Terms and Conditions of Use of Website

Please note that all references to Bloom Therapy Co Pty Ltd include Bloom Therapy Co Pty Ltd, its subsidiaries, its holding companies, or subsidiaries of such holding companies. 

PLEASE READ THESE TERMS AND CONDITIONS OF USE CAREFULLY BEFORE USING THIS SITE

1. About these terms and conditions of use

1.1 In these Terms and Conditions of Use (Terms):

We, our or us, and Bloom Therapy Co Pty Ltd means Bloom Therapy Co Pty Ltd and includes its directors, employees, and agents;

You or your means the person or customers who, by using this website, accepts these Terms; and Website Materials means all of the materials displayed on this website, including (without limitation) all information, text, graphics, names, logos, trademarks, design, software, and advertisements.

1.2 Terms and conditions are binding

Your use of the Bloom Therapy Co Pty Ltd website signifies you agree to be bound by and abide by these Terms.

1.3 Variations

Bloom Therapy Co Pty Ltd reserves the right to revise and update these Terms and Bloom Therapy Co Pty Ltd’s Privacy Policy by making any changes immediately without notifying you except by publishing the amended Terms or Privacy Policy (as applicable) on Bloom Therapy Co Pty Ltd’s website.

2. No warranty or responsibility for Website Content

2.1 Bloom Therapy Co Pty Ltd has used its best endeavours to ensure that the Website Content (which may include information obtained from Bloom Therapy Co Pty Ltd’s licensors and other third parties) is correct and current. However, the Website content may include errors and changes or events may occur that cause the information to be inaccurate or out of date. Accordingly, to the maximum extent permitted by law, Bloom Therapy Co Pty Ltd does not warrant the reliability, accuracy, currency, or completeness of the Website Content and takes no responsibility for any error, omission, or defect contained in the Website Content.

2.2 The Website Content is intended for Australian residents.

3. Intellectual property

3.1 Trademarks - All brand names, product and service names, and titles used on https://www.bloomtherapyco.com.au/ are trademarks, trade names, and/or service marks of or licensed to Bloom Therapy Co Pty Ltd. No permission is given by Bloom Therapy Co Pty Ltd for their use by any person other than the holders, and as such, any use may constitute an infringement of the holder's rights which may lead to legal action. All other trademarks are the property of their respective owners.

3.2 Copyrights - All content, designs, text, graphics, software compilations, underlying source codes, and other arrangements on this site are the copyright of Bloom Therapy Co Pty Ltd or its content providers where applicable. Permission is granted to users to download and print one copy of this site for their own personal, non-commercial use. Any special rules for the use of certain materials accessible on Bloom Therapy Co Pty Ltd’s website may be included elsewhere within Bloom Therapy Co Pty Ltd’s website and are deemed to form part of these Terms. All other use, copying, or reproduction of any part of this website (including, without limitation, reproduction on any other website of systemic downloading of Website Content) is prohibited without prior written consent from Bloom Therapy Co Pty Ltd.

4. Rules for the use of content

4.1 You may not in any way commercially exploit any material obtained from https://www.bloomtherapyco.com.au/ and must abide by any trademark, copyright, and other proprietary restrictions and licenses, whether displayed or otherwise in the particular material or relevant area on https://www.bloomtherapyco.com.au/. In the absence of any particular notices, a user may make one copy of copyrighted content exclusively for personal use, provided that any notices contained in the material are maintained and complied with.

5. No warranty

5.1 This website is provided "as is," and Bloom Therapy Co Pty Ltd excludes all warranties of any kind to the fullest extent permissible by law. Bloom Therapy Co Pty Ltd does not guarantee the accuracy or completeness of the website or any information or Website Content or that it is free of defects or viruses.

5.2 Except to the extent that liability may not lawfully be excluded, Bloom Therapy Co Pty Ltd will not be under any liability to you (or any of your officers, agents, or employees) for:

5.2.1 any loss of profit or anticipated profit, loss of data, loss of use, damage to goodwill or loss due to delay, or any direct or indirect loss or damage (including, without limitation, consequential loss or damage) however caused (including, without limitation, due to breach of contract, negligence or breach of statute) which may be suffered or incurred by you or which may arise from or in connection with your use of this website or your use of or reliance upon any of the information, services or materials contained in the website or provided by the website to you; or

5.2.2 any cost, loss, liability, or expense arising from death, personal injury, or property damage resulting directly or indirectly from your use of the website.

5.3 Any failure by Bloom Therapy Co Pty Ltd to exercise or enforce any one or more of its rights under these Terms will not constitute a waiver of such rights unless such waiver is granted to you in writing.

6. Indemnity

6.1 You agree to indemnify Bloom Therapy Co Pty Ltd from any proceedings brought against Bloom Therapy Co Pty Ltd to the extent that such proceedings arise in connection with your use of https://www.bloomtherapyco.com.au/, any breach by you of these terms and conditions of use, or a claim that your use of this website infringes any intellectual property rights of any third party or is defamatory.

6.2 You must indemnify Bloom Therapy Co Pty Ltd and hold Bloom Therapy Co Pty Ltd harmless against all loss, actions, proceedings, costs, expenses (including legal fees), claims, and damages arising from any claim by a third party arising directly or indirectly out of or in connection with:

  • 6.2.1 any breach by you of these Terms; or

  • 6.2.2 any suit, claim, or demand brought or made against Bloom Therapy Co Pty Ltd by or due to the conduct, act, or omission of:

    • 6.2.2.1 you; or

    • 6.2.2.2 any person accessing any content through your account.

7. Website operation

7.1 Bloom Therapy Co Pty Ltd does not warrant that any of the functions contained in the website or your access to the website will be uninterrupted or error-free or that any outage notifications will be made in a timely manner or at all.

7.2 It may be necessary to interrupt the services provided on Bloom Therapy Co Pty Ltd’s website in order to upgrade or maintain them or for other circumstances beyond Bloom Therapy Co Pty Ltd’s control. Should Bloom Therapy Co Pty Ltd need to interrupt the availability of services on Bloom Therapy Co Pty Ltd website, Bloom Therapy Co Pty Ltd will use its reasonable endeavours to minimise any interruption to the services.

7.3 Bloom Therapy Co Pty Ltd does not represent or warrant that this website, the Website Content, or any other material accessible from this website is free from computer viruses (including macro viruses) or any other defect or error that may affect your software or systems. You should protect your software and systems by installing and implementing your own security and system checks.

8. Product or service information

8.1 From time to time, Bloom Therapy Co Pty Ltd may offer a newsletter or product or service information updates.

8.2 By accepting these Terms, you consent to Bloom Therapy Co Pty Ltd using your email address to send you Bloom Therapy Co Pty Ltd newsletters or product or service information updates (as applicable). Bloom Therapy Co Pty Ltd may also use your email address to send updates to you from time to time about changes to Bloom Therapy Co Pty Ltd’s products and services.

9. Disclaimers and limitation of liability

9.1 You agree that this website is provided free of charge. Bloom Therapy Co Pty Ltd shall not be liable to you or any person for any loss or damage of any kind that may arise from the use of https://www.bloomtherapyco.com.au/ and the use of the information contained within it.

9.2 Bloom Therapy Co Pty Ltd may, from time to time, publish links to other third-party websites on this website. Contents, hyperlinks, or information held on other sites is not the responsibility of Bloom Therapy Co Pty Ltd. Bloom Therapy Co Pty Ltd shall not be held liable for any information held on websites that may have links to or from https://www.bloomtherapyco.com.au/ and that are not maintained and controlled by Bloom Therapy Co Pty Ltd. Bloom Therapy Co Pty Ltd does not endorse any material on those websites and does not provide any warranty or assume any responsibility regarding the quality, accuracy, source, merchantability, fitness for purpose, or any other aspect of the material on those websites, nor does Bloom Therapy Co Pty Ltd warrant that material on other websites does not infringe the intellectual property rights of any other person.

9.3 https://www.bloomtherapyco.com.au/ is intended for use within Australia unless otherwise specified. Bloom Therapy Co Pty Ltd makes no representation that any product or service referred to on https://www.bloomtherapyco.com.au/ is appropriate for use or available outside of Australia. Those who choose to access this site outside of Australia are responsible for compliance with local laws to the extent that local laws are applicable.

9.4 By using this website, you consent to the terms and conditions and disclaimers as defined by Bloom Therapy Co Pty Ltd. Bloom Therapy Co Pty Ltd reserves the right to change these conditions from time to time without giving you prior notice.

9.5 Bloom Therapy Co Pty Ltd excludes all implied conditions and warranties with respect to this website, and its content, except any implied condition or warranty, the exclusion of which would contravene any statute or cause any part of this clause to be void.

9.6 Bloom Therapy Co Pty Ltd excludes its liability for any consequential loss resulting from the use of this website, including but not limited to loss of opportunity, lost revenue, lost profits, loss of data, and losses resulting from security failure, disclosure of confidential information by other parties, or the transmission of a computer virus. Bloom Therapy Co Pty Ltd recommends that prior to using any downloaded file; you carry out an appropriate virus check.

9.7 Bloom Therapy Co Pty Ltd’s aggregate liability to you for any other losses resulting from the use of this website is limited to the nominal amount of $1.

10. Governing Law

10.1 These terms shall be governed by and construed in accordance with the laws of New South Wales. Any dispute under these terms shall be subject to the exclusive jurisdiction of the courts of New South Wales, and you hereby submit to the jurisdiction of such courts for such purposes and waive any and all objections to jurisdiction or venue in such courts.

10.2 The Terms and Bloom Therapy Co Pty Ltd’s Privacy Policy constitute the entire agreement between each of Bloom Therapy Co Pty Ltd as to their subject matter and supersedes all prior or inconsistent statements or representations as to that subject matter.