terms and conditions

 1. Welcome to Baeve Group Pty Ltd

Baeve Group Pty Ltd ACN 680 924 716 (we, us, our) owns and operates baeve.com.au and all of its subdomains (our Site), and various third-party social media and messaging sites, channels, pages, groups and forums (which, collectively with our Site and Personalised Services defined below, we will refer to as our Services).

2. Acceptance and Variation of Terms

Your permission to access and use our Services is conditional upon you agreeing to the terms and conditions set out below (Terms). You must read these Terms carefully.

By clicking an ‘accept’ button, purchasing a product from us (whether through our Site, or otherwise), creating an account, or accessing or using any part of our Services, you accept, or are deemed to have accepted (as the case may be), all of these Terms, as varied, modified or amended by us from time to time.

You agree that these Terms are legally enforceable and binding in the same manner as any written negotiated contract bearing your signature or seal. If you do not agree with these Terms, you must not create an account and must not access or use any part of our Services.

We reserve the right to modify, permanently or temporarily disable, or discontinue any part of our Services and to alter, amend or withdraw any part of these Terms, our Privacy Policy, or any information or material appearing on our Services at any time, without liability or further notice to you. Your continued use of our Services will constitute an automatic acceptance of any alterations, withdrawals or amendments made by us.

3. Acceptable Use

You agree that you are only authorised to use our Services for your own personal (and not commercial) use and for the following activities:

  1. accessing and using our Services; and
  2. any other purpose which we make known to you.

    You must not use our Services for any illegal purpose or activity, including but not limited to any act which causes, or may be likely to cause, physical harm to any person.

    Your access and use of our Services are subject to these Terms and any other terms and conditions of use that appear on our Services (including third party terms of use, such as those adopted by social media websites and platforms) and any click-and-accept end user licence terms, together with privacy policy terms and acceptable use standards.

    You agree not to use our Services to do any of the following:

    1. distribute malware or viruses;
    2. send unsolicited communications, promotions or advertisements (commonly referred to as spam);
    3. send false, misleading or deceptive source-identifying information, including ‘spoofing’ or ‘phishing’;
    4. send anything that is fraudulent, misleading, or infringes a third party’s rights;
    5. impersonate or misrepresent your affiliation with any person or entity; or
    6. breach any law, violate the privacy of a third party, or defame a third party.

    4. Minors

    Our Services are designed for use only by people who are 16 years of age or older. Persons under 16 years of age must only use our Services with the consent of their parent or legal guardian. We may, in our discretion, request you to provide evidence of such consent, if applicable.

    5. Accounts

    5.1 Account Creation

    Some of our Services may require you to:

    1. create an account with us; and
    2. provide us with a valid email address.

      You may be required to provide additional information to carry out certain activities, such as purchasing a product from us (creating an Order), as set out in our Privacy Policy.

      5.2 Acknowledgements

      When creating an account, you acknowledge and agree that:

      1. you will not provide any false personal information and will keep your personal information accurate and up-to-date;
      2. you will only create one account;
      3. you will not allow anyone else to access your account;
      4. you will not create a new account if your account is disabled;
      5. if you create an account using your user credentials from a third party site (such as Facebook or Google), your use of such credentials is subject to the relevant third party site’s terms of use and privacy policy, and you consent to us collecting such user credentials for the purpose of creating your account;
      6. we may alter any part of your user account if we receive a legitimate complaint, or otherwise form the view (in our sole discretion) that it is inappropriate or offensive; and
      7. we have the right to terminate your access to our Services, at any time, in our sole discretion, without prior notice to you.

        5.3 Account Deletion and Termination

        You may delete your account at any time either by using the in-built deletion facility on our Services (if any), or by contacting us by email at team@baeve.com.au.

        We reserve the right to delete your account/s on our Services at any time and for any reason, including but not limited to:

        • if you breach these Terms, or any other relevant third party terms and conditions, or we suspect that you have breached them; or
        • if you engage in any illegal, offensive, defamatory, or obscene conduct or behaviour.

        6. Orders and Cancellations

        6.1 Purchase Agreement

        By using our Services to purchase products, creating an order, you acknowledge that such purchases are subject to these Terms.

        6.2 Order Acceptance

        An order becomes effective upon the occurrence of the following:

        1. Submission of your order by you;
        2. Full payment of the purchase price, encompassing taxes, duties, and shipping fees, by you; and
        3. Issuance of an order confirmation by us.

          6.3 Offer to Purchase

          By placing an order, you are presenting an offer to procure the specified products or Services at the purchase price, which includes delivery charges, taxes, and any other applicable fees, as stated at the time of order placement. The products available on this Site, including any samples, are for personal use only. You may not sell or resell any products purchased or received from us.

          6.4 Baeve’s Rights Regarding Orders

          Baeve retains the rights to:

          1. Accept or reject your order, or any part thereof, for various reasons, including but not limited to the unavailability of certain products, limitations on purchase quantities, inaccuracies or pricing errors, suspicion of fraud, or order mistakes;
          2. Request identification, such as photo ID or other verification documentation, prior to order processing;
          3. Terminate an order for any rationale at any time; or
          4. Limit the quantity or total value of products available for purchase per individual or address.

            6.5 Notification and Resolution

            In instances where we exercise these rights, we will promptly notify you via email. We may propose alternative products, remove specific items from your order, or issue a refund for the purchase price where appropriate. Please note that Baeve shall not be held liable for any resulting loss or damage.

            6.6 Order Cancellation

            Until your order is accepted by us, either party reserves the right to cancel it. If the order is cancelled before acceptance, we will expeditiously refund any payments already made to your original payment method. The Terms applicable to an accepted order remain unchanged and are determined by the Terms in place at the time of order placement.

            6.7 Cancellation Policy

            Once placed, orders cannot be cancelled or modified, except as mandated by Australian Consumer Law.

            6.8 Liability for Cancellation

            If you possess the right to cancel an order, you acknowledge and accept liability for any direct or indirect losses incurred by Baeve due to the cancellation, including but not limited to loss of profits, to the maximum extent permitted by law.

            7. Personalised Services

            Our Personalised Services offer tailored skincare consultations to help you find products suited to your individual skin concerns and goals. After assessing factors like skin type, lifestyle, and current routine, our dedicated team member will provide personalised product recommendations.

            While we strive to recommend the best products for each customer, we do not guarantee that the suggested products will always be the right fit for your skin or achieve the desired results.

            8. Information

            The content, advice, and information provided on this Site and within our Services, including Personalised Services, are intended for general purposes only. It is not designed to replace professional advice that takes into account your specific needs and circumstances.

            8.1 Product Suitability

            Some products on this Site may not be suitable for customers with certain conditions, like pregnancy. While we will endeavour to provide product information cards with each item and include relevant details on their description pages on our Site, we cannot guarantee the completeness or accuracy of this information. It is solely your responsibility to carefully review the product descriptions and ensure their suitability for your needs, including any skin conditions or medications you may have. We recommend that you make an informed decision before purchasing.

            8.2 Regulatory Status


            Statements about products on this Site and Services have not been evaluated by the Australian Therapeutic Goods Administration or any other regulatory authority. These products and the information provided are not intended to diagnose, treat, cure, or prevent any medical condition or disease. Individual results may vary.

            8.3 Medical Advice


            The information on this Site and our Services, including Personalised Services, are not a substitute for professional medical advice. We strongly recommend consulting a qualified healthcare professional before using any products or acting on any information provided on our Site or Services, including Personalised Services. Always discuss your health concerns and treatment options with your doctor or healthcare provider. We do not provide medical guidance or prescription products or medications through this Site.

            If you are in need of medical attention, call emergency services or your physician immediately.

            8.4 Accuracy of Information


            While we strive to keep all information accurate and up to date, we cannot guarantee that product descriptions, ingredients, colours, or other content are error-free. We are not responsible for any loss or damage that may result from reliance on the information provided, to the extent permitted by law.

            8.5 Colour and Product Representation


            We make every effort to ensure the accuracy of product images and descriptions on this Site. However, the actual colour of products may differ slightly due to device settings, lighting conditions, or other factors beyond our control. Additionally, some brands may undergo repackaging or rebranding, so you may receive stock in older packaging, even though the product itself remains the same.

            8.6 No Endorsement


            References to products, services, trade marks, or other information on this Site do not imply endorsement or recommendation unless explicitly stated.

            9. Use of Product

            By purchasing products, you agree to use them solely for their intended purpose and in strict accordance with the provided instructions, precautions, and guidelines. Any other use will result in you assuming full responsibility for any loss or damage that may occur.

            It is essential to review the ingredient list for products to prevent potential allergic reactions.

            10. Product Recall or Ban

            In the event of a product recall or ban, you agree to comply with any reasonable instructions furnished by us regarding the return or disposal of affected products. You further consent to our communication with you on such matters and commit to informing any end-users, including gift recipients, of any applicable recall pertaining to the products.

            11. Delivery and Insurance

            All delivery charges are as quoted by us at the time of purchase and are subject to change by us at any time without notice to you.

            We will deliver all products purchased from us as soon as reasonably practicable after payment in full is received. Any dates or times for delivery specified by us, or any third party delivery contractor, are estimates only. We do not guarantee that our products will be delivered within any specific timeframe.

            All risk in product which you purchase from us shifts to you upon us handing over possession of the products to the relevant third party delivery contractor. If you experience issues with delivery, you acknowledge and agree that you must liaise directly with the relevant third party delivery contractor. We may, in our discretion, provide reasonable assistance to resolve any delivery issues.

            We may or may not allow you to purchase shipping or postage insurance, depending on your chosen method of delivery. Unless otherwise expressly stated by us, shipping or postage insurance does not apply to your order.

            If you specify an incorrect delivery address, or for any other reason delivery fails, and your purchased product/s are returned to us, we reserve the right to require you to pay for the cost of redelivering the product/s to you.

            12. Payment

            All prices are in Australian Dollars (AUD). The prices indicated on our Site may change at any time without advance notice to you.  All purchases will be charged at the price in force at the time the relevant order is validated.

            We offer visitors who want to purchase from our Site the option to pay by AfterPay, credit card or such other method of payment as notified by us from time to time.  You acknowledge and agree to make timely and full payments to us for any order. 

            Where you use a credit card, you warrant that you have the necessary rights and authority to use that credit card. You authorise us to automatically charge the credit card on file for any and all payment balances owed and agree to keep all billing information current at all times. 

            Where you fail to make payment or payment is declined for any reason, we may revoke your access to our Services, without refund. When making payments to us, you warrant that you have read the terms and conditions of any third party payment gateway provider or credit provider (e.g. Afterpay, Paypal, Stripe etc.) which are available on their respective websites.

            13. Retention of Title

            Despite any other provision of these Terms, all right and title to all products you purchase from us will remain with us until such time as the full sale price, including all applicable postage and handling fees, are paid in full by you, and there has been no chargeback or transfer recall initiated by you for a period of at least thirty (30) days after the date of purchase.

            14. Limited One Year Warranty

            If you are a resident of Australia: Our goods and services, come with guarantees that cannot be excluded under the Australian Consumer Law. You are entitled to a replacement or refund for a major failure and compensation for any other reasonably foreseeable loss or damage. You are also entitled to have the goods repaired or replaced if the goods fail to be of acceptable quality and the failure does not amount to a major failure.

            15. Sales Taxes, Customs and Import Duties

            Unless otherwise expressly stated, all prices and other amounts specified on our Services are exclusive of goods and services tax (GST), other applicable value-added taxes (VAT), and all customs and other import duties and other government imposts payable in your country of residence. You acknowledge and agree that, before purchasing products from us, you have investigated and agree to be solely responsible for paying all such taxes, duties and imposts in addition to the amounts charged by us to you.

            16. Refunds and Chargebacks

            To the greatest extent permitted by law, subject to anything in these Terms to the contrary, all fees and other monies paid or payable by you to us are non-refundable immediately upon payment by you. To the extent that we are liable under the law for any defect or issue, our liability is limited to the amount paid by you.

            If you initiate a transfer recall with your financial institution, or a chargeback on your credit or debit card, or take any similar action, you must pay us an administration fee of AUD $25.00 on demand. You must also return any products which you have received, but for which you have not paid in full. A failure to return such product/s will entitle us to recover the full sale price from you as a liquidated debt. You acknowledge, agree and consent to us setting off any such fees against any monies which we may owe to you from time to time.

            17. Promotions and Discounts

            We may offer promotions and discounts from time to time. All promotions and discounts are offered subject to these Terms and any other terms and conditions specified by us from time to time on our Services or by direct communication to you.

            To redeem promo codes, the code must be applied during the cart or checkout process. Promo codes cannot be added to completed orders, and no refunds or bonus products will be provided if the promo code is not applied correctly. Certain brands may be excluded from promo code applicability, as outlined here: Promo codes cannot be combined with other promo codes or applied to gift card purchases. Each promo code is redeemable once per customer only. We reserve the right to modify or withdraw any promo code offers at any time.

            18. Affiliate Program

            We may offer an affiliate program, which is subject to the terms and conditions which we publish on our Site, or otherwise notify to you. You acknowledge and agree that we may vary the terms and conditions applying to any affiliate program at any time without prior notice to you. Your continued use of our Services will constitute an automatic acceptance of any such variations made by us.

            19. User Content

            When you provide, send, upload, publish, transmit, or make any data, content, product reviews or material available to Baeve (User Content), you grant Baeve, its affiliates, licensees, and successors a non-exclusive, royalty-free, perpetual, irrevocable, worldwide, and fully sub-licensable right to use, communicate, reproduce, modify, adapt, publish, publicly perform, translate, create derivative works from, distribute, and display any such content. This includes, but is not limited to, text, images, videos, graphics, audio, and photographs without requiring attribution. These rights are granted for purposes including but not limited to fulfilling your order.

            By uploading, publishing, transmitting, or making User Content available to Baeve, you warrant and represent the following:

            1. You hold all intellectual property rights to the User Content and possess the authority to upload or make it available and license it to Baeve.
            2. Baeve’s use of the User Content will not infringe upon or violate any third-party rights, including defamation, intellectual property, moral rights, privacy rights, and will not result in any payment obligation to a third party.
            3. Any User Content associated with the Services or shared with other users is accurate, complete, truthful, and not misleading.
            4. The disclosure and use of User Content to Baeve will not harm other users or third parties or violate their rights, including patent, trademark, trade secret, copyright, or other intellectual property rights or rights to privacy.
            5. The User Content does not contain harmful elements like viruses, Trojan horses, worms, or disruptive code.
            6. The disclosure and use of User Content do not breach these Terms, other policies, or any applicable law.
            7. User Content is free from any obscene, pornographic, profane, sexually oriented, threatening, defamatory, abusive, offensive, indecent, harassing, inflammatory, inaccurate, fraudulent, or illegal content, including any racist, bigoted, hateful, or violent content.
            8. User Content does not promote harm or intimidation against any group or individual.
            9. The disclosure and use of User Content do not violate the privacy rights of any other person or their data protection rights.
            10. The disclosure and use of User Content do not harm the reputation of Baeve.
            11. User Content does not contain, promote, or enable illegal or unlawful activities.

              Baeve maintains the right, without the need for any justification or prior notice, to perform pre-screening, review, control, monitoring, rejection, deletion, or editing of User Content. However, Baeve is under no obligation to do so.

              You agree that Baeve may request you to remove, amend, or delete User Content, and you commit to complying with such requests within one (1) day upon receiving written notice.

              You recognise and consent to the fact that Baeve does not exert control over, assume responsibility for, or accept any liability for any content submitted by you, other Services users, or third parties. Baeve is not responsible for errors, defamatory content, omissions, falsehoods, obscenity, pornography, or profanity that you might come across. You further agree to release Baeve, its agents, officers, and employees from any such claims or liability. You acknowledge that User Content, as well as any other information or materials available through the Services, may be protected by copyright, whether or not it is explicitly identified as copyrighted.

              20. Security

              You must ensure that all login IDs and passwords required to access our Services are kept secure and confidential. We may support multi-factor authentication in order to access our Services, such as by requiring you to input one-time-use codes sent to the mobile number associated with your account, which we encourage you to use to secure your account.

              You must immediately notify us of any unauthorised use of your login IDs or passwords or any other breach of security.

              Where there is unauthorised access or a breach of security, we will take appropriate steps to rectify the unauthorised use or breach of security, including by, without limitation, cancelling and resetting the relevant login IDs and passwords, and you must take all other actions that we reasonably deem necessary or desirable to maintain or enhance the security of our computing systems and networks and your access to our Services.

              We will use all reasonable endeavours to ensure that we provide a secure environment for any data stored or hosted on our systems, including by encrypting your data. You acknowledge however that no information which is available on the Internet is completely secure and you agree that we will not be liable for any damage, loss, cost, liability, expense, injury or death of any kind and however arising including penalties, fines and interest whether prospective or contingent and any amounts that for the time being are not ascertained or ascertainable (Loss) suffered by you or any third party should our security measures (or those of any of our service providers) be overcome or breached.

              We maintain appropriate technical and operational measures, internal controls, and data security routines intended to protect your data against accidental loss or change, unauthorised disclosure or access, or unlawful destruction. We are not responsible for the security of any data stored on any personal computer, laptop, mobile or other device owned or controlled by you.

              21. No Interference

              You agree that you will not:

              • use our Services in any way that could damage our reputation or goodwill;
              • permit any person to access and use our Services other than in accordance with these Terms;
              • disable, tamper with or otherwise attempt to circumvent any billing mechanism that meters the use of our Services by you or any other person;
              • except to the extent that any applicable laws (including but not limited to copyright laws) prevent us from restraining you from doing so:
                • reproduce, make error corrections to or otherwise modify or adapt our Services or create any derivative works based upon our Services; or
                • decompile, disassemble or otherwise reverse engineer our Services or permit or facilitate any third party to do so;
              • when accessing and using our Services:
                • attempt to undermine the security or integrity of our computing systems or networks or, where our Services are hosted or operated by a third party, the third party's computing systems and networks;
                • use, or misuse, our Services in any way which may impair its functionality, or the functionality of any other system used to deliver our Services, or impair the ability of any third party to lawfully use our Services;
                • attempt to gain unauthorised access to any materials other than those to which you have been given express permission to access or to the computer system on which our Services are hosted or stored;
                • transmit, or input into our Services any information, data, files or other material that may damage any other person's computing devices or software, may be offensive, or which is in violation of any law (including material protected by copyright or trade secrets which you do not have the right to use);
                • attempt to modify, copy, adapt, reproduce, disassemble, decompile or reverse engineer any computer programs used to deliver or operate our Services, except as is strictly necessary to use either of them for normal operation;
                • remove or modify any program markings or any notice of proprietary rights, including those of any third party;
                • use any automated processes or means to access our Services;
                • use any software or manual repetition that will or is likely to interfere with our Services; or
              • attempt to cause stress or detriment to the proper working of our Services, such as by:
                • acting in any way likely to cause an unreasonable strain to the infrastructure of our Services;
                • reloading or refreshing transaction pages more than once every 5 seconds; or
                • requesting any page or section of our Apps more than 1000 times in aggregate in any 24-hour period.

              22. Availability 

              We will use our best endeavours to ensure that our Services are accessible on a continuous basis, 24 hours a day, seven days a week. However, we may, without notice, suspend all or part of any access to our Services immediately, including for the purpose of undertaking maintenance and updating of our Services, and in cases of emergency to prevent loss or damage to any person.

              While we will use all reasonable endeavours to ensure that you have continuous access to our Services, we will not be liable to you or any other person for any Loss to property or persons arising due to a loss of access, or an inability to access, our Services.

              23. Copyright

              Except as expressly stated by us, all text, images, audio recordings, video recordings, interfaces, guides, hints, tips, tutorials, and other information and content (Content) contained within our Services (including its coding, wording, design, graphics and logos) are owned by us or our affiliates and are protected by Australian and international copyright and trademark laws (as applicable).

              You may only retain copies of information if obtained incidentally to your viewing and kept for your own personal reference.

              24. Intellectual Property

              You acknowledge and agree that we or our affiliates own all rights, title and interest, including intellectual property rights and moral rights (IP Rights) in and to all of our products and Services, and any Content hosted or made available on or through our Services, and that nothing in these Terms has the effect of, or should be construed as having the effect of, passing ownership of any such IP Rights, or those of any third party, to you or any other person whatsoever.

              You further acknowledge and agree that we at all times retain ownership of all IP Rights created by or for us (whether or not related to our Services and whether created before or after the commencement of our agreement with you under these Terms) and, to the extent that any such IP Rights vest in you (by operation of law or otherwise), you hereby irrevocably assign, transfer and dispose of all such IP Rights to us with effect immediately upon such rights arising or vesting in you (as the case may be). To the extent that such assignment, transfer or disposal is not possible under the law, you irrevocably grant us a royalty-free, perpetual, worldwide licence to use, reproduce, modify, redevelop, sublicense, exploit and commercialise all such IP Rights as we see fit.

              You must not knowingly do any act or thing in relation to data which would infringe any third party’s IP Rights. You are solely responsible for obtaining any consent, approval, authority or licence from the holders of any IP Rights required to enable you to deal with any relevant data or to do any act or thing in relation to those IP Rights.

              25. Privacy

              These Terms are subject to our Privacy Policy which is incorporated by reference. By using our Services, you consent to us collecting your personal information. Please read our Privacy Policy so that you are aware of how we collect, use and disclose personal information.

              26. Third Party Sites and Content

              Our Services may contain links to third party websites outside our control (Third Party Sites). Our Services may also make available to you Content hosted by Third Party Sites (Third Party Content). We take no responsibility for Content contained in any Third Party Sites, or any Third Party Content made available by us to you. We do not endorse any aspect of any Third Party Sites or Third Party Content. We provide links to Third Party Sites, or access to Third Party Content, for convenience only. You access and use all Third Party Sites and Third Party Content entirely at your own risk.

              If you choose to purchase goods or services from a third party, including from a Third Party Site accessed from or through our Services, you are entering a separate agreement with that third party, and expressly agree that we are not a party to any such transaction.

              27. Continued Development

              You consent to us soliciting comments, information, requests, data, ideas, enhancement requests, recommendations, description of processes, or other information concerning our products and Services from you or any person (Feedback). We own all IP Rights in any Feedback and may use such Feedback for purposes related to our Services or the carrying out of services by us generally in our business activities without further approval or acknowledgement, and you hereby assign to us all IP Rights in any such Feedback.

              28. Off-Site Conduct

              It is a direct violation of these Terms for you to engage in an activity using information and Content obtained from our Services to contact, abuse, advertise, sell to, harass or harm any other person.

              29. Consequences for Violation

              If you violate these Terms in any way, you agree that we may in our sole discretion and without notice to you:

              1. take any legal action we may have available against you;
              2. block your use of our Services;
              3. suspend, deactivate, or delete your account/s on our Services; and/or
              4. disclose information about you and your use of our Services for investigation by any enforcement body for your unlawful activity.

                You agree that monetary damages may not be sufficient where your actions cause damage to us, whether by tarnishing our goodwill, causing a loss to sales or increasing our expenses and in such a case you consent to us obtaining injunctive or other equitable relief against you as a consequence of your violation.

                30. DISCLAIMER

                TO THE GREATEST EXTENT PERMITTED BY LAW, OUR PRODUCTS ARE SOLD ON AN 'AS IS' BASIS. THEY ARE ONLY INTENDED TO BE USED FOR THE PURPOSES FOR WHICH ITEMS OF A SIMILAR NATURE, MATERIAL COMPOSITION, AND/OR QUALITY ARE ORDINARILY USED. ALL USE OF OUR PRODUCTS MUST BE STRICTLY IN ACCORDANCE WITH MANUFACTURER SPECIFICATIONS OR GUIDELINES. WE ARE NOT RESPONSIBLE FOR ANY MISUSE OF OUR PRODUCTS.

                OUR SERVICES ARE DELIVERED ON AN 'AS IS' BASIS AND 'AS AVAILABLE' BASIS, SUBJECT TO ALL LATENT AND PATENT DEFECTS (IF ANY). IN THIS CONTEXT, WE DO NOT WARRANT THAT OUR SERVICES WILL BE ERROR-FREE OR UNINTERRUPTED. 

                ALL DUE CARE IS TAKEN IN ENSURING THAT OUR SERVICES ARE FREE OF ANY VIRUS, WORM, TROJAN HORSE AND/OR MALWARE, HOWEVER WE ARE NOT RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR DEVICE WHICH ARISES IN CONNECT WITH YOUR USE OF OUR SERVICES OR ANY THIRD PARTY SITE. 

                WE UNDERTAKE TO TAKE ALL DUE CARE WITH ANY INFORMATION WHICH YOU MAY PROVIDE WHEN ACCESSING OR USING OUR SERVICES AND TO PRESERVE SUCH INFORMATION IN A SECURE MANNER IN ACCORDANCE WITH OUT PRIVACY POLICY. WE, HOWEVER, DO NOT WARRANT AND CANNOT ENSURE THE SECURITY OF ANY INFORMATION WHICH YOU MAY PROVIDE AND INFORMATION YOU TRANSMIT TO OUR SERVICES IS ENTIRELY AT YOUR OWN RISK.

                FROM TIME TO TIME, WE MAY HOST THIRD PARTY CONTENT ON OUR SERVICES. RESPONSIBILITY FOR THE CONTENT OF SUCH MATERIALS RESTS WITH THOSE THIRD PARTIES AND WE ARE NOT RESPONSIBLE FOR ANY ERRORS OR OMISSIONS IN SUCH MATERIAL OR ANY DAMAGE CAUSED EITHER DIRECTLY OR INDIRECTLY BY THEM. 

                31. LIMITATION OF LIABILITY

                YOU ACKNOWLEDGE AND AGREE THAT, TO THE GREATEST EXTENT PERMITTED BY LAW:

                1. YOU PURCHASE AND USE OUR PRODUCTS AT YOUR OWN RISK AND EXPENSE;
                2. YOU ACCESS AND USE OUR SERVICES AT YOUR OWN RISK AND EXPENSE; AND
                3. YOU ARE SOLELY LIABLE FOR YOUR OWN ACTS, OMISSIONS AND NEGLIGENCE.

                YOU ACKNOWLEDGE AND AGREE THAT, TO THE GREATEST EXTENT PERMITTED BY LAW, WE ARE NOT LIABLE FOR ANY LOSS (AS THAT TERM IS DEFINED IN THESE TERMS) TO PROPERTY OR PERSONS AS A RESULT OF, WHETHER DIRECTLY OR INDIRECTLY:

                1. ANY WILFUL ACT, OMISSION OR NEGLECT BY YOU, OR ANY OTHER PERSON;
                2. THE USE, NON-USE OR MUSUSE OF OUR PRODUCTS AND/OR SERVICES BY YOU, OR ANY OTHER PERSON;
                3. ANY ALLERGY, DISCOMFORT, OR PERSONAL INJURY TO YOU, OR ANY OTHER PERSON;
                4. YOUR RELIANCE, OR THE RELIANCE BY ANY OTHER PERSON, ON: (I) ANY CONTENT CONTAINED WITHIN, OR HOSTED OR MADE AVAILABLE THROUGH, OUR PRODUCTS OR SERVICES, INCLUDING PERSONALISED SERVICES; (II) ANY STATEMENTS OR INFORMATION PROVIDED BY ANY THIRD PARTY NOT ACTING ON OUR BEHALF ON OR THROUGH OUR SERVICESL
                5. OUR PRODUCTS OR SERVICES FAILING, MALFUNCTIONING, OR NOT FUNCTIONING AS YOU EXPECT;
                6. ANY INFRINGEMENT OF ANY THIRD PARTY'S IP RIGHTS BY YOU, OR ANY PERSON; AND
                7. ANY BREACH OF THESE TERMS BY YOU, OR ANY OTHER PERSON.

                TO THE GREATEST EXTENT PERMITTED BY LAW, IN NO CIRCUMSTANCES WILL OUR LIABILITY EXCEED THE TOTAL OF ALL MONIES PAID BY YOU TO US IN CONNECTION WITH YOUR PURCHASE OF OUR PRODUCTS, OR YOUR ACCESS TO, OR USE OF, OUR SERVICES.

                EXCEPT AS OTHERWISE REQUIRED BY LAW, IN RELATION TO PRODUCTS SOLD BY US, OUR LIABILITY IS LIMITED TO, AT OUR DISCRETION:

                1. RE-SUPPLYING OR REPAIRING PRODUCTS OR SERVICES; OR
                2. SUPPLYING EQUIVALENT PRODUCTS OR SERVICESL OR
                3. REFUNDING THE RELEVANT AMOUNT/S PAID BY YOU TO US.

                TO THE GREATEST EXTENT PERMITTED BY LAW, WE AR ENOT LIABLE FOR ANY LOSS OF PROFIT, LOSS OF GOODWILL, LOSS OF OPPORTUNITY AND/OR ANY SPECIAL, PUNITIVE, INDIRECT OR CONSEQUENTIAL LOSS OR DAMAGE INCURRED BY YOU OR ANY OTHER PERSON, WHETHER DIRECTLY OR INDIRECTLY RELATED TO YOUR DEALINGS WITH US, OR OTHERWISE. 

                WE MAKE EVERY EFFORT TO ENSURE THAT OUR PRODUCTS AND SERVICES ARE ACCURATE, AUTHORITATIVE AND FIT FOR THE USE OF OUR CUSTOMERS. HOWEVER, WE TAKE NO RESPONSIBILITY FOR THE SUITABILITY OF THE PRODUCT AND/OR SERVICES, AND WE PROVIDE NO WARRANTIES AS TO THE FUNCTION OR USE OF THE PRODUCT, WHETHER EXPRESS, IMPLIED OR STATUTORY, INCLUDING WITHOUT LIMITATION ANY WARRANTIES OF MERCHANTABILITY OR FITNESS FOR PARTICULAR PURPOSE. 

                YOU AGREE TO INDEMNIFY US AGAINST ALL LIABILITES, CLAIMS, DEMANDS, EXPENSES, ACTIONS, COSTS, DAMAGES, OR LOSS ARISING OUT OF YOUR BREACH OF THESE TERMS AND CONDITIONS.

                32. INDEMNITY AND RELEASE

                32.1 INDEMNITY

                TO THE GREATEST EXTEND PERMITTED BY LAW, YOU WILL AT ALL TIMES INDEMNIFY AND KEEP INDEMNIFIED US AND OUR RESPECTIVE OFFICERS, EMPLOYEES, CONTRACTORS, AGENTS AND REPRESENTATIVES FROM AN AGAINST ANY AND ALL LOSS (AS THAT TERM IS DEFINED IN THESE TERMS) (INCLUDING LEGAL COSTS AND EXPENSES ON A SOLICITOR AND OWN CLIENT BASIS) INCURRED BY ANY OF THOSE INDEMNIFIED OR RELEASED (AS THE CASE MAY BE) ARISING FROM ANY ACTION, CLAIM, DEMAND, SUIT, OR PROCEEDING MADE OR BROUGHT BY ANY PERSON AGAINST ANY OF THOSE INDEMNIFIED OR RELEASED (AS THE CASE MAY BE) WHERE SUCH LOSS AROSE OUT OF, IN CONNECTION WITH, OR IN RESPECT OF:

                1. ANY WILFUL ACT, OMISSION OR NEGLECT BY YOU;
                2. YOUR USE, NON-USE OR MISUSE OF OUR PRODUCTS OR SERVICES (INCLUDING PERSONALISED SERVICES);
                3. ANY ALLERGY, DISCOMFORT, OR PERSONAL INJURY TO ANY THIRD PARTY, TEMPORARY OR OTHERWISE, TO WHOM YOU GIVE ACCESS TO OUR PRODUCT;
                4. YOUR RELIANCE, OR THE RELIANCE BY ANY OTHER PERSON, ON: (I) ANY CONTENT CONTAINED WITHIN, OR HOSTED OR MADE AVAILABLE THROUGH, OUR PRODUCTS OR SERVICES, INCLUDING PERSONALISED SERVICES; (II) ANY STATEMENTS OR INFORMATION PROVIDED BY ANY THIRD PARTY NOT ACTING ON OUR BEHALF ON OR THROUGH OUR SERVICES, INCLUDING PERSONALISED SERVICES;
                5. ANY INFRINGEMENT OF ANY THIRD PARTY'S IP RIGHTS BY YOU; AND
                6. ANY BREACH OF THESE TERMS BY YOU.

                32.2 RELEASE

                TO THE GREATEST EXTENT PERMITTED BY LAW, YOU RELEASE US AND OUR RESPECTIVE OFFICERS, EMPLOYEES, CONTRACTORS, AGENT AND REPRESENTATIVES FROM ALL LIABILITY FOR LOSS (AS THAT TERM IS DEFINED IN THESE TERMS) IN RELATION TO THE FOLLOWING MATTERS:

                1. ANY WILFUL ACT, OMISSION OR NEGLECT BY YOU, OR ANY OTHER PERSON;
                2. YOUR USE, NON-USE OR MISUSE OF OUR PRODUCTS OR SERVICES (INCLUDING PERSONALISED SERVICES) BY YOU, OR ANY OTHER PERSON;
                3. YOUR RELIANCE, OR THE RELIANCE BY ANY OTHER PERSON, ON: (I) ANY CONTENT CONTAINED WITHIN, OR HOSTED OR MADE AVAILABLE THROUGH, OUR PRODUCTS OR SERVICES, INCLUDING PERSONALISED SERVICES; (II) ANY STATEMENTS OR INFORMATION PROVIDED BY ANY THIRD PARTY NOT ACTING ON OUR BEHALF ON OR THROUGH OUR SERVICES, INCLUDING PERSONALISED SERVICES;
                4. OUR PRODUCTS OR SERVICES FAILING, MALFUNCTIONING, OR NOT FUNCTIONING AS YOU EXPECT;
                5. ANY ALLERGY, DISCOMFORT, OR PERSONAL INJURY TO YOU, OR ANY OTHER PERSON, TEMPORARY OR OTHERWISE;
                6. ANY INFRINGEMENT OF ANY THIRD PARTY'S IP RIGHTS BY YOU, OR ANY OTHER PERSON; AND
                7. ANY BREACH OF THESE TERMS BY YOU, OR ANY OTHER PERSON.

                33. Reporting

                If you encounter any content on our Services that you find offensive and which you believe violates these Terms, please report the content to us by e-mailing team@baeve.com.au So that we can efficiently deal with your report, please ensure that your report:

                1. states the reason for your concern/s; and
                2. clearly identifies the content by providing a description of it, and a link to the specific page, post or content (if applicable).

                34. Confidentiality

                You agree to keep confidential all Content hosted or made available on or through our Services.

                If you receive or encounter any information which a reasonable person would consider to be confidential in nature, you agree to contact us immediately at team@baeve.com.au.

                35. Notices and Notifications

                We may send or issue notices to you from time to time:

                1. through the user interface on our Services; and/or
                2. by email.

                  You consent to receiving notices by the above means. We take no responsibility for any failure of delivery of any notice or notification to you for any reason whatsoever.

                  36. General

                  36.1 Disputes

                  Except as permitted by law, in the event of a dispute between you and us, or between you and any other person using our Services, you must:

                  1. notify us of the dispute by emailing us at team@baeve.com.au;
                  2. provide us with full and complete details of the dispute;
                  3. providing such supporting information or documents as we reasonably request; and
                  4. act reasonably and in good faith with the other parties to the dispute in order to resolve the dispute amicably without formal legal action.

                  36.2 Entire Agreement

                  These Terms contain the entire agreement between the parties about its subject matter. Any previous representation, understanding, arrangement, agreement, or warranty relating to that subject matter is superseded by these Terms.

                  36.3 Jurisdiction

                  This Agreement is governed by the laws of the State of Western Australia and each party submits to the non-exclusive jurisdiction of the courts of Western Australia.

                  36.4 Severability

                  Any provision of these Terms that is illegal, void or unenforceable will be read down or severed so as to preserve the remainder of these Terms which will continue in full force and effect.

                  36.5 Waiver

                  A failure or delay in the exercise or enforcement of any right, power or remedy available by law or under these Terms by any party will not in any way preclude, or operate as a waiver of, any exercise or enforcement of that or any other right, power or remedy. All waivers must be expressly given in writing to be effective and binding. No waiver of a breach of any provision of these Terms will operate as a waiver of another breach of that provision or of a breach of any other provision of these Terms.

                  37 Rules of Interpretation

                  Unless the context otherwise requires, any terms defined in bold text have the meaning allocated to them wherever they appear in these Terms.

                  The following rules also apply to the interpretation of these Terms, except where the context otherwise requires:

                  1. the singular includes the plural and vice versa;
                  2. words of any gender include all genders;
                  3. alternate grammatical forms of a defined term have a corresponding meaning;
                  4. a reference to a clause, paragraph, schedule, annexure, or appendix is a reference to a clause or paragraph of, and a schedule, annexure, or appendix to these Terms;
                  5. a reference to a document includes the document as novated, varied, or substituted from time to time;
                  6. a reference to a person includes a natural person, partnership, body corporate, association, joint venture, and governmental body, authority, agency or other entity;
                  7. a reference to a party is a reference to a party to these Terms and includes the party’s executors, administrators, successors, permitted substitutes (including by novation) and permitted assigns;
                  8. a reference to two or more persons is to any of them together and each of them individually;
                  9. a reference to legislation or regulations includes all delegated legislation made under it and amendments, consolidations, replacements or re-enactments of any of them;
                  10. ‘including’ and similar expressions do not limit the generality of any provision of these Terms;
                  11. a rule of construction does not apply to the disadvantage of a party because the party was responsible for the preparation of these Terms or any part of it; and
                  12. a reference to $, AUD$, dollar or $ is to Australian currency;
                  13. headings and table of contents are for ease of reference only and do not affect interpretation.