TERMS OF SERVICE OF BAG A BOUQUET
Welcome to the Bag the Bouquet website (ABN 56 988 269 677) (we, us or our). By using this website, application or any other site made available by us (collectively, Site) or by buying a product through the Site, you confirm you accept these Terms of Service and agree to be bound by them.
We reserve the right to amend these Terms of Service at any time and your continued use of the Site following any amendments will constitute your agreement to be bound by these Terms of Service as amended.
1.1. We will provide you access to an online marketplace that connects people interested in purchasing flowers and associated products (Customers) with people selling such products (Suppliers). The platform allows:
(a) the Suppliers to offer products for sale;
(b) the Customers to browse through and purchase products through the payment gateway facility; and
(c) the Customers to leave reviews for the Suppliers.
1.2 You acknowledge and agree that:
(a) each sale transaction is solely between the relevant Supplier and Customer;
(b) we are not directly involved in or a party to the sale of products that occurs between Suppliers and Customers and we have no involvement with the actual physical supply of products by a Supplier to a Customer;
(c) we have no control over any aspect of a Supplier’s listings on the Site or any products;
(d) we are not a broker, agent or insurer for any Supplier or Customer. For the avoidance of doubt, we make no representations, warranties or guarantees regarding any content or information provided by the Suppliers; and
(e) the Site is solely a marketplace and we bear no liability whatsoever for any content on the Site. Further, use of the Site is solely at each user’s risk.
2. REGISTRATION OF CUSTOMERS
2.1 You are required to register with the Site to become a registered user. Registration is only available to users who are 18 years of age or older. By registering, you acknowledge that you are 18 years of age or older.
2.2 On registration, you agree:
(a) to ensure that your registration details are true and accurate at all material times, and to update your details if changes arise; and
(b) to maintain the security and confidentiality of the account;
2.3 A Customer may cancel his or her account for any reason by unsubscribing to the Site but may not unsubscribe while any order is outstanding. Unsubscribing will have no effect on any amounts due and payable.
2.4 If there is a breach of any term of these Terms of Service, we may terminate your account.
3. DESCRIPTION AND IMAGES
3.1 We will use reasonable endeavours to ensure that Suppliers’ products are described and pictured accurately on the Site.
3.2 As a Customer, you acknowledge and agree (to the extent permitted by law):
(a) descriptions of products on the Site are provided by the Supplier and that we do not warrant that the description or image provided on the Site is accurate;
(b) we reserve the right to correct any error or omission in respect of any descriptions;
(c) any and all images on the Site or otherwise provided are for illustrative purposes only;
(d) the packaging of the goods may vary from that shown in the images; and
(e) we do not guarantee and/or warrant that any image will reproduce in true colour or that any of the images reflect the full design or options relating to the respective product. All images are for references only.
4.1 To purchase products, the Customer must pay the amount stipulated on the Site, being the purchase price for products, through the payment gateway facility.
4.2 All prices are shown in Australian Dollars and are inclusive of GST.
4.3 As a Customer, you acknowledge and agree:
(a) we will use reasonable endeavours to ensure that the prices on the Site are up to date;
(b) we reserve the right to amend any errors in the pricing on notice to you;
(c) packaging and postage/delivery are additional charges and will be calculated and levied by the Supplier at the time of purchase depending on delivery location.
5.1 As a Customer, you acknowledge and agree:
(a) we will share your name, address for delivery, email and telephone contact with the Supplier when you purchase a product on the Site;
(b) on the Supplier’s acceptance of the order, a separate agreement between you and the Supplier will form on terms agreed between you and the Supplier. Such contract is solely between you and the Supplier; and
(c) we will endeavour to inform you by email correspondence whether an order has been accepted or rejected as soon as possible;
(d) once an order has been placed through the Site you cannot cancel it;
6. SALE AND DELIVERY
6.1 The Customer acknowledges that once orders are placed through the Site, we do not have any responsibility for the fulfilment of these orders.
6.2 If a Customer is not available to take delivery of a product, a Supplier and/or its agent may leave the product with a neighbour or outside the Customer’s front door.
7.1 To the extent permitted by law, any condition or warranty that would otherwise be implied into these Terms of Service is excluded.
7.2 So far as relevant and applicable, we comply with Schedule 2 of the Competition and Consumer Act 2010.
7.3 To the extent permitted by law we are not liable for any loss or damage, however it arises, whether in contract, statute or tort (including negligence), arising out of, or in connection with:
(a) the Customer’s or the Supplier’s use of (including inability to use) the Site, the application and the Services, or any liability arising between the Customer and the Supplier;
(b) any content on this Site that is incorrect, inaccurate or incomplete. Product images displayed on the website are indicative only and the products you receive may vary from those displayed. If you rely on any such content, you do so at your sole risk and you are responsible for any independent verification of the content; and
(c) any negligence by us, our employees or contractors in connection with your use of this Site.
7.4 To the extent permitted by law:
(a) we exclude liability for any loss of profit, loss or corruption of data, special, exemplary, punitive, incidental, indirect or consequential loss or damages suffered or incurred or arising in connection with the Site, the application, the Services or in connection with any act or omission by us (negligent or otherwise); and
(b) our aggregate liability in connection with these Terms of Service (including in relation to the supply of any goods or services or in relation to the Customer’s account), whether based on warranty, contract, statute, tort (including negligence) or otherwise, will not exceed $100.
7.5 Notwithstanding anything to the contrary herein, the Suppliers are solely responsible for fulfilling all orders placed through the Site, whether such orders are lost, unprocessed, mishandled or otherwise.
7.6 The risk of loss and/or damage to products passes from the Supplier to the Customer when the Supplier dispatches the products to the Customer.
8. DISPUTE RESOLUTION
8.1 In the event that a dispute arises between a Customer and Supplier, we may assist the Customer and the Supplier resolve the dispute. However, we are under no obligation to seek to resolve any dispute.
8.2 In the event a dispute arises between a Customer and us, the Customer should contact us through the Site to assess the possibility of informal resolution.
8.3 In relation to all disputes involving us, all parties agree to attempt to resolve these disputes acting in good faith.
9. USE OF WEBSITE
9.1 You understand and agree that your use of the Site, application and your access to the Service is provided “as is” and “as available”. We do not represent or warrant that the operation of the Site will be secure, confidential, uninterrupted, error-free, accurate, complete or current.
9.2 We update and carry out maintenance on the Site, so we may have to suspend access, service or functionality on the Site from time to time, without notice. We will not be liable if, for any reason, the Site is not available at any time or for any period of time.
9.3 The Site may contain links to third party sites and resources. We have no control over those sites, and will not be liable for any loss or damage you suffer or incur when you use a third party site or resource.
9.4 In using the Site, you must not:
(a) provide us with inaccurate or incomplete information or impersonate any person;
(b) distribute viruses, corrupt files, or any other similar software or programs that may damage the operation of any computer hardware or software;
(c) collect or store personal data about other users of this Site;
(d) engage in any other conduct that inhibits any other person from using or enjoying this Site; or
(e) contact or assist others to contact another Customer or Supplier for any purpose other than asking a question related to the Services or your own order, including, but not limited to, recruiting or otherwise soliciting any Customer or Supplier to join third-party services, applications or websites, without our prior written approval.
10. INTELLECTUAL PROPERTY RIGHTS
10.1 You are permitted to use the information on the Site for personal use.
10.2 You are not permitted to copy, reproduce, republish, distribute or display any of the information on this Site without our prior written permission.
10.3 We own, or are the licensee of, the intellectual property rights in the content of the Site, including applets, graphics, images, layouts and text.
10.4 All trade marks, brands and logos which are used on the Site are either owned by us or we have a licence to use them. Your access to the Site does not license you to use those marks in any commercial way without our prior written permission.
10.5 Any public comment, idea or suggestion made on the Site by a Customer becomes the property of us.
11. CONFIDENTIAL INFORMATION AND PRIVACY
11.1 We acknowledge that we may have access to certain confidential information while operating the Site. We agree to take necessary steps to ensure that we do not make public any information that is identifiable in writing by the Customer to us as confidential and further agrees not to use or disseminate such confidential information except as is necessary to operate the Site or as required by law.
12.1 You agree to indemnify us against all claims, damages, costs, expenses (including legal fees), losses (including loss of income and business opportunities) or liabilities that are suffered or incurred by us arising from, or in connection with:
(a) your breach of these Terms of Service;
(b) your negligent, wrongful or unlawful act or omission; or
(c) any infringement of a third party’s intellectual property rights.
If any provision of these Terms of Service are found by any Court of competent jurisdiction to be unenforceable or invalid, that provision will be limited to the minimum extent necessary so that these Terms of Service may otherwise remain in force and effect.
14. FORCE MAJEURE
Each party shall be excused from performing any obligation or undertaking provided for in these Terms of Service for so long as such performance is prevented or delayed, retarded or hindered by act of God, fire, earthquake, flood, explosion, action of the elements, war, invasion, insurrection, riot, mob, violence, sabotage, inability, to procure or general shortage of labour, equipment, facilities, materials or supplies in the open market, failure of transportation, strike, lockout, action of labour unions, requisition, laws, orders of government or civil or military or naval authorities, or any other cause, whether similar or dissimilar to the foregoing, not within Bag a Bouquet Terms of Service.docx page | 6 the reasonable control of the party prevented, restarted or hindered thereby, including reasonable delays for adjustments of insurance.
15. ENTIRE AGREEMENT
These Terms of Service contains the entire understanding among the parties and supersedes any prior understandings and agreements between them within the respecting subject matter. There are no representations, agreements, arrangements, or understandings, verbal or written, between and among the parties hereto relating to the subject matter of this agreement which are not fully expressed herein.
These Terms of Service are governed by and construed under the laws of New South Wales, Australia and the courts of that jurisdiction will have exclusive jurisdiction over any dispute arising out of this agreement.