Welcome to Aussie Mart!
WHAT PARTS OF THESE TERMS APPLY TO ME?
This agreement governs your use of the Aussie Mart platform, accessible at https://www.aussiemart.com.au/
(Platform) and any goods or services made available through the Platform. By using the Platform, you agree to be bound by this agreement which forms a binding contractual agreement between you, the User, and us, Aussie Mart Pty Ltd ABN 17 647 053 352 (Aussie Mart,weor us).
The remainder of this agreement is divided into three parts:
1. All Users (All Users), which sets out terms that apply to all Users;
2. SELLERS (Sellers), which sets out additional terms that apply to Sellers, being Users who register for a Seller Account and/or offer to sell goods or services through the Platform; and
3. CUSTOMERS (Customers), which sets out additional terms that apply to Customers, being Users who register for a Customer Account and/or offer to buy goods or services through the Platform.
If you intend to use the Platform as a Seller, only parts : of these terms related to ALL USERS and SELLERS will apply to you.
If you intend to use the Platform as a Customer, only Parts of these terms related to ALL USERS and CUSTOMERS will apply to you.
When we talk about the "Goods" in this agreement, we are referring to the goods available through the Platform via Sellers.
“Listings” refer to the product listings containing offers to sell Goods that independent sellers upload to the Platform.
This Platform is not intended for unsupervised use by any person under the age of 18 years old or any person who has previously been suspended or prohibited from using the Platform. By using the Platform, you represent and warrant that you:
- Have not been suspended or prohibited from using the Platform; and are either: Over the age of 18 years and accessing the Platform for personal use; or Accessing the Platform on behalf of someone under the age of 18 years old and consent to that person's use of the Platform.
Please do not access the Platform if you are under the age of 18 years old and do not have your parent or guardian's consent, or if you have previously been suspended or prohibited from using the Platform.
If you use the Platform on behalf of a company or organisation you warrant that you have the necessary authority from that company or organisation to do so. If you are signing up not as an individual but on behalf of your company, your employer, an organisation, government or other legal entity (Represented Entity), then “You” and “User” means the Represented Entity and you are binding the Represented Entity to this agreement. If you are accepting this agreement and using our Platform on behalf of a Represented Entity, you represent and warrant that you are authorised to do so.
- In order to use most of the functionality of the Platform, all Users are required to sign-up, register, and receive an account through the Platform (an Account).
- As part of the Account registration process and as part of your continued use of the Platform, you are required to provide personal information and details, such as your email address, first and last name, preferred username, a secure password, billing, postal, and physical addresses, mobile phone number, bank account information, and other information as determined by Aussie Mart from time to time.
- You warrant that any information you give to Aussie Mart in the course of completing the Account registration process will always be accurate, honest, correct, and up-to-date.
- Correspondence between Users must take place on the Platform. You agree to ensure that your Account does not display any of your personal contact information at any time such that it can be viewed by any other User. You agree to not give your sign-in and contact details to any other User.
- Once you complete the Account registration process, Aussie Mart may, in its absolute discretion, choose to accept you as a registered user within the Platform and provide you with an Account.
- Aussie Mart reserves the right to contact you about any concerning behaviour by you, or to seek a resolution with you.
- Aussie Mart may, in its absolute discretion, suspend or cancel your Account for any reason, including for any failure to comply with this agreement.
USER OBLIGATIONSAs a User, you agree:
- Not to intimidate, harass, impersonate, stalk, threaten, bully or endanger any other User or distribute unsolicited commercial content, junk mail, spam or bulk content:
- To not share your Account with any other person and that any use of your Account by any other person is strictly prohibited. You must immediately notify Aussie Mart of any unauthorised use of your Account, password or email, or any other breach or potential breach of the Platform's security;
- To not use the Platform for any purpose other than for the purpose of making arrangements to provide or receive Goods, including: you must not use the Platform in a manner that is illegal or fraudulent or facilitates illegal or fraudulent activity (including requesting or accepting a job or a sale which includes illegal goods, activities or purposes); and you must not use the Platform in connection with any commercial or money making or other promotional or marketing endeavours except those that are endorsed herein, or as approved in writing by Aussie Mart;
- Not to act in any way that may harm the reputation of Aussie Mart or associated or interested parties or do anything at all contrary to the interests of Aussie Mart or the Platform;
- You must not make any automated use of the Platform and you must not copy, reproduce, translate, adapt, vary or modify the Platform without the express written consent of Aussie Mart;
- That Aussie Mart may change any features of the Platform or Goods offered through the Platform at any time without notice to you;
- That information given to you through the Platform, by Aussie Mart or another User including a Seller, is general in nature and we take no responsibility for anything caused by any actions you take in reliance on that information; and
- That Aussie Mart may cancel your account at any time, including if it considers, in its absolute discretion, that you are in breach or are likely to breach this clause USER OBLIGATIONS; and
THIRD PARTY PAYMENT PROVIDER
By providing or posting any information, materials, or other content on the Platform (Posted Material), you represent and warrant that:
- You are authorised to provide the Posted Material (including by being authorised to provide any services that you represent you provide);
- The Posted Material is accurate and true at the time it is provided;
- Any Posted Material which is in the form of a review or feedback is honest, accurate and presents a fair view of the relevant person and/or your experience;
- The Posted Material is free from any harmful, discriminatory, defamatory or maliciously false implications and does not contain any offensive or explicit material;
- The Posted Material is not "passing off" of any product or service and does not constitute unfair competition;
- The Posted Material does not infringe any Intellectual Property Rights, including copyright, trademarks, business names, patents, confidential information or any other similar proprietary rights, whether registered or unregistered, anywhere in the world;
- The Posted Material does not contain any viruses or other harmful code, or otherwise compromise the security or integrity of the Platform or any network or system; and
- The Posted Material does not breach or infringe any applicable laws.
You grant to Aussie Mart a perpetual, irrevocable, transferable, worldwide, and royalty-free licence (including the right to sub-license) exploit or otherwise enjoy the benefit of such Posted Material.
If it is determined that you retain moral rights (including rights of attribution or integrity) in any Posted Material, you forever release Aussie Mart from any and all claims that you could assert against Aussie Mart by virtue of any such moral rights.
You indemnify Aussie Mart against all damages, losses, costs and expenses incurred by Aussie Mart arising out of any third party claim that your Posted Material infringes any third party's Intellectual Property Rights.
Aussie Mart acts as a passive conduit for the online distribution of Posted Material and has no obligation to screen Posted Material in advance of it being posted. However, Aussie Mart may, in its absolute discretion, review and remove any Posted Material (including links to you, your profile, or listings you have posted on the Platform) at any time without giving any explanation or justification for removing the Posted Material.
You agree that you are responsible for keeping and maintaining records of Posted Material.
REFUNDS, SERVICE INTERRUPTIONS, AND CANCELLATIONS
- Aussie Mart will have no liability or obligation to you if:
- A Customer or Seller cancels at any time after the time the performance of a Listing is agreed; or for whatever reason, including technical faults, the Goods cannot be provided, and
- You will not be entitled to any compensation from Aussie Mart.
(Verification) We may offer or require Users to verify their details, using our processes or an external verification service as applicable (Verification Service).
- We may contact and share your personal information with a Verification Service to verify your details; and
- You consent to us receiving, sharing and using this information to enable us to carry out Verification Services. (Fees) We may charge fees for Verification Services, as set out on the Platform.
- (Warranty and Indemnity) You acknowledge and agree that:
- We are reliant on the information provided by the Verification Service to verify your identity and to the extent permitted by law, we disclaim all warranties that the Verification Services will be accurate or guarantee that Verification Services will ensure you contract with a suitable User;
- You should make your own enquiries as to other Users’ identities before engaging in contracts with those Users; and
- We do not endorse any User, Listing or Verification Service.
RATINGS AND REVIEWS
- Customers may rate a Listing, and Sellers may rate a Customer (each a ‘Rating’) and Users may provide feedback to other Users regarding the relevant Goods or experience with that User (Review).
- Ratings and Reviews may be able to be viewed by other Users and these may remain viewable until the relevant Account and/or Listing is removed or terminated.
- Users must provide true, fair and accurate information in their Reviews.
- If we consider that a Review is untrue, unfair, inaccurate, offensive or inappropriate, we may delete the Review or ban the relevant User from posting the Review, or future Reviews. We do not undertake to review each Review made by a User.
- If you consider that a Review is untrue, unfair, inaccurate, offensive or inappropriate, please follow our dispute resolution procedure set out in clause DISPUTES BETWEEN USERS.
- To the maximum extent permitted by law, we are not responsible for the content of any Reviews.
- You must not publish Reviews for Users to which you have personal or professional relations.
- Users can only write a Review about another User if they have had a buying or selling experience with that User, which means that:
- They have purchased a product or service from that Seller;
- They have sold a product or service to that Customer;
- You have placed an order with the Seller;
- You have had an order placed with you by the Customer; or
- You can otherwise document that you had a buying or selling experience with that User, including via correspondence or other interaction with the User, (collectively referred to as a Service Experience).
If you have had an unsatisfactory Service Experience, please attempt to resolve the situation with the other User before posting a Review.
- You must only write about your own Service Experience. You are not permitted to write a Review about somebody else’s Service Experience, such as that of a family member or friend.
- You must not write a review about a Seller you have previously owned, currently own, or which an immediate family member currently owns, or if you are an executive or employee of that Seller, or work for the Seller. Similarly, you must not write a Review about a direct competitor to the Seller you own, are employed by or work for.
- Your Service Experience must have occurred within the last 12 months. This means within 12 months from the date on which you write the Review.
- You are encouraged to be specific and factual in your Reviews. If you have been offered an incentive by a User to write a Review, you should include information about this in your Review. Incentives include the User offering you a gift, reward, discount or advantage for writing a Review about the User on the Platform.
- The Platform is made available to you strictly on an 'as is' basis. Without limitation, you acknowledge and agree that Aussie Mart cannot and does not represent, warrant or guarantee that:
- The Platform will be free from errors or defects;
- The Platform will be accessible at all times;
- Messages sent through the Platform will be delivered promptly, or delivered at all;
- Information you receive or supply through the Platform will be secure or confidential; or
- Any information provided through the Platform is accurate or true.
Aussie Mart retains ownership of all materials developed or provided (or both, as the case may be) in connection with the Platform (including text, graphics, logos, design, icons, images, sound and video recordings, pricing, downloads and software) (Platform Content) and reserves all rights in any Intellectual Property Rights owned or licensed by it not expressly granted to you.
You may make a temporary electronic copy of all or part of the Platform Content for the sole purpose of viewing it. You must not otherwise reproduce, transmit, adapt, distribute, sell, modify or publish the Platform Content without prior written consent from Aussie Mart or as permitted by law.
Within this clause INTELLECTUAL PROPERTY, "Intellectual Property Rights" means all copyright, trade mark, design, patent, semiconductor and circuit layout rights, trade, business, company and domain names, confidential and other proprietary rights, and any other rights to registration of such rights whether created before or after the date of this agreement both in Australia and throughout the world.
THIRD PARTY CONTENT
The Platform may contain links to other websites that are not our responsibility. We have no control over the content of any linked websites, and we are not responsible for that content. Inclusion of any linked website on the Platform does not imply our approval or endorsement of the linked website.
The Platform may contain text, images, data and other content provided by a third party and displayed on the Platform (Third Party Content). Aussie Mart accepts no responsibility for Third Party Content and makes no representation, warranty or guarantee about the quality, suitability, accuracy, reliability, currency or completeness of Third Party Content.
THIRD PARTY TERMS
Some aspects of the Platform may be supplied by a third party (including a third party payment service) and as such be subject to the terms and conditions of that third party (Third Party Terms), including 'no refund' policies. We will endeavour to notify Users when this is the case.
Users agree to familiarise themselves with any Third Party Terms applicable to any Third Party Terms and, by using the aspects of the Platform that are supplied by third parties to, the User will be taken to have agreed to such Third Party Terms.
DISPUTES BETWEEN USERS
You should direct any complaint relating to another User to that User. Users must take all reasonable steps to resolve any dispute with another User with that User.
If any issue or problem relating to the Platform remains unresolved after directing a complaint to a relevant User, or if the complaint does not relate to another User, you must report it to Aussie Mart via email@example.com. We will assess the complaint and attempt to quickly and satisfactorily resolve it.
Aussie Mart reserves the right to hold funds in relation to a dispute until the dispute is resolved, either by us, the relevant parties or by a mediator or arbitrator. We reserve the right to disperse funds held by us as we see fit, including by providing a Customer a refund. Any costs you incur in relation to a complaint or dispute will be your responsibility.
Aussie Mart has the option to appoint an independent mediator or arbitrator if needed. The cost of any mediator or arbitrator must be shared equally between each of the parties to the dispute.
If you have a dispute with Aussie Mart, you agree to notify us first and enter into discussion, mediation or arbitration with us for a minimum of a 120-day period before pursuing any other proceedings.
Notwithstanding any other provision of this clause DISPUTES BETWEEN USERS, you or Aussie Mart may at any time cancel your Account or discontinue your use of the Platform.
Aussie Mart does not accept responsibility for loss or damage to computer systems, mobile phones or other electronic devices arising in connection with your use of the Platform. You should take your own precautions to ensure that the process you employ to access the Platform does not expose you to the risk of viruses, malicious computer code, or other forms of interference.
(Introduction service) Aussie Mart is a medium that facilitates the introduction of Customers and Sellers for the purposes of buying and selling Goods. Aussie Mart simply collects a service fee in consideration for providing this introduction service and does not have any obligations or liabilities to, and is not a party to any contract between, Customers and Sellers in relation to such Goods or otherwise resulting from the introduction.
(Limitation of liability) To the maximum extent permitted by applicable law, Aussie Mart excludes completely all liability to any person for loss or damage of any kind, however arising whether in contract, tort (including negligence), statute, equity, indemnity or otherwise, arising from or relating in any way to the Platform or its use or any services provided by any Seller. This includes the transmission of any computer virus.
(Disclaimer) All express or implied representations and warranties are, to the maximum extent permitted by applicable law, excluded. Where any law (including the Competition and Consumer Act 2010(Cth)) implies a condition, warranty or guarantee into this agreement which may not lawfully be excluded, then to the maximum extent permitted by applicable law, Aussie Mart's liability for breach of that non-excludable condition, warranty or guarantee will, at our option, be limited to: in the case of goods, their replacement or the supply of equivalent goods or their repair; and in the case of services, the supply of the services again, or the payment of the cost of having them supplied again.
(Indemnity) You agree to indemnify Aussie Mart and its employees and agents in respect of all liability for loss, damage or injury which may be suffered by any person arising from you or your representatives': breach of any term of this agreement; use of the Platform; or your provision or receipt of Goods from another User.
(Consequential loss) To the maximum extent permitted by law, under no circumstances will Aussie Mart be liable for any incidental, special or consequential loss or damages, or damages for loss of data, business or business opportunity, goodwill, anticipated savings, profits or revenue arising under or in connection with the Platform, this agreement or their subject matter, or any services provided by any Seller (except to the extent this liability cannot be excluded under theCompetition and Consumer Act 2010(Cth)).
- You agree that:
- No information owned by Aussie Mart, including system operations, documents, marketing strategies, staff information and client information, may be disclosed or made available to any third parties; and
- All communications involving the details of other users on this Platform and of the Seller are confidential, and must be kept as such by you and must not be distributed nor disclosed to any third party.
Aussie Mart reserves the right to terminate a User's access to any or all of the Platform (including any Account, Listings and other memberships) at any time without notice, for any reason.
- In the event that a User's Account, access or membership is terminated:
- The User's access to all posting tools on the Platform will be revoked;
- The User will be unable to view the details of all other Users (including contact details, geographic details, any other personal details and service listings or requests); and
- The User may be unable to view the details of all Sellers (including contact details, geographic details and any other details), and all Listings previously posted by the respective User will also be removed from the Platform.
Users may terminate their Account or membership on the Platform at any time by using the Platform's functionality where such functionality is available. Where such functionality is not available, Aussie Mart will effect such termination within a reasonable time after receiving written notice from the User.
Notwithstanding termination or expiry of your Account or membership or this agreement, the provisions of : All Users and any other provision which by its nature would reasonably be expected to be complied with after termination or expiry, will continue to apply.
You are responsible for the collection and remission of all taxes associated with the services you provide or receive or any transactions through your use of the Platform, and Aussie Mart will not be held accountable in relation to any transactions between Customers and Sellers where tax related misconduct has occurred.
RECORD / AUDIT
To the extent permitted by law, Aussie Mart reserves the right to keep all records of any and all transactions and communications made through this Platform between you and other Users (including conversations, user posts, job request bids, comments, feedback, cookies, and I.P. address information) for administration purposes and also holds the right to produce these records in the event of any legal dispute involving Aussie Mart.
- A notice or other communication to a party under this agreement must be:
- In writing and in English; and
- Delivered via email to the other party, to the email address specified in this agreement, or if no email address is specified in this agreement, then the email address most regularly used by the parties to correspond for the purposes of the subject matter of this agreement as at the date of this agreement (Email Address). The parties may update their Email Address by notice to the other party.
Unless the party sending the notice knows or reasonably ought to suspect that an email was not delivered to the other party's Email Address, notice will be taken to be given 24 hours after the email was sent; or when replied to by the other party, whichever is earlier.
This agreement is governed by the law applying in New South Wales, Australia. Each party irrevocably submits to the exclusive jurisdiction of the courts of New South Wales, Australia and courts of appeal from them in respect of any proceedings arising out of or in connection with this agreement. Each party irrevocably waives any objection to the venue of any legal process on the basis that the process has been brought in an inconvenient forum.
No party to this agreement may rely on the words or conduct of any other party as a waiver of any right unless the waiver is in writing and signed by the party granting the waiver.
Any term of this agreement which is wholly or partially void or unenforceable is severed to the extent that it is void or unenforceable. The validity and enforceability of the remainder of this agreement is not limited or otherwise affected.
JOINT AND SEVERAL LIABILITY
An obligation or a liability assumed by, or a right conferred on, two or more persons binds or benefits them jointly and severally.
A party cannot assign, novate or otherwise transfer any of its rights or obligations under this agreement without the prior written consent of the other party.
Except as otherwise provided in this agreement, each party must pay its own costs and expenses in connection with negotiating, preparing, executing and performing this agreement.
This agreement embodies the entire agreement between the parties and supersedes any prior negotiation, conduct, arrangement, understanding or agreement, express or implied, in relation to the subject matter of this agreement.
(singular and plural) words in the singular includes the plural (and vice versa);
(gender) words indicating a gender includes the corresponding words of any other gender;
(defined terms) if a word or phrase is given a defined meaning, any other part of speech or grammatical form of that word or phrase has a corresponding meaning;
(person) a reference to "person" or "you" includes an individual, the estate of an individual, a corporation, an authority, an association, consortium or joint venture (whether incorporated or unincorporated), a partnership, a trust and any other entity;
(party) a reference to a party includes that party's executors, administrators, successors and permitted assigns, including persons taking by way of novation and, in the case of a trustee, includes any substituted or additional trustee;
(this agreement) a reference to a party, clause, paragraph, schedule, exhibit, attachment or annexure is a reference to a party, clause, paragraph, schedule, exhibit, attachment or annexure to or of this agreement, and a reference to this agreement includes all schedules, exhibits, attachments and annexures to it;
(document) a reference to a document (including this agreement) is to that document as varied, novated, ratified or replaced from time to time;
(headings) headings and words in bold type are for convenience only and do not affect interpretation;
(includes) the word "includes" and similar words in any form is not a word of limitation; and
(adverse interpretation) no provision of this agreement will be interpreted adversely to a party because that party was responsible for the preparation of this agreement or that provision.
- (Registration) For a Seller to create an Account, the Seller must:
- Have an Australian Business Number (ABN); and
- Hold an Australian Made Campaign Licence.
We may request your ABN and your Australian Made Campaign Licence number on Account creation and may use a Verification Service to verify the details you provided.
(Customer Eligibility) You must verify that any Customer is over 18 years old or has their parent or guardian's consent to use the Platform.
Goods and pricing
- You agree and warrant that:
- The Goods set out in a Listing must be at least 60% Australian made and you will promptly present us with evidence of this being the case, upon request;
- You must not charge the Customer a higher amount for the Goods than the price at which you sell the Goods on your website or otherwise to retail clients;
- You are responsible for ensuring that the Goods comply with all applicable laws and regulations, including the Competition and Consumer Act 2010 (Cth);
- Yor each Listing you submit on the Platform, if a Customer agrees to purchase Goods set out in that Listing, Aussie Mart will collect a Service Fee (defined in with clause FEES below);
- You will not try to claim the Service Fee, or any other additional amount, from the Customer for the Goods;
- You will only charge each Customer the amount you have quoted as being payable by a Customer in the relevant Listing for the Good(s) described in that Listing (GST inclusive) (Quoted Amount), minus the Service Fee (Remaining Balance); and
- You may charge for delivery of Goods to the Customer as part of a Listing, such amount to form part of the Quoted Amount, however the amount charged for delivery must be reasonable.
LISTINGS and disputes
- You acknowledge and agree that:
- You must use your best endeavours to provide as much information as possible in any listing you upload to offer to provide Goods via the Platform (Listing);
- Aussie Mart may choose not to accept any Listing you submit to the Platform, and Aussie Mart may limit the number of Listings you can submit on the Platform;
- You must take all reasonable steps to provide the Goods as described in every Listing that is accepted by a Customer, including by not cancelling any part of an accepted Listing;
- You must deal with any dispute with a Customer in accordance with clause DISPUTES BETWEEN USERS of : All Users;
- Aussie Mart reserves the right to allocate the Remaining Balance between a Customer and a Seller in accordance with:
- Any other agreement between that Customer and Seller, as notified to Aussie Mart; or
- Aussie Mart’s right to disperse funds as it sees fit in circumstances of a dispute (clause DISPUTES BETWEEN USERS of : All Users);
- Any additional terms and conditions relating to a Listing or quote provided via the Platform are solely between you and the Customer and do not involve Aussie Mart in any way, except that they must not be inconsistent with either party’s obligations under this agreement; and
- Aussie Mart will have no responsibility for the accuracy, reliability or timeliness of the content provided by a Customer responding to a Listing, and you must take steps to independently verify the accuracy and reliability of such content.
- Viewing the Platform and posting a Listing is free.
- Once a Customer accepts a Listing on the Platform, the Customer will be prompted to pay the Quoted Amount via the Payment Partner.
- After the Payment Partner receives the Quoted Amount from the Customer, we will ensure that the Payment Partner transfers the Remaining Balance to you within a reasonable time.
- The Payment Partner may hold the Remaining Balance for a reasonable period after receiving it from a Customer. For the purposes of this clause, you understand and agree that 14 days is a reasonable period. Aussie Mart reserves the right to have the Payment Partner hold the Remaining Balance and disperse this amount, along with other amounts, to the Seller in a bulk monthly payment.
- The service fee will be the percentage of the Quoted Amount specified on the Platform from time to time, plus any fee payable for the transaction to the Payment Partner (Service Fee).
- Sellers may request the Remaining Balance be paid to them earlier, by providing evidence that the relevant Good has been dispatched to the relevant Customer. We may approve such requests, at our absolute discretion, and we may require Sellers to pay additional fees in consideration for such approval.
- Aussie Mart reserves the right to change or waive the Service Fee at any time by updating this agreement on the Platform.
LISTING ON AUSTRALIA’S PAGE
On your creation of an Account, you agree to your business details being automatically uploaded to Australia’s Page online business directory. You agree to be bound by Australia’s Page’s terms and conditions, which are accessible at https://australiaspage.com.au/.
REFUNDS & CANCELLATIONS
Without limiting or otherwise affecting the terms of this agreement, if you wish to cancel a Listing before you have fulfilled the requirements of the Listing that a Customer has agreed to, you must contact us using the Platform's functionality, including providing details as to why you are cancelling. If Aussie Mart decides to investigate your request, you must provide assistance and information to Aussie Mart as reasonably requested.
You must ensure that your cancellation policy and refund policy, in relation to your Listings, are in compliance with all applicable laws.
- Without limiting clause The Service Fee is by default non-refundable. However, Aussie Mart may, in its absolute discretion, issue refunds of the Service Fee in certain circumstances.below, if we accept your request to cancel a Listing already accepted by a Customer, we may take one or more of the following actions:
- Cancel your Account or membership with Aussie Mart;
- Refund the Quoted Amount to the relevant Customer; or
- Require that you pay all or part of the amount refunded to the Customer and issue you an invoice for that amount.
The Service Fee is by default non-refundable. However, Aussie Mart may, in its absolute discretion, issue refunds of the Service Fee in certain circumstances.
You agree to honour and comply with the process set out in this clause REFUNDS & CANCELLATIONS in the event of a pricing error on the Platform.
You agree that while you are a Seller on the Platform, you will not outside of the Platform, either directly or indirectly, solicit or attempt to solicit any business, work, income or other benefit, from any Customer whom you came to know about, or with whom you provided goods or services to directly or indirectly, by using the Platform.
Aussie Mart may, in its absolute discretion, cancel your Account and suspend you from using the Platform if it finds or suspects that you have breached or are in breach of this clause BYPASSING.
You agree that when a Customer accepts a Listing, this constitutes a binding contract between you and that Customer, where you will provide the Customer with the Goods in the Listing they accepted in exchange for your receipt of the Remaining Balance. A contract is formed in this respect when the Customer responds to the Listing on the Platform confirming that they accept the Seller’s offer.
By listing yourself as a Seller on the Platform and posting a Listing, you represent and warrant that:
- You are able to provide the Goods as specified in the Listing; and
- You will provide the relevant Goods to Customers in compliance with all applicable laws.
LISTINGS AND FEES
- You acknowledge and agree that:
- If you accept a Listing, that will constitute your entry into a contract with the Seller;
- For each Listing you respond to, you must pay the Quoted Amount, which will be debited from your Account and Aussie Mart will keep a Service Fee which will be a percentage of the Quoted Amount; and
- Any terms and conditions relating to Goods or a quote provided via the Platform are solely between you and the Seller and do not involve Aussie Mart in any way, except that they must not be inconsistent with either party’s obligations under this agreement.
(Payment obligations) Unless otherwise agreed in writing with the Seller you must pay for all Goods specified in a Listing prior to the Seller providing those Goods.
(Card surcharges) Aussie Mart reserves the right to charge credit card surcharges in the event that payments are made using a credit, debit or charge card (including Visa, MasterCard, American Express or Diners Club).
(Release) You agree to release Aussie Mart and its employees and agents in respect of all liability for loss, damage or injury which may be suffered by any person arising from any act or omission of the Payment Partner, including any issue with security or performance of the Payment Partner or any error or mistake in processing your payment.
(Pricing errors) In the event that we discover an error or inaccuracy in any price at which your order was purchased via the Platform, we will attempt to contact you and inform you of this as soon as possible. Subject to your agreement with the Seller, you will then have the option of purchasing the relevant Goods at the correct price, or cancelling your order. If you choose to cancel your order and payment has already been debited, the full amount will be credited back to your original method of payment.
Aussie Mart will have no liability or obligation to you if a Seller cancels a Listing at any time after you have accepted it and you will not be entitled to any compensation from Aussie Mart, including any portion of the Service Fee.
If you wish to cancel a Good before the Seller has fulfilled the requirements specified in the relevant Listing, you must contact the Seller. If Aussie Mart decides to investigate your cancellation, you must provide assistance and information to Aussie Mart as reasonably requested.
If you cancel a Listing, whether the Remaining Balance paid to the Seller is refundable to you in respect of that Listing will depend on the cancellation policy and refund policy of the Seller.
The Service Fee is by default non-refundable. However, Aussie Mart may, in its absolute discretion, issue refunds of the Service Fee in certain circumstances.
- The Platform provides links and introductions to Sellers owned and operated by third parties that are not under the control of Aussie Mart;
- The provision by Aussie Mart of introductions to Sellers does not imply any endorsement or recommendation by Aussie Mart of any Seller;
- Aussie Mart does not examine, determine or warrant the certification and/or licensing, competence, solvency or information of any Seller who uses or is listed on the Platform; and
- Any terms and conditions relating to a good or service, Listing or quote provided via the Platform constitute a contract between you and the Seller and do not involve Aussie Mart in any way.
COMMUNICATION OUTSIDE THE PLATFORM
You must not communicate with a Seller, or request or entice a Seller to communicate with you, outside the Platform (except in the course of accepting the Seller's goods).
Aussie Mart, in its absolute discretion, may cancel your Account and suspend you from using the Platform if it finds or suspects that you have breached or are in breach of this clause COMMUNICATION OUTSIDE THE PLATFORM.