BOiiNG Terms and Conditions

1. WEBSITE TERMS AND CONDITIONS OF USE for Sellers & Buyers

1.1. Welcome to www.boiing.com (the 'Website'). The Website provides you with an opportunity to upload, browse and purchase various products that have been listed for sale through the Website (the 'Products'). The Website provides this service by way of granting you access to the content on the Website (the 'Purchase Services'). These Terms apply to all users of the website, including without limitation users who are browsers, vendors, customers, merchants, and/or contributors of content.
1.2. The Website is operated by BOiiNG Australia Pty Ltd (ACN 635 343 985 / OR / ABN 89 635 343 985) (trading as and referred to as ‘BOiiNG’, ‘we’, ‘our’, ‘us’ or the ‘Company’). Access to and use of the Website, or any of its associated Products or Services, is provided by the Company. Please read these Terms and conditions (the 'Terms') carefully.
1.3. The Website is hosted on ??? who provide us with the online e-commerce platform that allows us to sell the Products to you.
1.4. The Company reserves the right to review and change any of the Terms by updating this page at its sole discretion. When we update the Terms, we will use reasonable endeavours to provide you with notice of updates to the Terms. Any changes to the Terms take immediate effect from the date of their publication. Before you continue, we recommend you keep a copy of the Terms for your records. We may change the Terms by posting updates and/or changes to the Website. It is your responsibility to check this page periodically for changes. Your continued use of or access to the website following the posting of any changes constitutes your acceptance of those changes. We will endeavour to alert you to any significant changes to these Terms the next time you use the Website where practicable, but we are under no obligation to do so. You should regularly check these Terms to make sure you are familiar with the most current version.

2. Acceptance of the Terms

2.1 By using, browsing and/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 the Services, immediately.
2.2 To proceed with purchasing products or signing up to be a seller on our website, you will be required to indicate that you have read, understood and agree to the Terms in effect at that time.
2.3 You accept the Terms by remaining on the Website.

3. Registration to use of Sell & Purchase Services (the member)

3.1 In order to access the Purchase and Sell Services, you must first register as a user of the Website. As part of the registration process, or as part of your continued use of the Purchase and Sell Services, you may be required to provide personal information about yourself (such as identification or contact details), including: (a) Email address (b) Preferred username (c) Mailing address (d) Telephone number (e) Password
3.2 You warrant that any information you give to the Company in the course of completing the registration process will always be accurate, correct and up to date.
3.3 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 the Purchase and Sell Services.
3.4 You may not use the Purchase and Sell Services and may not accept the Terms if: (a) you are not of legal age to form a binding contract with the Company; or (b) you are a person barred from receiving the Purchase and Sell Services under the laws of Australia or other countries including the country in which you are resident or from which you use the Purchase and Sell Services.

4. Your obligations as a Seller and/or Buyer (the member)

4.1 As a Member, you agree to comply with the following: (a) you will use the Purchase and Sell Services only for purposes that are permitted: i. the Terms; and ii. any applicable law, regulation or generally accepted practices or guidelines in the relevant jurisdictions;
(b) 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 Purchase and Sell Services;
(c) any use of your registration information by any other person, or third parties, is strictly prohibited. You agree to immediately notify us of any unauthorised use of your password or email address or any breach of security of which you have become aware;
(d) 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 the Company providing the Purchase and Sell Services;
(e) you will not use the Purchase and Sell 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;
(f) 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 Purchase and Sell Services. Appropriate legal action will be taken by the Company for any illegal or unauthorised use of the Website; and
(g) you acknowledge and agree that any automated use of the Website or its Purchase and Sell Services is prohibited.

5. Copyright and Intellectual Property

5.1 The Website, the Purchase and Sell Services and all of the related Products of the Company 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 the Company or its contributors.
5.2 The Company 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 the Company; 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).
5.3 You may not, without the prior written permission of the Company 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.

6. Privacy

The Company takes your privacy seriously and any information provided through your use of the Website and/or the Purchase and Sell Services are subject to the Company’s Privacy Policy, which is available on the Website or by contacting the Company.

7. General Disclaimer

7.1 You acknowledge that the Company does not make any Terms, guarantees, warranties, representations or conditions whatsoever regarding the Products other than provided for pursuant to these Terms.
7.2 The Company 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.
7.3 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.
7.4 Subject to this clause, and to the extent permitted by law: (a) all Terms, guarantees, warranties, representations or conditions which are not expressly stated in these Terms are excluded; and (b) The Company 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 Purchase and Sell Services or these Terms (including as a result of not being able to use the Purchase and Sell Services or the late supply of the Purchase and Sell Services), whether at common law, under contract, tort (including negligence), in equity, pursuant to statute or otherwise.
7.5 Use of the Website, the Purchase and Sell Services, and any of the Products of the Company (including the Delivery Services), is at your own risk. Everything on the Website, the Purchase and Sell Services, and the Products of the Company, 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 the Company (including any third party where the Delivery Services are made available to you) make any express or implied representation or warranty about its Content or any Products or Purchase and Sell Services (including the Products or Purchase and Sell Services) 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: (a) 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; (b) the accuracy, suitability or currency of any information on the Website, the Purchase and Sell Service, or any of its Content related Products (including third party material and advertisements on the Website); (c) costs incurred as a result of you using the Website, the Purchase and Sell Services or any of the Products; (d) the Content or operation in respect to links which are provided for the User's convenience; (e) any failure to complete a transaction, or any loss arising from e-commerce transacted on the Website; or (f) 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

8.1 The Company’s total liability arising out of or in connection with the Purchase and Sell 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 the Company is the resupply of information or Purchase and Sell Services to you.
8.2 You expressly understand and agree that the Company, 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.
8.3 The Company 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 Purchase and Sell Services, whether posted or caused by users of the Website, by third parties or by any of the Purchase and Sell Services offered by the Company.
8.4 You acknowledge that the Company does not provide the Delivery Services to you and you agree that the Company 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

9.1 The obligations and liabilities of the parties incurred prior to the termination date shall survive the termination of this agreement for all purposes.
9.2 These Terms are effective unless and until terminated by either you or us. You may terminate these Terms at any time by notifying us that you no longer wish to use our Services, or when you cease using our site.
9.3 If in our sole judgment you fail, or we suspect that you have failed, to comply with any term or provision of these Terms, we also may terminate this agreement at any time without notice and you will remain liable for all amounts due up to and including the date of termination; and/or accordingly may deny you access to our Services (or any part thereof).

10. Indemnity

10.1 You agree to indemnify the Company, its affiliates, employees, agents, contributors, third party content providers and licensors from and against:
(a) 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. (b) 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 (c) any breach of the Terms.

11. Dispute Resolution

In the event of any dispute under these Terms and Conditions the parties agree to negotiate in good faith to resolve the dispute. Any dispute or difference whatsoever arising out of or in connection with these Terms which cannot be resolved by the parties shall be submitted to mediation in accordance with, and subject to, The Institute of Arbitrators & Mediators Australia Mediation and Conciliation Rules.

12. Venue and Jurisdiction

The Purchase and Sell Services offered by the Company are intended to be viewed by residents of Australia. In the event of any dispute arising out of or in relation to the Website, you agree that the exclusive venue for resolving any dispute shall be in the courts of the state of New South Wales, Australia.

13. Governing Law

The Terms are governed by the laws of the state 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 the state of New South Wales, Australia, without reference to conflict of law principles, notwithstanding mandatory rules. 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.

14. How to Contact Us about Terms and Conditions

Email: support@boiing.com
Phone: 02 8315 8270
Website: www.boiing.com