TERMS AND CONDITIONS
Welcome to the BLOOMBOX CO website (the “Site”). “BLOOMBOX CO” refers to BLOOMBOX CO Pty Ltd (ACN: 601 164 630), the company who owns and operates this website, with its registered office at:
Suite 8 115 Pacific Parade
Dee Why NSW 2099, Australia
By accessing, browsing or placing an order on this Site, you acknowledge that you have read, understood and agree to be bound by these Terms and Conditions (the “Terms”):
USE OF THIS SITE:
Your use of this Site is subject to the following terms and conditions:
(a) Your use of this Site must, at all times, be in compliance with these Terms and must only be for your own, non-commercial, personal use. You are responsible for all communications, including but not limited to, the transmission, uploading or posting of information onto or through this Site by you or through your login and you shall be responsible for the consequences of any such communications to the Site.
(b) You must not use the Site for any of the following purposes, which are expressly prohibited by BLOOMBOX CO:
(i) Communicating, transmitting, posting or uploading of any material that infringes on any rights, including but not limited to intellectual property, of any third party.
(ii) Communicating, transmitting, posting or uploading any information, content or material which is untrue, inaccurate, obscene, libelous or abusive.
(iii) Engaging in any conduct that would violate any law or regulation in any applicable jurisdiction.
(iv) Attempting to interfere in any way with the Site’s or BLOOMBOX CO’s network security, or attempting to use the Site’s service to gain unauthorised access to any other computer system or network.
(c) You are responsible for maintaining the confidentiality of your login details and accept responsibility for all activities that occur under your login. You must notify BLOOMBOX CO immediately in the event of any unauthorised use or misuse of your account or where there is any other breach of security.
(d) BLOOMBOX CO reserves the right to revise these Terms at any time and for any reason without notice to you. It is your responsibility to review these Terms each time you use the Site.
(e) We reserve the right to, at any time and without notice to you, revise the products and services available on and through this Site and to change, suspend or discontinue any aspect of this Site without liability to you or to any third party.
(f) BLOOMBOX CO may, at our sole discretion, impose rules for and limits on the use of this Site by you or any other user or restrict your access to part, or all, of the Site without notice or penalty. Any such rules, limits or restrictions shall be incorporated into and form part of these Terms.
(g) BLOOMBOX CO may impose additional terms and conditions specific to any products, orders or aspects of your use of this Site, including but no limited to, with respect to the ordering through this Site and to any subscriber reward programs (“Additional Terms”) offered from time to time by BLOOMBOX CO. These Additional Terms shall be incorporated into and form part of these Terms. In the event of any inconsistency between these Terms and any Additional Terms, the Additional Terms shall prevail to the extent of the inconsistency.
This Site contains materials that are owned by or licensed to BLOOMBOX CO. These materials include, but are not limited to, the graphics, design and appearance of the Site and are protected by applicable copyright, trademarks or other relevant proprietary rights and laws. You must not use, reproduce, sell, license, display, publish, adapt, edit or in any way create derivative works from any of the content or materials contained on this Site unless prior approval by BLOOMBOX CO has been received. BLOOMBOX CO does not claim ownership of any content or materials you make available through the Site however you grant BLOOMBOX CO a perpetual, irrevocable, non-terminable, worldwide, royalty-free and non-exclusive license to use, copy, distribute, publicly display, modify, create derivative works, and sublicense such content or materials or part thereof without any obligation of compensation or attribution to You. You represent, warrant and covenant to BLOOMBOX CO that you have the full right to grant to BLOOMBOX CO the right to use such content or materials in the manner specified in this clause.
Your use of this Site is, at all times, entirely at your own risk and you assume all responsibility associated herewith. BLOOMBOX CO shall use reasonable endeavours to ensure that any information on this Site is complete, reliable and up to date and provided on an “as is” basis. Notwithstanding this, neither BLOOMBOX CO, nor any third parties make any guarantees as to the accuracy, timeliness, completeness or suitability of any information, product or materials found on this Site. You acknowledge that any such information may contain errors or inaccuracies and BLOOMBOX CO expressly excludes any liability, which may arise. Where any such inaccuracies or errors do occur, we may correct that information without any liability to you or any third party. BLOOMBOX CO does not make any guarantee as to the availability or suitability of products on this Site. Its is your responsibility to determine the suitability of a product or service for you and BLOOMBOX CO expressly excludes all liability in relation to this. BLOOMBOX CO reserves the right to, at its sole discretion, limit the quantity of products purchased by any user through this site at any time and for any reason.
BLOOMBOX CO does not warrant that this Site and the services provided herein will be uninterrupted, free from errors, defects, viruses or other harmful components. From time to time this Site may contain links to other third party websites. BLOOMBOX CO does not in any way endorse the content of any such websites or make any representations, warranties or guarantees in relation to those sites and we expressly exclude any liability which may arise from your use of or access to those third party websites.
Whilst we strive to protect information that you transmot to us, however no data transmission over the internet can be guaranteed as totally secure and we do not warrant and cannot ensure the security of any information which you transmit to us. Accordingly, any information which you transmit to us is transmitted at your own risk. Nevertheless, once we receive your transmission, we will take reasonable steps to preserve the security of such information.
LIMITATION OF LIABILITY AND INDEMNIFICATION
Notwithstanding anything else in these Terms, BLOOMBOX CO will not, under any circumstances be liable to you or any other user of this Site for any direct, indirect, incidental, punitive, special or consequential damages whether based on contract or tort arising out of your use or inability to use this Site. BLOOMBOX CO’s total liability to you shall be limited to the amount paid by you to BLOOMBOX CO for your subscription fees for the subscription period during which the event giving rise to the liability occurs. This clause applies in respect of all content, information, products and services available on or through this Site.
SUBSCRIPTIONS AND PAYMENT
BLOOMBOX CO is a subscription service with no minimum term (cancel at any time) apart from set duration subscriptions, or gift subscriptions which cannot be cancelled prior to the end of the subscription period. The cut-off for subscription adjustments including cancellations, suspensions, pauses, changes of address, upgrades or downgrades is midnight on the Sunday before your next scheduled delivery. Payments are processed on the Monday prior to your next delivery.
BLOOMBOX CO’s subscription plan consists recurring charges as agreed to by you. Prices are in AUD as quoted on our site and include GST. By entering into this Agreement you acknowledge that your subscription has a recurring payment feature and you accept responsibility for all recurring charges prior to cancellation. BLOOMBOX CO may submit periodic charges in accordance with your subscription (e.g. weekly, fortnightly or monthly) without further authorisation from you, until you provide notice of cancellation or wish to change your payment method (which can be done within your user account).
By subscribing to BLOOMBOX CO you are agreeing to pay a recurring subscription for an indefinite period until cancelled by you or us as per our Cancellation Policy. The subscription amount and billing interval on the subscription are terms set out in the checkout process.
Payment for all Products and Services must be by credit or debit card or any other payment method on the online checkout page.
You must promptly advise us of any changes to your information provided to us as part of the customer registration process. Changes to payment details must be advised at least 5 days prior to the next payment date. BLOOMBOX CO will not be liable for any charges you incur due to out of date information. If BLOOMBOX CO incur an expense due to out of date information we reserve the right to seek reimbursement from you.
You must live within our delivery service area to receive orders from BLOOMBOX CO which you can view here. BLOOMBOX CO does not deliver to P.O. Boxes.
BLOOMBOX CO use a third party courier for all box deliveries. If a redelivery is required at an alternative time through no fault of BLOOMBOX CO or our third party carrier an additional fee of $15 may be charged.
BLOOMBOX CO aim to deliver each Thursday, however some events may be out of out control and the delivery date may need to change from time to time.
BLOOMBOX CO deliver to the front door of the delivery address provided, at which point you are responsible for any loss or damage in connection to the delivery of our products. If you have specific delivery instructions we will notify our third party courier, however you must make the appropriate arrangements to assist and allow us to deliver your order. Our third party courier may require identification of the person accepting delivery. If you believe there will not be anyone available to accept delivery during business hours it may be prudent to specify an address at which someone will be available to accept delivery (such as a work address). BLOOMBOX CO accepts no responsibility for incorrectly supplied delivery details.
Individual ongoing subscriptions may be cancelled at any time by logging into your user account and following the steps to cancel any time up to the midnight before payment date. If your cancellation is submitted on or after the scheduled payment cut off please note that your cancellation will take effect from the subsequent delivery period.
You will not be charged for cancellation but we reserve the right not to renew your subscription at any time without giving reasons for our decision where we previously elected to cancel a subscription from you.
Fixed term gift subscriptions may not be cancelled during the term of the subscription. However, you can pause or redirect your subscription deliveries. Your subscription will not be renewed after your current subscription term expires and you will not be eligible for a prorated refund of any portion of the subscription remaining.
Due to the nature of our product you may not return your box to us for a refund. All BLOOMBOX CO boxes are checked for quality and hand packed prior to dispatch and while we do our best to ensure your flora is delivered to you in the best possible condition your product may be damaged during the delivery process. Should this be the case with your delivery BLOOMBOX CO will consider either a refund or replacement as appropriate to your case. If you are not completely satisfied with your box and would like to seek a refund or replacement contact us at firstname.lastname@example.org and provide your account details and reason for requesting a refund or replacement within 3 days of your delivery.
Your privacy is important to us! We provide you with this policy so that you can be aware of and understand the way that your personal information is collected and used and so that you can make informed choices.
COLLECTION OF INFORMATION
We collect personal information about you through your registration with BLOOMBOX CO and though your general use of our site and services. This information includes, but is not limited to, specific personal details that you provide to us about your name, gender, nationality, interests, email address, contact details, financial details and IP address. Most of this personal information is collected from the registration forms that you fill out during the registration process or from any other member updates or uploads that you may provide to us in using our site or services. If you do not want us to retain any content that you have uploaded onto our site, please remove the relevant metadata before you upload that content. Where possible, we try to collect information about you only from information that you provide to us and not from information provided by a third party. If you respond to a survey or report or contact us with feedback or complaints, or a third party contacts us with feedback or complaints about you or your use of our website then we may collect this information also. As well as personal information, we also collect general information about the different pages you visit or your activities on our site and within our services. This sort of information is collected by tracking devices such as cookies and is usually collected for statistical purposes and to improve the service that we provide to our users. You can disable cookies however that will limit your use of the Site. Where such information is not considered to be personal information, we reserve the right to use the information obtained however we so choose.
USE OF INFORMATION
DISCLOSURE AND SHARING OF INFORMATION
We may also share and disclose your personal information to third parties under certain circumstances: We will never sell your personal information to a third party.
BLOOMBOX CO has in place, industry standard security measures to prevent the unauthorised access to and use or misuse of your personal information. Although there are no internet security systems which are 100% safe, we work hard to maintain the integrity of our site and services by keeping your information as safe as possible. Your information will only be accessed by individuals authorised by us.
ACCESS TO AND UPDATING OF YOUR PERSONAL INFORMATION
As a registered user, you may access your user information via your user account on the BLOOMBOX CO Site. You may also contact us in relation to having access to the personal information that we hold about you. All requests for access to personal information shall be dealt with by our Privacy Manager and may be emailed to us at the following email address email@example.com. We endeavour to ensure that all information held by us about you is complete, accurate and up-to-date. We ask that, as and when necessary, you update your personal information by logging into your user account.
Where possible, we will give you the opportunity to opt-out of receiving advertising, marketing or promotional materials sent by us or our third party business parties or to unsubscribe from any newsletters that we send to our members.
If you have any questions, concerns or complaints about any privacy related issue, you may contact us: firstname.lastname@example.org.