Terms & Conditions
1. About the Website
- Welcome to Bait Bomb (the ‘Website‘). The Website provides you with an opportunity to browse and purchase various products that have been listed for sale through the Website (the ‘Products ‘). In addition to free content, the Website may also provide you access to content for which registration may be required; also other services such as the collection of payments (the ‘Services‘).
- The Website is operated by Bait Bomb. Access to and use of the Website, or any of its associated Products or Services, is provided by Bait Bomb. Please read these terms and conditions (the ‘Terms ‘) carefully. By using, browsing or reading the Website, this signifies that you have read, understood and agree to be bound by the Terms. If you do not agree with the Terms, you must cease usage of the Website, or any of Services, immediately.
- Bait Bomb reserves the right to review and change any of the Terms by updating this page at its sole discretion. Any changes to the Terms take effect from the date provided or, if there is no date provided, immediately on the date of their publication. Before you continue, we recommend you keep a copy of the Terms for your records.
2. Acceptance of the Terms
- You accept the Terms by remaining on the Website. You may also accept the Terms by clicking to accept or agree to the Terms where this option is made available to you by Bait Bomb in the user interface.
- Some Services may require you to first register as a user of the Website or you may choose to do so without using such Services. As part of the registration process, or as part of your continued use of these Services, you may be required to provide personal information about yourself (such as identification or contact details), including:
(i) Email address
(ii) Preferred username
(iii) Mailing address
(iv) Telephone number
(vi) Credit Card or other payment details
- You warrant that any information you give to Bait Bomb in the course of completing the registration process will always be accurate, correct and up to date.
- Once you have completed the registration process, you will be a registered member of the Website (‘Member ‘) and agree to be bound by the Terms. As a Member you will be granted immediate access to these Services which are only available to Members.
- You may not use the Services and may not accept the Terms if:
(a) you are not of legal age to form a binding contract with Bait Bomb; or
(b) you are a person barred from receiving the Services under the laws of Australia or other countries including the country in which you are resident or from which you use the Services.
4. Your obligations as a Member
- As a Member, you agree to comply with the following: You will use the Services only for purposes that are permitted by:
(i) the Terms;
(ii) any applicable law, regulation or generally accepted practices or guidelines in the relevant jurisdictions;
(iii) 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 Services;
(iv) any use of your registration information by any other person, or third parties, is strictly prohibited. You agree to immediately notify Bait Bomb of any unauthorised use of your password or email address or any breach of security of which you have become aware;
(v) access and use of the Website is limited, non-transferable and allows for the sole use of the Website by you for the purposes of Bait Bomb providing the Services;
(vi) you will not use the Services or Website for any illegal and/or unauthorised use which includes collecting email addresses of Members by electronic or other means for the purpose of sending unsolicited email or unauthorised framing of or linking to the Website;
(vii) you agree that commercial advertisements, affiliate links, and other forms of solicitation may be removed from the Website without notice and may result in termination of the Services. Appropriate legal action will be taken by Bait Bomb for any illegal or unauthorised use of the
(viii) you acknowledge and agree that any automated use of the Website or its Services is prohibited.
5. Purchase and use of Products
- When purchasing Products through the Website, you agree to the payment of the purchase price listed on the Website for the Product (the ‘Purchase Price‘).
- Following payment of the Purchase Price being confirmed by Bait Bomb, you will be issued with a receipt to confirm that the payment has been received and Bait Bomb may record your purchase details for future use.
- Any videos showing or depicting the use of any Product are for demonstration purposes and there is no guarantee they will produce the same results for you as in the video or any results at all.
- We do not guarantee that use of the Bait Bomb will result in you actually catching anything as there are material dependencies such as, but not limited to, the bait used, the experience of the person using the Product and the location of its use.
6. Copyright and Intellectual Property
The Website, the Services and all of the related products of Bait Bomb by Nollsie are subject to copyright. The material on the 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 Bait Bomb by Nollsie or its contributors.
Bait Bomb by Nollsie retains all rights, title and interest in and to the Website and all related content. Nothing you do on or in relation to the Website will transfer to you:
(a) the business name, trading name, domain name, trade mark, industrial design, patent, registered design or copyright of Bait Bomb by Nollsie; or
(b) the right to use or exploit a business name, trading name, domain name, trade mark or industrial design; or
(c) 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).
You may not, without the prior written permission of Bait Bomb by Nollsie and the permission of any other relevant rights owners: broadcast, republish, up-load 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 Website, which are freely available for re-use or are in the public domain.
7. General disclaimer
You acknowledge that Bait Bomb does not make any terms, guarantees, warranties, representations or conditions whatsoever regarding the Products other than provided for pursuant to these Terms.
Bait Bomb will make every effort to ensure a Product is accurately depicted on the Website, however, you acknowledge that sizes, colours and packaging may differ from what is displayed on the Website.
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.
Subject to this clause, and to the extent permitted by law:
(i) all terms, guarantees, warranties, representations or conditions which are not expressly stated in these Terms are excluded; and
(ii) Bait Bomb 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 Services or these Terms (including as a result of not being able to use the Services or the late supply of the Services), whether at common law, under contract, tort (including negligence), in equity, pursuant to statute or otherwise.
Use of the Website, the Services, and any of the products of Bait Bomb (including the Delivery Services), is at your own risk. Everything on the Website, the Services, and the Products of Bait Bomb, 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 Bait Bomb including any third party service provider make any express or implied representation or warranty about its Content or any products or Services (including the products or Services of Bait Bomb) referred to on the Website. This includes (but is not restricted to) loss or damage you might suffer as a result of any of the following:
(i) 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;
(ii) the accuracy, suitability or currency of any information on the Website, the Purchase Service, or any of its Content related products (including third party material and advertisements on the Website);
(iii) costs incurred as a result of you using the Website, the Services or any of the Products;
(iv) the Content or operation in respect to links which are provided for the User’s convenience;
(v) any failure to complete a transaction, or any loss arising from e-commerce transacted on the Website; or
(vi) any defamatory, threatening, offensive or unlawful conduct of third parties or publication of any materials relating to or constituting such conduct.
8. Limitation of Liability
Bait Bomb’s total liability arising out of or in connection with the 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 Bait Bomb is the resupply of information or Services to you.
You expressly understand and agree that Bait Bomb, 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.
Bait Bomb is not responsible or liable in any manner for any site content (including the Content and Third Party Content) posted on the Website or in connection with the Services, whether posted or caused by users of the website of Bait Bomb, by third parties or by any of the Services offered by Bait Bomb by Nollsie.
You acknowledge that Bait Bomb does not provide the Delivery Services to you and you agree that Bait Bomb 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.
9. Termination of Contract
The Terms will continue to apply until terminated by either you or by Bait Bomb as set out below.
If you want to terminate the Terms related to your Membership, you may do so by:
(i) notifying Bait Bomb at any time; and
(ii) closing your accounts for all of the Services which you use, where Bait Bomb has made this option available to you.
Your notice should be sent in writing to email@example.com.
Bait Bomb may at any time, terminate the Terms with you if:
(i) you have breached any provision of the Terms or intend to breach any provision;
(ii) Bait Bomb is required to do so by law;
(iii) the partner with whom Bait Bomb offered the Services to you has terminated its relationship with Bait Bomb or ceased to offer the Services to you;
(iv) Bait Bomb is transitioning to no longer providing the Services to Users in the country in which you are resident or from which you use the service; or
(v) the provision of the Services to you by Bait Bomb is, in the opinion of Bait Bomb, no longer commercially viable.
Subject to local applicable laws, Bait Bomb reserves the right to discontinue or cancel your membership to the Website at any time and may suspend or deny, in its sole discretion, your access to all or any portion of the Website or the Services without notice if you breach any provision of the Terms or any applicable law or if your conduct impacts Bait Bomb’s name or reputation or violates the rights of those of another party.
When the Terms come to an end, all of the legal rights, obligations and liabilities that you and Bait Bomb 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.
You agree to indemnify Bait Bomb, its affiliates, employees, agents, contributors, third party content providers and licensors from and against:
(i) 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 any Content you post through the Website;
(ii) any direct or indirect consequences of you accessing, using or transacting on the Website or attempts to do so and any breach by you or your agents of these Terms; and/or
(iii) any breach of the Terms.
11. Dispute Resolution
The parties agree that any and all disputes arising out of or in relation to these Terms will be settled by and only by mediation by the Australian Disputes Centre (https://disputescentre.com.au/) using their then current process.
Where the parties are unable to settle a dispute arising out of or in relation to these Terms under clause (a) then they agree to settle such dispute by and only by binding arbitration by the Australian Disputes Centre (https://disputescentre.com.au/) using their then current process.
Any sessions to be held in-person under clause (a) or clause (b) will be in Sydney, Australia.
12. Governing Law
The Terms are governed exclusively 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, and the parties explicitly waive any right of forum non conveniens. 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.
13. Independent Legal Advice
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.
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.