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Terms & Conditions

1. About the Website and Acceptance of the Terms

1.1. Welcome to www.boostsafety.com (the ‘Boost Safety Website’). The Boost Safety Website provides you with an opportunity to browse and purchase various products and sevices that have been listed for sale on the Boost Safety Website (the ‘Products’, the ‘Services’ and/or the ‘Products and Services’ as the case may be). Boost Safety & Workwear provides this service by way of granting you access to the functionality and content on the Boost Safety Website (the ‘Website Services’).
1.2. The Boost Safety Website is operated by Boost Safety Pty Ltd ABN 37 168 946 594 (‘Boost Safety & Workwear’). Access to and use of the Boost Safety Website, and/or any of its associated Products or Services, is provided by Boost Safety & Workwear. Please read these terms and conditions (the ‘Terms’) carefully. By remaining on Boost Safety Website or browsing, reading, using or placing an order (‘Order’) for Products or Services on the Boost Safety Website, this signifies that you have read, understood and agree to be bound by the Terms. You may also accept the Terms by clicking to accept or agree to the Terms where this option is made available to you by Boost Safety & Workwear in the user interface. If you do not agree with the Terms, you must cease accessing and using the Boost Safety Website, and any use of the Website Services, immediately.
1.3. Incorporated on the Boost Safety Website are policies governing various matters (‘Policies’). Such Policies include but are not limited to Payment Options, Shipping & Delivery, Product Warranties, Returns & Refunds and Health Fund Claims. By placing an Order for Products or Services, this signifies that you have read, understood and agree to be bound by the Policies.
1.4. Where you have any dealings with Boost Safety & Workwear including placement of orders on the phone, via email or by the issue of a purchase order, these Terms apply. These Terms will also apply and override any purchase order terms and conditions which may be issued as part of a purchase order. By continuing dealings with Boost Safety & Workwear, this signifies that you have read, understood and agree to be bound by the Terms.
1.5. Boost Safety & Workwear reserves the right to review and change any of the Terms and/or Policies by updating this page or the Policy at its sole discretion. Any changes to the Terms and/or Policies take immediate effect from the date of their publication. Before you continue, we recommend you keep a copy of the Terms and Polices for your records.

2. Registration to use the Website Services

2.1. You can access the Website Services as a guest or by registering an account on the Boost Safety Website. As part of the registration process, or as part of your continued use of the Website Services, you may be required to provide personal information about yourself (such as identification or contact details), including:
2.1.1. Name
2.1.2. Business, Organisation or Government Department name
2.1.3. Address
2.1.4. Email address
2.1.5. Phone number
2.1.6. Username
2.1.7. Password
2.2. You warrant that any information you give to Boost Safety & Workwear in the course of completing the registration process will always be accurate, correct and up to date.
2.3. As a user (guest, registered account or otherwise) of the Boost Safety Website, (‘User’) you agree to be bound by the Terms and have access to the Website Services.
2.4. You may not use the Website Services and may not accept the Terms if:
2.4.1. you are not of legal age to form a binding contract with Boost Safety & Workwear; or
2.4.2. you are a person barred from receiving the Website Services under the laws of Australia or other countries including the country in which you are resident or from which you use the Website Services.

3. Your Obligations as a User

3.1. As a User, you agree to comply with the following:
3.1.1. you will use the Website Services only for purposes that are permitted by:
3.1.1.1. the Terms;
3.1.1.2. any applicable law, regulation or generally accepted practices or guidelines in the relevant jurisdictions;
3.1.2. you have the sole responsibility for protecting the confidentiality of your password and/or email address. Use of your password by any other person may result in the immediate cancellation of the Website Services;
3.1.3. any use of your registration information by any other person, or third parties, is strictly prohibited. You agree to immediately notify Boost Safety & Workwear of any unauthorised use of your password or email address or any breach of security of which you have become aware;
3.1.4. access and use of the Boost Safety Website is limited, non-transferable and allows for the sole use of the Boost Safety Website by you for the purposes of Boost Safety & Workwear providing the Website Services;
3.1.5. you will not use the Website Services or Boost Safety Website for any illegal and/or unauthorised use which includes collecting email addresses of Users by electronic or other means for any purposes including the purpose of sending unsolicited email or unauthorised framing of, or linking to the Boost Safety Website;
3.1.6. You agree that commercial advertisements, affiliate links, and other forms of solicitation may be removed from the Boost Safety Website without notice and may result in termination of the Website Services. Appropriate legal action will be taken by Boost Safety & Workwear for any illegal or unauthorised use of the Boost Safety Website; and
3.1.7. you acknowledge and agree that any automated use of the Boost Safety Website or its Website Services is prohibited.

4. Products, Pricing and Taxes

4.1. Prices for Products and Services are as shown on the Boost Safety Website.
4.2. Boost Safety & Workwear reserves the right to change the prices of Products and Services at any time without notice to you.
4.3. In Australia, all prices are displayed including GST.
4.4. Unless otherwise stated, all prices are quoted are in Australian Dollars.
4.5. For international Orders, Boost Safety & Workwear is not liable for any for any duties, import duties or foreign taxes that your country of residence may seek to impose on your Order. You are responsible for the payment of all duties, import duties and foreign taxes relating to your Order.

5. Orders

5.1. Representations of Products and Services for sale made by Boost Safety & Workwear via the Boost Safety Website do not constitute an offer to sell but an invitation to treat.
5.2. You can place an Order by selecting the Products and Services you would like to purchase, adding them to the shopping cart and completing all steps in the checkout.
5.3. An Order submitted by you is an offer by you to purchase the Products and Services for the price plus the Delivery Fee as shown at the time of submission of your Order and any applicable reasonable Additional Delivery Charge. Boost Safety & Workwear may, in its sole and absolute discretion, accept or reject any Order made by you for any reason (or no reason).
5.4. In using the Website Services to purchase Products and Services through the Boost Safety Website and by placing an Order, you agree to pay the purchase price listed on the Boost Safety Website for the Products and Services (‘Purchase Price’), any Delivery Fee and any reasonable Additional Delivery Charge.
5.5. When placing an Order via the Boost Safety Website, you will be taken to have communicated your offer to purchase the Products and Services only when:
5.5.1. any requirements set out in these Terms have been met;
5.5.2. the electronic instruction containing the Order from you enters and is recorded and stored in our database; and
5.5.3. unless you have an approved 30 Day Trading Account or previously agreed credit terms, Boost Safety & Workwear receives in its account full payment from you for the Order and confirmation of that payment is received by our database.
5.6. Boost Safety & Workwear will act on and process all completed electronic instructions transmitted or issued through the Boost Safety Website without further consent from or reference to you.
5.7. Boost Safety & Workwear will treat electronic instructions as authentic and is under no obligation to investigate the authenticity or authority of persons issuing or transmitting such electronic instructions, or to verify the accuracy and completeness of such electronic instructions.
5.8. Each Order that you place will, if accepted by Boost Safety & Workwear, be a separate and binding agreement between you and Boost Safety & Workwear with respect to the supply of the relevant Products and Services, in accordance with these Terms.
5.9. Once you have placed your Order, you cannot cancel or revoke your Order, unless expressly provided for in these Terms.
5.10. If your Order is not accepted by Boost Safety & Workwear, Boost Safety & Workwear will notify you and Boost Safety & Workwear will arrange for a refund of you Order.
5.11. If you place an Order for someone else to receive the Products and/or Services, you must obtain their consent before providing Boost Safety & Workwear with their personal information and by placing an Order, you confirm to Boost Safety & Workwear that you have done this.
5.12. Please ensure that you enter all information carefully when placing an Order. You warrant to Boost Safety & Workwear that all information provided by you in relation to each Order is complete, true and accurate.
5.13. Orders are not able to be changed or cancelled once the Order has been submitted and/or accepted by Boost Safety & Workwear. Boost Safety & Workwear will use reasonable endeavours to change or cancel the Order but makes no representation that it will be able to do so.

6. Prescription Eyewear

6.1. ‘Prescription Order’ means any Order for Prescription Products.
6.2. ‘Prescription Products’ means any Products which are required to be supplied or manufactured in accordance with an optical prescription from a qualified, registered medical practitioner or Optometrist including without limitation prescription spectacles, glasses, sunglasses, goggles, full face respirators and contact lenses. Prescription products do not include orders for readymade bifocals.
6.3. By placing a Prescription Order, you warrant, represent and undertake:
6.3.1. that you are not registered blind or registered partially sighted;
6.3.2. that you are in possession of a written prescription in respect of the Prescription Products that are the subject of the Prescription Order, and that such prescription has been given to you by a registered medical practitioner or registered Optometrist following a visual examination and that any recommended retest date has not elapsed;
6.3.3. to supply to Boost Safety & Workwear a copy of your original prescription (including your Pupillary Distance (PD) and any notes on the prescription) as well as contact details for your Optometrist by uploading them as part of your Prescription Order on the Boost Safety Website or by emailing them to Boost Safety & Workwear’s nominated email address;
6.3.4. your prescription is less than 24 months old for a Prescription Order containing prescription spectacles, glasses, sunglasses, goggles or full face respirators and less than 12 months old for a Prescription Order containing contact lenses;
6.3.5. if you are aged 70 or over, your prescription is less than 12 months old no matter what Prescription Products are contained in your Prescription Order;
6.3.6. if sending Boost Safety & Workwear your existing Prescription Products to be copied, the Prescription Products sent to Boost Safety & Workwear are made to your most current written prescription;
6.3.7. that you know of no reason why the Prescription Products may not be suitable for your requirements; and
6.3.8. if you have worn Prescription Products before and have experienced any problems with them, to provide Boost Safety & Workwear accurate and complete details of such problems.
6.4. you acknowledge and agree that, with respect to any Prescription Order, Boost Safety & Workwear’s Optometrists, Optical Dispensers and Optical Team members shall have absolute discretion:
6.4.1. to contact you to discuss your Prescription Order; or
6.4.2. to contact the registered medical practitioner or registered Optometrist who provided your prescription to verify and/or discuss your prescription.
6.5. If considered necessary or appropriate by one of Boost Safety & Workwear’s Optometrists, Optical Dispensers or Optical Team members, Boost Safety & Workwear may as a condition of acceptance of your Order:
6.5.1. request that you contact the registered medical practitioner or registered Optometrist who provided your prescription to verify and/or discuss your prescription;
6.5.2. request that you obtain your Pupillary Distance measurement from your registered medical practitioner or registered Optometrist; and/or
6.5.3. request that you obtain a new written prescription (if, by way of example only, the prescription provided with your Order contains a retest date that has elapsed).
6.6. The Prescription Products may contain written confirmation of the prescription of the Prescription Products supplied by Boost Safety & Workwear. If the prescription stated does not match your prescription, do not use the Prescription Products or any items accompanying the Prescription Products and please contact Boost Safety & Workwear immediately.
6.7. If you receive your Prescription Products and you cannot see out of the lenses correctly, do not use the Prescription Products and contact Boost Safety & Workwear immediately. Please also contact your Optometrist to discuss any eye health related issues you may be experiencing.

7. Payments

7.1. Boost Safety & Workwear offers a variety of payment options.
7.2. Payment of the Purchase Price may be made through Stripe, PayPal or other payment gateway (the ‘Payment Gateway Provider’). In using the Website Services, you warrant that you have familiarised yourself with, and agree to be bound by the applicable Terms of Use, Privacy Policy and other relevant legal documentation provided by the Payment Gateway Providers.
7.3. Boost Safety & Workwear has fraud detection processes in place and may ask you to provide additional information in accordance with its fraud detection processes.
7.4. Boost Safety & Workwear reserves the right to change the payment options that can be used for Orders at any time in its absolute discretion.
7.5. Boost Safety & Workwear may not be able to, or may decline to, accept payment from you by your nominated payment method at any time for any reason. Where this is the case, your Order will be placed on hold and Boost Safety & Workwear will contact you to ask you to provide additional information or arrange payment by another method. If you are unable to comply with Boost Safety & Workwear’s requests within the timeframe specified, Boost Safety & Workwear may cancel your Order.
7.6. Unless you have been approved for a 30 Day Trade Account, Products will not be dispatched and Services will not be provided until payment in full has cleared in Boost Safety & Workwear’s bank account.
7.7. If your payment cannot be processed, your Order may be rejected and Boost Safety & Workwear will notify you.

8. After you Have Submitted an Order

8.1. After your Order is submitted, you will be provided with an order confirmation page on the Boost Safety Website and an order number. Your order confirmation will also be emailed to you.
8.2. Once your Order is received by Boost Safety & Workwear, Boost Safety & Workwear will process your Order. Your Order is deemed to be accepted by Boost Safety & Workwear when Boost Safety & Workwear has processed your Order and marks your Order as complete.
8.3. When Boost Safety & Workwear accepts an Order, it represents an agreement by Boost Safety & Workwear to supply the Products and Services to you in accordance with these Terms.
8.4. Following Order acceptance and dispatch of your Products, Boost Safety & Workwear will email you with a confirmation of dispatch, a Tax Invoice for your Order and the tracking number from the Delivery Service Provider.
8.5. Boost Safety & Workwear reserves the right in its sole discretion to reject an Order or cancel an Order that it has previously accepted, at any time and for any reason (or no reason). Without limitation, for example, Boost Safety & Workwear may do this where:
8.5.1. the product is out of stock
8.5.2. Boost Safety & Workwear or its suppliers are unable to supply the Products or Services;
8.5.3. a Force Majeure event; or
8.5.4. Products or Services ordered were subject to an error on the Boost Safety Website which was not discovered prior to the Order being accepted, for example without limitation: incorrect description, price or image.
8.6. Where Boost Safety & Workwear cancels your Order after acceptance, Boost Safety & Workwear will notify you and refund any money paid in respect of that Order.
8.7. In some circumstances, Orders may be partially accepted and where this occurs, Boost Safety & Workwear will notify you and partially refund any money paid in respect of the Products or Services that couldn’t be supplied.

9. Availability of Products and Services

9.1. Boost Safety & Workwear does not guarantee the availability of Products and/or Services. From time to time, certain Products may be out of stock or unavailable and Services may not be able to be provided. Boost Safety & Workwear reserves the right to withdraw or suspend from sale any Products and/or Services displayed on the Boost Safety Website, either temporarily or permanently, at any time without notice to you.

10. Delivery

10.1. You acknowledge that the Website Services offered by Boost Safety & Workwear integrate delivery (the ‘Delivery Services’) through the use of third party delivery companies (the ‘Delivery Service Providers’).
10.2. In providing the Website Services, Boost Safety & Workwear may provide you with a variety of delivery and insurance options offered as part of the Delivery Services by the Delivery Service Providers. You acknowledge and agree that Boost Safety & Workwear is not the provider of these delivery and insurance options and merely facilitates your interaction with the Delivery Service Providers in respect to providing the Delivery Services.
10.3. In addition to the price of the Products and/or Services, you will also need to pay the advertised delivery fee (if any) (‘Delivery Fee’). Delivery Fees will appear in your shopping cart.
10.4. You may also need to pay any additional delivery charges which are not shown in your Shopping Cart where Boost Safety & Workwear will need to incur additional costs to have your Order delivered to you (‘Additional Delivery Charge’). Such charges may apply even where the item is shown on the Boost Safety Website as having “free delivery” or something similar. Where an Additional Delivery Charge will need to be charged, Boost Safety & Workwear will contact you before accepting your Order and provide you with a quote for the Additional Delivery Charge. If, within the timeframe specified, you do not agree to accept the Additional Delivery Charge, Boost Safety & Workwear will cancel your Order.
10.5. Where you place separate Orders, the Orders may be delivered separately and a separate Delivery Fee (and if applicable any Additional Delivery Charge) may apply to each Order. Boost Safety & Workwear in its sole discretion may consolidate separate Orders into one delivery where it is feasible to do so.
10.6. For Orders with multiple products, usually all Products will be dispatched in a single delivery however in some circumstances, Products may be dispatched in multiple deliveries.
10.7. In the event that an item is lost or damaged in the course of the Delivery Services, Boost Safety & Workwear asks that you:
10.7.1. contact the Delivery Service Provider directly to request a refund or to claim on any insurance options available; and
10.7.2. contact us by completing the contact form on our Contact Us page outlining in what way the Products were lost or damaged in transit so we are able to determine if the Delivery Service Provider should be removed from the Website Services.
10.8. You are not entitled to any refund or exchange just because any packaging is damaged in transit. The packaging exists to protect the Products themselves.
10.9. Please refer to Boost Safety & Workwear Shipping & Delivery webpage for further information regarding shipping and delivery options and information.

11. Risk & Title

11.1. Risk in Products passes to you:
11.1.1. when the Order is dispatched and provided to the Delivery Service Provider (if the Order is being shipped to you); or
11.1.2. when the Order is handed to you (if you are collecting the Products from our warehouse or purchasing at a retail outlet).
11.2. Property and title in Products and Services supplied to you under these Terms do not pass to you until all money (including money owing in respect of other transactions between Boost Safety & Workwear and you) due and payable to Boost Safety & Workwear by you has been paid in full and cleared in the Boost Safety & Workwear bank account.

12. Returns

12.1. Please refer to the Product Warranties, Returns and Refunds page for more information about returns.
12.2. If a return is to be made to Boost Safety & Workwear, customers are encouraged to use the original packaging where possible in order to avoid damage in transit; and all accessories supplied at the time of original purchase must be returned.
12.3. Should Products be returned to Boost Safety & Workwear which are damaged in any way (other than due to you originally receiving them in such state), Boost Safety & Workwear will not be liable in any way to process a refund. In such circumstance, Boost Safety & Workwear may charge you an additional delivery fee to return the damaged Products to you. Should you not pay the additional delivery fee, you will forfeit the Products.

13. Refunds

13.1. Where Boost Safety & Workwear is obliged to refund your payment pursuant to these Terms, Boost Safety & Workwear aims to initiate your refund within 10 business days. The time that it takes for you to actually receive your refund will depend upon how quickly financial institutions processes the refund.

14. Australian Warranty

14.1. The following warranty applies where your Order is subject to the Australian Consumer Law.
14.2. Boost Safety & Workwear’s Products come with warranties supplied by the products manufacturer. Boost Safety & Workwear will pass on all manufacturer’s warranties (the ‘Manufacturer’s Warranty’). You may make a claim under this clause (the ‘Manufacturer’s Warranty Claim’) for material defects and workmanship in the Products within the warranty period specified by the manufacturer of the Products calculated from the date of purchase (the ‘Manufacturer’s Warranty Period’).
14.3. Boost Safety & Workwear’s Products come with guarantees that cannot be excluded under the Australian Consumer Law. You are entitled to a replacement or refund for a major failure of the Product and compensation for any other reasonably foreseeable loss or damage. You are also entitled to have the Products repaired or replaced if the Products fail to be of acceptable quality and the failure does not amount to a major failure (the ‘Australian Warranty’). You may make a claim under this clause (the ‘Australian Warranty Claim’) for material defects and workmanship in the Products within the warranty period specified by the manufacturer of the Products calculated from the date of purchase (the ‘Australian Warranty Period’).
14.4. In order to make a Manufacturer’s Warranty Claim during the Manufacturer’s Warranty Period or an Australian Warranty Claim during the Australian Warranty Period, you must provide proof of purchase to Boost Safety & Workwear showing the date of purchase of the Products, provide a description of the Products and the price paid for the Products by sending written notice to Boost Safety & Workwear at PO BOX 3190 BELLEVUE HILL, New South Wales, 2023 or by submitting the information in the contact form on the Contact Us page.
14.5. Where the Manufacturer’s Warranty Claim or Australian Warranty Claim is accepted by the manufacturer and/or Boost Safety & Workwear, then Boost Safety & Workwear will, at its sole discretion, either repair or replace any defective Products or part thereof with a new or remanufactured equivalent during the Manufacturer’s Warranty Period or Australian Warranty Period at no charge to you for parts or labour. You acknowledge and agree that you will be solely liable for any postage or shipping costs incurred in facilitating the Manufacturer’s Warranty Claim or Australian Warranty Claim.
14.6. The Manufacturer’s Warranty and/or Australian Warranty shall be the sole and exclusive warranties granted by Boost Safety & Workwear and shall be the sole and exclusive remedies available to you in addition to other rights and under a law in relation to the Products to which this warranty relates.
14.7. All implied warranties including the warranties of merchantability and fitness for use are limited to the Manufacturer’s Warranty Period or Australian Warranty Period.
14.8. The Manufacturer’s Warranty and Australian Warranty do not apply to any appearance of the supplied Products nor to the additional excluded items set forth below nor to any supplied Products where the exterior of which has been damaged or defaced, which has been subjected to misuse, abnormal service or handling, or which has been altered or modified in design or construction.

15. International Warranty

15.1. The following warranty applies where your Order is not subject to the Australian Consumer Law.
15.2. Boost Safety & Workwear’s Products come with warranties supplied by the products manufacturer. Boost Safety & Workwear will pass on all manufacturer’s warranties (the ‘Manufacturer’s Warranty’). You may make a claim under this clause (the ‘Manufacturer’s Warranty Claim’) for material defects and workmanship in the Products within the warranty period specified by the manufacturer of the Products calculated from the date of purchase (the ‘Manufacturer’s Warranty Period’).
15.3. In order to make a Manufacturer’s Warranty Claim during the Manufacturer’s Warranty Period, you must provide proof of purchase to Boost Safety & Workwear showing the date of purchase of the Products, provide a description of the Products and the price paid for the Products by submitting the information in the contact form on the Contact Us page.
15.4. Where the Manufacturer’s Warranty Claim is accepted by the manufacturer, then Boost Safety & Workwear will, at its sole discretion, either repair or replace any defective Products or part thereof with a new or remanufactured equivalent during the Manufacturer’s Warranty Period at no charge to you for parts or labour. You acknowledge and agree that you will be solely liable for any postage or shipping costs incurred in facilitating the Manufacturer’s Warranty Claim.
15.5. The Manufacturer’s Warranty shall be the sole and exclusive warranty granted by Boost Safety & Workwear and shall be the sole and exclusive remedy available to you in addition to other rights and under a law in relation to the Products to which this warranty relates.
15.6. All implied warranties including the warranties of merchantability and fitness for use are limited to the Manufacturer’s Warranty Period.
15.7. The Manufacturer’s Warranty does not apply to any appearance of the supplied Products nor to the additional excluded items set forth below nor to any supplied Products where the exterior of which has been damaged or defaced, which has been subjected to misuse, abnormal service or handling, or which has been altered or modified in design or construction.

16. Copyright and Intellectual Property

16.1. The Boost Safety Website, the Website Services and all of the related products and services of Boost Safety & Workwear are subject to copyright. The material on the Boost Safety Website is protected by copyright under the laws of Australia and through international treaties. Unless otherwise indicated, all rights (including copyright) in the site content and compilation of the website (including text, graphics, logos, button icons, video images, audio clips and software) (the ‘Content’) are owned or controlled for these purposes, and are reserved by Boost Safety & Workwear or its contributors.
16.2. Boost Safety & Workwear retains all rights, title and interest in and to the Boost Safety Website and all related content. Nothing you do on or in relation to the Boost Safety Website will transfer to you:
16.2.1. the business name, trading name, domain name, trade mark, industrial design, patent, registered design or copyright of Boost Safety & Workwear; or
16.2.2. the right to use or exploit a business name, trading name, domain name, trade mark or industrial design; or
16.2.3. a system or process that is the subject of a patent, registered design or copyright (or an adaptation or modification of such a system or process).
16.3. You may not, without the prior written permission of Boost Safety & Workwear and the permission of any other relevant rights owners: broadcast, republish, upload to a third party, transmit, post, distribute, show or play in public, adapt or change in any way the Content or third party content for any purpose. This prohibition does not extend to materials on the Boost Safety Website, which are freely available for re-use or are in the public domain.

17. Privacy

17.1. Boost Safety & Workwear takes your privacy seriously and any information provided through your use of the Boost Safety Website and/or the Website Services are subject to Boost Safety & Workwear’s Privacy Policy, which is available on the Boost Safety Website.

18. Functions, Events, Offers & Competitions

18.1. Boost Safety & Workwear may promote, advertise or sponsor functions, events, offers, competitions or other activities which may be conducted online or offline and which may be conducted by third parties. These activities may be subject to separate terms and conditions. You participate in any such activities entirely at your own risk. Boost Safety & Workwear does not accept any responsibility in connection with your participation in activities conducted by any other party.

19. Promotional & Discount Codes

19.1. You may receive offers and promotions, distributed with your Order, mailed to you, emailed to you or supplied to you by Boost Safety & Workwear or third parties in other ways (‘Offers and Promotions’).
19.2. Some Offers and Promotions may include a code for use when placing an Order (‘Promo Code’).
19.3. It is your responsibility to ensure that the Promo Code is valid, and that you enter the Promo Code at the time of placing an Order. The Promo Code cannot be applied after you have submitted your Order.
19.4. Any Promo Code is non-transferable, cannot be distributed or posted on a forum or website and may not be used with other Offers and Promotions.
19.5. Certain Promo Codes and offers are subject to separate and/or additional terms. You should read the applicable terms carefully.

20. Website Content

20.1. Product descriptions, articles, blog posts, content and information published on the Boost Safety Website are provided for general information purposes only. The Product descriptions, articles, blog posts, content and information are current at the time of first publication. The product descriptions, articles, blog posts, content and information published on the Website is not legal or professional advice or intended to be comprehensive. You are responsible for determining the validity, quality and relevance of any product descriptions, articles, blog posts, content and information assessed; and to take appropriate independent advice before acting or relying on any of the product descriptions, articles, blog posts, content and information on the Boost Safety Website. You should report to Boost Safety & Workwear any error or omission in any product descriptions, articles, blog posts, content and information.
20.2. The Boost Safety Website may feature or display third party advertising or content. By featuring or displaying such advertising or content, Boost Safety & Workwear does not in any way represent that Boost Safety & Workwear recommends or endorses the relevant advertiser, its products or services.

21. User-Generated Content

21.1. Certain parts of the Boost Safety Website may allow you to submit materials including user reviews, ratings, forums, and the ability to interact with other Users which can be accessed and viewed by the public (‘User-Generated Content’). By using these features, you acknowledge and agree that:
21.1.1. you will only publish User-Generated Content that is your original content, or where the content is adapted from existing content you have obtained all consents and licenses from third parties necessary for the submission and display of your User-Generated Content and the submission and display of your User-Generated Content is not in breach of any third party’s rights or any applicable laws;
21.1.2. Boost Safety & Workwear has no obligation to monitor User-Generated Content but may do so and may edit, amend, not approve or remove User-Generated Content in its absolute discretion without notice to you;
21.1.3. you will not post, link to or otherwise publish any User-Generated Content containing any form of advertising or promotion for products and services or any spam or other form of unsolicited communication;
21.1.4. you will not post or transmit any User-Generated Content that contains software viruses, files or code designed to interrupt, destroy or limit the functionality of the Boost Safety Website or any computer software or equipment;
21.1.5. your User-Generated Content shall not contain material that any reader may find offensive, in appropriate, abusive or indecent or otherwise unlawful and will not promote pyramid schemes or chain letters;
21.1.6. you grant a worldwide, non-exclusive, royalty-free and perpetual license to Boost Safety & Workwear to use and display your User-Generated Content on the Boost Safety Website, without any compensation or obligation to you; and
21.1.7. Boost Safety & Workwear does not necessarily endorse, support, sanction, encourage, verify or agree with any User-Generated Content, comments, opinions or statements posted by you or any users or members on the Boost Safety Website. Any information or material placed online by you or Users, including advice or opinions, is the view and responsibility of you or those users and does not necessarily represent our views.
21.1.8. Boost Safety & Workwear has no responsibility for your User-Generated Content and you agree to indemnify Boost Safety & Workwear from and against any and all claims, losses, liabilities, damages, costs, charges and expenses that may be incurred by Boost Safety & Workwear arising out, or in connection with, your User-Generated Content.

22. Social Media

22.1. Boost Safety & Workwear uses a number of social media sites including Facebook, LinkedIn, Instagram and YouTube, which may change over time. Boost Safety & Workwear reserves the right to cease any such sites in its discretion.
22.2. Third party social media sites will also be governed by their own particular terms of use.
22.3. Boost Safety & Workwear does not necessarily endorse, support, sanction, encourage, verify or agree with any comments, opinions or statements posted by you or any users or members on Boost Safety & Workwear’s social media sites. Any information or material placed online by you or users, including advice or opinions, is the view and responsibility of you or those users and does not necessarily represent our views.
22.4. You must not post or upload any comment, content or link to the sites or Boost Safety & Workwear’s social media sites which does not comply with these Terms, including if it is defamatory, harassing, bullying, indecent or inflammatory.
22.5. You must not post or upload any comment, content or link to Boost Safety & Workwear’s social media sites containing any form of advertising or promotion for Products and services or any spam or other form of unsolicited communication;
22.6. You must not post or upload any comment, content or link to Boost Safety & Workwear’s social media sites that contains software viruses, files or code designed to interrupt, destroy or limit the functionality of the Boost Safety Website, Boost Safety & Workwear’s social media sites or any computer software or equipment;
22.7. You must not post or upload any comment, content or link to Boost Safety & Workwear’s social media sites that any reader may find offensive, in appropriate, abusive or indecent or otherwise unlawful and will not promote pyramid schemes or chain letters;
22.8. Boost Safety & Workwear may moderate your or other users, user-posted content and may remove any content that, in Boost Safety & Workwear’s opinion, is inappropriate. While Boost Safety & Workwear reviews content regularly, there may be times when inappropriate content is viewable before it can be removed.
22.9. Boost Safety & Workwear does not undertake to inform you or other users when such content has been moderated or removed. Boost Safety & Workwear may provide warnings, or otherwise block or suspend users or their accounts in our sole discretion.
22.10. Where you post or submit content to one of Boost Safety & Workwear’s social media sites, you warrant that you:
22.10.1. have the permission of the person/s appearing in the content to submit it to the site, and for them and their image or likeness to used by Boost Safety & Workwear and be subject to these Terms and Boost Safety & Workwear’s Privacy Policy;
22.10.2. have the right to submit the content (including copyright);
22.10.3. the content is your own original creation; and
22.10.4. that you unconditionally and irrevocably consent to any act or omission which might infringe any moral rights you may have in the content (as defined in the Copyright Act 1968 (Cth)).
22.11. Boost Safety & Workwear may copy, reproduce, publish, display, alter, or distort your or other user submitted content, and use it for any purpose, (including but not limited to, any future promotions or campaigns involving Boost Safety & Workwear) at any time in the future, and via any media.
22.12. Boost Safety & Workwear does not accept any responsibility or liability where content is downloaded from the sites, nor in relation to any matters after such download. Third parties may comment on, link to, re-post, or otherwise deal with the user submitted content once it is submitted, and Boost Safety & Workwear does not accept any liability for such actions.
22.13. Any personal information you provide about yourself, or the person/s appearing in user submitted content, may be used by Boost Safety & Workwear for research and marketing activities (including informing you about special offers from Boost Safety & Workwear, and to become part of databases maintained by Boost Safety & Workwear or its associated entities) in accordance with Boost Safety & Workwear’s Privacy Policy.

22.14. Third Party Websites

22.15. The Boost Safety Website may from time to time have links to other websites not owned or controlled by us. These links are meant for your convenience only. Links to third party websites do not constitute sponsorship, endorsement or approval of these websites by Boost Safety & Workwear.
22.16. Please be aware that Boost Safety & Workwear is not responsible for the privacy practises of such other websites. We encourage our users to be aware, when they leave the Boost Safety Website, to read the terms and privacy statements of each website.
22.17. Boost Safety & Workwear reserves the right to prevent third parties from linking to the Boost Safety Website.

23. General Disclaimer

23.1. You acknowledge that Boost Safety & Workwear does not make any terms, guarantees, warranties, representations or conditions whatsoever regarding the Products and Services other than provided for pursuant to these Terms.
23.2. Boost Safety & Workwear will make every effort to ensure Products and Services are accurately depicted on the Boost Safety Website, however, you acknowledge for Products that sizes, colours and packaging may differ from what is displayed on the Boost Safety Website.
23.3. Nothing in these Terms limits or excludes any guarantees, warranties, representations or conditions implied or imposed by law, including the Australian Consumer Law (or any liability under them) which by law may not be limited or excluded.
23.4. Subject to this clause, and to the extent permitted by law:
23.4.1. all terms, guarantees, warranties, representations or conditions which are not expressly stated in these Terms are excluded; and
23.4.2. Boost Safety & Workwear will not be liable for any special, indirect or consequential loss or damage (unless such loss or damage is reasonably foreseeable resulting from our failure to meet an applicable Consumer Guarantee), loss of profit or opportunity, or damage to goodwill arising out of or in connection with the Website Services or these Terms (including as a result of not being able to use the Website Services or the late supply of the Website Services), whether at common law, under contract, tort (including negligence), in equity, pursuant to statute or otherwise.
23.5. Use of the Boost Safety Website, the Website Services, and any of the Products and Services of Boost Safety & Workwear (including the Delivery Services), is at your own risk. Everything on the Boost Safety Website, the Website Services, and the Products and Services of Boost Safety & Workwear, are provided to you on an “as is” and “as available” basis, without warranty or condition of any kind. None of the affiliates, directors, officers, employees, agents, contributors, third party content providers or licensors of Boost Safety & Workwear including any third party where the Delivery Services are made available to you) make any express or implied representation or warranty about its Content or any Products, Services or Website Services (including the Products, Services and Website Services of Boost Safety & Workwear) referred to on the Boost Safety Website. This includes (but is not restricted to) loss or damage you might suffer as a result of any of the following:
23.5.1. failure of performance, error, omission, interruption, deletion, defect, failure to correct defects, delay in operation or transmission, computer virus or other harmful component, loss of data, communication line failure, unlawful third party conduct, or theft, destruction, alteration or unauthorised access to records;
23.5.2. the transmission of an electronic instruction through the Website, or any failure for Boost Safety & Workwear to receive an electronic instruction from you for whatever reason;
23.5.3. any failure to complete a transaction, or any loss arising from e-commerce transacted on the Boost Safety Website;
23.5.4. your Order information being incomplete or inaccurate;
23.5.5. unavailability of any Products and/or Services at any time;
23.5.6. delay, rejection or cancellation of your Order;
23.5.7. your Prescription Products being unsuitable for you or you being unable to use Prescription Products due to no fault of Boost Safety & Workwear;
23.5.8. fraudulent or unauthorised use of your debit card, credit card, PayPal account or other financial services payment account on the Boost Safety Website by a third party;
23.5.9. the accuracy, suitability or currency of any product descriptions, articles, blog posts, videos, images, content and information published on the Boost Safety Website, the Purchase Services, or any of its Content related products (including third party material and advertisements on the Boost Safety Website);
23.5.10. costs incurred as a result of you using the Boost Safety Website, the Website Services or any of the Products and/or Services;
23.5.11. the Content or operation in respect to links which are provided for the User’s convenience; or
23.5.12. any defamatory, threatening, offensive or unlawful conduct of third parties or publication of any materials relating to or constituting such conduct.

24. Limitation of Liability

24.1. Boost Safety & Workwear’s total liability arising out of or in connection with the Website Services or these Terms, however arising, including under contract, tort (including negligence), in equity, under statute or otherwise, will not exceed the most recent Purchase Price paid by you under these Terms or where you have not paid the Purchase Price, then the total liability of Boost Safety & Workwear is the resupply of information or Website Services to you.
24.2. You expressly understand and agree that Boost Safety & Workwear, its affiliates, employees, agents, contributors, third party content providers and licensors shall not be liable to you for any direct, indirect, incidental, special consequential or exemplary damages which may be incurred by you, however caused and under any theory of liability. This shall include, but is not limited to, any loss of profit (whether incurred directly or indirectly), any loss of goodwill or business reputation and any other intangible loss.
24.3. Boost Safety & Workwear is not responsible or liable in any manner for any site content (including product descriptions, articles, blog posts, videos, images, content, information, the Content and Third Party Content) posted on the Boost Safety Website or in connection with the Website Services, whether posted or caused by users of the website of Boost Safety & Workwear, by third parties or by any of the Website Services offered by Boost Safety & Workwear.
24.4. You acknowledge that Boost Safety & Workwear does not provide the Delivery Services to you and you agree that Boost Safety & Workwear will not be liable to you for any special, indirect or consequential loss or damage, loss of profit or opportunity, or damage to goodwill arising out of or in connection with the Delivery Services.

25. Termination of Contract

25.1. The Terms will continue to apply until terminated by either you or by Boost Safety & Workwear as set out below.
25.2. If you want to terminate the Terms, you may do so by:
25.2.1. notifying Boost Safety & Workwear at any time and ceasing to access, use and place Orders on the Boost Safety Website; and
25.2.2. closing your accounts for all of the Website Services which you use, where Boost Safety & Workwear has made this option available to you.
25.3. Your notice should be sent, in writing, to Boost Safety & Workwear by completing the contact form on our Contact Us page.
25.4. Boost Safety & Workwear may at any time, terminate the Terms with you if:
25.4.1. you have breached any provision of the Terms or intend to breach any provision;
25.4.2. Boost Safety & Workwear is required to do so by law;
25.4.3. the partner with whom Boost Safety & Workwear offered the Website Services to you has terminated its relationship with Boost Safety & Workwear or ceased to offer the Website Services to you;
25.4.4. Boost Safety & Workwear is transitioning to no longer providing the Website Services to Users in the country in which you are resident or from which you use the service; or
25.4.5. the provision of the Website Services to you by Boost Safety & Workwear is, in the opinion of Boost Safety & Workwear, no longer commercially viable.
25.5. Boost Safety & Workwear reserves the right to discontinue or cancel your access and use of the Boost Safety Website at any time and may suspend or deny, in its sole discretion, your access to all or any portion of the Boost Safety Website or the Website Services without notice for any reason (or no reason) including without limitation if you breach any provision of the Terms or any applicable law or if your conduct impacts Boost Safety & Workwear’s name or reputation or violates the rights of those of another party.
25.6. When the Terms come to an end, all of the legal rights, obligations and liabilities that you and Boost Safety & Workwear have benefited from, been subject to (or which have accrued over time whilst the Terms have been in force) or which are expressed to continue indefinitely, shall be unaffected by this cessation, and the provisions of this clause shall continue to apply to such rights, obligations and liabilities indefinitely.

26. Indemnity

26.1. You agree to indemnify Boost Safety & Workwear, its affiliates, directors, employees, agents, contributors, third party content providers and licensors from and against any direct or indirect consequences and all actions, suits, claims, demands, liabilities, costs, expenses, loss and damage (including legal fees on a full indemnity basis) incurred, suffered or arising out of or in connection with:
26.1.1. any content you post on the Boost Safety Website;
26.1.2. any content you post on the Boost Safety & Workwear social media sites;
26.1.3. you accessing, using or transacting on the Boost Safety Website, use of the Website Services, or attempts to do so; and/or
26.1.4. any breach of the Terms by you or your agents.

27. Dispute Resolution

27.1. If a dispute arises out of or relates to the Terms, either party may not commence any Tribunal or Court proceedings in relation to the dispute, unless the following clauses have been complied with (except where urgent interlocutory relief is sought).
27.2. A party to the Terms claiming a dispute (‘Dispute’) has arisen under the Terms, must give written notice to the other party detailing the nature of the dispute, the desired outcome and the action required to settle the Dispute.
27.3. On receipt of that notice (‘Notice’) by that other party, the parties to the Terms (‘Parties’) must within 28 days of the Notice endeavour in good faith to resolve the Dispute expeditiously by negotiation or such other means upon which they may mutually agree;
27.4. All communications concerning negotiations made by the Parties arising out of and in connection with this dispute resolution clause are confidential and to the extent possible, must be treated as “without prejudice” negotiations for the purpose of applicable laws of evidence.

28. Assignment

28.1. Boost Safety & Workwear may assign all or any of its rights under or in respect of the Boost Safety Website, the Website Services and/or these Terms including granting security interests in all or any of its rights.

29. Entire Agreement

29.1. These Terms contain the entire agreement between Boost Safety & Workwear and you and supersedes all prior discussions, representations, agreements and understandings between Boost Safety & Workwear and you in connection with our dealings.

30. Force Majeure

30.1. (‘Force Majeure’) means any event or circumstance not within the control of the party claiming Force Majeure, and which, by exercise of reasonable diligence, that party was and is not reasonably able to prevent or overcome, including:
30.1.1. an act of G-d;
30.1.2. a transport interruption;
30.1.3. a strike, lock out or other industrial disturbance;
30.1.4. an act of an enemy or terrorist, including war, blockade or insurrection;
30.1.5. an act of any third party, including any accidental or malicious act, or vandalism;
30.1.6. a pandemic (whether declared or not)
30.1.7. a power failure
30.1.8. a failure of computer systems
30.1.9. a riot or civil disturbance; or
30.1.10. an authority’s delay in giving any necessary approval.
30.2. If a party by reason of Force Majeure is unable to perform or carry out any obligation under these Terms, then that obligation is suspended for so long and to the extent that it is affected by the Force Majeure. This clause does not apply to any obligation to make a payment. In that case, the affected party must give notice to the other party with reasonable particulars including, so far as it is known, the probable extent to which the party will be unable to perform or carry out or will be delayed in performing or carrying out its obligations. A party is not liable for any failure or delay in the performance of any of its obligations under these Terms to the extent that the failure or delay is attributable to Force Majeure, regardless of the length of time for which the Force Majeure continues. For the avoidance of doubt, it is noted that a party to these Terms may still suffer damage which that party may seek to recover from a third party, due to a failure or delay in the performance of an obligation under these Terms by a party to these Terms, attributable to circumstances amounting to Force Majeure which involve the third party.

31. Governing Law

31.1. The Terms are governed by the laws of New South Wales, Australia. Any dispute, controversy, proceeding or claim of whatever nature arising out of or in any way relating to the Terms and the rights created hereby shall be governed, interpreted and construed by, under and pursuant to the laws of New South Wales Australia, without reference to conflict of law principles, notwithstanding mandatory rules. The validity of this governing law clause is not contested. The Terms shall be binding to the benefit of the parties hereto and their successors and assigns.

32. Independent Legal Advice

32.1. Both parties confirm and declare that the provisions of the Terms are fair and reasonable and both parties having taken the opportunity to obtain independent legal advice and declare the Terms are not against public policy on the grounds of inequality or bargaining power or general grounds of restraint of trade.

33. Operation of Indemnities

33.1. References to indemnify and indemnifying any person against any circumstance, include indemnifying from all actions and claims from time to time made against or concerning that person, and all liabilities, loss, damage and all payments, costs and expenses made or incurred by that person, as a consequence of or which would not have arisen but for that circumstance.
33.2. Each indemnity in these Terms is a continuing obligation, separate and independent from the other obligations of the parties under these Terms and continues after the expiry or termination of these Terms.
33.3. It is not necessary for a party to incur an expense or make a payment before enforcing a right of indemnity conferred by these Terms.
33.4. Nothing in these Terms restricts a party from claiming against another party for breach of warranty or breach of contract and under any indemnity, or concurrently for both breach of warranty or breach of contract and for indemnity.
33.5. A party may exercise and exhaust all remedies against another party for breach of warranty or breach of contract and for indemnity, without being required to elect between rights and remedies.

34. Other Rights

34.1. The rights, powers, remedies and privileges provided in these Terms are cumulative, and are not exclusive of any other rights, powers, remedies and privileges provided by law, except as may be expressly stated otherwise in these Terms.

35. Severance

35.1. If any part of these Terms is found to be void or unenforceable by a Court of competent jurisdiction, that part shall be severed and the rest of the Terms shall remain in force.

36. Venue and Jurisdiction

36.1. In the event of any dispute arising out of or in relation to the Terms or the Boost Safety Website, you agree that the exclusive venue for resolving any dispute shall be in the courts of New South Wales, Australia.

37. Waiver

37.1. No failure, delay, relaxation or indulgence on the part of a party in exercising any right, power, privilege or remedy in connection with these Terms, operates as a waiver of that right, power, privilege or remedy nor does any single or partial exercise of any right, power, privilege or remedy preclude any other or further exercise of that or any other right, power, privilege or remedy. A waiver is not valid or binding on the party granting that waiver unless in writing and duly signed on behalf of that party.

38. Interpretation

38.1. In the interpretation and application of these Terms, unless the context otherwise requires:
38.1.1. in calculating any period of time commencing from a particular day, the period commences on the following day and the following day counts as part of that period;
38.1.2. where an expression, word or phrase is given a particular meaning, then other parts of speech based on that expression, word or phrase and other grammatical forms of that expression, word or phrase, have corresponding meanings;
38.1.3. the rule of interpretation which sometimes requires that a document be interpreted to the disadvantage of the party which put the document forward, does not apply;
38.1.4. a reference to these Terms or any other agreement, arrangement or document, includes any variation, novation, supplementation or replacement of them;
38.1.5. where an expression is defined anywhere in these Terms, it has the same meaning throughout;
38.1.6. a reference to any gender includes all genders;
38.1.7. headings are for convenience of reference only and do not affect interpretation;
38.1.8. a mention of anything after include, includes or including, does not limit what else might be included;
38.1.9. if an example is given of anything, including an example of a right, obligation or concept, the example does not limit the scope of that thing;
38.1.10. a reference to any legislation or legislative provision includes any statutory modification or re-enactment of, or legislative provision substituted for, and also any subordinate legislation issued under, that legislation or legislative provision;
38.1.11. unless otherwise specified, a reference to dollars or $ is to an amount in Australian currency;
38.1.12. the singular includes the plural and vice versa;
38.1.13. a reference to any party to these Terms or to any other document or arrangement, includes that party’s legal personal representatives, substitutes (including, without limitation, any person taking by novation), successors and permitted assigns;
38.1.14. a reference to a person includes a body corporate, partnership, joint venture, incorporated or unincorporated association, authority, state, government, or government or quasi-government body;
38.1.15. a reference to anything (including any amount) is a reference to the whole or any part of it (except that nothing in this provision excuses a party from performing the whole of an obligation just because they have performed part of the obligation); and
38.1.16. an agreement, undertaking, representation or warranty by or in favour of two or more persons, binds or is for the benefit of all of them jointly and each of them individually.

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