Terms of Use

Last updated: 26-May-2016

Purpose This document sets out the rules for the use of a website or mobile device application.
Party 1 Name Provider
Party 2 Name User
Jurisdiction Australia


1.  Introduction to terms


  • The Interface is owned and operated by Provider. The Interface is an application designed for browsing and purchasing items on the OpenBazaar Network.
  • User agrees and acknowledges that the Interface is a mere gateway to the OpenBazaar Network, and to transactions in Bitcoin. User agrees and acknowledges that the Provider has no control whatsoever over the OpenBazaar Network and transactions that take place with Bitcoin.
  • This document will form an agreement between You and Provider when You check the tick box that states: “I have read and agree to these terms and conditions and privacy policy”.
  • By checking the tick box, You warrant in your personal capacity that You currently have the authority to create a contractually binding relationship between User and Us under the Terms.
  • User agrees not to use the Interface if User does not agree to any part of the Terms.


2.  Agreement formation


  • This document will form a binding agreement between You and Us when you check the tick box that states “I have read and agree to these terms and conditions and privacy policy”.
  • By check the tick box, You warrant in your personal capacity that You currently have the authority to create a contractually binding relationship between You and Us for the duration of the Agreement.


3.  Conditions of Use


Provider grants User a limited and revocable license to view and use the Interface, and to register an Account, in accordance with the Terms if User:

  • complies with the Terms;
  • is over the age of 18 years;
  • is capable of forming binding contracts;
  • is not breaking any law by accessing and using the Interface (by reference to laws in User’s jurisdiction and Provider’s);
  • uses the Interface only in the way that it is designed to be used; and
  • does not engage in any improper, indecent, bullying, harassing, offensive or illegal conduct while using the Interface (as determined by Provider at its sole and absolute discretion).
Provider may immediately revoke the licence to use the Interface if User breaches any of the conditions above at the sole and absolute discretion of the Provider.


4.  Accounts


  • In order to access certain parts and functionality of the Interface, User must register an Account.
  • When User registers an Account, User undertakes to:
    • provide information during the registration process that is accurate and complete in all respects; and
    • represent him or herself only, and not impersonate any other person while using the Interface.
  • Users are solely responsible for:
    • the use of their Account, regardless of who is using it, even if it is used without their permission; and
    • keeping their username and password secure.


5.  Provider’s relationship to transactions between users


  • The Interface allows people to purchase goods and services on the OpenBazaar Network. User agrees and acknowledges that Provider is not responsible for anything other than providing access to the OpenBazaar Network.
  • User agrees and acknowledges that Provider’s provision of the Interface does not constitute advice of any kind by Provider.
  • Provider is not responsible for transactions or interactions that occur between Users and Sellers on the Interface.
  • Provider does not make any warranties in relation to any services rendered or goods and information provided by Users, or transactions entered into between Users and Sellers on the Interface.
  • Provider is not responsible for ensuring that any goods or services Sellers provide on the Interface are of the standard expected by Users.
  • Provider is not responsible for User or Seller conduct in any way whatsoever.
  • Provider does not make any warranties in relation to any services rendered, goods sold or information provided by Sellers or Users.
  • User is responsible for ensuring that any goods and services provided by Sellers on the Interface are of the standard expected by User.


6.  Content on the Interface


  • All Content is for informational purposes only, and is to be used or relied on at User’s own risk.
  • Provider makes no warranty or representations as to the accuracy of the Content.


7.  Changes and Errors by Provider


Provider reserves the right to do any of the following, at its absolute discretion, without notice:

  • change any price;
  • correct any errors in Content or on the Interface;
  • update the Interface; or
  • change the Interface or Content in any way.


8.  Errors


User agrees and acknowledges that there may be technical or administrative errors in the information on the Interface, including but not limited to errors with respect to product description, pricing and availability.
Provider reserves the right to do any of the following, at its absolute discretion, without notice:

  • correct any errors in Content or on the Interface;
  • update the Interface; or
  • change the Interface or Content in any way.


9.  Payments


  • Prices on the Interface are generally shown in Fiat Currency. These prices are estimates only, owing to fluctuations in Bitcoin denomination.
  • When User confirms a purchase, transaction prices will be shown in Bitcoin.
  • User must pay all fees charged on the Interface, as required, on demand, in full and without set-off.
  • Unless stated otherwise on the Interface, and insofar as permissible under laws, there are no refunds for payments to Sellers, and the User acknowledges and agrees that the Provider has no control whatsoever over refunds in Bitcoin.


10. Tax


This topic states that User is responsible for paying all government charges or duties of any kind incurred in or in connection with purchases on the Interface. Such charges include without limitation all stamp duties, GST, financial institution duties, and any other charges or duties of a like kind.


11. Posted Content


In respect of Posted Content, User warrants that it is not:

  • uploaded in breach of the Intellectual Property Rights of any third party;
  • uploaded in breach of any law under the Privacy Act 1988 (Cth);
  • affected by any computer virus or malicious code;
  • connected with “spam” or the process of “spamming”;
  • in breach of any other clause of the Terms; or
  • false, defamatory, misleading or otherwise deceptive in any way;
  • financial, legal, medical or other professional advice;
  • illegal or adult material; or
  • material that is likely to offend, insult or humiliate based on race, religion, ethnicity, gender, age, sexual orientation.
User agrees that any comments or opinions that User expresses in Posted Content will be fair, accurate and genuinely held at the time of communication.


12. Provider not responsible for Posted Content


Provider makes no warranties as to the accuracy of any Posted Content, and will accept no liability for errors or omissions in general.


13. Licence of Posted Content and Provider powers


  • By posting or uploading Posted Content, User grants an irrevocable, non-exclusive, transferrable, perpetual, unlimited, sub-licensable licence to Provider to deal with the Posted Content for any purpose.
  • Provider reserves the right, at its absolute discretion, to remove, amend, edit or in any other way change any Posted Content, or to request User to do so. User agrees to comply.
  • The Provider has a Privacy Policy, and personal information is managed in accordance with this document.


14. Comments, Reviews and Ratings


  • A comment, review and ratings system is available on the Interface. User accepts that Posted Content could be discussed on the Interface.
  • User agrees that any comments, reviews or feedback that it makes will be fair, accurate and genuinely held by User.
  • Provider reserves the right to remove any comments, feedback or ratings at Provider’s sole discretion, to the extent that the Provider is able to.


15. Privacy and Data Retention


  • Provider may collect and store Data.
  • Provider’s Privacy Policy explains:
    • how Provider collects and stores Personal Information; and
    • under what conditions Provider shares such information.
  • User acknowledges and accepts the terms and conditions of the Privacy Policy.
  • Provider reserves the right to share or disclose User’s Data in order to maintain the Interface and comply with any relevant laws.


16. Third Party Websites and Advertising


  • The Interface may contain hyperlinks, images, banners, information or advertising from sellers or Third Parties. User consents to receiving this information as part of User’s use of the Interface.
  • Provider is not responsible for any information transmitted by Third Parties nor is Provider responsible for the accuracy of any advertisements.
  • User’s link to any Third Party website, or decision to accept any Third Party offer, is entirely at User’s own risk.


17. Intellectual Property Rights


  • All title, ownership rights and Intellectual Property Rights, including copyright, in the Interface is owned or used under licence by Provider.
  • User may make whatever copies of the Interface are necessary for ordinary browsing.
  • Otherwise, without the express written permission of Provider, User shall not:
    • replicate all or part of the Interface in any way, including for private and domestic use;
    • incorporate all or part of the Interface in any other webpage, site, application or other digital or non-digital format; or
    • copy, alter, use or otherwise deal in Provider’s trade marks without the prior written consent of Provider.


18. Complaints about the Interface


  • In the event of a dispute with a Seller, User agrees to work in good faith to resolve the dispute. User agrees and acknowledges that any such dispute is to be resolved between it and Sellers directly, without the involvement of Provider in any way whatsoever.
  • If User has a complaint in connection with the Interface for which User considers that Provider is liable, User must report it in writing to Provider within 10 days of the circumstances giving rise to the complaint first occurring. Provider may or may not, at its sole discretion, investigate User’s complaint, depending on the nature of the complaint.
  • If User is not satisfied with Provider’s action in relation to a complaint, User must formally notify Provider of User’s complaint with a written notice which includes, or is accompanied by, full and detailed particulars of the complaint.
  • Within 10 days after such a notice is given, a representative of Provider will respond to the Complaint Notice in writing.
  • In accordance with this section, and to the fullest extent available under the law, User agrees not to bring any court or tribunal proceedings against Provider in respect of any complaint unless User complies with the requirements of this section (but subject always to any rights User may have under the Competition and Consumer Act 2010 (Cth) or any equivalent legislation).


19. Exclusion of express warranties


User uses the Interface its own risk. Provider makes no warranties or guarantees, implied or express:

  • that the Interface will be accessible at all times, uninterrupted or error free;
  • that the Interface is without bugs or viruses;
  • that products for sale are legal in User’s country;
  • that Sellers are reputable or in good standing;
  • that the Interface is immune to unauthorised access or security breach; and
  • in respect of the retention of, or continued accessibility of, any Data.


20. Limitation of liability


Implied Conditions
Provider excludes all implied guarantees, conditions and warranties from the Terms and the Interface, except any Non Excludable Condition.
Limitation of Liability
Provider limits to the Liability Cap all other liability to User for any Costs, including Consequential Loss, suffered or incurred directly or indirectly by User in connection with the Terms or the Interface, including in connection with:

  • the conduct of any Seller;
  • the operation of the OpenBazaar Network in any way;
  • failure of any third party component including, without limitation, software failure, hardware failure, network failure, or power failure;
  • the Interface being inaccessible to that User for any reason;
  • incorrect or corrupt Data or Content, lost Data or Content, or any inputs or outputs of the Interface;
  • computer virus, trojan and other malware in connection with the Interface;
  • security vulnerabilities in Interface or any breach of security that results in unauthorised access to or corruption of Data;
  • failure of any third party software including, without limitation, the operating system and any other software;
  • any unlawful activity by the User;
  • the User’s participation in any experiments, beta software or pilots;
  • any personal injury or death arising directly or indirectly in connection with the Interface;
  • any loss or damage to property arising directly or indirectly in connection with the Interface;
  • any unauthorised activity in relation to the Interface;
  • any act or omission of the Provider, its personnel or any related body corporate under or in relation to the Terms;
  • the Provider’s breach of the Terms;
  • the termination of the Terms;
  • the User’s failure to fulfil its obligations under the Terms; and
  • any delay in the provision of the Interface.
Non Excludable Condition
Where a Non Excludable Condition is deemed to apply, to the fullest extent possible under the law, Provider limits its liability for any breach to:
  • in the case of goods:
    • the re-supply of the goods or payment of the cost of the re-supply of the goods; or
    • the replacement or repair of the goods or payment of the cost of replacement or repair of the goods; and
  • in the case of services:
    • the re-supply of the services affected by the breach; or
    • the payment of the cost of such re-supply of the services.


21. Indemnity


User indemnifies the Indemnified against all Costs suffered or incurred by the Indemnified, however caused, arising wholly or partially, directly or indirectly, in connection with the Terms or User’s use of the Interface, including any Costs arising directly or indirectly from:

  • the conduct of any Seller;
  • the operation of the OpenBazaar Network in any way;
  • the operation of or transactions in Bitcoin;
  • User’s breach of the Terms;
  • User or any authorised user’s infringement of any third party Intellectual Property Rights while using the Interface;
  • any harm to, claim or action by a third party;
  • any personal injury or death;
  • any damage to property;
  • any unlawful acts or omissions;
  • any claim, action or suit by a third party alleging infringement of their Intellectual Property Rights as a result of the conduct of the User;
  • any negligent or unlawful act or omission by the User;
  • the Provider’s or a third party’s reliance on a misleading representation made by a User or a Seller;
  • a contract in force between the User and a third party connected with the Interface;
  • any complaints process initiated by a person under privacy law; or
  • any other cost incurred by the Provider as a result of a person pursuing rights conferred upon them by privacy law.


22. Conditions of indemnity


  • The Indemnities in the Terms are subject to Non Excludable Conditions to the extent of any inconsistency, and apply to the fullest extent permissible by law.
  • The Indemnified may make a claim under indemnities in the Terms in relation to a Cost before having incurred the Cost, or before making a payment in relation to the Cost.
  • The indemnities in the Terms shall be in addition to any damages for breach of contract to which Provider may be entitled. Nothing in the indemnities in the Terms will be construed so as to prevent Provider from claiming damages in relation to User’s breach of any term of the Terms.


23. Termination


  • Either User or Provider may end the agreement arising from the Terms immediately for any reason by giving the other party written notice or terminating their account.
  • Where the Terms have been terminated User must immediately cease to use the Interface and delete it from the User’s devices.
  • Termination of the Terms does not affect the parties’ rights in respect of periods before the termination of the agreement.
  • After termination, Provider will continue to have the right, but not the obligation, to monitor Posted Content on the Interface, to determine compliance with the Terms and any other operating rules established by Provider.


24. Communications


  • Provider is permitted to send password reset emails to User.
  • Communications must be in writing.
  • Either party may serve any Communication on the other party by sending it to that party’s email address.
  • A Communication by email will be taken to have been received by the addressee 24 hours after the email was sent, unless the party sending the email knows or reasonably ought to suspect that the email was not delivered to the addressee’s domain specified in the email address.
  • The email for Provider is info@gzook.com. The email for User is the email used by User to setup an Account on the Interface.
  • The postal address for Provider is P.O. Box 114, Bulimba QLD 4171, Australia.


25. Amendment


  • This topic states that the provider may make changes to the Terms at its sole discretion by providing User with a period of notice that Provider determines to be reasonable.
  • If User chooses to unsubscribe from Provider’s mailing list, Provider will not have the ability to notify User of changes to the Terms, and it will be User’s responsibility to regularly check the Terms https://bazaarhound.gzook.com/legal/termsofuse
  • By continuing to use the Interface after an amendment to the Terms, User agrees to be bound by the Terms as amended.


26. Relationship of parties


The relationship between Provider and User under any Terms does not form a joint venture or partnership.


27. Assignment and novation


  • User cannot assign, novate or otherwise transfer any of its rights or obligations under the Terms without the prior written consent of Provider.
  • Provider may assign, novate or otherwise transfer any of its rights or obligations under any Terms to a third party without notice to, or the prior consent of, User, but if Provider requires, User will sign any documents to give effect to an assignment, novation or transfer by Provider under this clause.


28. Governing law


The laws of the state of Queensland govern the Terms and each party submits to the non-exclusive jurisdiction of the courts in that jurisdiction.


29. General and interpretation


Further assurances
The parties agree to do everything required to give full effect to the Terms.
Entire agreement
The Terms and any other document incorporated by reference constitute the entire legal agreement. The parties agree that they have not relied on any representation or statements outside the terms of the Terms.
Counterparts
The documents constituting the Terms may be executed in multiple counterparts. The counterparts will be read as 1 legal document.
Waiver
No right or obligation under the Terms will be waived unless the waiver is explicitly waived in writing.
Severance
Any unenforceable or invalid term of the Terms will be severed to the extent of the unenforceability or invalidity without affecting any other term in the Terms.
Binding on successors
The Terms are binding on each party’s successors and permitted assigns.
Terms expenses
The parties will cover their own expenses in preparing the Terms documents.
Interpretation
Unless the terms and conditions of the Terms explicitly state otherwise, the Terms will be interpreted as follows:

  • a reference to a party includes that party’s permitted assigns, administrators, successors, executors, legal representatives and any novated party;
  • any reference to a trustee includes any substituted or additional trustee;
  • unless used for the usual grammatical purpose, inverted commas around a term indicate industry jargon that will be interpreted according to how that term would be understood by an individual with expertise in the relevant industry;
  • “including”, “includes” or any derivation of those words does not limit the matter in question to the things specifically mentioned in the applicable context;
  • where a term is defined, other grammatical forms of that term will be taken to have the same meaning;
  • headings are for convenience and will not affect interpretation;
  • words in the singular will be taken to include the plural and also the opposite;
  • a reference to a document will be to that document as updated, varied or amended;
  • a document referenced by the Terms will not take precedence over the referencing document;
  • when any kind of legislative instrument is referenced, the reference will be taken to be that instrument as updated or substituted for by the legislative body in any way;
  • where a “URL” is mentioned, the non-operation of the “URL” will not render the rights and obligations associated with it invalid;
  • any referenced digital resource may be replaced with another digital resource that is a “copy” of the original resource;
  • a reference to a party’s conduct includes omissions as well as acts;
  • if a party is described as having discretion in a matter, the discretion in that matter will be interpreted as sole and absolute; and
  • where a party is required to do “anything necessary”, this includes executing agreements and other legal instruments.


30. Definitions


Account, Accounts
means a membership account on the Interface.
Bitcoin
means the electronic denomination operating under the protocols described at https://bitcoin.org/en/.
Communication, Communications
means any written communication including each notice, consent, approval, request and demand under or in connection with the Terms.
Complaint Notice
means the notice provided by User to Provider as described in the clause entitled “Complaints about the Interface”.
Content
means all information, graphics, HTML, text, software and materials on the Interface.
Cost, Costs
means any costs, expenses, losses, damages, claims, demands, proceedings, and other liability.
Data
means information that User uploads to the Interface including account registration information, Personal Information and Posted Content.
Fiat Currency
means the currency of the User’s country.
Indemnified
means Provider and its directors, employees, contractors and agents.
Intellectual Property Right, Intellectual Property Rights
means all present and future rights conferred by statute, common law or equity in or in relation to business names, circuit layouts, computer software, confidential information, copyright, designs, domain names, formulas, inventions, knowhow, patents, plant varieties, recipes, trade marks, and other results of intellectual activity in the industrial, commercial, scientific, literary or artistic field, the benefit of any application to register such a right and the benefit of any renewal or extension of such a right.
Interface
means the mobile device application and website known as “Bazaar Hound”, along with any associated digital services, which are used to browse and interact with the OpenBazaar Network. A reference to use of the Interface also refers to use of the Content.
Non Excludable Condition, Non Excludable Conditions
means any guarantee, condition or warranty (such as the consumer guarantees implied by the Competition and Consumer Act 2010 (Cth)), which cannot by law be excluded.
OpenBazaar Network
means a distributed network of buyers and sellers, operating under the principles and protocols described at https://openbazaar.org/.
Personal Information
has the meaning given to that term in the Privacy Act 1988 (Cth).
Posted Content
means any Content that User uploads to the Interface.
Privacy Policy
means the Provider’s privacy policy.
Sellers
means sellers on the OpenBazaar Network.
Terms
means the legally binding contract arising between the parties composed of the terms and conditions in this document.
Third Party, Third Parties
means third party businesses, people and websites.
Us
means the Provider.
You
means you, the user, or the entity that you are signing for, known in this document as the User.