Terms and conditions
DISCLAIMER: By interacting, browsing or accessing any of the services that are providered by this website, the associated mobile application or BoonCave, the Client accepts and agrees to be bound by the Terms and Conditions that are set out below, without limitation or qualification. It should be noted that BoonCave retains the right to amend these terms and conditions at any time without notice to the Client.
These Terms and Conditions contain legal obligations; therefore it is advised that the Client read it carefully. All notices or further communications in respect to these terms and conditions must be in writing, and must be delivered by hand; mailed postage pre-paid, either by registered or certified mail, return receipt requested; or by overnight courier; to Legal Counsel at the mailing address detailed on the Contact page of this site.
1. In this document:
- BoonCave refers to BoonCave Pty Ltd ACN 619 432 316
- Client includes the directors and relevant associated parties that enlist the use of services provided by BoonCave;
- Services refers to any goods and/or services that are supplied by BoonCave to the Client pursuant to the order of the Client and any other goods and/or services supplied by BoonCave incidental to the supply of any or all of the goods and/or services ordered by the Client; and
- Terms refers to these terms and conditions.
(a) Any order received for Services to be supplied by BoonCave (whether oral or written) is deemed to be an order incorporating these Terms to the exclusion of all other terms and conditions, prior to discussions, representations, understandings or agreements regarding the Services.
(b) BoonCave reserves the right to amend these Terms at any time without notice to the Client.
(c) No agreement is valid between the Client and BoonCave regarding the supply of the Services, until an order is received and accepted in writing by BoonCave.
(d) The Client may not cancel an order processed by BoonCave, without written authority by BoonCave. The Client agrees to indemnify BoonCave in full against all loss (including loss of profit), costs (including labour, damages, charges and expenses) that BoonCave may incur as a result of cancellation.
Any description of the Services is given by way of identification and will not constitute a contract of sale by description. BoonCave retains the right to correct any error or omission, in any sales information, quotation, invoice or other document, issued by BoonCave without any liability to BoonCave.
(a) The Client must pay all invoiced amounts for Services within 14 days of receiving an invoice from BoonCave. The Client agrees to pay all amounts incurred by the Client or any incurred as a result of the Client email and password associated with the Client (whether authorised or not).
(b) The Client agrees that all payment amounts are nonrefundable
(c) All amounts owing and outstanding by the Client to BoonCave on any account become immediately due and payable (without notice). BoonCave reserves the right to refuse to supply or re-supply, or to suspend or cease the supply of any Service(s) (as appropriate) until all amounts owed or owing by the Client to BoonCave are paid to BoonCave in full in cleared funds.
(d) The Client agrees to pay for any collection fees or charges (including legal fees and charges on a solicitor / client basis) BoonCave incurs in attempting to recover payment(s) owed by the Client.
5. Technical Advice:
BoonCave assumes no liability for any technical advice, recommendation, information or assistance given, or the results obtained there from. Any advice given by BoonCave to a Client is given at the sole risk of, and subject to verification by, the Client and the Client hereby indemnifies and keeps indemnified BoonCave from and against any loss, damage cost or other expense of whatsoever nature in respect of the application of such advice by the Client.
(a) Subject to the provisions of the Trade Practices Act 1974 (Cth) and any other relevant and applicable State and/or Commonwealth legislation (Statutory Provisions): BoonCave warrants that reasonable efforts will be made to ensure that the Services will be:
- provided with due care and skill; and
- of merchantable quality.
(b) BoonCave does not warrant that:
- the Services will be uninterrupted or error free;
- the Services will meet the Client’s requirements, other than as set out in this agreement;
- the Client’s customers are entitled to use the credit card information they submit on the Client’s website.
(c) The Client warrants that:
- The Client will conduct such tests and computer virus scanning as may be necessary to ensure that data uploaded or downloaded by the Client from or to BoonCave server(s) does not contain any virus and will not corrupt the data or systems of any person in any way;
- The Client will keep secure at all times all passwords and cryptographic keys used to access, process and download data from BoonCave server(s);
- The Client will follow all cryptographic key management procedures specified by BoonCave;
- The Client is solely responsible for persons accessing the Client’s website, mobile application(s) and account and must not refer complaints or inquiries in relation thereto to BoonCave; and
- all information and details the Client has supplied to BoonCave are true and correct.
BoonCave does not warrant the quality, accuracy or completeness of any information on this website and associated mobile application; such information is provided “as is”. This website and the BoonCave mobile application may include inaccuracies or typographical errors. At no point shall BoonCave be held liable for any damages whatsoever, howsoever caused, arising directly or indirectly in connection with this website and mobile application or its use including special, indirect or consequential loss or damage, or loss of profit, business, revenue, goodwill or anticipated savings.
(a) All conditions and warranties expressed or implied by the Statutory Provisions, law, trade, custom or usage, are expressly excluded to the maximum extent permitted by law.
(b) BoonCave is not liable for, and the Client indemnifies BoonCave from and against, any damage or loss (including all direct and indirect damages, losses, costs and expenses) incurred by the Client after the Services have been provided, except to the extent that such damage or loss is a direct result of BoonCave’s express instructions.
(c) BoonCave’s liability for a breach of a condition or warranty implied into these Terms by the Statutory Provisions is limited to the full extent permitted by law to either of the following as determined by BoonCave in absolute and sole discretion:
- The replacement of the Services or the resupply of equivalent Services;
- Repair of the Services or payment of the cost of having the Services repaired;
- Refunding the payment made by the Client, or part of that payment (where appropriate), for the Services ordered, or offering credit where payment has not been made.
(a) The Client indemnifies BoonCave and keeps BoonCave indemnified against all claims, suits, actions, demands, loss, costs, damage to property, expenses (including legal expenses on a full indemnity basis), judgments and awards made against BoonCave or incurred by BoonCave to the extent that such liability is caused by:
- The Client’s breach of the Terms;
- The Client’s (including employees and customers of the Client) acts or omissions (whether negligent or not);
- any material or information issued from or to the Client using the Services, and the Client acknowledges that BoonCave does not vet, review or approve any such material or information and that the Services are used at the Client’s risk;
(b) The Client indemnifies BoonCave and keeps BoonCave indemnified from and against all claims, tort, liability and expense on account of any injury or damage except for the portion of the damage directly caused by BoonCave’s negligence.
(c) This clause 8 constitutes a continuing indemnity and is in addition to any other rights BoonCave may have, and the Client agrees to the burden of proof in respect to any alleged defect in the Services.
BoonCave may suspend the Service (or any part thereof) or disconnect or deny the Client access to the Service to remedy any defect or failure or to improve the Service, or in any other instance BoonCave deems necessary, or if the Client is in breach of the Terms. The Client will remain liable for all charges and fees throughout any period of suspension.
For the purposes of providing the Services, BoonCave may appoint other persons or entities to manage or carry out certain parts of the Services on BoonCave’s behalf and may remove any persons or entities such appointed.
The Client must comply with the directions and procedures that BoonCave provides in regard to the use of the Services.
13. Intellectual Property:
(a) The Client agrees that nothing in these Terms transfers or assigns any intellectual property rights from BoonCave to the Client.
(b) BoonCave either owns the intellectual property rights in the underlying HTML, audio clips, text, Java scripts and other content that is made available to the Client on this website and the BoonCave mobile app, or has obtained the permission of the owner of such intellectual property to be utilized on this website and associated mobile app.
(c) the Client acknowledges and agrees that it does not have any rights in the intellectual property in or associated with BoonCave, the underlying HTML, audio clips, text, Java scripts and other content made available on this website and the associated BoonCave mobile app other than pursuant to the License under these Terms and Conditions.
14. Intellectual Property Notice:
Copyright © 2018 BoonCave all rights reserved. Any copying, republication or redistribution of such content is expressly prohibited without the prior written consent of the copyright owner.
BoonCave may refuse, suspend or cancel the Services, or take any other action deemed necessary, immediately if:
- The Client, or any user of the Client’s website, uses and/or used the Services for the purposes of spamming;
- if any other person has used BoonCave server(s) or the Services for the purposes of spamming;
16. Credit Check:
The Client consents to, and agrees to provide the necessary assistance for, BoonCave to obtain a credit report from a recognised credit reporting agency containing personal information for business purposes, including the assessment of an order for Services or collection of overdue accounts.
Without prior written consent from BoonCave, the Client will not operate more than one business from a BoonCave account established for the Client.
18. Prices and Taxes:
(a) In this clause the terms ‘GST’, ‘supply’ and ‘taxable supply’ have the same meaning as in A New Tax System (Goods and Services Tax) Act 1999 (Cth).
(b) All prices and quotes provided by BoonCave are estimates only and do not constitute an agreement to supply Services in accordance with that price/ quote and are subject to alteration.
(c) Unless expressly stated otherwise all prices are exclusive of GST. The amount to be paid or other consideration to be provided to BoonCave for any taxable supply BoonCave makes that is governed by or connected with these Terms must be increased by an amount equal to any GST which BoonCave become liable to pay in respect of that supply so that BoonCave retain after the payment of GST the amount which BoonCave would have been entitled to receive but for our obligation to pay GST.
(d) Unless expressly stated otherwise all fees are billed on a per transaction basis.
(e) The Client acknowledges and agrees that BoonCave may apply a retail margin to the merchant service fee declared by the Client’s acquirer.
(a) Any right created by the Terms may only be waived in writing and signed by the party granting the waiver.
(b) The Client may not assign any rights and/ or obligations under this agreement without prior written consent from BoonCave.
(c) Unless otherwise stated all references to amounts of money are references to Australian currency.
(d) The Terms are governed by the laws applicable in New South Wales, Australia.
(e) If any part or provision of the Terms or their application to any person or circumstance is illegal or unenforceable the part or provision will be interpreted as may be necessary to ensure it is not illegal or unenforceable and if any part or provision can not be so interpreted then it will be severed from the Terms and the remaining provisions will continue in force.
The Client agrees to keep confidential (and not disclose or use) and take all reasonable steps to ensure that employees, agents etc keep confidential, at all times all information regarding BoonCave including without limitation the affairs, systems, procedures, strategies, customers and pricing (‘Confidential Information’) related to BoonCave. The obligations of confidentiality do not apply if the Confidential Information is already in the public domain (other than as a result of a breach of this or a similar agreement) or the Client is required to disclose such information by any law or court order.
21. Force Majeure:
BoonCave is not liable for any failure to perform or delay in performing its obligations under these Terms if that failure is due to anything beyond reasonable control of BoonCave which includes, without limitation, strikes, lockouts, shortages of raw materials, fuel, power, labour, transport, acts of God, fire, riot, explosion, accident, sabotage, breakdowns or machinery. A force majeure event does not affect either party’s obligation to make any payment.
22. Limited License:
(a) Subject to compliance with these Terms and Conditions, BoonCave grants the Client a limited license to display, print, download and use the underlying HTML, text, audio clips and other content on the Client’s computer, that is made available to the Client on this website and associated mobile app, for non-commercial, personal, or educational purposes only (Licence), provided that:
- The Client does not modify, alter or deface any such content; and
- The Client includes and displays on each copy of such content, the associated copyright notice and its limited License.
No other use is permitted.
(b) Without limiting the generality of the foregoing, the Client may not:
- Make any commercial use of such content;
- Include such content in or with any product that the Client creates or distributes; or
- Copy such content onto any other website (this includes websites owned by the Client).
(c) Notwithstanding the above, nothing contained in this License shall be construed as conferring any right under any copyright of BoonCave or any other person who owns the copyright in content provided on this website.
23. Registration, Accounts and Passwords:
(a) BoonCave provides services and related features that may require registration. Should the Client choose to register for such services or related features, the Client agrees to provide accurate and current information as required by the relevant registration process, and to promptly update such information as necessary to ensure that all information is kept accurate and complete. the Client agrees to be responsible for the following:
- Maintaining the confidentiality of any passwords or other account identifiers owned by the Client.
- Maintaining the confidentiality of all activities that occur under the account that is associated to the Client.
(b) the Client agrees to notify BoonCave of any unauthorized use of the Client’s password or account. BoonCave at no point shall be held responsible or liable, directly or indirectly, for any loss or damage of any kind incurred as a result of, or in connection with, the Client’s failure to comply with this section.
“BoonCave” is a trade-mark of BoonCave. The names of all other products and/or services mentioned on this website are the trade-marks of their respective owners. The displays of trade-marks or trade names on this website do not convey or create any license or other rights in these marks or names. Any unauthorized use of these marks or names is strictly prohibited.
25. No Endorsement:
Links or other material and content found on this website is not, and is not intended as, an endorsement of any third party products or services described on this website. Any opinions expressed in such material and content are those of its author(s) and do not necessarily reflect those of BoonCave.
26. Submission of Confidential Information:
(a) All information that is transmitted to BoonCave through this website and the BoonCave mobile application becomes the exclusive property of BoonCave, which may be used for any purpose without restriction or compensation.
(b) Information transmitted to this website may be intercepted by third parties. You should transmit such information by other means if you are concerned about its confidentiality.
The details on how Client information is collected, used and disclosed by BoonCave can be found in the Privacy Statement.
28. Compliance with Payment Card Industry Data Security Standard:
(a) BoonCave will ensure that it complies with the Payment Card Industry Data Security Standard.
(b) BoonCave and the Client are responsible for the security of the cardholder data that is in its control or possession, as mandated by the Payment Card Industry Data Security Standard in the performance of their individual and mutual responsibilities under these Terms.
Copyright © 2018 BoonCave. All rights reserved