Terms and Conditions

  1. Welcome to Blow Me First’s website, located at www.blowmefirst.com.au (Site). By using or browsing this Site, you accept these Terms and Conditions in full. If you disagree with these Terms and Conditions or any part of these Terms and Conditions, you must not use this Site.
  2. These Terms and Conditions (Terms and Conditions) apply to every person who uses our information, documents, software, and any other products and/or services that we provide, together referred to as (Services).
  3. By using this Site, you signify your acceptance of these Terms and Conditions. For the purposes of these Terms and Conditions, “Us”, “Our” and “We” refers to Blow Me First and “You” and “Your” refers to you, the client, visitor, website user or person using our website.
  4. In using our Site and/or Services, you warrant that you have had sufficient opportunity to access these Terms and Conditions, and that you have read, accepted and will comply with these Terms and Conditions.
  5. You must be over 18 years of age to use this website and to purchase any of our Services. If you do not agree to these Terms and Conditions, do not use our Site and/or Services.
  1. We reserve the right to change, modify, add or remove portions of these Terms and Conditions from time to time. Revised Terms and Conditions will apply to the use of this Site from the date of publication on the new Terms and Conditions on this Site. Please check these Terms and Conditions regularly prior to using our Site to ensure you are aware of any changes.
  2. If you choose to use our Site then we will regard that use as conclusive evidence of your agreement and acceptance that these Terms and Conditions govern your and Blow Me First’s rights and obligations to each other.
  1. By using our Site you agree and accept that Blow Me First is not legally responsible for any loss or damage you may incur in relation to your use of the Site, whether for errors or from omissions in our content or information, any goods or services we may offer or from any other use of the Site or Services. This includes your use or reliance on any third party content, links, comments or advertisements. Your use of, or reliance on, any content or information on this Site is entirely at your own risk, for which we shall not be liable.
  2. It is your own responsibility to ensure that any Services available through this Site meet your specific, personal requirements. You acknowledge that such information and materials may contain inaccuracies or errors and we expressly exclude liability for any such inaccuracies or errors to the fullest extent permitted by law.
  1. For the purposes of Schedule 2 of the Australian Consumer Law, in particular Sections 51 to 53, 64 and 64A of Part 3-2, Division 1, Subdivision A of the Competition and Consumer Act 2010 (Cth)-
  2. The liability of Blow Me First for any breach of a term of this agreement is limited to; the supplying of the goods or services to you again, the replacement of the goods, or the payment of the cost of having the goods or services supplied to you again
    1. The description of goods and/or services as stipulated on invoices or order forms is provided by way of identification only and the use of that description shall not constitute a description under any Contract of Sale by description. Any description of any goods in any brochure, document or other sales literature used by BMF or its partners shall not form part of any Agreement between BMF and the Customer.
  1. BMF shall have no obligations to make alterations in the design and construction of goods previously accepted and delivered even though design changes are incorporated in the goods subsequently being delivered.
  1. The Customer acknowledges that BMF is not itself responsible for product deliveries and returns. Deliveries and returns will be subject to the policies and procedures of the product wholesaler. In the event of inconsistency with the wholesaler’s policy, the wholesaler’s policy will take precedence.
  2. Unless BMF otherwise agrees in writing GST , delivery, carriage insurance, handling, storage and packaging and any other expenses relating to the goods shall be charged to and paid by the Customer.
  3. In the absence of specific instruction from the Customer, BMF will select the carrier and make such agreement with the carrier on behalf of the Customer as BMF in its absolute discretion deems appropriate.
  4. BMF will endeavour to deliver the goods (or provide services) within the Customer’s required delivery period, but subject to Clause 7.4 shall not in any event be liable for any loss or damage directly or indirectly sustained from any failure to deliver within such period. Time shall not be the essence of this Contract and any delay shall not be the basis of the Customer’s cancellation of this Contract.
  5. BMF shall not be liable for any loss or damage resulting from any failure to give notice of any delay in delivery.
  6. BMF reserves the right to deliver the goods by installments at its absolute discretion and in such circumstances the Customer shall accept delivery of such goods by installments.
  7. The Customer shall be responsible for providing adequate labour and/or material handling equipment for the loading and unloading of goods at its premises.
  8. Where BMF agrees to collect goods from the Customer’s premises the Customer shall ensure that the goods are all available for collection at an easily accessible central point and that they are ready for loading at the time that BMF arrives to collect them.
  9. The Customer’s return of goods to BMF for credit requires the prior written approval of BMF and issuance of a Returned Goods Authorisation Number (RGA).
  10. Where goods are being returned to BMF, the Customer shall ensure that they are returned complete, together with all operations manuals and accessories, in a safe condition, having regard to the risk to:-
    • persons handling them and in their vicinity; and
    • damage to the goods themselves.
  11. Claims by the Customer for short, damaged or incorrect deliveries must be made within twelve (12) days from the date of receipt of goods.
  12. BMF will not be liable or responsible for any loss or damage, cost or expense suffered by the Customer resulting directly or indirectly from any failure by BMF to fulfil any of the terms and conditions herein, including any obligation or liability in respect of any damage to or malfunction of any item supplied, if such failure damage or malfunction is due to any delay or other cause beyond the control of BMF.
  13. Where goods are incorrectly ordered by the Customer, supplied and subsequently returned, a restocking fee of fifteen (15) percent of the purchase price of the goods shall be paid together with any delivery fee and GST incurred by BMF as a result thereof within thirty (30) days from the date of invoice.
  1. Blow Me First handles returns and processes refunds in accordance with the Australian Consumer Protection legislation. Please notify us within 12 days of purchase if you wish to return your order. You must have a valid reason for the return of your order and all refunds are made at the discretion of Blow Me First.
  2. Blow Me First does not provide refunds on single use, disposable items.
  3. If we are unable to resolve your complaint or further assist you, we will process a refund upon timely receipt of the goods purchased. Unopened goods will be refunded in full. Refunds will be processed promptly and payment made by the same method that you made payment.
  1. To the full extent permitted by law, orders for goods specifically acquired by BMF for the Customer shall not be cancelled by the Customer without BMFs written consent. The cancellation of any order shall be made on terms which indemnify BMF against all loss.
  1. Blow Me First may from time to time provide on its Site, links to other websites, advertisements and information on those websites for your convenience. This does not necessarily imply sponsorship, endorsement, or approval or arrangement between Blow Me First and the owners of those websites. Blow Me First takes no responsibility for any of the content found on the linked websites.
  2. Blow Me First’s Site may contain information or advertisements provided by third parties for which Blow Me First accepts no responsibility whatsoever for any information or advice provided to you directly by third parties. We are making a ‘recommendation’ only and are not providing any advice nor do we take any responsibility for any advice received in this regard.
  1. Blow Me First is committed to protecting your privacy. As such we comply with the legal requirements of the Australian Privacy Principles as set out in the Privacy Act 1988 (Cth).
  2. Our Privacy Policy sets out the manner in which we treat your personal information. Please read our separate Privacy Policy carefully.
  1. To the fullest extent permitted by law, Blow Me First absolutely disclaims all warranties, expressed or implied, including, but not limited to, implied warranties of merchantability and fitness for any particular purpose. Blow Me First gives no warranty that our Site or its server is free of viruses or any other harmful components.
  2. Whilst we, at all times endeavour to have the most accurate, reliable and up-to-date information on our Site, we do not warrant or make any representations regarding the use or the result of the use of any document, product, service, link or information on the Site or as to its correctness, suitability, accuracy, reliability, or otherwise.
  3. It is your sole responsibility and not the responsibility of Blow Me First to bear any entire costs of servicing, repairs, or correction. The applicable law in your state or territory may not permit these exclusions, particularly the exclusions of some implied warranties. Some of the above may not apply to you but you must ensure you are aware of any risk you may be taking by using this Site or any products or services that may be offered through it. It is your responsibility to do so.
  1. Blow Me First does not and will not sell or deal in personal or customer information. We may however use non-identifiable information without any reference to your name, your information to create marketing statistics, identify user demands and to assist it in meeting customer needs generally. In addition, we may use the information that you provide to improve its website and its services but not for any other use.
  1. Blow Me First may be required, in certain circumstances, to disclose information in good faith and where Blow Me First is required to do so in the following circumstances: by law or by any court; to enforce the terms of any of our customer agreements; or to protect the rights, property or safety of our customers or third parties.
  1. If and when applicable, GST payable on our Services will be set out on our Invoices. By accepting these Terms and Conditions you agree to pay us an amount equivalent to the GST imposed on these charges.
  1. If you are in the business of providing similar Services for the purpose of providing them to users for a commercial gain, whether business users or domestic users, then you are a competitor of Blow Me First.
  2. For the purpose of cl16.1, Services include:
    • Provision of alcohol and drug testing and monitoring at venues and events;
    • Provision of personal alcohol and drug testing devices to Customers for home or personal use;
    • Provision of education and training on the subject of alcohol and drug testing to staff and Customers;
    • Advocacy and community wide education and promotion of safe alcohol consumption and drug use.
  3. Competitors are not permitted to use or access any information or content on our Site. If you breach this provision, Blow Me First will hold you fully responsible for any loss that we may sustain and hold you accountable for all profits that you might make from such a breach.
  1. Blow Me First reserves the right to exclude and deny any person access to our Site and our Services, at any time in our sole discretion.
  1. This Site contains material which is owned by or licensed to us. This material includes, but is not limited to, the design, layout, look, appearance, trademarks and graphics.
  2. You are not permitted to reproduce the documents, information or materials on the Site for the purposes of sale or the use by any third party. In particular you are not permitted to republish, upload, transmit electronically or otherwise or distribute any of the materials, documents or products that may be available for download from time to time on this Site.
  3. Blow Me First expressly reserves all copyright and trademark in all documents, information and materials on our Site and we reserve the right to take action against you if you breach any of these terms.
  4. Any reproduction or redistribution of part or all of the contents in any form is prohibited other than the following: you may print or download to a local hard disk content for your personal and non-commercial use only; and you may copy the content to individual third parties for their personal use, but only if you acknowledge the Site as the source of the material.
  5. You may not, except with our express written permission, distribute or commercially exploit the content. Nor may you transmit it or store it in any other website or other form of electronic retrieval system.
  1. If any provision of these Terms and Conditions is held to be illegal, void, or unenforceable in any state or territory then such a clause shall not apply in that state or territory and shall be deemed never to have been included in these Terms and Conditions in that state or territory. Such a clause if legal and enforceable in any other state or territory shall continue to be fully enforceable and part of this agreement in those other states and territories. The deemed exclusion of any term pursuant to this paragraph shall not affect or modify the full enforceability and construction of the remaining provisions of these Terms and Conditions.
  1. These Terms and Conditions make up the entire agreement between you and Blow Me First and supersede any prior agreement, understanding or arrangement between you and Blow Me First whether oral or in writing. No other term is to be included in this agreement except where it is required to be included by any legislation of the Commonwealth or any state or territory. All implied terms except those implied by statute and which cannot be expressly excluded are hereby expressly excluded.
  1. These Terms and Conditions and this Site are subject to the laws of Victoria and Australia. If there is a dispute between you and Blow Me First that results in litigation then you must irrevocably submit to the jurisdiction of the courts of Victoria.

To the full extent permitted by law the Customer:

  1. Agrees to indemnify and at all times hereafter to keep indemnified and hold BMF, its servants and agents and each of them harmless against all claims for loss or damage (whether as a result of negligence or otherwise) arising directly or indirectly out of the Customer’s use, possession, ownership or resale to a third party or out of the use, possession or ownership by such third party of the goods or any part or parts thereof whether separately or in combination with any other equipment or material.
  2. Agrees that the indemnity in Clause 16.1 shall survive the termination of this Contract and shall extend to cover all alleged defaults or defects in the goods or part(s) thereof or instruction supplied for use in connection with the goods or out of any failure of the goods to perform a particular task or to achieve a particular result or to comply with any particular specification.
  1. To the extent permitted by law the Customer releases BMF from all and any liability for and in relation to or occurring out of any failure or transaction in performance of its obligation hereunder due in part or in whole to any cause whatsoever beyond BMF’s reasonable control.
  1. All implied conditions and warranties (statutory or otherwise) are hereby expressly excluded from this Contract insofar as they are capable of being excluded by agreement.
  1. All prior statements and representations or collateral warranties that may have been given whether oral or in writing by BMF or its servants or agents prior to the delivery of the goods and/or services are expressly excluded to the full extent allowed by law and accordingly BMF is released by the Customer from any liability as a result of such statement or representation.
  1. The Customer shall not rely upon BMF’s expertise or judgement as to fitness or suitability of use for which the Customer may require the goods and or service.
  1. Failure by BMF to insist upon strict performance by the Customer of any terms and conditions contained herein shall not be taken to be a waiver thereof or of any rights of BMF in relation thereto and in any event shall not be taken to be a waiver of the same terms and conditions on any subsequent occasion and shall not discharge the Customer from any of its obligations pursuant to these terms and conditions.