Membership Terms and Conditions
Welcome to Stock Box Online! Our legal name is One Big Idea Pty Ltd. but we do business as Stock Box and Stock Box Online (“Stock Box”). Stock Box and/or our subsidiaries and affiliates provide products, services, content, and other features (the “Stock Box Services”) to you when you use or order on, stockboxonline.com.au, Stock Box social media properties, or our other websites and blogs, and/or other software provided by Stock Box (the “Stock Box Sites”). The Stock Box Sites are owned and operated by One Big Idea Pty Ltd.
Stock Box provides the Stock Box Services and the Stock Box Sites subject to these Terms & Conditions, any terms, conditions, or policies otherwise contained on the Stock Box Sites, any terms, conditions, or policies contained in any Promotion (as defined below), and any updates to any such terms, conditions or policies (collectively, the “Terms”).
Please review the Terms carefully. To make things a little simpler, we refer to Stock Box and its affiliates and subsidiaries as the “Company”, “Stock Box”, “we”, “our”, and “us”. We refer to the users of the Stock Box Sites as “you” and “your”.
BY ACCESSING OR USING THE STOCK BOX SERVICES OR THE STOCK BOX SITES, YOU AGREE TO THESE TERMS; IF YOU DO NOT AGREE, DO NOT USE THE STOCK BOX SERVICES OR THE STOCK BOX SITES. IF YOU VIOLATE THE TERMS, YOUR ACCESS TO AND USE OF THE STOCK BOX SERVICES AND THE STOCK BOX SITES IS UNAUTHORISED.
- UPDATES TO THE TERMS
We may, at any time, revise, change, or otherwise update the Terms. The effective version of the Terms will be available for your review on the Stock Box Sites.
Your continued access or use of any Stock Box Service or Stock Box Site following the posting and/or distribution of a revised, updated, or changed version of the Terms, will mean that you agree to the revised, updated, and/or changed Terms.
- REGISTERING YOUR ACCOUNT
To make a purchase with Stock Box, you must create an account and meet the other requirements established in these Terms. By creating an account, you agree that all of your account information is true and complete, and you will keep your account information current. When you establish a Stock Box account, a password will also be created to enable you to access and use certain portions of the Stock Box Services and the Stock Box Sites.
You agree to keep your username and password confidential, that you are solely responsible for maintaining the confidentiality of your username and password, and that you are solely responsible for restricting access to your computer(s) or mobile device(s). You agree to access the Stock Box Services and/or the Stock Box Sites from devices that have up-to-date operating systems and security software. You agree not to allow anybody else to use your account, including in any way that is meant to circumvent these Terms. Each time a valid password is used with your account, you will be deemed to be authorized to access and use the Stock Box Services or the Stock Box Sites in a manner consistent with the Terms, and we have no obligation to investigate the authorisation or source of any such access or use of the Stock Box Services or the Stock Box Sites. You agree that you will be responsible for all activities that occur under your account or password, including, without limitation, purchases made, and anything else that occurs, through your account, whether or not such access to and use of the Stock Box Services and/or the Stock Box Sites is actually authorised by you, including without limitation, all communications and transmissions and all obligations (including without limitation, financial obligations) incurred through such access or use.
In order to mitigate damages, if you believe someone placed an unauthorised order on your behalf, you agree to notify us immediately of any suspected unauthorised activity on your account by sending an email to firstname.lastname@example.org
- USE OF THE STOCK BOX SITES
We wanted to set some ground rules for your use of the Stock Box Services and the Stock Box Sites, your account, or Promotions that we provide, and/or your interactions with us, other Stock Box customers, or any third party that provides us services. Without limiting anything else in these Terms, you agree that, without our consent, you will not:
- breach the Terms or any other agreement or policy that you have entered with us;
- abuse or exploit the terms of any Promotion;
- violate any law, statute, ordinance, or regulation (for example, those governing financial services, consumer protections, unfair competition, anti-discrimination or false advertising) or act in an unauthorised, deceptive, fraudulent or otherwise unlawful manner, including by providing false, inaccurate, or misleading personal information;
- create more than one account for yourself, by, among other methods, using a name that is not yours, using temporary email address(es) or phone number(s), or providing any other falsified personal information, including, without limitation, for the purpose of misuse of Promotions;
- unreasonably use Stock Box Services or Stock Box Sites in any way, including but not limited to creating multiple accounts or placing multiple orders, for the likely purpose (as determined by Stock Box in its sole discretion) of obtaining a benefit not intended by Stock Box (for example, misusing Promotions by obtaining multiple samples, promotions, discounts or giveaways despite being limited from doing so by the respective terms of such samples, promotions, discounts or giveaways);
- use the Stock Box Services or the Stock Box Sites for the benefit of another business for any commercial or resale purpose, including, without limitation, by placing multiple orders on one account but with multiple different shipping addresses in order to fulfil your businesses orders or reproducing, duplicating, copying, selling, reselling, or otherwise exploiting any Stock Box Service, Stock Box Site, Promotion, or any part thereof, for any commercial purpose;
- infringe Stock Box’s or any third party's copyright, patent, trademark, trade secret or other intellectual property rights, or rights of publicity or privacy;
- act in a manner that or upload to, distribute, or otherwise publish through the Stock Box Sites any content, information, or other material that: (a) violates or infringes the copyrights, patents, trademarks, service marks, trade secrets, or other proprietary rights of any person; (b) is threatening, defamatory, obscene, indecent, pornographic, or could give rise to any civil or criminal liability under Australian or international law; or (c) includes any bugs, viruses, worms, trap doors, backdoors, rootkits, Trojan horses or other malicious or harmful code or properties;
- refuse to cooperate in an investigation regarding, or provide confirmation, of your identity or personal information you provide to us;
- use the Stock Box Services or the Stock Box Sites in a manner that results in, or may result in, complaints, disputes, claims, reversals, chargebacks, fees, fines, penalties and other liability to us, a user, a third party, or you;
- use your account or the services in a manner that we, Visa, MasterCard, American Express or Pay Pal reasonably believe to be an abuse of the credit card system or a violation of credit card association rules;
- disclose or distribute another user's personal information to a third party, or use the information for marketing purposes, unless you receive the user’s express consent to do so;
- send unsolicited email, SMS, MMS, or other messages to a user or use the services to collect payments for sending, or assisting in sending, unsolicited email to third parties;
- take any action that imposes an unreasonable or disproportionately large load on our infrastructure;
- use an anonymising proxy or use any robot, spider, other automatic device, or manual process to monitor or copy the Stock Box Services or the Stock Box Sites;
- use any device, software or routine to bypass our robot exclusion headers, or interfere or attempt to interfere, with the Stock Box Sites or the Stock Box Services;
- frame or utilise framing techniques to enclose any trademark, logo, or other proprietary information (including images, text, page layout, or form) of Stock Box;
- use any meta tags or any other “hidden text” utilising Stock Box’s name or trademarks;
- take any action that may cause us to lose any of the services from our internet service providers, payment processors, or other suppliers; or
- use the Stock Box Services or the Stock Box Sites to test credit card behaviours.
We reserve the right to refuse service, terminate accounts, suspend accounts, prevent the application of a Promotion, remove or edit content or products, cancel orders at any time and in our sole discretion, and/or take any other legal action available to us under the Terms or at law, including, without limitation, if we believe that your conduct violates the Terms, applicable law, is harmful to our interests, or is against, without limitation, the spirit of the Terms, the Stock Box Services, the Stock Box Sites, or a particular Promotion.
By using the Stock Box Sites, you represent and warrant that you are either at least 18 years of age or are using a Stock Box Site under the supervision of a person who is at least 18 years of age. As discussed below, you must be at least 18 years of age to purchase 18+ products or Cigarettes
Access and License
Subject to your compliance with the Terms and the intended use of the Stock Box Services and the Stock Box Sites and your payment of any costs or fees for the Stock Box Services, we hereby grant you a single, non-exclusive, non-transferable, non-sublicensable, revocable limited personal license to access and use the Stock Box Services and the Stock Box Sites. Any violation, misuse, or breach of, or failure to comply with, the Terms shall result in the immediate revocation and termination of the licenses granted to you in these Terms, without notice to you by us, in our sole discretion. All rights not expressly granted to you in the Terms are reserved and retained by Stock Box or its licensors, suppliers, publishers, rights holders, or other content providers.
Much of the information and data and many of the images on the Stock Box Sites are updated on a real-time basis and are proprietary or may be licensed to us by others. Therefore, except as permitted in these Terms, you may not reproduce, distribute, use, display, sell, lease, transmit, create derivative works from, translate, modify, reverse-engineer, disassemble, decompile, hack or otherwise exploit the Stock Box Services or the Stock Box Sites, or any portion thereof, unless expressly permitted by us in writing prior to such action. Apart from web browsers, mobile operating systems and approved APIs, you agree not to use any software, program, application or any other device to access or log on to our computer systems, the Stock Box Services, the Stock Box Sites or proprietary software, or to automate the process of obtaining, downloading, transferring or transmitting any content, information to or from our computer systems, the Stock Box Services, the Stock Box Sites or proprietary software. You agree not to alter, or misuse screenshots obtained from the Stock Box Services or the Stock Box Sites or use product images outside of the Stock Box Services or Stock Box Sites. You may not incorporate any portion of the Stock Box Services or Stock Box Sites into your own programs or compile any portion of them in combination with your own programs, transfer it for use with another service, or sell, rent, lease, lend, loan, distribute or sub-license the Stock Box Services or Stock Box Sites or otherwise assign any rights to the Stock Box Services or Stock Box Sites in whole or in part.
- PRICING, SHIPPING, ORDER REQUIREMENTS, PROMOTIONS AND SAMPLES
Pricing and Reported Savings
Stock Box continuously works to offer competitive prices on everything we carry. From time to time, prices are subject to change in our sole discretion. In certain instances, and for certain products, we may also report suggested savings as a percentage.
Stock Box only ships within Australia. Orders placed with us are fulfilled by our logistics partner and delivered via Australia Post. Orders placed direct third parties, are delivered by other private couriers (“Delivery Service”). We will share your delivery information (name, location/address and phone number) with the Delivery Service for the sole purpose of facilitating the delivery of your Stock Box order to you.
The exact delivery date of your order may depend on other factors, including, without limitation, the date and time you place your order, the schedules and processes of our shipping partners, holiday schedules, weather, and other factors. Even though we try to anticipate delays, we cannot predict or always prepare for delays caused by carriers, mistakes in delivery or shipment information, changes to orders, strikes, bad weather, or other similar circumstances. Your order may arrive in one or several boxes over the course of one or more days. If there is a delay, we will do whatever we can to help move things along, although we cannot promise we’ll be able to resolve the delay. When you receive your order, remember to use discretion when lifting boxes and removing items. From time to time, we receive requests to pack orders in multiple boxes. We cannot guarantee that we can or will fulfil such requests. Stock Box is not responsible for orders that are lost or stolen. If you have questions about your delivery, please contact us at email@example.com
Minimum or Maximum Order Requirements and Free Shipping
We and our partners may, in our sole discretion, set and adjust minimum (or maximum) quantity and/or price requirements from time to time for any order or attempted order placed on the Stock Box Sites.
We and our partners may also, in our sole discretion, set and adjust minimum (or maximum) quantity and/or price requirements from time to time for any user to receive free shipping on any order placed on the Stock Box Sites.
Premium Stock Box Services
We may provide certain premium products and services from time to time, which Stock Box may charge you to access. You may access such paid portions of the Stock Box Services and the Stock Box Sites upon entering valid payment information and maintaining such payment method in full force and effect so long as the paid services are provided by Stock Box and accessed by you. You understand that such paid services may be governed by additional terms and conditions specific to such paid services.
You acknowledge and agree that Stock Box may, at any time and without notice, in its sole discretion, change its payment policies for the paid services, or the premium products and services provided thereunder, including, without limitation, by converting any or all portions of the Stock Box Services and access to the Stock Box Sites into paid services.
Terms of Promotions
From time-to-time, we may make certain offers, sales, Promo Codes (defined below), offer cards and gift codes, services, discounts, coupon offerings, giveaways, promotional credits, Cash Rewards (as defined below), free samples, specials, user-generated content opportunities, contests, sweepstakes and other promotions (each a “Promotion” and, collectively, the “Promotions”) available to you. Promotions may be publicised on the Stock Box Sites, through advertisements, and/or through other marketing channels. If you participate in, use, or apply any Promotion, you will be subject to the Terms and any additional terms, conditions, rules, and policies applicable to the Promotion.
Unless otherwise disclosed in any applicable Promotion-specific terms, disclaimers, conditions, rules, or policies, Promotions are not combinable with other Promotions, have expiration dates, cannot be applied to past purchases, are subject to certain caps and limitations, are only valid for their intended audience, are non-transferable, cannot be redeemed for cash or any cash equivalent, can only be used once, can only be redeemed through the Stock Box Sites or the Stock Box Services, and may be modified, replaced, suspended or terminated at any time by Stock Box at Stock Box’s sole discretion. Certain Promotions shall only be applicable on repeat orders. Stock Box determines, in its sole discretion, the accrual rates, redemption amounts and thresholds, and method and timing for the application or implementation of any Promo Code, Cash Rewards, discount, promotional credits or other Promotion and/or any other restrictions as may be determined and communicated by Stock Box in its sole discretion. Only valid Promo Codes provided or promoted by Stock Box will be honoured at checkout. Theft, reproduction, duplicate requests and/or other behaviour intended to circumvent the proper redemption of Promo Codes is prohibited and may constitute fraud. Where noted, you must add giveaway items to cart, select coupons to have such coupons apply to your order, or enter any discount codes at checkout. Certain Promotions shall only be applicable to first orders. Unless otherwise specified in the terms and conditions of the particular Promotion, Promotions shall never apply to orders placed through business accounts that utilize separate credit terms agreed to with Stock Box.
Stock Box may exclude certain product categories, certain specific products, and certain brands from Promotions from time to time in the exercise of Stock Box’s sole discretion. Such exclusions may include other goods and services sold and/or shipped by third parties listing their goods on the Stock Box Sites from time to time.
Free Product Samples
Stock Box users may have access to free product samples, as offered from time-to-time by Stock Box, in its sole discretion. Product samples are subject to availability and may be replaced by Stock Box with substitutes of greater, equivalent, or lesser value to any sample advertised by Stock Box or selected by you. To receive free product samples, you must add the requested samples to your cart on one of the Stock Box Sites prior to checking out. If free product samples are not added to your cart before checkout, such samples will not be included in your order. Free product samples cannot be added to previously placed orders. Creating multiple accounts, placing multiple orders and/or other behaviours intended to circumvent the proper redemption of free product samples is prohibited and may constitute fraud, and, as a result, Stock Box may revoke any or all your rights granted under these Terms.
In certain circumstances, all of the products in your Stock Box order may be fulfilled solely by a third-party. In such circumstances, Stock Box shall be under no obligation to provide, ship, or replace any free product samples.
Stock Box may include a free product sample in your order that does not require your selection or express addition to your cart. By using the Stock Box Services and Stock Box Sites, you agree to receive free product samples provided by Stock Box without any action by you, subject to availability and in Stock Box’s sole discretion. You understand that it is important to read the ingredients contained in free sample products, which may be made with known food allergens. We do not separate products based on their listed ingredients and the potential for any ingredient to be an allergen.
- INFORMATION AND PRODUCT DESCRIPTIONS
We may include product descriptions on the Stock Box Sites or in the Stock Box Services. We do not, however, represent or warrant that any such product descriptions, including weight and size, or other such statements or content are accurate, complete, reliable, current, or error-free. Product images used on the Stock Box Sites are intended to represent brands or types of products and may not represent the exact size, flavour, type, quantity, or other specific details about the product you are purchasing. We do our best to keep images of product packaging up to-date on the Stock Box Sites, but you may receive a product with different packaging when there is a change from the manufacturer. If you believe a product offered on the Stock Box Sites, or through the Stock Box Services, is not as described, your only remedy is to return it in unused condition or to seek redress from the manufacturer.
If you find a description in poor taste, please notify us at firstname.lastname@example.org and it may be edited in our sole discretion.
Submissions or opinions expressed in any of the Stock Box Services or the Stock Box Sites are that of the individual expressing such submission or opinion and may not reflect our opinions. Unless we expressly state otherwise, we do not endorse any submission or opinion expressed by a third party in any of the Stock Box Services or the Stock Box Sites. Unless we expressly state otherwise, the fact that Stock Box has provided a link to a site is not an endorsement of the service or site, its content or its sponsoring organizations. We do not assume any responsibility or liability for the actions, product and content of all these and any other third parties. You should carefully review their privacy statements and other conditions of use.
Any product representations or warranties expressed in any of the Stock Box Services or the Stock Box Sites are that of the vendor, manufacturer, distributor or supplier and are not made by us. Such representations and warranties include, but are not limited to, vendor promises visible on the packaging of the product and hence in the product image within the any of the Stock Box Services or the Stock Box Sites.
Our fulfillment centres handle and store a variety of products, including products made with known food allergens. We do not separate products based on their listed ingredients.
The Stock Box Services and/or the Stock Box Sites may make available certain data, news, research, statistics, stories, product descriptions, labels, ingredient lists, product photographs, other photographs, opinions, or other information (collectively “Information”) that we may have prepared ourselves or that may have been prepared independently by and obtained by Stock Box from manufacturers, vendors, suppliers, other services, news sources, statistics providers, journalists, authors, and other providers (collectively the “Information Providers”). We do not represent, warrant, guarantee, or certify the accuracy, completeness, reliability, timeliness, or correct sequencing of the Information made available on the Stock Box Sites or through the Stock Box Services. You agree that Stock Box and the Information Providers shall not be liable in any way for the inaccuracy, incompleteness, untimeliness, or incorrect sequencing of the Information, or for any decision made or action taken by you relying upon the Information. You further agree that neither Stock Box, nor the Information Providers will be liable in any way for the interruption of any data, Information or other aspect of the Sites. You understand that none of the Information available through the Stock Box Services or the Stock Box Sites constitutes a recommendation or solicitation to take or not take any action.
- OUT OF STOCKS
If a product you have selected is not in stock, we reserve the right to, at our discretion, to replace the product with an equivalent or similar product, provide you with a credit to your account for the amount paid for such item, or refund you for the item.
- INTELLECTUAL PROPERTY
All text, data, graphics, button icons, images, audio clips, and software (collectively, “Content”) on the Stock Box Sites are the exclusive intellectual property of Stock Box, are licensed to Stock Box by third parties, or are otherwise permitted to be used by Stock Box. The collection, arrangement, and assembly of all Content on the Stock Box Sites (the “Compilation”) belongs exclusively to Stock Box. The Stock Box Services and the Stock Box Sites, their Content and Compilation, and all software used therein is owned by, licensed to, or otherwise permitted to be used by Stock Box and all owned intellectual property is protected by Australian copyright laws, as amended, and all applicable intellectual property laws of other countries. All software used in any of the Stock Box Services or the Stock Box Sites (the “Software”) is the property of Stock Box or its Software suppliers, which is also protected by Australian and international copyright laws. Stock Box, and other logos, slogans, trade names or words are trademarks and, in some cases, are pending registration.
The use of any of Stock Box’s Intellectual Property (as defined below), or the Intellectual Property of third parties that appears on the Stock Box Sites, or in the Stock Box Services, without our express written consent, or the express written consent of such third parties, is strictly prohibited. “Intellectual Property” includes, but is not limited to, all Content, Compilation, Software, logos, slogans, trade names, meta tags, and all other copyrighted information, trademarks or service marks, trade secrets, and patents.
- DISCLAIMER OF WARRANTIES
The Stock Box services, the Stock Box sites, and all information, software, content, materials, items, advice, and other services included on or otherwise made available to you through the Stock Box services or the Stock Box sites are provided solely on an 'as is' and 'as available' basis and, therefore, your use of the Stock Box services and/or the Stock Box sites is at your risk. Stock Box makes no representations or warranties of any kind, express or implied, as to the operation of the Stock Box services, the Stock Box sites or any information, software, content, materials, items, advice, and other services included on or otherwise made available to you through the Stock Box services or the Stock Box sites.
We disclaim, to the fullest extent permitted by law, all warranties of any kind in connection with the use of the Stock Box services and/or the Stock Box sites, whether express or implied. These disclaimers include, without limitation: the implied warranties of merchantability and fitness for a particular purpose; any warranties implied from a course of performance or course of dealing; that access to the Stock Box services or the Stock Box sites will be uninterrupted, error-free, or free from inaccuracies, mistakes or typographical errors; that the Stock Box services or the Stock Box sites will be secure; that the Stock Box services, the Stock Box sites or the servers that make the Stock Box services and/or the Stock Box sites available will be virus-free or free of other harmful components; that communications sent from the Stock Box services, the Stock Box sites, or third parties working on behalf of Stock Box are free of malware or other harmful components; and that the Stock Box services, the Stock Box sites, or any information, software, content, materials, items, advice, or other services included on or otherwise made available to you through the Stock Box services, the Stock Box sites, servers, or electronic communications sent from Stock Box or third parties working on behalf of Stock Box are free of viruses or other harmful components.
To the fullest extent permitted by applicable law, you acknowledge and agree that:
- You assume full responsibility for your use of the Stock Box services and/or the Stock Box sites and that any information you send or receive during your use of the Stock Box services and/or the Stock Box sites may not be secure and may be intercepted or otherwise accessed by unauthorised parties; and
- Stock Box is not responsible for any loss or damage to your property or data that results from any materials you access or download from the Stock Box sites or through the Stock Box services.
Nothing in this section shall exclude or limit these warranties, representations or conditions to the extent they may not be lawfully excluded or limited by applicable law, in which case, such warranties, representations or conditions will be excluded and limited to the greatest extent permitted by applicable law.
- LIMITATION OF LIABILITY
You acknowledge and agree that, to the fullest extent permissible by applicable law, neither Stock Box nor its employees, board of directors, officers, investors, representatives, suppliers, or third party service providers will be liable for any damages of any kind, including, without limitation, any incidental, direct, indirect, punitive, consequential, special damages, loss of revenue or income, lost profits, exemplary, cost of substitute goods or services, or similar damages suffered or incurred by you or any third party, arising from: (i) the use of any of the Stock Box services, the Stock Box sites, or information, software, content, compilations, and other services included on, or otherwise made available to you through the Stock Box services or the Stock Box sites; (ii) any content posted on the Stock Box sites or available through the Stock Box services (including claims of infringement relating to that content); (iii) the Stock Box services, the Stock Box sites or any other sites you access through a link from the Stock Box sites; (iv) the conduct of third parties on or through the Stock Box services or the Stock Box sites; (v) any actions we take or fail to take as a result of communications you send to us; (vi) any delay in or inability to use the Stock Box services or the Stock Box sites or any information, items, or services advertised on or obtained through the Stock Box services or the Stock Box sites; (vii) Stock Box’s removal or deletion of any materials submitted or posted on through the Stock Box services and the Stock Box sites; (viii) any defamatory, offensive, or illegal conduct of any seller, shopper, or other user of the Stock Box services and/or the Stock Box sites; (ix) any act or omission of you, Stock Box, or any third party on the Stock Box at or on physical premised owned, operated, maintained, licensed, or used by Stock Box, including in connection with the pickup of any products offered on the Stock Box sites by you at any Stock Box fulfillment centre or participation in any event, contest, sweepstake, promotion, or other similar activity conducted at a physical location; or (x) otherwise arising out of your use of the Stock Box sites, in each case, whether based on contract, tort, strict liability, or otherwise, even if Stock Box, its suppliers, third party content providers, or any other person has been advised of the possibility of damages.
To the fullest extent permissible by applicable law, Stock Box shall not be responsible for any actions you may or may not take as a result of using the Stock Box services or the Stock Box sites, and you expressly agree that your use of the Stock Box services and the Stock Box sites is at your sole risk. Please do not use the Stock Box services and/or the Stock Box sites while driving or operating heavy machinery.
This section 10 and limitation applies, without limitation, to any damages or injury arising from any failure of performance, error, omission, interruption, deletion, defects, delay in operation or transmission, computer viruses, file corruption, communication-line failure, network or system outage, your loss of profits, any theft, destruction, unauthorised access to, alteration of, loss, or use of any record or data, and any other tangible or intangible loss.
You agree that, if any portion of this section 10 is found invalid, void, or for any reason unenforceable, Stock Box’s total liability to you for damages of any kind regarding the use of the Stock Box services or the Stock Box sites (regardless of the foundation for the action) shall not exceed the value of a refund for any product that is returned by you to Stock Box. This limitation expressly applies only to economic damages arising from the use of the Stock Box services and sites and does not apply to personal injury or any injury caused by alleged fraud of Stock Box.
You agree, to the fullest extent permitted by law, to indemnify and hold Stock Box and its affiliates, officers, directors, representatives, members, shareholders, agents, suppliers, distributors, employees, service or third party providers, contractors, subcontractors, and licensors harmless from any claim, demand, damages, penalties, fines, costs, amounts paid in settlement, liabilities, obligations, taxes, liens, losses, expenses, fees and court costs and reasonable attorneys’ fees and expenses incurred in connection with any litigation made by any third party arising from: (i) your use of and access of the Stock Box Services or the Stock Box Sites, including in connection with your presence on any physical property owned, operated, licensed, or maintained by Stock Box from time to time; (ii) your violation of any term of the Terms; (iii) your violation of law or of any third party right, including without limitation infringement of the rights of a third party or of any copyright, property, or privacy right; (iv) any claims resulting from content you supply; (v) your unconscionable commercial conduct; or (vi) any other claim that your use of the Stock Box Services or the Stock Box Sites caused damage to a third party. Stock Box reserves the right, at its own expense, to assume exclusive defence and control of any matter otherwise subject to indemnification by you and, in any case, you agree to cooperate with Stock Box if and as requested by Stock Box in the defence of such matter.
- RISK OF LOSS
All goods and products purchased by you from Stock Box are delivered pursuant to a shipment contract by a third-party package delivery company. We shall use commercially reasonable efforts to ensure the performance of such third-party suppliers and shipping companies but shall not be responsible for their failure or for their other acts or omissions.
- RETURN POLICY
To qualify for a return, a return request must be made within twenty-four (24) hours of delivery, as reported by the respective third-party package delivery company.
Users may not return items for reason of stock or inventory balancing, offsetting unused inventory, insufficient expiry period, inability to resell items, quantity miscalculation, or reversing initial acceptance of purchased orders. All specialised or custom purchases, including, without limitation, phone orders, orders made pursuant to purchase order, business orders, discounted orders, and custom pallet orders requiring special delivery accommodations by Stock Box, are not eligible for return, unless otherwise agreed in writing by Stock Box, in its sole discretion.
If the Return Policy allows for a return, or we otherwise agree to a return in writing, we do not take title to returned items until the item arrives at our fulfillment centre. We will only issue a refund upon receiving the returned item at our fulfillment centre. At our discretion, a refund may be issued without requiring a return. In this situation, we do not take title to the refunded item.
- MODIFICATIONS TO THE STOCK BOX SERVICES, THE STOCK BOX SITES, AND TERMS
Stock Box reserves the right to terminate, modify, cancel or discontinue, temporarily or permanently, all or any portion of the Stock Box Services and/or the Stock Box Sites with or without notice. Stock Box also reserves the right to terminate, discontinue, modify or cancel any or all Promotions, including, without limitation Promo Codes and the Cash Rewards program, Stock Box Up, Stock Box subscription services, and/or the Terms, terms, any policy, FAQ, and/or guideline pertaining to the use of the Stock Box Services, the Stock Box Sites, and/or any Promotion, product, or service at any time and in its sole discretion without notice to you. Any changes or modifications to any of the foregoing will be effective immediately upon posting the revisions on the Stock Box Sites or through the Stock Box Services. As stated above, your use of the Stock Box Sites, Stock Box Services, any Promotion, Cash Rewards, Stock Box Up, Stock Box subscription services, or any other product or service confirms your acceptance of the Terms and any such changes or modifications.
- TERMINATION AND EFFECT OF TERMINATION
In addition to any other legal or equitable remedies, we may, without prior notice to you, immediately terminate the Terms and/or or terminate or revoke any or all your rights granted under the Terms. Upon any such termination, you shall immediately cease all access to and use of the Stock Box Services and the Stock Box Sites and we shall, in addition to any other legal or equitable remedies, immediately revoke all usernames, password(s), and account identification issued to you and deny your access to and use of the Stock Box Services, the Stock Box Sites, Stock Box subscription services, and any Promotions, products, or other services in whole or in part. Any termination of the Terms shall not affect the respective rights and obligations (including without limitation, payment obligations) of the parties arising before the date of termination.
The provisions of the Terms are intended to be interpreted in a manner which makes them valid, legal, and enforceable. If any provision of the Terms is found to be partially or wholly invalid, illegal or unenforceable, such provision shall be modified or restricted to the extent, and in the manner, necessary to render it valid, legal, and enforceable. It is expressly understood and agreed between the parties that such modification or restriction may be accomplished unilaterally by us, or alternatively, by disposition of an arbitrator or a court of law. If such provision cannot under any circumstances be so modified or restricted, it shall be excised from the Terms without affecting the validity, legality or enforceability of any of the remaining provisions.
- FULFILLED BY THIRD PARTIES
Certain products and services marketed on the Stock Box Sites are stored, shipped, and fulfilled by third-party manufacturers, distributors, suppliers, and/or other independent parties. These products will not be in orders coming directly from a Stock Box fulfillment centre. Instead, they will be shipped to you directly from the third party. Stock Box will endeavour to identify such relationships on the applicable product pages and/or in the product description, but makes no guarantee, representation, or warranty that all or any products fulfilled by third parties will be so identified. In instances where products fulfilled by third parties are displayed on the Stock Box Sites, Stock Box is acting solely in its capacity as marketer to such third parties with respect to the products and services fulfilled by such third parties.
Once you have placed an order through the Stock Box Sites for products and services that are fulfilled by parties other than Stock Box, we will send you an order acknowledgement by email setting out what you have ordered.
Certain products and services fulfilled by third-parties may require additional time for delivery, may involve surcharges for shipping, handling, and/or delivery, may require age verification upon delivery, or may have additional requirements imposed by the third party fulfilling the order for these products and services in order to process orders and completed delivery. Stock Box will endeavour to describe all requirements applicable to such third party products and services, but makes no guarantee, representation, or warranty that all or any requirements applicable to such third-party products and products will be identified, or, if identified, that such identified requirements will be accurate or complete.
- GOVERNING LAW AND JURISDICTION
The laws of the state of New South Wales apply to everything relating to your relationship and dealings with Stock Box. This means that the terms, any and all disputes, claims and controversies arising out of or relating to the Stock Box services or the Stock Box sites shall be governed in accordance with the laws of the state of New South Wales.
Please send any questions or comments regarding the Stock Box Services or the Stock Box Sites to: email@example.com or
One Big Idea Pty Ltd
PO Box 6483
Baulkham Hills BC, NSW 2153
Attention: Customer Service