Shopper Terms of Use

Booop Pty Ltd (ACN 657 815 220) and its associated entities (together, “Booop”, “we”, “us”) provides an interactive mobile retail store checkout experience. By scanning the QR code at participating Retailers, You will be directed to our Website, view additional photos and information on the Products and may purchase the Products by entering your nominated payment method on the Website. You may then show the shop assistant your purchase receipt on your phone and leave the store without queuing up at the physical checkout.

Any reference in these Terms to “you” or “your” or “Customer” means any person accessing, viewing or using the Website and/or Services including a Retailer.

These Terms of Use describes your rights and obligations when you access, navigate and use our website (booop.it) and our social media pages (collectively, our “Website”) and use our Services.

By accessing, navigating and using the Services and or Website or otherwise dealing with Booop, you agree to be bound by these Terms and Booop’s Privacy Policy located at booop.it/privacy-policy. If you do not agree to these Terms, then you must cease using the Services or the Website.

Booop may amend these Terms at any time at its sole discretion. By continuing to use the Website and or Services, you will be deemed to have accepted any revised terms from the date that they are published on the Website.

Booop reserves its rights to investigate and take appropriate legal action for any illegal and/or unauthorised use of the Services, the Website or breach of these Terms.

You acknowledge and agree that:

• you will pay for all Products that you purchase form a Retailer in accordance with these payment terms and that you will pay the purchase price as displayed on the Website;
• all purchase prices specified, and payments collected will be inclusive of all applicable taxes where required by law (including GST);
• you will abide by any additional conditions of purchase displayed or otherwise notified to you at each Retailer;
• you will not leave the premises of the Retailer with the Products you intend to purchase until you have paid in full for the Products you intend to purchase;
• you will show the receipt or proof of purchase on your mobile device for your Products when requested by the Retailer; and
• the purchase price or availability of the Product as displayed on the Services and Website may differ from time to time to the purchase price of the Product advertised at the Retailer.

Booop warrants that it has the right to collect payments for Products from you using our Services on behalf of the Retailers. When you pay the purchase price using our Services, you discharge your obligations to pay the Retailer directly for the Products.

You agree to use, via Booop, third party payment processors including but not limited to Stripe (“Payment Processors”).

The processing of payments or credit cards are subject to the terms, conditions and privacy policies of your credit card issuer and the Payment Processors in addition to these Terms. The terms and conditions and privacy policies for the Payment Processors can be accessed at their websites. Booop is not responsible for any errors by the Payment Processor or credit card issuer.

You warrant that you are the authorised user of any payment method that you use in connection with the Services and the Website and you acknowledge the Booop is not liable for any unauthorised use of any payment method.

Each Retailer will have its own refund policy displayed in store. You agree to abide by each individual Retailer’s refund policy and terms.

You agree that you cannot cancel a Purchase once you have made it through our Website and you must contact and seek a refund from the Retailer directly who can initiate a refund or reversal through Booop.

You agree that Retailers have the sole discretion to reject or refuse your Purchase. If your Purchase refused by the Retailer, you will receive a refund in accordance with the Retailer’s refund policy.

To use the Services, you acknowledge and agree that you will be providing Booop with information that could personally identify you (including name, credit card information, billing address, phone and email address) and you acknowledge that Booop may collect your personal information, your location, and your browsing and Purchase history (“Your Data”). You consent to the collection of Your Data and agree that all information collected will be dealt with in accordance with our Privacy Policy. You consent to the sharing of Your Data with the Retailer, the Payment Processor to facilitate your payments or KYC purposes and third parties from time to time for research and marketing purposes.

You acknowledge and agree that Booop may send electronic messages to your contact telephone number or email address. You agree that by using the Services you consent to Booop sending you electronic messages. We will send you messages related to your Purchase and we may send you direct marketing communications and information about other services that we consider may be of interest to you. You can opt out of receiving direct marketing communications and information at any time.

Booop grants you a non-exclusive, non-transferable licence to access, use and navigate the Services and Website subject to you complying with these Terms.

If you purchase Products that are legally required to be sold to persons over 18 years of age (“Age Restriction Products”), you warrant that you are over the age of 18 years. You agree that it is the responsibility of the Retailer to comply with all laws in relation to the selling of Age Restriction Products and ensuring that a Customer is over the age of 18 years.

You acknowledge that:

• Booop acts only as a checkout intermediary between the Customer and the Retailer and is not liable if the Retailer does not stock or make the required Products or quantity of Product available or refuses to accept your Purchase;
• Booop does not guarantee that Products purchased is of a certain quality;
• Booop does not guarantee that any of the information displayed on its Website on a Product (which is created by Retailers) are accurate. You acknowledge it may include incorrect information, technical inaccuracies and typographical errors and Booop is not liable for any errors in representation;

Although Booop will use its best endeavours to provide the Service to you, you acknowledge and agree the Services and the Website will, from time to time, change without notice to you and the content of the Website may contain out-to-date information at the time you are viewing it or the Service may be interrupted at the time you wish to use it. We do not guarantee that your access to the Services and/or the Website is free from viruses or any other malware which may damage any device or data as a result of access to the Services or Website. You acknowledge Booop is not liable for any direct or indirect loss or damages arising from your use or reliance on the Service of Website to the full extent permitted by law.

You agree that Booop may conduct maintenance of the Services or Website at any time and that this maintenance may interrupt your access to the Services or Website.

We reserve our rights to suspend or terminate your access to the Service or Website at our sole discretion where we hold a reasonable suspicion that you have or may breach these Terms. If we suspect you are or may be in breach of these Terms, we will endeavour to notify you of that breach and ways in which you can remedy it.

You agree not to attempt to change, add to, remove, deface, hack or otherwise interfere with the Services or the Website or any material or content displayed on the Services or the Website unless expressly permitted by us or these Terms.

You warrant that you will not hide, deface, alter or delete any copyright symbol, trademark or other proprietary rights notice.

All material displayed on the Service and the Website, including but not limited to all information, photographs, graphics, illustrations, artwork, names, logos, trademarks, copy writing and design features (“Booop Intellectual Property”) we acknowledge we have the right to use or are our property and are protected by copyright, trademark and other intellectual property laws. You may not use the Booop Intellectual Property for any commercial purpose without our express prior written consent.

You agree not to copy, imitate, reproduce, reverse engineer, sell, reproduce, retransmit, distribute, disseminate, sell, publish, broadcast or circulate any Booop Intellectual Property for any commercial purpose to any third party in whole or in part without our express prior written consent.

You acknowledge that if you do copy, imitate, reproduce, reverse engineer, sell, reproduce, retransmit, distribute, disseminate, sell, publish, broadcast or circulate any Booop Intellectual Property, we will suffer loss and damage and you agree to indemnify us for any such loss and damage.

We do not grant any licence or right in or assign all or part of the rights of the Booop Intellectual Property to you.
The Website may contain links to other websites operated, controlled or produced by third parties including Retailers. Booop does not control, endorse, sponsor or approve of any third party website or its content and does not provide any warranty or take on any responsibility whatsoever in relation to your access and use of third party websites. We advise you to check their privacy policy and terms and conditions before using their services.

You warrant that you will not infringe the Intellectual Property Rights of Booop or any third party relating to your use of the Services or the Website.

To the maximum extent permitted by law, Booop disclaims all liability for any direct or indirect loss or damage of any kind arising out of or in connection with the Services and the Website content and your use of the Website and Services.

You accept and agree that you will not seek to hold us accountable for any loss or damage that you or any third party may suffer as a result of your use of the Services and or the Website, and that you will indemnify us for any such loss and damage we suffer as a result of claims brought against us by any party as a result of your use of the Services and or the Website.

Notwithstanding the above, to the maximum extent as permitted by law, you agree that Booop’s aggregate liability shall not exceed the total purchase price of your Products.

Services supplied to you by Booop come with guarantees that cannot be excluded under the Australian Consumer Law. Nothing in these Terms purports to modify or exclude the conditions, warranties, guarantees and undertakings, and other legal rights, under the Australian Consumer Law and other laws which cannot be modified or excluded.

Where any law implies a warranty into this agreement which may not be lawfully excluded then to the extent allowed by law (“Warranty”), any liability imposed upon Booop relating to a breach of Warranty will at its option be limited to a refund of the price of the Product.

To the fullest extent of the law, you agree to indemnify us from and against any and all liabilities, costs, demands, causes of action, damages and expenses (including legal fees) arising out of or in any way related to your breach of any of the provisions of these Terms and/or your use of the Services and Website.

No Representation. Booop uses third party Payment Processors that have the relevant Australian Financial Services Licence (“AFSL”) to provide payment services. Booop does not hold an AFSL. Booop does not guarantee the Payment Processor’s compliance with any applicable law and you agree we are not liable to

Assignment. We are permitted to assign, transfer, and subcontract our rights and/or obligations under these Terms without any notification or consent to you. You are not permitted to assign, transfer, or subcontract any of your rights and/or obligations under these Terms.

Severability. If any provision of these Terms is found to be unenforceable or invalid under any applicable law, such unenforceability or invalidity shall not render these Terms unenforceable or invalid as a whole, and such provisions shall be deleted without affecting the remaining provisions herein.

Governing Law & Jurisdiction. These Terms will be governed by and construed in accordance with the laws of the State of Victoria, and you submit to the non-exclusive jurisdiction of the state and federal courts located in Victoria for the resolution of any disputes.

Definitions not otherwise defined in these Terms are:

KYC means know your customer and are procedures or requirements imposed by Payment Processors.

Platform means the software known as “Booop”, owned by Booop and delivered to you subject to these Terms.

Product means a product that is available to purchase at a Retailer’s store.

Purchase means a purchase of product placed through the Platform by you.

Retailer means any retailer or merchant using Booop’s Platform and/or any person from whom Products may be paid for via the Platform.

Services means the service we provide which allows you to use our Platform (available via our Website) to checkout a Product using your mobile device, receive refunds, receive invoices and other ancillary services.