Buyers Terms
Terms and Conditions applicable to a buyer of Products using PBC Expo Shop.
These terms and conditions are the contract between you and PBC Expo Shop (“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. PBC Expo Shop is a trade name of AES PBC Online Store Pty Ltd (ABN: 90 637 797 070), whose registered office is at Ground Floor 5 – 7 King William Road, Unley, South Australia 5061.
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.
- 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.
- Our contract
2.1 We are agents of a Seller only to the extent of use of Our Website as a platform for sale of their Products.
2.2 We are primarily responsible to you to facilitate the purchase of product from the Seller. If a issue arises through either the purchase, refund or complaint of a product then PBC Expo Shop is responsible for all payments, chargebacks and processing of refunds for all transactions to take place on the platform.
2.3 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 PBC Expo Shop members.
2.4 We are responsible for delivery of any Product you order or for the returns of the product to the seller. We are responsible for the repayment procedure should you decide to return a Product if it is within the return policy outlined in Point 7 below
2.5 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.
2.6 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.
- Your account and personal information
3.1 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 unauthorised manner.
3.2 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.
3.3 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.
- The buying procedure
4.1 PBC Expo Shop is responsible for the fulfilment of your contract to buy a Product.
4.2 Prices listed on Our Website by Sellers are inclusive of any applicable sales tax.
4.3 Products may be offered for sale subject to any discount or promotion
4.4 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.
4.5 All Products will be subject to a delivery charge which will be shown at the pay point. The delivery charge will be fixed for each Product offered for sale. Once you have bought an item, the delivery charge offered to you cannot be increased.
4.6 You are required to pay in the currency in which the Product is listed for sale on Our Website.
4.7 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.
4.8 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.
4.9 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.
- Security of your payment
We take care to make Our Website safe for you to use.
5.1 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.
5.2 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.
- The PBC Expo Shop guarantee
6.1 To give you the utmost confidence in the PBC Expo Shop buying experience, we make the following guarantee:
6.1.1 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.
6.2 This guarantee is subject to the following conditions:
6.3 you must first follow the returns and refunds procedure set out on Our Website:
6.3.1 the maximum payment is $1000. 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;
6.3.2 the claim form must be completed truthfully and accurately;
6.3.3 you must provide a street address to us in Australia
6.3.4 you are limited to a lifetime maximum of five claims and a maximum of one item in two years;
6.3.5 you must not have requested a charge back from your credit card company.
- Products returned
These provisions apply in the event that you return any Product for any reason:
7.1 PBC Expo 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.
7.2 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.
7.3 The Products must be returned to the Seller as soon as any defect is discovered but not later than 10 working days
7.4 So far as possible, a Product should be returned:
7.4.1 with both Product and all packaging as far as possible in their original condition;
7.4.2 securely wrapped;
7.4.3 including the Seller’s delivery slip;
7.4.4 at your risk and cost.
7.5 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.
7.6 If the Seller agrees that the Product is faulty, the Seller will:
7.6.1 refund the cost of return carriage;
7.6.2 repair or replace the Product as he chooses.
- How we handle your Content
8.1 Our privacy policy is strong and precise. It complies fully with current privacy law.
8.2 If you Post Content to any public area of Our Website it becomes available in the public domain. We have no control over who sees it or what anyone does with it.
8.3 Even if access to your text is behind a user registration it remains effectively in the public domain because someone has only to register and log in, to access it. You should therefore avoid Posting unnecessary confidential information.
8.4 We need the freedom to be able to publicise our Services and your own use of them. You therefore now irrevocably grant us the right and licence 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 authorised to grant all such rights.
8.5 We will use that licence only for commercial purposes of the business of Our Website and will stop using it after a commercially reasonable period of time.
8.6 You agree to any act or omission which may otherwise infringe 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.
8.7 You now irrevocably authorise us to publish feedback, comments and ratings about your activity through Our Website, even though it may be defamatory or critical.
8.8 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.
8.9 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.
8.10 You accept all risk and responsibility for determining whether any Content is in the public domain and not confidential.
8.11 Please notify us of any security breach or unauthorised use of your account.
- 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:
9.1 be unlawful, or tend to incite another person to commit a crime;
9.2 consist in commercial audio, video or music files;
9.3 be obscene, offensive, threatening, violent, malicious or defamatory;
9.4 be sexually explicit or pornographic;
9.5 be likely to deceive any person or be used to impersonate any person, or to misrepresent your identity, age or affiliation with any person;
9.6 use a Posting to solicit responses unconnected with the purpose of Our Website or the terms proposed by this agreement;
9.7 request or collect passwords or other personal information from another user without his permission, nor Post any unnecessary personal information about yourself;
9.8 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;
9.9 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;
9.10 facilitate the provision of unauthorised copies of another person's copyright work;
9.11 link to any of the material specified in this paragraph;
9.12 use distribution lists that include people who have not given specific permission to be included in such distribution process;
9.13 send age-inappropriate communications or Content to anyone under the age of 18.
- 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:
10.1 hyperlinks, other than those specifically authorised by us;
10.2 keywords or words repeated, which are irrelevant to the Content Posted.
10.3 the name, logo or trademark of any organisation other than yours.
10.4 inaccurate, false, or misleading information.
- Removal of offensive Content
11.1 For the avoidance of doubt, this paragraph is addressed to any person who comes on Our Website for any purpose.
11.2 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.
11.3 If you are offended by any Content, the following procedure applies:
11.3.1 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.
11.3.2 we shall remove the offending Content as soon as we are reasonably able.
11.3.3 after we receive notice of a claim or complaint, we shall investigate so far as we alone decide.
11.3.4 we may re-instate the Content about which you have complained or we may not.
11.4 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 licence to publish the complaint and all ensuing correspondence and communication, without limit.
11.5 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.
- 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:
12.1 modify, copy, or cause damage or unintended effect to any portion of Our Website, or any software used within it.
12.2 link to Our Website in any way that would cause the appearance or presentation of Our Website to be different from what would be seen by a user who accessed Our Website by typing the URL into a standard browser;
12.3 download any part of Our Website, without our express written consent;
12.4 collect or use any product listings, descriptions, or prices;
12.5 collect or use any information obtained from or about Our Website or the Content except as intended by this agreement;
12.6 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;
12.7 share with a third party any login credentials to Our Website.
- Copyright and other intellectual property rights
13.1 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.
13.2 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.
- Interruption to the PBC Expo Shop Service
14.1 We give no warranty that the PBC Expo Shop Service will be satisfactory to you.
14.2 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 PBC Expo Shop Service for repairs, maintenance or other reason. We may do so without telling you first.
14.3 You acknowledge that our Service may also be interrupted for reasons beyond our control.
14.4 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.
- Our disclaimers
15.1 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.
15.2 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.
15.3 The PBC Expo Shop Website and PBC Expo Shop 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:
15.3.1 of satisfactory quality;
15.3.2 fit for a particular purpose;
15.3.3 available or accessible, without interruption, or without error.
15.4 So far as concerns a Product you buy through Our Website, we are not liable for:
15.4.1 any product or service complying with the requirement of any law or being available;
15.4.2 the Seller performing his contract.
15.5 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.
- Indemnity
You agree to indemnify us against any loss, damage or liability, suffered by us at any time and arising out of:
16.1 any act, neglect or default of yours in connection with this agreement or your use of the Services;
16.2 your breach of this agreement;
16.3 your failure to comply with any law;
16.4 a contractual claim arising from your use of the Services and purchase of a Product.
- Miscellaneous matters
17.1 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.
17.2 If you are in breach of any term of this agreement, we may:
17.2.1 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.
17.2.2 terminate your account and refuse access to Our Website;
17.2.3 remove or edit Content, or cancel any order at our discretion;
17.2.4 issue a claim in any court.
17.3 Any obligation in this agreement intended to continue to have effect after termination or completion shall so continue.
17.4 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.
17.5 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.
17.6 Any communication to be served on either of us by the other shall be delivered by hand or sent by express post or recorded delivery or by e-mail. It shall be deemed to have been delivered: if delivered by hand: on the day of delivery; if sent by post to the correct address: within 72 hours of posting;
17.7 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.
17.8 So far as the law permits, and unless otherwise stated, this agreement does not give any right to any third party.
17.9 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,
17.10 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.
17.11 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.
17.12 The validity, construction and performance of this agreement shall be governed by the laws of the State of South Australia and you agree that any dispute arising from it shall be litigated only in that State.
Sellers Terms
Terms and Conditions applicable to a seller of goods using pbcexpo.com.au These terms and conditions are the contract between you and AES PBC Online Store Pty Ltd T/A PBC Expo Shop. By visiting or using Our Website, you agree to be bound by them. PBC Expo Shop is a trade name of AES PBC Online Store Pty Ltd (ABN: 90 637 797 070), whose registered office is at Ground Floor 5 – 7 King William Road, Unley South Australia 5061 Terms and conditions are subject to change. Specific Terms and Conditions for PBC Expo Shop in relation to Seller's participation at the PBC Expo
Only Exhibitors with future stand bookings at any PBC Expo will be featured on the Shop. Your listing will be removed from the Shop 30 days post your last Expo booking if a future booking is not in place.
Payments for your participation at the PBC Expo must be made in accordance to the payment schedule on your booking form. Failure to do so can result in PBC Expo removing your listing from the site until the outstanding amount is paid.
In the event that an Exhibitor increases their calendar year Expo spend which results in a reduction in their Shop commission rate, the reduced rate will apply from when payment for the new booking is paid in accordance with the payment schedule. In the event that an Exhibitor decreases their calendar year Expo spend, which results in an increase in their Shop commission rate, the reduced rate will apply from the time that you receive an amended booking form.
You can only list items you have the sole distribution rights for and must not promote any third-party brand or product on the Expo shop.
Exhibitors must adhere to all booking Terms & Conditions as per link on their Expo booking form to remain on the Shop.
- 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 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.
- Our contract
2.1. The relationship between us is solely that:
2.1.1 in consideration of a commission charged by us, we provide for you an Internet market place as an arm's length contractor.
2.1.2 we act as your agent solely in the collection of money paid by your buyer.
2.1.3 we are not partners or joint ventures.
2.2. If you place a Product for sale on Our Website, you do so subject to these terms.
2.3. 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.
2.4. 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 Our Website visitor has a valid complaint against you.
2.5. 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.
2.6. Subject to this agreement and to the procedures set out on Our Website, you may enter a Product for sale through Our Website.
- Your Product placement
You agree that you will:
3.1. 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.
3.2. immediately to remove from sale on Our Website any Product which for any reason, you are unable to supply.
3.3. not re-place any Product we remove from offer for sale.
- Delivery
4.1. 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.
4.2. Drop Ship and Click and collect are the two shipping options
4.3. Shipping fees are determined by the seller
4.4. Shipping fee paid by buyer will be released to the seller at the time of sale funds being distributed to the seller.
4.5. You will notify both the customer and pbcexpo.com.au by email on the date of sending, that the Product has been despatched and of the expected delivery date. This will be done through the website.
4.6. 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.
4.7. In the absence of information to the contrary, you agree to despatch a Product within 3 days of notification of order by us, by a method likely to reach the buyer within a further seven days.
4.8. If it is apparent that a customer has not received a Product within 10 working 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.
- Products returned
You agree that you will at all times:
5.1. reply promptly and in any event within 24 hours to any customer message or other correspondence;
5.2. comply with the law relating to all aspects of the contract between you and your customer, relating in particular to your obligations to provide full information and accept cancellation and returns. However, you may also offer more favourable terms to your customers as per your own returns and refunds policy set out on your website or otherwise in your terms and conditions.
5.3. 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;
5.4. in the event that a Product ordered is not available, you will immediately tell your customer and refund any money paid;
5.5. comply with the PBC Expo Shops procedures relating to satisfaction of an order, Products returned and payment, as set out on Our Website from time to time.
5.6. 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.
- The selling procedure
6.1. PBC Expo Shop is not responsible for the fulfilment of your contract to sell a Product.
6.2. 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.
6.3. 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.
6.4. 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.
6.5. 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.
6.6. We shall send you a message by email at the time of each sale, providing full information about that sale.
6.7. 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.
- Goods and services tax
7.1. Fees and commissions specified on Our Website are inclusive of GST.
7.2. If you are located in Australia, we will show and retain the amount of GST due on our charge for our services in addition to the amount of commission due to us.
7.3. PBC Expo Shop 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.
- Our commission and payment to you
8.1. 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.
8.2. Our fees and commissions are payable on demand. You irrevocably authorise us to deduct them from sums paid to us by your buyer.
8.3. All sales on the Site are subject to a commission payable to PBC Expo Shop Commission rates are determined by an Exhibitor's Expo investment
8.4. Merchant fees are in addition to the commission rate, seller covers the merchant fee
8.5. Our Website selling system is an automated system which can be followed by you through a "control panel".
8.6. The proportion of each sale receipt retained by us is as agreed by us in writing.
8.7. 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.
8.8. We will pay you within 10 working days of confirmed despatch of order.
8.9. If you have a bank account located in Australia, we will transfer money via the Internet, in full.
8.10. If you do not have an account in 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.
8.11. We will send you an invoice for our charges.
8.12. 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.
8.13. If an action by a buyer results in a charge back 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.
8.14. If you or we accept any cancellation and consequently refund money to a customer, we are not obliged to repay commission to you.
8.15. 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.
- Advertising your Product
If you accept our offer to advertise market or promote your Product, the following conditions apply.
9.1. We may use the services of a specialist Internet marketing business associated with PBC Expo Shop
9.2. Without 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.
9.3. The price charged to you will include all payments we make to others.
9.4. 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.
9.5. We give no guarantee as to the success of any advertising placed.
9.6. We shall receive no secret commission on advertising services. But note that the service supplier is associated with us.
- Your Product warranties
10.1. You warrant that any Product you place on Our Website for sale:
10.1.1 is not: illegal, obscene, abusive, threatening, defamatory, invasive of privacy, infringing of intellectual property rights, or otherwise injurious to any third party;
10.1.2 does not offend against the law of any country whose citizens might purchase it;
10.1.3 is not intended primarily to advertise any business, except your business.
10.1.4 Products must comply to Australian Standards
10.2. 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:
10.2.1 to enter or upload that Content;
10.2.2 to receive the net proceeds of such sales as arise.
- How we handle your Content
11.1. If you Post Content to any public area of Our Website it becomes available in the public domain. We have no control over who sees it or what anyone does with it.
11.2. You now irrevocably authorise us to publish feedback, comments and ratings about your Products, services and activity through Our Website, even though it may be defamatory or critical.
11.3. We will use that licence only for commercial purposes of the business of Our Website and will stop using it after a commercially reasonable period of time.
11.4. 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.
11.5. 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;
11.6. You accept all risk and responsibility for determining whether any Content is in the public domain and not confidential.
11.7. Notify us of any security breach or unauthorised use of your account.
- Restrictions on what you may Post to Our Website
We invite you to Post Content to Our Website for marketing your products and services. 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:
12.1. be unlawful, or tend to incite another person to commit a crime;
12.2. be obscene, offensive, threatening, violent, malicious or defamatory;
12.3. be sexually explicit or pornographic;
12.4. be likely to deceive any person or be used to impersonate any person, or to misrepresent your identity, age or affiliation with any person;
12.5. use a Posting to solicit responses unconnected with the purpose of Our Website or the terms proposed by this agreement.
- 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:
13.1. hyperlinks, other than those specifically authorised by us, as explained on Our Website.
13.2. keywords or words repeated, which are irrelevant to the Content Posted.
13.3. the name, logo or trademark of any organisation other than yours.
13.4. inaccurate, false, or misleading information.
- 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:
14.1. modify, copy, or cause damage or unintended effect to any portion of Our Website, or any software used within it.
14.2. link to Our Website in any way that would cause the appearance or presentation of Our Website to be different from what would be seen by a user who accessed Our Website by typing the URL into a standard browser;
14.3. download any part of Our Website, without our express written consent;
14.4. collect or use any product listings, descriptions, or prices;
14.5. collect or use any information obtained from or about Our Website or the Content except as intended by this agreement;
14.6. 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;
14.7. share with a third party any login credentials to Our Website.
- Copyright and other intellectual property rights
15.1. 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.
15.2. 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.
15.3. 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.
- Interruption to the Service
16.1. We give no warranty that the Service will be satisfactory to you.
16.2. 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.
16.3. You acknowledge that our Service may also be interrupted for reasons beyond our control.
16.4. 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.
- Our disclaimers
17.1. 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.
17.2. 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.
17.3. 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:
17.3.1 as to fitness of Our Website and Service for a particular purpose;
17.3.2 as to availability and accessibility, without interruption, or without error;
17.3.3 any obligation, liability, or remedy in tort whether or not arising from our negligence.
17.4. 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.
- 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:
18.1. a claim by any person in respect of any Product;
18.2. 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.
18.3. 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:
18.3.1 the deletion or amendment of any text or other content you have placed on Our Website;
18.3.2 any payment we make on an ex gratia basis, arising from a contract between you and a buyer;
18.4. a claim or assessment or order to pay tax based on any sum paid by us.
18.5. legal or other fees we incur in defending a claim or the imposition of a fine or penalty;
18.6. our management time in dealing with any failure or alleged failure by you to comply with any relevant regulation or law.
- Miscellaneous matters
19.1. You undertake to provide to us your current land address, e-mail address and telephone number as often as they are changed together with all information that we may require to enable us to fulfil our obligations under this contract.
19.2. So far as any time, date or period is mentioned in this agreement, time shall be of the essence.
19.3. 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.
19.4. If you are in breach of any term of this agreement, we may:
19.4.1 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.
19.4.2 terminate your account and refuse access to Our Website;
19.4.3 remove or edit Content, or cancel any order at our discretion.
19.5. Any obligation in this agreement intended to continue to have effect after termination or completion shall so continue.
19.6. 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.
19.7. You agree that all our electronic communications satisfy any legal requirement that such communications be in writing.
19.8. Any communication to be served on either of us by the other shall be delivered by hand or sent by express post or recorded delivery or by e-mail. • It shall be deemed to have been delivered: • if delivered by hand: on the day of delivery; • if sent by post to the correct address: within 72 hours of posting;
19.9. 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.
19.10. So far as the law permits, and unless otherwise stated, this agreement does not give any right to any third party.
19.11. 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
19.12. 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.
19.13. 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.
19.14. The validity, construction and performance of this agreement shall be governed by the laws of the State of South Australia and you agree that any dispute arising from it shall be litigated only in that State.
