Terms and Conditions
This page defines the terms and conditions (Terms) that will apply to users of our website located at thebhkitchen.com (The BHKitchen website) and to consumers buying The BHKitchen products online. This document forms a binding contractual agreement (Agreement) between you (the user of The BHKitchen Site) and us, The BHKitchen Pty Ltd (The BHKitchen).
These Terms are important and you should read them carefully. Contact us at info@thebhkitchen.com if you have any questions.
By using the The BHKitchen Site you acknowledge and agree that you have had sufficient opportunity to read and understand the Terms and you agree to be bound by them. If you do not agree to the Terms, please do not use the The BHKitchen Site.
1. Licence to use the The BHKitchen Site
1.1. We grant you a non-exclusive, worldwide, non-transferable licence to use the The BHKitchen Site in accordance with the Terms set out in this Agreement.
1.2. You may access and use the The BHKitchen Site (including any incidental copying that occurs as part of that use) in the normal manner and may also print one copy of any page within the The BHKitchen Site for your own personal, non-commercial use.
1.3. You must not add any content to the The BHKitchen Site:
1.3.1. unless you hold all necessary rights, licences and consent to do so;
1.3.2. that would cause you or us to breach any law, regulation, rule, code or other legal obligation;
1.3.3. that is or could reasonably be considered to be obscene, inappropriate, defamatory, disparaging, indecent, offensive, pornographic, threatening, abusive, liable to incite racial hatred, discriminatory, blasphemous, in breach of confidence or in breach of privacy;
1.3.4. that would bring us, or the The BHKitchen Site, into disrepute; or
1.3.5. that infringes the intellectual property or other rights of any person.
1.4. The The BHKitchen Site contains links to other websites as well as content added by people other than us. We do not endorse, sponsor or approve any such user generated content or any content available on any linked website.
1.5. You acknowledge that:
1.5.1. we retain complete editorial control over the The BHKitchen Site and may alter, amend or cease the operation of the The BHKitchen Site at any time in our sole discretion; and
1.5.2. the The BHKitchen Site may not operate on a continuous basis, and may be unavailable from time to time (including for maintenance purposes).
2. Intellectual Property Rights
2.1. Nothing in these Terms constitutes a transfer of any intellectual property rights. You acknowledge and agree that, as between you and us, we own all intellectual property rights in the The BHKitchen Site.
2.2. By posting or adding any content onto the The BHKitchen Site, you grant us a perpetual, non-exclusive, royalty-free, irrevocable, worldwide and transferable right and licence to use that content in any way (including, without limitation, by reproducing, changing, and communicating the content to the public) and permit us to authorise any other person to do the same thing.
2.3. You consent to any act or omission, which would otherwise constitute an infringement of your moral rights, and if you add any content in which any third party has moral rights, you must also ensure that the third party also consents in the same manner.
2.4. The licence in clause 2.2 will survive any termination of these Terms.
2.5. You represent and warrant to us that you have all necessary rights to grant the licences and consents set out in clauses 2.2 and 2.3.
3.1. You represent and warrant to us that:
3.1.1. you have the legal capacity to enter these Terms; and
3.1.2. you have complied with clause 1.3.
4. Liability
4.1. To the full extent permitted by law, we exclude all liability in respect of loss of data, interruption of business or any consequential or incidental damages.
4.2. To the full extent permitted by law, we exclude all representations, warranties or terms (whether express or implied) other than those expressly set out in these Terms.
4.3. These Terms are to be read subject to any legislation, which prohibits or restricts the exclusion, restriction or modification of any implied warranties, conditions, guarantees or obligations. If such legislation applies, to the extent possible, we limit our liability in respect of any claim to, at our option, in the case of goods:
4.3.1. the replacement of the goods or the supply of equivalent goods;
4.3.2. the repair of the goods;
4.3.3. the payment of the cost of replacing the goods or of acquiring equivalent goods; or
4.3.4. the payment of having the goods repaired.
4.4. The BHKitchen is not liable for any customs duties or charges that may be imposed upon the collection of your Magnetic Spice Jars.
5. Termination
5.1. This Agreement terminates automatically if, for any reason, we cease to operate the The BHKitchen Site.
5.2. We may otherwise terminate this Agreement immediately, on notice to you, if you have breached these Terms in any way.
6. General
6.1. You must not assign, sub-licence or otherwise deal in any other way with any of your rights under these Terms.
6.2. If a provision of these Terms is invalid or unenforceable it is to be read down or severed to the extent necessary without affecting the validity or enforceability of the remaining provisions.
6.3. Each party must at its own expense do everything reasonably necessary to give full effect to this Agreement and the events contemplated by it.
6.4. This Agreement is governed by the laws of the State of Victoria, Australia and each party submits to the jurisdiction of the Courts in that State.
6.5. No part of the The BHKitchen Site may be reproduced in any manner without express written permission from The BHKitchen.
6.6. The BHKitchen reserves all its legal rights.