OVERVIEW
This website is operated by Insight Institute Pty Ltd (ABN 40 685 764 694), trading as Strawberry Bear(“Strawberry Bear”, “we”, “us”, or “our”). Strawberry Bear offers this website, including all information, tools and services available from this site to you, the user, conditioned upon your acceptance of all terms, conditions, policies, and notices stated here.
By visiting our site and/or purchasing something from us, you engage in our “Service” and agree to be bound by the following Terms and Conditions (“Terms of Service”, “Terms”), including those additional terms and conditions and policies referenced herein and/or available by hyperlink. These Terms apply to all users of the site, including without limitation users who are browsers, vendors, customers, merchants, and/or contributors of content.
Please read these Terms carefully before accessing or using our website. By accessing or using any part of the site, you agree to be bound by these Terms. If you do not agree to all the terms and conditions, then you may not access the website or use any services.
Any new features or tools added to the current store shall also be subject to these Terms. You can review the most current version of the Terms at any time on this page. We reserve the right to update, change or replace any part of these Terms by posting updates and/or changes to our website. It is your responsibility to check this page periodically for changes. Your continued use of or access to the website following the posting of any changes constitutes acceptance of those changes.
Our store is hosted on Shopify Inc. They provide us with the online e-commerce platform that allows us to sell our products and services to you.
SECTION 1 – ONLINE STORE TERMS
By agreeing to these Terms, you represent that you are at least the age of majority in your state or province of residence, or that you are the age of majority and you have given us your consent to allow any of your minor dependents to use this site.
You may not use our products for any illegal or unauthorized purpose nor may you, in the use of the Service, violate any laws in your jurisdiction (including but not limited to copyright laws).
You must not transmit any worms, viruses or destructive code.
A breach or violation of any Terms will result in an immediate termination of your Services.
SECTION 2 – GENERAL CONDITIONS
We reserve the right to refuse service to anyone for any reason at any time.
You understand that your content (not including credit card information) may be transferred unencrypted and involve (a) transmissions over various networks; and (b) changes to conform and adapt to technical requirements of connecting networks or devices. Credit card information is always encrypted during transfer.
You agree not to reproduce, duplicate, copy, sell, resell, or exploit any portion of the Service without express written permission by us.
The headings used in this agreement are for convenience only and will not limit or otherwise affect these Terms.
SECTION 3 – ACCURACY, COMPLETENESS AND TIMELINESS OF INFORMATION
We are not responsible if information on this site is not accurate, complete, or current. The material is provided for general information only and should not be relied upon as the sole basis for decision-making without consulting more accurate or timely sources. Any reliance on the material is at your own risk.
This site may contain historical information. Historical information is provided for reference only and may not be current. We reserve the right to modify content at any time, but have no obligation to update information. You agree it is your responsibility to monitor changes.
SECTION 4 – MODIFICATIONS TO THE SERVICE AND PRICES
Prices for our products are subject to change without notice.
We reserve the right to modify or discontinue the Service (or any part thereof) at any time without notice.
We shall not be liable to you or to any third party for any modification, price change, suspension or discontinuance.
SECTION 5 – PRODUCTS OR SERVICES
Certain products or services may be available exclusively online. These may have limited quantities and are subject to our separate Returns Policy.
We have made every effort to display product colours and images accurately, but cannot guarantee your device display will be accurate.
We reserve the right to limit sales of our products or Services to any person, region or jurisdiction, and to limit quantities.
All product descriptions and pricing are subject to change at any time without notice. We reserve the right to discontinue any product at any time.
We do not warrant that the quality of products, services, or information will meet your expectations, or that any errors in the Service will be corrected.
SECTION 6 – ACCURACY OF BILLING AND ACCOUNT INFORMATION
We reserve the right to refuse any order. We may, at our discretion, limit or cancel quantities purchased per person, household, or order. These restrictions may include orders placed using the same customer account, credit card, or billing/shipping address. If we make a change or cancel an order, we may notify you by email or phone.
We reserve the right to prohibit orders that, in our judgment, appear to be placed by dealers, resellers, or distributors.
You agree to provide current, complete, and accurate purchase and account information. You agree to update your account details promptly so we can complete transactions and contact you as needed.
SECTION 7 – OPTIONAL TOOLS
We may provide access to third-party tools over which we have no control.
You acknowledge and agree that access to such tools is provided “as is” and “as available” without warranties or conditions of any kind.
Any use of optional third-party tools is at your own risk and discretion.
We may also offer new services and features in the future. Such features shall also be subject to these Terms.
SECTION 8 – THIRD-PARTY LINKS
Certain content, products, and services available via our Service may include materials from third parties.
Links may direct you to third-party websites not affiliated with us. We are not responsible for examining or evaluating the content or accuracy, and we do not warrant or accept liability for any third-party materials or websites.
We are not liable for harm or damages related to use of third-party goods, services, or transactions. Please review the third party’s policies carefully.
SECTION 9 – USER COMMENTS, FEEDBACK AND OTHER SUBMISSIONS
If you send us submissions (e.g. contest entries, ideas, suggestions, proposals, or materials), you agree that we may edit, copy, publish, distribute, translate and use them in any medium at any time without restriction.
We are under no obligation to (1) maintain comments in confidence; (2) pay compensation; or (3) respond.
We may monitor, edit or remove content we determine unlawful, offensive, defamatory, obscene, or otherwise objectionable.
You agree your comments will not violate third-party rights, contain unlawful or abusive material, or contain malware. You may not mislead us or third parties as to origin.
You are solely responsible for your comments and accuracy.
SECTION 10 – PERSONAL INFORMATION
Your submission of personal information through the store is governed by our Privacy Policy.
SECTION 11 – ERRORS, INACCURACIES AND OMISSIONS
Occasionally there may be information that contains typographical errors, inaccuracies or omissions (relating to product descriptions, pricing, promotions, offers, product availability, etc.). We reserve the right to correct such errors, and to change or update information or cancel orders if any information is inaccurate at any time without prior notice (including after submitting your order).
We undertake no obligation to update, amend, or clarify information except as required by law.
SECTION 12 – PROHIBITED USES
In addition to other prohibitions in these Terms, you are prohibited from using the site or its content:
(a) for unlawful purposes;
(b) to solicit unlawful acts;
(c) to violate laws or regulations;
(d) to infringe our intellectual property or the rights of others;
(e) to harass, abuse, defame, intimidate, or discriminate;
(f) to submit false or misleading information;
(g) to upload malware;
(h) to collect personal information of others;
(i) to spam or scrape;
(j) for obscene or immoral purposes; or
(k) to interfere with security features.
We reserve the right to terminate your use of the Service for violating any prohibited uses.
SECTION 13 – DISCLAIMER OF WARRANTIES; LIMITATION OF LIABILITY
We do not guarantee uninterrupted, timely, secure, or error-free service.
We do not warrant that results obtained from the use of the service will be accurate or reliable.
You agree that we may remove or cancel the service at any time without notice.
You expressly agree that your use of the service is at your sole risk. The service and all products provided through it are (except as expressly stated by us) provided “as is” and “as available,” without warranties of any kind, express or implied.
In no case shall Strawberry Bear, Insight Institute Pty Ltd, or our directors, officers, employees, affiliates, agents, contractors, suppliers, or licensors be liable for any injury, loss, claim, or damages of any kind, including lost profits, lost data, replacement costs, or any similar damages, whether based in contract, tort, strict liability or otherwise, arising from your use of the service or products.
Because some jurisdictions do not allow the exclusion or limitation of liability, our liability shall be limited to the maximum extent permitted by law.
SECTION 14 – INDEMNIFICATION
You agree to indemnify, defend, and hold harmless Strawberry Bear, Insight Institute Pty Ltd, and our officers, directors, employees, agents, contractors, licensors, suppliers, and affiliates, from any claim or demand, including reasonable legal fees, arising out of your breach of these Terms or your violation of any law or third-party rights.
SECTION 15 – SEVERABILITY
If any provision of these Terms is deemed unlawful, void, or unenforceable, that provision shall still be enforceable to the fullest extent permitted, and the unenforceable portion shall be deemed severed. This shall not affect the validity of the remaining provisions.
SECTION 16 – TERMINATION
The obligations and liabilities of the parties incurred before termination survive termination.
These Terms are effective unless terminated by either you or us. You may terminate by notifying us that you no longer wish to use our Services.
If in our judgment you fail to comply with any Terms, we may terminate this agreement without notice and deny you access to Services.
SECTION 17 – ENTIRE AGREEMENT
These Terms and any policies or operating rules posted by us on this site constitute the entire agreement between you and us, superseding any prior agreements.
Any ambiguities shall not be construed against the drafting party.
SECTION 18 – GOVERNING LAW
These Terms and any separate agreements whereby we provide Services shall be governed by and construed in accordance with the laws of Australia.
SECTION 19 – CHANGES TO TERMS OF SERVICE
You can review the most current version of the Terms at any time on this page.
We reserve the right, at our discretion, to update or change any part of these Terms by posting updates to our website. It is your responsibility to check our site for changes. Your continued use of our site or Service constitutes acceptance of those changes.
SECTION 20 – CONTACT INFORMATION
Questions about the Terms of Service should be sent to us at info@strawberrybear.com.au
