User Terms
BOARD TRADERS TERMS OF SERVICE
1 Introduction
1.1 These terms of service (“Terms”) constitute a binding agreement between you and Board Traders Australia Pty Ltd ACN 668 405 089 (“BT”, “we”, “us” or “our”) governing your access and use of the BT mobile applications, technology platform and online service (collectively, “the BT Platform”).
1.2 By accessing and using the BT Platform, you agree to these Terms.
1.3 We may change these Terms at any time by giving you written notice and publishing the changed Terms on our website. Changes will not operate retrospectively. Your continued access and use of the BT Platform constitutes your agreement to be bound by the changed Terms.
2 The BT Platform
2.1 The BT Platform provides an online peer-to-peer marketplace that connects people looking to buy cabinet making materials (“Buyers”) with people offering such products (“Sellers”).
2.2 In these Terms:
(a) Buyers and Sellers are collectively referred to as “Users”; and
(b) the cabinet making products being offered and supplied by Sellers to Buyers is collectively referred to as “Products”.
2.3 BT does not supply Products. Our role is limited to making the BT Platform available to Users and, in some circumstances, acting as a payment collection agent for the purpose of collecting payments for Products. Each supply of Products by a Seller to a User is a separate agreement exclusively between those parties.
2.4 Any decision by you to use the BT Platform and to offer, purchase or supply Products is at your sole discretion and risk.
3 User accounts
3.1 You must register an account in order to access and use the BT Platform. In order to register an account, you must:
(a) be at least 18 years of age and have the capacity to enter into a contract; and
(b) provide us with certain personal information that we require, such as ABN, your name, address, date of birth, email address and phone number.
3.2 You promise that the information you provide when you register for an account is true, accurate and not misleading in any way and you must keep this information up to date at all times.
3.3 You must not:
(a) register more than one account;
(b) impersonate or register on behalf of another person; or
(c) allow another person to use your account.
3.4 We may change or reclaim your username or cancel your account if we consider, in our sole discretion, that it is not appropriate (for example, if we believe it is offensive, misleading or is similar to another person’s trade mark).
3.5 You must keep your password secure at all times and you are solely responsible and liable for all activity undertaken using your account.
3.6 You warrant that you are in the cabinet making trade, including as a builder, carpenter or cabinet maker.
4 Prohibited use
4.1 You must not, in accessing and using the BT Platform:
(a) contravene any applicable law, code, rule or regulation;
(b) engage in in conduct that is misleading or deceptive or likely to mislead or deceive, including by making false or inaccurate representations about your identity;
(c) infringe the rights of any other person;
(d) stalk, harass, abuse, threaten, intimidate, defame, vilify or discriminate against any person;
(e) attempt to obtain personal information (including passwords) of another person without their knowledge or consent;
(f) post, transmit or distribute any malicious code, file or programs that may interrupt, damage or limit the functionality of the BT Platform or a User’s computer or device;
(g) circumvent (including contacting a user to facilitate a transaction outside of the BT Platform), modify, adapt, reverse engineer or decompile any software that forms part of the BT Platform;
(h) bypass measures used to prevent, control or restrict access to any part of the BT Platform;
(i) frame or mirror any part of the BT Platform
(j) use any robot, spider, scraper or other automated means to access the BT Platform for the purpose of indexing, scraping, crawling or harvesting any data without our express written permission; or
(k) attempt to do any of the foregoing or encourage, assist or procure another person to do so.
5 User content
5.1 “Content” means any information, text, graphics, images, audio, video or other materials.
5.2 The BT Platform allows users to upload, post, publish, share or transmit Content. We do not verify any User’s Content or promise that it is complete, accurate, up to date, free from errors or omissions or suitable for your purposes. We do not recommend or endorse any User or their Content.
5.3 If you upload, post, publish, share or transmit Content using the BT Platform:
(a) you are solely responsible for such Content and must ensure that it is complete, accurate, up to date and not misleading or deceptive in any way;
(b) you grant us a worldwide, irrevocable, royalty-free, sub-licensable right to use, reproduce, communicate, publish, modify, adapt, distribute and exploit your Content;
(c) you promise that neither the Content, nor your or our use of it in connection with the BT Platform will infringe the rights of any person or contravene any laws; and
(d) you promise that the Content does not defame, discriminate, intimidate or harass anyone.
5.4 We may remove, delay publication or prevent access to any Content that we reasonably believe contravenes these Terms or our policies or if directed by a regulator, government or law enforcement agency or court.
5.5 We are not responsible for any error or omission in our database.
6 Seller warranties
6.1 When you use the BT Platform as a Seller, you represent, warrant and agree that:
(a) The information and Content you post about your Products is true and accurate, including in relation to their characteristics.
(b) You will observe a high standard of safety including in relation to the safe handling, preparation, storage and supply of Products.
(c) You have all necessary permits, approvals, consents, licenses, certifications and registrations to prepare, make, offer and supply Products.
(d) You will not make any misrepresentation regarding BT, the BT Platform, your Products or your status as a Seller.
(e) You will pay all applicable taxes in connection with your supply of Products and any payments received by you.
(f) You will take out and maintain appropriate insurance policies covering the risks associated with your participation as a Seller.
(g) You will provide us with information about you that we reasonably require for the purposes of conducting background checks and you agree to provide any authorisations reasonably required to facilitate such checks.
(h) You will not supply any Products that are subject to a security interest under the Personal Property Securities Act 2009 (Cth) or which are subject to any lien or other third party rights.
(i) You will provide all information and cooperation (including access to premises) we require to assess and verify your compliance with these Terms; and
(j) You will provide us with all reasonable assistance and cooperation where we provide Services to you including onsite support services.
7 Fees and charges
7.1 Your use of the BT Platform is generally free of charge but we may charge a fee for certain features of the BT Platform such as a premium Sellers’ account, the sale of Products or onsite support services.
7.2 We are not a party to transactions between Buyers and Sellers for the purchase and supply of Products. We will only act as a billing agent for the Seller.
7.3 If we agree to act as a Seller’s payment collection agent:
(a) our role is limited to collecting payments for Products from Buyers on behalf of the Seller;
(b) we will remit payments to the Seller at the times and frequencies and subject to any minimum remittance amount that we determine from time to time; and
(c) we may charge a collection fee and deduct it from payments due to the Seller.
8 Intellectual property
8.1 Intellectual Property Rights includes all copyright, trade marks, designs, database rights, inventions and other similar rights, whether registered or unregistered.
8.2 All Intellectual Property Rights in the BT Platform is owned exclusively by BT or its third party licensors. “BT” and the BT logos, graphics and icons are trade marks of BT. All other trade marks used in connection with the BT Platform are the property of their respective owners.
9 Statutory rights
9.1 Certain laws, such as the Australian Consumer Law, set out consumer rights and remedies that cannot be excluded, restricted or modified. These Terms are subject to such laws and do not exclude, restrict or modify such statutory rights and remedies where it would be unlawful to do so.
10 Limitation of liability
10.1 Subject to clause 9 and to the extent permitted by law:
(a) Your access and use of the BT Platform is at your own risk. It is up to you whether you choose to use the BT Platform and purchase or supply Products from or to other Users. You are solely responsible for your interactions with other Users. We cannot ensure that a User will complete transactions and have no control over the quality, safety or legality of Products. By accessing and using the BT Platform you agree to accept such risks and agree that we are not responsible for the acts or omissions of Users.
(b) The BT Platform is provided on an “as is” and “as available” basis and we exclude all conditions, warranties guarantees and representations of any kind. We do not promise that the BT Platform will be free from errors, operate without interruption or be free from viruses or things which may damage your computer, device or data. The internet is generally not secure and Content may be accessed, intercepted, altered or corrupted in storage or transit.
(c) We do not promise that any Content or other material you access on the BT Platform is complete, accurate, reliable or up to date. We reserve the right to correct errors and make changes to the BT Platform and Content at any time.
(d) Where any law implies a condition, warranty, guarantee or other statutory right or remedy that cannot be excluded, our liability to you for a breach of such condition, warranty, guarantee, right or remedy is limited to the resupply of the BT Platform or paying the cost of resupplying the BT Platform.
(e) We are not liable to you and you release us from liability for any incidental, indirect or consequential loss or damage of any kind, including loss of profits, business, goodwill, data or opportunity, however caused (including by negligence) arising from or in connection with these Terms or the BT Platform.
(f) Our maximum aggregate liability to you in respect of all other loss, damage, cost, expense or claim arising from or in connection with these Terms or the BT Platform is limited to the sum of $100.00.
11 Indemnity and release
11.1 You will indemnify and hold harmless BT, its directors, officers, employees, agents, contractors and related companies (each an “Indemnified Person”) from all loss, damage, costs, expenses, claims, actions and liability suffered or incurred by an Indemnified Person arising from or in connection with:
(a) your access or use of the BT Platform;
(b) your sale or purchase of any Products from the BT Platform;
(c) your breach of these Terms;
(d) any allegation that your Content infringes the rights of any person or violates any law; or
(e) your unlawful or negligent act or omission.
12 Cancellation and suspension
12.1 Due of the nature of the BT Platform, we reserve the right to decide who may use it.
12.2 We may suspend or cancel your account at any time if we consider that:
(a) you have breached any provision of these Terms;
(b) you are the subject of a complaint that we deem to be serious; or
(c) suspension or cancellation is necessary to protect the security or safety of any person or the BT Platform.
12.3 If we cancel your account, you may not use the BT Platform again, whether by creating a new account or using an alternative account.
12.4 We may also suspend or cancel your account where we are directed to do so by any Government or regulatory authority or the order of a Court of competent jurisdiction.
13 Links
13.1 The BT Platform may contain links to third party websites or materials (including in advertisements). Unless stated otherwise:
(a) we do not control, approve, endorse or sponsor any such websites or materials or their content; and
(b) we do not provide any warranty or take any responsibility for any aspect of those websites or materials or their content and your use or reliance on them is at your own risk.
14 Published Policies
14.1 From time to time we may introduce policies surrounding the use of the BT Platform (“Policies”).
14.2 We will publish our Policies on our website at https://boardtraders.com.au.
14.3 You must comply with our Policies.
15 General
15.1 Unless specified otherwise in these Terms, all notices in connection with these Terms must be in English and sent to our address for service. Our address for service is: Level 4/11 York Street, Sydney, 2000.
15.2 You may not assign Your rights under these Terms except with our prior written consent. We may assign any part of these Terms by written notice to you.
15.3 These Terms and our published policies constitute the entire agreement between the you and us in connection with their subject matter and supersede all previous agreements or understandings.
15.4 If a provision of this Agreement is invalid or unenforceable it shall be read down to the point of severance and does not affect the validity or enforceability of the remaining provisions.
15.5 Our failure or delay in enforcing a provision of these Terms does not constitute our agreement to any future breach or a waiver of any of our rights.
15.6 The relationship between BT and you is one of independent contracting parties. Nothing in these Terms or your use of the BT Platform creates a relationship of partnership, employment, agency or joint venture and you must not lead anyone to believe otherwise.
15.7 These Terms must not be construed to our disadvantage merely because we were responsible for its preparation.
15.8 Our rights, remedies and powers under these Terms are cumulative and not exclusive of any rights, remedies or powers at law.
15.9 Publication of email addresses on this website must not be taken as consent to receive commercial electronic messages.
15.10 This agreement is governed by and is to be construed under the laws of Victoria, Australia.
15.11 You irrevocably and unconditionally submit to the jurisdiction of the courts of Victoria, Australia, and waive any claim or objection based on absence of jurisdiction or inconvenient forum.
16 Mobile application terms
16.1 In addition to the Terms, the following provisions (“Mobile Terms”) apply to your use of the BT mobile application (“Application”) downloaded from the Apple App Store and used on an iOS device.
(a) These Mobile Terms are an agreement between you and BT only, and not with Apple. BT, and not Apple, is solely responsible for the Application and the content thereof.
(b) We grant you a non-transferable license to use the Application on any iOS device that you own or control and as permitted by the Usage Rules set forth in the App Store Terms of Service.
(c) Apple has no obligation whatsoever to furnish any maintenance and support services with respect to the Application.
(d) In the event of any failure of the Application to conform to any applicable warranty, you may notify Apple, and Apple will refund the purchase price for the Application. To the maximum extent permitted by applicable law, Apple will have no other warranty obligation whatsoever with respect to the Application.
(e) Apple is not responsible for addressing any claims relating to the Application or your possession and/or use of the Application, including, but not limited to:
(i) product liability claims;
(ii) any claim that the Licensed Application fails to conform to any applicable legal or regulatory requirement; and (iii) claims arising under consumer protection, privacy, or similar legislation.
(f) In the event of any third party claim that the Application or your possession and use of the Application infringes that third party’s intellectual property rights, BT, not Apple, will be solely responsible for the investigation, defense, settlement and discharge of any such intellectual property infringement claim to the extent required by these Terms.
(g) You represent and warrant that:
(i) you are not located in a country that is subject to a U.S. Government embargo, or that has been designated by the U.S. Government as a “terrorist supporting” country; and
(ii) you are not listed on any U.S. Government list of prohibited or restricted parties.
(h) You must comply with any applicable third party terms of agreement when using the Application.
(i) You acknowledge and agree that Apple, and Apple’s subsidiaries, are third party beneficiaries of these Terms, and that, upon your acceptance of these Mobile Terms, Apple will have the right (and will be deemed to have accepted the right) to enforce these Mobile Terms against you as a third party beneficiary thereof.
