HelloBarcode ABN: 47 915 567 946
Accepting this Agreement
By using the Website, you agree to:
comply with and be bound by the terms and conditions of this Agreement.
pay the amounts in relation to the transactions you perform on this site.
If you do not agree to these terms, you have no right to obtain information, make purchases or otherwise continue using the Website.
These terms are binding on any use of the Website and apply from the time you first access the Website.
It is your obligation to ensure that you have read, understood and agree to the most recent terms available on the Website.
Any terms of this Agreement at the time you conclude the purchase of the barcodes is the version which will apply to that transaction.
Please email us at firstname.lastname@example.org if you have any questions relating to these terms and conditions.
Unless the terms and conditions of the Agreement explicitly state otherwise, expressions used in the Agreement have the following meanings:
Agreement means this document and any additional policies available on the Website.
Intellectual Property Right means all present and future rights conferred by statute, common law or equity (and all moral rights) in or in relation to business names, circuit layouts, computer software, confidential information, copyright, designs, domain names, formulas, inventions, knowhow, patents, plant varieties, recipes, trade marks, and other results of intellectual activity in the industrial, commercial, scientific, literary or artistic field, the benefit of any application to register such a right and the benefit of any renewal or extension of such a right.
Non Excludable Condition means any guarantee, condition or warranty (such as the consumer guarantees implied by the Competition and Consumer Act 2010 (Cth)), which cannot by law be excluded.
Privacy Law means:
(1.a) the Privacy Act 1988 (Cth);
(1.b) the European Union General Data Protection Regulation (GDPR); and
(1.a) any code registered under the Privacy Act, the GDPR or the Act on the Protection of Personal Information (APPI)..
You means a person or entity using the Website.
Us, we or our means HelloBarcode ABN: 47 915 567 946
Website means the website located at https://hellobarcode.com/
Use of the Website
Information Purposes Only
(1.a) The information contained on the Website is based on the most up to date information available to us and is to be used or relied on at your own risk.
We make no warranty or representations as to the accuracy of the information.
You should make further enquiries before determining which barcodes are suitable for your purposes.
We reserve the right to make changes to the information contained on the Website without prior notice.
Third party links
The Website may contain hyperlinks and other pointers to websites operated by third parties. We do not control these third party websites and are therefore not responsible for the content of any third party website or any hyperlink contained in a third party website. We provide the hyperlinks for your convenience only and do not indicate, expressly or implicitly, any endorsement, sponsorship or approval by us of a third party website or the products or services offered at a third party website. Your visit to a third party website is entirely at your own risk.
Website not locally available
You acknowledge and agree that the Website will only be accessible using the Internet (or other connection to our third party servers), and will not be available “locally” from your own servers.
Parts of the Website controlled by third parties
You acknowledge and agree that the Website is operated from servers owned and controlled by a third party. As such, you acknowledge that certain functions are out of our control, including data storage and backup.
We can Change the Website at Discretion
We reserve the right to upgrade, maintain, tune, backup, amend, add to or remove items from, redesign, improve or otherwise alter the Website at our sole and absolute discretion.
From time to time, without notice, access to all or part of the Website may be disrupted or limited. During such an interruption, we will use reasonable endeavors to restore access to the Website as soon as practicable.
We reserve the right to make some, or all, of the Website inaccessible from time to time as is required for upgrades, maintenance and updates.
(1.a) You acknowledge and agree that there may be technical or administrative errors in the information on the Website, including but not limited to errors with respect to product description, pricing and availability.
We reserve the right to do any of the following, at our absolute discretion, without notice:
correct any errors in the Website; or
update the Website.
We will take reasonable steps to ensure that the Website is secure from unauthorized access consistent with generally accepted industry standards in our industry including SSL encryption in passing payment details to the payment gateway provider.
Purchase of Barcodes
(1.a) Prices for barcodes presented on this website are provided as an invitation to treat.
By completing the form on the Website checkout you are making an offer to us on the terms and conditions set out in this Agreement.
We are under no obligation to accept an offer made by you.
Acceptance of your offer is deemed after payment for the barcodes has been received.
(1.a) In purchasing barcodes, you agree to abide by the terms and conditions imposed by your financial institution, and pay the amounts in relation to the transactions you authorize on this Website.
While we use only reputable payment gateway providers, we are not liable for any act or omission of the payment gateway provider you select on the checkout.
For alternative means of payment please contact us via the email address set out above. Any payment by alternative means, if accepted by us, is subject to the terms and conditions of this Agreement to the maximum extent they apply.
(1.a) We endeavor to deliver the barcodes to you immediately and make these available via direct download, however, cannot guarantee you will be able to immediately download the barcodes.
Should you encounter a delay in delivery you must contact us via the email address set out above before we can investigate the reason for the delay in delivery.
The risk in the barcodes pass to you when the barcodes are made available for download.
(1.a) Once a transaction is concluded the barcodes may not be returned unless agreed between the parties or pursuant to a term contained in this Agreement.
(1.b) Any defects purportedly present in the barcodes must be reported to us in writing within 7 days of the barcodes being made available for download.
Provider intellectual property
We own or have a license to use all the Intellectual Property Rights in the Website.
Undertakings regarding intellectual property
You warrant that you will not do any of the following, or permit any person over whom you have effective control to:
(1.a) copy or reproduce, or create an adaptation or translation of, all or part of the Website in any way, except to the extent that reproduction occurs automatically through the ordinary use of the Website in accordance with this Agreement;
incorporate all or part of the Website in any other webpage, site, application or other digital or non-digital format;
(subject to other rights explicitly granted under the Agreement) sell, license, sub-license, lease, rent, distribute, disclose, permit access to, or transfer to any third party, whether for profit or without charge, any portion of the Website on any medium; or
directly or indirectly copy, recreate, de-compile, reverse engineer or otherwise obtain, modify or use any source or object code, architecture, or algorithms contained in the Website or any documentation associated with them.
(1.a) You warrant you:
are over the age of 18;
have the requisite authority to enter into this Agreement; and
have authority to use the payment method you select.
We warrant the barcodes are:
free from material defects;
fit for their intended purpose;
of merchantable quality; and
delivered free of liens or encumbrances.
We make no warranties or guarantees:
the barcodes will be accepted by any retailer, wholesaler or any other third party;
the Website is of acceptable quality and fitness for a particular purpose;
regarding your access to, or the results of your access to, the Website including its correctness, accuracy, timeliness, completeness, reliability or otherwise.
Subject to the Non Excludable Conditions, all other conditions and warranties, statutory or otherwise and whether express or implied, are hereby excluded, and no guarantee, other than that expressly contained in this agreement, applies to the barcodes.
Limitation of Liability
We exclude all implied guarantees, conditions and warranties from this Agreement and except any Non Excludable Condition.
Limitation of Liability
We exclude all other liability for any costs, including consequential loss, suffered or incurred directly or indirectly by you in connection with this Agreement, including in connection with:
(1.a) the Website being inaccessible for any reason;
any delay or failure in the delivery of the barcodes;
the use of the barcodes for a purpose they were not intended to be used;
any retailer, wholesaler or any other third party’s refusal to accept or use the barcodes.
incorrect or corrupt data, lost data, or any inputs or outputs of the Website;
computer virus, trojan and other malware in connection with the Website;
security vulnerabilities in the Website or any breach of security that results in unauthorized access to, or corruption of data;
any negligent act performed by you connected with the Website or the barcodes;
any unauthorized activity in relation to the Website;
your breach of this Agreement; or
any act or omission by you, your personnel or any related body corporate under or in relation to this Agreement.
Non Excludable Condition
Where a Non Excludable Condition is deemed to apply, to the fullest extent possible under the law, we limit our liability for any breach to:
(1.a) in the case of goods:
the re-supply of the goods or payment of the cost of the re-supply of the goods; or
the replacement or repair of the goods or payment of the cost of replacement or repair of the goods; and
in the case of services:
the resupply of the services; or
the payment of the cost of having the services resupplied.
Limit of Liability where the Non Excludable Conditions do not apply
Where the Non Excludable Conditions do not apply, we limit our liability to you to the price paid for the barcodes.
You indemnify us, including our directors, employees, contractors, agents, subsidiaries and related bodies corporate against all costs suffered or incurred by us, however caused, arising wholly or partially, directly or indirectly, in connection with this Agreement or your use of the Website, including any costs arising directly or indirectly from:
(1.a) your breach of this Agreement;
you or any authorized user infringement of any third party Intellectual Property Rights while using the Website;
any harm to, claim or action by a third party arising directly or indirectly from your use of the Website; or
your breach of any Privacy Laws.
We may end this Agreement immediately if in our reasonable opinion you are in breach of this Agreement.
General and interpretation
We may assign, encumber, declare a trust over or otherwise create an interest in its rights under this document without your consent, and may disclose to any potential holder of the right or interest any information relating to this document or any party to it.
Inconsistency with other documents
If the terms of this Agreement are inconsistent with any other document or agreement between the parties, these terms prevail to the extent of the inconsistency.
Operation of these terms
(1.b) These terms contain the entire agreement between the parties about its subject matter. Any previous understanding, agreement, representation or warranty relating to that subject matter is replaced by these terms and has no further effect.
(1.c) Any provision of these terms which is unenforceable or partly unenforceable is, where possible, to be severed to the extent necessary to make these terms enforceable, unless this would materially change the intended effect of these terms.
Nothing in this Agreement is intended to create or be construed as creating a relationship of agency, joint venture or partnership between any of the parties. Unless expressly stated in this Agreement, no party may act as agent of or in any way bind another party to any obligation.
Neither party has entered into any contract under this Agreement in reliance on or as a result of any representation, promise, statement, conduct or inducement by the other otherwise than as set out in this Agreement.
(1.d) The obligations of the parties under this Agreement are suspended to the extent that occurrences or conditions beyond its control, including but not limited to acts of terrorism, hacking, acts of God, war, strikes, civil disorder, disasters, earthquake, fire, flood, lockout, embargo, failure of suppliers, equipment failures or changes to government regulations (Unforeseen Event) which affects them, as long as the Unforeseen Event continues. However, if an Unforeseen Event continues for more than 40 Business Days, we may terminate this Agreement by notice in writing to the you of not less than 10 Business Days.
(1.e) The occurrence of an Unforeseen Event does not suspend the obligation of the Customer to pay any money under this Agreement.
(1.f) A party claiming an Unforeseen Event must use their best endeavours to remove, overcome or minimize the effects of that Unforeseen Event as quickly as possible.
This Agreement may only be varied in writing by agreement between the parties.
Unless the terms and conditions of the Agreement explicitly state otherwise, the Agreement will be interpreted as follows:
(1.a) a reference to a party includes that party’s permitted assigns, administrators, successors, executors, legal representatives and any novated party;
any reference to a trustee includes any substituted or additional trustee;
unless used for the usual grammatical purpose, inverted commas around a term indicate industry jargon that will be interpreted according to how that term would be understood by an individual with expertise in the relevant industry;
“including”, “includes” or any derivation of those words does not limit the matter in question to the things specifically mentioned in the applicable context;
where a term is defined, other grammatical forms of that term will be taken to have the same meaning;
headings are for convenience and will not affect interpretation;
words in the singular will be taken to include the plural and also the opposite;
a reference to currency is a reference to United States Dollars (USD);
when any kind of legislative instrument is referenced, the reference will be taken to be that instrument as updated or substituted for by the legislative body in any way;
where a “URL” is mentioned, the non-operation of the “URL” will not render the rights and obligations associated with it invalid; and
a reference to a party’s conduct includes omissions as well as acts.