and warranty to askbella that your sharing of that User Content does not infringe any copyright or other legal right of any other person;
      • grant to askbella a worldwide, non-exclusive, royalty-free, perpetual, irrevocable, sub-licensable and transferable license to use, reproduce, distribute, modify, adapt, prepare derivative works of, publicly display, publicly perform and otherwise exploit all or any part of that User Content in any way at askbella's absolute discretion;
      • agree and warrant that your User Content is truthful and not misleading, not deceptive or materially inaccurate in any way, including in relation to the availability, nature, terms or conditions or any other matter relating to the Products being offered; and
      • acknowledge that we cannot and do not assume any liability for User Content, including but not limited to, incompleteness, inaccuracies or infringing materials and, as between you and askbella, you hereby assume all risk of harm or injury resulting from any use or reliance on any information published or disseminated within the Site including User Content.
    9. Copyright claimsCopyright claims
    10. If you believe that our Site contains any material that infringes upon any copyright that you hold or control, or that users are directed through a link on this Site to a third party website that you believe is infringing upon any copyright that you hold or control, you may send a notification of such alleged infringement to us in writing.
    11. Such notification should identify the works that are allegedly being infringed upon and the allegedly infringing material and give particulars of the alleged infringement. In response to such a notification, we will give a written notice of a claim of copyright infringement to the provider of the allegedly infringing material. If the provider of that material does not respond to us in writing denying the alleged infringement within 14 days after receipt of that notice, we will remove or block the allegedly infringing material as soon as is reasonably practicable.
    12. If the provider of that material responds to us in writing denying the alleged infringement, we will, as soon as is reasonably practicable, send a copy of that response to the original notifying party. If the original notifying party does not, within a further 14 days, file an action seeking a court order against the provider of the allegedly infringing material, we may restore any removed or blocked material at our discretion. If the original notifying party files such a legal action, we will remove or block the allegedly infringing material pending resolution of that legal action.
  6. DISCLAIMER OF WARRANTIES
    1. To the maximum extent permitted by law, askbella and its officers, employees, agents, consultants, licensors, partners and affiliates exclude all liability to you or any other person for any loss, cost, expense, claim or damage (whether arising in contract, negligence, tort, equity, statute or otherwise, and for any loss, whether it be consequential, indirect, incidental, special, punitive, exemplary or otherwise, including any loss of profits, loss or corruption of data or loss of goodwill) arising directly or indirectly out of, or in connection with, these Terms or the use of this Site by you or any other person.
    2. This Site is provided strictly on an "as is" basis. To the maximum extent permitted by law, the Company and its officers, employees, agents, consultants, licensors, partners and affiliates make no representation, warranty or guarantee as to the reliability, timeliness, quality, suitability, truth, availability, accuracy or completeness of this Site or any of its content, and in particular do not represent, warrant or guarantee that:
      • the use of this Site will be secure, timely, uninterrupted or error-free or operate in combination with any other hardware, software, system or data;
      • this Site will meet your requirements or expectations;
      • anything on this Site, or on any third-party website referred or linked to in this Site, is reliable, accurate, complete or up-to-date;
      • the quality of any Products, information or other material purchased or obtained through this Site will meet any particular requirements or expectations;
      • errors or defects will be corrected; or
      • this Site or the servers that make it available are free of viruses or other harmful components.
      • the use of this Site will be secure, timely, uninterrupted or error-free or operate in combination with any other hardware, software, system or data;
      • this Site will meet your requirements or expectations;
      • anything on this Site, or on any third-party website referred or linked to in this Site, is reliable, accurate, complete or up-to-date;
      • the quality of any Products, information or other material purchased or obtained through this Site will meet any particular requirements or expectations;
      • errors or defects will be corrected; or
      • this Site or the servers that make it available are free of viruses or other harmful components.
    1. To the maximum extent permitted by law, askbella and its officers, employees, agents, consultants, licensors, partners and affiliates exclude all liability to you or any other person for any loss, cost, expense, claim or damage (whether arising in contract, negligence, tort, equity, statute or otherwise, and for any loss, whether it be consequential, indirect, incidental, special, punitive, exemplary or otherwise, including any loss of profits, loss or corruption of data or loss of goodwill) arising directly or indirectly out of, or in connection with, these Terms or the use of this Site by you or any other person.
    2. This Site is provided strictly on an "as is" basis. To the maximum extent permitted by law, the Company and its officers, employees, agents, consultants, licensors, partners and affiliates make no representation, warranty or guarantee as to the reliability, timeliness, quality, suitability, truth, availability, accuracy or completeness of this Site or any of its content, and in particular do not represent, warrant or guarantee that:
      • the use of this Site will be secure, timely, uninterrupted or error-free or operate in combination with any other hardware, software, system or data;
      • this Site will meet your requirements or expectations;
      • anything on this Site, or on any third-party website referred or linked to in this Site, is reliable, accurate, complete or up-to-date;
      • the quality of any Products, information or other material purchased or obtained through this Site will meet any particular requirements or expectations;
      • errors or defects will be corrected; or
      • this Site or the servers that make it available are free of viruses or other harmful components.
      • the use of this Site will be secure, timely, uninterrupted or error-free or operate in combination with any other hardware, software, system or data;
      • this Site will meet your requirements or expectations;
      • anything on this Site, or on any third-party website referred or linked to in this Site, is reliable, accurate, complete or up-to-date;
      • the quality of any Products, information or other material purchased or obtained through this Site will meet any particular requirements or expectations;
      • errors or defects will be corrected; or
      • this Site or the servers that make it available are free of viruses or other harmful components.
  7. LIMITAITON OF LIABILITY
    1. Exclusion of liabilityExclusion of liability
    2. To the maximum extent permitted by law, askbella and its officers, employees, agents, consultants, licensors, partners and affiliates exclude all liability to you or any other person for any loss, cost, expense, claim or damage (whether arising in contract, negligence, tort, equity, statute or otherwise, and for any loss, whether it be consequential, indirect, incidental, special, punitive, exemplary or otherwise, including any loss of profits, loss or corruption of data or loss of goodwill) arising directly or indirectly out of, or in connection with, these Terms or the use of this Site by you or any other person.
    3. Remedies limitedRemedies limited
    4. To the maximum extent permitted by law, the Company and its officers, employees, agents, consultants, licensors, partners and affiliates expressly limit their liability for breach of any non-excludable condition or warranty/guarantee implied by virtue of any legislation to the following remedies (the choice of which is to be at the Company's sole discretion):
      • in the case of services:
        • the supply of the services again; or
        • where applicable, the payment of the cost of having the services supplied again.
        • the supply of the services again; or
        • where applicable, the payment of the cost of having the services supplied again.
      • in the case of services:
        • the supply of the services again; or
        • where applicable, the payment of the cost of having the services supplied again.
        • the supply of the services again; or
        • where applicable, the payment of the cost of having the services supplied again.
    5. ReleaseRelease
    6. You agree that your use of this Site is at your own discretion and risk. You agree to release askbella and its officers, employees, agents, consultants, licensors, partners and affiliates from any claim, demand or cause of action that you may have against any of them arising from these Terms or the use of this Site by you or any other person. askbella may plead this release as a bar and complete defence to any claims or proceedings.
    7. Force majeureForce majeure
    8. To the maximum extent permitted by law, and without limiting any other provision of these Terms, askbella excludes liability for any delay in performing any of its obligations under these Terms where such delay is caused by circumstances beyond the reasonable control of askbella, and askbella shall be entitled to a reasonable extension of time for the performance of such obligations.
      Exclusion of liabilityExclusion of liability
    1. To the maximum extent permitted by law, askbella and its officers, employees, agents, consultants, licensors, partners and affiliates exclude all liability to you or any other person for any loss, cost, expense, claim or damage (whether arising in contract, negligence, tort, equity, statute or otherwise, and for any loss, whether it be consequential, indirect, incidental, special, punitive, exemplary or otherwise, including any loss of profits, loss or corruption of data or loss of goodwill) arising directly or indirectly out of, or in connection with, these Terms or the use of this Site by you or any other person.
    2. Remedies limitedRemedies limited
    3. To the maximum extent permitted by law, the Company and its officers, employees, agents, consultants, licensors, partners and affiliates expressly limit their liability for breach of any non-excludable condition or warranty/guarantee implied by virtue of any legislation to the following remedies (the choice of which is to be at the Company's sole discretion):
      • in the case of services:
        • the supply of the services again; or
        • where applicable, the payment of the cost of having the services supplied again.
        • the supply of the services again; or
        • where applicable, the payment of the cost of having the services supplied again.
      • in the case of services:
        • the supply of the services again; or
        • where applicable, the payment of the cost of having the services supplied again.
        • the supply of the services again; or
        • where applicable, the payment of the cost of having the services supplied again.
    4. ReleaseRelease
    5. You agree that your use of this Site is at your own discretion and risk. You agree to release askbella and its officers, employees, agents, consultants, licensors, partners and affiliates from any claim, demand or cause of action that you may have against any of them arising from these Terms or the use of this Site by you or any other person. askbella may plead this release as a bar and complete defence to any claims or proceedings.
    6. Force majeureForce majeure
    7. To the maximum extent permitted by law, and without limiting any other provision of these Terms, askbella excludes liability for any delay in performing any of its obligations under these Terms where such delay is caused by circumstances beyond the reasonable control of askbella, and askbella shall be entitled to a reasonable extension of time for the performance of such obligations.
  8. DEALINGS WITH THIRD PARTIES
    1. Third Party SitesThird Party Sites
    2. We make available through our Site, links to third-party websites. These links will allow you to leave our Site. These third party websites are not under our control and we do not accept any responsibility for the content, privacy practices, functions, accuracy, legality or appropriateness of any linked website or any link contained in a linked website, or any changes or updates to such site, and as such the third party websites will have their own terms and conditions of use with which you should familiarise yourself When you access third party resources on the internet, you do so at your own risk. Our links with any third party website should not be construed as an endorsement, approval or recommendation by us of the owners or operators of those linked third-party websites.
    3. You acknowledge and agree that askbella shall not be responsible or liable, either directly or indirectly for any loss or damage caused by or in connection with your use of or reliance upon any content or the purchase of other goods or services obtained on such website(s).
    4. Content supplied by third partiesContent supplied by third parties
    5. This Site at various points, allows third parties (including other users of the Site) to advertise goods and/or services and to upload information and other content directly to this Site for our users to access. We do not act as agent for any such third parties and we take no responsibility, and assume no liability, for:
      • any such content that is, or may reasonably be considered to be, abusive, harassing, harmful, obscene, indecent, inflammatory, violent, profane, racially, ethnically or otherwise objectionable, libellous, defamatory, deceptive, pornographic, sexually explicit, unlawful or plagiarised;
      • any of the information supplied by such third parties (including opinions, ideas, suggestions, comments, observations, text, photographs, videos, data, music, sounds, chat messages, files or any other material); and/or
      • any loss or damage that results from any dealings that you may have with such third parties.
      • any such content that is, or may reasonably be considered to be, abusive, harassing, harmful, obscene, indecent, inflammatory, violent, profane, racially, ethnically or otherwise objectionable, libellous, defamatory, deceptive, pornographic, sexually explicit, unlawful or plagiarised;
      • any of the information supplied by such third parties (including opinions, ideas, suggestions, comments, observations, text, photographs, videos, data, music, sounds, chat messages, files or any other material); and/or
      • any loss or damage that results from any dealings that you may have with such third parties.
    6. Third party goods/services and websitesThird party goods/services and websites
    7. We do not endorse any third party goods or services that are listed (including by other users of the Site), advertised, or referred to in this Site or the content of any third party websites. We are not responsible for the content of linked third party websites, websites framed within this Site or third party advertisements, and we do not make any representations, or provide any guarantees or warranties, regarding their content or accuracy. These links may unintentionally connect with websites containing information that some users may find inappropriate or offensive. Your use of any third party websites is at your own risk and subject to their respective terms and conditions of use.
    8. User acknowledgementsUser acknowledgements
    9. You acknowledge that askbella does not:
      • check the truth or currency of any of the material or information that third parties provide or make available through this Site (including information published and/or disseminated by other users of the Site);
      • control, endorse, approve or warrant to you the merchantability or fitness for any particular purpose of any of the goods or services of any third parties (including other users of the Site) referred to in this Site or whose identities become known to you through this Site, including suppliers of content that is published or made available in or through this Site;
      • offer professional advice on the quality or suitability of any goods, services or information supplied by any such third parties (including other users of the Site); or
      • endorse or recommend any third party supplier (including other users of the Site) or any third party goods or services, including where details of the relevant supplier are provided by askbella to you or otherwise become known to you through this Site.
      • check the truth or currency of any of the material or information that third parties provide or make available through this Site (including information published and/or disseminated by other users of the Site);
      • control, endorse, approve or warrant to you the merchantability or fitness for any particular purpose of any of the goods or services of any third parties (including other users of the Site) referred to in this Site or whose identities become known to you through this Site, including suppliers of content that is published or made available in or through this Site;
      • offer professional advice on the quality or suitability of any goods, services or information supplied by any such third parties (including other users of the Site); or
      • endorse or recommend any third party supplier (including other users of the Site) or any third party goods or services, including where details of the relevant supplier are provided by askbella to you or otherwise become known to you through this Site.
    10. Disputes between usersDisputes between users
    11. You are solely responsible for your interactions with other users listed on this Site and askbella is not a party to any transactions between you and such user. We reserve the right, but have no obligation, to monitor and take action regarding any disputes between users.
      Third Party SitesThird Party Sites
    1. We make available through our Site, links to third-party websites. These links will allow you to leave our Site. These third party websites are not under our control and we do not accept any responsibility for the content, privacy practices, functions, accuracy, legality or appropriateness of any linked website or any link contained in a linked website, or any changes or updates to such site, and as such the third party websites will have their own terms and conditions of use with which you should familiarise yourself When you access third party resources on the internet, you do so at your own risk. Our links with any third party website should not be construed as an endorsement, approval or recommendation by us of the owners or operators of those linked third-party websites.
    2. You acknowledge and agree that askbella shall not be responsible or liable, either directly or indirectly for any loss or damage caused by or in connection with your use of or reliance upon any content or the purchase of other goods or services obtained on such website(s).
    3. Content supplied by third partiesContent supplied by third parties
    4. This Site at various points, allows third parties (including other users of the Site) to advertise goods and/or services and to upload information and other content directly to this Site for our users to access. We do not act as agent for any such third parties and we take no responsibility, and assume no liability, for:
      • any such content that is, or may reasonably be considered to be, abusive, harassing, harmful, obscene, indecent, inflammatory, violent, profane, racially, ethnically or otherwise objectionable, libellous, defamatory, deceptive, pornographic, sexually explicit, unlawful or plagiarised;
      • any of the information supplied by such third parties (including opinions, ideas, suggestions, comments, observations, text, photographs, videos, data, music, sounds, chat messages, files or any other material); and/or
      • any loss or damage that results from any dealings that you may have with such third parties.
      • any such content that is, or may reasonably be considered to be, abusive, harassing, harmful, obscene, indecent, inflammatory, violent, profane, racially, ethnically or otherwise objectionable, libellous, defamatory, deceptive, pornographic, sexually explicit, unlawful or plagiarised;
      • any of the information supplied by such third parties (including opinions, ideas, suggestions, comments, observations, text, photographs, videos, data, music, sounds, chat messages, files or any other material); and/or
      • any loss or damage that results from any dealings that you may have with such third parties.
    5. Third party goods/services and websitesThird party goods/services and websites
    6. We do not endorse any third party goods or services that are listed (including by other users of the Site), advertised, or referred to in this Site or the content of any third party websites. We are not responsible for the content of linked third party websites, websites framed within this Site or third party advertisements, and we do not make any representations, or provide any guarantees or warranties, regarding their content or accuracy. These links may unintentionally connect with websites containing information that some users may find inappropriate or offensive. Your use of any third party websites is at your own risk and subject to their respective terms and conditions of use.
    7. User acknowledgementsUser acknowledgements
    8. You acknowledge that askbella does not:
      • check the truth or currency of any of the material or information that third parties provide or make available through this Site (including information published and/or disseminated by other users of the Site);
      • control, endorse, approve or warrant to you the merchantability or fitness for any particular purpose of any of the goods or services of any third parties (including other users of the Site) referred to in this Site or whose identities become known to you through this Site, including suppliers of content that is published or made available in or through this Site;
      • offer professional advice on the quality or suitability of any goods, services or information supplied by any such third parties (including other users of the Site); or
      • endorse or recommend any third party supplier (including other users of the Site) or any third party goods or services, including where details of the relevant supplier are provided by askbella to you or otherwise become known to you through this Site.
      • check the truth or currency of any of the material or information that third parties provide or make available through this Site (including information published and/or disseminated by other users of the Site);
      • control, endorse, approve or warrant to you the merchantability or fitness for any particular purpose of any of the goods or services of any third parties (including other users of the Site) referred to in this Site or whose identities become known to you through this Site, including suppliers of content that is published or made available in or through this Site;
      • offer professional advice on the quality or suitability of any goods, services or information supplied by any such third parties (including other users of the Site); or
      • endorse or recommend any third party supplier (including other users of the Site) or any third party goods or services, including where details of the relevant supplier are provided by askbella to you or otherwise become known to you through this Site.
    9. Disputes between usersDisputes between users
    10. You are solely responsible for your interactions with other users listed on this Site and askbella is not a party to any transactions between you and such user. We reserve the right, but have no obligation, to monitor and take action regarding any disputes between users.
  9. GENERAL
    1. InterpretationInterpretation
    2. In these Terms, the following rules of interpretation apply:
      • headings are for reference purposes only and in no way define, limit or describe the scope or extent of any provision in these Terms;
      • these Terms may not be construed adversely against askbella solely because askbella prepared them;
      • the singular includes the plural and vice-versa;
      • a reference to a "person" includes an individual, a firm, a corporation, a body corporate, a partnership, an unincorporated body, an association, a government body or any other entity; and
      • the meaning of general words is not limited by specific examples introduced by "including", "for example", "in particular" or similar expressions.
      • headings are for reference purposes only and in no way define, limit or describe the scope or extent of any provision in these Terms;
      • these Terms may not be construed adversely against askbella solely because askbella prepared them;
      • the singular includes the plural and vice-versa;
      • a reference to a "person" includes an individual, a firm, a corporation, a body corporate, a partnership, an unincorporated body, an association, a government body or any other entity; and
      • the meaning of general words is not limited by specific examples introduced by "including", "for example", "in particular" or similar expressions.
    3. NotificationsNotifications
    4. Askbella may provide any notification for the purposes of these Terms by email.
    5. CostsCosts
    6. Except as specifically provided in these Terms, each party must bear its own legal, accounting and other costs associated with these Terms.
    7. AssignmentAssignment
    8. You may not assign, transfer or sub-contract any of your rights or obligations under these Terms without askbella's prior written consent.
    9. Askbella may assign, transfer or sub-contract any of its rights or obligations under these Terms at any time without notice to you.
    10. Third Party RightsThird Party Rights
    11. The agreement set out in these Terms are between you and us and no other person shall have any rights to enforce any of its terms.
    12. No waiverNo waiver
    13. Waiver of any power or right under these Terms must be in writing signed by the party entitled to the benefit of that power or right and is effective only to the extent set out in that written waiver. Any failure by askbella to act with respect to a breach by you or others does not waive askbella's right to act with respect to that breach or any subsequent or similar breaches.
    14. SeverabilitySeverability
    15. The provisions of these Terms are severable and, if any provision of these Terms is held to be illegal, invalid or unenforceable under present or future law, such provision may be removed and the remaining provisions shall be enforced.
    16. VariationVariation
    17. Askbella reserves the right to amend these Terms and any other policy on this Site at any time in its sole discretion and any such changes will, unless otherwise noted, be effective immediately. Your continued usage of this Site will mean you accept those amendments. We reserve the right, without notice and at our sole discretion, to change, suspend, discontinue or impose limits on any aspect or content of this Site or the Products offered through this Site.
    18. You may only vary or amend these Terms by written agreement with askbella.
    19. Entire AgreementEntire Agreement
    20. These Terms, together with our Privacy Policy, sets out the entire agreement between you and us in respect of your use of our Site and the Products offered through this Site.
    21. Dispute ResolutionDispute Resolution
    22. The parties agree:
      • to attempt in good faith to resolve any dispute between them in connection with any matter arising out of these Terms;
      • any agreement reached between the parties must be reduced to writing and will be binding on the parties;
      • where a dispute cannot be resolved informally as between the parties, and a period of ten (10) business days has elapsed, the parties must seek to agree on the procedural rules and timetable for resolving the dispute through mediation; and
      • such mediation is to occur by the appointment of a suitable mediator appointed by the parties, or in the absence of agreement, a mediator appointed by the Resolution Institute, or any entity which replaces it.
      • to attempt in good faith to resolve any dispute between them in connection with any matter arising out of these Terms;
      • any agreement reached between the parties must be reduced to writing and will be binding on the parties;
      • where a dispute cannot be resolved informally as between the parties, and a period of ten (10) business days has elapsed, the parties must seek to agree on the procedural rules and timetable for resolving the dispute through mediation; and
      • such mediation is to occur by the appointment of a suitable mediator appointed by the parties, or in the absence of agreement, a mediator appointed by the Resolution Institute, or any entity which replaces it.
      The Parties otherwise agree to submit to the jurisdiction of the Courts of New South Wales and, if applicable, the Commonwealth of Australia, in the event a dispute arising from the use of this Site or these Terms cannot be resolved.
    23. Governing law and jurisdictionGoverning law and jurisdiction
    24. These Terms will be governed in all respects by the laws of New South Wales. The parties irrevocably submit to the non-exclusive jurisdiction of the courts of New South Wales and the courts of appeal from them.
    25. Contact usContact us
    26. Askbella prides itself on providing an exceptional customer service and we are always looking to improve on the Services we offer. If you have any queries, concerns or you are unhappy with our Site and/or the Services provided, and you would like to contact us, please do so by writing to us at ask@askbella.com.au. We will endeavour to respond to you as soon as reasonably practicable.
      InterpretationInterpretation
    1. In these Terms, the following rules of interpretation apply:
      • headings are for reference purposes only and in no way define, limit or describe the scope or extent of any provision in these Terms;
      • these Terms may not be construed adversely against askbella solely because askbella prepared them;
      • the singular includes the plural and vice-versa;
      • a reference to a "person" includes an individual, a firm, a corporation, a body corporate, a partnership, an unincorporated body, an association, a government body or any other entity; and
      • the meaning of general words is not limited by specific examples introduced by "including", "for example", "in particular" or similar expressions.
      • headings are for reference purposes only and in no way define, limit or describe the scope or extent of any provision in these Terms;
      • these Terms may not be construed adversely against askbella solely because askbella prepared them;
      • the singular includes the plural and vice-versa;
      • a reference to a "person" includes an individual, a firm, a corporation, a body corporate, a partnership, an unincorporated body, an association, a government body or any other entity; and
      • the meaning of general words is not limited by specific examples introduced by "including", "for example", "in particular" or similar expressions.
    2. NotificationsNotifications
    3. Askbella may provide any notification for the purposes of these Terms by email.
    4. CostsCosts
    5. Except as specifically provided in these Terms, each party must bear its own legal, accounting and other costs associated with these Terms.
    6. AssignmentAssignment
    7. You may not assign, transfer or sub-contract any of your rights or obligations under these Terms without askbella's prior written consent.
    8. Askbella may assign, transfer or sub-contract any of its rights or obligations under these Terms at any time without notice to you.
    9. Third Party RightsThird Party Rights
    10. The agreement set out in these Terms are between you and us and no other person shall have any rights to enforce any of its terms.
    11. No waiverNo waiver
    12. Waiver of any power or right under these Terms must be in writing signed by the party entitled to the benefit of that power or right and is effective only to the extent set out in that written waiver. Any failure by askbella to act with respect to a breach by you or others does not waive askbella's right to act with respect to that breach or any subsequent or similar breaches.
    13. SeverabilitySeverability
    14. The provisions of these Terms are severable and, if any provision of these Terms is held to be illegal, invalid or unenforceable under present or future law, such provision may be removed and the remaining provisions shall be enforced.
    15. VariationVariation
    16. Askbella reserves the right to amend these Terms and any other policy on this Site at any time in its sole discretion and any such changes will, unless otherwise noted, be effective immediately. Your continued usage of this Site will mean you accept those amendments. We reserve the right, without notice and at our sole discretion, to change, suspend, discontinue or impose limits on any aspect or content of this Site or the Products offered through this Site.
    17. You may only vary or amend these Terms by written agreement with askbella.
    18. Entire AgreementEntire Agreement
    19. These Terms, together with our Privacy Policy, sets out the entire agreement between you and us in respect of your use of our Site and the Products offered through this Site.
    20. Dispute ResolutionDispute Resolution
    21. The parties agree:
      • to attempt in good faith to resolve any dispute between them in connection with any matter arising out of these Terms;
      • any agreement reached between the parties must be reduced to writing and will be binding on the parties;
      • where a dispute cannot be resolved informally as between the parties, and a period of ten (10) business days has elapsed, the parties must seek to agree on the procedural rules and timetable for resolving the dispute through mediation; and
      • such mediation is to occur by the appointment of a suitable mediator appointed by the parties, or in the absence of agreement, a mediator appointed by the Resolution Institute, or any entity which replaces it.
      • to attempt in good faith to resolve any dispute between them in connection with any matter arising out of these Terms;
      • any agreement reached between the parties must be reduced to writing and will be binding on the parties;
      • where a dispute cannot be resolved informally as between the parties, and a period of ten (10) business days has elapsed, the parties must seek to agree on the procedural rules and timetable for resolving the dispute through mediation; and
      • such mediation is to occur by the appointment of a suitable mediator appointed by the parties, or in the absence of agreement, a mediator appointed by the Resolution Institute, or any entity which replaces it.
      The Parties otherwise agree to submit to the jurisdiction of the Courts of New South Wales and, if applicable, the Commonwealth of Australia, in the event a dispute arising from the use of this Site or these Terms cannot be resolved.
    22. Governing law and jurisdictionGoverning law and jurisdiction
    23. These Terms will be governed in all respects by the laws of New South Wales. The parties irrevocably submit to the non-exclusive jurisdiction of the courts of New South Wales and the courts of appeal from them.
    24. Contact usContact us
    25. Askbella prides itself on providing an exceptional customer service and we are always looking to improve on the Services we offer. If you have any queries, concerns or you are unhappy with our Site and/or the Services provided, and you would like to contact us, please do so by writing to us at ask@askbella.com.au. We will endeavour to respond to you as soon as reasonably practicable.
  10. Schedule 1 - Prohibited conduct
  11. YOU MUST NOT:YOU MUST NOT:
    • use any device, routine or software that interferes, or attempt to interfere, with the proper working of this Site;
    • engage in any action that requires, or may require, an unreasonable or excessively large load on our infrastructure;
    • use this Site to decipher passwords or security encryption codes, transmit any worms, viruses or Trojan horses, transfer or store illegal, threatening or obscene material or otherwise violate the security of any computer network;
    • use this Site to violate any applicable local, state, national or international law, to engage in any misleading or deceptive online marketing practices or for any fraudulent or malicious purposes;
    • use any spider, robot or search/retrieval application or any screen scraping, data mining or similar data gathering device, process, program or means to access, retrieve or index any portion of this Site;
    • use this Site by any automated means;
    • use this Site to transmit junk mail, spam or chain letters or pyramid schemes or engage in other flooding techniques or mass distribution of unsolicited email;
    • access, retrieve or index any portion of this Site for use in constructing or populating any database that is searchable online or for the purpose of soliciting or sharing reviews;
    • interfere with the display of any advertisements appearing on or in connection with this Site;
    • reverse engineer, decompile, disassemble, adapt, modify, translate, frame or reformat any of the material contained on this Site;
    • reproduce, duplicate, copy or store any of the material appearing on this Site other than for your own personal and non-commercial use;
    • falsely imply that any other website is associated with this Site;
    • do anything that leads, or may lead, to a decrease in the value of askbella's intellectual property rights in this Site;
    • use or exploit any of the material appearing on this Site for, or in connection with, any business or enterprise (whether for profit or otherwise), including any business or enterprise that is in competition with this Site;
    • release to the public any news release, advertising material, promotional material or any other form of publicity or information relating to askbella without askbella's prior written consent; or
    • use this Site to transmit any information or material that is, or may reasonably be considered to be:
      • abusive, threatening, harassing, harmful, obscene, indecent, lewd, inflammatory, violent, vulgar, profane, racially, ethnically or otherwise objectionable or offensive in any way;
      • libellous, defamatory, pornographic, sexually explicit, unlawful or plagiarised;
      • infringing upon or violating any copyright, trademark, patent or other intellectual property or proprietary right;
      • in breach of any duty of confidentiality by which you are bound, whether by way of a fiduciary or contractual relationship;
      • in breach of any person's privacy or publicity rights;
      • a misrepresentation of facts, including the impersonation of any person or entity or a misrepresentation of an affiliation with any person or entity (including any sponsorship or endorsement);
      • in violation of any applicable law, statute, ordinance or regulation, or encouraging of others to do so;
      • containing any political campaigning material, advertisements or solicitations; or
      • likely to bring askbella or any of its staff into disrepute.
      • abusive, threatening, harassing, harmful, obscene, indecent, lewd, inflammatory, violent, vulgar, profane, racially, ethnically or otherwise objectionable or offensive in any way;
      • libellous, defamatory, pornographic, sexually explicit, unlawful or plagiarised;
      • infringing upon or violating any copyright, trademark, patent or other intellectual property or proprietary right;
      • in breach of any duty of confidentiality by which you are bound, whether by way of a fiduciary or contractual relationship;
      • in breach of any person's privacy or publicity rights;
      • a misrepresentation of facts, including the impersonation of any person or entity or a misrepresentation of an affiliation with any person or entity (including any sponsorship or endorsement);
      • in violation of any applicable law, statute, ordinance or regulation, or encouraging of others to do so;
      • containing any political campaigning material, advertisements or solicitations; or
      • likely to bring askbella or any of its staff into disrepute.
    • use any device, routine or software that interferes, or attempt to interfere, with the proper working of this Site;
    • engage in any action that requires, or may require, an unreasonable or excessively large load on our infrastructure;
    • use this Site to decipher passwords or security encryption codes, transmit any worms, viruses or Trojan horses, transfer or store illegal, threatening or obscene material or otherwise violate the security of any computer network;
    • use this Site to violate any applicable local, state, national or international law, to engage in any misleading or deceptive online marketing practices or for any fraudulent or malicious purposes;
    • use any spider, robot or search/retrieval application or any screen scraping, data mining or similar data gathering device, process, program or means to access, retrieve or index any portion of this Site;
    • use this Site by any automated means;
    • use this Site to transmit junk mail, spam or chain letters or pyramid schemes or engage in other flooding techniques or mass distribution of unsolicited email;
    • access, retrieve or index any portion of this Site for use in constructing or populating any database that is searchable online or for the purpose of soliciting or sharing reviews;
    • interfere with the display of any advertisements appearing on or in connection with this Site;
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