Terms and Conditions
By Ticking the box on checkout I accept the terms and conditions outlined in the section
WEBSITE TERMS AND CONDITIONS OF USE
- About the Website
(a) Welcome to www.bluebottlemarine.com (the 'Website'). The Website provides you with an opportunity to browse and purchase various products that have been listed for sale through the Website (the 'Products'). The Website provides this service by way of granting you access to the content on the Website (the 'Purchase Services').
(b) The Website is operated by Demop Holdings Pty Ltd t/a Blue Bottle Marine T/A Blue Bottle Marine (ACN 156358637). Access to and use of the Website, or any of its associated Products or Services, is provided by Demop Holdings Pty Ltd t/a Blue Bottle Marine. Please read these terms and conditions (the 'Terms') carefully. By using, browsing and/or reading the Website, this signifies that you have read, understood and agree to be bound by the Terms. If you do not agree with the Terms, you must cease usage of the Website, or any of Services, immediately.
(c) Demop Holdings Pty Ltd t/a Blue Bottle Marine reserves the right to review and change any of the Terms by updating this page at its sole discretion. When Demop Holdings Pty Ltd t/a Blue Bottle Marine updates the Terms, it will use reasonable endeavours to provide you with notice of updates to the Terms. Any changes to the Terms take immediate effect from the date of their publication. Before you continue, we recommend you keep a copy of the Terms for your records.
2 Acceptance of the Terms
(a) You accept the Terms by remaining on the Website. You may also accept the Terms by clicking to accept or agree to the Terms where this option is made available to you by Demop Holdings Pty Ltd t/a Blue Bottle Marine in the user interface.
3 Registration to use the Purchase Services
(a) In order to access the Purchase Services, you must first register as a user of the Website. As part of the registration process, or as part of your continued use of the Purchase Services, you may be required to provide personal information about yourself (such as identification or contact details), including:
(i) Email address
(ii) Mailing address
(iii) Telephone number
(b) You warrant that any information you give to Demop Holdings Pty Ltd t/a Blue Bottle Marine in the course of completing the registration process will always be accurate, correct and up to date.
(c) Once you have completed the registration process, you will be a registered member of the Website ('Member') and agree to be bound by the Terms. As a Member you will be granted immediate access to the Purchase Services.
(d) You may not use the Purchase Services and may not accept the Terms if:
(a) you are not of legal age to form a binding contract with Demop Holdings Pty Ltd t/a Blue Bottle Marine; or
(b) you are a person barred from receiving the Purchase Services under the laws of Australia or other countries including the country in which you are resident or from which you use the Purchase Services.
4 Your obligations as a Member
(a) As a Member, you agree to comply with the following: You will use the Purchase Services only for purposes that are permitted by:
(i) the Terms;
(ii) any applicable law, regulation or generally accepted practices or guidelines in the relevant jurisdictions;
(iii) you have the sole responsibility for protecting the confidentiality of your password and/or email address. Use of your password by any other person may result in the immediate cancellation of the Purchase Services;
(iv) any use of your registration information by any other person, or third parties, is strictly prohibited. You agree to immediately notify Demop Holdings Pty Ltd t/a Blue Bottle Marine of any unauthorised use of your password or email address or any breach of security of which you have become aware;
(v) access and use of the Website is limited, non-transferable and allows for the sole use of the Website by you for the purposes of Demop Holdings Pty Ltd t/a Blue Bottle Marine providing the Purchase Services;
(vi) you will not use the Purchase Services or Website for any illegal and/or unauthorised use which includes collecting email addresses of Members by electronic or other means for the purpose of sending unsolicited email or unauthorised framing of or linking to the Website;
(vii) you agree that commercial advertisements, affiliate links, and other forms of solicitation may be removed from the Website without notice and may result in termination of the Purchase Services. Appropriate legal action will be taken by Demop Holdings Pty Ltd t/a Blue Bottle Marine for any illegal or unauthorised use of the Website; and
(viii) you acknowledge and agree that any automated use of the Website or its
Purchase Services is prohibited.
5 Purchase of Products and Returns Policy
(a) In using the Purchase Services to purchase the Product through the Website, you will agree to the payment of the purchase price listed on the Website for the Product (the 'Purchase Price').
(b) Payment of the Purchase Price may be made through PayPal, Baintree, ZipPay, AfterPay (the 'Payment Gateway Provider'). In using the Purchase Services, you warrant that you have familiarised yourself with, and agree to be bound by, the applicable Terms and Conditions of Use, Privacy Policy and other relevant legal documentation provided by the Payment Gateway Providers.
(c) Following payment of the Purchase Price being confirmed by Demop Holdings Pty Ltd t/a Blue Bottle Marine, you will be issued with a receipt to confirm that the payment has been received and Demop Holdings Pty Ltd t/a Blue Bottle Marine may record your purchase details for future use.
(d) Demop Holdings Pty Ltd t/a Blue Bottle Marine may, at their sole discretion, provide a refund on the return of the Products within 7 days where the Product packaging is unopened and remains in a saleable condition. You acknowledge and agree that you are liable for any postage and shipping costs associated with any refund pursuant to this clause.
(e) Risk of loss insurance is offered to mitigate loss or damage of goods whilst in transit to you nominated address - full details are outlined in the shipping policy
Blue Bottle Marine does not insure your goods or accept responsibility for the damage, loss or theft whilst in transit to your nominated address. Risk of loss and title for all products purchased from Blue Bottle Marine will pass to the customer upon leaving Blue Bottle Marine delivery warehouse. We have introduced an insurance offering for customers which provides cover whilst in transit, in the customer name for customer to control. Shipping insurance will allow you to be compensated for the damage, loss or theft whilst in transit to your nominated address. Online - Ship-Safely Insurance can be added through the Checkout Screen via a popup that requests customer acceptance of insurance or none. Denial of insurance confirms that you are accepting responsibility for the value of the package once it leaves our facility. Phone - Ship-Safely Insurance is offered on manual/phone orders at the time of call or via emailed quote/invoice.
Denial of this insurance confirms that you are accepting responsibility for the value of the package once it leaves our facility.
Shipping Insurance is different from warranties
6 Warranty
(a) Demop Holdings Pty Ltd t/a Blue Bottle Marine's Products come with guarantees that cannot be excluded under the Australian Consumer Law. You are entitled to a replacement or refund for a major failure of the Product as agreed by the manufacturer. You are also entitled to have the Products repaired or replaced if the Products fail to be of acceptable quality and the failure does not amount to a major failure (the 'Warranty').
(b) You may make a claim under this clause (the 'Warranty Claim') for material defects and workmanship in the Products within a period specified by Manufacturer from the date of purchase (the 'Warranty Period').
(c) In order to make a Warranty Claim during the Warranty Period, you must provide proof of purchase to Demop Holdings Pty Ltd t/a Blue Bottle Marine showing the date of purchase of the Products, provide a description of the Products and the price paid for the Products by sending written notice to Demop Holdings Pty Ltd t/a Blue Bottle Marine at 29 286-288 New Line rd, Dural, New South Wales, 2158 or by email at info@bluebottlemarine.com.
(d) Where the Warranty Claim is accepted then Demop Holdings Pty Ltd t/a Blue Bottle Marine will, at its sole discretion, either repair or replace any defective Products or part thereof with a new or remanufactured equivalent during the Warranty Period at no charge to you for parts or labour. You acknowledge and agree that you will be solely liable for any postage or shipping costs incurred in facilitating the Warranty Claim.
(e) The Warranty shall be the sole and exclusive warranty granted by Demop Holdings Pty Ltd t/a Blue Bottle Marine and shall be the sole and exclusive remedy available to you in addition to other rights and under a law in relation to the Products to which this warranty relates.
(f) All implied warranties including the warranties of merchantability and fitness for use are limited to the Warranty Period.
(g) The Warranty does not apply to any appearance of the supplied Products nor to the additional excluded items set forth below nor to any supplied Products where the exterior of which has been damaged or defaced, which has been subjected to misuse, abnormal service or handling, or which has been altered or modified in design or construction.
(h) The cost of sending the item/s back to Demop Holdings Pty Ltd t/a Blue Bottle Marine are the buyers responsibility
7 Delivery
You acknowledge that the Purchase Services offered by Demop Holdings Pty Ltd t/a Blue Bottle Marine integrate delivery (the ' Delivery Services') through the use of third party delivery companies (the ' Delivery Service Providers').
7.1 We utilise a number of third party couriers to deliver your Order based on your location (Couriers). Shipping and delivery of Orders will be in accordance with the delivery terms of the Couriers.
7.2 You must provide a physical delivery address where someone is likely to be available to accept the delivery of your Order during business hours. You may be required by the Couriers to provide proof of identification for verification checks, in accordance with their delivery terms.
7.3 Shipping costs are influenced by the weight of the products in your Order and your location. You can see the pricing on the available shipping options by entering your post code into the freight calculator. This calculator appears on the lower half of the screen when you add items to your cart.
7.4 We aim to dispatch all Orders, where products are in stock, within 1-3 business days. Products that are built-to-order including our customisable computer packages may take up to 2 weeks to be assembled and dispatched. If for any reason we are unable to dispatch your Order we will notify you within 2 business days. Shipping times are estimated at between 1-7 business days depending on your location within Australia, but are subject to the delivery terms of the Couriers.
7.5 Lost Delivery
- A parcel may be deemed as “Lost” when;
- the parcel cannot be found within a specified period ("Waiting Period") from the date of expected delivery, and;
- we have received confirmation from the carrier deeming the parcel as lost; and
- reasonable additional time has been allowed for external impacts that may cause delays in delivery, such as inclement weather, heavy delivery network loads and any force majeure.
- The date that this occurs is the "Loss Date".
- Lost parcels may either be replaced with a product of the same or equivalent value, or the value of the product may be refunded, at the discretion of Blue Bottle Marine.
- Claims must be made within 7 days of the Loss Date.
- Blue Bottle Marine will not provide any replacement or refund for any parcel where the receiver has requested an “Authority-to-Leave”, or the delivery has been re-directed by the receiver.
- See section "6.7 Delivery Claims" for more information
- All Claims must be lodged through the Blue Bottle Marine Contact Us page
7.6 Damaged Delivery
- A parcel can only be confirmed Damaged at the discretion of Blue Bottle Marine following an inspection by Blue Bottle Marine after the return of the goods.
- A parcel cannot be considered Damaged if;
- The goods cannot be physically inspected by Blue Bottle Marine; or
- The packaging is slightly damaged as part of transit handling; or
- The packaging is damaged and the goods were sold as Used, As-New, Damaged Box, Ex-Demo, or any other description that indicates the item is not brand new.
- A parcel that is deemed as Damaged may be replaced with a product of the same or equivalent value, or the value of the product may be refunded at the discretion of Blue Bottle Marine.
- Claims must be made within 24 hours of when goods are received from the Carrier.
See section "7.7 Delivery Claims" for more information
All claims must be lodged through the Blue Bottle Marine Contact Us page. You will need to provide photos, so please have them handy!
If you selected and paid for Transit Protection, please see further below for specific information on how this may benefit your claim.
7.7 Delivery Claims
- All Claims are assessed at the sole discretion of Blue Bottle Marine. Blue Bottle Marine reserves the right to refuse a Claim, for any reason.
- We may request that you provide a Statutory Declaration to support your Claim.
- Any specified period is in Business Days (excluding weekends and public holidays).
- You may submit a Claim earlier however it will not be assessed until the waiting period expires.
7.8 Transit Protection
- Transit Protection means that claims will be assessed sooner than a standard claim.
- Turn around for System Builds will require an additional 5-7 days due to reallocation of components, installation and testing
7.8.1 Comparison: Transit Protection and Standard - Lost Delivery Claim
|
|
WITH TRANSIT PROTECTION |
NO TRANSIT PROTECTION |
|
Waiting Period |
5 business days |
20 business days |
|
Time to resolve |
up to 10 business days after waiting period |
25+ business days after waiting period |
7.8.2 Comparison: Transit Protection and Standard - Damaged Delivery Claim
|
|
WITH TRANSIT PROTECTION |
NO TRANSIT PROTECTION |
|
Assessment Period |
Assessed immediately |
up to 7 business days |
|
Processing Time |
5 business days from receipt of damaged goods by Blue Bottle Marine |
20 business days from receipt of damaged goods by Blue Bottle Marine |
8. RISK AND TITLE
8.1 If you elect to pick up your Order from our premises, then title and all risk of loss or damage to any product in your Order passes to you upon payment and collection from our premises.
8.2 If you elect to have your Order delivered to you using one of the Couriers, then title to the products in your Order passes to you upon delivery. All risk of loss or damage to the products in your Order passes to you when we despatch the products.
8.3 You accept all risk of loss or damage to the products in transit to or from our premises for the purposes of returning or exchanging a product.
9. RETURNS AND CANCELLATIONS
9.1 We offer a 7 day Change of Mind policy for brand new, in-stock products. For the purposes of this clause 9, Return refers to both the return of a product that has been dispatched or collected (Dispatched) and the cancellation of an order for a product that has not been Dispatched. You may Return the product for an exchange or store credit if you have simply changed your mind, provided all of the following conditions are met:
- The product has not been opened and seals intact (where applicable)
- The product is not a special-order product (Product was not "In stock at Supplier" when you placed your order, and is stocked by Blue Bottle Marine)
- The product is not in large quantity (greater than 5 units)
- The product value is less than $1,000
- If the product has been Dispatched, it is returned within 7 days of when it was Dispatched.
- If the product has not been Dispatched, the order is cancelled within 7 days of purchase.
PLEASE NOTE: Blue Bottle Marine may reject the Return upon inspecting the condition of the products and will send the products back to the customer at the customer's expense. Any items that, because of customer negligence, misuse or tempering are, damaged, or missing parts will not be accepted for Return.
9.2 All Change of Mind Returns will incur a 5% restocking fee.
All non-faulty returns, or those that do not meet the conditions in 9.1 may be accepted by us at our sole discretion, and if accepted will attract a 20% restocking fee.
PLEASE NOTE: Shipping and payment fee's are not refundable. Return postage fee is the responsibility of the buyer. Furthermore, if a product is deemed "No Fault Found" for any warranty/consumer claim, a service fee of $45 will apply.
9.3 We will not normally accept Returns for the following types of products:
- Ex-demo products
- Ex-lease products
- Open box products
- Refurbished Products
- Clearance products
- Products with a "Price Markdown" label
- Products with a "No Return basis" label
- Products specially ordered for you
- Product listed on the packing slip or invoice as "No Return"
9.4 To return a product you must:
a) Contact our Online Service Team and request an RMA number. They will review your request and at their discretion, issue you a RMA number.
b) Send us the product safely and securely with the RMA number on the outside of the package. We will process your return claim in accordance with our warranty policy.
9.5 By issuing you with an RMA number, we are not representing that your warranty claim is valid or that you will be entitled to have your product repaired or replaced, or a refund provided in relation to that product.
9.6 In order to obtain a refund, exchange or to repair a product purchased from us, including those products which carry a manufacturer's warranty, you must have clear proof of purchase; typically, a receipt or invoice.
9.7 All Gift Cards, bonus items or discounted items attached to the purchased products, or all elements of any bundled items, must also be Returned with the original purchase. If not, the value of any such unreturned Gift Card, bonus or bundled item, discount amount or utilised portion of any Gift Card will be deducted from any refund or credit.
10 Copyright and Intellectual Property
(a) The Website, the Purchase Services and all of the related products of Demop Holdings Pty Ltd t/a Blue Bottle Marine are subject to copyright. The material on the Website is protected by copyright under the laws of Australia and through international treaties. Unless otherwise indicated, all rights (including copyright) in the site content and
compilation of the website (including text, graphics, logos, button icons, video images, audio clips and software) (the 'Content') are owned or controlled for these purposes, and are reserved by Demop Holdings Pty Ltd t/a Blue Bottle Marine or its contributors.
(b) Demop Holdings Pty Ltd t/a Blue Bottle Marine retains all rights, title and interest in and to the Website and all related content. Nothing you do on or in relation to the Website will transfer to you:
(a) the business name, trading name, domain name, trade mark, industrial design, patent, registered design or copyright of Demop Holdings Pty Ltd t/a Blue Bottle Marine; or
(b) the right to use or exploit a business name, trading name, domain name, trade mark or industrial design; or
(c) a system or process that is the subject of a patent, registered design or copyright (or an adaptation or modification of such a system or process).
(c) You may not, without the prior written permission of Demop Holdings Pty Ltd t/a Blue Bottle Marine and the permission of any other relevant rights owners: broadcast, republish, up-load to a third party, transmit, post, distribute, show or play in public, adapt or change in any way the Content or third party content for any purpose. This prohibition does not extend to materials on the Website, which are freely available for re-use or are in the public domain.
11 Privacy
(a) Demop Holdings Pty Ltd t/a Blue Bottle Marine takes your privacy seriously and any information provided through your use of the Website and/or the Purchase Services are subject to Demop Holdings Pty Ltd t/a Blue Bottle Marine's Privacy Policy, which is available on the Website.
12 General Disclaimer
(a) You acknowledge that Demop Holdings Pty Ltd t/a Blue Bottle Marine does not make any terms, guarantees, warranties, representations or conditions whatsoever regarding the Products other than provided for pursuant to these Terms.
(b) Demop Holdings Pty Ltd t/a Blue Bottle Marine will make every effort to ensure a Product is accurately depicted on the Website, however, you acknowledge that sizes, colours and packaging may differ from what is displayed on the Website.
(c) Nothing in these Terms limits or excludes any guarantees, warranties, representations or conditions implied or imposed by law, including the Australian Consumer Law (or any liability under them) which by law may not be limited or excluded.
(d) Subject to this clause, and to the extent permitted by law
(i) all terms, guarantees, warranties, representations or conditions which are not expressly stated in these Terms are excluded; and
(ii) Demop Holdings Pty Ltd t/a Blue Bottle Marine will not be liable for any special, indirect or consequential loss or damage (unless such loss or damage is reasonably foreseeable resulting from our failure to meet an applicable Consumer Guarantee), loss of profit or opportunity, or damage to goodwill arising out of or in connection with the Purchase Services or these Terms (including as a result of not being able to use the Purchase Services or the late supply of the Purchase Services), whether at common law, under contract, tort (including negligence), in equity, pursuant to statute or otherwise.
(e) Use of the Website, the Purchase Services, and any of the products of Demop Holdings Pty Ltd t/a Blue Bottle Marine (including the Delivery Services), is at your own risk. Everything on the Website, the Purchase Services, and the Products of Demop Holdings Pty Ltd t/a Blue Bottle Marine, are provided to you on an "as is" and "as available" basis, without warranty or condition of any kind. None of the affiliates, directors, officers, employees, agents, contributors, third party content providers or licensors of Demop Holdings Pty Ltd t/a Blue Bottle Marine including any third party where the Delivery Services are made available to you) make any express or implied representation or warranty about its Content or any products or Purchase Services (including the products or Purchase Services of Demop Holdings Pty Ltd t/a Blue Bottle Marine) referred to on the Website. This includes (but is not restricted to) loss or damage you might suffer as a result of any of the following:
(i) failure of performance, error, omission, interruption, deletion, defect, failure to correct defects, delay in operation or transmission, computer virus or other harmful component, loss of data, communication line failure, unlawful third party conduct, or theft, destruction, alteration or unauthorized access to records;
(ii) the accuracy, suitability or currency of any information on the Website, the Purchase Service, or any of its Content related products (including third party material and advertisements on the Website);
(iii) costs incurred as a result of you using the Website, the Purchase Services or any of the Products;
(iv) the Content or operation in respect to links which are provided for the User's convenience;
(v) any failure to complete a transaction, or any loss arising from e-commerce transacted on the Website; or
(vi) any defamatory, threatening, offensive or unlawful conduct of third parties or publication of any materials relating to or constituting such conduct.
13 Limitation of Liability
(a) Demop Holdings Pty Ltd t/a Blue Bottle Marine's total liability arising out of or in connection with the Purchase Services or these Terms, however arising, including under contract, tort (including negligence), in equity, under statute or otherwise, will not exceed the most recent Purchase Price paid by you under these Terms or where you have not paid the Purchase Price, then the total liability of Demop Holdings Pty Ltd t/a Blue Bottle Marine is the resupply of information or Purchase Services to you.
(b) You expressly understand and agree that Demop Holdings Pty Ltd t/a Blue Bottle Marine, its affiliates, employees, agents, contributors, third party content providers and licensors shall not be liable to you for any direct, indirect, incidental, special consequential or exemplary damages which may be incurred by you, however caused and under any theory of liability. This shall include, but is not limited to, any loss of profit (whether incurred directly or indirectly), any loss of goodwill or business reputation and any other intangible loss.
(c) Demop Holdings Pty Ltd t/a Blue Bottle Marine is not responsible or liable in any manner for any site content (including the Content and Third Party Content) posted on the Website or in connection with the Purchase Services, whether posted or caused by users of the website of Demop Holdings Pty Ltd t/a Blue Bottle Marine, by third parties or by any of the Purchase Services offered by Demop Holdings Pty Ltd t/a Blue Bottle Marine.
(d) You acknowledge that Demop Holdings Pty Ltd t/a Blue Bottle Marine does not provide the Delivery Services to you and you agree that Demop Holdings Pty Ltd t/a Blue Bottle Marine will not be liable to you for any special, indirect or consequential loss or damage, loss of profit or opportunity, or damage to goodwill arising out of or in connection with the Delivery Services.
14 Termination of Contract
(a) The Terms will continue to apply until terminated by either you or by Demop Holdings Pty Ltd t/a Blue Bottle Marine as set out below.
(b) If you want to terminate the Terms, you may do so by:
(i) notifying Demop Holdings Pty Ltd t/a Blue Bottle Marine at any time; and
(ii) closing your accounts for all of the Purchase Services which you use, where Demop Holdings Pty Ltd t/a Blue Bottle Marine has made this option available to you.
(c) Your notice should be sent, in writing, to Demop Holdings Pty Ltd t/a Blue Bottle Marine via the 'Contact Us' link on our homepage.
(d) Demop Holdings Pty Ltd t/a Blue Bottle Marine may at any time, terminate the Terms with you if:
(i) you have breached any provision of the Terms or intend to breach any provision;
(ii) Demop Holdings Pty Ltd t/a Blue Bottle Marine is required to do so by law;
(iii) the partner with whom Demop Holdings Pty Ltd t/a Blue Bottle Marine offered the Purchase Services to you has terminated its relationship with Demop Holdings Pty Ltd t/a Blue Bottle Marine or ceased to offer the Purchase Services to you;
(iv) Demop Holdings Pty Ltd t/a Blue Bottle Marine is transitioning to no longer providing the Purchase Services to Users in the country in which you are resident or from which you use the service; or
(v) the provision of the Purchase Services to you by Demop Holdings Pty Ltd t/a Blue Bottle Marine is, in the opinion of Demop Holdings Pty Ltd t/a Blue Bottle Marine, no longer commercially viable.
(e) Subject to local applicable laws, Demop Holdings Pty Ltd t/a Blue Bottle Marine reserves the right to discontinue or cancel your membership to the Website at any time and may suspend or deny, in its sole discretion, your access to all or any portion of the Website or the Purchase Services without notice if you breach any provision of the Terms or any applicable law or if your conduct impacts Demop Holdings Pty Ltd t/a Blue Bottle Marine's name or reputation or violates the rights of those of another party.
(f) When the Terms come to an end, all of the legal rights, obligations and liabilities that you and Demop Holdings Pty Ltd t/a Blue Bottle Marine have benefited from, been subject to (or which have accrued over time whilst the Terms have been in force) or which are expressed to continue indefinitely, shall be unaffected by this cessation, and the provisions of this clause shall continue to apply to such rights, obligations and liabilities indefinitely.
15 Indemnity
(a) You agree to indemnify Demop Holdings Pty Ltd t/a Blue Bottle Marine, its affiliates, employees, agents, contributors, third party content providers and licensors from and against:
(i) all actions, suits, claims, demands, liabilities, costs, expenses, loss and damage (including legal fees on a full indemnity basis) incurred, suffered or arising out of or in connection with any Content you post through the Website;
(ii) any direct or indirect consequences of you accessing, using or transacting on the Website or attempts to do so and any breach by you or your agents of these Terms; and/or
(iii) any breach of the Terms.
16 Dispute Resolution
(a) Compulsory:
If a dispute arises out of or relates to the Terms, either party may not commence any Tribunal or Court proceedings in relation to the dispute, unless the following clauses have been complied with (except where urgent interlocutory relief is sought).
(b) Notice:
A party to the Terms claiming a dispute ('Dispute') has arisen under the Terms, must give written notice to the other party detailing the nature of the dispute, the desired outcome and the action required to settle the Dispute.
(c) Resolution:
On receipt of that notice ('Notice') by that other party, the parties to the Terms ('Parties') must:
(i) Within 7 days of the Notice endeavor in good faith to resolve the Dispute expeditiously by negotiation or such other means upon which they may mutually agree;
(ii) If for any reason whatsoever, 7 days after the date of the Notice, the Dispute has not been resolved, the Parties must either agree upon selection of a mediator or request that an appropriate mediator be appointed by the President of the NSW Fair Trade or his or her nominee;
(iii) The Parties are equally liable for the fees and reasonable expenses of a mediator and the cost of the venue of the mediation and without limiting the foregoing undertake to pay any amounts requested by the mediator as a pre-condition to the mediation commencing. The Parties must each pay their own costs associated with the mediation;
(iv) The mediation will be held in Sydney, Australia.
(d) Confidential:
All communications concerning negotiations made by the Parties arising out of and in connection with this dispute resolution clause are confidential and to the extent possible, must be treated as "without prejudice" negotiations for the purpose of applicable laws of evidence.
(e) Termination of Mediation:
If 30 days have elapsed after the start of a mediation of the Dispute and the Dispute has not been resolved, either Party may ask the mediator to terminate the mediation and the mediator must do so.
17 Venue and Jurisdiction
(a) The Purchase Services offered by Demop Holdings Pty Ltd t/a Blue Bottle Marine is intended to be viewed by residents of Australia. In the event of any dispute arising out of or in relation to the Website, you agree that the exclusive venue for resolving any dispute shall be in the courts of New South Wales, Australia.
18 Governing Law
(a) The Terms are governed by the laws of New South Wales, Australia. Any dispute, controversy, proceeding or claim of whatever nature arising out of or in any way relating to the Terms and the rights created hereby shall be governed, interpreted and construed by, under and pursuant to the laws of New South Wales Australia, without reference to conflict of law principles, notwithstanding mandatory rules. The validity of this governing law clause is not contested. The Terms shall be binding to the benefit of the parties hereto and their successors and assigns.
19 Independent Legal Advice
(a) Both parties confirm and declare that the provisions of the Terms are fair and reasonable and both parties having taken the opportunity to obtain independent legal advice and declare the Terms are not against public policy on the grounds of inequality or bargaining power or general grounds of restraint of trade.
20 Severance
(a) If any part of these Terms is found to be void or unenforceable by a Court of competent jurisdiction, that part shall be severed and the rest of the Terms shall remain in force.