Terms & Conditions

 Terms of website use

• These terms of use (together with the documents referred to in it) (collectively, the “Terms”) set out the terms on which we make our website https://www.barbagallo.com.au/ (our “Website” or “Site”) available for users (“you” and “your”) to access and browse contents that we make available and publish on our Site.
• Any access and use of the Site is subject to these Terms. 
• By using and continuing to access content on this Website, you acknowledge and consent to these Terms.  If you do not accept these Terms, please exit the Site and close this browser immediately.

Changes to these Terms

• Our Terms may be subject to change from time to time.  We retain the right to change or modify these Terms or to impose new terms and conditions.  Such changes, additions or deletions shall be effective immediately upon publication on this Site.  Your continued use of this Site will be deemed to constitute acceptance by you of such modifications to these Terms.

Permitted purpose

•  Our Site may be accessed for the purposes of browsing our products and services and obtaining general information about our products and services.
• Access to our Site or its use for any other purposes is strictly prohibited.

 Products

• The products and services displayed on the Site are only for sale to persons who can make legally binding contracts.  Any written terms and conditions of any purchase of our products or services will be made available to you prior to entering into any contract with us.
• We give no undertakings as to the availability of products and services advertised on the Site.
• Advertising or displaying a product or services on our Site does not constitute an offer to you to purchase the product or service.
• You acknowledge that the supply of products or services displayed on our Site is subject to availability. 
• You acknowledge that products may be listed at an incorrect price or with incorrect information due to typographical error. In these circumstances, we reserve the right to amend any errors and or reject any offer made by you based on any such errors.

Disclaimer

• To the extent permitted by Law, we are not liable for loss or damage of any kind whether in contract, tort (including negligence), breach of statutory duty, or otherwise, (including special, indirect or consequential loss and including loss of business profits), even if foreseeable, arising under or in connection with any content on our Site and the use or performance of our Site, which includes but is not limited to use of or reliance on any content displayed on our Site.
•  Where the law (including without limitation the Competition and Consumer Act 2010 (Cth)) implies a warranty or guarantee into these Terms which may not lawfully be excluded, then provided it is fair and reasonable to do so, our liability for breach of such a warranty or guarantee shall be limited at our option, to any one or more of the following:
  • in the case of goods: replacement of the goods or the supply of equivalent goods; repair of the goods; payment of the cost of replacing the goods or acquiring equivalent goods; or payment of the cost of having the goods repaired; and
  • in the case of services, to either resupplying the services or payment of the cost of having the services supplied again.
• You covenant and agree to at all times indemnify and release us (and our directors, employees, assignees or successors and related entities) from and against, whether direct or indirect, including (without limitation) any and all damages, costs, loss or liabilities howsoever suffered by us arising out of:
  •  third party claims; and
  •  your breach of any of these Terms.
•  In particular, and without limiting the generality of the foregoing, we will not be liable for:
  •  loss of profits, sales, business, or revenue;
  • business interruption;
  • loss of anticipated savings;
  •  loss of business opportunity, goodwill or reputation; or
  •  any indirect or consequential loss or damage.

Website Content

• We may update or change the content of our Site at any time without notice. However, please note that content on our Site may be out of date at any given time, and we are under no obligation to update it.
• We make no representations, warranties or guarantees, whether express or implied,  that our Site, or any content on it is:
  • error-free; or
  • available or uninterrupted.
• Access to our Site is permitted on a temporary basis. We may suspend, withdraw, discontinue or change all or any part of our Site without notice.
• We will not be liable to you if for any reason our Site is unavailable at any time or for any period.
•  Use of content made available on our Site by you will be entirely at your own risk.

 Privacy

• We are committed to managing personal information in accordance with the applicable privacy laws. 
• By using and continuing to access content on this Website you agree to the Privacy Policy, available on the Site, which sets out how we collect, use and disclose your personal information.

Cookies

• Our Site use cookies. A “cookie” is a small file stored on your computer’s browser, which assists in managing customised settings of the Site and delivering content. Refer to our Privacy Policy, available on the Site, for details of our use of cookies on the Site.

Your Obligations

• You are responsible for making all arrangements necessary for you to have access to our Site.
• You are also responsible for ensuring that all persons who access our Site through your internet connection are aware of these Terms and other applicable terms and conditions, and that they comply with them.

 Intellectual property rights

• The intellectual property rights in all content made available to you on or through this Site remain our property or that of our licensors and are protected by intellectual property laws and treaties around the world.  All such rights are reserved by us and our licensors.  You may store, print and display the content supplied solely for your own personal use. 
• You are not permitted to publish, manipulate, distribute or otherwise reproduce, in any format, any of the content or copies of the content supplied to you or which appears on this Site nor may you use any such content in connection with any business or commercial enterprise without our prior written consent.
•  Where we provide our consent to your reproduction of content from our Site, you must always acknowledge our status (and that of any identified contributors) as the source of reproduced content.  This provision does not imply any right by you to publish, redistribute or repost any of the content available on our Site.
•  If you print, copy, download or use any part of our Site (including any content contained on our Site) in breach of these Terms, your right to use our Site will cease immediately and you must, at our option, return or destroy any copies of the materials you have made. We reserve the right to take any further legal actions against you.

 Viruses

• We will not be liable for any loss or damage caused by a virus or other technologically harmful material that may infect your computer equipment, computer programs, data or other proprietary material due to your use of our Site or to your downloading of any content on it, or on any website linked to it.
• We do not guarantee that our Site will be secure or free from viruses or other technologically harmful material.
•  You are responsible for configuring your information technology, computer programs and platform in order to view and access our Site, and implement your own security measures against any viruses or other technologically harmful material.
• You must not misuse our Site by knowingly introducing viruses or other material which may be malicious or technologically harmful. You must not attempt to gain unauthorised access to our Site, the server on which our Site is stored or any server, computer or database connected to our Site.  You must not attack our Site via a denial-of-service attack or a distributed denial-of service attack.  We reserve the right to report any such breach to the relevant law enforcement authorities and we will co-operate with those authorities by disclosing your identity to the relevant legal authorities.  In the event of such a breach, your right to use our Site will cease immediately. We reserve the right to take any further legal actions against you.

Linking to Our Site

• You may link to our home page, provided you do so in a way that is fair and legal and does not damage our reputation or take advantage of it.  You must not establish a link to our Site in such a way as to suggest any form of association, approval or endorsement on our part where none exists.
• Our site must not be framed on any other site, nor may you create a link to any part of our Site other than the home page.
• We reserve the right to withdraw linking permission without notice.
• If you wish to make any use of content on our Site other than that set out above, please contact reception@barbagallo.com.au.

Third party links and resources in Our Site

• Where our Site contains links to other sites and resources provided by third parties, these links are provided for your information only.  Unless otherwise specified by us, we are not affiliated with, nor do we endorse the views or contents of any other third party site or resource linked to our Site.
• We have no control over the contents of third party sites or resources. We are not liable to you or any user of our Site for any loss or damage, whether in contract, tort (including negligence), breach of statutory duty or otherwise, even if foreseeable, arising under or in connection with links to third party sites, third party resources and contents.
• We assume no responsibility for the content of websites linked on our Site.  Such links should not be interpreted as endorsement by us of those linked websites. We will not be liable for any loss or damage that may arise from your use of them.  You should read any applicable terms and conditions of any websites linked to our Site prior to accessing and viewing the same.

Dispute Resolution

If a dispute arises out of or relates to the Terms, either party may not commence any Tribunal or Court proceedings in relation to the dispute, unless the following clauses have been complied with (except where urgent interlocutory relief is sought):

•  A party to the Terms claiming a dispute (Dispute) has arisen under the Terms, must give written notice to the other party detailing the nature of the dispute, the desired outcome and the action required to settle the Dispute.
•  On receipt of that notice (Notice) by that other party, the parties to the Terms (Parties) must:
• Within 14 days of the Notice endeavour in good faith to resolve the Dispute expeditiously by negotiation or such other means upon which they may mutually agree; and
•  If for any reason whatsoever, 30 days after the date of the Notice, the Dispute has not been resolved, the Parties must either agree upon selection of a mediator or request that an appropriate mediator be appointed by the President of the Australian Mediation Association or his or her nominee.
• The Parties are equally liable for the fees and reasonable expenses of a mediator and the cost of the venue of the mediation and without limiting the foregoing undertake to pay any amounts requested by the mediator as a pre-condition to the mediation commencing. The Parties must each pay their own costs associated with the mediation.
• The mediation will be held in Western Australia, Australia.
•  All communications concerning negotiations made by the Parties arising out of and in connection with this dispute resolution clause are confidential and to the extent possible, must be treated as “without prejudice” negotiations for the purpose of applicable laws of evidence.
•    If 30 days have elapsed after the start of a mediation of the Dispute and the Dispute has not been resolved, either Party may ask the mediator to terminate the mediation and the mediator must do so.

 Applicable law

• These Terms, their subject matter and their formation, are governed by the laws of Western Australia.  You agree to the exclusive jurisdiction of the courts of Western Australia.

Contact us

• If you wish to make any complaints in relation to our Site, please contact us, via email at reception@barbagallo.com.au.

Miscellaneous

• If any provision of these Terms is or becomes illegal, invalid or unenforceable in any respect under the law of Western Australia, that shall not affect the legality, validity or enforceability in that jurisdiction or any other jurisdiction of any other provision of these Terms.
• No omission or delay on our part in exercising any right, power or privilege hereunder shall operate as a waiver thereof, nor shall any single or partial exercise of any our rights, powers or privileges preclude us from any other or further exercise thereof or of any other right, power or privilege we have.  The rights and remedies herein provided are cumulative with and not exclusive of any right or remedies provided by law.

Last Updated: 10 September 2020