Terms of Service

OVERVIEW

This website is managed by Backpack Bazaar. Throughout the site, the terms “we,” “us,” and “our” refer to Backpack Bazaar. Backpack Bazaar offers this website, including all the information, tools, and services available on it, conditioned upon your acceptance of all terms, conditions, policies, and notices listed here.

By visiting our site and/or purchasing from us, you participate in our “Service” and agree to abide by the following terms and conditions (“Terms of Service” or “Terms”), including any additional terms and conditions and policies referred to here and/or available by hyperlink. These Terms of Service apply to all users of the site, including, without limitation, browsers, vendors, customers, merchants, and content contributors. Please read these Terms carefully before accessing or using our website. By accessing or using any part of the site, you agree to be bound by these Terms. If you do not agree to all the terms and conditions of this agreement, you may not access the website or use any services. If these Terms of Service are deemed an offer, acceptance is limited to these Terms.

Any new features or tools added to the current store are also subject to the Terms of Service. You can review the latest version of the Terms of Service at any time on this page. We reserve the right to update, change, or replace any part of these Terms by posting updates and/or changes on our website. It is your responsibility to check this page periodically for updates. Your continued use of or access to the website after any changes are posted constitutes your acceptance of those changes.

Our store is hosted on Shopify Inc., which provides us with the online e-commerce platform that enables us to sell products and services to you.

ARTICLE 1 - ONLINE STORE TERMS OF SERVICE

By agreeing to these Terms, you confirm that you are at least the age of majority in your state or province of residence or that you are of the age of majority and have given us your consent to allow any minor dependents to use this site.
You must not use our products for illegal or unauthorized purposes, nor may you, in using the Service, breach any laws in your jurisdiction (including copyright laws).
You may not transmit any destructive code, viruses, or worms. Violation of any of these Terms will result in immediate termination of your Services.

SECTION 2 - GENERAL CONDITIONS

We reserve the right to refuse service to anyone, for any reason, at any time.
You understand that your content (excluding credit card information) may be transferred unencrypted and involve (a) transmissions across various networks and (b) changes to adapt to technical requirements of connecting networks or devices. Credit card information is always encrypted during transfers across networks.
You agree not to reproduce, duplicate, copy, sell, resell, or exploit any part of the Service, use of the Service, or access to the Service, or any contact on the website, without our express written permission.
The headings used in this agreement are for convenience only and do not limit or otherwise affect these Terms.

SECTION 3 - ACCURACY, COMPLETENESS, AND TIMELINESS OF INFORMATION

We are not responsible if the information on this site is not accurate, complete, or current. The material on this site is provided for general informational purposes only and should not be relied upon or used as the sole basis for decision-making without consulting more primary, accurate, complete, or timely sources of information. Any reliance on the material on this site is at your own risk.
The site may contain certain historical information, which may not be current and is provided for your reference only. We reserve the right to modify the contents of this site at any time, but we have no obligation to update any information. You agree that it is your responsibility to monitor changes to our site.

Product prices are subject to change without notice.
We reserve the right to modify or discontinue the Service (or any part or content thereof) at any time without notice.
We shall not be liable to you or any third party for any modification, price change, suspension, or discontinuance of the Service.

SECTION 5 - PRODUCTS OR SERVICES (if applicable)

Certain products or services may be available exclusively online through the website. These products or services may have limited quantities and are subject to return or exchange only as outlined in our refund policy.
We have made every effort to display as accurately as possible the colors and images of our products in the store. We cannot guarantee that your device's display will accurately show the colors of any product.
We reserve the right to limit the sales of our products or Services to any person, geographic region, or jurisdiction, and we may exercise this right on a case-by-case basis. We reserve the right to limit the quantities of any products or services we offer. All product descriptions or pricing are subject to change at any time without notice, at our discretion. We reserve the right to discontinue any product at any time. Any offer for any product or service made on this site is void where prohibited.
We do not warrant that the quality of any products, services, information, or other material purchased or obtained by you will meet your expectations or that any errors in the Service will be corrected.

SECTION 6 - ACCURACY OF BILLING AND ACCOUNT INFORMATION

We reserve the right to refuse any order you place with us. At our discretion, we may limit or cancel quantities purchased per person, per household, or per order. These restrictions may apply to orders placed under the same customer account, credit card, and/or orders using the same billing or shipping address. If we make a change to or cancel an order, we may notify you by contacting the email, billing address, or phone number provided at the time of order. We reserve the right to restrict orders that, in our sole judgment, appear to be placed by dealers, resellers, or distributors.

You agree to provide current, complete, and accurate purchase and account information for all purchases made at our store. You agree to promptly update your account and other information, including your email address and credit card details, to complete your transactions and contact you as needed.

For more details, please review our Refund Policy.

SECTION 7 - OPTIONAL TOOLS

We may provide you with access to third-party tools that we neither monitor nor control.
You acknowledge and agree that we provide access to such tools “as is” and “as available” without any warranties, representations, or conditions of any kind and without endorsement. We shall have no liability arising from or related to your use of optional third-party tools.
Any use by you of optional tools offered through the site is entirely at your own risk and discretion, and you should ensure that you are familiar with and approve of the terms on which tools are provided by the relevant third-party provider(s).
We may also, in the future, offer new services and/or features through the website (including new tools and resources). Such new features and/or services shall also be subject to these Terms of Service.

SECTION 8 - THIRD-PARTY LINKS

Certain content, products, and services available through our Service may include materials from third parties.
Third-party links on this site may direct you to third-party websites that are not affiliated with us. We are not responsible for examining or evaluating the content or accuracy, and we do not warrant and will not have any liability or responsibility for any third-party materials, websites, or for any other materials, products, or services from third parties.
We are not liable for any harm or damages related to the purchase or use of goods, services, resources, content, or any other transactions conducted in connection with third-party websites. Please review the third-party's policies and practices carefully and make sure you understand them before engaging in any transaction. Complaints, claims, concerns, or questions regarding third-party products should be directed to the third party.

SECTION 9 - USER COMMENTS, FEEDBACK, AND OTHER SUBMISSIONS

If, at our request, you send certain specific submissions (such as contest entries) or you send us creative ideas, suggestions, proposals, plans, or other materials without our request—whether online, by email, by postal mail, or otherwise (collectively, 'comments')—you agree that we may, at any time, without restriction, edit, copy, publish, distribute, translate, and otherwise use in any medium any comments you provide. We are and shall be under no obligation (1) to maintain any comments in confidence; (2) to pay compensation for any comments; or (3) to respond to any comments.
We may, but have no obligation to, monitor, edit, or remove content that we determine in our sole discretion is unlawful, offensive, threatening, defamatory, pornographic, obscene, or otherwise objectionable, or that violates any party’s intellectual property or these Terms of Service.
You agree that your comments will not infringe upon any rights of any third party, including copyright, trademark, privacy, personality, or other personal or proprietary rights. You also agree that your comments will not contain libelous or otherwise unlawful, abusive, or obscene material, nor will they contain any computer virus or other malware that could in any way affect the operation of the Service or any related website. You may not use a false e-mail address, pretend to be someone other than yourself, or otherwise mislead us or third parties as to the origin of any comments. You are solely responsible for any comments you make and their accuracy. We take no responsibility and assume no liability for any comments posted by you or any third party.

SECTION 10 - PERSONAL INFORMATION

Your submission of personal information through the store is governed by our Privacy Policy, which can be accessed here.

SECTION 11 - ERRORS, INACCURACIES, AND OMISSIONS

There may occasionally be information on our site or within the Service that contains typographical errors, inaccuracies, or omissions that could relate to product descriptions, pricing, promotions, offers, product shipping charges, transit times, and availability. We reserve the right to correct any errors, inaccuracies, or omissions, and to change or update information or cancel orders if any information within the Service or on any related website is inaccurate at any time without prior notice (including after you have submitted your order).
We undertake no obligation to update, amend, or clarify information within the Service or on any related website, including without limitation, pricing information, except as required by law. No specified update or refresh date applied within the Service or on any related website should be taken to indicate that all information within the Service or on any related website has been modified or updated.

SECTION 12 - PROHIBITED USES

In addition to other prohibitions as outlined in the Terms of Service, you are prohibited from using the site or its content (a) for any unlawful purpose; (b) to solicit others to perform or participate in any unlawful acts; (c) to violate any international, federal, provincial, or state regulations, rules, laws, or local ordinances; (d) to infringe upon or violate our intellectual property rights or the intellectual property rights of others; (e) to harass, abuse, insult, harm, defame, slander, disparage, intimidate, or discriminate based on gender, sexual orientation, religion, ethnicity, race, age, national origin, or disability; (f) to submit false or misleading information; (g) to upload or transmit viruses or any other type of malicious code that will or may be used in any way that will affect the functionality or operation of the Service or any related website, other websites, or the Internet; (h) to collect or track the personal information of others; (i) to spam, phish, pharm, pretext, spider, crawl, or scrape; (j) for any obscene or immoral purpose; or (k) to interfere with or circumvent the security features of the Service or any related website, other websites, or the Internet. We reserve the right to terminate your use of the Service or any related website for violating any of the prohibited uses.

SECTION 13 - DISCLAIMER OF WARRANTIES; LIMITATION OF LIABILITY

We do not guarantee, represent, or warrant that your use of our Service will be uninterrupted, timely, secure, or error-free.
We do not warrant that the results that may be obtained from the use of the Service will be accurate or reliable.
You agree that from time to time we may remove the Service for indefinite periods of time or cancel the Service at any time without notice to you.
You expressly agree that your use of, or inability to use, the Service is at your sole risk. The Service and all products and services delivered to you through the Service are (except as expressly stated by us) provided 'as is' and 'as available' for your use, without any representation, warranties, or conditions of any kind, either express or implied, including all implied warranties or conditions of merchantability, merchantable quality, fitness for a particular purpose, durability, title, and non-infringement.
In no case shall Backpack Bazaar, our directors, officers, employees, affiliates, agents, contractors, interns, suppliers, service providers, or licensors be liable for any injury, loss, claim, or any direct, indirect, incidental, punitive, special, or consequential damages of any kind, including, without limitation lost profits, lost revenue, lost savings, loss of data, replacement costs, or any similar damages, whether based in contract, tort (including negligence), strict liability or otherwise, arising from your use of any of the Service or any products procured using the Service, or for any other claim related in any way to your use of the Service or any product, including, but not limited to, any errors or omissions in any content, or any loss or damage of any kind incurred as a result of the use of the Service or any content (or product) posted, transmitted, or otherwise made available via the Service, even if advised of their possibility. Because some states or jurisdictions do not allow the exclusion or limitation of liability for consequential or incidental damages, in such states or jurisdictions, our liability shall be limited to the maximum extent permitted by law.

ARTICLE 14 - INDEMNIFICATION

You agree to indemnify, defend, and hold harmless Backpack Bazaar and our parent, subsidiaries, affiliates, partners, officers, directors, agents, contractors, licensors, service providers, subcontractors, suppliers, interns, and employees, from any claim or demand, including reasonable attorneys’ fees, made by any third party due to or arising from your breach of these Terms of Service or the documents they incorporate by reference, or your violation of any law or the rights of a third party.

SECTION 15 - SEVERABILITY

In the event that any provision of these Terms of Service is determined to be unlawful, void, or unenforceable, such provision shall nonetheless be enforceable to the fullest extent permitted by applicable law, and the unenforceable portion shall be deemed to be severed from these Terms of Service. Such a determination shall not affect the validity and enforceability of any other remaining provisions.

SECTION 16 - TERMINATION

The obligations and liabilities of the parties incurred prior to the termination date shall survive the termination of this agreement for all purposes.
These Terms of Service are effective unless and until terminated by either you or us. You may terminate these Terms of Service at any time by notifying us that you no longer wish to use our Services or when you cease using our site.
If in our sole judgment you fail, or we suspect that you have failed, to comply with any term or provision of these Terms of Service, we also may terminate this agreement at any time without notice and you will remain liable for all amounts due up to and including the date of termination; and/or accordingly may deny you access to our Services (or any part thereof).

SECTION 17 - ENTIRE AGREEMENT

The failure of us to exercise or enforce any right or provision of these Terms of Service shall not constitute a waiver of such right or provision.
These Terms of Service and any policies or operating rules posted by us on this site or in respect to The Service constitute the entire agreement and understanding between you and us and govern your use of the Service, superseding any prior or contemporaneous agreements, communications, and proposals, whether oral or written, between you and us (including, but not limited to, any prior versions of the Terms of Service).
Any ambiguities in the interpretation of these Terms of Service shall not be construed against the drafting party.

SECTION 18 - GOVERNING LAW

These Terms of Service and any separate agreements whereby we provide you Services shall be governed by and construed in accordance with the laws of the United Kingdom.

SECTION 19 - CHANGES TO TERMS OF SERVICE

You can review the most current version of the Terms of Service at any time on this page.
We reserve the right, at our sole discretion, to update, change, or replace any part of these Terms of Service by posting updates and changes to our website. It is your responsibility to check our website periodically for changes. Your continued use of or access to our website or the Service following the posting of any changes to these Terms of Service constitutes acceptance of those changes.

SECTION 20 - CONTACT INFORMATION

For questions regarding the Terms of Service, please contact us at contact@backpackbazaar.co.uk. Additional contact information is available below:

Email: contact@backpackbazaar.co.uk

Phone: +4407349571165

Business Address:

Backpack Bazaar by HOPE E-COMMERCE ENTERPRISES PTY LTD

Level 18, 324 Queen Street, Brisbane City, QLD, 4000, Australia

ABN: 70 676 125 732