Effective Date: 19 February 2026
Welcome! We’re glad you’re here. These terms outline our agreement about the goods you’re purchasing from us. We want to ensure that you understand everything clearly. If you have any questions, feel free to reach out!
Important Notice: Nothing in these terms and conditions is intended to exclude, restrict, or modify any rights or remedies you may have under the Australian Consumer Law. We reserve the right to update or amend these Terms from time to time. Any material changes will be communicated to you by email or by prominent notice on the BBH Agency Partner Portal, no less than 14 days before the changes take effect. Continued placement of orders or use of the BBH Agency Partner Portal after the effective date of any updated Terms constitutes your acceptance of the updated terms.
1. DEFINITIONS
In these terms:
- “Agency Partner Portal” or “Portal” means the BBH online platform through which you place orders for Goods and submit grant applications.
- “Goods” means the products specified in this invoice.
- “Our Premises” means any address we notify to you.
- “Us”, “We”, and “Our” means Swags for Homeless Ltd (ABN: 93 128 411 012) trading as Backpack Bed for Homeless.
- “You” and “Your” means the company identified in this invoice.
- “Delivery Date” means the date on which we deliver the goods to you or notify you that the goods are ready for collection.
- “Invoice” refers to the document issued by us detailing the goods and their respective prices.
- “Order” means a request by you to purchase Goods from us, in the form of a written purchase order or acceptance of a quotation, including any order placed through the Agency Partner Portal.
1A. NATURE OF THE RELATIONSHIP — NO LEGAL PARTNERSHIP
1A.1. The relationship between us and you under these Terms is that of an independent supplier and authorised purchaser/distributor. Nothing in these Terms, nor in any transaction conducted under them, nor in the use of the term “Partner” or “Agency Partner” on the BBH Agency Partner Portal or in any BBH communication, creates or is intended to create a legal partnership, joint venture, agency, franchise, or employment relationship within the meaning of the Partnership Act 1891 (Qld) or equivalent legislation in any other Australian state or territory.
1A.2. For the avoidance of doubt:
(a) neither party has any authority to bind, obligate, or represent the other party in any dealings with third parties;
(b) no profit-sharing arrangement exists or is contemplated;
(c) no joint or several liability attaches to either party for the acts, omissions, debts, or obligations of the other party; and
(d) you operate as a fully independent organisation, solely responsible for your own governance, staffing, compliance, insurance, and operational decisions.
1A.3. You shall not represent to any third party that you are a legal partner, joint venturer, or agent of Swags for Homeless Ltd, or that you have any authority to bind us in any way.
1B. RELATIONSHIP TO REGISTRATION TERMS
These Terms of Purchase are supplementary to and should be read in conjunction with the BBH Agency Partner Application Terms and Conditions. In the event of any inconsistency between these Terms of Purchase and the Agency Partner Application Terms and Conditions, these Terms of Purchase shall prevail in respect of the sale and purchase of Goods, and the Agency Partner Application Terms and Conditions shall prevail in respect of all other matters.
2. GOVERNING TERMS AND CONDITIONS
These terms apply to the sale of goods by us to you, including all orders placed through the BBH Agency Partner Portal. These terms prevail over any terms in your documents and represent the entire agreement between you and us in respect of the sale and purchase of Goods. When you place an order for goods with us, accept delivery of goods, make any payment, or comply with these terms, you are taken to have accepted them.
3. DISTRIBUTION OF GOODS
3.1 You acknowledge that the goods purchased from us are intended for distribution to unsheltered homeless individuals.
3.2 You agree that the goods shall not be offered for resale, sold, or otherwise distributed for commercial gain.
3.3 If you are the final distributor of the goods, you agree to complete and submit to us, in the format we provide, a survey form detailing the distribution of the goods to unsheltered homeless individuals, within 21 days of the goods being distributed to applicable unsheltered homeless individuals. For the purpose of this clause, “final distributor” means the entity that directly provides the goods to the unsheltered homeless individuals.
3.4 In the event of a breach of this clause, we reserve the right to terminate any further orders.
4. QUOTATIONS AND PRICE
If we give you a quotation, we are not making you an offer. We may withdraw or alter the quotation without giving you notice. If we do not withdraw the quotation, it is valid for the period stated. If no period is stated, it is valid for 30 days from the date the quotation was given. Unless we otherwise agree in writing, the price of the goods will be the price we usually charge for the goods. Any price concession or discount we provide you is conditional on your full compliance with this document.
5. GST
Unless we state otherwise, the price for the goods includes any GST for which we are liable on the supply of the goods to you.
6. PAYMENT TERMS AND CANCELLATION
6.1 Unless we otherwise agree in writing, you must pay us for the goods you buy within 30 days of the date of this invoice (the “Due Date”).
6.2 Payment must be made in Australian Dollars (AUD) or the currency specified on the Invoice.
6.3 If payment is not made by the Due Date, we reserve the right to cancel your order.
(a) We may charge you interest if full payment is not made by the Due Date.
(b) If applicable, interest will be charged at 2% per annum above the prevailing Australia and New Zealand Banking Group Business Credit Facility Index from the Due Date until full payment is made.
(c) We may cancel any order or contract if we consider we may be unable to supply you the goods.
(d) If you do not collect the goods within 14 days from the date on which we tell you the goods are ready for collection, we may cancel the whole or part of an order or contract by giving you notice.
(e) You must pay all expenses incurred by us in enforcing our rights under this document.
(f) If we cancel in these circumstances, you must pay us for any reasonable cancellation fee we fix at our absolute discretion, and for any loss, liability, cost, or expense we incur as a result of the cancellation.
(g) You have no claim against us and we are not liable to you for any loss, liability, cost, or expense which you may incur as a result of a cancellation under this clause.
7. PAYMENT METHODS
We accept the following payment methods:
- Bank transfer
- Credit card
- PayPal
- Any other method agreed upon in writing prior to payment
8. DELIVERY AND RISK
8.1 All transactions are FOB, Ex-Swags for Homeless Ltd warehouse.
(a) Any redelivery fees will be charged.
(b) All deliveries must be signed for, so proof of delivery can be obtained.
(c) Swags for Homeless takes no responsibility for goods delivered/signed for by other parties/locations.
(d) Any delivery time we provide is only an estimate, and we are not liable to you for any loss or damage you suffer or incur as a result of late delivery.
(e) You must still accept and pay for the goods even if we deliver late.
(f) We may deliver the goods in instalments. Each instalment must be treated as a sale under a separate contract.
(g) If we fail to deliver any instalment, you must still accept and pay for the remaining instalments.
(h) If you do not pay for an instalment, we may treat the non-payment as a breach of contract relating to the other instalments.
(i) Risk of damage to, or loss of, the goods passes to you at the time of delivery.
(j) We are not liable to you for any loss or damage or deterioration of the goods after delivery, even if we arrange freight.
9. TITLE
We retain title to, and ownership of, the goods until you have paid all monies you owe us (and all cheques or negotiable instruments have been paid). Until title passes to you, we hold the goods on your behalf. Where applicable, you must return the goods to us if we ask you to. We can retake possession of any goods in your possession if you fail to pay us for the goods in accordance with clause 6.
10. QUANTITY DISCREPANCY
Claims for shortages, damages, and invoice discrepancies must be made in writing within 24 hours of delivery/receipt of goods. Please email us or Phone 07 3286 9834; otherwise, we will take it that the correct quantity of goods has been delivered, and you must accept the goods and pay for them in full despite the shortfall. If the quantity of goods delivered is more than the amount you ordered, you must immediately inform us in writing, and we are entitled to charge you for the excess or recover the excess from you.
11. STORAGE AND HANDLING
We may charge you for storage if you do not collect the goods or provide adequate delivery instructions within 21 days after the date on which we tell you that the goods are ready for collection. You must pay the charges we specify when we ask you. Any goods we store on your behalf are at your risk. In storing and handling the goods, you must comply with all applicable laws, especially those relating to health, safety, and the environment. When we give you written notice, you must allow us and/or our freight representative to enter the premises under your control to inspect the storage and handling of the goods.
12. WARRANTIES
Please note that no warranty is provided for products received at no cost. By accepting such products, you acknowledge that we are not liable for any defects or issues arising from them.
13. INTELLECTUAL PROPERTY
You must treat the information contained in any drawings and specifications for the goods we provide to you as strictly confidential. You must not use the information in any way to your advantage or our detriment. By buying the goods, you do not gain any licence or right under any of our intellectual property such as a patent, registered design, trademark, copyright, or confidential information. We are not obliged to disclose to you the methods or techniques used in production.
14. FORCE MAJEURE
14.1 We are not liable for any failure to comply with this document if the failure (directly or indirectly) arises out of any circumstances which are not within our reasonable control.
(a) If such circumstances occur, we may delay or cancel delivery of the goods or reduce the quantity to be delivered.
(b) Examples of situations beyond our reasonable control include, but are not limited to: strikes; lockouts; accidents; war; terrorism; cyber-attacks; fire; flood; earthquake; explosion; power outages or shortages; breakdowns of plant or machinery; shortage or unavailability of raw materials from normal sources of supply; acts of God; pandemics or epidemics; quarantine restrictions; and any order or direction of any local, State, or Federal Government, Government authority or instrumentality (within the Commonwealth of Australia or elsewhere).
(c) We are not obliged to remedy such circumstances. We are especially not obliged to settle any strike, lockout, or any other kind of industrial dispute.
(d) If a Force Majeure event occurs, we will notify you as soon as reasonably practicable, providing details of the event and its likely duration. We will use reasonable endeavours to minimise the impact of the Force Majeure event. However, if the Force Majeure event continues for a period of 30 days, either party may terminate the affected order or contract by giving written notice to the other party.
15. DATA PROTECTION AND PRIVACY
15.1 We are committed to complying with the Privacy Act 1988 (Cth) (Privacy Act) and the Australian Privacy Principles (APPs) in respect of any personal information we collect from you.
(a) We will collect, use, and disclose your personal information only for the purposes of fulfilling this agreement, including processing your orders, delivering goods, providing customer support, and complying with our legal obligations.
(b) We will take reasonable steps to protect your personal information from misuse, interference, loss, unauthorised access, modification, or disclosure.
(c) You consent to us collecting, using, and disclosing your personal information as described in this clause. Our full Privacy Policy is available at https://backpackbed.org/partnerau/privacy-policy and forms part of these terms and conditions. You should review our Privacy Policy to understand how we handle your personal information.
(d) If you provide us with personal information about any third party, you warrant that you have obtained that third party’s consent for us to collect, use, and disclose their personal information in accordance with this clause.
16. CONFIDENTIALITY
16.1 You acknowledge that during the course of our dealings, you may be exposed to our confidential information, including but not limited to: business plans, financial information, customer lists, marketing strategies, and proprietary technology (Confidential Information).
16.2 You agree to:
(a) keep our Confidential Information confidential;
(b) not use our Confidential Information for any purpose other than as necessary to perform your obligations under this agreement;
(c) not disclose our Confidential Information to any third party without our prior written consent; and
(d) take all reasonable steps to protect the confidentiality of our Confidential Information.
16.3 This confidentiality obligation will survive the termination or expiry of this agreement.
16.4 The obligations under this clause do not apply to information that:
(a) is or becomes publicly known other than through a breach of this clause;
(b) was known to you prior to its disclosure by us; or
(c) is required to be disclosed by law or a court order.
17. RETURNS POLICY
17.1 Returns will only be accepted with our prior written consent and are subject to the conditions set out in this clause and clause 14.
17.2 You must notify us in writing of any intention to return goods within 7 days of the Delivery Date as defined in clause 1. The notification must include:
(a) the invoice number;
(b) details of the goods to be returned; and
(c) the reason for the return.
17.3 We may, at our sole discretion, accept returns in the following circumstances:
(a) if the goods are faulty or damaged; or
(b) if we have delivered goods that do not conform to your order.
17.4 Goods must be returned in their original packaging, unopened, and in saleable condition.
17.5 Unless the goods are faulty or damaged, you are responsible for all costs associated with returning the goods, including shipping and insurance.
17.6 We will issue a refund or credit note for the returned goods, less any applicable fees, within 21 days of receiving the returned goods in satisfactory condition.
17.7 This returns policy does not affect your rights under the Australian Consumer Law (ACL), which cannot be excluded.
18. CANCELLATION
You cannot cancel any order or contract or return any goods unless we first agree in writing. We will not agree to any cancellation or return unless you indemnify us for all loss or damage we suffer or incur as a result of the cancellation or return. We may cancel any order or contract if we consider we may be unable to supply you the goods or if payment is not received within 30 days of the invoice date. If you do not collect the goods within 14 days from the date on which we tell you the goods are ready for collection, we may cancel the whole or part of an order or contract by giving you notice. If we cancel in these circumstances, you must pay us for any loss, liability, cost, or expense we incur as a result of the cancellation and a reasonable cancellation fee we fix at our absolute discretion. You have no claim against us and we are not liable to you for any loss, liability, cost, or expense which you may incur as a result of a cancellation under this clause.
19. LIMITATION OF LIABILITY
19.1 To the extent permitted by law, including the Australian Consumer Law (ACL), all other warranties, conditions, liabilities or representations (whether express, implied, statutory, or otherwise) as to the quality or fitness of the goods or as to the accuracy of information, advice or other services concerning the goods, are expressly excluded.
19.2 Our liability for a breach of this document, non-excludable rights, or any written warranty we provide to you is limited, at our option, to one or more of the following:
(a) replacing the goods or supplying equivalent goods; or
(b) paying the cost of replacing the goods or of acquiring equivalent goods.
19.3 We are not liable to you for any loss or damage (including consequential loss or damage) you incur even if due to our negligence.
19.4 You indemnify us for all liabilities, losses, damages, costs, or expenses suffered or incurred by us as a result of any of the following:
(a) our compliance with your instructions regarding the goods;
(b) your failure to:
- (i) provide or display safety information on or relating to the goods;
- (ii) comply with laws relating to the use, sale, marketing, labelling, or marking of goods;
- (iii) detect and bring to our attention matters for which we may become liable, whether for negligence, under legislation, or otherwise;
(c) any statement you make about the goods without our written approval;
(d) the use of goods by you or a third party; and
(e) your negligence or breach of this document.
19.5 Nothing in these terms, nor in any transaction conducted under them, creates or is intended to create a legal partnership between you and us.
20. SPECIFICATIONS
All colours, specifications, drawings, and particulars of weight and dimensions for the goods are approximate only. You cannot claim against us for any deviation.
21. SUBCONTRACTING
We may subcontract the production, manufacture, or supply of the whole or any part of the goods.
22. VARIATION
22.1 We reserve the right to update or amend these terms from time to time. Any material changes will be communicated to you by email to the address associated with your account, or by prominent notice on the BBH Agency Partner Portal, no less than 14 days before the changes take effect.
22.2 Continued placement of orders or use of the BBH Agency Partner Portal after the effective date of any updated terms constitutes your acceptance of the updated terms.
22.3 If you do not agree to the updated terms, you may cease placing orders. The previous version of the terms will govern any orders placed before the effective date of the change.
22.4 The current version of these terms, including the effective date, will be available at all times on the BBH Agency Partner Portal.
23. WAIVER
Even if we do not insist on strict performance of this document, we are not taken to have waived our right to later require strict performance. Even if we provide an express waiver, this is not to be taken as a waiver of a subsequent breach of a term or condition.
24. NOTICES
Notices under this document must be in writing. A notice must be delivered personally or by e-mail or post to the other person at their last known address.
25. SEVERABILITY
If any of these terms and conditions are invalid or unenforceable in any jurisdiction, they are, if possible, to be read down so as to be valid and enforceable. The read down provision will only apply in the relevant jurisdiction. If the provision cannot be read down, and it can be severed to the extent of the invalidity or unenforceability, it is to be severed. The rest of the provisions, and the validity or enforceability of the affected provision in any other jurisdiction, will not be affected.
26. GOVERNING LAW AND JURISDICTION
These terms and conditions are governed by the law in force in the State of Queensland, Australia. We both submit to the exclusive jurisdiction of the courts of Queensland and any courts which may hear appeals from those courts.