Buyer Terms and Conditions

(b) Order and purchase products listed for sale on the Platforms;

3.1 To purchase products through the Platforms or to register an account, you may be required to provide (among other things):

(a) Details including:

(i) Name; 

(ii) Address;

(iii) Telephone number;

(iv) ACN or ABN, where applicable; and

(v) A valid email address.

 (b) A valid Australian credit card number, bank account or Third-Party Payment Provider account information (as defined in clause 4) for payment purposes;

(c) A name and address for delivery purposes; and

(d) Any other information required to complete the registration or ordering process, (Client Data). What constitutes Client Data may vary from time to time, noting that we may require additional information to that set out above.

3.2 You may use the Platforms to purchase products listed for sale by us (Order).

3.3 Failure to supply correct Client Data may result in us being unable to process or comply with your Order, and / or may limit your access to the Platforms.

3.4 We reserve the right to decline your registration request if you do not comply with our registration requirements as detailed in these Terms and Conditions and on the Platforms.

3.5 You agree to permit us to use your Client Data for the purpose of processing or complying with your Order and providing the functionality of the Platforms and any related purpose. You acknowledge that in order to do so, we may share the Client Data with other parties, including Sellers, financiers, stakeholders and suppliers.

3.6 After completing the Order process on the Platforms, you will receive an email from us acknowledging that we have received your Order. Please note that this does not mean that an Order has been accepted.

3.7 An Order will relate only to the product that is the subject of each individual Order made.

3.8 You agree to use the Platforms for their intended purpose. You may not use the Platforms for any illegal or unauthorised purpose, including the transmission of malware. You must not use the Platforms to violate any laws, including but not limited to copyright laws.

3.9 You must not use the Platforms for any unconscionable behaviour or activity, including but not limited to:

(a) Engaging in abusive, derogatory, discriminatory, or vexatious behaviour;

(b) Engaging in any activity that disrupts or corrupts the Platforms or the networks that host the Platforms; or

(c) Attempting to hack, reverse-engineer, disable, circumvent, or otherwise gain access to any security, database, or other secure aspect of the Platforms.

3.10 You are responsible for maintaining the security of your login and account information (including the password). We are not liable for any loss or damage from your failure to comply with this security obligation.

3.11 You are responsible for all activities that occur on your account, and we will not be liable for any loss or damage from activities on your account.

3.12 All Client Data will be stored and maintained by or on behalf of us in accordance with relevant law, including relevant privacy laws.

3.13 We may from time to time email you regarding our Service or third party products or services that may be of interest to you. The emails may contain code that enables our database to track your usage of the emails, including whether the email was opened and / or what links (if any) were clicked. We may use this information to improve the functionality of the Platforms and to improve the Service for you.

4. Accepting or declining an Order

 4.1 We reserve the right to accept or decline to process any Order initiated on the Platforms, for any reason, including if there is an error in the price or the product description posted on the Platforms.

4.2 If we decline to process an Order, we will endeavour to notify you at the time you place an Order or within 48 hrs after you submit an Order.

4.3 If we decline to process an Order, to the extent that we have received funds from you, a full refund, less any applicable credits or discounts, will be made within 10 Business Days.

5. Third party payment service

 5.1 We use a third party payment service provider to process payments on the Platforms. Payments submitted through the third party payment service provider is subject to their terms and conditions.

5.2 We are not liable for any issues, including charges from your financial institution, which may arise as a result of this service.

6. Price & payment

6.1 By accepting these Terms and Conditions you authorise us or any third-party service provider to debit your account or the relevant financial institution connected with the payment details identified and provided in your Client Data.

6.2 All prices listed on the Platforms are in Australian Dollars and inclusive of GST. Charges associated with delivery of Orders, if any, will be calculated at the time of processing the Order and will form part of the price of the Order. 

6.3 Payment for all products and services must be by credit or debit card or any other payment method, including third-party payment providers (as defined in clause 4), as listed on the online checkout page of the Platforms.

6.4 We may accept payment from a third-party payment provider where you have elected to pay for an Order through this means, including but not limited to PayPal, AfterPay or ZipPay (Third-Party Payment Provider, Provider). When payment is being made through a Third-Party Payment Provider, the payment is subject to the relevant terms and conditions of that Provider. We are in no way providing or purporting to provide such payment to you or to any party. Any payment extended to you will be subject to separate terms and conditions and we accept no liability, and you release and discharge us from and indemnify us against any loss, damage, claim or action otherwise relating to payment made through a Provider.

6.5 Orders will be charged to your nominated payment method.

6.6 You acknowledge that the payment details provided have been verified to confirm the accuracy of the details provided.

6.7 You acknowledge that you have authority to utilise the nominated payment details for the purpose of placing any Order.

6.8 It is your responsibility to ensure that there are sufficient cleared funds or financial capacity in the nominated account or means of payment to honour the Order when it falls due.

6.9 We will not be held responsible for any fees and charges imposed by your financial institution or any other third party that may be incurred if there are insufficient funds in your account or the payment fails.

6.10 Payments will be processed at the time when you place an Order on the Platforms or at a reasonable time thereafter.

6.11 Your Order will not be processed until payment is received in full by us or our nominated third party (including any applicable delivery fees and other charges).

6.12 All Orders placed are final and you cannot change or cancel your Order, unless such change or cancellation is otherwise required by law, allowed for in these Terms and Conditions, or allowed for in the Seller’s terms and conditions.

6.13 In the event that we suspect the existence of a fraud account:

(a) We reserve the right to investigate all accounts where we suspect incorrect or fraudulent activity occurred.

(b) We reserve the right to terminate your account following the investigation.

6.14 We may offer you use of promotional codes, vouchers or discounts to reduce the payment of certain products on the Platforms. Each promotional code, voucher or discount will have its own terms and conditions that must be abided as a condition of redemption, and we assume no liability for the misuse, loss, theft or illegibility of any promotional codes, vouchers or discounts. For the avoidance of doubt, promotional codes, vouchers or discounts cannot be redeemed for cash or to acquire any credit on the Platform. Unless specified otherwise, we will apply promotional codes, vouchers or discounts on a pro-rata basis to eligible items in order to determine the final price you pay for those items.

7. Products

7.1 Products displayed on the Platforms are listed for sale by us.

7.2 You are responsible for making your own enquiries to assess the suitability of a product listed prior to placing an Order to purchase or pay for the product. 

7.3 A listing on the Platforms for a product does not constitute an offer to sell or provide that product and is merely information published on the Platforms advertising the product. 

8. Delivery and performance

8.1 Delivery timeframes will be provided where possible. Where delivery timeframe is provided, it is merely an estimate, and we make no guarantee or warranty as to the accuracy of this time frame. Where delivery timeframe is not provided, you may contact us to obtain an estimated delivery date. You acknowledge that delivery dates may vary and may be subject to delay. 

9. Refunds and returns

 9.1 Notwithstanding any other provision of these Terms and Conditions, we are in no way required to refund any money spent in an Order.

9.2 In the case of a dispute relating to an Order, you agree to act reasonably and to utilise the Platforms dispute management mechanism.

9.3 All products listed for sale on the Platforms come with guarantees that cannot be excluded under Australian Consumer Law. Any claims under Australian Consumer Law with respect to a product are against the Seller only and you agree and fully release and discharge us from any liability, claim, or action against the supply or delivery of a product under Australian Consumer Law. 

10. Reviews

10.1 You may submit a review of the Platforms or the product itself (Review).

10.2 You warrant that any Review you submit is true, fair, and accurate. 

10.3 If we consider that your Review is untrue, unfair, inaccurate, offensive or inappropriate, we may, at our sole discretion, delete the Review, ban you from posting the Review, and/or terminate your account.

10.4 To the maximum extent permitted by law, we are responsible for the content of any Reviews.

11. Termination

11.1 We may at our discretion terminate these Terms and Conditions, cancel your registration, or cease providing you access to the Platforms if:

(a) You breach any of these Terms and Conditions; or

(b) You breach the terms and conditions of a Seller.

11.2 You may terminate these Terms and Conditions by ceasing to use the Platforms. Each time you use the Platforms, these Terms and Conditions apply continuously and anew.

12. Disclaimer and limitation of liability

 12.1 While we have taken reasonable steps to ensure the accuracy, currency, availability and completeness of the information contained on the Platforms, that information is provided in good faith and on an “as is” and “as available” basis and we do not make any representation or warranty of any kind, whether express or implied, as to the reliability of the information.

12.2 We make no warranties, representations or conditions of any kind, express, statutory or implied as to:

(a) The operation and functionality of the Platforms;

(b) The accuracy, integrity, completeness, quality, legality, usefulness, safety and IP rights of any of the Platforms content; and/or

(c) The products associated with the Platforms or their content. We further disclaim all warranties, express, statutory or implied, including, but not limited to, implied warranties of merchantability, merchantable quality, durability, fitness for a particular purpose and/or non-infringement. No advice or information, whether oral or written, that you obtain from us shall create any warranty, representation or condition not expressly stated herein.

12.3 We require that products listed on the Platforms are environmentally friendly (Green Product Policy). We take steps to verify that all products comply with our Green Product Policy. While we take all reasonably available steps, we are unable to guarantee that all products listed comply with our Green Product Policy.

12.4 To the extent permitted by law, we do not represent or warrant that the Platforms will be available at all times, that access will be uninterrupted, that there will be no delays, failures, errors or omissions or loss of transmitted information, that no viruses or other contaminating or destructive properties will be transmitted, or that no damage will occur to your computer system.

12.5 You must take your own precautions to ensure that the process which you employ for accessing the Platforms does not expose you to the risk of viruses, malicious computer code or other forms of interference which may damage your computer system or any other computer system.

12.6 Whilst we strive to protect information transferred over the Platforms, we do not warrant and cannot ensure the security of any information which you transmit to us. Accordingly, any information which you transmit to us is transmitted at your own risk. Nevertheless, once we receive your transmission, we will take reasonable steps to preserve the security of such information.

12.7 We do not accept responsibility for any loss or damage, however caused (including through negligence), which you may directly or indirectly suffer in connection with your use of, attempted use of, or inability to use the Platforms or any linked website, nor do we accept any responsibility for any such loss arising out of your use of or reliance on information contained on or accessed through the Platforms.

12.8 We disclaim all liability for any, and to the extent permitted by law under no circumstances will we be liable for any:

(a) Indirect, special, incidental, punitive, exemplary, reliance or consequential damages;

(b) Loss of profits, loss of contract, or loss of business opportunity;

(c) Loss or damage to reputation of you or any third party;

(d) Loss of information or data; or

(e) Any loss or damage, arising out of your use of the Platforms or in connection with these Terms and Conditions.

12.9 Our maximum aggregate liability to you for any claims, damages, injuries or causes whatsoever, and regardless of the form of action (whether such liability arises due to negligence, breach of contract, misrepresentation or for any other reason), will at all times be limited to the greater of 

(a) the amount paid, if any, by you on the Platforms in the 2 months prior to the action giving rise to liability; or

(b) $1.00.

12.10 This clause survives the termination or expiry of these Terms and Conditions.

13. Linked websites

13.1 The Platforms may contain links to other websites (Linked Websites). Those Linked Websites are provided for convenience only and may not remain current or be maintained.

13.2 The Linked Websites should not be construed as an endorsement, approval or recommendation by us the owners or operators of those Linked Websites, or of any information, graphics, materials, products or services referred to or contained on those Linked Websites, unless and to the extent we stipulate to the contrary.

13.3 To the extent permitted by law, we accept no responsibility or liability for, and give no warranty (express or implied) of any kind in respect of, the Linked Websites and your use of them or any products or services available on or through the Linked Websites.

14. Linking to the Platforms

14.1 You may link to the Platforms only:

(a) With our prior express permission;

(b) In a way that is fair, unbiased, legal and does not damage or exploit our reputation; or

(c) In a way that does not suggest either express or implied association or endorsement by us.

14.2 You must remove or procure the removal of any link to the Platforms immediately upon receiving notice from us to do so. We may give such notice at our absolute discretion without justification.

15. Transfer of rights and obligations

15.1 These Terms and Conditions are binding on you and us and on our respective successors and assignees.

15.2 You may not transfer, assign, charge or otherwise dispose of your rights or liabilities under these Terms and Conditions, or any of your rights or obligations arising under it, without our prior written consent.

15.3 We may transfer, assign, charge, sub-contract or otherwise dispose of any of our rights or obligations arising under these Terms and Conditions, at any time without your prior consent.

16. Intellectual property rights

16.1 We are the owner or the licensee of all intellectual property rights in the Platforms, whether registered or unregistered, and in the material published on it. These works are protected by copyright laws and all such rights are reserved.

16.2 Nothing in these Terms and Conditions or otherwise creates an assignment of any rights in the Platforms beyond the ability to use it for its intended use.

16.3 By accepting these Terms and Conditions you undertake not to reverse engineer, replicate, or otherwise copy the Platforms. We reserve all our rights to seek compensation, damages, injunctions, or any other remedy available to us at law if any attempt to do so, whether successful or unsuccessful, is made by you, your employees, officers, affiliates, customers, or anyone else. 

16.4 You must not modify, adapt or hack the Platforms or modify another website or software so as to falsely imply that it is associated with the Platforms or with us. 

16.5 You agree not to reproduce, duplicate, copy, sell, resell or exploit any portion of the Platforms, use of the Platforms, or access to the Platforms without our prior express written permission.

16.6 You may print off one copy, and may download extracts, of any pages from the Platforms for your personal reference. You must not use any part of our copyright materials for commercial purposes without first obtaining a licence to do so from us and our licensors.

16.7 If you post comments on the Products or Services to any website, blog or social media network (Commentary) you must ensure that such Commentary represents your fairly- held opinions. By agreeing to these Terms and Conditions, you irrevocably authorise us to quote from your Commentary on the Platforms and in any advertising or social media outlets which we may create or contribute to.

16.8 Nothing in these Terms and Conditions, and nothing arising out of your use or access to the Platforms, or any Order initiated on the Platforms, transfer or assigns any title, ownership, licence or legal right otherwise in the intellectual property of the Platforms.

17. Force Majeure Events

17.1 We will not be liable or responsible for any failure to perform or delay in performance of any of our obligations under these Terms and Conditions that is caused by events outside our control (Force Majeure Event).

17.2 A Force Majeure Event includes any act, event, non- happening, omission or accident beyond our reasonable control and includes in particular (without limitation) the following:

(a) Strikes, lockouts or other industrial action;

(b) Civil commotion, riot, invasion, terrorist attack or threat of terrorist attack, war (whether declared or not) or threat or preparation for war;

(c) Fire, explosion, storm, flood, earthquake, subsidence, epidemic or other natural disaster;

(d) Impossibility of the use of railways, shipping, aircraft, motor transport or other means of public or private transport;

(e) Impossibility of the use of public or private telecommunications networks;

(f) Epidemic, pandemic or other health emergency (whether declared or not); and

(g) The acts, decrees, legislation, regulations or restrictions of any government.

17.3 Our performance under these Terms and Conditions is deemed to be suspended for the period that the Force Majeure Event continues, and we will have an extension of time for performance for the duration of that period. We will use our reasonable endeavours to bring the Force Majeure Event to a close or to find a solution by which our obligations under these Terms and Conditions may be performed despite the Force Majeure Event.

18. General terms

18.1 To the extent permitted by law, we reserve the right to create, collect and / or store any metadata resulting from your use of the Platforms. To the extent permitted by law, we may use metadata for a variety of functions including (but not limited to) conducting investigations, helping us manage and administer the Platforms, for purposes of search engine optimisation and to drive traffic to the Platforms. To the extent permitted by law, we reserve the right to share your information (including metadata) with government agencies and authorities to the extent this is required or requested of us.

18.2 These Terms and Conditions contain the entire understanding between the parties concerning the subject matter of these Terms and Conditions and supersedes all prior communications.

18.3 Verbal, physical, written or other abuse (including threats of abuse or retribution) of any of our employees, members, representatives, or officers, or any breach of these Terms and Conditions will result in immediate termination of this agreement and cancellation of your account. If we do this, you may be prevented from accessing your account, and / or for placing further Orders. 

18.4 Each party acknowledges that, in entering into these Terms and Conditions, neither party relies on any representation or warranty (whether made innocently or negligently) that is not set out in these Terms and Conditions.

18.5 Any failure by us to exercise or enforce any right or provision of these Terms and Conditions shall not constitute a waiver of such right or provision. The Terms and Conditions constitutes the entire agreement between you and us and govern your use of the Platforms, superseding any prior agreements between you and us.

18.6 If any term or provision of these Terms and Conditions is held by a court to be illegal, invalid or unenforceable under the applicable law, it will not void the balance of these Terms and Conditions. Any such term or provision will be severed from these Terms and Conditions and the remaining terms and conditions will continue to be valid in accordance with their terms.

18.7 These Terms and Conditions are governed by the laws of New South Wales. Disputes arising from your use of the Platforms are exclusively subject to the jurisdiction of the courts of New South Wales.