TERMS OF USE
Updated April 19th 2022
These Terms of Use apply to our websites, microsites, mobile versions of these websites, and mobile applications (the “Website”) that expressly adopt and display or link to these terms of use (the “Terms of Use”), as may be revised from time to time, and that are owned, operated or controlled by Bolle Safety AU Pty Ltd (ACN 005 741 300) and its affiliates (collectively, “Bollé Safety”, “we”, “our”, or “us”). A listing of the key affiliate entities in the Bolle Safety worldwide group of companies is set out at the end of these Terms of Use. By accessing and continuing to browse or use this Website, you are agreeing to comply with and be bound by the Terms of Use. If you do not accept the Terms of Use, do not browse or use this Website. The Terms of Use constitute a legal agreement.
The terms “user”, “you”, and “”your” refer to the visitor or user of our Website and, if the visitor or user is accessing or using the Website in his or her capacity as an employee or authorized representative of a company, then the terms “you” and “your” also refer to such company.
Content: All Website content, including, without limitation, all text, graphics, audio, video, music, icons, images, hyperlinks, advertising copy, displays, brochures, catalogues, certifications, manuals, data sheets, products, HTML code and scripts (collectively, the “Website Content”), and the collection, arrangement and assembly of the Website Content, is the property of Bollé Safety and/or its sponsors, distributors, or licensors, and is protected by copyright law and other Australian, and international laws and treaties. The user is granted no right, title or interest in or to the Website Content other than the limited license expressly set forth in these Terms of Use.
Use of Website Content: In your access and use of the Website, you agree to comply with all procedures, rules and policies established by us and all applicable federal, state, and local laws and regulations.
The Website, including all Website Content, is provided by us as a service and resource for users to learn more about Bollé Safety and its products. It may be used only for those informational purposes for which it is provided. Subject to these Terms of Use, the user is hereby granted a non-exclusive, non-transferable, limited, revocable license to access and use the Website and the Website Content for the user’s own non-commercial purposes. Your use of the Website is subject to the following restrictions: (i) you may not copy, reproduce, publish, transmit, distribute, perform, display, post, modify, create derivative works from, sell, license or otherwise exploit this Website or any of the Website Content without our prior written permission; (ii) you may not access or use the Website Content or this Website in any manner that is competitive with us or in any manner that violates any applicable federal, state or local laws or regulations; and (iii) you may not permit any copying of our Website Content. Any unauthorized copying, alteration, distribution, transmission, performance, display or other use of the Website Content or this Website is prohibited. We may revoke this limited license at any time for any or no reason. All rights not expressly granted are reserved by us.
Without limiting the generality of the foregoing, you acknowledge and agree that certain content and features available through and used to operate this Website are protected by copyright, trademark, patent, or other proprietary rights, by us and/or our distributors, licensors and service providers. You agree not to modify, alter, or deface any of the trademarks, service marks or other intellectual property we make available in connection with this Website, including the Website Content.
You further agree not to (i) use any data mining, robots, or similar data gathering or extraction methods in connection with this Website or the Website Content; or (ii) attempt to gain unauthorized access to any portion of this Website or the Website Content or any other accounts, computer systems, or networks connected to this Website, whether through hacking, password mining or any other means.
We may terminate, change, suspend or discontinue any aspect of this Website, including the availability of any features of the Website, at any time and without notice.
We may terminate your access to or use of this Website at any time, for any reason or no reason and without prior notice to you. Any such termination, change, suspension or discontinuance shall be without liability to you.
In the event of a violation of these Terms of Use, we reserve the right to seek all remedies available at law and in equity.
Trademarks: All rights regarding any trademarks, trade names, service marks, logos and/or trade dress (collectively, “Marks”) contained in, or used in connection with, the Website are expressly reserved by Bollé Safety and its distributors and/or licensors. The Marks, and all associated logos or images, are registered and/or common law trademarks, and are protected by Australian, and international laws and treaties. No license with respect to the use of the Marks is granted to the user under these Terms of Use or by virtue of the user’s use of the Website. The Marks may not be copied, imitated or used, in whole or in part, without the prior written consent of Bollé Safety or the applicable rights holder.
Links: The Website may include links to third party websites not operated by Bollé Safety and/or its distributors and/or licensors. These links are provided for the user’s convenience and in no way signify any endorsement of any such websites or the content thereof. Access to any such linked site is at the User’s own risk, and BOLLÉ SAFETY will not have any liability arising out of or related to such sites and/or their content, or for any damages or loss caused or alleged to be caused by or in connection with any use of or reliance on any such content, or any goods or services, available on or through any such site.
Similarly, you may not frame or mirror any part of this Website. Any website that links to this Website shall not imply that we endorse such website or any products or services available through such website.
Spam: Any publication of Bolle Safety’s email addresses on the Website is to facilitate communications relating to the goods and services supplied by Bolle Safety. It must not be inferred as consent by Bolle Safety to receive unsolicited commercial electronic messages.
User Information: Some functionality of the Website may require the transmission of information provided by the user (“User Information”). User Information may include, but is not limited to, a user’s name, address, email address, telephone number, method of payment, credit card number, and billing information. The user agrees to keep the User Information provided to the Website current at all times and to promptly update such information in the Website to the extent of any change. By using such functionality, the user consents to the transmission of User Information to Bollé Safety and/or its distributors and/or its agents and authorizes Bollé Safety and/or its distributors and/or its agents to record, process, and store such User Information as necessary for the Website functionality and for the purposes described in the Bolle Safety Privacy Policy located at https://bolle-safety.com/au/privacypolicy.html
which is incorporated herein by reference. The privacy policies for the affiliate entities in the Bolle Safety worldwide group of companies can be accessed by contacting them or visiting their websites.
Online Commerce: The Website may allow users to make online purchases. All purchases are subject to our Terms of Trade (E-Commerce) available here: https://bolle-safety.com/au/terms_conditions.html . Where a user makes such a purchase via the Website, all information obtained by Bollé Safety from the user in the course of such purchase, including User Information, may be collected by Bollé Safety, its distributors and/or licensors, as well as our third party vendors, such as payment processing companies, responsible for facilitating your purchase. These third-party vendors may have privacy and data collection practices that are different from those utilized by Bollé Safety. Bollé Safety has no responsibility or liability for the independent policies of these third-party vendors. In addition to being subject to these Terms of Use, certain user purchases may subject that user to additional terms and conditions of these third-party vendors. The user hereby releases Bollé Safety, its distributors, licensors and its third-party vendors from any damages incurred by the user. Moreover, to the fullest extent allowable under applicable law, the User agrees not to assert against Bollé Safety, its distributors or licensors, or its third-party vendors, any claims arising from the user’s purchase via the Website.
User Content: The Website may allow the user to upload photographs, videos or other content (“User Content”). The user shall be solely responsible for the User Content and the consequences of submitting and publishing the User Content via the Website and related Bollé Safety platforms. The user shall retain ownership of all User Content and hereby grants to Bollé Safety, its distributors and licensors a non-exclusive, royalty-free, transferable, worldwide right and license to use, reproduce, modify, adapt, publish, translate, transmit, distribute and display the User Content via the Website and related Bollé Safety platforms and for our business purposes. The user also grants to the other users of the Website and related Bollé Safety platforms a non-exclusive license to access the User Content via the Website and related Bollé Safety platforms, and to use, reproduce, distribute and display such User Content as permitted through the functionality thereof and subject to these Terms of Use. The user grants Bollé Safety, its distributors and licensors the right to identify the user as the author of any such User Content by name, email address, or screen name, and the user acknowledges that Bollé Safety, its distributors and licensors has the right, but is not obligated, to use any such User Content and that Bollé Safety may cease utilizing such User Content at any time for any reason. The user agrees not to submit, upload, or otherwise make available via the Website any content or materials (i) that are unlawful, threatening, abusive, harassing, defamatory, libelous, obscene, vulgar, profane, injurious to third parties, or which invade another person’s privacy, further the commission or concealment of a crime, or are otherwise objectionable; (ii) infringe the copyright or other intellectual property rights of a third party; or (iii) with respect to which the user does not have the rights necessary to transmit and publish such content or materials, or to grant Bollé Safety, its distributors and licensors the license to use such content or materials as described herein. The user acknowledges that Bollé Safety, its distributors and licensors have no obligation to monitor or screen User Content submitted to the Website, but that Bollé Safety, its distributors and licensors shall have the right (but not the obligation) to reject, remove or delete any User Content that violates these Terms of Use or that is otherwise objectionable. Certain state laws do not allow the limitation or exclusion of liability for certain aspects of digital content. If these laws apply to you, some or all of the above disclaimers, exclusions, or limitations may not apply to you, and you might have additional rights.
Third Party Content: The user understands and agrees that, to the fullest extent allowable under applicable law, Bollé Safety, its distributors and licensors do not control and are not responsible for any Content made available on the Website by other users. The user’s use of, or reliance on, any information contained in such third-party Content is at the user’s sole risk. Except to the extent required by applicable law, under no circumstances will Bollé Safety, its distributors or licensors be liable for any such third-party Content or for any loss or damage resulting from the user’s use of, or reliance on, such third-party Content.
Acceptable Use: The user’s permitted use of the Website and Website Content is limited to the standard functionality of the Website. In no event may the Website be used in a manner that (i) is unlawful, fraudulent or deceptive, (ii) harasses, abuses, stalks, threatens, defames, or otherwise infringes or violates the rights of any third party (including, without limitation, the rights of publicity or other proprietary rights), (iii) uses technology or other means not authorized by Bollé Safety, its distributors or licensors to access Website Content, (iv) attempts to introduce viruses or any other computer code, files or programs that interrupt, destroy or limit the functionality of any computer software, hardware or telecommunications equipment, (v) attempts to gain unauthorized access our systems or user accounts, (vi) encourages conduct that would constitute a criminal offense or that gives rise to civil liability, (vii) attempts to damage, disable or overburden our servers or networks, or (viii) fails to comply with applicable third party terms. The user must comply with all applicable third-party terms of use (e.g., wireless carrier terms of service) at all times while using the Website. Bollé Safety, its distributors and/or licensors reserve the right, in their sole discretion, to terminate the license granted to the user hereunder and/or bring legal action against the user if the user engages in, or Bollé Safety reasonably believes the user has engaged in or is engaging in, use that violates these Terms of Use. Our failure or delay in taking such actions does not constitute a waiver of our rights to enforce these Terms of Use.
Information Disclaimer: Bollé Safety, its distributors and licensors attempt to be as accurate as possible regarding product descriptions, pricing and availability on the Website. However, unless specifically stated otherwise in writing on the Website, we do not warrant that product descriptions or Website Content are accurate, complete, reliable, current, or error-free. From time to time, the Website may contain typographical errors, inaccuracies, or omissions relating to product descriptions, pricing, and availability. Bollé Safety, its distributors and licensors reserve the right to revise the price, description, and/or availability of products without notice. In addition, Bollé Safety reserves the right, without prior notice, to limit the order quantity on any product and/or refuse service to any customer.
Eligibility; Jurisdiction: The user represents and warrants that (i) the user is at least 18 years of age and is fully competent and able to enter into these Terms of Use and to abide by the terms hereof; (ii) the user is not located in a country that is subject to an Australian Government embargo or that has been designated by the Australian Government as a “terrorist support” country, and (iii) the user is not included on any Australian Government list of prohibited or restricted parties. The Website is not intended for children under the age of 13. Bollé Safety provides the Website for use in the Australia. Bollé Safety, its distributors and licensors do not represent the Website is available or appropriate for use in other jurisdictions. Any access to or use of the Website from other jurisdictions is at the user’s sole risk and the user is responsible for complying with all applicable local laws.
Disclaimers: BOLLÉ SAFETY, ITS DISTRIBUTORS AND LICENSORS do not warrant or guarantee the accuracy, RELIABILITY or completeness of the Website Content or represent that the Website or the Website Content is error-free or capable of operating on an uninterrupted basis. THE WEBSITE IS PROVIDED “AS IS” AND “AS AVAILABLE” AND WITHOUT WARRANTY OF ANY KIND. TO THE FULLEST EXTENT ALLOWABLE UNDER APPLICABLE LAW, ALL WARRANTIES, WHETHER EXPRESS OR IMPLIED, ARE HEREBY DISCLAIMED, INCLUDING, BUT NOT LIMITED TO, ANY IMPLIED WARRANTY OF MERCHANTABILITY, ACCEPTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT.
Limitation of Liability: use of the Website is at THE USER’S own risk. TO THE FULLEST EXTENT ALLOWABLE UNDER APPLICABLE LAW, BOLLÉ SAFETY, ITS DISTRIBUTORS AND LICENSORS shall NOT be LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR PUNITIVE DAMAGES ARISING OUT OF OR RELATED TO: (i) use or misuse of the WEBSITE OR the WEBSITE Content; (ii) inability to access or use the WEBSITE or the WEBSITE Content; (iii) any loss or corruption of data or information submitted VIA the WEBSITE; (iv) any communications or services provided by, or requested from, BOLLÉ SAFETY, ITS DISTRIBUTORS AND/OR LICENSORS via the Website; or (V) ANY PERSONAL INJURY (INCLUDING DEATH) OR PROPERTY DAMAGE RESULTING FROM ACCESS TO OR USE OF THE WEBSITE. TO THE FULLEST EXTENT ALLOWABLE UNDER APPLICABLE LAW, The foregoing limitations of liability shall apply whether the claim is based on warranty, contract, tort, or any other legal theory, and whether or not BOLLÉ SAFETY, ITS DISTRIBUTORS AND/OR LICENSORS is advised of the possibility of such damages. Certain state laws do not allow the limitation or exclusion of liability for certain aspects of conduct. If these laws apply to you, some or all of the above disclaimers, exclusions, or limitations may not apply to you, and you might have additional rights.
Indemnity: Upon request by Bollé Safety, the user agrees to indemnify, defend and hold harmless Bollé Safety and its employees, contractors, officers, directors, distributors and licensors from and against all claims, suits, demands, damages, liabilities, loss, cost, and expense (including reasonable attorneys’ fees) that arise from: (i) the user’s use or misuse of the Website; (ii) the user’s violation of these Terms of Use; (iii) the User’s violation of any third party right, including without limitation any copyright, property or privacy right; or (iv) any claim that the User Content resulted in damage to a third party. Bollé Safety reserves the right, to assume the exclusive defense and control of any matter otherwise subject to indemnification by the user, either itself or by its nominee, in which event the user will cooperate with Bollé Safety, its distributors and licensors in asserting any available defenses.
Changes to Website: At any time and without notice to the user, Bollé Safety, its distributors or licensors may change or modify the Website, or any features or functions thereof, or may suspend or discontinue the Website, or stop supporting the Website, or any aspect thereof. Any such termination, change, suspension or discontinuance shall be without liability to the user.
Changes to Terms; Updates: Bollé Safety reserves the right to change these Terms of Use at any time, and in its sole discretion, by changing these Terms of Use within the Website. The Terms of Use as changed will be made available for display to the user. The user’s continued use of the Website after any such changes to these Terms of Use are made available through the Website will constitute the user’s acceptance of those changes. These Terms of Use shall govern any updates to, or supplements or replacements for, the Website unless separate terms are provided in conjunction with such updates, supplements or replacements - in which case such separate terms will apply.
Governing Law: These Terms of Use are governed by the laws of Victoria, Australia, without giving effect to conflict of laws principles. The user irrevocably consents to the exclusive jurisdiction of the courts of Victoria, Australia, and of courts entitled to hear appeals from those courts, for purposes of any legal action arising out of or related to these Terms of Use or use of the Website.
Prohibition of Class and Representative Actions and Non-Individualized Relief: TO THE FULLEST EXTENT ALLOWABLE UNDER APPLICABLE LAW, EACH OF US MAY BRING CLAIMS AGAINST THE OTHER ONLY ON AN INDIVIDUAL BASIS AND NOT AS PART OF ANY PURPORTED CLASS OR REPRESENTATIVE ACTION OR PROCEEDING. UNLESS BOTH YOU AND WE AGREE OTHERWISE IN WRITING., THE ARBITRATOR MAY NOT CONSOLIDATE OR JOIN MORE THAN ONE PERSON’S OR PARTY’S CLAIMS, AND MAY NOT OTHERWISE PRESIDE OVER ANY FORM OF A CONSOLIDATED, REPRESENTATIVE OR CLASS PROCEEDING. THE ARBITRATOR MAY AWARD RELIEF (INCLUDING MONETARY, INJUNCTIVE AND DECLARATORY RELIEF) ONLY IN FAVOR OF THE INDIVIDUAL PARTY SEEKING RELIEF AND ONLY TO THE EXTENT NECESSARY TO PROVIDE RELIEF NECESSITATED BY THAT PARTY’S INDIVIDUAL CLAIM(S). ANY RELIEF AWARDED CANNOT AFFECT OTHER USERS.
Interpretation: If a provision of these Terms of Use (or part) is held to be unenforceable or invalid, then it must be interpreted as narrowly as necessary to allow it to be enforceable or valid. If a provision (or part) cannot be read down, then the provision (or part) must be severed from these Terms and the remaining provisions (and remaining part of the provision) are valid and enforceable.
Contact: Any questions, complaints, or claims regarding the Website may be directed to: https://bolle-safety.com/au/contactus
Bolle Safety AU Pty Ltd
ACN 005 741 300
32-40 Fairchild Street
Heatherton VIC 3202
Australia
Bolle Safety’s worldwide affiliates include:
- Bolle Safety Inc (USA)
- Bolle Protection SARL (France)
- Bolle Brands UK Ltd (UK)
- Bolle Safety AU Pty Ltd
- Bolle (NZ) Limited
- Bollé Brands (Japan) limited
- Bollé Brands Hong Kong limited
- And may include Bollé Brands France SAS