Online Stall Bookings

 

Website Terms and Conditions: Use of Website & Stall Payment Online

Contents

1              Definitions

2              Our contract with you

3              Your account with us

4              Disclaimers

5              Your Material

6              System Security

7              Confidential Information and Intellectual Property Rights

8              Your email address

9              Indemnity

10            Miscellaneous provisions

11            Trading Terms & Conditions

Website terms and conditions of Brisbane MarketPlace Pty Ltd (BMP)

These terms and conditions regulate the business relationship between you (“Stallholder”, “you”) and a user of this Website (“you”)  and BMP (“BMP”, “we”, “us”, “our”). When a Stallholder books and pays for a Stall from us, you agree to be bound by these Website Terms and Condition, the Stallholder Trading Terms which consist of the General Terms & Conditions of Entry and the Market Rules & Regulations.

BMP is not obliged to accept any Stallholder application and reserves the right to accept or reject any application at our sole discretion. Acceptance of a Stallholder’s application by email confirmation will constitute BMP’s contract with the Stallholder.

No person under the age of 18 years may purchase any of the services we offer on our website (“Services”). If you are under 18, please ask an adult to assist you with your purchase.

We are:                   Brisbane MarketPlace Pty Ltd (“BMP”)

Our address is:      385 Sherwood Road

                                 Rocklea, Qld 4106

ABN:                        67 106 709 077 

1           Definitions

In this agreement:

“Australian Consumer Law” means Schedule 2 of the Competition and Consumer Act 2010 (Cth).

"Content" means any content in any form published on our Website by us or any third party with our consent;

"Material" means material of any sort posted by you on our Website;

"Website" means www.brisbanemarkets.com.au, which includes but is not limited to the entire computing hardware and software installation that is or that supports Our Website;

"Services" means any of the services we offer on our Website;

2           Our contract with you

2.1 The Website Terms apply:

(a) So far as the context allows to you as a visitor to Our Website; and/ or

(b) If you are a buyer or prospective buyer of our Services.

2.2 We are not obliged to accept your order and reserve our right to accept or reject any order at our sole discretion. Acceptance of your order by email confirmation will constitute our contract with you. Details of your booking will be confirmed in the same email.

2.3 We may change these Website Terms from time to time. By using our Website or placing an order with BMP you are accepting that you are bound by the current Website Terms and so you should check these each time you revisit the site.

2.4 If in future, you buy Services from us under any arrangement which does not involve payment via our Website; these terms still apply, so far as they may be applicable.

3           Your account with us

3.1 You agree that you have provided, and will continue to provide accurate, up to date and complete information about yourself to allow us to provide you with the Services ordered. It is your responsibility to keep your account information up to date.

Subject to the terms of our Privacy Policy, we agree that we will not supply your account information to any unauthorised third parties. Our Privacy Policy is available at www.brisbanemarkets.com.au.

3.2 If you use our Website, you are responsible for maintenance of the confidentiality of your account and password and prevention of unauthorised use of those items.

3.3 You are responsible for all activities that occur under your account or password. You should tell us immediately if you believe some person has accessed your account without your authority and you should also log in to your account and change your password.

3.4 While we will do our best to maintain our Website to permit constant use, there may be times when access may be interrupted. Accordingly, access to this website is offered on an “as is” and “as available” basis only. Interruption to the Services does not constitute grounds for termination of the contract and/or refund of any payments made by you.

4           Disclaimers

4.1 We or any of our Content suppliers may make improvements or changes to our Website, the Content, or to any of the Services, at any time and without advance notice.

4.2 It is acknowledged that Content may include technical inaccuracies or typographical errors. You agree that BMP and/or our Content suppliers cannot be held responsible for inaccuracies or errors in the Content and that this will not constitute grounds for termination of the contract, subject to the requirements of law and, in particular, unless the result is false or misleading within the meaning of Australian Consumer Law. Should you become aware of any inaccuracies or errors, please bring them to our immediate attention.

4.3 Subject to where Australian Consumer Law applies to these Website Terms, we give no warranty and make no representation, as to:

4.3.1 the adequacy, availability or appropriateness of the Services;

4.3.2 the truth of any Content on our Website published by someone other than BMP or our agents;

4.3.3 any warranty or condition as to merchantability or fitness of the Services for a purpose other than that for which the Services are commonly used;

4.3.4 compatibility of our Website with your equipment, software or telecommunications connection.

4.4 Our Website contains links to other Internet websites outside our power and control. We provide these links to you for convenience only and the inclusion of any link does not imply our endorsement of the linked website. By using our Website you acknowledge and agree that we shall not be held liable in any way for the Content of any such linked website, nor for any loss or damage arising from your use of any such website.  You should check the terms and conditions and privacy policies of any linked website before continuing to use that website. We reserve the right to prevent third parties from linking to our Website.

4.5 The use of information on our Website is at your own risk. We are not liable in any circumstances for any special, indirect or consequential loss or any damages whatsoever resulting from loss of use or the inability to use, interruption of the business, loss of data or loss of revenues or income or profits, whether in an action of contract, negligence or otherwise, arising out of or in connection with your use of our Website or the purchase of Services by you.

4.6 In any event our liability is limited to the maximum extent permitted by law, to the value of the Goods or Services you have purchased and paid for.

5           Your Material

5.1 If you post any Material on our Website, you warrant that you own the copyright to it and you accept all risk and responsibility for posting the Material. You grant to us the right to edit, copy, publish, distribute, translate and otherwise use it in any medium and for any purpose.

5.2 You agree that by the act of posting any Material on our Website, you grant to us a non-exclusive, irrevocable, royalty-free, right in perpetuity to use that Material in any way without restriction, throughout the World in any medium, and without any obligation to compensate you. You agree to waive your moral rights to be identified as the author and your right to object to derogatory treatment of your Material.

5.3 You agree to perform all further acts necessary to protect any of the above rights granted by you to us, including the execution of deeds and documents, at our request.

5.4 You represent and warrant that:

5.4.1 You own the rights to all of the Material that you post; and

5.4.2 Any fact stated in your Material is accurate and can be relied upon by any other user of our Website.

5.5 We appreciate any suggestions and ideas (“Unsolicited Ideas”) you may have regarding ways in which our Website may be improved or materials which may be added to our Website. Any Unsolicited Ideas that may be submitted by you will become our property, and any intellectual property rights will be assigned to us, and may be used by us and/or disclosed to others as we see fit.

6           System Security

6.1 You agree that you will not personally or through any other person, violate or attempt to violate any aspect of the security of our Website. You may not modify or copy the layout or appearance of our Website or any computer software or code contained in our Website, nor may you decompile or disassemble, reverse engineer or otherwise attempt to discover or access any source code related to our Website.

6.2 You may not use any software tool for the purpose of extracting data from our Website.

6.3 You understand that any such violation is unlawful in many jurisdictions and that any contravention of law may result in criminal prosecution.

7           Confidential Information and Intellectual Property Rights

7.1 You agree to keep safe your account information and password (“Confidential Information”) and not to disclose, or make available for disclosure, any part of it to any person.

7.2 We also claim copyright in the designs and compilation of all Content of our Website. Title and ownership rights shall remain the sole property of BMP and or other content providers.

7.3 Except as set out below in paragraph 7.5, you may not copy, modify, publish, transmit, transfer or sell, reproduce, create derivative works from, distribute, perform, display, or in any way exploit any of the Content of our Website, in whole or in part.

7.4 You may not, without our written permission, use our name or logos or trademarks or any other Content on any website of yours or that of any other person.

7.5 Subject to the other terms of this agreement, you may download or copy Content for your own personal use only, provided that you do not remove all copyright and other notices contained within it. You may not store electronically any significant portion of any Content.

8           Your email address

8.1 You represent that any username or email address selected by you for use on our Website, when used alone or combined with a second or third level domain name, does not interfere with the rights of any third party and has not been selected for any unlawful purpose.

8.2 You acknowledge and agree that if we believe such selection does interfere with the rights of any third party or is being selected for any unlawful purpose, we may immediately suspend the use of such name or email address, and you will indemnify us for any claim or demand that arises out of your selection.

8.3 You acknowledge and agree that we shall not be liable to you for any claim or damages arising as a result of us being ordered or required by a court or judicial authority to desist from using or permitting the use of a particular domain name as part of a name or email address.

9           Indemnity

You agree to indemnify us against any claim or demand, including reasonable legal fees, made by any third party due to or arising in any way out of your use of our Website, your posting any Material, or the infringement by you, or by any other person using your computer, of any intellectual property or other right of any person.

10         Miscellaneous provisions

10.1 Nothing in this agreement or on our Website shall confer on any third party any benefit or obligation.

10.2 If any of these terms is at any time held by any jurisdiction to be void, invalid or unenforceable, then it shall be treated as changed or reduced to the extent minimally necessary to bring it within the laws of that jurisdiction and to prevent it from being void and it shall be binding in that changed or reduced form. Subject to that, each provision shall be interpreted as severable and shall not in any way affect any other of these terms.

10.3 No waiver by us, in exercising any right, power or provision in this agreement shall operate as a waiver of any other right or of that same right at a future time; nor shall any delay in exercise of any power or right be interpreted as a waiver.

10.4 In the event of a dispute arising out of or in connection with these terms or any contract between you and us, then you agree to attempt to settle the dispute by engaging in good faith with us in a process of mediation before commencing arbitration or litigation.

10.5 We are not liable for any breach of our obligations resulting from causes beyond our reasonable control including industrial action by our own employees or that of any other party, floods, weather conditions or natural disasters.

10.6 This Agreement shall be governed by and construed in accordance with the law of Queensland, Australia. This agreement shall not be governed by the United Nations Convention on Contracts for the International Sale of Goods, the application of which is hereby expressly excluded.

11         Trading Terms & Conditions

We are: Brisbane MarketPlace Pty Ltd (BMP)
Our address is: 385 Sherwood Road, Rocklea Qld 4106
ABN: 67 106 709 077
These Trading Terms and Conditions (Trading Terms and Conditions) regulate the business relationship between you (Stallholder, you) and BMP (BMP, we, us, our). When you book and pay for a Stall from us, you agree to be bound by the Ancillary Documents are all deemed to form part of these Trading Terms and Conditions. The Stallholder must comply with these documents upon a copy of them being given to the Stallholder.
You acknowledge and agree that you have been provided with a copy of, or provided with access to, the aforementioned documents at the time of your application to be a Stallholder.
All Stallholders at the Saturday Fresh Market and Eagle Farm Markets must apply to book a Stall at a Market using BMP’s standard application form. Monthly Stallholders at the Sunday Discovery Market must apply to book a Stall at a Market using BMP’s standard application form, while Weekly Stallholders at this market can book a stall by website, telephone or on arrival.
BMP is not obliged to consent to a Stallholder Application and reserves the right to accept or reject any Stallholder Application in our sole discretion.
BMP’s consideration of a Stallholder Application is subject to:
a) a properly completed Stallholder Application form being submitted to us.
b) your signed, binding agreement to these Trading Terms and Conditions.
c) your acknowledgement of receipt of the Ancillary Documents.
BMP’s acceptance of a Stallholder Application will be notified to the Stallholder in writing. If we do not accept a Stallholder Application, Stallholders will be notified in writing.
You acknowledge and agree that by submitting your application for a Stall at a Market (whether or not such application is approved), or by renewing your occupancy of a Stall at a Market (whether on a weekly or monthly basis), that you have read and understood and agree to comply with Brisbane MarketPlace Website Terms and Conditions, these Stallholder Trading Terms and Conditions and the Ancillary Documents. Further, you acknowledge and agree that you have been provided with a copy of, or provided with access to, the aforementioned Brisbane MarketPlace Website Terms and Conditions and Ancillary Documents at the time of your application to be a Stallholder.
You may obtain copies of the associated documents and application forms referred to in these Trading Terms and Conditions by contacting us as follows:
Email: bmp@brisbanemarkets.com.au
Tel: 07 3915 4277
Fax: 07 3915 4291
Website: www.brisbanemarketplace.com.au

 

1.0            Privacy

1.1 By signing these Trading Terms and Conditions, you confirm that you have read the Privacy Policy and agree to your personal information being handled in accordance with the terms of that Policy.

2.0            General Terms & Conditions of Entry

2.1 The Stallholder acknowledges that the Land upon which the Markets are operated is the private property of the Owner.

                  Site addresses;

                  250 Sherwood Road, Rocklea, QLD, 4106

                  230 Lancaster Road, Eagle Farm, QLD, 4009

2.2 All Stallholders entering upon the Land and the Market agree to:
      a) comply with these Trading Terms and Conditions and the Ancillary Documents;
      b) exercise caution and take an appropriate level of care for their own safety, the safety of any minors or persons in their care, and the safety of others.

2.3 If Stallholders wish to enter upon this Land and the Market but are not willing to comply with these General Terms and Conditions of Entry they should then immediately leave this Market and the Land.

2.4 The Owner of the Land, and BMP as the licensee of the Land on which the Market is operated, reserve the right to refuse admission to any Person, or to require any Person already on the Land or within the Market to leave the Land and the Market, for any reason and at any time in the Owner’s or BMP’s sole discretion. BMP may refuse admission to a Stallholder or require a Stallholder on the Land or within the Market to leave the Land and the Market at any time where the Stallholder is in breach of the covenants and obligations of the Stallholder under these Trading Terms and Conditions or the Ancillary Documents.

2.5 In order for BMP and the Owner to maintain a safe, secure and quality-driven operating environment for Persons visiting the Market and for Stallholders carrying on business activities within the Markets, all Persons entering upon this Land and the Market shall behave in accordance with our reasonable directions and not behave in an offensive or generally anti-social manner. In particular, all Stallholders entering the Land and the Market must agree to be bound by and comply with the following:
      a) You must not (unless otherwise authorised):
          i) enter the Market except during the times and dates displayed on the entrance signage specifying the Market Trading Hours;
          ii) ride bikes, skateboards, roller blades or scooters within the Market;
          iii) permit animals to enter upon the Land and the Market (excluding guide dogs or other animals as agreed by BMP or as otherwise permitted under these Trading Terms and Conditions);
          iv) distribute hand bills or other advertising materials;
          v) solicit unauthorised products or business;

          vi) attempt to sell any product or service unless otherwise authorised by BMP;
          vii) attempt to sell counterfeit goods, illegal, prohibited or unauthorised goods, including goods bearing trademarks which the Stallholder does not have a licence to sell; or weapons, knives and swords, including martial arts items and display pieces, any guns, replica guns or toy guns, and pornography;
          viii) photograph, record or film this Land and / or the Market;
          ix) smoke at the Market in any of the designated non-smoking areas;
          x) bring illicit substances or hazardous chemicals into the Market including alcohol for the purpose of consumption, tobacco or tobacco related products for sale or otherwise;
          xi) light a fire or naked flame within any are of the Land or the Market;
          xii) move a vehicle within the Market trading area during Market Trading Hours.

     b) You must:
          i) obey an instruction of an Authorised Officer of the Owner, BMP or a BMP Employee;
         ii) enter upon this Land and the Market at your own risk;
         iii) take full responsibility for any minors or persons in your care that may be accompanying you;
         iv) inform BMP of any incidents or accidents at the site office or via the Market Hotline number (07) 3915 4200;
         v) comply with the Ancillary Documents; and
        vi) cross roads at the designated pedestrian crossings and comply with all directional signs and warning notifications.

2.6 Limits of BMP’s Liability

      a. BMP and any BMP Employee are not liable for anything they may do or omit to do or for any loss or damage to any Vehicle, property or goods, or death or injury to any person however caused.
      b. Any covenant, warranty or obligation of BMP which is implied by legislation or the common law is excluded, unless it cannot lawfully be excluded. To the extent that BML cannot exclude the operation of any covenant, warranty or obligation which is implied by legislation or the common law, BMP will be liable only for any loss or damage to any Vehicle, property, goods or death or injury to any person to the extent that BMP has breached that implied covenant, warranty or obligation, but is then liable only for the loss or damage directly cause or contributed to by BMP.

2.7 Stallholder’s Risk
The Stall, the Stall Items, the Stallholder’s Property and the exercise of any right or remedy by the Stallholder under this document are at the sole risk of the Stallholder.

 

2.8 Stallholder’s Indemnity
The Stallholder releases and indemnifies BMP again any Claim arising from any:

      a. loss, damage, death or injury to any property or person in or about the Market caused or contributed to by the Stallholder or any use of occupation of the Stall by the Stallholder;
      b. neglect or default of the Stallholder; or
      c. any combination of those things.

2.9 No Warranty of Suitability
      a) BMP gives no warranty (either present or future) as to the suitability or adequacy of the Stall or the Market or the use to which the Stall may be put. The Stallholder shall be deemed to have accepted these Trading Terms and Conditions with full knowledge of and subject to any prohibitions or restrictions on the use of the Stall from time to time under or pursuant to any statute.
      b) The Stallholder shall at its cost and with the consent of BMP obtain, maintain and comply with all consents, approvals and licenses from and all other requirements of the local and all other relevant governmental authorities that may from time to time be necessary or appropriate for the Permitted Use and the conduct of the business of the Stallholder in the Stall, but not so as to affect any other lawful use of the Market. The Stallholder shall not permit any such consent, approval or licence once given to lapse or be revoked.

3.0            Trading Terms

3.1 Stallholder Applications and Allocation of Space    

      a) The use of a Stall is granted on the terms and conditions herein by BMP to the Stallholder and commence on the Occupation Date.
      b) Stalls are allocated to Stallholders on a Weekly or Monthly basis. All applications for a Monthly Stall at the Markets must be made using BMP’s standard application form for Stall bookings which is subject to BMP’s approval in its sole discretion.
      c) Weekly Stallholder enquiries for a Stall at the Eagle Farm Markets also require a written application, which will be subject to an approval process, to be decided in BMP’s sole discretion.
      d) Weekly stalls for the Sunday Discovery Markets may be booked by telephone, online or allocated upon arrival prior to market opening. Any weekly Stallholder is deemed to accept these Terms and Conditions by entering the Market and operating a stall.
      e) A Stallholder only has a contractual right to use the Stall on these Trading Terms and Conditions and does not have any interest in the Land, exclusive possession, deemed ownership or security of tenure of any Stall at the Market.
      f) Stalls are allocated to Stallholders by BMP in its sole discretion and the location of Stalls may change from time to time without prior notice.
      g) The Market is subject to maintenance work, redevelopment work and other requirements from time to time and accordingly, BMP reserves all rights to change the layout of the Markets without prior notice. You agree to follow BMP’s directions to relocate your Stall site.

      h) Monthly Stall space available at the Saturday Fresh Market is capped at 8 stalls per trader.

3.2 Price and Payment

     a) Monthly Stallholders attending the Markets will be billed monthly in advance for a Monthly Stall location. Full payment (in cleared funds) of the Stall Fee is required no later than the last Business Day of the current month for the upcoming month of attendance for the Saturday Fresh and Sunday Discovery Markets regardless of attendance.
     b) Monthly Stallholders may pay:
         i.    online (up to fourteen (14) days prior to the start of the month); or
         ii.   at the BMP Markets site office on the last Business Day of the month at the nominated times to make payment by cash, cheque or credit card; or
         iii.  by direct deposit to BMP’s nominated bank account.
     c) BMP’s online payment system does not store credit card details. All user credit card payments are transferred to BMP’s hosted bank payment system which handles all credit card details. They are not retained by BMP.
     d) All Monthly Stallholders trading at the Saturday Fresh Market, Sunday Discovery Market and Eagle Farm Markets must ensure they duly and punctually pay or cause to be paid the allocated stall fees to BMP without demand. An administration fee of $25 for stall payments made 5 days or more past the due date will be enforced to all stallholders.
     e) Attending Stallholders may visit the site office to make Stall payments and booking changes.
BMP Site Office Hours for Payments and Bookings

BMP Site Office Hours for Payments and Bookings

Saturday

End of Month Only (last trading Saturday of the current month)

10:00am-1:00pm

Sunday

End of Month (last trading Sunday of the current Month)

10:00am-1:00pm

     f) Weekly Stallholders for the Sunday Discovery Market must book and pay online, by phone or at the Rocklea Market’s site office prior to attending the Market to secure a Stall. Bookings can only be placed until Friday 2pm for the upcoming Sunday Discovery Market. Payment must be made by cash or credit card and cheques will not be accepted.
     g) BMP “Non Booked Stalls” are available weekly at the Sunday Discovery Market without pre booking. Payment will be required upon entry and will be subject to a ‘Non Booked Market day’ surcharge determined by BMP from time to time in its sole discretion. “Non Booked” Weekly Stallholders will be required to declare all products to be brought into the market, provide proof of identification including a contact telephone number and vehicle registration on entry. Stalls will be allocated by availability and with such allocation subject to the sole discretion of BMP. “Non Booked” Weekly Stallholders will not be accepted at the Saturday Fresh Market.

     h) Monthly Stallholders attending Eagle Farm Market must book and pay online or by direct bank deposit for one (1) full calendar month of trade in advance. Full payment (in cleared funds) is required no later than the 20th day of the current month to secure any Stalls for the following month regardless of attendance.
         i) Limited Weekly Stalls are available at the Eagle Farm Markets at a premium Stall Fee. All applications are approved by BMP prior to attendance. A Weekly Stall must be booked and paid for by 3.00pm the Thursday prior to the Market day. A Weekly Stall does not grant a Stallholder a Monthly location at the Market or a specific stall position.
     j) In the event there has been a malfunction of BMP’s online Stall management system which results in an overbooking of the Stall(s) at the Markets, BMP will use reasonable endeavors to contact the affected Stallholder(s) to inform them of the situation. BMP will offer the Stallholder an alternative Stall location; or a refund of the fees paid by the Stallholder but will not have any liability to the Stallholder.
     k) Stallholders may book Stall Items for use on Market days which are outlined in the Stallholder Price List as “Additional Services’. Payment for the hire of the Stall Items is to be made at the same time as payment for the Stall(s). Stallholders may also book additional services offered by BMP at each Market (subject to availability) and payment for the additional services must also be made at the same time as payment for the Stall(s).Where BMP provides goods or services without specific charge to the Stallholder, then it is (or they are) deemed to be provided free of charge, and not to be associated with any other goods or services for which a charge is made. Accordingly, there is no contractual or other obligation upon BMP in respect of those goods or services.

     l) Stallholders who fail to comply with these Trading Terms and Conditions relating to Stall bookings and payments by the prescribed time period will automatically surrender their allocated Stall for the entire upcoming month at the Markets.
     m) All moneys payable by Stallholders to BMP under these Trading Terms and Conditions are recoverable from the Stallholder as liquidated debts payable on demand.
     n) A review of the Stall Fees will occur at least annually in June each year, with the revised fee structure to apply from 1 July each year. The revised fee structure will be notified to Stallholders 14 days prior to the application of the revised fees. The Owner reserves the right to review stall fees from time to time at its absolute discretion.
     o) Monthly Stallholders attending the Sunday Discovery Market who cancel any market day reservation for the upcoming month of attendance will forfeit the “Sunday Discovery Market Monthly Stallholder Discount”.

3.3        Trading Times

a All Stallholders must:

  1.    comply with the trading times and regulations surrounding Market “Setup” and “Pack Down” as described in clause 3.3c.
  2.    arrive at the Market site at a time that allows them to set up their Stall for operation by the Customer Trading Period as described in clause 3.3b;
  3.    vacate the Market site on completion of trading within the designated exit period. Please note these times are subject to change;
  4.    at the Stallholders expense keep the allocated stall area in good order and condition and free of insect pests, rodents and vermin.

b  Customer Trading Periods:

Weekend Markets

Customer Trading Periods

Rocklea Saturday

6:00am - 12:00pm

Rocklea Sunday

6:00am - 12:00pm

Eagle Farm Markets

7:00am - 12:30pm

c           Stallholder Entry and Exit Times:

Weekend Markets

Set Up Period

Exit Period

Rocklea Saturday

3:15am-5:30am

12:15pm - 2:00pm

Rocklea Sunday

3:45am-5:30am

12:15pm - 2:00pm

Eagle Farm Markets

5:00am – 6:30am (6:00am wet days)

12:45pm – 2:00pm

*exit is not permitted until 15 minutes after market closing to ensure that customer have cleared the market area.

d  Stallholder’s entry to the Markets is subject to Stallholders prior payment to BMP of the Stall Fee and any charges for additional services that are payable by the Stallholder. Stallholders may be refused entry to the Market if BMP has not received the Stall Fees and charges for the allocated Stall.

e  Stallholders must set up their allocated Stall prior to the Customer Trading Period and must occupy their allocated Stall for the entire Customer Trading Periods. Stalls must not be packed down until after completion of the Customer Trading Period.

f  Stallholders who have booked and pre-paid for a Stall must be set-up and in full occupancy of that stall 30 minutes prior to the commencement of the Customer Trading Period. Stallholders who have not occupied their Stall by this time may forfeit their Stall booking and will not be entitled to any credit or refund of Stall Fees and other charges. BMP reserves the right to allocate the pre-booked Stall to another Stallholder in these circumstances.

g BMP reserves the right to move Weekly and Monthly Stallholders to an alternative Stall location within the relevant Market, without notice or consultation.

3.4      As a condition of operating at Eagle Farm Markets, Stallholders must provide evidence of insurance for public liability to BMP. The policy or certificate of currency must cover the Stallholder for an amount of at least $10 million per occurrence.

3.5      Public liability insurance is not mandatory at the Rocklea Markets for general Stallholders but BMP have public liability insurance of at least $10 million per occurrence.

3.6      Notwithstanding clause 3.5, all Stallholders seeking BMP’s consent to store equipment or fixtures at the Rocklea Markets must, as a precondition of BMP’s consent:

  1.  provide evidence of public liability insurance in the amount of $10 million per occurrence; and
  2.  have a current pest management plan in a format approved by BMP; and
  3.  provide evidence that the stored items are secure and can be locked up.

3.7      Stallholder Goods

a Where a Stallholder applies to BMP to use or sell electrical equipment during market operations, the Stallholder must have all electrical items tested and tagged by an authorised certified electrical contractor.

b In order to ensure that there is a variety and a high standard of goods at the Markets, BMP limits the number of Stalls that may sell goods of a particular category.

c Stallholders agree that BMP may include on its website, Facebook and newsletter the Stallholder’s Stall name and a description of the goods and services sold be the Stallholder for advertising purposes.

d Monthly Stallholders wishing to change or add to the current goods or services sold must submit in writing to BMP a list of the goods sold or services provided, along with the intended change(s) to the goods sold or services provided prior to any Market days booked by the Stallholder. BMP may cancel a Stallholder’s prior approval to occupy a Stall at the Markets if the Goods or Services offered for sale is significantly different from the approved Goods and Services or if the Goods are of poor quality.

e Stallholders do not have any exclusive rights on the sale of an approved product type and/ or services throughout any Market. BMP reserves the right to choose the occupant of any Market Stall, as well as the goods and services to be sold at each Stall.

f Stallholders are not permitted to sell offensive, illegal, prohibited, counterfeit or unauthorised goods including goods bearing trademarks for which the Stallholder does not own the intellectual property rights therein or have a license to sell. This includes but not limited to;

i) Weapons, knives and swords, including martial arts and display pieces

ii) Guns, replica guns and toys guns

iii) Pornography

iv) Tobacco and tobacco related instruments and smoking apparatuses; including nicotine and flavourings

v) Alcohol, drugs, medications, and illicit substances

g Stallholders must undertake to provide Market customers with excellent goods, services and customer service. BMP will not permit Stallholders to sell substandard quality goods. Where the goods are determined to be substandard by BMP in its absolute discretion, BMP reserves the right to remove the Stallholder from trading further at BMP.

h  All goods that include foods must be kept in an environment that promotes Brisbane City Council’s (BCC) safe food handling techniques. Stallholders are required to comply with relevant local government and relevant legislation and codes in relation to the sales of food, food handling and storage BMP promotes safe food handling and hygiene. BCC regularly inspects foods sold by Stallholders to ensure that food handling meets BCC’s safe food standards.

i Where a Stallholder applies to BMP to sell food at the Markets, the Stallholder must attach to the application copies of all relevant permits and licences relating to the sale of food. For further information regarding food permits and licences visit http://www.brisbane.qld.gov.au/about-council/council-information-and-rates/popular-forms/index.htm#food

 

j All Stallholders who sell plants, soil, mulch, or turf as declared ‘High Risk’ items by Department of Agriculture, Forestry and Fisheries must have an Approved Risk Management Plan (ARMP) as required by Subdivision 3 of Plant Protection Regulation 2002. All Stallholders selling high risk items (plants, soil, mulch, or turf) must also comply with fire ant movement controls. If you wish for more information regarding fire ant movement controls please visit www.daf.qld.gov.au/plants/weeds-pest-animals-ants/invasive-ants/fire-ants/restricted-areas/fire-ant-movement-controls

  1. Stallholders in attendance at a Market must have their ARMP’s displayed and must have the relevant certificates and permits available at all times whilst operating at a market Stall.
  2. Stallholders who purchase ‘high risk items’ from a primary grower or trader must also have ‘certificates’ available showing compliance.
  3. All Stallholders selling ‘Plant, soil, mulch, turf’ must have completed ‘DAFF’ fire ant general awareness training seminar.

k  All Stallholders who are approved to sell pets (birds and fish only) must provide evidence and maintain all relevant permits and licenses to sell animals, and comply with the BMP Stallholder Pet Stall Guidelines.

l   Stallholders operating amusement devices must ensure that they comply with all relevant legislation including but not limited to WorkHealth and Safety Regulations2011 Division 4, Subdivision 2, and Sections 241 and 242. Find out more at www.legislation.qld.gov.au/legisltn/current/w/workhsr11.pdf

m Stallholders operating amusement equipment at a Market must carry at all times

  1.    current Certificate of Registration;
  2.    current records of maintenance schedules;
  3.    current Permits.
  4.    All staff working in the stall must hold valid Blue Card certification.

n  BMP reserves all rights in its absolute discretion to:

  1.     reject an application to sell or supply Goods and services at BMP;
  2.     audit a Stall to ensure it complies with these Trading Terms and Conditions without prior notice to the Stallholder. If a Stallholder is non-compliant then BMP, in its absolute discretion, it may direct the Stallholder to cease operation and vacate the Markets and the land immediately;
  3.    direct a Stallholder to remove Goods from a Stall at any time.

3.8       Cancellation of Stall or Stall items

a Bookings of any Weekly Stall or Monthly Stall or Stall Items may be cancelled by BMP or the Stallholder at any point prior to payment. After receipt of payment by BMP, no refund or credit is available under any circumstances, except as otherwise required by law (including Australian Consumer Law).

b  Paragraph 3.8(a) does not affect the Stallholders rights in the event that the Stallholder has a genuine and valid legal complaint about the way BMP has provided its services to the Stallholder.

c  BMP reserves the right to immediately terminate any Stall bookings and/or Stall Item bookings made by a Weekly Stallholder or Monthly Stallholder, without reason and in our absolute discretion. Should BMP terminate the bookings under this paragraph 3.8(a), BMP agrees to refund any payments made for Market days not yet passed. BMP also reserve the right to deduct from any payments received or charge you for the cost of remedying any damage or cleaning required to clean or repair any damage caused by the Stallholder on the Market site.

3.9        Leave of Absence

a All Saturday Fresh Market, Sunday Discovery Market Dine in Food Stalls and Eagle Farm Market Monthly Stallholders are expected to trade on all operating Market days. If a Stallholder decides that they do require time off from the Market the Stallholder must submit a leave of absence form via the Eagle Farm Markets or BMP website no less than one calendar month prior to the requested leave date. Monthly Stallholders are entitled to one calendar month leave of absence during a Financial Year without penalty. Monthly Stallholders who fail to submit this request in writing will automatically surrender their Monthly position and be required to reapply for a Monthly Stall on their return. Leave of absent approvals will be at BMP’s discretion and will be based on the receipt date of the request to ensure the Markets still present to an acceptable level.

b  If a Monthly Stallholder at the Sunday Discovery Market cannot attend each Sunday for the entire month, the Stallholder must notify BMP using the standard absentee form by the last business trading day of the month prior to the upcoming month to ensure their Monthly Stall site is reserved. If the Stallholder complies with this clause, the Stallholder will not be charged for those dates they are unable to trade. For the avoidance of doubt, no refunds are available for pre-paid Stalls.

c  A Stallholder who is unable to trade at the Markets due to an unforeseen emergency must contact BMP prior to the market day on the relevant contact number below:
BMP Office Landline (07) 3915 4277 Monday to Thursday 8am-4pm, Friday 8am – 2pm
BMP Hotline Number 0452 502 815 Saturday and Sunday 3.15am-2pm
EFM Hotline number 0449 703 174 Sunday 5am-2pm

BMP has the right to remove a Stallholder who fails to comply with 3.9(a) and 3.9(b). Refunds are not available for any pre-paid Stalls that do not trade on the specified date.

3.10      Wet Weather Policy

a All Stallholders who have booked and paid for a Stall should attend the Market’s, regardless of the weather. Stallholders are encouraged to bring wet weather attire and suitable wet weather equipment for their Stall and expect that the Markets will operate. There are no refunds (including for pre-paid Stalls or Stall accessories) in the case of wet weather or if the weather deteriorates during the day. BMP is not held responsible and is not liable for any damage or loss that may result from a Stallholder's decision to trade in adverse weather.

b  BMP may in its sole discretion decide to cancel or suspend a Market due to adverse weather conditions. BMP will not be held responsible and will not be liable for any damage or loss that may result from BMP’s decision to cancel or suspend a Market due to adverse weather conditions.

3.11      Cancelled Weekend Markets

a  In the unlikely event BMP cancels a Market due to circumstances beyond its control, BMP will attempt to notify all Stallholders by either email, phone and/or SMS and will, in addition, place a notification on our Website. In these circumstances, any fully paid Stallholder fees will be transferred to the next trading day (where applicable) or applied as a credit to future bookings.

b  In the unlikely event that a Market site is disrupted as a result of a service provider, BMP will not be held liable for any loss of product and access to the site will be a the Stallholder’s risk until services are reinstated.

3.12      Eagle Farm Markets Wet Weather Contingency Plan

a A contingency plan has been developed, which will come into operation should poor weather occur prior to Market trade at the Eagle Farm Markets.

b Stallholders will be allocated alternative Stall areas on a first in and/or needs basis (to be determined solely by BMP). Stalls will not be held after 6:00am on days where poor weather occurs.

c  Stallholder information regarding Market day trading will be available on Market days from the main pedestrian entry point. A BMP Employee will be in this location from approximately 5am to 6am to answer any questions. After this time Stallholders will need to speak with BMP management for any assistance.

 

3.13        Sale or Transfer of Ownership of Stall businesses

a BMP has exclusive rights to all Stalls at the Markets. The sale of a Stallholder’s business must not include the attachment of a Stall site/space or right to a space at any Market. The occupancy of a Stall is personal and not transferable. Where a stallholder sells its business, the new business owner must make a separate application to BMP for a Stall. For the avoidance of doubt BMP will not permit any unauthorised person access to the Markets nor any Stall. BMP must be notified in writing within five (5) working days prior to the next applicable trading Market day of the proposed sale of a Stallholder’s business.

b The Stallholder is prohibited to share, assign, transfer; sub-licence or allow unauthorised persons to use the Stall or the Stall Items.

3.14        Communications

a In the unlikely event BMP are forced to cancel a Weekend Market prior to the scheduled Market day for reasons beyond BMP’s control, BMP will attempt to notify all Stallholders by email, phone and/or SMS and will, in addition, place a notification on our Website. In this event, any fully paid Stallholder fees will be transferred to the next trading day (where applicable) or applied as a credit to future bookings.

  1. ensure their email address and other contact details are kept up to date with BMP as BMP will often send out information flyers and newsletters and essential communications relating to the Markets. A hard copy of this information is available at the BMP information booths at each Market if the Stallholder does not have email address. It is each Stallholder’s responsibility to keep themselves informed of any events that may affect the Markets.
  2. sign up to receive the BMP e-newsletter (which is sent via email)

b Stallholders should direct all non-urgent concerns regarding Market operations or concerns regarding any other Stallholder to BMP’s office during business hours Monday to Thursday 8am - 4pm, Friday 8am – 2pm and not on Market days.

 

4           Market Rules & Regulations

4.1      The BML Regulations apply to all Stallholders and their employees who are approved to trade at any Stall at the Rocklea Markets. Compliance with the Brisbane Markets® Regulations is an essential condition of BMP’s approval for Stallholders to trade from the Rocklea Markets.

 

        General provisions

5.1        BMP is not liable for any breach of its obligations resulting from causes beyond BMP’s reasonable control including industrial action by BMP’s Employees or that of any other party, floods, weather conditions or natural disasters.

5.2        Except as otherwise provided by law, BMP limits its cumulative and aggregate liability to any Stallholder (including liability arising from any damage or loss) to the value of one month’s Stall Fees received from the Stallholder in the preceding month.

5.3        No waiver by BMP, in exercising any right, power or provision in these Trading Terms and Conditions shall operate as a waiver of any other right or of that same right at a future time; nor shall any delay in exercise of any power or right be interpreted as a waiver.

5.4        In the event of a dispute arising out of or in connection with these Trading Terms and Conditions or any contract between the Stallholder and BMP, then the Stallholder agrees to attempt to settle the dispute by engaging in good faith with us in a process of mediation before commencing arbitration or litigation.

5.5        These Trading Terms and Conditions shall be governed by and construed in accordance with the law of Queensland, Australia and shall not be governed by the United Nations Convention on Contracts for the International Sale of Goods, the application of which is hereby expressly excluded.

5.6        If any of these terms is at any time held by any jurisdiction to be void, invalid or unenforceable, then it shall be treated as changed or reduced to the extent minimally necessary to bring it within the laws of that juridisction and to prevent it from being void and it shall be binding in that changed or reduced form. Subject to that, each provision shall be interpreted as severable and shall not in any way affect any other of these terms.

6.0        Policy Statement

6.1        BMP Stallholders must ensure that all Stalls meet the requirements set out in the Operating Standards Manual before commencing trade at any Market and ensure continued compliance

6.2        BMP’s merchandise, presentation, operation and safety standards as set out in these Trading Terms and Conditions and the Operating Standards Manual must be adhered to at all times.

6.3        Where a Stallholder operates its Stall during the ‘Markets’; in order to avoid any doubt and, in addition to the obligations set out in these Trading Terms and Conditions, the Stallholder acknowledges and agrees to be bound by the Operating Standard Manual (Appendix A).

6.4        The Stallholder acknowledges and agrees to the ‘Markets’ use of the ‘Stallholder Audit System’ as outlined in the Operating Standard Manual (Appendix A).

6.5        BMP is committed to ensuring all Stallholders comply with applicable health and safety standards, presentation, product quality, Government compliance and legislation, in addition to compliance with these Trading Terms and Conditions and Operating Standards Manual.

6.6        BMP may by written notice to Stallholders make (and subsequently alter) any rules and regulations (the Regulations) or operating requirements (Operating Standards Manual) that BMP may reasonably require for the safety, pedestrian and traffic management, good order, difference and operation of the Markets. Stallholders must comply with the Regulations and the Operating Standards Manual as if these were covenants in this document or a copy of them being provided to the Stallholder.

7.0        Stallholder Presentation Manual

7.1            Stallholders:

a   are only permitted to operate their business from within the confines of their allocated Stall space; and

b   must not use designated walkways or clear zones for the use of storage or selling of any Goods or equipment;

7.2        Stall sizes vary depending on site and location. The standard Stall sizes at Rocklea Site is 3.6mts in width and 7mts in depth. The Stallholder must ensure that it is within the marked Stall lines.  If the Stallholder’s vehicle does not fit within the Stall the vehicle must be removed from the Market trading area and parked off street parking or in the BML wholesale produce market. Vehicles must be removed from the Market site before 5:45am and cannot return till after 12:15pm. The standard stall size at Eagle Farm Markets is 3mts x 3mts for outdoor locations.

7.3        Table Cloth Coverings

a BMP requires all Stallholders to ensure all tables used in the displaying, selling or production of goods that are customer facing, are covered by table coverings.

b Table coverings must cover the top, sides and ends of the tables.

c Table coverings must be uniform in colour, design and size across a Stall.

7.4        Gazebos

a  Gazebos are required to be used when in attendance at EFM for all outdoor fashion, arts and craft and Food Court Stalls and must be secured by sandbags or weights.

b Gazebos can be used at the Rocklea site for additional cover under the shade sails however due to hard ground, sandbags or weights must be used to secure these.

c The use of tarpaulins and tent posts/ pegs can only be used with the prior approval from BMP.

d  BMP recommends all “Food Court” gazebos to display the business type and name.

e All marquees/gazebos must meet the following guidelines:

i      be of Sturdy Construction;

ii     must be clean and well maintained without stains, tears or damage;

iii    have a waterproof roof;

iv    be intended for use in wet weather;

v     gazebos must be of a fold-up variety (for ease of removal from the Market);

vi    gazebos must fit within the Stallholder’s Stall area;

vii   gazebos used in the “Food Court” areas must have side walls.

7.5        Signage

a BMP promotes the use of professional signs by all Stallholders.

b The use of signs must not restrict customer flow through the Market.

c  Signs must not block the view of customers or any other Stallholders products or displays.

d Signs must be safely secured to ensure the signs cannot cause any incident or accident a the Market.

e Signs must be legible, clean and of good condition.

f  BMP recommends all pricing signs for Saturday Food Market and Eagle Farm Sunday Market to be of a professional standard.

7.6        Goods

a All Stallholders are expected to ensure the Stallholder’s Market Stall remains occupied by the Stallholder and its Goods and services throughout the Customer Trading Period.  Pack Down is not permitted before this end of the Customer Trading Period.

b The following must be adhered to at all times:

i     any goods should be kept in a safe and secure manner at the back of the Stall;

ii     all food goods must be kept in a environment that promotes safe food handling techniques;

iii    empty cardboard boxes must be broken down and removed from the Stall site or if stored under tables must not be visible to the customer;

iv    the Weekend Market site, including but not limited to the Stallholder’s Stall, must be clear of stock and rubbish at the end of the Market day (after Stallholder Exit time);

v     BMP will not take responsibility for any stock left on site by the Stallholder or any employee of the Stallholder.

7.7            Equipment

a  It is the responsibility of each Stallholder to ensure that all equipment brought to the Market by the Stallholder has been erected securely, is operated in a safe manner and has been ballasted against strong winds prior to the commencement of the Customer Trading Periods.

b  All Stall equipment including racks, tables, gazebos, signage, umbrellas; etc must be located within Stall boundaries. Public access ways must be kept clear at all times and Stallholders must cooperate with BMP to ensure that an appropriate corridor is maintained along pedestrian walkways.

c  If using electrical leads, these must be securely covered and not present a safety hazard to pedestrians. Stallholders are responsible for covering all electrical leads with safety mats.

d At no time shall equipment be left on at the Weekend Markets for storage.  It is the responsibility of each Stallholder to take all stock, fixtures, belongings with the Stallholder at the close of trade of the Market.  BMP reserves the right to charge the Stallholder fees for the storage or disposal of any Stallholder possessions that remain on the Market site after Stallholder Exit times.

e  BMP assume no responsibility for any items left on the Market sites.

f  In the interest of public safety, particularly in windy conditions or wet weather, BMP reserves the right to direct Stallholders to remove gazebos, disconnect from power or remove unsafe equipment.