bloo Terms & Conditions

The "bloo, Looking for Something?" website ("the Site") is owned and operated by bloo (WA) Pty Ltd, (ACN 143 298 668), (hereto; "bloo"). Set out below are the standard terms and conditions relating to your access to and use of the Site. Your access to and use of the Site is also subject to your Advertising Contract and also the privacy policy and other terms found on the Site.

Please read these terms and conditions carefully. By using, and continuing to use the Site, you will be deemed to have agreed to, and will be bound by, these terms and conditions.

Agreed Service [1.]

  1. You have requested and bloo has agreed to design an advertisement for your business to be displayed on the Site as part of your business listing.
  2. bloo will also list your business on the Site which will include your business name, address, email address, phone number, a link to your website and map location of your business. bloo may include other services from time to time to stay up-to-date with the best business contact practices and technology.
  3. bloo will assign you with a logon name and password which will provide you access to the Site and which will allow you to update your details, view any notices, view your account information and advertisement proof, and process new payments.
  4. You have signed up for bloo services for 12 months at the price referred to in your Advertising Contract. You must pay the entire amount of the setup fee and monthly fee as specified in your Advertising Contract.

Application of these Terms and Conditions [2.]

  1. Your use of the Site is subject to these terms and conditions, your Advertising Contract, the privacy policy and other terms found on the Site.
  2. You agree to be bound by these terms and conditions as may be varied or updated pursuant to clause 3 below.

Amendment Procedure [3.]

  1. From time to time, bloo may vary the terms and conditions to keep them in line with updates to its business, comply with legislative changes, for security or technical reasons, or for any other reason.
  2. bloo may also vary the price it charges for its services which will apply to the following pay period after bloo gives notice of the price change in accordance with sub-clause 3.3 below.
  3. The above changes will become effective upon publication of a notice via the Site, email or in writing. If you continue to use bloo's services after such publication, your use will constitute acceptance of the amendments.

Terms of Use [4.]

  1. You must comply with these terms and conditions, your Advertising Contract, the privacy policy and other terms found on the Site.
  2. You must provide bloo with your full business name, address, telephone number, web address, and email address which will be displayed as part of your listing in the directory.
  3. You will also need to supply to bloo your personal details including your full name, date of birth, current addresses, telephone/mobile number, email address, and your bank account or credit card details.
  4. You consent to the use and disclosure of your personal information by bloo for the purposes detailed in bloo's privacy policy.
  5. It is your responsibility to ensure that the information you provide us is correct and current and to notify bloo of any changes to your business or personal details.
  6. You must ensure you keep your logon username and password confidential and immediately change the password if it is lost, stolen or otherwise compromised.
  7. bloo does not take any responsibility for any loss, liability, claim, demand, damages, costs and expenses arising out of or in connection with use of your logon and password by you or any other person

Your Advertisement [5.]

  1. You acknowledge and accept that the advertisement in the directory may not have exactly the same appearances as the proof bloo provided you. This may be due to the use of different visual media or different formatting.
  2. You must promptly review all advertisement proofs which bloo may send you and notify bloo of any errors in the proof. bloo will publish your advert live onto the site on your behalf. And may also use this method to allow you to proof your advertisement live on the site.
  3. You will also have the ability to make amendments to your advertisement online. bloo will regulate these amendments before they are submitted online and will have the discretion to accept or refuse amendments.
  4. bloo may, at its discretion and without notice to you, amend your advertisement in any way, if bloo believes your advertisement is offensive, breaches legislation, or infringes the rights of others.

Your Warranties [6.]

You represent and warrant that the information and/or material you provide bloo:

  1. Is information and/or material you provide bloo that you are authorised to provide;
  2. is not defamatory or offensive in relation to or adversely reflects any product, service, person or corporation;
  3. does not infringe any intellectual property rights or other rights, including trade marks, business names, copyright, confidential information, designs or patents;
  4. is not misleading or deceptive or likely to mislead or deceive, is not the "passing off" of any product or service, and does not constitute unfair competition;
  5. does not infringe any State or Federal legislation or regulations of Australia;
  6. will not give rise to any claims or liabilities against bloo.

bloo's Warranties [7.]

  1. Subject to availability, technical limitations, and these terms and conditions, bloo will use its reasonable efforts to publish your advertisement in the same format as the advertisement proof and in accordance with your instructions.
  2. bloo will take reasonable care in compiling its online directories and the content on its Site.

Links to other Websites [8.]

  1. The Site may contain links to other websites which are owned and operated by third parties and which are not maintained or controlled by bloo or its related companies ("Third Party Sites").
  2. These links are provided as a convenience to you and bloo does not imply any endorsement of the linked site.
  3. bloo does not make any representations or warranties regarding the Third Party Sites and does not accept responsibility for the material contained on those sites.
  4. If you decide to leave the Site and access the Third Party Sites you do so at your own risk.

Maintenance of the Site [9.]

  1. bloo may be required to perform maintenance to servers or its Site from time to time. bloo will endeavour to schedule maintenance for convenient times with minimal interruption and keep you informed of details of any maintenance.
  2. As a result of any maintenance or due to any other reason the Site may be temporarily unavailable. bloo assumes no responsibility for any interruption, defect, delay in operation or transmission, technical malfunctions or other problems relating or resulting from the Site being offline or unavailable.
  3. bloo will archive your data onto backup mechanisms on a regular basis for the purpose of disaster recovery.

Vouchers [10.]

  1. with relation to Advertisers: [10.1.]
    1. bloo may from time to time provide functionality allowing you to create and advertise vouchers regarding your goods and/or services to visitors of the Site.
    2. You agree that any voucher created and/or advertised through the Site relates to a legitimate discount or other benefit being provided to a person on presentation of the voucher.
    3. You agree to indemnify bloo against any claim for loss or damage caused to any person resulting from your refusal to honour a voucher advertised through the Site.
  2. with relation to Users: [10.2.]
    1. In this section, "Advertiser" means a company, business or person advertising their goods and/or services through the Site.
    2. From time to time, bloo may provide to you vouchers in respect of an Advertiser's goods and/or services. bloo provides these vouchers to you on an "as is" basis. The use and terms of any voucher provided by bloo is governed between yourself and the Advertiser.
    3. A printed version of the voucher must be provided to the Advertiser in order to claim the benefit stated on the voucher.
    4. The terms and conditions of use of a voucher are as set out on the voucher and/or on the section of the Site advertising the Advertiser's goods and/or services.
    5. bloo is not responsible for any loss or damage of any form caused to you by the Advertiser refusing to honour one or more vouchers provided through the Site.

Intellectual Property [11.]

  1. The advertisement has been designed by bloo for inclusion in your business listing in the directory. All intellectual property rights and other rights in this advertisement (excluding trade marks) are owned by bloo.
  2. You are not permitted to reproduce or use the advertisement or elements of it without the prior written consent of bloo.
  3. By uploading any material you are granting bloo a perpetual, non-exclusive licence to reproduce, use and exploit the intellectual property in such material as part of the Site to the extent permitted by Australian law.

Limitation of Liability [12.]

  1. bloo will not be liable for any delay of failure to publish your advertisement or list your business where the delay or failure is caused by a factor outside bloo's reasonable control.
  2. bloo does not accept responsibility for any errors in advertising materials.
  3. bloo is not responsible for any losses that result from the update or amendment to your business listing, advertisement or other promotional material for your business contained on the Site.
  4. bloo does not accept liability to you for losses that result from your use of bloo's services in the connection with conducting your business. If liability cannot be excluded bloo limits its liability to you to (at bloo's option) the re-supply of the advertising services affected by its breach or negligence, or the cost of re-supply.
  5. bloo makes no warranties that its Site and the directory are complete, current or free from errors or omissions.
  6. bloo does not warrant or represent that its services or access to its Site will be continuous and uninterrupted.
  7. bloo makes no warranties that the Site will be secure and free from external intruders (hackers), virus, worm attack, or unauthorised access by any person.
  8. bloo does not warrant that its Site complies with the laws of any other country outside Australia.
  9. bloo accepts your business listing and designs your advertisement in good faith and does not make any representations about your business to users of its Site.
  10. bloo does not make any representations or warranties in relation to the number of visitors the Site will attract.
  11. You acknowledge that you have not relied upon any advice given or representations made by bloo or on its behalf in connection with its services.
  12. bloo reserves the right to list your business, free of charge, in additional headings as Bloo considers appropriate for the nature of your business.

Indemnity [13.]

You agree to indemnify and hold bloo, its subsidiaries and affiliates, and each of their directors, officers, agents, contractors, partners and employees, harmless from and against any loss, liability, claim, demand, damages, costs and expenses arising out of or in connection with:

  1. your breach of these terms and conditions, your Advertising Contract, the privacy policy or any other terms found on the Site;
  2. any willful, unlawful or negligent act or omission by you;
  3. the publication by bloo of your advertisement, or any information or material supplied by you;
  4. the amendment or update of your business listing, advertisement or other promotional material for your business contained on the Site;
  5. access by others to your business website through links from bloo's Site.

Termination and Removal of Your Business Listing and Advertisement [14.]

  1. You are liable to bloo for any breach of contract or negligence.
  2. bloo can refuse to accept advertisements or remove them from the Site if they infringe other's rights or do not comply with laws.
  3. bloo may suspend, limit or terminate your membership, delete your business listing and remove your advertisement in the following circumstances: [14.3.]
    1. You breach these terms and conditions, your Advertising Contract, the privacy policy or any other terms found on the Site;
    2. bloo reasonably believes the operation of the Site may be jeopardised or there is real risk of loss or damage of any kind to bloo or another;
    3. bloo is legally required to suspend, limit or terminate your membership or it becomes illegal to provide you with access to its Site.
  4. Notwithstanding any suspension or termination of bloo's services, you shall remain liable for all payments due under your Advertising Contract and if you are at fault you must remedy your breach and may be obligated to pay a reactivation fee before bloo will re-supply its services.
  5. Your advertising contract period is (12) months.
  6. Your contract may be cancelled by written notice within (1) month outside of your contract period.

Severability [15.]

  1. If any of these terms or conditions are invalid, illegal or unenforceable, those terms or conditions will be struck out and other provisions which are self-sustaining and capable of separate enforcement to the invalid provision, are and continue to be valid and enforceable in accordance with their terms.

Waiver [16.]

  1. The failure, or delay on the part of bloo in exercising its power or right in relation to your breach of these terms or conditions does not operate as a waiver of that power or right, nor does any single exercise of any power or right preclude any other or further exercise of any power or right.

Governing Law [17.]

  1. These terms and conditions are governed by the laws of Western Australia.

Entire Agreement [18.]

  1. These terms and conditions, together with your Advertising Contract, bloo's privacy policy and other terms found on the Site, represent the entire agreement between you and bloo in relation to the advertising services and cannot be varied except by agreement in writing signed by an authorised representative of bloo.

Business Services [19.]

  1. with relation to Websites: [19.1.]
    1. Domain registration fees may be included in the website package for up to a maximum of 12 months. Subsequent registration/extension of period is at the customer's expense.
    2. bloo initial concept designs will be for the website's home page only. bloo will typically provide this within a 5 day period, but reserves the right to take a longer period of time for complex design requirements. If bloo believes there will be a longer time period required for any particular reason, this will be communicated with the customer in question.
    3. The ownnership for any website product designed and/or hosted, or website service provided by bloo is retained by bloo, but may be transferable to the customer for a once-off fee of $500 excluding any applicable goods and services taxes at the conclusion of the contract period, (typically 12 months).
  2. with relation to SEO & SEM services: [19.2.]
    1. In terms of any guarantee to promote an entity sufficiently so that it ranks on the first page of Google -- bloo reserves the right to choose and/or compete for keywords at its discretion.