Terms & Conditions
1. About the Website
1.1. Welcome to WWW.BEANBAGSRUS.COM.AU (the 'Website'). The Website provides you with an opportunity to browse and purchase various products that have been listed for sale through the Website (the 'Products'). The Website provides this service by way of granting you access to an online ordering and payment system on the Website (the 'Purchase Services'). The Website may also provide general information and news relevant to the Products (‘Information Services).
1.2. The Website is operated by BEAN BAGS R US PTY. LTD. ATF UNIVERSAL IMPORTS TRUST (ABN 58 990 571 912). Access to and use of the Website, or any of its associated Products, Information Services or Purchase Services, is provided by BEAN BAGS R US PTY. LTD. ATF UNIVERSAL IMPORTS TRUST . Please read these terms and conditions (the 'Terms') carefully. By using, browsing and/or reading the Website, this signifies that you have read, understood and agree to be bound by the Terms. If you do not agree with the Terms, you must cease usage of the Website, or any of the Purchase Services, immediately.
1.3. BEAN BAGS R US PTY. LTD. ATF UNIVERSAL IMPORTS TRUST reserves the right to review and change any of the Terms by updating this page at its sole discretion. When BEAN BAGS R US PTY. LTD. ATF UNIVERSAL IMPORTS TRUST updates the Terms, it will use reasonable endeavours to provide you with notice of updates to the Terms. Any changes to the Terms take immediate effect from the date of their publication. Before you continue, we recommend you read and keep a copy of the Terms for your records.
2. Acceptance of the Terms
You accept the Terms by accessing or remaining on the Website. You may also accept the Terms by clicking to accept or agree to the Terms if this option is made available to you by BEAN BAGS R US PTY. LTD. ATF UNIVERSAL IMPORTS TRUST in the user interface.
3. Registration to use the Purchase Services
3.1. In order to access the Purchase Services, you must either first register as a user of the Website, or as an unregistered purchaser (“Guest”). As part of the registration process, or as part of your continued use of the Purchase Services, you may be required to provide personal information about yourself (such as identification or contact details), including:
(a) an email address
(b) preferred username
(c) a mailing address
(d) a telephone number
(e) a password
3.3. You warrant that any information you give to BEAN BAGS R US PTY. LTD. ATF UNIVERSAL IMPORTS TRUST in the course of completing the registration processor as part of using the Purchase Services as a Guest will always be accurate, correct and up to date. You agree that any correspondence or goods sent to the address you have provided is sufficient to discharge any liability on our part.
3.4. If you have completed the registration process, you will be a registered member of the Website ('Member'). Both Members and Guests agree to be bound by the Terms in relation to Members or Guests.
3.5. You may not use the Purchase Services and may not accept the Terms if:
(a) you are not of legal age to form a binding contract with BEAN BAGS R US PTY. LTD. ATF UNIVERSAL IMPORTS TRUST; or
(b) you are a person barred from receiving the Purchase Services under the laws of Australia or other countries including the country in which you are resident or from which you use the Purchase Services.
4. Your obligations as a Member or a Guest
4.1. As a Member or Guest, you agree to comply with the following:
You will use the Purchase Services only for purposes that are permitted by:
(a) the Terms;
(b) any applicable law, regulation or generally accepted practices or guidelines in the relevant jurisdictions;
(c) if you have registered as a Member, you have the sole responsibility for protecting the confidentiality of your password, email address and Member information. Disclosure of your password to any other person may result in the immediate cancellation of the Purchase Services, in addition, the use of your password and Member information will render you liable for any Purchase Services entered into by the user;
(d) any use of your registration information by any other person, or third parties, is strictly prohibited. You agree to immediately notify BEAN BAGS R US PTY. LTD. ATF UNIVERSAL IMPORTS TRUST of any unauthorised use of your password or email address or any breach of security of which you have become aware;
(e) access and use of the Website is limited, non-transferable and allows for the sole use of the Website by you for the purposes of BEAN BAGS R US PTY. LTD. ATF UNIVERSAL IMPORTS TRUST providing the Purchase Services;
(f) you will not use the Purchase Services or Website for any illegal and/or unauthorised use which includes collecting email addresses of Members by electronic or other means for the purpose of sending unsolicited email or unauthorised framing of or linking to the Website;
(g) you agree that commercial advertisements, affiliate links, and other forms of solicitation may be removed from the Website without notice and may result in termination of the Purchase Services. Appropriate legal action will be taken by BEAN BAGS R US PTY. LTD. ATF UNIVERSAL IMPORTS TRUST for any illegal or unauthorised use of the Website; and
(h) you acknowledge and agree that any automated use of the Website or its Purchase Services is prohibited.
5. Purchase of Products and Refunds & Returns Policy
5.1. In using the Purchase Services to purchase the Product through the Website, you will agree to the payment of the purchase price listed on the Website for the Product (the 'Purchase Price').
5.2. Payment of the Purchase Price may be made through one of the following third party providers:
(b) Merchant Warrior
(c) Zip Pay
(the 'Payment Gateway Providers')
5.3. Following payment of the Purchase Price being confirmed by BEAN BAGS R US PTY. LTD. ATF UNIVERSAL IMPORTS TRUST you will be issued with a receipt to confirm that the payment has been received and BEAN BAGS R US PTY. LTD. ATF UNIVERSAL IMPORTS TRUST may record your purchase details for future use.
5.4. Goods Imported to countries Outside Australia may be subject to import taxes, customs duties, and/or fees imposed by the destination country.
These charges will typically be due once the goods arrive at the destination country.
It is the buyer's responsibility to comply with laws and regulations of the country of destination. BEAN BAGS R US PTY. LTD. ATF UNIVERSAL IMPORTS TRUST does not have any responsibility for these additional charges that may be applicable..
Refunds & Returns
5.5. BEAN BAGS R US PTY. LTD. ATF UNIVERSAL IMPORTS TRUST may, at their sole discretion, provide a refund on the return of the Products within 30days of the date of purchase where the Product packaging is unopened and remains in a saleable condition. You acknowledge and agree that you are liable for any postage and shipping costs associated with any refund pursuant to this clause. Offers of ‘Free Shipping’ exclude the costs of returning goods.
BEAN BAGS R US PTY. LTD. ATF UNIVERSAL IMPORTS TRUST will refund you if you place an order for a Product that is either out of stock or pre-ordered where we are unable to supply the Product within the required time frame.
5.6. BEAN BAGS R US PTY. LTD. ATF UNIVERSAL IMPORTS TRUST does not accept returns or provide refunds for bean bag filling / “Bag of Beans”.
5.7. BEAN BAGS R US PTY. LTD. ATF UNIVERSAL IMPORTS TRUST does not accept returns or provide refunds if you:
(a) change your mind, or purchased a Product as a gift which the recipient does not want;
(b) decide that the size of the Product is unsuitable (all Product dimensions are set out on the relevant Product page);
(c) place an order for a bean bag cover in the belief that this includes the filling (which is sold separately);
(d) have damaged Products due to a lack of maintenance, abuse, abnormal service or handling or any act or omission which would entitle us to exclude the Product from a Warranty under clauses 6 or 7;
(e) have failed to read the relevant information in relation to the Product; or
(f) have ordered an incorrect quantity or an incorrect product and this is not due to a mistake by BEAN BAGS R US PTY. LTD. ATF UNIVERSAL IMPORTS TRUST.
5.8 You agree that where BEAN BAGS R US PTY. LTD. ATF UNIVERSAL IMPORTS TRUST accepts a return, this will be subject to you paying a restocking fee of 10% of the total purchase price in addition to the original cost of shipping, which will be deducted from any refund payable to you.
5.9 Sale Items can not be returned, exchanged or refunded.
5.10 Pre-Order purchases can not be refunded. These goods are manufactured and shipped by priority.
5.11 Where BEAN BAGS R US PTY. LTD. ATF UNIVERSAL IMPORTS TRUST accepts a return you agree to follow the following returns process:
(a) complete the return form in full and you will be assigned a tracking number;
(b) mail your returned Product (at your cost) to:
Bean Bags R Us
PO BOX 417
SANCTUARY COVE, QLD 4212
(c) include a signed letter stating the reason for the return and the original receipt as proof of purchase.
6.1. BEAN BAGS R US PTY. LTD. ATF UNIVERSAL IMPORTS TRUST's Products come with guarantees that cannot be excluded under the Australian Consumer Law. You are entitled to a replacement or refund for a major failure of the Product. You are also entitled to have the Products repaired or replaced if the Products fail to be of acceptable quality and the failure does not amount to a major failure (the 'Warranty').
6.2. You may make a claim under this clause (the 'Warranty Claim') for material defects and workmanship in the Products within 12 MONTHS from the date of purchase (the 'Warranty Period').
6.3. In order to make a Warranty Claim during the Warranty Period, you must provide proof of purchase to BEAN BAGS R US PTY. LTD. ATF UNIVERSAL IMPORTS TRUST showing the date of purchase of the Products, provide a description of the Products and the price paid for the Products by sending written notice to BEAN BAGS R US PTY. LTD. ATF UNIVERSAL IMPORTS TRUST at Unit 7, 36-38 Newheath Drive, Arundel, QLD 4214 Australia or by email at email@example.com.
6.4. Where the Warranty Claim is accepted then BEAN BAGS R US PTY. LTD. ATF UNIVERSAL IMPORTS TRUST will, at its sole discretion, either repair or replace any defective Products or part thereof with a new or remanufactured equivalent during the Warranty Period at no charge to you for parts or labour. You acknowledge and agree that you will be solely liable for any postage or shipping costs incurred in facilitating the Warranty Claim.
6.5. The Warranty shall be the sole and exclusive warranty granted by BEAN BAGS R US PTY. LTD. ATF UNIVERSAL IMPORTS TRUST and shall be the sole and exclusive remedy available to you in addition to other rights and under a law in relation to the Products to which this warranty relates.
6.6. All implied warranties including the warranties of merchantability and fitness for use are limited to the Warranty Period.
6.7. The Warranty does not apply to any appearance of the supplied Products nor to the additional excluded items set forth below nor to any supplied Products where the exterior of which has been damaged or defaced, which has been subjected to misuse, abnormal service or handling, or which has been altered or modified in design or construction
7. Specific Exclusions to the Warranty and liability of BEAN BAGS R US PTY. LTD. ATF UNIVERSAL IMPORTS TRUST
7.1 Without limiting clause 6.7 or any other term of this agreement, BEAN BAGS R US PTY. LTD. ATF UNIVERSAL IMPORTS TRUST excludes the following from any Warranty and, to the extent permitted under law, any liability for any damage occurring as a result of misuse or as a result of the following:
(a) Products are not suitable for use by children under the age of 12 months. Bean Bags are not toys and a child should not be permitted to climb inside a Bean Bag;
(b) Products and in particular Bean Bags contain small lightweight beads that are dangerous if swallowed of inhaled. Children and other persons, as well as pets may suffocate causing injury or death;
(c) Pool Bean Bags are not lifesaving devices and are not fit for such purpose;
(d) Outdoor Bean Bags are not suitable for immersion in water and are not fit for such purpose;
(e) Damage as a result of failing to clean or maintain Products resulting in mould or mildew
(f) Dog Beds are resilient but are not bite-proof. Bite and scratch damage is excluded;
(g) Some Products are fitted with childproof zippers that are designed to prevent accidental opening and spillage of contents. Instructions are provided with each of these Products as to the correct manner of operation. Damage due to the application of excessive force or the use of any tool that is not recommended by BEAN BAGS R US PTY. LTD. ATF UNIVERSAL IMPORTS TRUST is abnormal service and handling and is excluded;
(h) Some Products are fitted with Velcro fasteners which should not be operated with excessive force. Such damage is excluded;
(i) Where a Product is indicated as “non-machine washable”, damage as a result of machine washing is excluded;
(j) Products that are covered with Micro-Suede material are not suitable for use on or near light-coloured walls, carpets or rugs. Micro-Suede is not colourfast and colour transfer may occur. Such damage is excluded;
(k) Damage to floors, floor coverings, walls and furniture as a result of the use of the Products (for example scratching of floorboards by zippers) is excluded;
(l) Any work performed by a third party to the Products at your request, including but not limited to screen printing, heat transfer printing or any other application of a material or process to a Product is excluded; and
(m) Performance of a Product used in conjunction with an uncertified third party product (for example the use of ‘Ultra Low Noise’ filling in a third party bean bag) is excluded.
(n) Where the Bean Bags R Us brand label or Warning Label has been removed by the customer. Removal of any labels automatically voids the warranty.
8.1. You acknowledge that the Purchase Services offered by BEAN BAGS R US PTY. LTD. ATF UNIVERSAL IMPORTS TRUST integrate delivery (the 'Delivery Services') through the use of third party delivery companies (the 'Delivery Service Providers').
8.2. In providing the Purchase Services, BEAN BAGS R US PTY. LTD. ATF UNIVERSAL IMPORTS TRUST may provide you with a variety of delivery and insurance options offered as part of the Delivery Services by the Delivery Service Providers. You acknowledge and agree that BEAN BAGS R US PTY. LTD. ATF UNIVERSAL IMPORTS TRUST is not the provider of these delivery and insurance options and merely facilitates your interaction with the Delivery Service Providers in respect to providing the Delivery Services.
8.3. In the event that an item is lost or damaged in the course of the Delivery Services, BEAN BAGS R US PTY. LTD. ATF UNIVERSAL IMPORTS TRUST asks that you:
(a) contact the Delivery Service Provider directly to request a refund or to claim on any insurance options available; and
(b) contact us by sending an email to firstname.lastname@example.org outlining in what way the Products were damaged in transit so we are able to determine if the Delivery Service Provider should be removed from the Purchase Services.
8.4 BEAN BAGS R US PTY. LTD. ATF UNIVERSAL IMPORTS TRUST does not control the scheduling of delivery by the Delivery Service Providers. As such, multiple shipments of Products may not be delivered at the same time. You should check the tracking information provided by the relevant Delivery Service Provider for the most up to date scheduled delivery dates. BEAN BAGS R US PTY. LTD. ATF UNIVERSAL IMPORTS TRUST cannot provide any additional information once a shipment is in transit.
8.5 BEAN BAGS R US PTY. LTD. ATF UNIVERSAL IMPORTS TRUST is not liable for Products lost or damaged in shipment and any claims should be addressed to the Delivery Service Provider. For this reason you may wish to purchase separate insurance for your shipment.
8.6 If a shipment is made via Australia Post and the Products are lost for at least 30 days, BEAN BAGS R US PTY. LTD. ATF UNIVERSAL IMPORTS TRUST may, at its sole discretion and on a goodwill basis, elect to re-ship a duplicate order.
8.7 If you elect to have a shipment left unattended at an address via an ‘authority to leave’ or if a third party at the shipping address signs for the Products, you agree that this is at your risk and BEAN BAGS R US PTY. LTD. ATF UNIVERSAL IMPORTS TRUST is not liable for any loss or damage that occurs as a result.
8.8 During the CoVid19 Pandemic, we will not accept responsibility for delivery delays, nor will we provide any compensation for delayed deliveries.
9. Copyright and Intellectual Property
9.1. The Website, the Purchase Services and all of the related products of BEAN BAGS R US PTY. LTD. ATF UNIVERSAL IMPORTS TRUST are subject to copyright. The material on the Website is protected by copyright under the laws of Australia and through international treaties. Unless otherwise indicated, all rights (including copyright) in the site content and compilation of the website (including text, graphics, images, logos, button icons, video images, audio clips and software) (the 'Content') are owned or controlled for these purposes, and are reserved by BEAN BAGS R US PTY. LTD. ATF UNIVERSAL IMPORTS TRUST or its contributors.
9.2. BEAN BAGS R US PTY. LTD. ATF UNIVERSAL IMPORTS TRUST retains all rights, title and interest in and to the Website and all related content. Nothing you do on or in relation to the Website will transfer to you:
(a) the business name, trading name, domain name, trade mark, industrial design, patent, registered design or copyright of BEAN BAGS R US PTY. LTD. ATF UNIVERSAL IMPORTS TRUST; or
(b) the right to use or exploit a business name, trading name, domain name, trade mark or industrial design; or
(c) a system or process that is the subject of a patent, registered design or copyright (or an adaptation or modification of such a system or process).
9.3. You may not, without the prior written permission of BEAN BAGS R US PTY. LTD. ATF UNIVERSAL IMPORTS TRUST and the permission of any other relevant rights owners: copy, broadcast, republish, up-load to a third party, transmit, post, distribute, show or play in public, adapt or change in any way the Content or third party contact for any purpose.
9.4 You may not deep-link to the Content of the Website without BEAN BAGS R US PTY. LTD. ATF UNIVERSAL IMPORTS TRUST s permission. You may, however hyperlink to the homepage of the Website save that you agree that you will remove such hyperlinks upon our request.
10. Information Services
BEAN BAGS R US PTY. LTD. ATF UNIVERSAL IMPORTS TRUST may from time to time provide certain Information Services accessible via the Website, including blogs, news, reports and frequently asked questions. This content is for information only and should not be relied upon. BEAN BAGS R US PTY. LTD. ATF UNIVERSAL IMPORTS TRUST makes no warranty or representation as to the accuracy of the information provided via the Information Services, and undertakes no obligation to ensure that the information is accurate or up to date. If third parties are cited in the Information Services, BEAN BAGS R US PTY. LTD. ATF UNIVERSAL IMPORTS TRUST does not warrant or represent that the third party is able to provide the goods or services mentioned nor that BEAN BAGS R US PTY. LTD. ATF UNIVERSAL IMPORTS TRUST is affiliated with that third party.
12. General Disclaimer
12.1. You acknowledge that BEAN BAGS R US PTY. LTD. ATF UNIVERSAL IMPORTS TRUST does not make any terms, guarantees, warranties, representations or conditions whatsoever regarding the Products other than provided for pursuant to these Terms.
12.2. BEAN BAGS R US PTY. LTD. ATF UNIVERSAL IMPORTS TRUST will make every effort to ensure a Product is accurately depicted on the Website, however, you acknowledge that sizes, colours and packaging may differ from what is displayed on the Website.
12.3. Nothing in these Terms limits or excludes any guarantees, warranties, representations or conditions implied or imposed by law, including the Australian Consumer Law (or any liability under them) which by law may not be limited or excluded.
12.4. Subject to this clause, and to the extent permitted by law:
(a) all terms, guarantees, warranties, representations or conditions which are not expressly stated in these Terms are excluded; and
(b) BEAN BAGS R US PTY. LTD. ATF UNIVERSAL IMPORTS TRUST we will not be liable for any special, indirect or consequential loss or damage (unless such loss or damage is reasonably foreseeable resulting from our failure to meet an applicable Consumer Guarantee), loss of profit or opportunity, or damage to goodwill arising out of or in connection with the Purchase Services or these Terms (including as a result of not being able to use the Purchase Services or the late supply of the Purchase Services), whether at common law, under contract, tort (including negligence), in equity, pursuant to statute or otherwise.
12.5. Use of the Website, the Information Services, the Purchase Services, and any of the products of BEAN BAGS R US PTY. LTD. ATF UNIVERSAL IMPORTS TRUST (including the Delivery Services), is at your own risk. Everything on the Website, the Information Services, the Purchase Services, and the Products of BEAN BAGS R US PTY. LTD. ATF UNIVERSAL IMPORTS TRUST are provided to you on an "as is" and "as available" basis, without warranty or condition of any kind. None of the affiliates, directors, officers, employees, agents, contributors, third party content providers or licensors of BEAN BAGS R US PTY. LTD. ATF UNIVERSAL IMPORTS TRUST (including any third party where the Delivery Services are made available to you) make any express or implied representation or warranty about its Content or any products or Purchase Services (including the products or Purchase Services of BEAN BAGS R US PTY. LTD. ATF UNIVERSAL IMPORTS TRUST referred to on the Website. This includes (but is not limited to) loss or damage you might suffer as a result of any of the following:
(a) failure of performance, error, omission, interruption, deletion, defect, failure to correct defects, delay in operation or transmission, computer virus or other harmful component, loss of data, communication line failure, unlawful third party conduct, or theft, destruction, alteration or unauthorised access to records;
(b) the accuracy, suitability or currency of any information on the Website, the Purchase Service, or any of its Content related products (including third party material and advertisements on the Website);
(c) costs incurred as a result of you using the Website, the Purchase Services or any of the Products;
(d) the Content or operation in respect to links which are provided for the User's convenience;
(e) any failure to complete a transaction, or any loss arising from e-commerce transacted on the Website; or
(f) any defamatory, threatening, offensive or unlawful conduct of third parties or publication of any materials relating to or constituting such conduct.
13. Limitation of Liability
13.1. BEAN BAGS R US PTY. LTD. ATF UNIVERSAL IMPORTS TRUST s total liability arising out of or in connection with the Purchase Services or these Terms, however arising, including under contract, tort (including negligence), in equity, under statute or otherwise, will not exceed the most recent Purchase Price paid by you under these Terms or where you have not paid the Purchase, then the total liability of BEAN BAGS R US PTY. LTD. ATF UNIVERSAL IMPORTS TRUST is the resupply of information or Purchase Services to you.
13.2. You expressly understand and agree that BEAN BAGS R US PTY. LTD. ATF UNIVERSAL IMPORTS TRUST its affiliates, employees, agents, contributors, third party content providers and licensors shall not be liable to you for any direct, indirect, incidental, special consequential or exemplary damages which may be incurred by you, however caused and under any theory of liability. This shall include, but is not limited to, any loss of profit (whether incurred directly or indirectly), any loss of goodwill or business reputation and any other intangible loss.
13.3. BEAN BAGS R US PTY. LTD. ATF UNIVERSAL IMPORTS TRUST is not responsible or liable in any manner for any site content (including the Content and Third Party Content) posted on the Website or in connection with the Purchase Services, whether posted or caused by users of the website of BEAN BAGS R US PTY. LTD. ATF UNIVERSAL IMPORTS TRUST, by third parties or by any of the Purchase Services offered by BEAN BAGS R US PTY. LTD. ATF UNIVERSAL IMPORTS TRUST.
13.4. You acknowledge that BEAN BAGS R US PTY. LTD. ATF UNIVERSAL IMPORTS TRUST does not provide the Delivery Services to you and you agree that BEAN BAGS R US PTY. LTD. ATF UNIVERSAL IMPORTS TRUST will not be liable to you for any special, indirect or consequential loss or damage, loss of profit or opportunity, or damage to goodwill arising out of or in connection with the Delivery Services.
14. Termination of Contract
14.1. The Terms will continue to apply until terminated by either you or by BEAN BAGS R US PTY. LTD. ATF UNIVERSAL IMPORTS TRUST as set out below.
14.2. If you want to terminate the Terms, you may do so by:
(a) notifying BEAN BAGS R US PTY. LTD. ATF UNIVERSAL IMPORTS TRUST at any time; and
(b) closing your accounts for all of the Purchase Services which you use, where BEAN BAGS R US PTY. LTD. ATF UNIVERSAL IMPORTS TRUST has made this option available to you.
Your notice should be sent, in writing, to BEAN BAGS R US PTY. LTD. ATF UNIVERSAL IMPORTS TRUST via the 'Contact Us' link on our homepage.
14.3. BEAN BAGS R US PTY. LTD. ATF UNIVERSAL IMPORTS TRUST may at any time, terminate the Terms with you if:
(a) you have breached any provision of the Terms or intend to breach any provision;
(b) BEAN BAGS R US PTY. LTD. ATF UNIVERSAL IMPORTS TRUST is required to do so by law;
(c) the partner with whom BEAN BAGS R US PTY. LTD. ATF UNIVERSAL IMPORTS TRUST offered the Purchase Services to you has terminated its relationship with BEAN BAGS R US PTY. LTD. ATF UNIVERSAL IMPORTS TRUST or ceased to offer the Purchase Services to you;
(d) BEAN BAGS R US PTY. LTD. ATF UNIVERSAL IMPORTS TRUST is transitioning to no longer providing the Purchase Services to Users in the country in which you are resident or from which you use the service; or
(e) the provision of the Purchase Services to you by BEAN BAGS R US PTY. LTD. ATF UNIVERSAL IMPORTS TRUST is, in the opinion of BEAN BAGS R US PTY. LTD. ATF UNIVERSAL IMPORTS TRUST no longer commercially viable.
14.4. Subject to local applicable laws, BEAN BAGS R US PTY. LTD. ATF UNIVERSAL IMPORTS TRUST reserves the right to discontinue or cancel your membership to the Website at any time and may suspend or deny, in its sole discretion, your access to all or any portion of the Website or the Purchase Services without notice if you breach any provision of the Terms or any applicable law or if your conduct impacts BEAN BAGS R US PTY. LTD. ATF UNIVERSAL IMPORTS TRUST's name or reputation or violates the rights of those of another party.
14.5. When the Terms come to an end, all of the legal rights, obligations and liabilities that you and BEAN BAGS R US PTY. LTD. ATF UNIVERSAL IMPORTS TRUST have benefited from, been subject to (or which have accrued over time whilst the Terms have been in force) or which are expressed to continue indefinitely, shall be unaffected by this cessation, and the provisions of this clause shall continue to apply to such rights, obligations and liabilities indefinitely.
15.1. You agree to indemnify BEAN BAGS R US PTY. LTD. ATF UNIVERSAL IMPORTS TRUST, its affiliates, employees, agents, contributors, third party content providers and licensors from and against:
(a) all actions, suits, claims, demands, liabilities, costs, expenses, loss and damage (including legal fees on a full indemnity basis) incurred, suffered or arising out of or in connection with any Content you post through the Website;
(b) any direct or indirect consequences of you accessing, using or transacting on the Website or attempts to do so and any breach by you or your agents of these Terms; and/or
(c) any breach of the Terms.
16. 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 sort).
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:
(a) 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;
(b) If for any reason whatsoever, 21 days after the date of the Notice, the Dispute has not been resolved, the Parties must agree upon selection of a mediator.;
(c) 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;
(d) The mediation will be held in Queensland, 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.
16.5. Termination of Mediation:
If one day has 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.
17. Venue and Jurisdiction
The Purchase Services offered by BEAN BAGS R US PTY. LTD. ATF UNIVERSAL IMPORTS TRUST is intended to be viewed by residents of Australia. In the event of any dispute arising out of or in relation to the Website, you agree that the exclusive venue for resolving any dispute shall be in the courts of Queensland, Australia.
18. Governing Law
The Terms are governed by the laws of Queensland, Australia. Any dispute, controversy, proceeding or claim of whatever nature arising out of or in any way relating to the Terms and the rights created hereby shall be governed, interpreted and construed by, under and pursuant to the laws of Queensland, Australia, without reference to conflict of law principles, notwithstanding mandatory rules. The validity of this governing law clause is not contested. The Terms shall be binding to the benefit of the parties hereto and their successors and assigns.
19. Independent Legal Advice
Both parties confirm and declare that the provisions of the Terms are fair and reasonable and both parties having had the opportunity to obtain independent legal advice and declare the Terms are not against public policy on the grounds of inequality or bargaining power or general grounds of restraint of trade.
If any part of these Terms is found to be void or unenforceable by a Court of competent jurisdiction, that part shall be severed and the rest of the Terms shall remain in force.
You may also like to read our Terms of Sale
This page was last updated on January 25th 2017.