BLOSSOMBOOKINGS – TERMS AND CONDITIONS

Welcome to BlossomBookings! We are committed to providing an easy-to-use platform to help Buyers find reliable goods and services providers, and to help Sellers expand their client base.

Our Disclosures

Our complete terms and conditions are contained below, but some important points for you to know before you become a customer are set out below:

  • We may amend these Terms at any time, by providing written notice to you;
  • Unless your Premium Subscription is terminated in accordance with these Terms, your Premium Subscription will roll over on an ongoing basis;
  • To the maximum extent permitted by law, the Premium Subscription Fees are non-refundable;
  • Our liability under these Terms is limited to us repaying you the amount of the Service Fees paid by you to us in respect of the supply of the BlossomBookings Services to which the Liability relates;
  • We will have no liability for any aspect of the Buyer and Seller interaction including the goods and/or services offered by the Seller, the description of the goods and/or services requested or offered, any advice provided, the performance of services or supply and delivery of goods by the Seller, and any event outside of our reasonable control.
  • We may terminate these Terms at any time by giving 30 days’ written notice to you.

Nothing in these terms limit your rights under the Australian Consumer Law.

These terms and conditions (Terms) are entered into between Blossombookings Pty Ltd ABN 37 642 323 457 (we, us or our) and you, together the Parties and each a Party. These Terms supplement and incorporate our privacy policy posted on the Platform.

We provide a platform where business owners selling goods or services (Sellers) and customers who require goods or services (Buyers) can connect and transact (Platform). The Platform is available for Sellers at https://www.blossombookings.com.au and via our mobile application, and for Buyers on our mobile application.

In these Terms, you means (as applicable) (1) the person or entity registered with us as either a Buyer or Seller; or (2) the individual accessing or using the Platform.

If you are using the Platform on behalf of your employer or a business entity, you, in your individual capacity, represent and warrant that you are authorised to act on behalf of your employer or the business entity and to bind the entity and the entity’s personnel to these Terms.

Acceptance

You accept these Terms by downloading the application as a Buyer, or registering on the Platform as a Seller.

If you are under 18 years old, you represent and warrant that you have permission from your parent or legal guardian to access and use the Platform, and they have accepted these Terms on your behalf.

We may amend these Terms at any time, by providing written notice to you. By continuing to use the Platform after the notice or 30 days after notification (whichever date is earlier), you agree to the amended terms. If you do not agree to the amendment, and the amendment is of material detriment to you, you may terminate these Terms in accordance with the Termination clause. If you have a Premium Subscription, we will refund the portion of the Subscription Fees that have been paid but not incurred.

If you access or download our mobile application from (1) the Apple App Store, you agree to any Usage Rules set forth in the App Store Terms of Service or (2) the Google Play Store, you agree to the Android, Google Inc. Terms and Conditions including the Google Apps Terms of Service.

We may use Google Maps/Earth mapping services, including Google Maps API(s). Your use of Google Maps/Earth is subject to the Google Maps/Google Earth Additional Terms of Service.

Platform summary

The Platform is a marketplace where Sellers can advertise and sell goods and/or services online, and Buyers can browse for goods and/or services, and purchase these goods and/or services. We provide the Platform to users (including hosting and maintaining the Platform), assist Buyers and Sellers to form contracts for the supply of goods and/or services, process payments between Buyers and Sellers, and provide promotional opportunities for Sellers (together the BlossomBookings Services). You understand and agree that we only make available the Platform and the BlossomBookings Services. We are not party to any agreement entered into between a Buyer and a Seller and we have no control over the conduct of Sellers, Buyers or any other users of the Platform.

A Seller wanting to provide goods and/or services creates an Account on the Platform and posts an accurate and complete description of the goods and/or services they can provide (Seller Listing).

A Buyer wanting to buy goods and/or services creates an Account on the Platform to view and browse Seller Listings.

A Buyer may request goods and/or services described in a Seller Listing by sending a request through the Platform. The request is an offer from the Buyer to the Seller to book/buy the goods and/or services described in the Seller Listing (Booking Request).

If the Seller accepts the Booking Request through the Platform, it becomes a Booking.

When providing services, the Seller Listing may allow the Buyer to book a time for the delivery of that service. It is the Seller’s responsibility to display accurate opening hours for the Buyer to book into. If the time requested by the Buyer is no longer available for the delivery of the service, the Seller must contact the Buyer outside of the Platform to arrange a suitable time for the Booking to be delivered.

By accepting a Booking Request, the Seller confirms that it is legally entitled to and capable of supplying the goods and/or services described in the Booking Request.

Sellers must include all additional terms and conditions relating to their goods and/or services in the relevant Seller Listing or must clearly state that there are additional terms and conditions. By sending a Booking Request, a Buyer is accepting the additional terms and conditions of the relevant Seller.

Seller Listings

It is a Seller’s responsibility to ensure that they have accurately described the goods and/or services to be provided on the Seller Listing, including any applicable Cancellation Fees.

We accept Seller Listings for a wide variety of goods and services, however we do not accept Seller Listings for the sale of any restricted or illegal goods (Prohibited Items). Prohibited Items are limited, but not including alcohol, drugs, pharmaceuticals, firearm, knives or weapons, gambling products, sex services or adult items, animal or wildlife products, financial products, and human remains and body parts.

Add-on Features

As a Seller you may also choose to purchase promotional opportunities, such as a feature in our email marketing or placement on our home page (Add-on Features). Add-on Features are subject to the fees and the terms and conditions as set out in any Promotional Opportunity offer and displayed on the Platform or otherwise communicated to you. Payment for any Promotional Opportunity must be made in advance. We do not make any representations, warranties or guarantees that any Promotional Opportunity will be fit for any particular purpose, will achieve any specified result, or will provide any benefit. In the event of any conflict between any Promotional Opportunity terms and conditions and these Terms, the Promotional Opportunity terms and conditions will prevail.

Accounts

Sellers must register for the Platform and create an account (Seller Account) to access the Platform’s features. Buyers can download the application and browse Seller Listings without creating an account, but must create an account to make a Booking Request (Buyer Account).

You may only have 1 Seller Account 1 Buyer Account Platform.

Seller Accounts

You must provide information when registering for a Seller Account including your business name, ABN, contact name, mobile number, registered business address, and email address and you must choose a password.

We will review your request for an Account before approving the request. We may request additional information to help us verify your Seller Account. If you do not provide us with information we reasonably request, we may refuse to create an Account for you. If you provide us with any information which indicates you are not a fit and proper person to be provided with an Account, we may refuse to provide you with an Account, in our sole discretion.

When you create an Account, you may also select to access additional Platform features through one of our paid  subscription options (Premium Subscriptions). You may choose between different subscription periods (monthly, 6-monthly or annual) as well as different tiers of our subscription offering containing different benefits, as set out on our Platform.

Once you have registered a Seller Account, your Seller Account information will be used to create a profile which you may then curate.

You agree to provide accurate, current and complete information during the registration process and regularly update such information to keep it accurate, current and complete.

We may make access to and use of certain parts of the Platform subject to conditions or requirements, including identity verification, cancellation history, quality of the services, threshold of reviews.

Your Seller Account is personal and you must not transfer it to others, except with our written permission. If a legal entity such as a company has created an account, you, the legal entity, are the Seller Account owner, and regardless of any change in any contact details, you will remain responsible for your Seller Account as set out in these Terms. If you wish to change the Seller Account owner, you must provide us with a written request to transfer the ownership of the Seller Account to the incoming party, which must also include the incoming party’s written consent to take over full responsibility for the Seller Account.

You are responsible for keeping your Account details and your username and password confidential and you will be liable for all activity on your Account, including the listings made on your Seller Account, and the Booking Requests accepted on the Platform. You agree to immediately notify us of any unauthorised use of your Account.

Buyer Accounts

In order to make a Booking Request on the Platform, you must create a Buyer Account.

You must provide information when registering for a Buyer Account including your full name, phone number and email address and you must choose a password. The username you choose must not (1) be offensive or in other ways insulting or (2) contain characteristics which belong to a third party, including names of famous persons, or personal names to which you do not own the rights.

You are responsible for keeping your Account details and your username and password confidential and you will be liable for all activity on your Account, including any Booking Requests or Bookings made on the Platform. You agree to immediately notify us of any unauthorised use of your Account.

Communication

We may contact you via the Platform using in-Account notifications, or via off-Platform communication channels, such as text message or email.

Buyers and Sellers must communicate privately offline using the listed contact details once a Booking has been made.

Payment

It is free to register a Seller Account and Buyer Account on the Platform, or for other users to review content on the Platform, including Seller Listings.

Buyers (applicable to Buyers only)

The Seller Listing will set out the payment terms of the good/ service on offer. You agree that a Seller may decide to charge you a portion of the Listing Fees (Deposit) or the full Listing Fees at the time of making a Booking Request. The Seller may allow you to make a Booking Request without paying any fees. You agree to pay the relevant fees set out in the Seller Listing (Listing Fees) at the time you make a Booking Request, if required as per the terms of the Seller Listing, or as otherwise stipulated by the Seller.  The Seller will collect the Listing Fees in accordance with their payment terms, which will be set out on the Seller Listing.

A Seller may choose to impose a fee which must be paid by you as the Buyer if you choose to cancel your Booking Request at any time after it is made (Cancellation Fee). If you have paid a Deposit or the Listing Fees, the Cancellation Fee will be deducted from this amount, and the remainder will be refunded to you by the Seller.

If the Seller cancels or amends your Booking Request, including changing the date of any service to be provided, you will not be responsible to pay the Cancellation Fee.

Sellers (applicable to Sellers only)

Your Seller Listing must contain your payment terms, including whether any Deposit or Listing Fees are payable by the Buyer at the time of the Buyer making a Booking Request. If any Listing Fees are payable after this time, you should clearly set this out on the Seller Listing. You should also clearly outline whether any Cancellation Fees are payable, and if so, the amount of these Cancellation Fees on the Seller Listing.  You agree to set up an account with Stripe for the purposes of receiving money from Buyers of the Platform. When a Buyer makes a Booking Request, any Listing Fees payable at this time will be paid directly to your Stripe account.

It is free to create a Seller Account and post Seller Listings on our Platform.  You may choose to access more Seller features on our Platform by purchasing a Premium Subscription.

Payment for Premium Subscriptions

Once you have created an Account and chosen a Premium Subscription, you agree to pay the subscription fee set out on the Platform (Subscription Fee) to access/use certain features on the Platform and benefit from your Premium Subscription.

To the extent permitted by law, the Subscription Fee is non-refundable and non-cancellable once paid.

The Subscription Fee will be charged upfront for the term that you select on the Platform on the calendar day corresponding to when you created your Account (Payment Date). In some cases, your Payment Date may change, for example, if payment is unable to be processed or if your Premium Subscription began on a day not contained in a given month.

If you do not cancel your Premium Subscription in accordance with the cancellation clause below, it will be renewed for another term at the end of your current Premium Subscription term. For Sellers on 6-monthly or annual subscriptions, we will notify you 7 days prior to the end of the current Premium Subscription term.

We may modify our Premium Subscriptions and the Subscription Fees from time to time. For month to month Premium Subscriptions, any price changes will apply to you no earlier than 30 days following notice to you. For other Premium Subscriptions, the price changes will apply to you no earlier than the start of your renewed Premium Subscription. The notice may be provided at any time via email or via notification to your Account. If you do not agree to the price change, you may cancel your Premium Subscription in accordance with the cancellation clause below.

Cancelling Premium Subscriptions

You may cancel your Premium Subscription at any time in the My Subscription page (or similar) of your Account settings.

The cancellation will apply to the next term of the Premium Subscription if you cancel your Premium Subscription at least 5 business days before the next Payment Date.

If you cancel your Premium Subscription less than 5 business days before the next Payment Date, you will be charged the Subscription Fee on the next Payment Date and the cancellation will become effective for the following Premium Subscription term.

General (applicable to both Buyers and Sellers)

We provide a number of payment methods on the Platform, including our third party payment processor, currently Stripe. The payment method you choose may be subject to additional terms and conditions imposed by the applicable third party payment processor. By making payment through a third party payment processor, you accept the applicable terms and conditions.

We may from time to time issue promotional discount codes for the Platform. To claim the discount as a Buyer, you must enter the promotional discount code at the time of submitting your Booking Request through the Platform. The conditions of use relating to promotional discount codes will be specified on the Platform at the time they are issued.

In the absence of fraud or mistake, all payments made are final. If you make a payment by debit card or credit card, you warrant that the information you provide to us is true and complete, that you are authorised to use the debit card or credit card to make the payment, that your payment will be honoured by your card issuer, and that you will maintain sufficient funds in your account to cover the payment.

Refunds and Cancellation Policy, and Disputes regarding the Goods/ Services

The cancellation, variation or refund of any services ordered on this Platform is strictly a matter between the relevant Buyer and Seller. The terms and conditions agreed to between the Seller and the Buyer must be set out clearly in the relevant Seller Listing.

For disputes between Buyers and Sellers, we encourage Parties to attempt to resolve disputes (including claims for returns or refunds) with the other Party directly and in good faith through external communication methods. In the event that a dispute cannot be resolved through these means, the Parties may choose to resolve the dispute in any manner agreed between the Parties or otherwise in accordance with applicable laws.

If you are a Buyer and have concerns that a Seller is a fake or fraudulent business, you can ‘Report a Business’ on the Blossom Bookings Platform. We will endeavour to remove any fake or fraudulent businesses from our Platform, but are not responsible for the actions of any Seller on our Platform.

Reviews

Buyers may review their experience with the Seller on the Platform, including the goods and/or services (Review). Sellers cannot respond to a Review on the Platform.

Reviews can be viewed by any user and will remain viewable until the relevant Seller Account or Buyer Account is removed or terminated.

You agree to provide true, fair and accurate information in your Review. If we consider that the Review is untrue, unfair, inaccurate, offensive or inappropriate, we may delete the Review or ban you from posting the Review. We do not undertake to review each Review. To the maximum extent permitted by law, we are not responsible for the content of any Reviews. You can write a Review about a Seller if you have had an experience with that Seller, which means that (1) you have engaged the Seller through the Platform; or (2) you can otherwise document your interaction with the Seller in relation to the Platform, including via correspondence (collectively referred to as a Buyer Experience).

You may not write a review about a Seller you have previously owned, currently own, or which an immediate family member currently owns, or if you are an executive or employee of that Seller, or work for the Seller. Similarly, you may not write a Review about a direct competitor to the Seller you own, are employed by or work for.

Your Buyer Experience or Seller Experience must have occurred in the 12 months prior to you writing a Review.

You may only write about your own Buyer Experience. You are not permitted to write a Review about somebody else’s Buyer Experience, such as that of a family member or friend.

You are encouraged to be specific and factual in your Reviews. If you have been offered an incentive by a Seller to write a Review, you should include information about this in your Review. Incentives include the Seller offering you a gift, reward, discount or advantage for writing a Review about the Seller on the Platform.

If a Seller is concerned that the content of a Review is untrue, unfair, inaccurate, offensive or inappropriate, they may submit a request for us to review the content of the Review (Review Request). We will use our best endeavours to resolve the issue, and may at our discretion, contact either Party to resolve the Review Request. Following the Review Request, we may amend or remove all or part of the Review, if we deem that it is in breach of these Terms.

Content

We may allow you to (1) post, upload, publish, send or receive relevant content and information, including Reviews (User Content) on or through our Platform; and/or (2) access and view User Content and the content and information we make available on the Platform (BlossomBookings Content and together with User Content, Content).

Unless otherwise indicated, we own or licence all rights, title and interest (including Intellectual Property Rights) in our Platform and all of the Content. Your use of our Platform and your use of and access to any Content does not grant or transfer to you any rights, title or interest in relation to our Platform or the Content.

You must not, without the prior written consent of ourselves or the owner of the Content (as applicable) or except as expressly permitted by these Terms, (1) copy or use, in whole or in part, any Content; (2) reproduce, reverse engineer, retransmit, distribute, disseminate, sell, publish, broadcast or circulate any Content designated as paid, exclusive or non-shareable content to any third party; or (3) breach any Intellectual Property Rights connected with our Platform, including by altering or modifying any of the Content, causing any of the Content to be framed or embedded in another website, or creating derivative works from the Content.

Subject to your compliance with these Terms, we grant you a personal, non-exclusive, royalty-free, revocable, worldwide, non-transferable licence to download and use our Platform on your personal device(s) and access and view any Content, in accordance with these Terms.  All other uses are prohibited without our prior written consent.

You grant us a non-exclusive, perpetual, irrevocable, worldwide, royalty free, sublicensable and transferable right and licence to use, view, distribute, communicate, copy, store, modify and exploit in any manner the User Content to provide the Platform and promote the Platform in any media or promotional material.

You agree that you are solely responsible for all User Content that you make available on or through our Platform.  You represent and warrant that (1) you are either the sole and exclusive owner of all User Content or you have all rights, licences, consents and releases that are necessary to grant to us the rights in such User Content as contemplated by these Terms; and (2) neither the User Content nor the posting, uploading, publication, sending or receiving  of the User Content or our use of the User Content on, through or by means of our Platform will infringe, misappropriate or violate a third party’s Intellectual Property Rights, or rights of publicity or privacy, or result in the violation of any applicable law or regulation.

Despite anything to the contrary, to the maximum extent permitted by law, you agree to indemnify us and hold us harmless in respect of any Liability that we may suffer, incur or otherwise become liable for, arising from or in connection with the User Content you make available on or through the Platform, including as a result of an Intellectual Property Breach.

The Content is not comprehensive and is for general information purposes only.  It does not take into account your specific needs, objectives or circumstances, and is not advice.  While we use reasonable attempts to ensure the accuracy and completeness of the Content, to the extent permitted by law, we make no representation or warranty regarding the Content. The Content is subject to change without notice. We do not undertake to keep our Platform up-to-date and we are not liable if any Content is inaccurate or out-of-date.

Warranties

You represent, warrant and agree that:

  1. you will not use our Platform, including the Content, in any way that competes with our business;
  2. there are no legal restrictions preventing you from entering into these Terms;
  3. all information and documentation that you provide to us in connection with these Terms is true, correct and complete;
  4. you have not relied on any representations or warranties made by us in relation to the Platform (including as to whether the Platform is or will be fit or suitable for your particular purposes), unless expressly stipulated in these Terms;
  5. you will be responsible for the use of any part of the Platform, and you must ensure that no person uses any part of the Platform: (1) to break any law or infringe any person’s rights (including Intellectual Property Rights) (2) to transmit, publish or communicate material that is defamatory, offensive, abusive, indecent, menacing or unwanted; or (3) in any way that damages, interferes with or interrupts the supply of the Platform;
  6. where you are a Seller, you are responsible for complying with all laws, rules and regulations which apply to providing the goods and/or services in your Seller Listings, including warranting that you are not selling a Prohibited Item;
  7. where you are a Seller, you are appropriately qualified, and have any required skills, knowledge or training, and any required insurances, to provide the goods and/or services; and
  8. where you are a Seller, you are solely responsible for determining which projects to accept, the type, timing, manner and means, methods or processes of providing your goods and/or services, the price you charge for goods and/or services. You are not our employee and are not entitled to any employment benefits. We do not supervise, direct or control any of the goods and/or services you offer. We do not set your fees, work hours, your schedule or your location. We do not provide you with training, equipment or tools or any materials to provide your goods and/or services. You are responsible for any taxes payable on any fee you receive for your goods and/or services.

Australian Consumer Law

Certain legislation, including the Australian Consumer Law (ACL) in the Competition and Consumer Act 2010 (Cth), and similar consumer protection laws and regulations, may confer you with rights, warranties, guarantees and remedies relating to the provision of the Platform by us to you which cannot be excluded, restricted or modified (Statutory Rights).

If the ACL applies to you as a consumer, nothing in these Terms excludes your Statutory Rights as a consumer under the ACL. You agree that our Liability for the Platform provided to an entity defined as a consumer under the ACL is governed solely by the ACL and these Terms. 

Subject to your Statutory Rights, we exclude all express and implied warranties, and all material, work and services (including the Platform) are provided to you without warranties of any kind, either express or implied, whether in statute, at law or on any other basis.

As a Buyer, the goods and services provided by a Seller may also confer on you certain rights under the ACL.

This clause will survive the termination or expiry of these Terms.

Exclusions to liability

Despite anything to the contrary, to the maximum extent permitted by law, we will not be liable for, and you waive and release us from and against, any Liability caused or contributed to by, arising from or connected with: 

  1. your or your personnel’s acts or omissions;
  2. any use or application of the BlossomBookings Services by a person or entity other than you, or other than as reasonably contemplated by these Terms;
  3. any aspect of the Buyer and Seller interaction including the goods and/or services offered by the Seller, the description of the goods and/or services requested or offered, any advice provided, the performance of services or supply and delivery of goods by the Seller.
  4. any works, services, goods, materials or items which do not form part of the BlossomBookings Services (as expressed in these Terms), or which have not been provided by us;
  5. any third parties or any goods and services provided by third parties, including customers, end users, suppliers, transportation or logistics providers or other subcontractors which the provision of the Platform may be contingent on, or impacted by;
  6. the BlossomBookings Services being unavailable, or any delay in us providing the BlossomBookings Services to you, for whatever reason; and/or
  7. any event outside of our reasonable control.

This clause will survive the termination or expiry of these Terms.

Limitations on liability

Despite anything to the contrary, to the maximum extent permitted by law: 

  1. we will not be liable for Consequential Loss;
  2. each Party’s liability for any Liability under these Terms will be reduced proportionately to the extent the relevant Liability was caused or contributed to by the acts or omissions of the other Party (or any of that Party’s personnel); and
  3. our aggregate liability for any Liability arising from or in connection with these Terms will be limited to us resupplying the BlossomBookings Services to you or, in our sole discretion, to us repaying you the amount of the Service Fees paid by you to us in respect of the supply of the BlossomBookings Services to which the Liability relates.

This clause will survive the termination or expiry of these Terms.

Termination

Your Account and these Terms may be terminated by you at any time, using the ‘Delete Account’ functionality (or similar) in your in the Account page section of your Account settings.

We may terminate these Terms at any time by giving 30 days’ written notice to you (Termination for Convenience).

We may suspend your Account or terminate these Terms immediately upon written notice to you, if:

  1. you (or any of your personnel) breach any provision of these Terms and that breach has not been remedied within 10 business days of being notified by us;
  2. as a Seller you repeatedly receive reviews below 3 stars;
  3. as a Buyer, you repeatedly cancel bookings, create a fake profile, or are subject to repeated Review Requests;
  4. there is any reason outside our control which has the effect of compromising our ability to provide the BlossomBookings Services; or
  5. you are unable to pay your debts as they fall due.

You can terminate these Terms immediately by informing us in writing, if we:

  1. are in breach of a material term of these Terms, and that breach has not been remedied within 10 business days of being notified by you; or
  2. are unable to pay our debts as they fall due; or
  3. provide you with 30 days notice that we will be updating these Terms, and you notify us in writing before the updated Terms take effect that these Terms will cause you material detriment.

Upon expiry or termination of these Terms:

  1. we will remove your access to the Platform;
  2. we will immediately cease providing the BlossomBookings Services;
  3. you agree that, other than where termination is due to our Termination for Convenience, or where we change our Terms and these updated Terms cause you material detriment, that any payments made by you to us are not refundable to you;
  4. where you are a Buyer, we will cancel any existing Bookings and you will lose any Listing Fees and other amounts paid, other than where termination is due to our Termination for Convenience. Where you are a Seller, we will cancel any existing Bookings and refund the relevant Buyers; and
  5. where we terminate the Terms for any reason other than a Termination for Convenience, you also agree to pay us our additional costs arising from, or in connection with, such termination.

Termination of these Terms will not affect any rights or liabilities that a Party has accrued under it. 

This clause will survive the termination or expiry of these Terms.

Notice regarding Apple

To the extent that you are using or accessing our Platform on an iOS device, you further acknowledge and agree to the terms of this clause. You acknowledge that these Terms are between you and us only, not with Apple Inc. (Apple), and Apple is not responsible for the Platform and any content available on the Platform.

Apple has no obligation to furnish you with any maintenance and support services with respect to our Platform.

If our mobile application fails to conform to any applicable warranty, you may notify Apple and Apple will refund the purchase price of the mobile application to you. To the maximum extent permitted by applicable law, Apple will have no other warranty obligation whatsoever with respect to the mobile application and any other claims, losses, liabilities, damages, costs or expenses attributable to any failure to conform to any warranty will be our responsibility.

Apple is not responsible for addressing any claims by you or any third party relating to our mobile application or your use of our mobile application, including but not limited to (1) product liability claims; (2) any claim that our mobile application fails to conform to any applicable legal or regulatory requirement; and (3) claims arising under consumer protection or similar legislation.

Apple is not responsible for the investigation, defence, settlement and discharge of any third-party claim that our mobile application infringes that third party’s intellectual property rights.

You agree to comply with any applicable third-party terms when using our mobile application, including any Usage Rules set forth in the Apple App Store Agreement of Service.

Apple and Apple’s subsidiaries are third-party beneficiaries of these Terms, and upon your acceptance of these Terms, Apple will have the right (and will be deemed to have accepted the right) to enforce these Terms against you as a third-party beneficiary of these Terms.

You hereby represent and warrant that (1) 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 (2) you are not listed on any U.S. Government list of prohibited or restricted parties.

General

Assignment: You must not assign or deal with the whole or any part of your rights or obligations under these Terms without our prior written consent.

Disputes:  In relation to a dispute, controversy or claim arising from, or in connection with, these Terms (including any question regarding its existence, validity or termination) (Dispute) between a Buyer and us, or a Seller and us, a Party may not commence court proceedings relating to a Dispute without first meeting with a senior representative of the other Party to seek (in good faith) to resolve the Dispute. If the Parties cannot agree how to resolve the Dispute at that initial meeting, either Party may refer the matter to a mediator. If the Parties cannot agree on who the mediator should be, either Party may ask the Queensland Law Society to appoint a mediator. The mediator will decide the time, place and rules for mediation. The Parties agree to attend the mediation in good faith, to seek to resolve the Dispute. The costs of the mediation will be shared equally between the Parties. Nothing in this clause will operate to prevent a Party from seeking urgent injunctive or equitable relief from a court of appropriate jurisdiction. This clause will survive termination or expiry of this Agreement.                                     

Email: You agree that we are able to send electronic mail to you and receive electronic mail from you. You release us from any Liability you may have as a result of any unauthorised copying, recording, reading or interference with that document or information after transmission, for any delay or non-delivery of any document or information and for any damage caused to your system or any files by a transfer.

Force Majeure: We will not be liable for any delay or failure to perform our obligations under these Terms if such delay is due to any circumstance beyond our reasonable control.

Governing law: These Terms governed by the laws of Queensland.  Each Party irrevocably and unconditionally submits to the exclusive jurisdiction of the courts operating in Queensland and any courts entitled to hear appeals from those courts and waives any right to object to proceedings being brought in those courts. 

Notices: Any notice given under these Terms must be in writing addressed to us at the address at the end of these Terms or to you at the address in your Account. Any notice may be sent by standard post or email, and will be deemed to have been served on the expiry of 48 hours in the case of post, or at the time of transmission in the case of transmission by email.

Relationship of Parties: These Terms are not intended to create a partnership, joint venture, employment or agency relationship between the Parties.

Severance: If a provision of these Terms is held to be void, invalid, illegal or unenforceable, that provision is to be read down as narrowly as necessary to allow it to be valid or enforceable, failing which, that provision (or that part of that provision) will be severed from these Terms without affecting the validity or enforceability of the remainder of that provision or the other provisions in these Terms.

Definitions

Consequential Loss includes any consequential loss, indirect loss, real or anticipated loss of profit, loss of benefit, loss of revenue, loss of business, loss of goodwill, loss of opportunity, loss of savings, loss of reputation, loss of use and/or loss or corruption of data, whether under statute, contract, equity, tort (including negligence), indemnity or otherwise.

Intellectual Property means any domain names, know-how, inventions, processes, trade secrets or confidential information; or circuit layouts, software, computer programs, databases or source codes, including any application, or right to apply, for registration of, and any improvements, enhancements or modifications of, the foregoing.

Intellectual Property Rights means for the duration of the rights in any part of the world, any industrial or intellectual property rights, whether registrable or not, including in respect of Intellectual Property.

Intellectual Property Breach means any breach by you or any of your Personnel) of any of our Intellectual Property Rights (or any breaches of third party rights including any Intellectual Property Rights of third parties).

Liability means any expense, cost, liability, loss, damage, claim, notice, entitlement, investigation, demand, proceeding or judgment (whether under statute, contract, equity, tort (including negligence), indemnity or otherwise), howsoever arising, whether direct or indirect and/or whether present, unascertained, future or contingent and whether involving a third party or a party to these Terms or otherwise.

For any questions or notices, please contact us at:

Blossombookings Pty Ltd ABN 37 642 323 457

Email: support@blossombookings.com.au

Last update: 8 October 2021

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