Privacy Policy

FIREBOX AUSTRALIA WEBSITE AND APPLICATION TERMS AND CONDITIONS

IMPORTANT LEGAL NOTICE

This page sets out the terms and conditions ("Website or Application Terms") on which we, Firebox Australia Pty Ltd ("we", "us" or "Firebox Australia"), provide our services through our Website or Application www.firebox.net.auand any Firebox Australia mobile application through which you access our Website or services (together, "Website"). Please read these Website or Application Terms or application terms carefully before ordering any products/Services or rental items through the Website, as your use of the Website or Application and purchase of any products offered on the Website or Application is subject to these Website or Application Terms. By ordering products via the Website or Application (whether now or in the future) or continuing to use the Website, you agree to be bound by these Website or Application Terms.

We reserve the right to change these Website or Application Terms from time to time by changing them on this page. We advise you to print a copy of these Website or Application Terms for future reference. These Website or Application Terms are only in the English language.

Use of your personal information submitted via the Website or Application is governed by our Privacy Policy.

For the avoidance of doubt, please note that references to "Website" in these Website or Application Terms include any current or future version of our Website or Application www.firebox.net.auand any Firebox Australia mobile application through which you access our Website or services, in each case whether accessed through any current or future platform or device (including without limitation any mobile website, mobile application, affiliate Website or related Website or Application for accessing our Website or services that may be developed from time to time).

By accessing any part of the Website or application, you indicate that you accept these Website or application Terms. If you do not accept these Website or Application Terms, you should leave the Website or Application immediately, and you will not be able to order any products through the Website.

TERMS AND CONDITIONS OF USE AND SALE
INTRODUCTION AND OUR ROLE

1.1. Company details: Firebox Australia Pty Ltd (ABN 75 116 370 793)is a company registered in New South Wales, Australia at 16 Craftsman close Beresfield NSW 2322.

1.2. Service: We provide a way for you to communicate your orders ("Orders") for products ("Products") to delivery or pickup Stores ("Stores") displayed on the Website or Application (the "Service").

1.3 The Application is a mobile and web application-based platform that allows Members to order goods and for the Company to act as your agent to purchase and retrieve the goods on your behalf (the Services).

5.3 You agree and acknowledge that your ability to obtain goods, logistics and/or delivery services through the use of the Services does not establish the Company as a supplier of the goods.

WEBSITE OR APPLICATION ACCESS AND TERMS

2.1. Website or Application access: You may access some areas of the Website or Application without making an Order or registering your details with us. Most areas of the Website or Application are open to everyone.

When you use the Website or register an account, you will provide us with personal information such as your name, Company represented, ABN, email address, telephone number, credit or debit card information and address. You must ensure that this information is accurate and current. We will handle all personal information we collect in accordance with our privacy policy.

If you choose to register an account or when you place your first order, we will provide you with a user name and you will select a password. You are responsible for keeping this user name and password secure and are responsible for all use and activity carried out under this user name.

2.2. Acceptance of terms: By accessing any part of the Website, you indicate that you accept these Website or Application Terms. If you do not accept these Website or Application Terms, you should leave the Website or Application immediately, and you will not be able to order any Products through the Website.

2.3. Revision of terms: We may revise these Website or Application Terms at any time. You should check the Website or Application regularly to review the current Website or Application Terms, because they are binding on you. You will be subject to the terms and conditions in force at the time that you place an Order through us.

2.4. Responsibility: You are responsible for making all arrangements necessary for you to have access to the Website. You are also responsible for ensuring that all persons who access the Website or Application through your Internet connection are aware of these Website or Application Terms and that they comply with them.

YOUR STATUS

3.1. Capacity and age: By placing an Order through the Website or Application, you warrant that:

3.1.1. You are legally capable of entering into binding contracts; and

3.1.2. You are at least 18 years old.

3.1.3 you have sole responsibility for protecting the confidentiality of your password and/or email address. Use of your password by any other person may result in the immediate cancellation of the Services;

3.1.4 any use of your registration information by any other person, or third parties, is strictly prohibited. You agree to immediately notify the Company of any unauthorized use of your password or email address or any breach of security of which you have become aware;

3.1.5 you must not expressly or impliedly impersonate another Member or use the profile or password of another Member at any time;

3.1.6 access and use of the Application are limited, non-transferable and allows for the sole use of the Application by you for the purposes of providing the Services;

3.1.7 you will not use the Services or the Application in connection with any commercial endeavor’s except those that are specifically endorsed or approved by the management of the Company;

3.1.8 you will not use the Services or Application for any illegal and/or unauthorized use which includes collecting email addresses of Members by electronic or other means for the purpose of sending unsolicited email or unauthorized framing of or linking to the Application;

3.1.9 you agree that commercial advertisements, affiliate links and other forms of solicitation may be removed from Member profiles without notice and may result in termination of the Services. Appropriate legal action will be taken by the Company. for any illegal or unauthorized use of the Application; and

3.1.10 you agree to pay all fees, charges, subscriptions, expenses, negative account balance, credits and costs in accordance with these Terms. In the event that you do not make payment of the above amounts, you agree and understand that the Company may report you to a credit reporting agency and you will be liable to The Company for its legal and/or recovery costs of the recovery of the amount outstanding (on an indemnity basis).

3.1.11 remove content that is misleading/deceptive or that is in breach of the General Terms and Additional Terms (as applicable);

HOW TO MAKE AN ORDER AND HOW IT IS PROCESSED

4.1. Compiling your Order: Once you select the Products you wish to order from the List of your chosen Store and provide other required information, you will be given the opportunity to submit your Order by clicking or selecting the "Order Now", "place my order", "checkout" or similar button. It is important that you check all the information that you enter and correct any errors before clicking or selecting this button; once you do so we will process your Order and errors cannot be corrected.

4.2. Minimum Order Amount: If a Store has a minimum order amount in place, you may not place an order with that Store until the value of your Order exceeds that amount. The minimum order amount must be met after applying any discounts or specials that reduce the total Order amount.

4.3. Amending or cancelling your Order: Once you submit your Order and your payment has been authorised, you will not be entitled to change or cancel your Order online (please refer to paragraph 4.4 for details of the process relating to rejected Orders). If you wish to change or cancel your Order, you may contact the Store directly within 15 minutes or contact Firebox Australia customer service from within the application via support email button as described in paragraph 6.3 and they will attempt to contact the Store in order to communicate your requests. However, there is no guarantee that we will be able to reach the Store or that the Store will agree to your requests as they may have already started to process your Order.

4.4. Payment authorisation: Where any payment you make is not authorised, your Order will not be processed by or communicated to the relevant Store.

4.5. Processing your Order and Store rejections: On receipt of your Order, we will begin processing it by sending it to the relevant Store and will notify you by email that your Order has been received and is being processed. Any confirmation page that you may see on the Website or Application and any Order confirmation e-mail that you may receive each merely indicate that your Order has been received and is being processed by us, and does not necessarily mean that your Order has been accepted by the Store. Stores have the discretion to reject Orders at any time because they are too busy, due to weather conditions or for any other reason. We encourage all our Stores to accept all Orders and to communicate any rejection promptly, and we will notify you (generally by email) as soon as reasonably practicable if a Store rejects your Order. When a Store confirms receipt of the order and expected collection or delivery time, we will send you an SMS confirmation (provided that you have given us your mobile telephone number).

4.6. Delivery of your Order: Estimated times for deliveries and collections are provided by the Stores and are only estimates. Neither we nor the Stores guarantee that Orders will be delivered or will be available for collection within the estimated times. All products preparation and deliveries are the sole responsibility of the Store accepting the Order. To the extent permitted by law, including the Australian Consumer Law, Firebox Australia accepts no liability associated with products preparation or delivery by the Store accepting the order.

4.7 The Company may use third party independent contractors to provide the delivery of the goods. You agree and acknowledge the Application may utilize a third-party platform for the delivery of the goods and you may be required to register an account with the third-party platform and accept third party platform’s terms and conditions in order to access the Services. The Company does not own or operate the third-party platform and recommends that all Members read all third-party terms before using their services. In using the third-party platform, you warrant that you have familiarized yourself with, and agree to be bound by, the applicable terms and conditions, privacy policy and other relevant legal documentation required by the third-party platform, prior to you using the third-party platform.

4.8 All goods are subject to availability.

4.9 The Company does not prepare or take responsibility for any goods provided to the Member.

PRICE AND PAYMENT

5.1. Taxes and delivery costs: Prices for individual List items will be as quoted on the Website or Application in Australian dollars. These prices include any applicable taxes but may exclude delivery costs (if you opt for delivery instead of collection) and any online payment administration charge imposed by the Store (if you pay for your Order online). These will be added to the total amount due where applicable.

5.2. Incorrect pricing: This Website or Application contains a large number of Lists and it is possible that some of the Lists may include incorrect prices. The products will be sold for the displayed price even if the correct price for an Order is higher than the price stated on the Website.

5.3. Payment methods: Payment for Orders must be made by an accepted credit or debit card through the Website or in cash to the Store at the point of delivery to you.

5.4. Card payments: If you pay by credit or debit card, you may be required to show the card to the Store at the time of delivery as proof of identification and so that they can check that the card conforms with the receipt data for the Order. Please note that from time to time there may be delays with the processing of card payments and transactions; this may result in delays in sums being deducted from your bank account or charged to your credit or debit card.

5.5. Credit and discount vouchers: A credit or discount may apply to your Order if you use a promotional voucher or code recognised by the Website or Application and endorsed by Firebox Australia, and you pay for any balance by credit or debit card. Please refer to our Voucher Terms & Conditions for the full terms and conditions applicable to the use of credit and discount vouchers.

5.6. Rejected Orders: Once you have submitted an Order that you are paying for by credit or debit card and your payment has been authorised, you will be charged the full amount of your Order. If your Order is subsequently rejected by the Store (as described in paragraph 4.4 above) or cancelled for any other reason, your bank or card issuer will refund the relevant amount. However, this may take between 3 to 5 working days (or longer, depending on your bank or card issuer). You acknowledge and agree that neither we nor the relevant Store will be responsible or liable to you in relation to this delay by your bank or card issuer in the release of funds back into your account.

CUSTOMER SERVICE

6.1. General: Customer care is extremely important to us. Subject to paragraphs 6.5 and 11, our Customer Service team will therefore try to assist you where possible if you have any problems with your Order. You can contact our Customer Care team by emailing us or by calling the telephone number shown under the "About us" link on the Website. Alternatively, you can access the list of frequently asked questions FAQ page.

6.2. Questions about your Order: If your Order is taking longer than expected or you have any other problems with your Order, in the first instance you should contact the Store directly. Alternatively, you can contact our Customer Service Team as described above and one of our Customer Service Member will attempt to contact the Store in order to follow up on your query.

6.3. Changing or cancelling your Order: If you wish to change or cancel your Order after it has been submitted ,contact the Store directly within 15 minutes or contact Firebox Australia customer service from within the application via support email button, you may contact our Customer service team as described above and they will attempt to contact the Store in order to communicate your requests. However, there is no guarantee that we will be able to reach the Store or that the Store will agree to your requests as they may have already started to process your Order.

6.4. Complaints or feedback: In the event that you would like to express your opinion on the quality of any Products or the service provided by a Store, please consider providing feedback in the form of ratings, comments and reviews on the Website or Application (together, "Reviews"). The Reviews are an important part of our quality control process.

6.5. Compensation: If you are dissatisfied with the quality of any Products or the service provided by a Store and wish to seek a refund, a proportionate price reduction or any other compensation, you should contact the Store directly to lodge your complaint and, where appropriate, follow the Store's own complaint procedures. If you are unable to contact the Store, or the Store refuses to deal with your complaint, you can contact our Customer Service as described above within 48 hours of placing your Order and one of our Customer Service members will attempt to contact the Store in order to request compensation on your behalf. Please note that we have no control over Stores and the quality of the individual Products or service that they provide, and we not able to provide, and have no responsibility or liability for providing, any compensation to you on behalf of any Store.

LICENCE

7.1. Terms of permitted use: You are permitted to use the Website or Application and print and download extracts from the Website or Application for your own personal non-commercial use on the following basis:

7.1.1. You must not misuse the Website or Application (including by hacking or "scraping").

7.1.2. Unless otherwise stated, the copyright and other intellectual property rights in the Website or Application in material published on it (including without limitation photographs and graphical images) are owned by us or our licensors. These works are protected by copyright laws and treaties around the world and all rights are reserved. For the purposes of these Website or Application, any use of extracts from the Website or Application other than in accordance with paragraph 7.1 is prohibited.

7.1.3. You must not modify the digital or paper copies of any materials that you print off in accordance with paragraph 7.1 and you must not use any pictures, photographs or any other graphics, video or audio sequences separately from any accompanying text.

7.1.4. You must ensure that our status as the author of the material on the Website or Application is always acknowledged.

7.1.5. You are not allowed to use any of the materials on the Website or Application the Website or Application itself for commercial purposes without obtaining a licence from us to do so.

7.2. Limitation on use: Except as stated in paragraph 7.1, the Website or Application may not be used, and no part of the Website or Application may be reproduced or stored in any other Website or Application included in any public or private electronic retrieval system or service, without our prior written permission.

7.3. Reservation of rights: Any rights not expressly granted in these Website or Application Terms are reserved.

SERVICE ACCESS

8.1. Website or Application availability: While we try to ensure the Website or Application is normally available twenty-four (24) hours a day, we do not undertake any obligation to do so, and we will not be liable to you if the Website or Application is unavailable at any time or for any period.

8.2. Suspension of access: Access to the Website or Application be suspended temporarily at any time and without notice.

8.3. Information security: The transmission of information via the internet is not completely secure. Although we take the steps required by law to protect your information, we cannot guarantee the security of your data transmitted to the Website; any transmission is at your own risk.

VISITOR MATERIAL AND REVIEWS

9.1. General:

9.1.1. Other than personally identifiable information, which is covered under our Privacy Policy, any material you post, upload or transmit or upload to the Website or Application (including without limitation Reviews) ("Visitor Material") will be considered non-confidential and non-proprietary. By posting, uploading or transmitting any Visitor Material, you represent and warrant that you own or otherwise control all of the rights to such Visitor Material. You agree that we will have no obligations with respect to any Visitor Material, and that we and anyone we designate will be free to copy, disclose, distribute, incorporate and otherwise use any Visitor Material and all data, images, sounds, text and other things embodied in it for any and all commercial or non-commercial purposes.

9.1.2. You represent and warrant that any Visitor Material you post, upload or transmit does not and will not breach any of the restrictions in paragraphs 9.2 to 9.3 below.

9.2. Visitor Material Policy: You are prohibited from posting, uploading or transmitting to or from the Website or Application Visitor Material (including any Reviews) that:

9.2.1. breaches any applicable local, national or international law;

9.2.2. is unlawful or fraudulent;

9.2.3. amounts to unauthorised advertising; or

9.2.4. contains viruses or any other harmful programs.

9.3. Visitor Reviews Policy: In particular (but without limitation), any Reviews that you submit through the Website or Application not:

9.3.1. contain any defamatory, obscene or offensive material;

9.3.2. promote violence or discrimination;

9.3.3. infringe the intellectual property rights of another person;

9.3.4. breach any legal duty owed to a third party (such as a duty of confidence);

9.3.5. promote illegal activity or invade another's privacy;

9.3.6. give the impression that they originate from us; or

9.3.7. be used to impersonate another person or to misrepresent your affiliation with another person.

9.4. Removal of Reviews: The prohibited acts listed in paragraphs 9.2 and 9.3 above are non-exhaustive. We reserve the right (but do not undertake, except as required by law, any obligation) and have the sole discretion to remove or edit at any time any Reviews or other Visitor Material posted, uploaded or transmitted to the Website or Application that we determine breaches a prohibition in paragraphs 9.2 or 9.3 above, is otherwise objectionable or may expose us or any third parties to any harm or liability of any type, or for any other reason. Notwithstanding the foregoing, Firebox Australia will not remove or edit reviews where Firebox Australia believes that doing so would be in breach of the Australian Consumer Law.

9.5. Use of Reviews: The Reviews and other Visitor Material contained on the Website or Application are for information purposes only and do not constitute advice from us. Reviews and Visitor Material reflect the opinions of customers who have ordered through the Website or other third parties, and any statements, advice or opinions provided by such persons are theirs only. Accordingly, to the fullest extent permitted by law, including the Australian Consumer Law we assume no responsibility or liability to any person for any Reviews or other Visitor Material, including without limitation any mistakes, defamation, obscenity, omissions or falsehoods that you may encounter in any such materials.

9.6. Liability: You agree to indemnify us against any losses, damages and claims (and all related costs) incurred by or made against us by a Store or any other third party arising out of or in connection with any Reviews or other Visitor Material that you provide in breach of any of the representations and warranties, agreements or restrictions set forth in this paragraph 9.

9.7. Disclosure to authorities and courts: You acknowledge that we will fully co-operate with any competent authority requesting or directing us to disclose the identity or location of anyone posting any Reviews or other Visitor Material in breach of paragraph 9.2 or 9.3 or any other applicable restriction and you release us to the fullest extent permitted by law from all liability in relation to such disclosure.

LINKS TO AND FROM OTHER WEBSITES

10.1. Third party websites: Links to third party websites on the Website or Application are provided solely for your convenience. If you use these links, you leave the Website. We have not reviewed and do not control any of these third-party websites (and are not responsible for these websites or their content or availability). We do not endorse or make any representation about these websites, their content, or the results from using such websites or content. If you decide to access any of the third-party websites linked to the Website, you do so entirely at your own risk.

10.2. Linking permission: You may link to the Website's homepage (www.Firebox Australia.com.au), provided that:

10.2.1. you do so in a fair and legal way which does not damage or take advantage of our reputation;

10.2.2. you do not establish a link from a Website or Application that is not owned by you or in a way that suggests a form of association with or endorsement by us where none exists;

10.2.3. any Website or Application from which you link must comply with the content standards set out in these Website or Application Terms (in particular paragraph 9 (Visitor Materials and Reviews));

10.2.4. we have the right to withdraw linking permission at any time and for any reason.

DISCLAIMERS

11.1. Website or Application information: We may make changes to the material on the Website, or to the Service, Products and prices described on it, at any time without notice.

11.2 Specials listed on the Website or Application are subject to change. Stores may alter their specials at any time, including removing or changing the terms of any loyalty discount program. Loyalty credits earned through a loyalty discount program from a Store are non-transferrable and are not redeemable for cash.

11.3. We try to accurately copy the item names, descriptions, prices, special offer information, Product contents, Dangerous Goods or hazardous material warnings and other information ("List Information") from the Lists that are provided to us by Stores. However, it is the Stores that are responsible for providing this List Information and ensuring that it is factually accurate and up-to-date, and we do not undertake any such responsibility. If you are in doubt about Product contents, Dangerous Goods or hazardous material warnings, contents of a package or any other List Information, you should confirm with the Store directly before ordering. Some of the pictures shown are indicative of the design/service or hire and may not be an actual photo of the item from the Store.

11.4. Store actions and omissions: The legal contract for the supply and purchase of Products is between you and the Store that you place your Order with. We have no control over the actions or omissions of any Stores. Without limiting the generality of the foregoing, you acknowledge and accept the following by using the Website:

11.4.1. We do not give any undertaking that the Products ordered from any Store through the Website or Application will be of satisfactory quality or suitable for your purpose and we disclaim any such warranties.

11.4.2. Estimated times for deliveries and collections are provided by the Stores and are only estimates. Neither we nor the Stores guarantee that Orders will be delivered or will be available for collection within the estimated times.

11.4.3. Stores have the discretion to reject Orders at any time because they are too busy, due to weather conditions or for any other reason. We encourage all our Stores to accept all Orders and to communicate any rejection promptly, and we will notify you (generally by email) as soon as reasonably practicable if a Store rejects your Order.

11.4.4. The foregoing disclaimers do not affect your statutory rights against any Store.

11.5. Exclusion of terms: We provide you with access to the Website or Application and Service on the basis that, to the maximum extent permitted by law, including the Australian Consumer Law, we exclude all representations, warranties, conditions, undertakings and other terms in relation to the Website or Application and Service (including any representations, warranties, conditions, undertakings and other terms which might otherwise apply to the Website or Service, or be otherwise implied or incorporated into these Website or Application Terms, by statute, common law or otherwise).

LIABILITY

12.1. General: Nothing in these Website or Application Terms excludes or limits our liability for death or personal injury arising from our negligence, our liability for fraudulent misrepresentation, or any other liability which cannot be excluded or limited under applicable law, including the Australian Consumer Law. Nothing in these Website or Application Terms affects your statutory rights, including right relating to the consumer guarantees applicable to the supply, rental or installation of services under these Term.

12.2. Exclusion of liability: Subject to clause 12.1, and your statutory rights under the Australian Consumer Law more generally, we will under no circumstances be liable to you, whether in contract, tort (including negligence), breach of statutory duty, or otherwise, even if foreseeable, arising under or in connection with the Service or the Website or Application(including the use, inability to use or the results of use of the Service or the Website) for:

12.2.1. any loss of profits, sales, business, or revenue;

12.2.2. loss or corruption of data, information or software;

12.2.3. loss of business opportunity;

12.2.4. loss of anticipated savings;

12.2.5. loss of goodwill; or

12.2.6. or any loss not arising naturally or not arising according to the usual course of things from the relevant breach or acts or omissions.

12.3. Limitation of liability: Subject to clauses 11, 12.1 and 12.2, and your statutory rights under the Australian Consumer Law more generally, our total liability to you in respect of all other losses arising under or in connection with the Service or the Website or Application, whether in contract, tort (including negligence), breach of statutory duty, or otherwise, shall in no circumstances exceed twice the value of your Order or $100, whichever is lower.

12.4. Additional costs: You assume full and sole responsibility for any additional or associated costs that you may incur in connection with or as a result of your use of the Website, including without limitation costs relating to the servicing, repair or adaptation of any equipment, software or data that you may own, lease, license or otherwise use.

12.5 Indemnity: You agree to indemnify and hold Firebox Australia and applicable affiliates, officers, directors, agents, and employees, harmless from and against any claims, demands, proceedings, losses and damages (actual, special and consequential) of every kind and nature, known and unknown, including legal fees on the indemnity basis, made by any third party due to or arising out of your breach of these Terms or the terms and policies it incorporates by reference, or your violation of any law or the rights of a third party.

TERMINATION

13.1. Grounds for termination: We may terminate or suspend (at our absolute discretion) your right to use the Website or Application and the Service immediately by notifying you in writing (including by email) if we believe in our sole discretion that:

13.1.1. you have used the Website or Application in breach of paragraph 7.1 (Licence);

13.1.2. you have posted Reviews or other Visitor Material in breach of paragraphs 9.2 or 9.3 (Visitor Material and Reviews);

13.1.3. you have breached paragraph 10.2 (Links to and from other websites); or

13.1.4. you have breached any other material terms of these Website or Application Terms.

13.2. Obligations upon termination: Upon termination or suspension you must immediately destroy any downloaded or printed extracts from the Website.

WRITTEN COMMUNICATIONS

14.1. Applicable laws require that some of the information or communications we send to you should be in writing. When using the Website or ordering Products via the Website, you accept that communication with us will be mainly electronic. We will contact you by email or provide you with information by posting notices on the Website. For contractual purposes, you agree to this electronic means of communication and you acknowledge that all contracts, notices, information and other communications that we provide to you electronically comply with any legal requirement that such communications be in writing. This condition does not affect your statutory rights.

EVENTS OUTSIDE OUR CONTROL

15.1. We will not be liable or responsible for any failure to perform, or delay in performance of, any of our obligations under these Website or Application Terms that is caused by events outside our reasonable control ("Force Majeure Event").

15.2. A Force Majeure Event includes any act, event, non-occurrence, omission or accident beyond our reasonable control and includes in particular (without limitation) the following:

15.2.1. strikes, lock-outs or other industrial action;

15.2.2. civil commotion, riot, invasion, terrorist attack or threat of terrorist attack, war (whether declared or not) or threat or preparation for war;

15.2.3. fire, explosion, storm, flood, earthquake, subsidence, epidemic or other natural disaster;

15.2.4. impossibility of the use of railways, shipping, aircraft, motor transport or other means of public or private transport;

15.2.5. impossibility of the use of public or private telecommunications networks; and

15.2.6. the acts, decrees, legislation, regulations, or restrictions of any government.

15.3. Our performance under these Website or Application Terms is deemed to be suspended for the period that any Force Majeure Event continues, and we will have an extension of time for performance for the duration of that period. We will use our reasonable endeavours to bring any Force Majeure Event to a close or to find a solution by which our obligations under these Website or Application Terms may be performed despite the Force Majeure Event.

ADDITIONAL TERMS

16.1. Privacy Policy: We are committed to protecting your privacy and security. All personal data that we collect from you will be processed in accordance with our Privacy Policy. You should review our Privacy Policy, which is incorporated into these Website or Application Terms.

16.2. Other terms: You should also review our Voucher Terms and Conditions for information regarding the use of credits and promotional discounts on the Website, and our Competitions Terms and Conditions for information regarding the terms applicable to competitions that we may run from time to time. All of these are incorporated into these Website or Application Terms by this reference.

16.3. Severability: If any of these Website or Application Terms are determined by any competent authority to be invalid, unlawful or unenforceable to any extent, such term, condition or provision will to that extent be severed from the remaining terms, conditions and provisions which will continue to be valid to the fullest extent permitted by law.

16.4. Entire agreement: These Website or Application Terms and any document expressly referred to in them constitute the whole agreement between you and us and supersede all previous discussions, correspondence, negotiations, previous arrangement, understanding or agreement between us relating to the subject matter of any contract.

16.5. No waiver: Any failure or delay by you or us in enforcing (in whole or in part) any provision of these Website or Application Terms will not be interpreted as a waiver of your or our rights or remedies.

16.6. Assignment: You may not transfer any of your rights or obligations under these Website or Application Terms without our prior written consent. We may transfer any of our rights or obligations under these Website or Application Terms without your prior written consent to any of our affiliates or any business that we enter into a joint venture with, purchase or are sold to.

16.7. Headings: The headings in these Website or Application Terms are included for convenience only and shall not affect their interpretation.

16.8 You agree to indemnify the Company, its affiliates, employees, agents, contributors, third party content providers and licensors from and against all actions, suits, claims, demands, liabilities, costs, expenses, loss and damage (including legal fees on a full indemnity basis) incurred, suffered or arising out of or in connection with:

(a) Your Content;

(b) the goods provided pursuant to the Services;

(d) any direct or indirect consequences of you accessing, using or transacting on the Application or attempts to do so;

(e) your violation of the rights of any third party, including Suppliers and the Company’s independent contractors;

(f) any instruction provided to the Company regarding delivery, including a fine or infringement; and

(g) any breach of the Terms.

GOVERNING LAW AND JURISDICTION

17.1. These Website or Application Terms shall be governed by and construed in accordance with the law of New South Wales. Disputes or claims arising in connection with these Website or Application Terms (including non-contractual disputes or claims) shall be subject to the exclusive jurisdiction of the courts of New South Wales.

PROMOTION TERMS & CONDITIONS

18.1 A discount on an order price of up to 20% may apply to the first order at a participating Store made by a Firebox Australia Customer via the Website or Application www.firebox.net.auor the Firebox Australia App. Discounts are provided by the Store if specified on the Store page on the Firebox Australia Website or Application. Not all Firebox Australia Stores provide discounts, and the offer may not be available in all areas.

18.2 Further terms and conditions may apply.

FIREBOX AUSTRALIA PRIVACY POLICY

We are committed to protecting the privacy of all visitors to the Website, including all visitors who access the Website or Service through any mobile application or other platform or device. Please read the following Privacy Policy which explains how we use and protect your information.

By visiting and/or using the Service on the Website, you agree and, where required, you consent to the collection, use, storage, disclosure and transfer of your information as set out in this policy.

INFORMATION THAT WE COLLECT FROM YOU

1.1. When you visit the Website or Application use the Service to make an Order from a Store through the Website or Application, you may be asked to provide information about yourself including your name, address, company, ABN represented contact details (such as telephone and mobile numbers and e-mail address) and payment information (such as credit or debit card information). We may also collect information about your usage of the Website or Application and Service and information about you from the materials (such as messages and reviews) you post to the Website or Application and the e-mails or letters you send to us. Your telephone calls to us may also be recorded for training and quality purposes.

1.2. By accessing Firebox Australia information and/or the Website or Service using mobile digital routes such as (but not limited to) mobile, tablet or other devices/technology including mobile applications, then you should expect that our data collection and usage as set out in this Privacy Policy will apply in that context too. We may collect technical information from your mobile device or your use of the Website or the Service through a mobile device, for example, location data and certain characteristics of, and performance data about, your device, carrier/operating system including device and connection type, IP address, mobile payment methods, interaction with other retail technology such as use of NFC Tags, QR Codes or use of mobile vouchers. Unless you have elected to remain anonymous through your device and/or platform settings, this information may be collected and used by us automatically if you use the Website or Service through your mobile device(s) via any Firebox Australia mobile application, through your mobile's browser or otherwise.

USE OF YOUR INFORMATION

2.1. Your information will enable us to provide you with access to the relevant parts of the Website or Application and to supply the Service. It will also enable us to bill you and enable us and/or a Store with whom you have placed an Order to contact you where necessary concerning the Service. For example, we and/or the Store may use your information to provide you with status updates or other information regarding your Order by e-mail, telephone, mobile or mobile messaging (e.g. SMS, MMS etc.). We will also use and analyse the information we collect so that we can administer, support, improve and develop our business, for any other purpose whether statistical or analytical and to help us prevent fraud. Where appropriate, now and in the future, you may have the ability to express your preferences around the use of your data as set out in this Privacy Policy and this may be exercised though your chosen method of using the Service, for example mobile, mobile applications or any representation of the Website.

2.2. We may use your information to contact you for your views on the Service and to notify you occasionally about important changes or developments to the Website or the Service.

2.3. Where you have indicated accordingly by giving your consent, you agree that we may use your information to let you know about our other products and services that may be of interest to you including services that may be the subject of direct marketing and we may contact you to do so by post, telephone, mobile messaging (e.g. SMS, MMS etc.) as well as by e-mail in accordance with the Spam Act and the Privacy Act.

2.4. Where you have indicated accordingly by giving your consent, you agree that we may also share information with third parties (including those in the products , Service or rental services, marketing and advertising sectors) to use your information in order to let you know about goods and services which may be of interest to you (by post, telephone, mobile messaging (e.g. SMS, MMS etc.) and/or e-mail) in accordance with the Spam Act and the Privacy Act. We may also disclose your information to help us analyse the information which we collect so that we can administer, support, improve and develop our business and services to you. For example, by providing anonymised personal information to Google Analytics – see attached link - “How Google uses data when you use our partners' sites or apps”, (located at www.google.com/policies/privacy/partners).

2.5. You agree that we may disclose personal information which we collect from you to other companies that also hold information about you. We may also collect personal information from those other companies. We and/or those companies may combine the information to better understand your preferences and interests, thereby enabling them and us to serve you better.

2.6 If you do not want us to use your data in this way or change your mind about being contacted in the future, please let us know by using the contact details set out in paragraph 8 below, by amending your profile accordingly or by using the opt-out facilities provided (e.g. an unsubscribe link).

2.7. Please note that by submitting Reviews regarding the Website, Service and/or Stores, you consent to us to use such Reviews on the Website or Application and in any marketing or advertising materials. We will only identify you for this purpose by your first name and the city in which you reside (and any other information that you may from time to time consent to us disclosing).

DISCLOSURE OF YOUR INFORMATION

3.1. The information you provide to us will be transferred to and stored on our servers which may be in or outside Australia, and may be accessed by or given to our staff working outside Australia and third parties including companies within the Firebox Australia group of companies (which means our subsidiaries and affiliates, our ultimate holding company and its subsidiaries and affiliates) who act for us for the purposes set out in this policy or for other purposes notified to you from time to time in this policy. Where we disclose your personal information to overseas recipients, we will always take reasonable steps to ensure that your information is treated in accordance with this policy and the Australian Privacy Principles.

3.2. The third parties with whom we share your information may undertake various activities such as processing credit card payments and providing support services for us. In addition, we may need to provide your information to any Stores that you have placed an Order with so as to allow the Store to process and deliver your Order. By submitting your personal data, you agree to this transfer, storing or processing. We will take all steps reasonably necessary to ensure that your data is treated securely and in accordance with this Privacy Policy.

3.3. If our business enters into a joint venture with, purchases or is sold to or merged with another business entity, your information may be disclosed or transferred to the target company, our new business partners or owners or their advisors.

3.4. We may use the information that you provide to us if we are under a duty to disclose or share your information in order to comply with (and/or where we believe we are under a duty to comply with) any legal obligation; or in order to enforce the Website or Application Terms and any other agreement; or to protect our rights or the rights of Stores or other third parties. This includes exchanging information with other companies and other organisations for the purposes of fraud protection and prevention.

SECURITY AND DATA RETENTION

4.1. We take steps to protect your information from unauthorised access, modification or disclosure and against misuse, interference, loss, destruction and damage. Once your information is no longer required for any purpose for which it may be used or disclosed by us, and we are not required by law to retain the information, we will destroy the information or ensure that it is de-identified.

4.2. Where you have registered an account with Firebox Australia and chosen a password which allows you to access certain parts of the Website, you are responsible for keeping this password confidential. We advise you not to share your password with anyone. Unless we negligently disclose your password to a third party, we will not be liable for any unauthorised transactions entered into using your name and password.

4.3. All user details captured by Firebox Australia are stored securely at all times and will never be provided to any unauthorised third parties. We will simply save a reference to your card, which is called a token. This token is provided to us by the payment provider. Saving the token means that for future credit card transactions we can give you the option to charge the same card you used previously without having to re-enter the card details. If, at any time, you wish the token to be removed please email us at sales@firebox.net.au and we will have these removed

4.4. However, the transmission of information via the internet is not completely secure. Although we will take reasonable steps to protect your information and make sure it is safe and secure and we use a number of physical, administrative, personnel and technical measures to protect your personal information, we cannot guarantee the security of your data transmitted to the Website; any transmission is at your own risk. For the avoidance of doubt, Firebox Australia will not in any circumstances be liable to you, or third parties, for loss or damage arising from credit card fraud or identity theft.

5.1 We may collect personal information about you when you use and access our website. While we do not use browsing information to identify you personally, we may record certain information about your use of our website, such as which pages you visit, the time and date of your visit and the internet protocol address assigned to your computer.

We may also use 'cookies' or other similar tracking technologies on our Website or Application that help us track your Website or Application usage and remember your preferences. Cookies are small files that store information on your computer, TV, mobile phone or other device. They enable the entity that put the cookie on your device to recognise you across different websites, services, devices and/or browsing sessions. You can disable cookies through your internet browser but our websites may not work as intended for you if you do so.

We may also use cookies to enable us to collect data that may include personal information. For example, where a cookie is linked to your account, it will be considered personal information under the Privacy Act. We will handle any personal information collected by cookies in the same way that we handle all other personal information as described in this Privacy Policy.

ACCESSING AND UPDATING

6.1. You have the right to see the information we hold about you and to ask us to make any changes to ensure that it is accurate and up to date. If you wish to do this, please contact us using the contact details set out in paragraph 8 below.

CHANGES TO OUR PRIVACY POLICY

7.1. Any changes to our Privacy Policy will be posted to the Website or Application and, where appropriate, through e-mail notification. We encourage you to check our Website or Application periodically to ensure that you are aware of our current Privacy Policy.

CONTACT

8.1. All comments, queries and requests relating to our use of your information are welcomed. You can also lodge a complaint if you think we have breached the Privacy Act (Cth) 1988 in relation to your personal information. We will acknowledge your complaint and respond to you regarding your complaint within a reasonable period of time. If you think that we have failed to resolve the complaint satisfactorily, we will provide you with information about the further steps you can take. All correspondence should be addressed to Firebox Australia Pty Ltd at Suite 403, 27 Betty Cuthbert Ave Ermington NSW 2115. Alternatively, you can contact us by emailing sales@firebox.net.auor by calling 1300 123 678.

#. FIREBOX AUSTRALIA VOUCHER TERMS & CONDITIONS

General

The following general terms and conditions (the "General Voucher Terms") will apply to all vouchers issued by Firebox Australia from time to time for use on the Website or Application("Vouchers").
Individual Vouchers will also be subject to, and the General Voucher Terms will be supplemented and/or modified by, additional terms and conditions (the "Specific Voucher Terms") that will be specified on the Voucher or at the time the Voucher is issued.
Vouchers may only be redeemed towards online Orders from Stores made through the Website or Application. The code provided with the Voucher is to be entered at the end of checkout process. The final amount owing after a Voucher has been applied will be shown at the top of the credit card entry page and any remaining balance must be paid by credit or debit card
Vouchers can only be purchased from a verified Firebox Australia account, and are subject to a maximum purchase limit of $600 per day per verified Firebox Australia account. A verified Firebox Australia account is an account with at least one completed order older than 24 hours.
Subject to the Australian Consumer Law, Vouchers purchased through Firebox Australia cannot be exchanged or refunded, and are valid for such period specified at the time of issue of the Voucher. Firebox Australia reserves the right to cancel any voucher any time without notice. To the extent required by law, including the Australian Consumer Law, Firebox Australia will provide a remedy if it cancels a Voucher.
Vouchers are not available for redemption at Stores that display "Promo code is not valid” and may be valid at other Stores only under certain conditions (for example, first time Firebox Australia customers). One gift voucher cannot be used for more than one order and the full amount must be used in one transaction (no change will be given).

Firebox Australia reserves the right to charge the value of the voucher to your allotted credit card if we determine that the voucher was redeemed contrary to the terms of use.

The right to use a Voucher is personal to the intended recipient and may not be transferred. No Voucher may be copied, reproduced, distributed, or published directly or indirectly in any form or by any means for use by an entity other than the original recipient, or stored in a data retrieval system, without our prior written permission. In particular, Vouchers distributed or circulated without our written approval, for example on an Internet message board or on a "bargains" website, are not valid for use and may be refused or cancelled.
Unless otherwise provided or specified in the Specific Voucher Terms:

8.1 Vouchers may not be used in conjunction with other Vouchers or any other discounts or promotions provided or advertised from time to time;

8.2 each Voucher will be valid for use by a recipient only once;

8.3 each customer or household is limited to one Voucher per promotion or offer; and

8.4 the right to use a Voucher is personal to the original recipient and may not be transferred.

When you use a Voucher you warrant to us that you are the duly authorised recipient of the Voucher and that you are using it in accordance with these terms, lawfully, legally and in good faith. If we believe in our sole discretion that a Voucher is being used in breach of these terms, unlawfully, illegally or in bad faith, we may reject or cancel the Voucher.
Vouchers may not be exchanged for cash.
To the extent permitted by law, including the Australian Consumer Law, we shall not be liable to any customer or household for any loss or claim arising out of the refusal, rejection, cancellation or withdrawal of any Voucher or any failure or inability of a customer or household to use a Voucher.
To the extent permitted by law, including the Australian Consumer Law, we reserve the right, at any time and in our sole discretion, to add to or amend these terms and conditions in relation to the use of Vouchers or to vary or terminate the operation of a Voucher at any time without notice.
All standard terms and conditions from time to time for use of the Website or Application and the Service apply.

#. FIREBOX AUSTRALIA COMPETITIONS TERMS & CONDITIONS

The following general terms and conditions (the "General Competition Terms") will apply to all competitions run by Firebox Australia.
Individual competitions will also be subject to, and the General Competition Terms will be supplemented and/or modified by, additional terms and conditions (the "Specific Competition Terms") that will be specified in connection with each competition.
Competitions are open to individual residents of Australia aged 18 or over, except employees of Firebox Australia, their associated, affiliated or subsidiary companies, and their families, agents, or anyone connected with the competition.
Winners will be responsible for ensuring they are able to accept the relevant prize, as set out and in accordance with these General Competition Terms and any applicable Specific Competition Terms.
We reserve the right to redraw a competition winner if the relevant prize is not accepted or claimed within the time period stated in the applicable Specific Competition Terms.
Completing and submitting a competition entry form will be deemed acceptance of the General Competition Terms and any applicable Specific Competition Terms.
The General Competition Terms and any applicable Specific Competition Terms shall be governed by the laws of New South Wales and subject to the exclusive jurisdiction of the courts of New South Wales.
Any personal data that is collected as part of any Firebox Australia competition will be handled in accordance with our Privacy Policy, which is available at Privacy Policy
To the extent permitted by law, including the Australian Consumer Law, we reserve the right to withdraw any competition at any time without prior written notice and/or to alter or amend the General Competition Terms or the Specific Competition Terms for any competition at any time.
All standard terms and conditions from time to time for use of the Website or Application and Service apply.

Privacy & Security

FIREBOX AUSTRALIA PRIVACY POLICY

By visiting and/or using the Service on the Website, you agree and, where required, you consent to the collection, use, storage, disclosure and transfer of your information as set out in this policy.

INFORMATION THAT WE COLLECT FROM YOU

1.1. When you visit the Website or use the Service to make an Order from a Store through the Website, you may be asked to provide information about yourself including your name, address, contact details, Company represented, ABN (such as telephone and mobile numbers and e-mail address) and payment information (such as credit or debit card information). We may also collect information about your usage of the Website or Application and Service and information about you from the materials (such as messages and reviews) you post to the Website or Application and the e-mails or letters you send to us. Your telephone calls to us may also be recorded for training and quality purposes.

USE OF YOUR INFORMATION

2.2. We may use your information to contact you for your views on the Service and to notify you occasionally about important changes or developments to the Website or the Service.

2.3. When you register with Firebox Australia, you consent to Firebox Australia using your personal information for direct marketing purposes to communicate with you by phone, email or SMS and, if you use our mobile application, via push notification, to tell you about offers, updates and our products and services that may be of interest to you.

You may choose to stop receiving direct marketing communications from a channel at any time by using the unsubscribe mechanism in the marketing communication itself. To opt-out of communications via email click the "unsubscribe" link at the bottom of the email and to opt-out of communications by SMS reply with "STOP". You may also decline marketing messaging sent by push notifications by refusing the relevant permission to our app in your phone or tablet settings, however this will also prevent you from receiving order updates via push.

2.4. Where you have given express consent, you agree that we may also share information with third parties (including those in the products ,Services and rental supplies, marketing and advertising sectors) to use your information in order to let you know about goods and services which may be of interest to you (by post, telephone, mobile messaging (e.g. SMS, MMS etc.) and/or e-mail) in accordance with the Spam Act and the Privacy Act.

We may also disclose your information to help us analyse the information which we collect so that we can administer, support, improve and develop our business and services to you.

2.5. You agree that we may disclose personal information which we collect from you to other companies that also hold information about you. We may also collect personal information from those other companies. We and/or those companies may combine the information in order to better understand your preferences and interests, thereby enabling them and us to serve you better.

DISCLOSURE OF YOUR INFORMATION

SECURITY AND DATA RETENTION

4.3. All user details captured by Firebox Australia are stored securely at all times and will never be provided to any unauthorised third parties. Firebox Australia will store user data in a table from within the application. Passwords save in in encrypted format. We do not store your credit card details; we use token according to payment gateway

Firebox Australia will never save your actual credit card details. We will simply save a reference to your card, which is called a token. This token is provided to us by the payment provider. Saving the token means that for future credit card transactions we can give you the option to charge the same card you used previously without having to re-enter the card details. If, at any time, you wish the token to be removed please email us at sales@firebox.net.auand we will have these removed. In that case you would need to re-enter your card details on the next order.

COOKIES AND THIRD-PARTY ANALYTICS AND ADVERTISING

5.1. We may collect personal information about you when you use and access our website. While we do not use browsing information to identify you personally, we may record certain information about your use of our website, such as which pages you visit, the time and date of your visit and the internet protocol address assigned to your computer.

5.2. We may also use 'cookies' or other similar tracking technologies on our Website or Application that help us track your Website or Application usage and remember your preferences. Cookies are small files that store information on your computer, TV, mobile phone or other device. They enable the entity that put the cookie on your device to recognise you across different websites, services, devices and/or browsing sessions. You can disable cookies through your internet browser but our websites may not work as intended for you if you do so.

5.3. We may also use cookies to enable us to collect data that may include personal information. For example, where a cookie is linked to your account, it will be considered personal information under the Privacy Act. We will handle any personal information collected by cookies in the same way that we handle all other personal information as described in this Privacy Policy.

5.4. This site uses the Google Analytics cookie, and other cookies and identifiers to collect anonymous, aggregated audience data in order to measure user interactions on our site and improve our service. This includes the use of Google Analytics Advertiser Features which provides Demographic and Interest reports, Remarketing,

ACCESSING AND UPDATING

You have the right to see the information we hold about you and to ask us to make any changes to ensure that it is accurate and up to date. If you wish to do this, please contact us using the contact details set out in paragraph 8 below.

CHANGES TO OUR PRIVACY POLICY

Any changes to our Privacy Policy will be posted to the Website or Application and, where appropriate, through e-mail notification. We encourage you to check our Website or Application periodically to ensure that you are aware of our current Privacy Policy.

CONTACT

All comments, queries and requests relating to our use of your information are welcomed. You can also lodge a complaint if you think we have breached the Privacy Act (Cth) 1988 in relation to your personal information. We will acknowledge your complaint and respond to you regarding your complaint within a reasonable period of time. If you think that we have failed to resolve the complaint satisfactorily, we will provide you with information about the further steps you can take. All correspondence should be addressed to Firebox Australia Pty Ltd at 16 Craftsman close Beresfield NSW 2322. Alternatively, you can contact us by emailing sales@firebox.net.au or by calling 1300 123 678.

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