Shipping policy

Website Terms and Conditions

  1. This website, www.bluedinosaur.com.au ("Website") is owned and operated by Blue Dinosaur Pty Ltd ABN 89 159 791 376 ("Blue Dinosaur", "we", "our" or "us") for the benefit of individuals and entities interested in our products and/or services.
  2. These website terms and conditions ("Terms of Use") apply to your use of the Website and by using the Website you agree to be bound by these Terms of Use.
  3. Please read these Terms of Use prior to purchasing any goods and/or using our services.
  4. Please read these Terms of Use carefully. If you do not agree to these Terms of Use, you should not obtain or use information, services or goods from this Website.

Information

  1. All information displayed on the Website is current at the time of display and any reference to currency is a reference to Australian Dollars. We take every reasonable care to ensure accuracy of all information. However, Blue Dinosaur is not liable for any errors in pricing and descriptions. It is your responsibility to enquire with us directly to ensure the accuracy and currency of the material or information you seek to rely upon.
  2. Blue Dinosaur has made all reasonable efforts to ensure that all information on this Website is accurate at the time of publication, but we provide no guarantees, warranties or undertakings that the information contained on this Website is accurate, complete or up-to-date. There may be errors on this Website for which Blue Dinosaur apologises and disclaims all liability.
  3. We may from time to time, before purchasing any goods from this Website, require you to enter into the relevant agreement for the purchase of the goods, and execute all other necessary documents.

Access and use of the Website

  1. You acknowledge and accept that access to and use of parts of the Website may:
    1. be restricted to members and account holders;
    2. be subject to our Terms and Conditions of Sale as well as these Terms of Use; or
    3. require a payment of a fee.
  2. You acknowledge and accept that imposition or removal of any access or use restrictions for any part of the Website is at Our sole discretion.

Registering an Account

  1. It may be necessary for you to register an account to access various services and products.
  2. To register an account, you must follow the account registration procedures as provided on the Website which may include you being required to:
    1. signify your acceptance of these Terms of Use, in addition to any other conditions which apply to the use of a product or service which are displayed on the Website at that time;
    2. validly enter your email address, a password and all other information requested in the registration section of the Website; and
  3. Accepting these Terms of Use and any additional terms and conditions (including our Terms and Conditions of Sale) displayed during the registration process is an important part of the registration process and you should carefully read these Terms of Use and any additional terms and conditions which apply before registering an account with Us.
  4. If you elect to register an account with the Website and / or participate in any promotions, you agree to:
    1. provide true, accurate, current and complete information about yourself; and
    2. maintain and promptly update such information to keep it accurate. If You provide any information that is untrue, inaccurate, or incomplete, or We have reasonable grounds to suspect the information you provide is untrue, inaccurate or incomplete, We reserve the right to suspend or terminate your account (including any payments or pending orders) and refuse any and all current or future use of the Website (or any portion thereof).
  5. In registering an account, you may be required to select a username. You agree that account usernames may be refused, changed, removed or replaced by Us for reasons including, but not limited to, where an account username is used to impersonate another person, if a username is offensive or violates third party intellectual property rights.
  6. In registering an account you will be required to select a password.
  7. You
    1. must keep your account password confidential;
    2. must ensure that you "log off" and or exit from your account at the end of each session;
    3. are responsible for any activities or transactions (including payment by you to Us in exchange for products or services) made using your account;
    4. must immediately notify Us of any unauthorised access or use of your account via the contact us section of the Website; and
    5. agree and accept that We are not liable for any damage or loss which results from unauthorised access to your account.
  8. Unless otherwise stated in any additional account registration terms, your account is not transferrable and you may only register one Account. Accordingly, you agree not to transfer your username or password, or lend or otherwise transfer your use of or access to the Website, to any third party without our consent.

Termination of Account

  1. You agree that We, in Our sole and absolute discretion, may terminate, delete or deactivate your username, password, account (or any part thereof) or use of the Website, for any or no reason, including, without limitation, if we believe that you have violated or acted inconsistently with these Terms of Use and / or Our Terms and Conditions of Sale.
  2. You agree that any termination of your access to the Website under any provision of these Terms of Useand / or Our Terms and Conditions of Sale may be effected without prior notice, and acknowledge and agree that We may immediately deactivate or delete your account and all related information in your account and / or bar any further access to such information or to the Website. Further, you agree that We shall not be liable to you or any third-party for any termination of your access to the Website.
  3. Subject to any additional terms specific to an account, you may close your account at any time.
  4. We reserve the right, without notice to you and at Our complete discretion, to refuse to register your account or close your account if We believe you:
    1. have breached any part of these Terms of Use and / or Our Terms and Conditions of Sale;
    2. are likely to breach any part of these Terms of Use and / or Our Terms and Conditions of Sale; or
    3. have acted against Our business interests or reputation.

Links

  1. If you wish to establish a link to the Blue Dinosaur Website from your website, you must seek our prior written consent.
  2. This Website may from time to time contain hyperlinks to other websites. Such links are provided for convenience only and Blue Dinosaur is not responsible for the content and maintenance of or privacy compliance in relation to any linked website. Any hyperlink on our Website to another website does not necessarily imply our endorsement, support, or sponsorship of the operator of that website or of the information and/or goods that they provide.

Intellectual Property

  1. By accessing and using the Website and/or any associated products and services, you acknowledge and agree:
    1. that We are the owner of all rights, titles and interests in all present and future rights to trade marks, domain names, logos, patents, inventions, copyrights and all similar rights in any part of the world whether registered or unregistered, which directly or indirectly relate to any products or services utilised by or embodied by Us ("Intellectual Property") and you will not hinder, impede, invalidate or challenge Our ownership or entitlement to use or register any part of the Intellectual Property in any way, or do any act which may diminish the value of the Intellectual Property;
    2. that you have no right, title or interest in or to the Website, products or services;
    3. any use, downloading, uploading, transmission, distribution, copying, adaption, modification, communication or reproduction of any part of the Website, the content including but not limited to any data, information, e-Newsletters, software, text, blogs, images, movies, animations, links or other references to other websites, persons or information or any other digital media whether currently existing or not that may be displayed, delivered through or otherwise embodied in the Website or the Intellectual Property is strictly prohibited unless necessary for and incidental to your access and use of the Website or with Our prior written authorisation.
  2. Blue Dinosaur and Our logo include, without limitation, trademarks, service marks or registered trademarks, and may not be copied, imitated, or used, in whole or in part, without Our prior written permission.
  3. Unless We have granted you a license to Our Intellectual Property, Our provision of access to the Website or its products and services to you does not give you any license to Our Intellectual Property. Any rights not expressly granted herein are reserved.

Security Risk

  1. Third parties may intercept or modify transmissions to and from this Website and it is possible that computer viruses or other defects may be contained in files obtained from or through this Website. Blue Dinosaur is not liable for any damage that may be a result of your use of this Website or of any linked Website.

Disclaimer

  1. Blue Dinosaur excludes any liability for any loss, liability or damage suffered by any person as a result of the use of this web site or reliance on any information from the Website.
  2. Blue Dinosaur is not responsible and accepts no liability for loss or damage arising from Website failures or downtime.

Liability

  1. To the fullest extent permitted by law:
    1. all conditions and warranties concerning the Website (whether as to quality, outcome, fitness, care, skill or otherwise) expressed or implied by statute, common law, equity, trade, custom or usage or otherwise are expressly excluded and in respect of those statutory warranties which cannot be excluded for any Products or Services provided by Us, Our liability to You is limited to the remedies contained in section 64A of the Australian Consumer Law (Cth), which you agree is your only remedy;
    2. in no event will We, Our officers, employees, agents, contractors, licensors, suppliers, or any other third parties mentioned on the Website be liable for any loss, costs or damages (including, without limitation, economic or consequential loss, lost profits or special damages) resulting from the use of or inability to use the Website, whether arising under statute or in contract, tort or any other legal doctrine, and whether or not We are or ought to have been aware of, or advised of the possibility of such loss, costs or damages; and
    3. remedies under these Terms of Use are exclusive and are limited to those expressly provided for in these Terms of Use.

Indemnity

  1. You indemnify Us, Our officers, directors, employees, consultants, representatives, agents and third-party providers (Indemnified Parties), from and against any and all losses (including but not limited to legal costs) suffered by and third-party claims made against any Indemnified Parties arising from your use of the Website or related products or services, your violation of these Terms of Use and / or Our Terms and Conditions of Sale, any applicable law or your infringement, or infringement by any other user of your account of any intellectual property or other right of any person or entity.

No Spam, Spyware or Spoofing

  1. You are prohibited from engaging in spam, spyware or spoofing type activities, regardless of whether directed towards Us or other users.
  2. You must not use Our website or its communication tools to send, upload or distribute spam, viruses or malicious, illegal or prohibited content to Our website or otherwise send content that would breach this Privacy Policy.
  3. We may (or We may engage a third party service provider to) take steps to scan and filter messages to check for spam, viruses, phishing attacks and other malicious activity or unlawful or content prohibited by this Privacy Policy and Our Terms of Sale.
  4. To report spam, spyware or spoof activities to Us, please email us at info@bluedinosaur.com.au.

Privacy Policy

  1. All personal information obtained by using the Blue Dinosaur Website is governed by Blue Dinosaur's Privacy Policy. By using the Website you agree with the Blue Dinosaur's Privacy Policy. If you do not agree to Blue Dinosaur's Privacy Policy, you should not provide your personal information to the Blue Dinosaur.
  2. Upon accepting these Terms of Use and the Privacy Policy you agree that the personal information collected may also be used to promote and inform you on other Blue Dinosaur products and services, which may interest you. You may notify us at any time that you no longer wish to receive any direct marketing by email at info@bluedinosaur.com.au.

Transactions

  1. All products displayed on this Website are sold subject to our Terms and Conditions of Sale, and by processing an Order any items off this Website, you agree to be bound by these Terms of Use.
  2. All Products displayed on this Website are displayed only as an invitation to treat. By placing an order via this Website you are making an offer to enter into an agreement with us on the terms prescribed in our Terms and Conditions of Sale, it is our sole discretion to accept or reject your offer.

General

  1. No waiver of any of these terms and conditions or failure to exercise a right or remedy by Blue Dinosaur will be considered to imply or constitute a further waiver by Blue Dinosaur of the same or any other term, condition, right or remedy.
  2. Blue Dinosaur reserves the right to modify any of the Terms of Use and Privacy Policy at any time.
  3. You agree that these Terms of Use and any other agreements referenced herein may be assigned by Us, in Our sole discretion, to a third party in the event of a merger or acquisition.
  4. We will not be responsible or liable for failure to perform any obligation under these Terms of Use and / or Our Terms and Conditions of Sale if such failure is caused by the occurrence of any matter beyond its reasonable control including, without limitation, industrial disputes, internet and communications outages, fire, flood, war, explosion, accident or act of God.
  5. To the extent that any part of these Terms of Use are invalid, unenforceable, illegal, void or voidable for any reason, then these Terms of Use will be construed and be binding as if the invalid, unenforceable, illegal, void or voidable part had been deleted from them or read down to the extent necessary to overcome the difficulty.
  6. These Terms of Use are governed by the laws of New South Wales, Australia. If any part of these Terms of Use is found to be invalid or unenforceable, it shall be served without affecting the remainder.