Please read these conditions carefully before using PurchasePlus Services. By using PurchasePlus Services, you agree to be bound by these conditions.

Welcome to PurchasePlus Services. Before you dive in, we kindly ask you to read these conditions attentively. By engaging with PurchasePlus Services, you consent to these terms.

Who We Are: 'Marketboomer Pty Ltd', 'PurchasePlus', 'us', 'our', and 'we' refer to the entity behind this platform, located at 4/11 York Street, Sydney, New South Wales, Australia. 'You' and 'your' denote you, the esteemed user of our services.

Your privacy is paramount. Our Privacy Policy outlines how we handle your data and is integral to your use of PurchasePlus Services. It details our data collection, usage, and sharing practices, underscoring our commitment to handle your information with the utmost care.

What We Collect: Your interactions with PurchasePlus Services automatically provide us with data like transactional and ordering details.

Why We Use Your Data: Our aim is to enhance the services we offer. This includes:

- Order Processing: Handling your purchases and providing the services you request.
- Service Improvement: Enhancing functionality, troubleshooting, and elevating user experience.
- Legal Compliance: Adhering to legal requirements.
- Communication: Keeping you informed about your orders and updates related to PurchasePlus Services.

‍We respect your privacy and do not sell your personal information. Data sharing is limited and purposeful, primarily to improve service offerings or comply with legal obligations. For instance, order details may be shared with third-party sellers when you make a purchase through our platform.

We prioritise your data's security, employing encryption and comprehensive safeguards to protect your information. While we strive to maintain the highest security standards, we also encourage you to safeguard your account details.

You have control over the information you provide. However, opting not to share certain data may affect your ability to use some PurchasePlus Services fully. For any concerns regarding data use, our Customer Service Team is here to assist.

When you use any PurchasePlus Service or send e-mails, text messages, and other communications from your desktop or mobile device to us, you are communicating with us electronically. We will communicate with you electronically in a variety of ways, such as by e-mail, text, in-app push notices or by posting e-mail messages or communications on the website or through the other PurchasePlus Services, such as our message centre. You consent to receive communications from us electronically and agree that communications that we provide to you electronically satisfy any legal requirement that such communications be in writing.

All content included in or made available through any PurchasePlus Service, such as text, graphics, logos, button icons, and images is the property of Marketboomer or its content suppliers and is protected by Australian and international copyright and authors' rights laws and (where applicable) database right laws.

Other than to the extent necessary to use any PurchasePlus Service for its permitted purpose and in accordance with these Conditions of Use, you may not copy, extract and/or re-utilise any content of any PurchasePlus Service without our express written consent, including, without limitation, any product listings, descriptions, prices and account information. In particular, you may not utilise any data mining, robots, or similar data gathering and extraction tools to extract (whether once or many times) for re-utilisation of any substantial parts of any PurchasePlus Service or its content, without our express written consent. You may also not create and/or publish your own database that features substantial parts of any PurchasePlus Service or its content without our express written consent.

PurchasePlus grants you a limited, non-exclusive, non-transferable, non-sublicensable, revocable right to access and make personal and non-commercial use of the PurchasePlus Services. The right granted to you does not include any license or permission to use the PurchasePlus Service or any part thereof for the benefit of any third party or to resell or make any commercial or derivative use of any PurchasePlus Service or any part thereof.

All rights not expressly granted to you in these Conditions of Use are reserved and retained by Marketboomer or its licensors, suppliers, publishers, rightsholders, or other content providers.

You may not misuse the PurchasePlus Services. You may use the PurchasePlus Services only as permitted and in accordance with law. Without limiting any other rights we have at law and under these Conditions of Use, the access and use rights granted by Marketboomer under these Conditions of Use terminate if you do not comply with this Section.

You are responsible for maintaining the confidentiality of your account and password. Except to the extent caused by our breach of this Agreement, you are responsible for all activities that occur under your account regardless of whether the activities are authorised by you or undertaken by you, and we are not responsible for unauthorised access to or use of your password or account. You should take all necessary steps to ensure that your password is kept confidential and secure and should inform us immediately if you have any reason to believe that your password has become known to anyone else, or if your password is being, or is likely to be used in an unauthorised manner.

You may not use any PurchasePlus Service: (i) in any way that causes, or is likely to cause, any PurchasePlus Service, or any access to it to be interrupted, damaged or impaired in any way, (ii) in any way that may interfere with or harm any other user of a PurchasePlus Service; (iii) for fraudulent purposes, or in connection with a criminal or other unlawful activity, or (iv) in any manner that is not permitted under these Conditions of Use.

If we have concerns with your account, or activity relating to your account, or if you are in breach of applicable laws, these Conditions of Use, we reserve the right to take action on your account in accordance with these Conditions of Use, including without limitation by (i) refusing service, (ii) suspending or restricting access to your account, or (iii) terminating your account. The action we elect to take and any notice you may receive will vary depending on the PurchasePlus Service, the circumstances and our assessment of relevant factors. Suspension or termination of any PurchasePlus Service may occur in connection with, or result in suspension or termination of other PurchasePlus Services. At any time, you may, using the tools and settings we make available to you for each PurchasePlus Service, cease using any PurchasePlus Service, terminate your account or the PurchasePlus Service.

Parties other than Marketboomer provide services or sell products through PurchasePlus. We are not responsible for examining or evaluating, and we do not warrant or accept any responsibility or liability for the actions or offerings of, any other party or their content, services or products.

Marketboomer, through PurchasePlus Marketplace, allows third-party sellers to list and sell their products on our PurchasePlus applications. While PurchasePlus helps facilitate transactions that are carried out on the PurchasePlus Marketplace, PurchasePlus is neither the buyer nor the seller of the seller's items. PurchasePlus provides a venue for sellers and buyers to negotiate and complete transactions. Accordingly, the contract formed at the completion of a sale for these third party products is solely between the buyer and seller. PurchasePlus is not a party to this contract nor assumes any responsibility arising out of or in connection with it nor is it the seller's agent. The seller is responsible for the sale of their products and for dealing with any buyer claims or any other issue arising out of or in connection with the contract between the buyer and seller.

Unless otherwise specified in writing, PurchasePlus disclaims, and does not make, any representation or warranty of any kind in respect of the PurchasePlus Services including without limitation any representation or warranty (i) that they are free of viruses or other harmful components; (ii) that your use of the PurchasePlus Services will be uninterrupted or error-free; or (iii) as to the suitability or availability of the PurchasePlus Services.

PurchasePlus will not be responsible for: (i) losses arising from the unavailability of, or your inability to use any PurchasePlus Services), (ii) losses that are not directly caused by any breach on our part; (iii) any business loss, loss of sales, profits, revenue, contracts, anticipated savings, data, goodwill or wasted expenditure; (iv) any indirect or consequential losses; (v) any delay or failure to comply with our obligations under these conditions if the delay or failure arises from any cause which is beyond our reasonable control. For any other loss relating to any PurchasePlus Services, we limit our liability to the amount you have paid to us for the relevant PurchasePlus Service.

Nothing in these conditions is intended to (i) override any express commitments PurchasePlus gives to you for particular PurchasePlus Services or (ii) exclude, restrict or modify any right or remedy you have in statute including under the Australian Consumer Law or otherwise to the extent that that right or remedy cannot be excluded, restricted or modified under law. Any disclaimer, exclusion, or limitation in these conditions applies as provided for in these conditions to the full extent permitted by law and subject to any such non-excludable right or remedy.

The laws of New South Wales govern this Agreement and any dispute of any sort that might arise between the parties. Any dispute relating in any way to this Agreement will only be adjudicated in the courts of New South Wales. Each party consents to the exclusive jurisdiction and venue in these courts. Notwithstanding the foregoing, either party may seek injunctive relief in any state, federal, or national court of competent jurisdiction for any actual or alleged infringement of such party's, its affiliates' or any third party's intellectual property or other proprietary rights. The United Nations Convention on Contracts for the International Sale of Goods, and any local laws implementing the Convention on Contracts for the International Sale of Goods, do not apply to this Agreement.

We reserve the right to cease providing any PurchasePlus Service to you, to discontinue any PurchasePlus Service and to make changes to any PurchasePlus Services at any time. Your access to PurchasePlus Services may be suspended or restricted in accordance with these Conditions of Use, and as necessary for our business operations including without limitation to allow for repairs, maintenance or the introduction of new features or services.

We reserve the right to make changes to any Conditions of Use at any time by posting the changes on our website. You will be subject to the Conditions of Use made available on the website at the time that you use the PurchasePlus Services. You may at any time, cease using any PurchasePlus Services, or terminate your account or the relevant PurchasePlus Service (in accordance with the relevant Section) including in the event of any such change.

If any of these Conditions of Use is deemed invalid, void, or for any reason unenforceable, that condition will be deemed severable and will not affect the validity and enforceability of any remaining condition.

If you breach these Conditions of Use and we take no action, we will still be entitled to use our rights and remedies in any other situation where you breach these Conditions of Use.

For any questions, please contact us please contact Marketboomer Pty Ltd via email on help@marketboomer.com or phone us on +61282157133.

Marketboomer Pty Ltd V2.10
Last Updated November 15 2022