Terms Of Use

Bondi Boost® Terms and Conditions of Use

Last Updated: 11/19/2024

This website is owned and operated by Bondi Boost U.S., LLC (“Bondi Boost,” “we,” “our,” or “us”), located at 3001 N Dallas Pkwy, Suite 800 Frisco, TX 75034. These Terms and Conditions of Use apply to any Bondi Boost website, mobile and web-based applications, and any other tools, products, or services provided by Bondi Boost that references or posts a link to this page (collectively, the “Site”).

By accessing or using the Site, you consent to (i) these Terms and Conditions of Use (“Terms”), (ii) our collection, use and sharing of your information as described in our Privacy Policy, and (iii) any other legal notices, conditions or guidelines located within the Site. If you do not agree to these Terms, our Privacy Policy, or any other legal notices, conditions or guidelines location within the Site, please exit our Site. If you have any questions regarding our policies or your use of our Site, please contact us by e-mail at privacy@bondiboost.com or by mail to: Bondi Boost U.S., LLC, 3001 N Dallas Pkwy, Suite 800 Frisco, TX 75034, Attn: BondiBoost Policy

PLEASE READ THESE TERMS CAREFULLY BEFORE USING THE SITE. THEY APPLY TO ALL USERS OF THE SITE, REGARDLESS OF WHETHER THEY CREATE AN ACCOUNT ON THE SITE.

Additional terms or product requirements (including age requirements) may apply to the Site. If additional terms or conditions are available with or applicable to the Site, then those additional terms become part of your agreement with us if you use the Site.  By accessing or using the Site, you intend and agree to be legally bound by these Terms.  You may wish to print or save a local copy of the Terms for your records.

YOU ACKNOWLEDGE AND AGREE THAT THESE TERMS LIMIT OUR LIABILITY AND THAT YOU ARE RELEASING US FROM VARIOUS CLAIMS IN SECTIONS 10 AND 11 BELOW. THESE TERMS ALSO CONTAIN A BINDING ARBITRATION PROVISION IN SECTION 19 THAT AFFECT YOUR RIGHTS UNDER THESE TERMS WITH RESPECT TO THE SITE.

  1. Changing Your Information

You are responsible for ensuring that information you provide in connection with any account you create on the Site is accurate and up to date. You may change or edit your information at our Site by logging into your registered account.

  1. Provision and Use of our Services

You agree and acknowledge that Bondi Boost is entitled to modify, remove, improve or discontinue any of its services, functionalities or features at its discretion and without notice to you or liability, even if it may result in you being prevented from accessing any information contained in it. You can stop using our Site at any time, although we’ll be sorry to see you go. We may also suspend or stop providing our Site to you, or add or create new limits to our Site, at any time. Furthermore, you agree and acknowledge that Bondi Boost is entitled to provide services to you through its parents, subsidiaries, affiliated entities, or third-party service providers.

You must follow any policies made available to you within the Site, including our Privacy Policy, Shipping Policy and Return Policy.

Don’t misuse our Site.  For example, don’t interfere with our Site, try to access them using a method other than the interface and the instructions that we provide, or extensively or automatically copy any content from the Site (in other words, no scraping). You may use our Site only for your personal non-commercial use, and as permitted by law, including applicable export and re-export control laws and regulations. We may suspend or stop providing our Site to you if you do not comply with our terms or policies, if we are investigating suspected misconduct, or for any other reason. You agree that you will not use the Site to:

  • Violate any law or a third-party’s rights;
  • Submit excessive or unsolicited commercial messages or spam any users;
  • Access content and data that is not intended for you;
  • Submit malicious content or viruses;
  • Solicit other people’s login information, credit card numbers, or other sensitive information;
  • Harass or bully other users; or
  • Post Content that is hate speech, threatening or pornographic, that incites violence or that contains nudity or graphic or gratuitous violence.

 

In connection with your use of the Site, we may send you service announcements, administrative messages, and other information. You may opt out of our marketing emails by clicking on the “unsubscribe” link in marketing e-mails or texting “Stop” or “Do Not Send” in response to text messages. Please be aware that there may be a brief period before we are able to process your opt-out.

Some of the services and features offered on the Site are available on mobile devices or may utilize SMS/iMessage, which may cause you to incur SMS or data charges with your wireless provider.  Please be aware that we have no control over these charges, and if you do not wish to be charged, you should stop using the mobile or SMS/iMessage features (as applicable). When you send SMS/iMessage messages using the services and features through our Site, you represent and warrant you have the recipient’s prior consent to send him or her messages.

  1. Payment

You agree to pay all amounts owed to us on our Site under any terms, policies or other written or electronic agreement we may have in place.  We may collect fees though our contracted third-party payment processor (Shopify). When you accept these Terms, you are also agreeing to the applicable payment processor’s terms of service. We may replace our third party payment processor without notice to you. We may require you to maintain valid credit card or other payment account information with our third-party payment processor in order to receive the products on our Site, and if so, you hereby authorize us to charge your credit card or other payment account for the products on our Site. Any failure to maintain valid, up-to-date payment information with our third-party payment processor or to keep your payments current will constitute a material breach of these Terms, for which we may suspend or terminate your access to the Site immediately without notice.  Interest will be charged on all unpaid delinquent amounts at the rate of 1.5% per month or the highest rate permitted by applicable law, whichever is lesser.  You agree to reimburse us for all collection agency fees, attorneys’ fees and other costs we may incur to collect delinquent amounts you owe to us.

4. Ownership and Use of Site Content

a. Site Content

Unless otherwise noted, all photographs, pictures, graphics, and all other images, including digital, printed and video images, and portions thereof, and all content, data, information, news, and all other text and materials, including digital, printed, broadcast, and audio materials, along with the layout, presentation, and design of the Site and all documentation, data, services, features, products and other content at the Site (collectively, “Site Content”) are protected in all forms by intellectual property laws including, without limitation, copyright, patent, trade secret, and any other proprietary rights at law and common law in the United States, Canada, and other jurisdictions. Users are not permitted to modify copies of any materials from this Site nor delete or alter any copyright or other proprietary rights notices from copies of materials from the Site. All Site Content is owned by, or licensed to, Bondi Boost. Site Content may not be reproduced, modified, redistributed or otherwise used in any way without a written license with the applicable Site Content owner.

b. Use of Site Content

Bondi Booost grants you a limited, non-exclusive, non-assignable, non-transferable, revocable license to access and display on your personal computer or mobile device for your own use, but not copy or transfer or broadcast or otherwise use in any way, the Site Content found at this Site for your personal, non-commercial and educational use only. You further agree not to change or delete any proprietary notices from materials downloaded from the Site.

c. Reservation of Rights

All rights not expressly granted by Bondi Boost herein are reserved. Nothing on the Site or in these Terms grants, expressly or implicitly, by estoppel or otherwise, any right or license to use any Site Content or other materials of any third party or may be construed to mean that Bondi Boost has the authority to grant any license on behalf of any third party. Using our Site does not give you ownership of any intellectual property rights in our Site or the Site Content you access through them.

Use of any such property, except as expressly authorized, shall constitute an infringement or violation of the rights of the property owner and may be a violation of federal or other laws and could subject the infringer to legal action.

  1. Trademarks

    a. Bondi Boost Trademarks

    Bondi Boost trademarks, including the trademarks “Bondi Boost,” the logo, all page headers, graphics, images, symbols, trade names and other Bondi Boost marks found at the Site are the proprietary property of Bondi Boost (collectively the “Marks”). Use of the Marks is strictly prohibited without the prior written consent of Bondi Boost. YOU MANY NOT USE THE MARKS IN CONNECTION WITH  ANY AUCTION WEBSITE OR ONLINE MARKETPLACE, INCLUDING EBAY, AMAZON OR ANY OF THEIR AFFILIATES’ WEBSITES.

    b. Third Party Trademarks

    The trademarks of third parties may also appear on the Site from time to time; you may not use these trademarks without prior written permission of their respective owners. You acknowledge and agree that nothing on the Site grants, expressly or implicitly, by estoppel or otherwise, any right or license to use any of these trademarks, nor may anything be construed to mean that Bondi Boost has authority to grant any right or license on behalf of any third-party trademark owner.

  1. Restrictions, Limitations, and Conditions of Use

Any unauthorized use of our Site or Site Content for any purpose is prohibited. Your rights to this Site are given on the condition that you use the Site in accordance with these Terms. You may not use the Site for any unlawful purpose, and you may not:

  • access, solicit, collect or use any personally identifying information about any other users of the Site or anyone else;
  • restrict or inhibit others from using the Site;
  • transmit to or introduce at the Site any viruses, harmful software, or other modifications or changes to the Site or reverse engineer, decompile, disassemble, reverse assemble or modify any Site source or object code or any software or other services or processes accessible through any portion of the Site or Site Content;
  • submit, upload, email or otherwise transmit any content or other materials, to or through the Site which (a) is threatening, abusive, defamatory, obscene, vulgar, offensive, or otherwise objectionable, or which may harm minors; (b) infringes or violates the rights of others, or (c) has an advertising, political marketing, promotional or other commercial purpose;
  • attempt to breach security and/or authentication measures;
  • engage in any activities that interfere with another user’s access to the Site or the proper operation of the Site; or
  • distribute or copy any Site Content manually or by using any robot, scraper, crawler, or any other automatic device or process; frame or utilize framing techniques to enclose any Site Content; or use content from our Site in a manner that suggests an unauthorized association with any of our or our licensor’s products, services or brands.

 

Bondi Boost has no obligation to monitor your interaction with the Site but reserves the right to review or monitor the Site and any user submissions, if permitted, in its sole discretion.

  1. Creating and Terminating Accounts

Some of the features on the Site may require you to register for an account through an online registration process. When you register for an account, including when you participate in or enroll in our loyalty program, you will select login credentials and you agree that: You will not use a username (or e-mail address) used by someone else, that impersonates another person, belongs to another person, violates the intellectual property or other right of any person or entity or that is offensive. You will provide true, accurate, current and complete registration information about yourself during any registration process and will update it as needed to keep it accurate. You will immediately notify us of any unauthorized use of your account, password or username, or any other breach of security; and you will not sell, transfer, or assign your account or any account rights. You are solely responsible for all activities that occur under your account, password and username whether or not you authorize the activity. You are solely responsible for maintaining the confidentiality of your password and for restricting access to your device(s) so that others may not access any password-protected portion of our Site using your name, username, or password. If your account has been assigned to you by an administrator, such as your employer or educational institution, different or additional terms may apply and your administrator may be able to access or disable your account.  You will timely notify us of any changes to any of the foregoing information. We will not be liable for any loss or damage (of any kind and under any legal theory) to you or any third party arising from your inability or failure for any reason to comply with any of the foregoing obligations in this section. If any information that you provide, or if we have reasonable grounds to suspect that any information that you provide, is false, inaccurate, outdated or incomplete, or violates these Terms, or any applicable law, we may suspend or terminate your account. We also reserve the more general and broad right to terminate your account, or suspend or otherwise deny you access to it, or its benefits all in our sole discretion, for any reason, and without advance notice or liability.

You are responsible for controlling access to any PCs, mobile devices, or other end points that you allow to store your password, or on which you enable a "Remember Me" or similar functionality ("Activated Device"). Accordingly, you agree that you will be solely responsible for all activities that occur under your accounts, including the activities of any individual with whom you share your account or an Activated Device.

To protect your account, keep your password confidential. You are responsible for the activity that happens on or through your account.  If you learn of any unauthorized use of your password, please contact us at Hello@BondiBoost.com.

  1. Links to Other Sites

In using the Site, you may find that Bondi Boost provides hyperlinks to one or more third-party websites (the “Linked Sites”). Bondi Boost provides these links as a convenience for you and other users, but is not responsible for the content of, or links to and from, the Linked Sites. Your linking to these Linked Sites is at your own risk. We encourage you to read the terms and conditions and privacy policies of the respective Linked Sites, should you choose to visit them since your use of those Linked Sites will be subject to their terms of use and privacy policies. A link from the Site does not imply a relationship with, or endorsement of, the Linked Site(s) or its content, purpose, policies, or business practices by Bondi Boost.

  1. Contest, Sweepstakes and Other Promotions

From time to time, Bondi Boost may conduct promotions on or through the Site, including without ‎limitation, contests, rewards, sweepstakes and other promotions (“Promotions”).  Each Promotion may ‎have additional terms and/or rules of participations (“Promotion Rules”), which will be posted on ‎the Site or otherwise made available to you.  The Promotion Rules for each Promotion in which ‎you participate are deemed incorporated into and form a part of these Terms.  It is your ‎responsibility to read the Promotion Rules to determine whether or not your participation, ‎registration or entry will be valid or restricted, and to determine your participation requirements.‎

  1. Our Warranties and Disclaimers

Other than as expressly set out in these Terms, neither Bondi Boost nor its parents, subsidiaries, affiliates, directors, officers, employees, agents, service providers, licensors, licensees, suppliers, advertisers, or distributors make any specific promises about the Site. The materials, information, Site Content and services offered on the Site are provided “AS IS” and ‎without warranties of any kind, either express or implied. We also do not make any warranties or commitment relating to non-infringement, freedom from viruses or other harmful code, or error-free or uninterrupted operations in connection with the Site. To the fullest extent permissible pursuant to applicable law, we ‎disclaim all warranties, express or implied, including, but not limited to, implied warranties of ‎non-infringement, merchantability and fitness for a particular purpose.

We do not warrant that ‎the use of the Site will be uninterrupted or error-free, that defects will be corrected, or that ‎the Site or the server(s) that make it available or any advertised or hyperlinked site are free ‎of viruses or other harmful components or that the Site, server(s), or advertised or ‎Linked Sites will be accessible at all times. We do not warrant or make any commitments or representations ‎regarding the use, reliability or availability of the Site, or any information contained therein, including Site Content, ‎with respect to correctness, accuracy, reliability, graphics, links or otherwise, or the ability of the Site to meet your needs. You assume the ‎entire cost of all necessary servicing, repair or correction to any equipment you use to access ‎the Site. To the extent that applicable law may not allow the exclusion of implied warranties, ‎the above exclusions may not apply to you.‎

Documents, information, graphics and other materials appearing on the Site may include ‎technical inaccuracies, miscalculations, typographical errors, and out-of-date information. Use of ‎such documents, information, graphics or other materials is at your own risk.‎

YOU AND YOUR HEIRS, SUCCESSORS, AND ASSIGNS HEREBY FOREVER IRREVOCABLY RELEASE, DISCHARGE, AND HOLD HARMLESS US, OUR PARENTS, SUBSIDIARIES, AFFILIATES, AND OUR AND THEIR SUCCESSORS AND ASSIGNS, AND OUR AND THEIR OFFICERS, DIRECTORS, EMPLOYEES, AND AGENTS  (COLLECTIVELY, “RELEASED PARTIES”) FROM, AND AGREE NOT TO SUE ANY RELEASED PARTY FOR, ANY LIABILITIES, CLAIMS, OBLIGATIONS, SUITS, ACTIONS, DEMANDS, EXPENSES, AND DAMAGES WHATSOEVER (COLLECTIVELY, “LIABILITIES”) THAT YOU MAY HAVE AGAINST ANY RELEASED PARTY WHETHER EXISTING NOW OR IN THE FUTURE, WHETHER KNOWN OR UNKNOWN, ARISING OUT OF OR IN CONNECTION WITH YOUR OR A THIRD PARTY’S CONDUCT RELATED TO USE OF THE SITE. YOU UNDERSTAND AND ACKNOWLEDGE THAT THE FOREGOING SENTENCE RELEASES AND DISCHARGES ALL LIABILITIES, WHETHER OR NOT THEY ARE CURRENTLY KNOWN TO YOU, AND YOU WAIVE YOUR RIGHTS UNDER CALIFORNIA CIVIL CODE SECTION 1542. YOU UNDERSTAND THE MEANING OF CALIFORNIA CIVIL CODE SECTION 1542, WHICH READS AS FOLLOWS: “A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS WHICH THE CREDITOR OR RELEASING PARTY DOES NOT KNOW OR SUSPECT TO EXIST IN HIS OR HER FAVOR AT THE TIME OF EXECUTING THE RELEASE, AND THAT, IF KNOWN BY HIM OR HER, WOULD HAVE MATERIALLY AFFECTED HIS OR HER SETTLEMENT WITH THE DEBTOR OR RELEASED PARTY.” BY AGREEING TO THESE TERMS AND THIS WAIVER, YOU ASSUME ALL RISK ARISING FROM YET UNKNOWN CLAIMS.

  1. Limitation of Liability

To the extent not prohibited by law, you waive any and all claims and rights against us and our affiliates, parents, subsidiaries and successors ‎and each of our employees, assignees, officers, agents and directors (the “Bondi Boost Parties”) ‎resulting from injury or damage to, or destruction, theft, or loss of, any property, or person, to ‎the maximum extent permitted by applicable law. To the extent not prohibited by law, none of the Bondi Boost Parties will be responsible or liable to you ‎under any cause of action, for any direct, indirect, special, exemplary, incidental, consequential, reliance or ‎punitive damages, including financial losses, loss of profits, revenues, or data or business interruption.

To the extent not prohibited by law, the total liability of Bondi Boost Parties and its licensors, licensees, suppliers, advertisers, and distributors, for any and all claims under these Terms or relating to your use of the Site, including for any implied warranties, is limited to the amount you paid us for the products from this Site (or, if we choose, to supply you the products from this Site again).

In all cases relating to providing you the Site, the Bondi Boost Parties and its licensors, licensees, suppliers, advertisers, and distributors, will not be liable for any loss or damage that is not reasonably foreseeable or that is due to events outside of our reasonable control, such as wars, criminal activities, storms, delays (including, but not limited to, delays shipping the products, or failures or delays of common carriers), public health emergency, natural disasters, acts of government, supply interruptions, or telecommunication or internet failures.‎

If you are a consumer, the provisions in these Terms are ‎intended to be only as broad and inclusive ‎as is permitted by the laws of your ‎state of residence. If you are a resident of the United States, certain states, like New Jersey, have ‎heightened consumer ‎protection laws that may make certain portions of these Terms ‎inapplicable ‎to you. Specifically, if you are a New Jersey consumer, certain ‎provisions do not limit or waive your ‎rights as a consumer under New Jersey law. The provisions in these Terms are intended to be ‎only as broad ‎and inclusive as is permitted by the laws of the State of New Jersey. No ‎provision of ‎these Terms shall limit or waive your rights as a ‎consumer under the law of your state of residence. ‎In any event, Bondi Boost reserves ‎all rights, defenses and permissible limitations under the law of your ‎state of ‎residence.‎

  1. Indemnification

You hereby agree to indemnify, defend, and hold harmless the Bondi Boost Parties from and against all claims, losses, expenses, damages and costs (including, but not limited to, reasonable attorneys' and legal fees), resulting from or arising out of your actual or alleged breach of these Terms, any Site Content you provide through the Site, or your use or misuse of the Site.  However, you will not be responsible for claims, damages, and costs which are found by a court of competent jurisdiction to have arisen solely from our violation of applicable law.

  1. Unauthorized Dealers and Resellers

Bondi Boost’s products are sometimes sold by dealers or resellers that are not authorized to do so. Bondi Boost does not guarantee or warrant any of the products sold by unauthorized dealers or resellers. For example, dealers and resellers that sell Bondi Boost products through online marketplaces, like Amazon.com  or Ebay.com, are not affiliated with, or authorized to do so by Bondi Boost. If a dealer or reseller is claiming they are authorized by Bondi Boost, please contact Bondi Boost to confirm whether that dealer or reseller is authorized or not to sell products on behalf of Bondi Boost. We urge you to make your purchase on our Site and otherwise to use caution when making a purchase from an unauthorized dealer or reseller.

  1. Typographical Errors

In the event that a Bondi Boost product is mistakenly listed at an incorrect price on our Site, Bondi Boost reserves the right to refuse or cancel any order placed for any product listed at the incorrect price. Bondi Boost reserves the right to refuse or cancel any such orders whether or not the order has been confirmed and your credit card charged. If your credit card has already been charged for the purchase and your order is cancelled, Bondi Boost shall issue a credit to your credit card account in the amount of the incorrect price. 

  1. Ability to Accept Terms

You affirm that you are the age of majority in your jurisdiction and are fully able and competent to enter into the terms, conditions, obligations, affirmations, representations, and warranties set forth in these Terms, and to abide by and comply with these Terms. The Site is not intended for children under the age of eighteen (18). If you are under 18 years of age, then please exit now and do not use this Site.

  1. Geographic Limitations

Bondi Boost controls and operates the Site in the United States, Canada and Australia. If you use our Site from other locations, you are doing so on your own initiative and are responsible for compliance with applicable local laws regarding your online conduct and acceptable content, if and to the extent local laws apply. The Site may describe products and services that are available only in the United States, Canada or Australia (or only parts of it). We reserve the right to limit the availability of our Site and/or the provision of any Site Content, program, product, service, or other feature described or available on our Site to any person, entity, geographic area, or jurisdiction, at any time and in our sole discretion, and to limit the quantities of any Site Content, program, product, service, or other feature that we provide. Further information on your rights regarding personal information collected on the Site are set forth in our .

  1. Choice of Law and Forum

    a. United States Residents

    If you reside in the United States, these Terms will be governed by and construed in accordance with the laws of the State of Texas, without giving effect to any principles of conflicts of law. Subject to the dispute resolution and arbitration provisions set forth below, you hereby consent and submit to the personal jurisdiction of the state courts located in Frisco, Texas and the federal courts located in Frisco, Texas. If any provision of these terms shall be unlawful, void or for any reason unenforceable, then that provision shall be deemed severable from these Terms and shall not affect the validity and enforceability of any remaining provisions. Any waiver of any provision of these Terms must be in writing signed by an authorized representative of Bondi Boost to be valid. A waiver of any provision hereunder shall not operate as a waiver of any other provision, or a continuing waiver of the same provision in the future.

    IF YOU ARE A CONSUMER, HOWEVER, THIS PROVISION SHALL NOT BE CONSTRUED TO LIMIT YOUR RIGHTS UNDER THE CONSUMER PROTECTION LAWS OF YOUR STATE OF RESIDENCE.

    b. Canadian Residents

    If you reside in Canada, the Site and these Terms will be governed by and construed in accordance with the laws of the Province of British Columbia and the federal laws of Canada applicable therein, without giving effect to any choice or conflict of law provision, principle, or rule (whether of the laws of the Province of Ontario or any other jurisdiction) and notwithstanding your domicile, residence, or physical location. 

    Subject to the dispute resolution and arbitration provisions set forth below, any action or proceeding arising out of or relating to the Site and under these Terms and Conditions will be instituted in the courts of the Province of British Columbia and/or the Federal Court of Canada, and each party irrevocably submits to the exclusive jurisdiction of such courts in any such action or proceeding. You waive any and all objections to the exercise of jurisdiction over you by such courts and to the venue of such courts.

  1. Export Controls

The goods sold under these Terms are subject to applicable Canadian, United States, and other export control laws and regulations, and you agree you are responsible for ensuring compliance with such laws and regulations.

  1. Dispute Resolution; Information Resolution and Formal Resolution by Arbitration / Class Action Waiver

In order to expedite and control the cost of disputes, you and Bondi Boost agree that any legal or equitable claim relating to the use of this Site or the purchase of any Bondi Boost product from this Site (referred to as a “Claim”) will be resolved as follows:

Informal Resolution:

You and Bondi Boost will first attempt to resolve any Claim informally. In the event that any dispute between Bondi Boost and you arise out of or relates to: (i) these Terms; (ii) the Site; or (iii) the purchase of any products from this Site, you and we agree to try to promptly resolve any such dispute informally. Please send a written notice describing the dispute to Hello@BondiBoost.com.  

Formal Resolution by Arbitration / Class Action Waiver.

READ THE FOLLOWING ARBITRATION PROVISION CAREFULLY, IT LIMITS YOUR RIGHTS, INCLUDING THE RIGHT TO MAINTAIN A COURT ACTION. Without limiting your waiver and release in Section 10, you agree that any dispute, controversy, or Claim arising out of or relating to these Terms, your use of the Site, or the purchase of any products from this Site, or the determination of the scope or applicability of arbitration shall be governed as set forth below in this Section 19. This Arbitration provision will survive the termination or expiration of these Terms.

If you and Bondi Boost cannot resolve a Claim informally, any Claim asserted by either party will be resolved only by binding arbitration (“Arbitration”). By agreeing to Arbitration, both you and Bondi Boost understand and agree that all processes, such as a court action or administrative proceeding, to settle disputes shall be decided by a single arbitrator and that you are waiving your rights to maintain other available resolution processes, such as a court action or administrative proceeding, to settle disputes. Instead of suing in court, both you and Bondi Boost each agree to settle disputes (except certain small claims as set forth below) only by Arbitration.

ARBITRATION MEANS THAT YOU WAIVE YOUR RIGHT TO A JURY TRIAL.

The rules in Arbitration are different. There is no judge or jury, and review is limited, but an arbitrator can award similar damages and relief and must consider the same limitations stated in these Terms as a court would. The Arbitration will be conduction under the JAMS Streamlined Arbitration Rules and Procedures (referred to as the “JAMS Rules”) and under the rules set forth in these Terms. If there is a conflict between JAMS Rules and the rules set forth in these Terms, the conditions set forth in these Terms will govern. You may in Arbitration seek any and all remedies otherwise available to you pursuant to the law of the governing state, province, or territory, as applicable. If you decide to initiate Arbitration, Bondi Boost agrees to pay the Arbitration initiation fee and any additional required deposit required by JAMS to initiate your Arbitration. Bondi Boost agrees to pay the costs of the Arbitration proceedings. All other fees, such as attorneys’ fees and expenses of travel to the Arbitration, will be paid in accordance with JAMS Rules. The arbitration will be held at a location in the state, province, or territory of your residence, if possible, unless you and Bondi Boost both agree to another location or virtual Arbitration. To initiate Arbitration, you or Bondi Boost must do the following things:

1.                Write a Demand for Arbitration. The Demand must include a description of the Claim and the amount of damages sought to be recovered. You can find a copy of a Demand for Arbitration at jamsadr.com.

2.                Send three copies of the Demand for Arbitration, plus the appropriate filing fee to: JAMS to your local JAMS office, or to JAMS, 620 Eighth Ave., 34th Floor, New York, NJ 10018.

3.                Send one copy of the Demand for Arbitration to the other party.

Special rules in the Arbitration Proceeding.

1.                Except for errors of law, the arbitrator’s decision is final and binding on all parties and may be enforced in any Federal or State court that has jurisdiction.

2.                The substance of any dispute where public injunctive relief is available shall be decided by the ‎court of competent jurisdiction. Only if the claimant succeeds on the Claim permitting the remedy of a public injunction ‎may such claimant request that a court of competent jurisdiction enter an injunction in conformity ‎with the arbitral award. ‎

3.                Neither you nor Bondi Boost shall be entitled to join or consolidate Claims in Arbitration by or against other individuals or entities or arbitrate any Claim as a representative member of a class or in a private attorney general capacity.

THIS MEANS THAT YOU WAIVE YOUR RIGHT TO INITIATE OR PARTICIPATE IN ANY CLASS OR CONSOLIDATED ACTION WHATSOEVER.

Accordingly, you and Bondi Boost agree that the JAMS Class Action Procedures do not apply to our Arbitration. A court may sever any portion of this dispute resolution provision if it finds such unenforceable, except for the prohibition on class, representative and private attorney/lawyer general arbitrations. Notwithstanding the obligation to arbitrate all Claims under these Terms, you may assert an individual Claim in small claims court of your jurisdiction in lieu of Arbitration.

  1. Limited Time to File Claims

You agree that you will assert any Claim arising out of your use of any Bondi Boost Site or the purchase of any Bondi Boost product from this Site within one (1) year after the Claim arises, or such claim will be barred.

  1. Severability and Enforceability

If any provision or portion of these Terms is held to be illegal, invalid, or unenforceable, in whole or in part, it shall be modified to the minimum extent necessary to correct any deficiencies or replaced with a provision which is as close as is legally permissible to the provision found invalid or unenforceable and shall not affect the legality, validity or enforceability of any other provisions or portions of these Terms.

  1. Money-Back Guarantee

Bondi Boost offers a 30-day money-back guarantee on all products sold on this Site. For products sold by Amazon third-party sellers or on eBay, Groupon, Bondi Boost will not honor our money-back guarantee.  Our money-back guarantee does not apply to international sales.  Our money back-guarantee only applies to sales for personal use. It does not include shipping or handling costs, taxes, discounts, special offers or promotional items.

  1. Termination/Exclusion

We reserve the right, in our sole discretion, to revoke, terminate or suspend any and all privileges associated with accessing the Site for any reason or for no reason whatsoever, including improper use of the Site or failure to comply with these Terms, and to take any other action we deem appropriate.

Provisions relating to Copyrights, Trademarks, Disclaimers, Limitations of Liability, Indemnification, Waiver, Modifications, User-Generated Content, Assignment of Rights, Choice of Law, Jurisdiction, Forum, Dispute Resolution, and Limitations on Time to File Claims, shall survive any termination.

  1. Disclaimer for User-Generated Content

The Site may permit the submission of certain user-generated text, information, data, audio, photographs, files or other content (“User Submissions”) and the hosting, sharing, transmission and/or publishing of such User Submissions. User Submissions may be used, distributed and published by us and viewed by both general users and members of the Site.  You understand that we do not guarantee any confidentiality with respect to any User Submissions.

You shall be solely responsible for your own User Submissions and the consequences of submitting, posting or publishing them. In connection with User Submissions, you affirm, represent, and warrant that: (i) you own or have the necessary licenses, rights, consents, and permissions to use and authorize us to use all copyrights, trademarks, trade secrets, patents or any other proprietary or personal rights in and to your User Submissions to enable inclusion and use of such User Submissions in the manner contemplated by the Site and these Terms; (ii) submitting, posting or publishing your User Submission on or through the Site does not and will not violate any confidentiality obligations between you and any person or organization or the privacy rights, publicity rights or other rights of any person; and (iii) you have the written consent, release, and/or permission of each and every identifiable person or organization in your User Submission to use the name or likeness of each and every such identifiable person or organization to enable inclusion and use of the User Submissions in the manner contemplated by the Site and these Terms.  You further affirm, represent and warrant that your User Submissions are not defamatory or libelous in any manner whatsoever. 

You will retain all ownership rights in your User Submissions, and we will not use, reproduce, publish, distribute or display User Submissions owned by you and stored on our Site for our commercial, marketing or any similar purpose, without your consent. By submitting a User Submission to us and permitting it to be viewed, posted or published on our Site, you hereby grant to us a perpetual, worldwide, non-exclusive, royalty-free, fully paid up, sublicensable and transferable license to use, post and store User Submissions on our Site and servers and publish, distribute and display such User Submissions in connection with the Site and Grade Cosmetics’ (and its successor’s) business, including without limitation the right to distribute such User Submissions to other users and third parties.  You further hereby waive any and all moral rights and all rights of a similar nature in any jurisdiction in your User Submission.

In connection with any User Submissions, you further agree that you will not: (i) submit or publish falsehoods, misrepresentations or statements that could damage us or any third-party; (ii) submit material that is false, misleading, inaccurate, derogatory, unlawful, obscene, defamatory, contains nudity, libelous, threatening, sexually explicit or pornographic, harassing, hateful, intimidating, racially or ethnically offensive, or encourages conduct that would be considered a criminal offense of any federal, state or local law, give rise to civil liability, violate any law, or is otherwise inappropriate or objectionable; (iii) post advertisements or business solicitations, including any “junk mail” or “spam;” (iv) impersonate another person, institution or organization or falsely state or otherwise misrepresent yourself, your age or your affiliation with any third-party, organization, institution or person; (v) upload, post, store or otherwise make available any virus, bug, Trojan horse or other computer file or program that is capable of destroying, interrupting or interfering with or limiting the functionality of the Site or any server, computer hardware, software or equipment. We do not endorse any User Submission, or any opinion, recommendation, or advice expressed therein.  We reserve the right to remove or revise Site Content and User Submissions without prior notice.  We also reserve the right to decide whether Site Content or a User Submission is appropriate and complies with these Terms for violations other than copyright infringement and violations of intellectual property law, such as, but not limited to, trademark infringement, violations of rights of publicity or privacy, obscene or defamatory material, or excessive length.  We may remove such User Submissions and/or terminate a user’s access for accessing or distributing such material in violation of these Terms at any time, without prior notice and at our sole discretion. 

You understand that when using the Site, you will be exposed to User Submissions and third-party information from a variety of sources and that we are not responsible for the accuracy, usefulness, safety or intellectual property rights of or relating to such User Submissions and third-party information. You further understand and acknowledge that you may be exposed to User Submissions that are inaccurate, offensive, indecent, or objectionable, and you agree to waive, and hereby do waive, any legal or equitable rights or remedies you have or may have against us with respect thereto.

  1. Digital Millennium Copyright Act 

Notification. If you are a copyright owner or an agent thereof and believe that any User Submission or other Site Content infringes upon your copyright, you may submit a written notification pursuant to the Digital Millennium Copyright Act (“DMCA”) (see 17 U.S.C. 512(c)(3) for further information) by providing our Copyright Agent (listed below) with the following information:

           

  1. An electronic or physical signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed;
  2. A description of the copyrighted work claimed to have been infringed or if multiple copyrighted works are covered by a notification, a representative list of such works at our Site;
  3. A description of the location on the Site of the allegedly infringing material(s);
  4. Your address, telephone number, and e-mail address;
  5. A written statement that you have a good faith belief that use of the material(s) in the manner complained of is not authorized by the copyright owner, its agent, or the law; and
  6. A written statement that the information in the notification is accurate, and under penalty of perjury, that you are authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.

 

Our designated Copyright Agent for notice of claims of infringement is:

Compliance Officer
Bondi Boost
3001 N Dallas Pkwy, Suite 800 Frisco, TX 7503
Hello@BondiBoost.com
Phone:  1 (888) 484-2692

Only notices of alleged copyright infringement should go to the Copyright Agent; any other feedback, comments, requests for technical support, and other communications should be directed to customer service at Hello@BondiBoost.com.  You acknowledge that if you fail to comply with all of the notice requirements of the DMCA, your notice may not be valid. After receiving a notice of claims of infringement, we will process and investigate the notification and will take appropriate action under the DMCA.

1.                Counter-Notification. If you believe that any User Submission of yours that was removed is not infringing, or that you have the appropriate rights from the copyright owner or third party, or pursuant to the law, to post and use the material in your User Submission, you may send a counter notification containing the following information to the Copyright Agent: (i) your physical or electronic signature; (ii) identification of the material that has been removed or to which access has been disabled and the location at which the material appeared before it was removed or disabled; (iii) a statement (under penalty of perjury) that you have a good faith belief that the content was removed or disabled as a result of mistake or a misidentification of the material; and your name, address, telephone number, and e-mail address, along with a statement that you consent to the federal court of your jurisdiction and a statement that you will accept service of process from the person who provided notification of the alleged infringement.

If a counter notification is received by the Copyright Agent, we shall send a copy of such counter notification to the original notifying party.  The original notifying party shall have ten (10) business days to file an action for copyright infringement and seek a court order against the content provider or user posting such material.  If no such infringement action is filed within such 10 business days, we may, in our sole discretion, reinstate the removed material or cease disabling such material.

1.                In accordance with the DMCA and other applicable law, we will, in appropriate circumstances, terminate access, at our sole discretion, of any member or user that we find to be a repeat infringer of others copyrights. We may also, in our sole discretion, limit or fully terminate access to the Site of any user infringing the intellectual property rights of others, regardless of whether such user is repeat offender or not.

  1. User Suggestions and Privacy

You acknowledge and agree that any questions, comments, suggestions, ideas, feedback or other information provided by you to Bondi Boost through the Site are not confidential and you grant us a worldwide, royalty-free license to distribute, publish, modify, edit or otherwise use your submissions. You acknowledge and agree that we shall be entitled to the unrestricted use and dissemination of these submissions for any purpose, commercial or otherwise without any acknowledgement of or compensation to you.

Our Privacy Policy explains how we treat your personal information and protect your privacy when you use our Site. By using our Site, you agree that we can collect, use, and share data from you as described in our Privacy Policy. We are not responsible for any information or Site Content that you share with others via your use of the Site.  You assume all privacy, security, and other risks associated with providing any information, including personally identifiable information, to other users of the Site.

  1. About Software in our Site

You may be required to download software (such as a mobile or desktop app) to use the Site or certain features of the Site, and the Site may enable you to access software running on our (or our vendors’) servers (collectively, “Software”).  You agree that we retain the ownership of all rights, title, and interest in and to the Software. Certain Software may update automatically on your device once a new version or feature is available, and you consent to such automatic updating.

Bondi Boost gives you a personal, non-commercial, worldwide, royalty-free, non-assignable, and non-exclusive license to use the Software to access the Site.  This license is for the sole purpose of enabling you to use and enjoy the benefit of the Site as provided by us, in the manner permitted by these Terms.  You may not copy, modify, distribute, sell, or lease any part of our Site or Software, nor may you reverse engineer or attempt to extract the source code of the Site or Software, unless laws prohibit those restrictions or you have our written permission.

There may be software programs contained within certain Software that have been licensed to us by third parties. The term "Software" as used herein shall refer to this third-party software except where the term “Software” is used in the context of our ownership. The same terms and conditions, including all limitations and restrictions, set forth in these Terms apply to each third-party software program contained in the Software. You acknowledge and agree that any third-party components are owned by their applicable licensors. We do not make any representations or warranties about the operation or availability of such third-party software. Neither we, nor our licensors, shall be liable for any unavailability or removal of such third-party software. We are not responsible for any communications to or from such licensors, or for the collection or use of information by such licensors. You consent to the communications enabled and/or performed by such third-party software, including automatic updating of the third-party software without further notice. You agree that such third-party software licensors are intended third-party beneficiaries under these Terms.

  1. Changes to Terms

We may revise these Terms or any additional terms that apply to the Site for any reason and at any time, with or without notice, by updating this page, and such revisions will be effective upon posting to this page. Please check these Terms periodically for any changes and the “Last Updated” date at the beginning of these Terms. Your continued use of the Site following the posting of any revisions to these Terms will mean you accept those changes. If you do not agree to the modified terms for a Site, you should discontinue your use of that Site. We reserve the right to alter, suspend or discontinue any aspect of the Site, including your access to it. We will not be liable if, for any reason, all or any part of the Site is restricted to users or unavailable at any time or for any period. Unless explicitly stated, any new features will be subject to these Terms.

  1. Third-Party Terms

You agree that in addition to these Terms, your use of our mobile app is subject to the usage rules set forth in Apple’s App Store terms of service, if you download our app from the App Store, or in Google’s Play terms of service, if you download the app from Google Play, or any other third party platform, developer or distributor end-user license agreement and/or terms and conditions by which you agree to be bound when you download our mobile app or otherwise access the Site.

Without limiting the generality of the foregoing, if you downloaded our mobile app from Apple, you and Bondi Boost acknowledge and agree to the following:  This agreement is concluded between you and Bondi Boost only, and not with Apple Inc. (“Apple”). The mobile app downloaded from Apple may only be used on Apple hardware products. Bondi Boost, not Apple, is solely responsible for the app and the content thereof. Apple has no obligation whatsoever to furnish any maintenance and support services with respect to the app. To the maximum extent permitted by applicable law, Apple will have no warranty obligation whatsoever with respect to the app, and any other claims, losses, liabilities, damages, costs or expenses attributable to any failure to conform to any warranty will be Bondi Boost’s sole responsibility.  Bondi Boost, not Apple, is responsible for addressing any claims by you or any third party relating to the app or your possession and/or use of the app, including, but not limited to: (i) product liability claims; (ii) any claim that the app fails to conform to any applicable legal or regulatory requirement; and (iii) claims arising under consumer protection or similar legislation.  In the event of any third-party claim that the app or your possession and use of the app infringes that third party’s intellectual property rights, Apple will have no responsibility for the investigation, defense, settlement and discharge of any such intellectual property infringement claim.  You represent and warrant that (i) you are not located in a country that is subject to a U.S. Government embargo, or that has been designated by the U.S. Government as a “terrorist supporting” country; and (ii) you are not listed on any U.S. Government list of prohibited or restricted parties.  Apple, and Apple’s subsidiaries, are third party beneficiaries of this agreement, and upon your acceptance of the terms and conditions of the agreement, Apple will have the right (and will be deemed to have accepted the right) to enforce the agreement against you as a third-party beneficiary thereof.

  1. General

Bondi Boost’s failure to insist upon or enforce strict performance of any provision of these Terms shall not be construed as a waiver of any provision or right. Neither the course of conduct between the parties nor trade practice shall act to modify any of these Terms.

We may assign, novate or subcontract any or all of our rights and obligations under these Terms at any time. You may not assign or delegate your rights or obligations relating to these Terms or your account for the Site without our prior written consent.

If you are using our Site on behalf of a business or employer, you are accepting these Terms on their behalf, and that business or employer agrees to be bound by these Terms.

These Terms control the relationship between Bondi Boost and you. They do not create any third-party beneficiary rights (except in the limited case of Section 29).  If you do not comply with these Terms, and we don’t take action right away, this doesn’t mean that we are giving up any rights that we may have (such as taking action in the future).  If it turns out that a particular term is not enforceable, this will not affect any other terms.

If you have any questions or comments on the Site or become aware of misuse of the Site by any person, please contact us at: Hello@BondiBoost.com.

  1. Exclusions and Limitations; Consumer Protection Notice

If you are a consumer, the provisions in these Terms are intended to be only as broad and inclusive as is permitted by the laws of your State or Country of residence. If you are a New Jersey consumer, the terms of Sections entitled “Our Warranties and Disclaimers,” “Limitation of Liability,”    “Indemnification, ” “Unauthorized Dealers and Resellers, ” “Links to Other Sites,” “Disclaimer for User-Generated Content,” “Choice of Law and Forum,” “Limited Time to File Claims,” “Severability and Enforceability,” and “Geographic Limitations” do not limit or waive your rights as a consumer under New Jersey law and the provisions in these Terms as applied to you are intended to be only as broad and inclusive as is permitted by the laws of the State of New Jersey. In any event, Bondi Boost reserves all rights, defenses and permissible limitations under the law of your state of residence. Notwithstanding the foregoing, nothing in this Section shall modify the Subsection B titled (“B. Formal Resolution by Arbitration / Class Action Waiver) of the Section titled (“Dispute Resolution; Information Resolution and Formal Resolution by Arbitration / Class Action Waiver”).

  1. Entire Agreement and Conflicts

These Terms constitute the entire and exclusive agreement between you and Bondi Boost regarding the Site and its use, and supersedes all other agreements, understandings and communications, if any, whether oral or written.

If there is a conflict between these Terms and any additional terms for the Site, the additional terms will control for that conflict.

  1. Contact Us

If you have any questions regarding these Terms or your use of our Site, please contact us at by e-mail at Hello@BondiBoost.com or by using the mailing information below:

3001 N Dallas Pkwy, Suite 800 Frisco, TX 75034.