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Terms and Conditions

Terms and Conditions

Website Terms and Conditions

  1. This website, www.bluedinosaur.com.au ("Website") is owned and operated by Blue Dinosaur Pty Ltd ABN 89 159 791 376 ("Blue Dinosaur", "we", "our" or "us") for the benefit of individuals and entities interested in our products and/or services.
  2. These website terms and conditions ("Terms of Use") apply to your use of the Website and by using the Website you agree to be bound by these Terms of Use.
  3. Please read these Terms of Use prior to purchasing any goods and/or using our services.
  4. Please read these Terms of Use carefully. If you do not agree to these Terms of Use, you should not obtain or use information, services or goods from this Website.

Information

  1. All information displayed on the Website is current at the time of display and any reference to currency is a reference to Australian Dollars. We take every reasonable care to ensure accuracy of all information. However, Blue Dinosaur is not liable for any errors in pricing and descriptions. It is your responsibility to enquire with us directly to ensure the accuracy and currency of the material or information you seek to rely upon.
  2. Blue Dinosaur has made all reasonable efforts to ensure that all information on this Website is accurate at the time of publication, but we provide no guarantees, warranties or undertakings that the information contained on this Website is accurate, complete or up-to-date. There may be errors on this Website for which Blue Dinosaur apologises and disclaims all liability.
  3. We may from time to time, before purchasing any goods from this Website, require you to enter into the relevant agreement for the purchase of the goods, and execute all other necessary documents.

Access and use of the Website

  1. You acknowledge and accept that access to and use of parts of the Website may:
    1. be restricted to members and account holders;
    2. be subject to our Terms and Conditions of Sale as well as these Terms of Use; or
    3. require a payment of a fee.
  2. You acknowledge and accept that imposition or removal of any access or use restrictions for any part of the Website is at Our sole discretion.

Registering an Account

  1. It may be necessary for you to register an account to access various services and products.
  2. To register an account, you must follow the account registration procedures as provided on the Website which may include you being required to:
    1. signify your acceptance of these Terms of Use, in addition to any other conditions which apply to the use of a product or service which are displayed on the Website at that time;
    2. validly enter your email address, a password and all other information requested in the registration section of the Website; and
  3. Accepting these Terms of Use and any additional terms and conditions (including our Terms and Conditions of Sale) displayed during the registration process is an important part of the registration process and you should carefully read these Terms of Use and any additional terms and conditions which apply before registering an account with Us.
  4. If you elect to register an account with the Website and / or participate in any promotions, you agree to:
    1. provide true, accurate, current and complete information about yourself; and
    2. maintain and promptly update such information to keep it accurate. If You provide any information that is untrue, inaccurate, or incomplete, or We have reasonable grounds to suspect the information you provide is untrue, inaccurate or incomplete, We reserve the right to suspend or terminate your account (including any payments or pending orders) and refuse any and all current or future use of the Website (or any portion thereof).
  5. In registering an account, you may be required to select a username. You agree that account usernames may be refused, changed, removed or replaced by Us for reasons including, but not limited to, where an account username is used to impersonate another person, if a username is offensive or violates third party intellectual property rights.
  6. In registering an account you will be required to select a password.
  7. You
    1. must keep your account password confidential;
    2. must ensure that you "log off" and or exit from your account at the end of each session;
    3. are responsible for any activities or transactions (including payment by you to Us in exchange for products or services) made using your account;
    4. must immediately notify Us of any unauthorised access or use of your account via the contact us section of the Website; and
    5. agree and accept that We are not liable for any damage or loss which results from unauthorised access to your account.
  8. Unless otherwise stated in any additional account registration terms, your account is not transferrable and you may only register one Account. Accordingly, you agree not to transfer your username or password, or lend or otherwise transfer your use of or access to the Website, to any third party without our consent.

Termination of Account

  1. You agree that We, in Our sole and absolute discretion, may terminate, delete or deactivate your username, password, account (or any part thereof) or use of the Website, for any or no reason, including, without limitation, if we believe that you have violated or acted inconsistently with these Terms of Use and / or Our Terms and Conditions of Sale.
  2. You agree that any termination of your access to the Website under any provision of these Terms of Useand / or Our Terms and Conditions of Sale may be effected without prior notice, and acknowledge and agree that We may immediately deactivate or delete your account and all related information in your account and / or bar any further access to such information or to the Website. Further, you agree that We shall not be liable to you or any third-party for any termination of your access to the Website.
  3. Subject to any additional terms specific to an account, you may close your account at any time.
  4. We reserve the right, without notice to you and at Our complete discretion, to refuse to register your account or close your account if We believe you:
    1. have breached any part of these Terms of Use and / or Our Terms and Conditions of Sale;
    2. are likely to breach any part of these Terms of Use and / or Our Terms and Conditions of Sale; or
    3. have acted against Our business interests or reputation.

Links

  1. If you wish to establish a link to the Blue Dinosaur Website from your website, you must seek our prior written consent.
  2. This Website may from time to time contain hyperlinks to other websites. Such links are provided for convenience only and Blue Dinosaur is not responsible for the content and maintenance of or privacy compliance in relation to any linked website. Any hyperlink on our Website to another website does not necessarily imply our endorsement, support, or sponsorship of the operator of that website or of the information and/or goods that they provide.

Intellectual Property

  1. By accessing and using the Website and/or any associated products and services, you acknowledge and agree:
    1. that We are the owner of all rights, titles and interests in all present and future rights to trade marks, domain names, logos, patents, inventions, copyrights and all similar rights in any part of the world whether registered or unregistered, which directly or indirectly relate to any products or services utilised by or embodied by Us ("Intellectual Property") and you will not hinder, impede, invalidate or challenge Our ownership or entitlement to use or register any part of the Intellectual Property in any way, or do any act which may diminish the value of the Intellectual Property;
    2. that you have no right, title or interest in or to the Website, products or services;
    3. any use, downloading, uploading, transmission, distribution, copying, adaption, modification, communication or reproduction of any part of the Website, the content including but not limited to any data, information, e-Newsletters, software, text, blogs, images, movies, animations, links or other references to other websites, persons or information or any other digital media whether currently existing or not that may be displayed, delivered through or otherwise embodied in the Website or the Intellectual Property is strictly prohibited unless necessary for and incidental to your access and use of the Website or with Our prior written authorisation.
  2. Blue Dinosaur and Our logo include, without limitation, trademarks, service marks or registered trademarks, and may not be copied, imitated, or used, in whole or in part, without Our prior written permission.
  3. Unless We have granted you a license to Our Intellectual Property, Our provision of access to the Website or its products and services to you does not give you any license to Our Intellectual Property. Any rights not expressly granted herein are reserved.

Security Risk

  1. Third parties may intercept or modify transmissions to and from this Website and it is possible that computer viruses or other defects may be contained in files obtained from or through this Website. Blue Dinosaur is not liable for any damage that may be a result of your use of this Website or of any linked Website.

Disclaimer

  1. Blue Dinosaur excludes any liability for any loss, liability or damage suffered by any person as a result of the use of this web site or reliance on any information from the Website.
  2. Blue Dinosaur is not responsible and accepts no liability for loss or damage arising from Website failures or downtime.

Liability

  1. To the fullest extent permitted by law:
    1. all conditions and warranties concerning the Website (whether as to quality, outcome, fitness, care, skill or otherwise) expressed or implied by statute, common law, equity, trade, custom or usage or otherwise are expressly excluded and in respect of those statutory warranties which cannot be excluded for any Products or Services provided by Us, Our liability to You is limited to the remedies contained in section 64A of the Australian Consumer Law (Cth), which you agree is your only remedy;
    2. in no event will We, Our officers, employees, agents, contractors, licensors, suppliers, or any other third parties mentioned on the Website be liable for any loss, costs or damages (including, without limitation, economic or consequential loss, lost profits or special damages) resulting from the use of or inability to use the Website, whether arising under statute or in contract, tort or any other legal doctrine, and whether or not We are or ought to have been aware of, or advised of the possibility of such loss, costs or damages; and
    3. remedies under these Terms of Use are exclusive and are limited to those expressly provided for in these Terms of Use.

Indemnity

  1. You indemnify Us, Our officers, directors, employees, consultants, representatives, agents and third-party providers (Indemnified Parties), from and against any and all losses (including but not limited to legal costs) suffered by and third-party claims made against any Indemnified Parties arising from your use of the Website or related products or services, your violation of these Terms of Use and / or Our Terms and Conditions of Sale, any applicable law or your infringement, or infringement by any other user of your account of any intellectual property or other right of any person or entity.

No Spam, Spyware or Spoofing

  1. You are prohibited from engaging in spam, spyware or spoofing type activities, regardless of whether directed towards Us or other users.
  2. You must not use Our website or its communication tools to send, upload or distribute spam, viruses or malicious, illegal or prohibited content to Our website or otherwise send content that would breach this Privacy Policy.
  3. We may (or We may engage a third party service provider to) take steps to scan and filter messages to check for spam, viruses, phishing attacks and other malicious activity or unlawful or content prohibited by this Privacy Policy and Our Terms of Sale.
  4. To report spam, spyware or spoof activities to Us, please email us at info@bluedinosaur.com.au.

Privacy Policy

  1. All personal information obtained by using the Blue Dinosaur Website is governed by Blue Dinosaur's Privacy Policy. By using the Website you agree with the Blue Dinosaur's Privacy Policy. If you do not agree to Blue Dinosaur's Privacy Policy, you should not provide your personal information to the Blue Dinosaur.
  2. Upon accepting these Terms of Use and the Privacy Policy you agree that the personal information collected may also be used to promote and inform you on other Blue Dinosaur products and services, which may interest you. You may notify us at any time that you no longer wish to receive any direct marketing by email at info@bluedinosaur.com.au.

Transactions

  1. All products displayed on this Website are sold subject to our Terms and Conditions of Sale, and by processing an Order any items off this Website, you agree to be bound by these Terms of Use.
  2. All Products displayed on this Website are displayed only as an invitation to treat. By placing an order via this Website you are making an offer to enter into an agreement with us on the terms prescribed in our Terms and Conditions of Sale, it is our sole discretion to accept or reject your offer.

General

  1. No waiver of any of these terms and conditions or failure to exercise a right or remedy by Blue Dinosaur will be considered to imply or constitute a further waiver by Blue Dinosaur of the same or any other term, condition, right or remedy.
  2. Blue Dinosaur reserves the right to modify any of the Terms of Use and Privacy Policy at any time.
  3. You agree that these Terms of Use and any other agreements referenced herein may be assigned by Us, in Our sole discretion, to a third party in the event of a merger or acquisition.
  4. We will not be responsible or liable for failure to perform any obligation under these Terms of Use and / or Our Terms and Conditions of Sale if such failure is caused by the occurrence of any matter beyond its reasonable control including, without limitation, industrial disputes, internet and communications outages, fire, flood, war, explosion, accident or act of God.
  5. To the extent that any part of these Terms of Use are invalid, unenforceable, illegal, void or voidable for any reason, then these Terms of Use will be construed and be binding as if the invalid, unenforceable, illegal, void or voidable part had been deleted from them or read down to the extent necessary to overcome the difficulty.
  6. These Terms of Use are governed by the laws of New South Wales, Australia. If any part of these Terms of Use is found to be invalid or unenforceable, it shall be served without affecting the remainder.



Terms and Conditions of Sale

1) Definitions, Interpretation

1.1 Definitions

Additional Charges includes all delivery, handling and storage charges, goods and services tax, interest, legal and other costs of recovery of unpaid money and all other government imposts and all money, other than the Purchase Price, payable by the Customer to Blue Dinosaur arising out of the sale of the Goods.

Blue Dinosaur means Blue Dinosaur Pty Ltd ABN 89 159 791 376.

Customer means the person, firm or corporation named in the Quotation / Invoice or Order and in the case of an individual, his executors, administrators and assigns, and in the case of a corporation, its successors and assigns.

Goods mean the goods sold to the Customer by Blue Dinosaur and includes any related services provided by Blue Dinosaur.

GST means any goods and services tax under A New Tax System (Goods and Services Tax) Act 1999 ("GST Act").

Invoice means any invoice given by Blue Dinosaur to the Customer in connection with its supply to the Customer of the Goods that are subject to these Terms.

Order means an order to buy the Goods from Blue Dinosaur made by the Customer to Blue Dinosaur.

PPSA means the Personal Property Securities Act 2009 (Cth).

Purchase Price means:

    1. in the case where a Quotation has been issued by Blue Dinosaur to the Customer for the supply of the Goods, such amount as Blue Dinosaur has specified in the Quotation as being the Purchase Price; and
    2. in any other case, the price determined by Blue Dinosaur and specified in Blue Dinosaur's Invoice in respect of the relevant Goods

Quotation means any quotation given by Blue Dinosaur to the Customer for Blue Dinosaur to supply to the Customer the Goods and subject to these Terms.

Special Conditionsmeans those terms and conditions of Blue Dinosaur (if any) in addition to these Terms set out in the relevant Quotation, or acceptance of any Order, as the case may be.

Terms means these terms and conditions of sale as amended from time to time by Blue Dinosaur and notified to the Customer.

Transaction means a payment by the Customer to Blue Dinosaur in exchange for Goods.

Website means Blue Dinosaur's website located at the URL www.bluedinosaur.com.au.

1.2 Interpretation

In the event of any inconsistency between these Terms and any Special Conditions, the Special Conditions will prevail.

2A) Transactions

2A.1 The Customer may be required to make a Transaction through the Website for Goods.

2A.2 All Transactions made through the Website will be covered by these Terms and any additional terms or conditions displayed during the finalisation of the Transaction.

2A.3 All Goods offered on the Website are subject to the restrictions and disclaimers contained in these Terms in addition to any other Terms and conditions which apply to those Goods.

2A.3 By completing a Transaction the Customer agrees to pay all amounts related to the Transaction including all taxes and delivery charges by the relevant due date. Once a Transaction is completed on the Website it cannot be cancelled or reversed.

2A.4 The Customer acknowledges and accept that, while Blue Dinosaur make all reasonable commercial efforts to ensure Transactions occur in a secure environment, transacting through the Internet has inherent risks and Blue Dinosaur is not responsible for any unauthorised:

    1. interception, modification or diversion of a Transaction request; or
    2. access or copying of details relating to a Transaction (including personal or financial information).

2A.5 Blue Dinosaur reserves the right to modify, suspend or cancel any Transaction for any reason.

2) Quotation & Orders

2.1 Unless previously withdrawn, a Quotation is valid for 14 days from the date the Quotation is provided or such other period as agreed by Blue Dinosaur. A Quotation is not to be construed as an obligation by Blue Dinosaur to sell but merely an invitation to treat and no contractual relationship shall arise there from until an Order has accepted by Blue Dinosaur.

2.2 Blue Dinosaur is not bound by any conditions attached to any Order unless such conditions are expressly accepted by Blue Dinosaur; otherwise, these Terms and any Special Conditions override and prevail over any conditions contained in the Customer's Order.

2.3 The Customer and Blue Dinosaur agree that an Order is binding on Blue Dinosaur and Customer immediately upon Blue Dinosaur accepting the Order or Blue Dinosaur making a supply to the Customer and such Order is subject to these Terms.

2.4 An Order which has been accepted in whole or in part by Blue Dinosaur cannot be cancelled by the Customer without obtaining the prior written approval of Blue Dinosaur, which it may refuse in its absolute discretion.

2.5 The Customer must place all Orders to Blue Dinosaur in writing specifying order number, date of order, Goods required, place of delivery and full name and title of person placing the order.

2.6 Minimum order values or quantity may apply to particular Orders made by the Customer (as specified in Blue Dinosaur's price list or as otherwise advised by Blue Dinosaur from time to time). Orders below a minimum order value or quantity will incur an additional (excluding GST) service charge.

3) Price & Payment

3.1 The Customer must pay the Purchase Price and the Additional Charges to Blue Dinosaur.

3.2 Where Blue Dinosaur has not agreed to grant credit to the Customer, all payments must be made by the Customer in advance or on delivery of the Goods. Where Blue Dinosaur has agreed to grant credit to the Customer, all payments are due by date specified on the invoice.

3.3 All prices quoted, unless otherwise stated, are inclusive of GST.

3.4 All prices, unless otherwise stated, are quoted in Australian dollars (AUD).

3.5 Goods prices do not include delivery fees.

3.6 In the event a Customer is entitled to a refund, the refund will be made to the original credit card. For paypal transactions the refund will be made to the paypal account.

3.7 When providing your credit or debit card details the Customer is warranting it is authorised to use that card and has sufficient available funds to cover the charges for the Goods and their delivery.

3.8 All payments by made by credit card (Visa/MasterCard only accepted) may incur a merchant handling fee of up to 2.5%. It is at Blue Dinosaur's sole discretion whether it chooses to charge this fee to the Customer.

3.9 All amounts payable by the Customer under these Terms must be paid without set-off or counter claim of any kind.

3.10 If the Customer fails to pay any amounts outstanding to Blue Dinosaur in full in accordance with this clause, then without prejudice to any other rights under these Terms or available by law:

    1. the Customer will be liable to pay interest on overdue amounts calculated at the rate of 1.5% per month or part of a month on amounts overdue from the due date until the date full payment is received by Blue Dinosaur; and
    2. Blue Dinosaur may suspend or cancel performance (including the supply/dispatch of the relevant Goods) of any of its contractual obligations to the Customer without prejudice to any of its existing rights; and/or
    3. Blue Dinosaur may cancel all discounts or rebates previously extended by it to the Customer.

3.11 The Customer is deemed to be in default immediately if any payment to Blue Dinosaur is not made promptly on or before the due date for payment.

3.12 In the event of a default by the Customer, then without prejudice to any other rights which Blue Dinosaur may have at law or under these Terms:

    1. Blue Dinosaur or its agents may without notice to the Customer enter the Customer's premises or any premises under the control of the Customer for the purposes of recovering the Goods;
    2. Blue Dinosaur may recover and resell the Goods; the Customer must pay to Blue Dinosaur all reasonable costs and disbursements incurred by Blue Dinosaur in pursuing any recovery action, or any other claim or remedy against the Customer, including debt recovery fees and legal fees incurred by Blue Dinosaur on a solicitor client basis and as a liquidated sum.

4) Cancellation & Termination

4.1 The Customer may not cancel an Order or any part of an Order:

    1. in respect of any Goods made specially to the Customer's requirements; or
    2. that is already prepared and/or with a courier for delivery.

4.2 Orders cancelled less than 2 days prior to the scheduled delivery date for deliveries within Australia, will incur an administration fee of $50.00.

4.2 If the Customer wishes to cancel the whole or any part of an Order the Customer must serve a cancellation request in writing on Blue Dinosaur, which it may accept in its absolute discretion.

4.3 If Blue Dinosaur agrees to the cancellation request Blue Dinosaur will refund any amounts paid by the Customer, less any administration fee and any other costs incurred by Blue Dinosaur up to the date that such notice is received by Blue Dinosaur. If Blue Dinosaur has incurred costs in excess of any amounts paid by the Customer, the Customer must on demand reimburse Blue Dinosaur for all such costs.

5) Delivery & Passing of Risk

5.1 The Customer acknowledges that any time quoted to them by Blue Dinosaur for delivery of the Goods is an estimate only. Blue Dinosaur may suspend delivery or extend delivery time in whole or part for any reason whatsoever.

5.2 Blue Dinosaur will not be liable in any way to the Customer (including without limitation for loss of profits or other consequential loss) for any loss arising out of any failure or delay in delivery of the Goods or in connection with damage to the Goods howsoever caused during delivery.

5.3 Blue Dinosaur may arrange for delivery of the Goods in instalments and these Terms will apply to the supply of each instalment as if that supply was the subject of a separate contract between Blue Dinosaur and the Customer. In particular, the Customer will pay Blue Dinosaur for each instalment so supplied, irrespective of the failure or delay in delivery of any other instalment.

5.4 The Goods will be at the Customer's risk:

    1. in the case where Blue Dinosaur arranges for delivery of the Goods to the Customer, just prior to the Goods being unloaded at the address nominated by the Customer for delivery; and
    2. in the case where the Customer arranges for the delivery of the Goods, immediately upon the Goods being placed into the possession of the Customer's carrier or the Customer's agent's carrier (as the case may be).

6) Title to Goods

6.1 Legal and beneficial title to the Goods will remain with Blue Dinosaur until the Purchase Price and any other amounts owing have been paid in full to Blue Dinosaur. Until such time and notwithstanding the delivery of the Goods to the Customer:

    1. Blue Dinosaur may retain possession of all documents or certificates of ownership or other evidence of title to the Goods;
    2. the Customer must maintain the Goods in the same condition as they are at the date of their delivery to the Customer;
    3. the Customer must not place, or allow to be placed, on the Goods any plates or marks that are inconsistent with the ownership of Blue Dinosaur;
    4. the Customer must not part with possession of the Goods without Blue Dinosaur's written consent;
    5. the Customer must store the Goods separately from any other goods in the Customer's possession and in such a manner as to indicate that the Goods are the property of Blue Dinosaur;
    6. the Customer will hold the Goods as Bailee on trust for Blue Dinosaur; and
    7. the Customer must not give another person an interest in or any form of security over the Goods, or authorise anyone else to do so, without Blue Dinosaur's written consent.

7) Return Policy

7.1 This clause applies where Blue Dinosaur, at its sole and absolute discretion, accepts the return of Goods from the Customer.

7.2 The Customer undertakes to examine the Goods immediately after delivery.

7.3 Any dissatisfaction with any Goods and all return and refund requests must be made by the Customer to Blue Dinosaur within seven (7) days of delivery of the order to the Customer. Complaints, return and refund requests can be made to info@bluedinosaur.com.au. Blue Dinosaur reserves the right to request photos of the original Goods.

7.4 Any returns or refunds must be authorized by Blue Dinosaur before any Goods can be returned.

7.4 If approval is granted by Blue Dinosaur, then Blue Dinosaur will issue the Customer with a "Credit Request Number". This does not constitute an acceptance by Blue Dinosaur of returned Goods.

7.5 Blue Dinosaur will not be obliged to accept Products returned by the Customer or granting a credit for such Products, unless:

    1. the returned Goods are accompanied by Blue Dinosaur's "Credit Request Number";
    2. the returned Goods are accompanied by Blue Dinosaur's packing reference and original invoice or the original invoice number; and
    3. the Goods are returned in original packaging and condition in which they were delivered or collected.

7.6 The return of Goods will be assessed and reviewed on a case by case basis.

7.7 Any discount or allowance (however determined) allowed by Blue Dinosaur to the Customer in respect of the Goods will be credited against the price of the Goods and will represent a reduction of that price.Should any refund be payable, such refund will be paid within 30 days.

7.8 Notwithstanding any right of the Customer to return the Goods, to the extent permitted by law, Blue Dinosaur will not accept the return of the Goods in the following circumstances:

    1. where the Goods have been incorrectly ordered by the Customer;
    2. any Goods that cannot be returned for health and/or safety reasons;
    3. if the Goods have been damaged or a defective as a result of the Customer's negligence in dealing with the Goods, or mishandling or misuse of the Goods;
    4. where the Customer has purchased the Goods from wholesaler, broker or other unauthorised supplier;
    5. where the Customer has purchased the Goods from a trustee, administrator, receiver or liquidator sale or auction.

7.9 The Customer is responsible for all shipping, postage, delivery, and / or freight costs when returning any Goods to Blue Dinosaur.

8) Registration of PPSR Security Interest

8.1 Defined terms in this clause have the same meaning as in the PPSA. At Blue Dinosaur's request, the Customer must promptly execute any documents and do anything required to register Blue Dinosaur's security interest in the Goods under applicable legislation (including the "security interest" granted to Blue Dinosaur under clause 8.3(a).

8.2 The goods supplied or to be supplied under these Terms fall within the PPSA classification of "Other Goods" acquired by the Customer pursuant to these Terms.

8.3 To secure payment of all amounts owing to Blue Dinosaur by the Customer and the performance of all other obligations of the Customer under these Terms which constitutes a Security Interest, to the extent applicable to the sale of the Goods, the Customer:

    1. grants to Blue Dinosaur a Security Interest in the Goods;
    2. must immediately return the Goods if requested to do so by Blue Dinosaur following non-payment of any amount owing by the Customer to Blue Dinosaur or non-fulfilment of any other obligation of the Customer to Blue Dinosaur, without limiting any other right Blue Dinosaur may have;
    3. gives Blue Dinosaur the right to inspect the Goods or any part of them at all reasonable times;
    4. waives its right:
      1. to receive any notice that Blue Dinosaur intends to sell the Goods or to retain the Goods on enforcement of the Security Interest granted to Blue Dinosaur under these Terms;
      2. to object to Blue Dinosaur's proposal to retain the Goods in satisfaction of any obligation owed by the Customer to Blue Dinosaur; and
      3. where any Goods become an accession, as defined in the PPSA, to not have any Goods damaged when the owner removes the accession, to receive notice of removal of the accession and to apply to the court for an order concerning the removal of the accession, under the PPSA;
    5. must not give to Blue Dinosaur a written demand, or allow any other person to give to Blue Dinosaur a written demand, requiring Blue Dinosaur to register a financing change statement or enter into or allow any other person to enter into the register of personal property securities a financing change statement under the PPSA in relation to the Goods;
    6. must not sell, lease, dispose of, create a Security Interest in, mortgage or part with possession of the Goods or any interest in them (or purport or attempt to purport to do such thing) or permit any lien over the Goods;
    7. by collecting or accepting delivery of the Goods, acknowledges that these Terms constitute a Security Agreement for the purposes of section 20 of the PPSA and it has received value as at the date of first collection of the Goods and has not agreed to postpone the time for attachment of the Security Interest granted to Blue Dinosaur under these Terms; and
    8. to the extent permissible by law, waives its right to receive notification of or a copy of any Verification Statement confirming registration of a Financing Statement or a Financing Change Statement relating to a Security Interest granted by the Customer, as Grantor, to Blue Dinosaur.

9) Acknowledgments

9.1 The Customer acknowledges and agrees that:

    1. the Goods are of a size, quality, nutrition, description, manufacture, and material suitable to the Customer;
    2. the Customer is fully satisfied that the Goods are suitable for all the Customer's purposes;
    3. the Customer in ordering the Goods has relied entirely on its own judgment and not on any statements, written or oral, made by Blue Dinosaur, its employees or agents;
    4. all promises, warranties, and conditions express or implied by law or otherwise with respect to the Goods are hereby expressly negated and extinguished to the extent permitted by law; and
    5. Blue Dinosaur will not be liable to the Customer for any liability, claim, loss, damage or expense of any kind (direct or indirect) suffered by the Customer or any third party in connection with the Goods or any inadequacy or deficiency in the Goods.

9.2 Where the Customer on-sells the Goods the Customer must not:

    1. misrepresent to anyone the specifications, performance or purpose of the Goods; or
    2. make or give any warranties, guarantees or representations in relation to the Goods whatsoever without Blue Dinosaur's prior written consent.

10) Limitation of Liability

10.1 The liability of Blue Dinosaur is limited, to the extent permissible by law and at the sole option of Blue Dinosaur:

    1. in relation to Goods, to;
      1. replacing the Goods or the supply of equivalent goods;
      2. the repair of the Goods;
      3. the payment of the cost of replacing the Goods or of acquiring equivalent goods; or
      4. the payment of the cost of having the Goods repaired; and
    2. in relation to services, to:
    3. the supply of the services again; and
    4. the payment of the cost of having the services supplied again.

10.2 To the extent permitted by law, all other warranties whether implied or otherwise, not set out in these Terms or in specific warranties accompanying the Goods, are excluded and Blue Dinosaur is not liable in contract, tort (including, without limitation, negligence or breach of statutory duty) or otherwise to compensate the Customer for:

    1. any increased costs or expenses;
    2. any loss of profit, revenue, business, contracts or anticipated savings;
    3. any loss or expense resulting from a claim by a third party;
    4. any loss or damage whatsoever in connection with any information, written or oral, or assistance given to the Customer, whether by way of advice, instruction, technical information, demonstration or otherwise; or
    5. any special, indirect or consequential loss or damage of any nature whatsoever in connection with the Customer's purchase, on-sale or use of the Goods in any way.

11) Indemity

11.1 To the full extent permitted by law, Customer will indemnify Blue Dinosaur and keep Blue Dinosaur indemnified from and against any liability and any loss or damage Blue Dinosaur may sustain, as a result of any breach, act or omission, arising directly or indirectly from or in connection with any breach of any of these Terms by the Customer or its representatives.

12) Entire Agreement

12.1 These Terms apply (unless otherwise previously agreed in writing) to the supply of Goods by Blue Dinosaur to a Customer from time to time. Any supply of Goods by Blue Dinosaur to the Customer made after the date of acceptance of these Terms is a supply pursuant to the supply agreement constituted by these Terms and the relevant order accepted by Blue Dinosaur and any such supply does not give rise to a new or separate agreement.

12.2 The Customer and Blue Dinosaur acknowledge and agree that these Terms supersede any prior agreement, arrangement or understanding between the Customer and Blue Dinosaur. No local, general or trade custom will affect in any way the Terms.

12.3 No waiver or variation of these Terms will be binding on the Customer or Blue Dinosaur unless signed by both the Customer and Blue Dinosaur.

13) General

13.1 In respect of any matter or thing which must be done by the Customer within a stipulated time frame, time shall be of the essence, consequently, the Customers failure to comply with such time frame shall constitute a breach by the Customer of an essential term of these Terms.

13.2 If any provision of these Terms is held to be illegal, unenforceable or void then to the extent of such illegality, unenforceability or invalidity that provision will be considered independently of and severable from the other provisions.

13.3 A certificate by an employee of Blue Dinosaur as to any act or omission of the Customer shall be accepted by the Customer in all courts and at all times to be prima facie evidence of the matters stated therein.

13.4 These Terms shall be construed and interpreted in accordance with the laws of New South Wales and the Customer irrevocably agrees to submit to the non-exclusive jurisdiction of the courts of that state.

13.5 All notices given under these Terms must be in writing. A notice given by Blue Dinosaur to the last known place of business of the Customer will be deemed received on delivery or the business day in New South Wales following posting, whichever is the earlier.

13.6 Blue Dinosaur shall not be liable for any failure of or delay in the performance of these Terms for the period that such failure or delay is due to causes beyond its reasonable control, including but not limited to acts of God, war, strikes or industrial disputes, embargoes, government orders or any other force majeure event.



Privacy Policy


  1. Overview
    This privacy policy (Privacy Policy) sets out how Blue Dinosaur Pty Ltd ABN 89 159 791 376 ('Us', 'We' or 'Our') collects, stores, uses, protects and shares your personal information.

    When you engage Us to provide you with any goods or services, communicate with us or use any of Our other services including Our website you agree to the collection, storage, usage and disclosure of your personal information by Us in the manner described in this Privacy Policy.

    Unless We obtain your written consent, We will not sell, disclose, licence or rent your personal information to a third party for that third party's marketing purposes.

    We reserve the right to amend this Privacy Policy at any time by posting the amended terms on Our website. If We make material changes to this Privacy Policy, We will notify you by means of a notice on Our website and/or other means so that you can access and review the changes.

  2. Definitions
    "Personal Information" means information that can be associated with a specific person and can be used to identify that person and includes your information. Information that has been made anonymous or aggregated so that it cannot be used, whether in combination with other information or otherwise, to identify a specific user is not personal information.

  3. Collection
    We collect personal information in a number of ways, including:
    1. when you provide information directly to us in person, by phone or in writing (whether electronic, via our communication tools or otherwise);
    2. when you visit and/or use Our website, in which case, We record information sent to us by your computer, mobile device or other access device; and
    3. from third parties such as Our related entities, service providers to Us, operators of linked websites, applications and advertising on Our website.

    What we collect

    We collect the following types of personal information in order to provide you with access to and use of Our website and for the purposes provided for in this Privacy Policy:
    1. your name, user ID's and passwords, phone number, mobile telephone number, email address, physical address and other contact information;
    2. financial information such as credit card or bank account numbers;
    3. records and content of communications with us or any other person including when using any website communication tools;
    4. personal information based on your activities on Our website;
    5. personal information you provide to us through any correspondence, or shared by you from other social media applications, services or other websites;
    6. to the extent permitted by law, other personal information provided by or obtained from third parties;
    7. additional personal information We ask you to provide to verify your identity or when We suspect that you are in breach of Our Terms of Sale, this Privacy Policy or other Website policies (including your personal ID and your answers to any questions We pose to you); and
    8. personal information from your interaction with Our website and its content, such as your website usage information and IP address.

  4. How personal information is used
    Our primary purpose in collecting, using and storing your personal information is for Our general business operations, in order to:
    1. effectively provide you with our goods and services requested;
    2. communicate with you;
    3. respond to your enquiries or complaints;
    4. supply you with generalised, targeted or personalised marketing, advertising and promotional notices, offers and communications based on your preferences, and measure and improve Our marketing and promotions to you;
    5. operate, generate content and provide customer support and billing services (including updates and improvements);
    6. meet Our legal and regulatory obligations, and to detect, investigate and prevent potentially unlawful acts or omissions or acts or omissions with the potential to breach Our Terms of Sale, this Privacy Policy or other policies; and/or
    7. enforce Our Terms of Sale, this Privacy Policy or other policies.

    Marketing and Opting out

    We may use your personal information for:
    1. promoting and marketing of Our current and future goods and services; and
    2. informing you of upcoming events and special promotions and offers.

    You may withdraw your consent to us collecting, storing, using and disclosing your personal information for marketing purposes in accordance with this Privacy Policy. You may opt out of receiving Our marketing, advertising and promotional notices, offers and communications by communicating this to Us in writing at the email address below or by clicking unsubscribe links published in Our electronic marketing and promotional material.

    Disclosure to third parties

    Notwithstanding the above, you agree that We may disclose your personal information to:
    1. enforce Our Terms of Sale, this Privacy Policy and Our other policies;
    2. comply with any applicable laws, request by a governmental agency or regulatory authority or legally binding court order;
    3. respond to or resolve claims that a member has violated the rights of others;
    4. protect a person's rights, property or safety;
    5. Our directors, staff, contractors, professional advisers and related entities;
    6. outsourced service providers who assist Us to provide Our goods and services such as information technology providers, shipping/delivery providers, Our financial institutions or e-commerce payment providers (including banks and PayPal to collect and receive payment) and marketing advisers (including in relation to fee collection, fraud investigations and website operations);
    7. third parties to whom you expressly ask us to send, or consent to us sending, your personal information; or
    8. such entities that We propose to merge with or be acquired by and in such case, We will require that the new entity following the merger or acquisition adhere to this Privacy Policy.

  5. Use of website and Cookies
    As with most websites, when you visit or use Our website, We may record anonymous information such as your IP address, time, date, URL, pages accessed and documents downloaded.

    We (or a third party providing services to Us) may use cookies, pixel tags, "flash cookies", or other local storage provided by your browser or associated applications (each a Cookie and together Cookies). A Cookie is a small file that stays on your computer or device until, depending on whether it is a sessional or persistent cookie, you turn your computer or device off or it expires (typically between 7 and 30 days depending on user settings).

    Cookies may be used to provide you with Our range of services including identifying you on Our website, remember your preferences, customise and measure the effectiveness of Our website and Our promotions, advertising and marketing, analyse your usage of Our website, and for security purposes.

    Cookies may collect and store your personal information. This Privacy Policy applies to personal information collected via Cookies. You may adjust your internet browser to disable Cookies. If Cookies are disabled, We may not be able to provide you with the full range of Our services.

    You also may encounter Cookies used by third parties and placed on certain pages of Our website that We do not control and have not authorised (such as web pages created by another user). We are not responsible or liable for the use of such Cookies.

    Our website may also include links to third party websites (including links created by users or members) and applications and advertising delivered to Our website by third parties (Linked Sites). Organisations that operate Linked Sites may collect personal information including through the use of Cookies. We are not responsible or liable for Linked Sites and recommends that you read the privacy policies of such Linked Sites before disclosing your personal information.

  6. Accessing and amending your personal information
    We acknowledge that you have a general right to access the information We hold about you. However, We may not be required to provide you with access to your personal information to the extent that (amongst other things):
    1. We reasonably believe that access would pose a serious impact to the life, health or safety of any individual, or to public health or public safety; and
    2. giving access would have an unreasonable impact on the privacy of other individuals; or
    3. the information relates to existing or anticipated legal proceedings between the entity and the individual, and would not be accessible by the process of discovery in those proceedings; or
    4. giving access would be unlawful.

    You are able to request access to your personal information by contacting Our Privacy Manager (details below). You may be required to pay an administrative charge for associated matters, such as copying charges, but not for making the request itself. Before giving you access to your personal information, We may require you to prove your identity by providing some form of identification.We may require up to 30 days from notice to comply with your request to access your personal information.

    If We refuse your request to access the information We hold about you, We will provide you with Our reason/s for doing so.

    If you have access to an online account with Us, you may login to your account and access your personal information.

  7. Accuracy of personal information
    We rely on you to provide us with accurate and up to date information about you. If there are any changes to your personal information during the course of dealing with Us, you are responsible for advising Us.

    We will take reasonable steps to ensure your personal information is kept up-to-date, accurate, complete and not misleading. If you believe the personal information We hold about you is incorrect or inaccurate, you can request that We update this information by contact Our Privacy Manager (details below).

    We will correct information We hold about you if We discover, or you are able to show to a reasonable standard, that the information is incorrect or inaccurate. If you seek a correction and We disagree that the information is incorrect, We will provide you with Our reasons for taking that view within 30 days from your request.

  8. Storage and security
    We will take reasonable steps to protect the security of your personal information from misuse, interference or loss by restricting access to the information from unauthorised access or disclosure.

    We hold personal information electronically and in hard copy paper format. For information that is stored electronically, We take reasonable security measures to ensure that personal information is protected by firewalls, secure logon processes and encryption technologies. Hard copy information is securely stored in an appropriate and secure filing system.

  9. Overseas Disclosure
    Any personal information provided to Us may be transferred to, stored by or disclosed to an overseas recipient. For example, We may use a server hosted overseas to store data, which may include your personal information, or engage an organisation located overseas to assist Us in Our general business operations.

    Before your information is disclosed to an overseas recipient We will take steps as are reasonable in the circumstances to ensure that the overseas recipient does not breach privacy laws in relation to your personal information ("reasonable steps").

    However, the reasonable steps may not apply, if We reasonably believe (when disclosing your personal information to the overseas recipient) that:
    1. the recipient of the information is subject to a law, that has the effect of protecting the information in a way that, overall, is at least substantially similar to the way in which the Australian Privacy Principles protect the information; and
    2. there are mechanisms that an individual can access to take action to enforce the protection of their privacy.

  10. Unsolicited information
    We will take reasonable steps to determine whether or not information We receive may be unsolicited information. If We believe that information is unsolicited information, We will destroy the information as soon as practicable or ensure that it is de-identified.

  11. Anonymity
    Only where it is practicable to do so, We may allow you the option not to identify yourself when dealing with Us. However not identifying yourself to Us may make it difficult to effectively provide you with Our goods or services.

  12. Sensitive Information
    We do not collect sensitive information unless it is specifically relevant and necessary for the purpose of Our general business operations and your express consent is first obtained.

  13. Government Identifiers
    We will not use government identifiers such as your tax file number or Medicare number to identify you.

  14. Complaints
    If you have reasons to believe that We have not managed your personal information in accordance with Our Privacy Policy, or complied with Our privacy obligations, please refer any concerns or complainants to Our Privacy Manager (details below).

    We will ensure your concerns or complaints are handled by Our Privacy Manager in an appropriate and reasonable manner.

  15. Contact Us
    If you have a question regarding this Privacy Policy or you would like to make a complaint, please contact the Privacy Manager at:
    Email: info@bluedinosaur.com.au
    Postal Address: PO Box 496, Kings Langley NSW 2147
    Contact: Privacy Manager

    If you are unsatisfied with Our response to any complaint, you may refer your complaint to the Office of the Australian Information Commissioner (OAIC). Contact details can be found at the OAIC's website: www.oaic.gov.au.

Privacy Policy last updated September 2016.

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