TERMS & CONDITIONS
2. Electronic communications
When you use the website or send e-mails, text messages, and other communications from your desktop or mobile device to us, you are communicating with us electronically. We may communicate with you electronically in a variety of ways, such as by e-mail, text, or by posting e-mail messages or communications on the website. For contractual purposes, you consent to receive communications from us electronically and you agree that all agreements, notices, disclosures and other communications that we provide you electronically satisfy any legal requirement that such communications be in writing, unless mandatory applicable laws specifically require a different form of communication.
3. Licence and access
Subject to your compliance with these Terms and Conditions and applicable Service Terms and your payment of any applicable fees, Bloom & Grow or its content providers grant you a limited, non-exclusive, non-transferable, non-sublicensable licence to access and make use of the website. This licence does not include any collection and use of any product listings, descriptions, or prices; any derivative use of the website or its contents; any downloading or copying of account information for the benefit of another person or business; or any use of data mining, robots, or similar data gathering and extraction tools.
All rights not expressly granted to you in these Terms and Conditions or any Service Terms are reserved and retained by Bloom & Grow or its licensors, suppliers, publishers, rights holders, or other content providers. No part of the website may be reproduced, duplicated, copied, sold, resold, visited, or otherwise exploited for any commercial purpose without our express written consent. You may not frame or use framing techniques to enclose any trademark, logo or other proprietary information (including images, text, page layout, or form) of Bloom & Grow or those of any of the Bloom & Grow Products without our express written consent. You may not use any meta tags or any other “hidden text” utilising Bloom & Grow’s names or trademarks without our express written consent.
You may not misuse the website. You may use the website only as permitted by law. The licences granted by Bloom & Grow terminate if you do not comply with these Terms and Conditions or any Service Terms.
4. Other business and Bloom & Grow’s role
Parties other than Bloom & Grow operate stores, provide services, or sell product lines on the website. In addition, we provide links to the sites of affiliated companies and certain other businesses. We are not responsible for examining or evaluating, and we do not warrant the offerings of, any of these businesses or individuals or the content of their websites. Bloom & Grow does not assume any responsibility or liability for the actions, product, and content of all of these or any other third parties. You can tell when a third party is involved in your transactions, and we may share your information related to those transactions with that third party. You should carefully review their privacy statements and other conditions of use.
Bloom & Grow allows third party sellers to list and sell their products on the website. In each such case this is indicated on the respective product detail page. While Bloom & Grow as a platform provider helps facilitate transactions that are carried out on the third party seller platform, in each such case Bloom & Grow is neither the buyer nor the seller of the seller’s items. Bloom & Grow provides a venue for sellers and buyers to negotiate and complete transactions. Accordingly, the contract formed at the completion of a sale for these third party products is solely between buyer and seller. Bloom & Grow is not a party to this contract nor assumes any responsibility arising out of or in connection with it nor is it the seller’s agent. The seller is responsible for the sale of the products and for dealing with any buyer claims or any other issue arising out of or in connection with the contract between the buyer and seller.
5. Copyright, authors’ rights and database rights
All content included in or made available through the website, such as text, graphics, logos, button icons, images, audio clips, digital downloads and data compilations is the property of Bloom & Grow or its suppliers and is protected by Hong Kong and international copyright, authors’ rights and database right laws. The compilation of all content included in or made available through the website is the exclusive property of Bloom & Grow and is protected by Hong Kong and international copyright and database right laws.
You may not extract and/or re-utilise parts of the content of the website without our express written consent. In particular, you may not utilise any data mining, robots, or similar data gathering and extraction tools to extract (whether once or many times) for re-utilisation any substantial parts of the content of the website, without our express written consent. You may also not create and/or publish your own database that features substantial parts of the website (e.g. our prices and product listings) without our express written consent.
6. Intellectual property claims
Bloom & Grow respects the intellectual property of others. If you believe that your intellectual property rights have been used in a way that gives rise to concerns of infringement, please contact us using the contact details below and we will respond. Upon receipt of such a notice, we may take certain actions, including removing information or an item, all of which are taken without any admission as to liability and without prejudice to any rights, remedies or defenses, all of which are expressly reserved. Furthermore, in contacting Bloom & Grow about such concerns, you grant to Bloom & Grow the right to use, reproduce, modify, adapt, publish, translate, create derivative works from, and display its content throughout the world in any media. This includes forwarding your concerns to the parties involved in the provision of the allegedly infringing content. You agree to indemnify Bloom & Grow for all claims brought by a third party against Bloom & Grow arising out of or in connection with the submission of your concerns to Bloom & Grow.
Note on third party seller listings: Please keep in mind that third party seller listings are merely hosted on the website and are posted solely at the discretion of third party sellers.
Important Warning: giving false, misleading or inaccurate information to Bloom & Grow of intellectual property right violations may result in civil and/or criminal liability. You should contact a legal advisor should you have any questions.
7. Reviews, comments, communications and other content
Visitors to the website may post reviews, comments and other content; and submit suggestions, ideas, comments, questions or other information, as long as the content is not illegal, obscene, abusive, threatening, defamatory, invasive of privacy, infringing of intellectual property rights, or otherwise injurious to third parties or objectionable and does not consist of or contain software viruses, political campaigning, commercial solicitation, chain letters, mass mailings or any form of “spam”. You may not use a false e-mail address, impersonate any person or entity, or otherwise mislead as to the origin of a card or other content. We reserve the right (but not, unless required by applicable law, the obligation) to remove or edit such content.
If you believe that any content on or advertised for sale on the website contains a defamatory statement, or that your intellectual property rights are being infringed by an item or information on the website, please notify us in writing using the contact details below and we will respond. Because many products are listed and many customer reviews and comments are hosted on the website, it is not possible for us to be aware of the contents of each product listed for sale, or each customer review or comment that is displayed. Accordingly, we operate on a “notice and action” basis.
Important Warning: giving false, misleading or inaccurate information to Bloom & Grow of defamatory content on the website may result in civil and criminal liability.
If you post content or submit material, and unless we indicate otherwise, you grant: (a) Bloom & Grow non-exclusive, royalty-free and fully sublicensable and transferable rights to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, and display such content throughout the world in any media; and (b) Bloom & Grow, its sublicensees and transferees the right to use the name that you submit in connection with such content, if they choose. No moral rights are assigned under this provision.
You agree that the rights you grant above are irrevocable during the entire period of protection of your intellectual property rights associated with such content and material. To the extent permitted by law, you agree to waive your right to be identified as the author of such content and your right to object to derogatory treatment of such content. You agree to perform all further acts necessary to perfect any of the above rights granted by you to Bloom & Grow including the execution of deeds and documents, at our request.
You represent and warrant that you own or otherwise control all of the rights to the content that you post; that, as at the date that the content or material is posted: (i) the content and material is accurate; and (ii) use of the content and material you supply does not breach any applicable policies or guidelines and will not cause injury to any person or entity (including that the content or material is not defamatory). You agree to indemnify Bloom & Grow for all claims brought by a third party against Bloom & Grow arising out of or in connection with the content and material you supply except to the extent that any liability arises from our failure to properly remove the content after we have been notified of the illegal nature of the content arising out of or on the grounds of, or originating from the content that you have communicated to us.
8. Our liability
We will do our utmost to ensure that availability of the website will be uninterrupted and that transmissions will be error-free. However, due to the nature of the internet, this cannot be guaranteed. Also, your access to the website may also be occasionally suspended or restricted to allow for repairs, maintenance, or the introduction of new facilities or services. We will attempt to limit the frequency and duration of any such suspension or restriction.
Bloom & Grow will not be responsible for (i) losses that were not caused by any breach on our part, or (ii) any business loss (including loss of profits, revenue, contracts, anticipated savings, data, goodwill or wasted expenditure), or (iii) any indirect or consequential losses that were not foreseeable to both you and us when you commenced using the website.
We will not be held responsible for any delay or failure to comply with our obligations under these conditions if the delay or failure arises from any cause which is beyond our reasonable control. This condition does not affect your legal right to have goods sent or services provided within a reasonable time or to receive a refund if goods or services ordered cannot be supplied within a reasonable time owing to a cause beyond our reasonable control.
The laws of some countries do not allow some or all of the limitations described above. If these laws apply to you, some or all of the above limitations may not apply to you and you might have additional rights.
Nothing in these conditions limits or excludes our responsibility for fraudulent representations made by us or for death or personal injury caused by our negligence or wilful misconduct.
9. Applicable law
These conditions are governed by and construed in accordance with the laws of Australia, and the application of the United Nations Convention of Contracts for the International Sale of Goods is expressly excluded. We both agree to submit to the non-exclusive jurisdiction of Australia Court in the local region that Bloom & Grow Australia Pty Ltd registers.
10. Alterations to service or amendments to the Terms and conditions
We reserve the right to make changes to the website, any Trunki Products, policies, terms and conditions including these Terms and Conditions, and Service Terms at any time. You will be subject to the terms and conditions, policies and Conditions of Use in force at the time that you use the website. If any of these Conditions of Use is deemed invalid, void, or for any reason unenforceable, that condition will be deemed severable and will not affect the validity and enforceability of any remaining condition.
If you breach these Terms and Conditions and we take no action, we will still be entitled to use our rights and remedies in any other situation where you breach these Terms and Conditions.
We do not sell products for purchase by children. We sell children’s products for purchase by adults. If you are under 18 you may use the website only with the involvement of a parent or guardian.
13. Our contact details
This website is owned and maintained by Bloom & Grow Australia Pty Ltd.
Bloom & Grow Australia Pty Ltd
PO Box 1035, Bibra Lake DC