Terms & Conditions
This Site hosted www.booboo.com.au. The material on the Site is copyright © 2017 Booboo and/or other copyright owners.

For Customers and Businesses

For Customers requesting a service

The Site is available for you to access conditional on your acceptance without alteration of the set out below/on this linked page. By continuing to access the Site you are agreeing to the terms and conditions set out below.

  1. Use of material on the Site

    • Except for the limited use set out in paragraph 1(b) you may not use the Site, or the material contained on it or within it, for any purpose. This involves:
      • the reproduction of the material, in any material form;
      • the distribution of the material in any material form;
      • re-transmission of the material by any medium of communication;
      • uploading and/or reposting the material to any other site on the WWW;
      • the material on the Site with other material on any other WWW site.
    • The above are unlawful in any jurisdiction and are specifically prohibited by these Terms of Use.
    • Notwithstanding the above restrictions on use of the material on the Site, you may download material from the Site for your personal non-commercial use provided you do not remove any copyright and trademark notices contained on the material.
    • You may not modify or copy:
      • the layout of the Site; and
      • any computer software and code contained in the Site.
    • BooBoo reserves all intellectual property rights, including, but not limited to, copyright in material and/or services provided by it. The material provided on the Site is provided for personal use only and may not be:
      • re-sold and/or re-distributed in any material form;
      • stored in any storage media; and/or
      • re-transmitted in any media,
    • without the prior written consent of Booboo.
  2. Fees

    • Using the Site and placing your job to be quoted for by a Business is free. However when you accept a quote and enter into a contract with a Business for that job you will be solely liable to that Business for the work performed. Booboo accepts no liability for invoices or costs of those Businesses which successfully bid for your job.
    • At the time of listing and prior to accepting a quote the Customer should make their own reasonable enquiries and searches to ascertain the credibility and suitability of that Business to perform the job.
  3. Links and introductions to Businesses

    The Site provides links and introductions to Businesses owned and operated by third parties and which are not under the control of Booboo.

    • In relation to the Businesses and to which you have been introduced, Booboo:
      • provides the links or introduction to the Businesses as a convenience to you and the existence of a link or introduction to the Businesses does not imply any endorsement by Booboo of that Business; and
      • is not responsible for the actions and services provided by those Businesses.
    • You are solely and completely responsible for the selection of the quote and the business transaction, including payment to the business for work undertaken at your request Booboo makes neither recommendations to you nor prescribes to you the method of choice of successful Business.
  4. Disclaimer relating to the linked Businesses

    Booboo operates the Site making it available for you to publish information without assuming a duty of care to users. Booboo does not and will not provide professional advice and gives no warranty, guarantee or representation about the accuracy, reliability or timeliness or otherwise, of the information contained on the Site and/or linked or introduced Businesses.

    • To the full extent permitted by law Booboo disclaims any and all warranties, express or implied, regarding:
      • the accuracy, reliability, timeliness or otherwise of any information contained or referred to on the Site and/or of any linked Business; and
      • merchantability or fitness for any particular purpose for any service or product contained or referred to on the Site and/or on any linked Businesses.
    • system whereby certain details and credentials of a Business (provided by that Business) are inspected by our staff. Booboo does not conduct any of its own searches and does not provide any assurances or warranties concerning the legality or validity of the documents other than that they have been received. You may request and inspect these documents on request but should rely on your own enquires.
    • Booboo will not be liable under any circumstances for any loss of profits or any damages of any kind recognised by law (even if it has been advised of the possibility of such loss of profits or damages) which are the consequence of you:
      • acting, or failing to act, on any information contained on or referred to on the Site and/or any of the linked Businesses ; and
      • using or acquiring, or your inability to use or acquire, any service or product contained or referred to on the Site and/or any linked Businesses.
  5. Disclaimer relating to Booboo.

    • Booboo does not warrant guarantee or make any representation that:
      • the Site, or the server that makes the site available on the WWW are free of software viruses;
      • the functions contained in any software contained on the Site will operate uninterrupted or are error-free; and
      • errors and defects in the Site will be corrected.
    • Booboo is not liable to you for:
      • errors or omissions in the Site, or linked Businesses on the WWW;
      • delays to, interruptions of or cessation of the services provided in the Site, or linked Businesses ; and
      • defamatory, offensive or illegal conduct of any user of the Site, whether caused through negligence of Booboo, its employees or independent contractors, or through any other cause.
    • You agree to accept the full cost of any necessary repair, correction and maintenance of any of your computer software or hardware, which may be necessary as a consequence of you accessing the Site.
  6. Limitation of liability

    • The Disclaimers at clauses 4 and 5 above may not apply to you in jurisdictions in which limitations on or exclusions of warranties or liabilities are not permitted by law. To the full extent permitted by law Booboo liability for any implied warranty or condition is limited, at the choice of Booboo, to one or more of the following:
      • If the breach of an implied warranty or condition relates to services:
        • the supply of the services again; or
        • the payment of the cost of having the services supplied again.
      • If the breach of an implied warranty or condition relates to goods:
        • the replacement of the goods or the supply of equivalent goods;
        • the repair of such goods;
        • the payment of the cost of replacing the goods or acquiring equivalent goods, or having the goods repaired.
  7. Use of information gathered

    • Booboo and/or people authorised by it, may gather and process the information:
      • which you may provide when accessing the Site, such as your name, address, email address and other personal information about you; and
      • programmed during the accessing of the Site.
    • Booboo may use the information acquired through (i) and (ii) above to engage in direct marketing to you in any medium.
    • Booboo reserves the right to share your contact details with a Business you have been introduced to in accordance with clause 3.
  8. Termination of access

    • Booboo may terminate access to the Site at any time without giving any explanation or justification for the termination of access, and Booboo has no liability for any costs, losses or damages of any kind arising as a consequence of terminating access to the Site.
  9. Alteration of Terms of Use

    • Booboo reserves the right to change these Terms of Use:
      • with or without further notice to you; and
      • without giving you any explanation or justification for such change.
  10. Relevant jurisdiction

    • If any part of this Agreement is found to be void, unlawful, or unenforceable then that part will be deemed to be severable from the balance of this Agreement and the severed part will not affect the validity and enforceability of any remaining provisions.
      • This Agreement will be governed by and interpreted in accordance with the law of New South Wales, without giving effect to any principles of conflicts of laws.
      • You agree to the jurisdiction of the courts of New South Wales to determine any dispute arising out of this Agreement.

For Businesses providing a service

This Site is available to provide information about your product or service conditional on your acceptance without alteration of the terms and conditions set out below. By continuing to provide information about your product or service you are agreeing to the terms and conditions set out below.

  1. Uploading information

    • You represent and warrant in relation to any material and/or information you provide to the Site that:
      • you are authorised to provide the material and/or information and service that you represent;
      • the material and/or information is not defamatory or a malicious falsehood in relation to any product, service, person or corporation;
      • the material and/or information is not the “passing off” of any product or service and does not constitute unfair competition;
      • the material and/or information does not infringe any intellectual property right including, but not limited to, trademarks, service marks or business names (whether registered or unregistered), confidential information and copyright; and
      • the material and/or information does not infringe any legislation or regulations of the Commonwealth of Australia and the State of New South Wales including, but not limited to, the Trade Practices Act 1974 (Cth) and the Fair Trading Act 1987 (NSW) and equivalent state and territory legislation and any other parliament competent to legislate in relation to the Site or any law in any country where the material and/or information is or will be available electronically to users of the Site.
  2. Licence to use intellectual property

    • By uploading any material which is intellectual property including, but not limited to, copyrighted works, trademarks and service marks (the “intellectual property”) on to the Site, you are granting Booboo a perpetual, non-exclusive and payment-free licence throughout the world to:
      • reproduce, use and exploit the intellectual property, as part of the Site, to the full extent permitted by intellectual property law in any jurisdiction in which the Site is available to users; and
      • allow Booboo to sub-licence others the same rights granted to Booboo in (i) above.
  3. Quoting and winning Customers' jobs

    You acknowledge and agree that:

    • any and all of the terms and conditions pertaining to the job and the quote constitute a contract between you and the Customer and does not involve or implicate Booboo in anyway;
      • the lowest priced or best quote will not necessarily be the quote selected by the Customer;
      • Booboo plays no role whether active or inactive in the method of selection by the Customer of the selected quote;and.
      • Booboo takes no responsibility for the accuracy, reliability or timeliness of the content provided by a customer posting a job.
  4. Removal of information

    In relation to any material and/or information included on the Site, Booboo may remove any material and/or information, including but not limited to links to you, at any time without giving any explanation or justification for removing the material and/or information.

  5. Limit of liability

    • Booboo and its respective officers, employees and agents have no liability for any costs, losses or damages of any kind, which you may incur, arising whether directly or indirectly. This applies in relation to or in connection with any material and/or information supplied in respect of advertising or bidding for jobs on this Site; and as a consequence of removing any material and/or information from this Site.
      • You warrant that you will perform all services in accordance with legislative and industry standards and that they have taken out and will maintain any required insurances, approvals and licences as required by the state and federal laws of Australia.
  6. Indemnity

    You will at all times indemnify and keep indemnified Booboo and its respective officers, employees and agents (in this paragraph 6(a) referred to as “those indemnified”) from and against any loss (including reasonable legal costs and expenses) or liability incurred by any of those indemnified arising from any claim, demand, suit, action or proceeding by any person against any of those indemnified where such loss or liability arose out of, in connection with or in respect of any breach of this Agreement by you; and publication of or distribution of the material and/or information supplied by you.

  7. Provision of Services

    • Membership and Premium Listing services will be provided once full payment of Booboo’s fees (“Fees”) have been received. Upon receiving payments from the payee, payments will be subject to the stated Refund Policy.
      • Fees for Membership services may be structured as quoting plans (“Plans”), quoting credits (“Credits”) or pay per quote (“Pay Per Quote”).
  8. Quoting Plans

    • In respect of Plans, unused quotes at the end of the billing period will expire.
      • Booboo reserves the right to convert a registered business’ unused quotes to Credits at a rate of its choosing without notice.
      • In respect of quoting when a registered business' monthly quote plan threshold has been reached, the business will be charged for their next month upon submitting a new quote and have the corresponding quotes balance credited to their account.
  9. Quoting Credits

    • In respect of Credits:

      Booboo reserves the right to grant and deduct Credits acting reasonably, on notice, and if applicable, in accordance with clause 10(b).

      • they are not redeemable outside of the Site.
      • they are valid for up to 12 months from the time of purchase, after which they will expire.
  10. Refund Policy

    You acknowledge and agree that as a term and condition of using the Site, any fees incurred are non-refundable.

    • If you are unhappy with the service of Booboo and have outlined in detail the reasons for your grievance, Booboo will consider the application for a refund and in its absolute discretion will either:
      • deny the claim; or
      • offer you a credit on your account; or
      • refund your payment.
    • In any other case refunds will only be given at the absolute discretion of Booboo.
    • If we find your account is in poor standing or there has been abuse reported against your account, we may refuse any cash or credit refund.
  11. Quote Returns

    After a minimum of 7 days post submitting a quote and within a maximum of 2 months from the job request date, a registered business may request a quote return.

    • Booboo has the right to investigate the matter to determine if the request qualifies for a quote return. The eligibility of a quote return is at the full discretion of Booboo and the decision will be final.
    • Approved quote returns will be credited to you. The returned quote will be added back into your Booboo account. No payment of cash, cheque or credit will be provided.
  12. Quoting with an insufficient balance

    If your account is on a quoting plan and you have a credit card on file, we will proceed to charge your card and roll over your quoting plan.

    • If your account is on pay per quote and you have a credit card on file, we will proceed to charge your card for that quote only.
    • If your account is on Booboo Credits and you have a credit card on file, we will proceed to charge your card for the outstanding Credits balance required to submit that quote.
  13. Termination of access

    Booboo may terminate access to the Site at any time without giving any explanation or justification for the termination of access, in accordance with Clause 10.

  14. Alteration of Terms of Use

    Booboo reserves the right to change these Terms of Use:

    • with or without further notice to you; and
    • without giving you any explanation or justification for such change.
  15. Relevant jurisdiction

    If any part of this Agreement is found to be void, unlawful, or unenforceable then that part will be deemed to be severable from the balance of this Agreement and the severed part will not affect the validity and enforceability of any remaining provisions.

    • This Agreement will be governed by and interpreted in accordance with the law of New South Wales, without giving effect to any principles of conflicts of laws.
    • You agree to the jurisdiction of the courts of New South Wales to determine any dispute arising out of this Agreement.
  16. Code of Conduct

    The Booboo code of conduct is created to maintain the integrity of our marketplace for the benefit of all our users (customers and businesses). A breach of the code of conduct can result in a warning or immediate termination, subject to the Terms and Conditions.

    • Users will be courteous and friendly in all interactions and not engage in any discriminatory or offensive behavior on Booboo or towards Booboo users and staff.
    • Businesses will deliver excellent service and display professional workmanship at all times.
    • Business will honour the price quote submitted to the customer unless there is a change in the size or scope of work.
    • Businesses will turn up on time if an appointment has been made with the customer to inspect the job or complete the agreed work.
    • Businesses will not breach the Terms of Use e.g. Using other avenues to locate customer information without paying the fee.
    • Users will not post illegitimate reviews as this is against the law.
    • Businesses will not engage in any criminal activity. e.g. taking a deposit and not completing the work.
    • Users will not threaten or harass Booboo users or Booboo staff.

*Report on any of the above breaches will be further investigated prior to warning and termination.