Materials on the Website
You acknowledge that the Materials contain general information on international logistics requirements for buyers, sellers and movers. BSM, its suppliers and contractors, do not endorse, recommend or give any legal advice regarding the nature or merits of any particular logistical solution. You may not rely on the Materials to determine your logistics, buying or selling practices without research from other sources and obtaining independent legal advice on your own logistics, buying or selling needs and obligations.
You acknowledge that the Materials may include technical inaccuracies or typographical errors. The Materials are provided “as is” without warranties of any kind either express or implied. To the maximum extent permitted by applicable law, BSM, its suppliers and contractors, make no warranties or representations regarding the quality, accuracy, merchantability or fitness for purpose of any Materials or that access to the Materials will be uninterrupted or error free. Any materials downloaded or otherwise obtained through the use of the Website is done at your own discretion and risk and you are solely responsible for backing up your computer system beforehand and for any loss of data or damage to your computer system that results from the download or use of any such Materials, or use of the Website. BSM, its suppliers and contractors, do not warrant or represent that the Materials will not cause damage, or are free from any computer virus or any other defects or errors.
You acknowledge that the Materials may contain links to other websites operated by third parties, which may not provide accurate information or be currently maintained. BSM does not sponsor, endorse, or approve of any material on other websites or the operators of those websites. BSM makes no warranties or representations regarding the quality, accuracy, merchantability or fitness for purpose of any material on other websites to which the Materials are linked.
Restrictions on Use
You agree to use the Website only for lawful purposes, and in a manner which does not infringe the rights of, or restrict or inhibit the use and enjoyment of this site by any third party. Such restriction or inhibition includes, without limitation, conduct which is unlawful, or which may harass or cause distress or inconvenience to any person and the transmission of obscene or offensive content or disruption of the normal Materials on the Website. Without limiting the generality of the foregoing, you may not post or transmit through the Website any material which violates or infringes in any way upon the rights of others, which is unlawful, threatening, abusive, defamatory, invasive of privacy, vulgar, obscene, profane or otherwise objectionable, which encourages conduct that would constitute a criminal offence, gives rise to civil liability or otherwise violate any law, or which, without the express prior approval of BSM, contains advertising or any solicitation with respect to products or services, including but not limited to, the solicitation of users to become subscribers of other goods and services competitive with the goods and services supplied by BSM.
You may not submit or otherwise make available on the Website any material protected by copyright, trade mark or any other proprietary right without the express permission of the owner of the copyright, trade mark or other proprietary right.
You are solely liable for any damage resulting from any infringement of any copyright, trade mark, proprietary right, or any other harm resulting from such a submission. By submitting material to any public area of the Website, you automatically grant, or warrant that the owner of such material has expressly granted BSM a royalty-free, perpetual, irrevocable, non-exclusive right and licence to use, edit, copy, publish and distribute such material (in whole or in part) in any form, media or technology. You also permit any other user of the Website to access, view, store or reproduce your submitted material for that user’s personal use.
The TOS constitute the entire agreement between BSM and you, subject to any further or supplementary agreement which may be entered into between BSM and you.
BSM may at any time change or modify the whole or any part of the TOS, or impose new conditions, including, but not limited to, adding fees and charges for use. Such changes, modifications, additions or deletions are effective immediately upon publication on the Website. Your continued use of the Website after such publication is deemed to constitute your acceptance of such changes, modifications or additions.
BSM does not make any representation that the Materials are either available or suitable for use in locations outside Australia, or that they comply with any legal or regulatory requirements of such other locations. If you use the Materials, you do so at your own risk and are responsible for compliance with local laws, to the extent that any local laws are applicable.
If any provision of the TOS is found void or unenforceable, the remainder remains valid and enforceable according to its terms.
The TOS are to be construed, interpreted and governed by the laws of New South Wales, Australia and you agree to submit to the non-exclusive jurisdiction of the courts of New South Wales, Australia and any courts which may hear appeals in respect of any proceedings in connection with the TOS.
Limitation of Liability
BSM, its suppliers and contractors, are not liable under any circumstances, including, but not limited to, negligence, for any direct, indirect, incidental, special or consequential damages (including, without limitation, damages for loss of business profits, business interruption, loss of business information, or any other pecuniary loss) that result from the use of, or the inability to use, the Materials. You specifically acknowledge and agree that BSM, its suppliers and contractors, are not liable for any defamatory, offensive or illegal conduct of any user. If you are dissatisfied with any of the Materials, or with any of the TOS, your sole and exclusive remedy is to discontinue using the Materials. BSM’s liability for breach of any implied warranty or condition which cannot be excluded is limited at the option of BSM to the following:
- in the case of services, the supply of the services again or the payment of the cost of having the services supplied again; and
- in the case of goods, the replacement of the goods or the supply of equivalent goods; the repair of the goods; the payment of the cost of replacing the goods or acquiring equivalent goods; or the payment of the cost of having the goods repaired.
You agree to indemnify and hold harmless BSM, its directors, officers, employees and agents from and against all claims and expenses, including legal fees, arising out of your use of the Materials.
All rights, including without limitation copyright, in the Materials belong to BSM or are used under licence unless expressly stated otherwise. You acknowledge that you do not acquire any ownership rights by using or downloading the Materials. You may not copy, modify, transmit, redistribute, publish, sell, create derivative works, or in any way exploit, any of the Materials, in whole or in part without the express permission of BSM. In the event of any permitted use of the Materials, you may not change or delete any author, trade mark or copyright notices.
BSM will only collect information relevant to our business relationship with you and will tell you the purposes for which we intend to use your personal information. BSM only collects personal information about you that is necessary to perform its functions and activities and to fulfil its legal requirements (for example, disclosure to law enforcement agencies or the courts).
BSM will not sell or trade your personal information to any company or person without your consent. However, BSM may allow your information to be provided to other organisations who perform certain functions or operations for BSM or to any of its related companies.
BSM takes all reasonable steps to ensure any personal information collected from you is held securely in an electronic database and in hard copy files. BSM will destroy personal information if it is no longer needed for the purposes for which it was collected or for the purpose of meeting legal requirements.
BSM takes all reasonable steps to ensure that your personal information is accurate, complete and up-to-date at the time of collecting, using or disclosing the information. If you learn that current personal information BSM holds about you is inaccurate, incomplete or out-of-date, you should contact BSM. BSM will promptly update any personal information that is inaccurate.
You may request access to any personal information which BSM holds about you by contacting the Privacy Officer at BSM. BSM may not be able to tell you what personal information it holds about you in certain circumstances, including where: the information relates to anticipated legal proceedings; it will threaten the privacy of other individuals; or the law prevents the disclosure of such information.
BSM has the right in its sole discretion to edit, refuse to publish or remove any material submitted to the Website by you, which it finds to be in violation of the TOS or otherwise objectionable.