Terms of Use

This website is operated by BELLA VISTA BATHWARE. It is available at https://bella-vista.au and may be available through other addresses or channels.

By accessing or using our Site, you agree to these terms of use and our Privacy Policy. Please read these Terms carefully and immediately cease using our Site if you do not agree to them.

We may, at any time and at our discretion, vary these Terms by publishing the varied terms on our Site. We recommend you check our Site regularly to ensure you are aware of our current terms. Materials and information on this Site (Content) are subject to change without notice. We do not undertake to keep our Site up-to-date and we are not liable if any Content is inaccurate or out-of-date.

Nothing in these terms and conditions affects your statutory rights under the ACL.

1. User Representation

Our site is only intended for use by persons who reside in Australia. 

We process information about you in accordance with our privacy policy. By using our site, you consent to such processing and you warrant that all data provided by you is accurate.

By interacting with our site, you warrant that:

• You are legally capable of entering into binding contracts; and

• You are at least 18 years old; and

• You are resident of Australia; and

• You have accepted these Terms in the version applicable at the time of your use.

2. License to use our site

We grant you a non-exclusive, royalty-free, revocable, worldwide, non-transferable license to use our Site in accordance with these Terms.  All other uses are prohibited without our prior written consent.

3. Prohibited conduct

You must not do or attempt to do anything: that is unlawful; prohibited by any laws applicable to our Site; which we would consider inappropriate; or which might bring us or our Site into disrepute, including (without limitation):

• Anything that would constitute a breach of an individual’s privacy (including uploading private or personal information without an individual’s consent) or any other legal rights.
• Using our Site to defame, harass, threaten, menace or offend any person.
• Interfering with any user using our Site.
• Tampering with or modifying our Site, knowingly transmitting viruses or other disabling features, or damaging or interfering with our Site, including (without limitation) using trojan horses, viruses or piracy or programming routines that may damage or interfere with our Site.
• Using our Site to send unsolicited email messages.
• Facilitating or assisting a third party to do any of the above acts.

Exclusion of competitors: You are prohibited from using our Site, including the Content, in any way that competes with our business. 

4. Intellectual Property rights

Unless otherwise indicated, we own or license all rights, title, and interest (including intellectual property rights) in our Site and all of the content. Your use of our Site and your use of and access to any content does not grant or transfer to you any rights, title or interest in relation to our Site or the Content. You must not:

• Copy or use, in whole or in part, any Content.
• Reproduce, re-transmit, distribute, disseminate, sell, publish, broadcast or circulate any Content to any third party.
• Breach any intellectual property rights connected with our Site or the Content, including (without limitation) altering or modifying any of the Content, causing any of the Content to be framed or embedded in another website or platform, or creating derivative works from the Content.

5. Website changes

We aim to update our site regularly and may change the content at any time. If the need arises, we may suspend access to our site, or close it indefinitely. Any of the material on our site may be out of date at any given time, and we are under no obligation to update such material.

6. Discontinuance

We may, at any time and without notice to you, discontinue our Site, in whole or in part.  We may also exclude any person from using our Site, at any time and at our sole discretion. We are not responsible for any liability you may suffer arising from or in connection with any such discontinuance or exclusion.

7. Indemnity

To the maximum extent permitted by Australian law, you must indemnify us, and hold us harmless, against any Liability suffered or incurred by us arising from or in connection with your use of our Site or any breach of these Terms or any applicable laws by you. This indemnity is a continuing obligation, independent from the other obligations under these Terms, and continues after these Terms end.  It is not necessary for us to suffer or incur any Liability before enforcing a right of indemnity under these Terms.    

If a provision of these Terms is held to be void, invalid, illegal or unenforceable, that provision must be read down as narrowly as necessary to allow it to be valid or enforceable. If it is not possible to read down a provision (in whole or in part), that provision (or that part of that provision) is severed from these Terms without affecting the validity or enforceability of the remainder of that provision or the other provisions in these Terms.

8. Jurisdiction

Your use of our Site and these Terms are governed by the laws of Australia. You irrevocably and unconditionally submit to the exclusive jurisdiction of the courts operating in Australia and any courts entitled to hear appeals from those courts and waive any right to object to proceedings being brought in those courts.

Our Site may be accessed throughout Australia and overseas.  We make no representation that our Site complies with the laws (including intellectual property laws) of any country outside Australia.  If you access our Site from outside Australia, you do so at your own risk and are responsible for complying with the laws of the jurisdiction where you access our Site. 

9. Disclaimer

BELLA VISTA BATHWARE does not warrant, guarantee or make any representations regarding the accuracy, adequacy, reliability, completeness, timeliness or any other aspect of the information available on the website.

You will be responsible for the content of any material you enter on this Site. All information you enter must be accurate, complete and not misleading, deceptive, defamatory or contrary to law. BELLA VISTA BATHWARE is not responsible for disclaims of any liability in relation to the content of any messages or information posted by users, or for the content of information of third parties on the Internet, even if accessed through the website. However, BELLA VISTA BATHWARE reserves the right, which it may or may not exercise in its sole discretion, to review, edit or delete any material that deems to be illegal, offensive or otherwise inappropriate.

BELLA VISTA BATHWARE does not warrant or represent that the information is free from human or mechanical error, technical inaccuracies or typographical errors or defects. The use of this Site and the information is at our own risk.

These Terms are effective until terminated by us, which we may do at any time and without notice to you.  In the event of termination, all restrictions imposed on you by these Terms and limitations of liability set out in these Terms will survive.

For any questions and notices, please contact us at [email protected]