Terms and Conditions applicable to a buyer of Products using Tootta/www.tootta.com.au

These terms and conditions are the contract between you and Tootta (“us”, “we”, etc). By visiting or using Our Website, you agree to be bound by them. Our suppliers may also impose additional terms and conditions to which your contract with them will be subject.

Tootta is a trade name of Chalmers Direct PTY LTD, 608298111 Australian Company Number incorporated in the Commonwealth of Australia, whose registered office / address is at 1461 Atholwood Road Bonshaw NSW 2361

Under 18 years? Sorry, but we deal only with people who are legally able to enter into a binding contract. Please ask someone over 18 to buy a Product on your behalf.

If you use Our Website, you do so in accordance with these terms. If you are unable to accept these terms, your only remedy is to leave Our Website and stop using the Services.

  1. Definitions

    “Content” means the textual, visual or aural content that is encountered as part of your experience on Our Website. It may include, among other things: text, images, sounds, videos and animations. It includes content Posted by you.

    “Our Website” means any website of ours, and includes all web pages controlled by us.

    “Post” means upload or place on or into Our Website any Content or material of any sort by any means.

    “Product” means any item offered for sale on Our Website, whether physical goods or downloads.

    “Seller” means a person who offers a Product for sale on Our Website.

    “Service” means any service we provide through Our Website, whether free or charged.

  2. Our contract
    1. Tootter is neither a buyer nor seller of Products offered for sale in any form. Tootter is never either a principal or agent in a buying transaction.
    2. Tootter is a marketplace. We are agents of a Seller only to the extent of use of Our Website as a platform for sale of his Products and for collection and forwarding of your money.
    3. We are not responsible to you further than to take your money and pass it to the Seller.
    4. We welcome any comment or complaint about a Seller, which you make through Our Website. We may act upon a complaint in our discretion, for the benefit of the body of Tootter members.
    5. We are not responsible for delivery of any Product you order or for the returns and repayment procedure should you decide to return a Product for any reason.
    6. These terms and conditions regulate the business relationship between you and us. By using Our Website free of charge, you agree to be bound by them.
    7. We provide a market place for the supply of Products. We are in no way responsible for:
      1. your locating and ordering a Product;
      2. your choice of a Product;
      3. any aspect of the provision of the Product;
      4. refund payment for any Product;
      5. any complaint about any Product.
    8. In any dispute with a Seller, you should deal only with the Seller. We have neither legal obligation nor detailed information about the Product.
    9. We may change this agreement in any way at any time. The version applicable to your contract is the version which was Posted on Our Website at the time that the contract was made.
  3. Your account and personal information
    1. When you visit Our Website, you accept responsibility for any action done by any person in your name or under your account or password. You should take all necessary steps to ensure that the password is kept confidential and secure and should inform us immediately if you have any reason to believe that your password has become known to anyone else, or if the password is being, or is likely to be, used in an unauthorized manner.
    2. You agree that you have provided accurate, up to date, and complete information about yourself. We are not responsible for any error made as a result of such information being inaccurate.
    3. You agree to notify us of any changes in your information immediately it occurs. If you do not do so, we may terminate your account.
  4. The buying procedure

    Tootter is not responsible for the fulfillment of your contract to buy a Product.

    1. Prices listed on Our Website by Sellers are inclusive of any applicable sales tax.
    2. Unless it is clear to the contrary, you may assume that every sale is made by the Seller in the course of his business.
    3. Products may be offered for sale subject to any discount or promotion arranged between Tootter and the Seller.
    4. Subject to discounts and promotions, Products are offered for sale at a fixed price. GST may be due and will be either included in the price or shown separately. If not shown, it will not be charged.
    5. All Products will be subject to a delivery charge which will be shown at the pay point. The delivery charge will be fixed by the Seller for each Product offered for sale. It may be changed at the discretion of the Seller. Once you have bought an item, the delivery charge offered to you cannot be increased.
    6. Neither we nor the Seller can be responsible for action by any governmental authority. We do not know and are not responsible for duties, taxes, delays or impounding of any item.
    7. You are required to pay in the currency in which the Product is listed for sale on Our Website.
    8. Every sale will be subject to the laws applicable but there shall not be implied any right which is neither a legal right nor set down in these terms and conditions.
    9. For security purposes (yours and ours) we will not permit more than a maximum number of transactions with you in a given period of time.
    10. To make future use of Our Website easier and faster for you, we will retain the personal and delivery information you give to us. We will not retain information relating to your payment or credit card. This financial information never comes into our control. The information is given into a page which is, in reality, a page of our payment service provider. For detailed about disclosure of personal information please see our privacy notice.
  5. Security of your credit card

    We take care to make Our Website safe for you to use.

    1. Card payments are not processed through pages controlled by us. We use one or more online payment service providers who will encrypt your card or bank account details in a secure environment.
    2. If you have asked us to remember your credit card details in readiness for your next purchase or subscription, we will securely store your payment details on our systems. These details will be fully encrypted and only used to process your automatic monthly payments or other transactions which you have initiated.
  6. The Tootta guarantee
    1. To give you the utmost confidence in the Tootta buying experience, we make the following guarantee:
      1. If the Seller fails to supply a Product to you for which you have paid, or supplies a Product which is substantially different from what you ordered, we ourselves will refund the cost to you.
    2. This guarantee is subject to the following conditions:
    3. You must first follow the returns and refunds procedure set out on Our Website:
      1. the maximum payment is $ 250. We will make the payment to you between 30 and 60 days from the date we receive your claim form, as provided on Our Website;
      2. the claim form must be completed truthfully and accurately;
      3. you must provide a street address to us
      4. you are limited to a lifetime maximum of five claims and a maximum of one item in two years;
      5. you must not have requested a chargeback from your credit card company.
    4. The guarantee set out in this paragraph is non-contractual. We shall operate it at our entire discretion.
  7. Products returned

    These provisions apply in the event that you return any Product to the Seller for any reason:

    1. The Seller does not accept returns unless there was a defect in the Product at the time of purchase, or the Seller has agreed in correspondence that you may return it.
    2. Before you return a Product to the Seller, please carefully re-read the instructions and check that you have assembled it correctly and complied with any provisions relating to the power supply, plugs, and sockets.
    3. The Products must be returned to the Seller as soon as any defect is discovered but not later than 15 days
    4. So far as possible, a Product should be returned:
      1. with both Product and all packaging as far as possible in their original condition;
      2. securely wrapped;
      3. including the Seller’s delivery slip;
      4. at your risk and cost.
    5. We advise you to follow the returns procedure set out on your Seller’s website or otherwise in his terms and conditions if any. If you do not do so, the Seller may be unable to identify you as the sender of the Products.
    6. If the Seller agrees that the item is faulty, the Seller will:
      1. refund the cost of return carriage;
      2. repair or replace the item as he chooses.
  8. How we handle your Content
    1. Our privacy policy is strong and precise. It complies fully with current law.
    2. If you Post Content to any public area of Our Website it becomes available in the public domain. We have no control who sees it or what anyone does with it.
    3. Even if access to your text is behind a user registration it remains effective in the public domain because someone has only to register and log in, to access it. You should, therefore, avoid Posting unnecessary confidential information.
    4. We need the freedom to be able to publicize our Services and your own use of them. You therefore now irrevocably grant us the right and license to edit, copy, publish, distribute, translate and otherwise use any Content that you place on Our Website, in public domains, and in any medium. You represent and warrant that you are authorized to grant all such rights.
    5. We will use that license only for commercial purposes of the business of Our Website and will stop using it after a commercially reasonable period of time.
    6. You agree to waive of your right to be identified as the author and your right to object to derogatory treatment of your work as provided in the Copyright Act 1968.
    7. You now irrevocably authorize us to publish feedback, comments, and ratings about your activity through Our Website, even though it may be defamatory or critical.
    8. Posting content of any sort does not change your ownership of the copyright in it. We have no claim over it and we will not protect your rights for you.
    9. You understand that you are personally responsible for your breach of someone else’s intellectual property rights, defamation, or any law, which may occur as a result of any Content having been Posted by you.
    10. You accept all risk and responsibility for determining whether any Content is in the public domain and not confidential.
    11. Please notify us of any security breach or unauthorized use of your account.
    12. We do not solicit ideas or text for improvement of our Service, but if you do send to us material of any sort, you are deemed to have granted us a license to use it in the terms set out at subparagraph five above.
  9. Restrictions on what you may Post to Our Website

    We invite you to Post Content to Our Website in several ways and for different purposes. We have to regulate your use of Our Website to protect our business and our staff, to protect other users of Our Website and to comply with the law. These provisions apply to all users of Our Website.

    We do not undertake to moderate or check every item Posted, but we do protect our business vigorously. If we believe Content Posted breaches the law, we shall co-operate fully with the law enforcement authorities in whatever ways we can.

    You agree that you will not use or allow anyone else to use Our Website to Post Content or undertake any activity which is or may:

    1. be unlawful, or tend to incite another person to commit a crime;
    2. consist of commercial audio, video or music files;
    3. be obscene, offensive, threatening, violent, malicious or defamatory;
    4. be sexually explicit or pornographic;
    5. be likely to deceive any person or be used to impersonate any person, or to misrepresent your identity, age or affiliation with any person;
    6. use a Posting to solicit responses unconnected with the purpose of Our Website or the terms proposed by this agreement;
    7. request or collect passwords or other personal information from another user without his permission, nor Post any unnecessary personal information about yourself;
    8. be used to sell any goods or services or for any other commercial use not intended by us, for yourself or for any other person. Examples are: sending private messages with a commercial purpose, or collecting information with the intention of passing it to a third party for his commercial use;
    9. include anything other than words (i.e. you will not include any symbols or photographs) except for a photograph of yourself in your profile in such place as we designate;
    10. facilitate the provision of unauthorized copies of another person’s copyright work;
    11. link to any of the material specified in this paragraph;
    12. use distribution lists that include people who have not given specific permission to be included in such distribution process;
    13. send age-inappropriate communications or Content to anyone under the age of 18.
  10. Your Posting: restricted content

    In connection with the restrictions set out below, we may refuse or edit or remove a Posting which does not comply with these terms.

    In addition to the restrictions set out above, a Posting must not contain:

    1. hyperlinks, other than those specifically authorized by us;
    2. keywords or words repeated, which are irrelevant to the Content Posted.
    3. the name, logo or trademark of any organization other than yours.
    4. inaccurate, false, or misleading information.
  11. Removal of offensive Content
    1. For the avoidance of doubt, this paragraph is addressed to any person who comes on Our Website for any purpose.
    2. We are under no obligation to monitor or record the activity of any user of Our Website for any purpose, nor do we assume any responsibility to monitor or police Internet-related activities. However, we may do so without notice to you and without giving you a reason.
    3. If you are offended by any Content, the following procedure applies:
      1. your claim or complaint must be submitted to us in the form available on Our Website, or contain the same information as that requested in our form. It must be sent to us by post or email.
      2. we shall remove the offending Content as soon as we are reasonably able.
      3. after we receive notice of a claim or complaint, we shall investigate so far as we alone decide.
      4. we may re-instate the Content about which you have complained or we may not.
    4. In respect of any complaint made by you or any person on your behalf, whether using our form of complaint or not, you now irrevocably grant to us a license to publish the complaint and all ensuing correspondence and communication, without limit.
    5. You now agree that if any complaint is made by you frivolously or vexatiously you will repay us the cost of our investigation including legal fees if any.
  12. Security of Our Website

    If you violate Our Website we shall take legal action against you.

    You now agree that you will not, and will not allow any other person to:

    1. modify, copy, or cause damage or unintended effect to any portion of Our Website, or any software used within it.
    2. link to Our Website in any way that would cause the appearance or presentation of the site to be different from what would be seen by a user who accessed the site by typing the URL into a standard browser;
    3. download any part of Our Website, without our express written consent;
    4. collect or use any product listings, descriptions, or prices;
    5. collect or use any information obtained from or about Our Website or the Content except as intended by this agreement;
    6. aggregate, copy or duplicate in any manner any of the Content or information available from Our Website, other than as permitted by this agreement or as is reasonably necessary for your use of the Services;
    7. share with a third party any login credentials to Our Website.
  13. Copyright and other intellectual property rights
    1. All Content on Our Website, for example, page text, graphics, logos, images, audio clips, digital downloads, data compilations, and software, is the property of either us or our affiliates or suppliers of Products for sale. It is all protected by international copyright laws.
    2. You may not copy, or in any way exploit any of the Content, except as is expressly permitted in this agreement or with our written consent. For the sake of good order, you should note that copyright exists in compilations and graphic images, shapes, and styles, as well as in raw text.
  14. Interruption to the Tootta Service
    1. We give no warranty that the Tootta Service will be satisfactory to you.
    2. We will do all we can to maintain access to Our Website, but it may be necessary for us to suspend all or part of Tootta Service for repairs, maintenance or other reason. We may do so without telling you first.
    3. You acknowledge that our Service may also be interrupted for reasons beyond our control.
    4. You agree that we are not liable to you for any loss whether foreseeable or not, arising as a result of interruption to our Service.
  15. Our disclaimers
    1. Our Website contains links to other Internet websites. We have neither power nor control over any such website. You acknowledge and agree that we shall not be 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.
    2. We are not liable in any circumstances for special, indirect, consequential damages or any damages whatsoever resulting from loss of use, loss of data or loss of revenues or profits, whether in an action of contract, negligence or otherwise, arising out of or in connection with your use of Our Website.
    3. The Tootta Website and Tootta Services are provided “as is”. We make no representation or warranty of any kind, express or implied, including, without limitation, any warranty that either of them will be:
      1. of satisfactory quality;
      2. fit for a particular purpose;
      3. available or accessible, without interruption, or without error.
    4. So far as concerns a Product you buy through Our Website, we are not liable for:
    5. any product or service complying with the requirement of any law or being available;
    6. the Seller performing his contract.
    7. You now expressly release us from any and all claims and liability known and unknown, arising in any way from a dispute between you and a Seller.
  16. Indemnity

    You agree to indemnify us against any loss, damage or liability, suffered by us at any time and arising out of:

    1. any act, neglect or default of yours in connection with this agreement or your use of the Services;
    2. your breach of this agreement;
    3. your failure to comply with any law;
    4. a contractual claim arising from your use of the Services and purchase of a Product.
  17. Miscellaneous matters
    1. If any term or provision of this agreement is at any time held by any jurisdiction to be void, invalid or unenforceable, then it shall be treated as changed or reduced, only 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.
    2. For the purposes of the Privacy Act 1988 as amended you consent to the processing of your personal data (in manual, electronic or any other form) relevant to this agreement, by us [and/or any agent or a third party nominated by us] [and bound by a duty of confidentiality]. Processing includes but is not limited to obtaining, recording, using and holding data and includes the transfer of data to any country in any part of the World.
    3. If you are in breach of any term of this agreement, we may:
      1. publish all text and Content relating to the claimed breach, including your name and email address and all correspondence between us and our respective advisers; and you now irrevocably give your consent to such publication.
      2. terminate your account and refuse access to Our Website;
      3. remove or edit Content, or cancel any order at our discretion;
      4. issue a claim in any court.
    4. Any obligation in this agreement intended to continue to have effect after termination or completion shall so continue.
    5. No failure or delay by any party to exercise any right, power or remedy will operate as a waiver of it nor indicate any intention to reduce that or any other right in the future.
    6. When you visit Our Website or send messages to us by email, you are communicating with us electronically. We communicate with you by e-mail or by posting notices on Our Website. You agree that all our electronic communications satisfy any legal requirement that such communications be in writing.
    7. Any communication to be served on either of us by the other shall be delivered by hand or sent by first class post or recorded delivery or by e-mail.
    8. It shall be deemed to have been delivered:
    9. if delivered by hand: on the day of delivery;
    10. if sent by post to the correct address: within 72 hours of posting;
    11. If sent by e-mail to the address from which the receiving party has last sent an e-mail: within 24 hours if no notice of non-receipt has been received by the sender. [Take care before agreeing to accept service by e-mail. It may be convenient, but you could miss or accidentally delete the message]
    12. In the event of a dispute between us, then, if we so ask, you undertake to attempt to settle the dispute by engaging in good faith with us in a process of mediation before commencing arbitration or litigation.
    13. This agreement does not give any right to any third party.
    14. We shall not be liable for any failure or delay in our performance of this agreement which is caused by circumstances beyond our reasonable control, [including any labour dispute].
    15. In the event of any conflict between any term of this agreement and the provisions of the constitution of a limited company or any comparable document intended to regulate any other corporate or collective body, then the terms of this agreement shall prevail.
    16. 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.
    17. The validity, construction, and performance of this agreement shall be governed by the laws of the State of New South Wales.

Terms and Conditions applicable to a seller of goods using Tootta / www.tootta.com.au

These terms and conditions are the contracts between you and Tootta (“us”, “we”, etc). By visiting or using Our Website, you agree to be bound by them.

Tootta is a trade name of Chalmers Direct PTY LTD, Australian Company Number 608298111 incorporated in the Commonwealth of Australia, whose registered office/address is at 1461 Atholwood Road Bonshaw NSW 2361

  1. Definitions

    “Content” means the textual, visual or audio content that is encountered as part of your experience on Our Website. It may include, among other things: text, images, sounds, videos, and animations. It includes content such as advertising material, and all other product or service related material Posted by you.

    “Our Website” means any website of ours, and includes all web pages controlled by us.

    “Post” means the place on or into Our Website any Content or material of any sort by any means.

    “Product” means any item offered for sale by you on Our Website, whether physical goods or downloads.

    “Service” means all of the services available from Our Website, whether free or charged.

  2. Our contract
    1. The relationship between us is solely that:
      1. in consideration of a fee charged by us, we provide for you an Internet market place as an arm’s length contractor.
      2. we act as your agent solely in the collection of money paid by your buyer.
      3. we are not partners or joint venturers.
    2. If you place a Product for sale on Our Website, you do so subject to these terms.
    3. When you place a Product on Our Website, you will be bound to provide all the information required by the Competition and Consumer Act 2010.
    4. Although we are not a party to your contract with a buyer introduced to you via Our Website, we shall remove your Products from offer if a customer or site visitor has a valid complaint against you.
    5. We may change this agreement in any way at any time. The version applicable to your contract is the version which was Posted on Our Website at the time that the contract was made.
    6. Subject to this agreement and to the procedures set out on Our Website, you may enter a Product for sale through Our Website.
  3. Your Product placement

    You agree that you will:

    1. not place any Product for sale which is not of merchantable quality or which requires for its setup or use a level of technical expertise which is not fully explained to a customer before purchase.
    2. immediately to remove from sale on Our Website any Product which for any reason, you are unable to supply.
    3. not replace any Product we remove from offer for sale.
  4. Delivery
    1. Deliveries of hard copy and physical Products will be made from your premises, by post or by a carrier instructed by you subject to the contract between you and your customer.
    2. You will notify both the customer and Tootta by email on the date of sending, that the Product has been dispatched and of the expected delivery date.
    3. If at any time, any customer notifies you of non-delivery within the time scale offered by you on Our Website, you will investigate immediately and tell the customer that you are doing so, what you are doing, and when you expect to be able to deliver the Product.
    4. In the absence of information to the contrary, you agree to despatch a Product within three days of notification of order by us, by a method likely to reach the buyer within a further seven days.
    5. If it is apparent that a customer has not received a Product within ten days of the expected delivery date, you will refund money paid, including any delivery charge. This is a condition of your contract with us because our reputation, as well as yours, is at stake in those circumstances.
  5. Products returned

    You agree that you will at all times:

    1. reply promptly and in any event within 12 hours to any customer message or other correspondence;
    2. comply with the law relating to all aspects of the contract between you and your customer, relating, in particular, your obligations to provide full information and accept cancellation and returns. However, you may also offer more favorable terms to your customers as per your own returns and refunds policy set out on your website or otherwise in your terms and conditions.
    3. when you have an obligation to return money to a customer for any reason, you will do so immediately, as provided by the returns   refunds policy set out on Our Website;
    4. in the event that a Product ordered is not available, you will immediately tell your customer and refund any money paid;
    5. comply with the Tootta procedures relating to satisfaction of an order, Products returned and payment as set out on Our Website from time to time.
    6. please provide information to us in respect of any claim for non-delivery and any dispute as to payment, so as to enable us to identify the possibility of fraud.
  6. The selling procedure
    1. Tootta is not responsible for the fulfillment of your contract to sell a Product.
    2. You agree that a contract to sell a Product offered by you is a firm and binding contract as soon as your customer’s payment has been accepted by our payment service provider.
    3. Subject to discounts and promotions, Products are offered for sale at a fixed price. GST may be due and will be either included in the price or shown separately. If not shown, it will not be charged.
    4. All Products may be subject to a delivery charge which will be shown at the pay point. The delivery charge will be fixed by you for each item offered for sale. It may be changed at your discretion. Once you have sold a Product, the delivery charge offered by you at the time of purchase cannot be increased.
    5. Products will be offered for sale and sales made, subject to the terms and conditions applicable to buyers. You accept and endorse these terms and agree to comply in all respects with the corresponding obligations of a seller. You may view the buyer’s conditions on Our Website at any time.
    6. We shall send you a message by email at the time of each sale, providing full information about that sale.
    7. You agree to provide an adequate stock of any Product placed by you for sale through Our Website and to tell us, through your control panel, if at any time your supply is exhausted.
  7. Goods and services tax
    1. Fees and commissions specified on Our Website are exclusive of GST.
    2. If you are located in the Commonwealth of Australia, we will show and retain the amount of GST due to our charge for our services in addition to the amount of commission due to us.
    3. If you are located in the Commonwealth of Australia, and you provide a valid Australian GST registration number, we will not charge or deduct GST from sums due to you.
    4. Tootta has the right to demand additional information about your business so far as it may affect your GST registration, at any time, from you or from a governmental authority.
  8. Our commission and payment to you
    1. We sell your Product at the price you place on it, subject to these terms and also the requirements we set out on Our Website from time to time.
    2. Our fees and commissions are payable on demand. You irrevocably authorize us to deduct them from sums paid to us by your buyer.
    3. Our Website selling system is an automated system which can be followed by you through a “control panel”.
    4. The proportion of each sale receipt retained by us is as agreed by us in writing.
    5. OR
    6. The proportion of each sale receipt retained by us is as set out elsewhere on Our Website.
    7. Where our commission is based on a percentage of the sale price, you may not artificially inflate the delivery charge and reduce the price of the Product in order to reduce our commission. If we believe that you do so, we may immediately cease to deal with you.
    8. We will pay you within 7 days of confirmed despatch of the order.
    9. If you have a bank account located in Commonwealth of Australia, we will transfer money via the Internet, in full. Or via pay pal.
    10. If you do not have an account in Commonwealth of Australia, we will transfer money in any sum at your request and at your cost. We will pay for the transfer if the sum due is over the limit specified from time to time on Our Website pages.
    11. We will send you an invoice for our charges.
    12. If we do or could earn interest on any cash balance in our control for the period between payment by a customer and our accounting to you, we are free to keep that interest and have no obligation to account for it to you.
    13. If an action by a buyer results in a chargeback to our account, you agree that we may deduct the sum charged back together with any fee paid to our service provider and bank, from any sum due to you, at or after that time.
    14. If you or we accept any cancellation and consequently refund money to a customer, we are not obliged to repay commission to you.
    15. If in our discretion we believe that your performance as a seller results in a significant number of charges back and/or buyer disputes or if we believe you are in breach of this agreement, we are free to hold back payments to you until we are satisfied that disputes have been settled and/or breach rectified.
  9. Advertising your Product

    If you accept our offer to advertise the market or promote your product, the following conditions apply.

    1. We may use the services of a specialist Internet marketing business associated with Tootta.
    2. Without the prior consent of the other; neither we nor you will contract with any other person or company for specialist services. Here your obligation is limited to the extent of the price charged and due to us.
    3. The price charged to you will include all payments we make to others.
    4. The cost of work ordered by you is payable in full, in advance. If you so request us, by indication on Our Website, we will deduct the cost from your account.
    5. We give no guarantee as to the success of any advertising placed.
    6. We shall receive no secret commission on advertising services. But note that the service supplier is associated with us.
  10. Your Product warranties
    1. You warrant that any Product you place on Our Website for sale:
      1. is not: illegal, obscene, abusive, threatening, defamatory, invasive of privacy, infringing of intellectual property rights, or otherwise injurious to any third party;
      2. does not offend against the law of any country whose citizens might purchase it;
      3. is not intended primarily to advertise any business, except your business.
    2. You warrant that you own the copyright of any Content you place on Our Website for sale, or that you have the permission of the copyright owner:
      1. to enter or upload that Content;
      2. to receive the net proceeds of such sales as arise.
  11. How we handle your Content
    1. If you Post Content to any public area of Our Website it becomes available in the public domain. We have no control who sees it or what anyone does with it.
    2. You now irrevocably authorize us to publish feedback, comments, and ratings about your Products, services and activity through Our Website, even though it may be defamatory or critical.
    3. We will use that license only for commercial purposes of the business of Our Website and will stop using it after a commercially reasonable period of time.
    4. Posting content of any sort does not change your ownership of the copyright in it. We have no claim over it and we will not protect your rights for you.
    5. You understand that you are personally responsible for your breach of someone else’s intellectual property rights, defamation, or any law, which may occur as a result of any Content having been Posted by you;
    6. You accept all risk and responsibility for determining whether any Content is in the public domain and not confidential.
    7. Please notify us of any security breach or unauthorized use of your account.
  12. Restrictions on what you may Post to Our Website

    We invite you to Post Content to Our Website for marketing your products and services and in other ways. We have to regulate your use of Our Website to protect our business and our staff, to protect other users of Our Website and to comply with the law.

    We do not undertake to moderate or check any item Posted.

    You agree that you will not use or allow anyone else to use Our Website to Post Content or undertake any activity which is or may:

    1. be unlawful, or tend to incite another person to commit a crime;
    2. be obscene, offensive, threatening, violent, malicious or defamatory;
    3. be sexually explicit or pornographic;
    4. be likely to deceive any person or be used to impersonate any person, or to misrepresent your identity, age or affiliation with any person;
    5. use a Posting to solicit responses unconnected with the purpose of Our Website or the terms proposed by this agreement.
  13. Your Posting: restricted content

    In connection with the restrictions set out below, we may refuse or edit or remove a Posting which does not comply with these terms.

    In addition to the restrictions set out above, a Posting must not contain:

    1. hyperlinks, other than those specifically authorized by us, as explained on Our Website.
    2. keywords or words repeated, which are irrelevant to the Content Posted.
    3. the name, logo or trademark of any organization other than yours.
    4. inaccurate, false, or misleading information.
  14. Security of Our Website

    If you violate Our Website we shall take legal action against you.

    You now agree that you will not, and will not allow any other person to:

    1. modify, copy, or cause damage or unintended effect to any portion of Our Website, or any software used within it.
    2. link to our site in any way that would cause the appearance or presentation of the site to be different from what would be seen by a user who accessed the site by typing the URL into a standard browser;
    3. download any part of Our Website, without our express written consent;
    4. collect or use any product listings, descriptions, or prices;
    5. collect or use any information obtained from or about Our Website or the Content except as intended by this agreement;
    6. aggregate, copy or duplicate in any manner any of the Content or information available from Our Website, other than as permitted by this agreement or as is reasonably necessary for your use of the Services;
    7. share with a third party any login credentials to Our Website.
  15. Copyright and other intellectual property rights
    1. All content on Our Website is the property of either us or our affiliates or suppliers of products for sale. It is all protected by international copyright laws.
    2. You may not copy, modify, publish, transmit, create derivative works from, or in any way exploit any of the content, except as is expressly permitted in this agreement or with our written consent.
    3. For the sake of good order, you should note that copyright exists in compilations and graphic images, shapes, and styles, as well as in raw text.
  16. Interruption to the Service
    1. We give no warranty that the Service will be satisfactory to you.
    2. We will do all we can to maintain access to Our Website, but it may be necessary for us to suspend all or part of our Service for repairs, maintenance or other good reasons. We may do so without telling you first.
    3. You acknowledge that our Service may also be interrupted for reasons beyond our control.
    4. You agree that we are not liable to you for any loss whether foreseeable or not, arising as a result of interruption to our Service.
  17. Our disclaimers
    1. We are not responsible for any business loss (including loss of profits, revenue, contracts, anticipated savings, data, goodwill or wasted expenditure) or any other indirect or consequential loss whatever.
    2. We are not liable in any circumstances for damages resulting from loss of use, loss of data or loss of revenues or profits, whether in an action of contract, negligence or otherwise, arising out of or in connection with your use of Our Website.
    3. Our Website and Services are provided “as is”. As to Our Website and Services, we make no representation or warranty of any kind, express or implied, including, without limitations, warranties:
      1. as to the fitness of Our Website and Service for a particular purpose;
      2. as to availability and accessibility, without interruption, or without error;
      3. any obligation, liability, or remedy in tort whether or not arising from our negligence.
    4. You now expressly release us from any and all claims and liability known and unknown, arising in any way from a dispute between you and a buyer.
  18. Your indemnity to us

    You agree to indemnify us against all loss and expense, including legal fees and management time-related in any way to:

    1. a claim by any person in respect of any Product;
    2. protecting the reputation of our business by our making a payment to a customer of yours in circumstances where you have failed to make that repayment or otherwise comply with your contract with that customer.
    3. any cost to us arising from a decision by us to comply as your agent, with any obligation of yours, whether or not we have your permission, arising out of any regulation or law, including:
      1. the deletion or amendment of any text or other content you have placed on Our Website;
      2. any payment we make on an ex gratia basis, arising from a contract between you and a buyer;
    4. legal or other fees we incur in defending a claim or the imposition of a fine or penalty;
    5. our management time in dealing with any failure or alleged failure by you to comply with any relevant regulation or law.
  19. Miscellaneous matters
    1. You undertake to provide to us your current land address, e-mail address, telephone number as often as they are changed together with all information that we may require to enable us to fulfill our obligations under this contract.
    2. So far as any time, date or period is mentioned in this agreement, time shall be of the essence.
    3. If any term or provision of this agreement is at any time held by any jurisdiction to be void, invalid or unenforceable, then it shall be treated as changed or reduced, only 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.
    4. For the purposes of the Privacy Act, 1988 as amended you agree to the processing of your personal data (in manual, electronic or any other form) relevant to this agreement, by us and/or any agent or a third party nominated by us] [and bound by a duty of confidentiality. Processing includes but is not limited to obtaining, recording, using and holding data and includes the transfer of data to any country in any part of the World.
    5. If you are in breach of any term of this agreement, we may:
      1. publish all text and Content relating to the claimed breach, including your name and email address and all correspondence between us and our respective advisers; and you now irrevocably give your consent to such publication.
      2. terminate your account and refuse access to Our Website;
      3. remove or edit Content, or cancel any order at our discretion.
    6. Any obligation in this agreement intended to continue to have effect after termination or completion shall so continue.
    7. No failure or delay by any party to exercise any right, power or remedy will operate as a waiver of it nor indicate any intention to reduce that or any other right in the future.
    8. You agree that all our electronic communications satisfy any legal requirement that such communications be in writing.
    9. Any communication to be served on either of us by the other shall be delivered by hand or sent by first class post or recorded delivery or by e-mail.
    10. It shall be deemed to have been delivered:
    11. if delivered by hand: on the day of delivery;
    12. if sent by post to the correct address: within 72 hours of posting;
    13. If sent by e-mail to the address from which the receiving party has last sent an e-mail: within 24 hours if no notice of non-receipt has been received by the sender. [Take care before agreeing to accept service by e-mail. It may be convenient, but you could miss or accidentally delete the message]
    14. In the event of a dispute between us, then, if we so ask, you undertake to attempt to settle the dispute by engaging in good faith with us in a process of mediation before commencing arbitration or litigation.
    15. This agreement does not give any right to any third party.
    16. We shall not be liable for any failure or delay in our performance of this agreement which is caused by circumstances beyond our reasonable control, [including any labour dispute].
    17. In the event of any conflict between any term of this agreement and the provisions of the constitution of a limited company or any comparable document intended to regulate any other corporate or collective body, then the terms of this agreement shall prevail.
    18. 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.
    19. The validity, construction, and performance of this agreement shall be governed by the laws of the State of New South Wales
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