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Buyzaar – TERMS AND CONDITIONS
This online platform (Buyzaar) is operated by Buyzaar Pty Ltd (ACN: 633 965 045) or its successors and assignees (we, our or us). It is available at www.buyzaar.com.au and may be available through other addresses or channels, including on a mobile application.
In these terms and conditions, Platform refers to our marketplace regardless of how you access it. The Platform connects vendors (Service Providers/sellers) with the customer (Customers/buyers) by facilitating introductions and eCommerce transactions between Service Providers and Customers including by providing a directory of Services Providers on our Platform.
If you are agreeing to these Terms not as an individual but on behalf of a company, your employer, an organisation, government or other legal entity (Represented Entity), then “you” means the Represented Entity and you are binding the Represented Entity to these Terms. If you are accepting these Terms and using our services on behalf of a Represented Entity, you represent and warrant that you are authorised to do so.
If you are a parent or legal guardian permitting a person who is at least 13 years of age but under 18 years of age (a Minor) to create an account and/or use the Platform, you agree to (a) supervise the Minor’s use of the Platform and their account; (b) assume all risks associated with, and liabilities resulting from, the Minor’s use of the Platform and their account; (c) ensure that the content on the Platform is suitable for the Minor; (d) ensure all information submitted to us by the Minor is accurate; and (e) provide the consents, representations and warranties contained in the Terms on the Minor’s behalf.
These Terms supplement and incorporate our policies and terms and conditions posted on the Platform.
If you access or download our mobile application from (a) the Apple App Store, you agree to any usage rules set forth in the App Store Terms of Service; or (b) the Google Play Store, you agree to the Android, Google Inc. Terms and Conditions including the Google Apps Terms of Service.
We may use Google Maps/Earth mapping services, including Google Maps API(s). Your use of Google Maps/Earth is subject to the Google Maps/Google Earth additional terms of service.
The Platform provides an introductory and eCommerce service for Service Providers and Customers. A Service Provider with an ability to supply goods and/or services: (a) creates an account on the Platform; and (b) posts an accurate and complete description of the goods and/or services to be supplied (including the fee or price to be paid by the Customer, any applicable delivery fees and GST payable) (Listing). By creating a Listing for goods and/or services, the Service Provider confirms that s/he is legally entitled and capable of supplying the goods and/or services described in the Listing.
A Customer wishing to purchase goods and/or services: (a) creates an account on the Platform; (b) reviews the Listings uploaded by Service Providers, and (c) places an order with the relevant Service Provider through the Platform (Order).
for on-platform communication: Once a Service Provider has accepted an Order, the Service Provider and Customer can communicate privately using our private messaging service. Each time a Platform user receives a message from the Platform messaging service, a notification may be sent to the user via their currently active communication channel.] Once a Service Provider has provided the goods and/or services requested by a Customer, the Service Provider [and the Customer] must provide notice that the Order is complete by using the Platform functionality (Completed Order).
If a Customer wants to raise a dispute regarding an Order, the Customer must contact us within [48 hours] of the Order.
You understand and agree that the Platform is an online introductory platform only and that our responsibilities are limited to facilitating the user functionality and availability of the Platform. We are not an employment agency or labour hire business and Service Providers are independent third parties, not our employees, contractors, partners or agents.
We are not a party to any agreement entered into between a Service Provider and a Customer. We have no control over the conduct of Service Providers, Customers or any other users of the Platform.
We accept no liability for any aspect of the Customer and Service Provider interaction, including but not limited to the description of goods and/or services offered, the performance of services and the delivery of goods. We only assist in scenarios where evidence has been shown that customer and vendor initially attempted to resolve any dispute themselves.
We may disclose that information to third party service providers who help us deliver our services (including information technology service providers, data storage, web hosting and server providers, professional advisors, third-party payment processors and our business partners) or as required by law. If you do not provide this information we may not be able to provide you with access to our Platform. In certain circumstances, we may disclose your personal information to third parties located, or who store data, outside Australia.
Registration and Profiles
You can browse and view the Platform as an unregistered user of the Platform. You must register on the Platform and create an account (Account) to access some features on the Platform.
You may have only 1 account on the platform which can be used as a service provider and customer after gaining access from the platform.
If you are Service Provider and you own more than one business, you must apply for a separate Account for each business.
You must provide basic information when registering for an Account including name, email address, and location and we will provide you with a username and password/or you may choose a username and password. The username you choose must not: (a) be offensive or in other ways insulting; or (b) contain characteristics which belong to a third party, including names of famous persons, or personal names to which you do not own the rights.
Your Profile is personal and you must not transfer it to others, except with our written permission.
You must provide accurate, current and complete information during the registration process and you must update such information to keep it accurate, current and complete. You are responsible for keeping your Account [and Profile] details and your username and password confidential and you will be liable for all activity on your Account, including purchases made using your Account details, whether or not you authorised such activities or actions. You will immediately notify us of any unauthorised use of your Account. At our sole discretion, we may refuse to allow any person to register or create an Account.
If we choose to conduct identity verification or background checks on any Platform user, to the extent permitted by law, we disclaim all warranties of any kind, either express or implied, that such checks will identify prior misconduct by a user or guarantee that a user will not engage in misconduct in the future.
We may offer Service Providers the option of verifying their identity and/or validating their Profile or Account using a third party identity verification service (Third Party ID Service) from time to time.
Where a Service Provider has elected to verify their identity under this clause, a Service Provider acknowledges and agrees that:
(a) we may contact, connect to or otherwise liaise with Third Party ID Services to validate your identity and information (Identity Check);
(b) Third Party ID Services may provide us with your personal information or sensitive information, and you consent to us receiving and using this information to enable us to perform an Identity Check; and
(c) you will be charged a non-refundable fee for the Identity Check (as set out on the Platform), and we will be under no obligation to perform the Identity Check until the relevant fee has been paid to us, in accordance with the requirements specified on the Platform and these Terms.
(d) Following a successful Identity Check, a Service Provider agrees and acknowledges that:
(i) we may permit you to use verification signs or badges in connection with your Profile or Account to indicate that a successful Identity Check has been performed (Verification Badge); and
(ii) a Verification Badge may only be used by the individual for whom the relevant Identity Check has been successfully performed and the relevant Verification Badge has been issued, and then, only where that individual is directly providing the relevant goods or services.
(e) You acknowledge and agree that:
(i) the Identity Check and the issuance of a Verification Badge may not be fully accurate, as they are dependent on the information provided by a Service Provider and/or information or checks performed by third parties;
(ii) you should not rely on the Identity Checks or the Verification Badges, and you should make your own inquiries as to the accuracy, legitimacy, validity, credibility or authenticity of any Service Providers on the Platform.
(f) We make no warranties, representations or guarantees of any kind, whether express or implied, or whether under these Terms, under statute or on any other basis, in relation to or connected with:
(i) the accuracy, legitimacy, validity, credibility or authenticity of any users on the Platform;
(ii) the performance of any Identity Check; or
(iii) the issuance of any Verification Badge; and
(iv) to the maximum extent permitted by law, we accept no responsibility and exclude all liability arising from, or connected with, the Identity Checks or the Verification Badges, or any use of or reliance on Identity Checks or Verification Badges.
Ratings and Reviews
Customers may rate a Listing (Rating) and/or may provide feedback to Service Provider regarding the Service Provider’s goods and/or services purchased by that Customer (Review). Ratings and Reviews of a Customer can be viewed by any user and will remain viewable until the relevant Service Provider’s Account Listing is removed or terminated. A Customer must provide true, fair and accurate information in their Review. If we consider that the Review is untrue, unfair, inaccurate, offensive or inappropriate, we may delete the Review or ban the Customer from posting the Review. We do not undertake to review each Review made by a Customer. To the maximum extent permitted by law, we are not responsible for the content of any Reviews. You may not publish Reviews for Service Providers to which you have personal or professional relations.
Fees and Payments
It is free to register an Account on the Platform. There is no charge for a Customer to create a Listing, or for other users to review content on the Platform, including Listings.
Any payments will be made through our third party payment processor, currently, Stripe, PayPal or by any other payment method set out on the Platform. Our service/subscription fee is non-refundable.
A Customer must pay the relevant fees set out in the Listing (Listing Fees) at the time s/he makes an Order. Payment will be processed: (a) if the Service Provider is set up on the Platform to review Orders, at the time the Service Provider accepts the Order; or (b) if the Service Provider has opted for automatic confirmation, at the time when the Order is made.
Upon a Completed Order, the Listing Fees will be paid to the Service Provider after deduction of our service fee which is set out on the Platform. We will facilitate payment of the Listing Fees to a Service Provider on a [weekly/fortnightly/monthly] basis, minus our service fee (as set out on the Platform), for all Completed Bookings that have taken place in that [week/fortnight/month.]
To the extent permitted by law, our service fee is non-cancellable and non-refundable.
The membership fee for the Platform and any other charges applicable to the use of the Platform, such as any applicable taxes, will be charged on a recurring basis depending on the billing cycle period chosen to your selected payment method on the calendar day corresponding to when you registered for an Account. In some cases, your payment date may change, for example, if payment is unable to be processed or if your membership began on a day not contained in a given month. You agree and acknowledge that you must have sufficient funds in your selected payment account in order to pay the membership fee. You are responsible for paying any fees, such as bank fees, for any payments that are dishonoured
We set out a number of payment methods on the Platform. The payment method you choose may be subject to additional terms and conditions imposed by the applicable third party payment processor, please review these terms and conditions before using your selected payment method. The payment method you select may affect how quickly you receive any payment from us (if this is applicable).
When you make an Order, we or our third-party payment processor may: (a) obtain a pre-authorisation via the payment method you select; or (b) charge or authorise your payment method to be charged a nominal amount, not exceeding one dollar ($1).
If your Order is rejected by a Service Provider, any pre-authorisation of your payment method will be released (if applicable). The timing for the pre-authorisation to be released will vary based on the payment method you select.
Gift vouchers can be purchased from us on the Platform in Australian dollars and may be used only for purchases on our Platform.
Purchased gift vouchers will be sent to you by email. The gift voucher will include a unique code which will be required to redeem the gift voucher. The unique code on a gift voucher should be treated as cash and cannot be replaced if lost or stolen. We are not responsible if a third party uses your gift voucher unique code. If the amount of your gift voucher does not cover the total purchase amount, you will need to pay the remainder of the purchase as set out in this clause. Gift vouchers are not redeemable for cash and cannot be returned for a cash refund or exchanged. You cannot purchase a new gift voucher with another gift voucher. Any unused balance will remain as a credit on the gift voucher and is not transferable for a cash payment. Additional values cannot be added to existing gift vouchers. Our gift vouchers expire in 1 year from the date of issue by email. It is your responsibility to keep track of the expiration date. We will not send you any reminders of when your gift voucher will expire. We reserve the right to request alternative forms of payment if a fraudulently obtained gift voucher is redeemed.
We may change the fee and payment terms applying to the Platform at our sole discretion and any change is immediately effective upon us publishing the change on the Platform and will apply to any use of the Platform following the change.
Refund and Cancellation Policy
Any cancellation, exchange or refund of the goods and/or services is strictly a matter between the Service Provider and the Customer. The terms and conditions agreed to between the Service Provider and the Customer should be set out clearly in the Listing in respect of the goods and/or services.
Licence to use our Platform
We grant you a non-exclusive, royalty-free, revocable, worldwide, non-transferable licence to use our Platform in accordance with these Terms. All other uses are prohibited without our prior written consent.
You must not do, or attempt to do, anything that is unlawful, anything prohibited by any laws which apply to our Platform or which apply to you or your use of our Platform, anything which we would consider inappropriate, or anything which might bring us or our Platform into disrepute, including (without limitation):
(a) anything that would constitute a breach of an individual’s privacy (including uploading private or personal information without an individual’s consent) or any other legal rights;
(b) using our Platform to defame, harass, threaten, menace or offend any person;
(c) interfering with any user using our Platform;
(d) tampering with or modifying our Platform, knowingly transmitting viruses or other disabling features, or damaging or interfering with our Platform, including (without limitation) using trojan horses, viruses or piracy or programming routines that may damage or interfere with our Platform;
(e) anything that might violate any local, state, national or other law or regulation or any order of a court, including, without limitation, food safety laws and regulations, zoning and tax regulations;
(f) using our Platform to find a Customer or Service Provider and then completing an Order or transaction independent of our Platform in order to circumvent the obligation to pay any fees related to our provision of the Platform;
(g) as a Service Provider, offering any goods and/or services that you do not intend to honour or cannot provide;
(h) as a Customer, making any offers to Service Providers that you do not intend to offer;
(i) using our Platform to send unsolicited email messages; or
(j) facilitating or assisting a third party to do any of the above acts.
Exclusion of competitors
You are prohibited from using our Platform, including the information and materials available on it (Content), in any way that competes with our business. If you breach this term, we will hold you responsible for any loss, damage or expense, howsoever arising, whether direct or indirect and/or whether present, unascertained, future or contingent (Liability) we suffer, and hold you accountable for any profits that you may make from non-permitted use.
The Content is not comprehensive and is for general information purposes only. It does not take into account your specific needs, objectives or circumstances, and is not advice. While we use reasonable attempts to ensure the accuracy and completeness of the Content, we make no representation or warranty regarding it, to the extent permitted by law. Content is subject to change without notice. However, we do not undertake to keep our Platform up-to-date and we are not liable if any Content is inaccurate or out-of-date.
Intellectual Property rights
Unless otherwise indicated, we own or licence all rights, title and interest (including intellectual property rights) in our Platform and all of the Content. Your use of our Platform and your use of and access to any Content does not grant or transfer to you any rights, title or interest in relation to our Platform or the Content.
You must not, without the prior written consent of ourselves or the owner of the Content (as applicable):
(a) copy or use, in whole or in part, any Content;
(b) reproduce, retransmit, distribute, disseminate, sell, publish, broadcast or circulate any Content to any third party; or
(c) breach any intellectual property rights connected with our Platform, including (without limitation) by:
(i) altering or modifying any of the Content;
(ii) causing any of the Content to be framed or embedded in another website; or
(iii) creating derivative works from the Content.
You may be permitted to post, upload, publish, submit or transmit relevant information and content, including Reviews (User Content) on our Platform. By making available any User Content on or through our Platform, you grant to us a worldwide, irrevocable, perpetual, non-exclusive, transferable, royalty-free licence to use the User Content, with the right to use, view, copy, adapt, modify, distribute, license, sell, transfer, communicate, publicly display, publicly perform, transmit, stream, broadcast, access, or otherwise exploit such User Content on, through, or by means of our Platform.
You agree that you are solely responsible for all User Content that you make available on or through our Platform. You represent and warrant that:
(a) you are either the sole and exclusive owner of all User Content or you have all rights, licences, consents and releases that are necessary to grant to us the rights in such User Content as contemplated by these Terms; and
(b) neither the User Content nor the posting, uploading, publication, submission or transmission of the User Content or our use of the User Content on, through or by means of our Platform will infringe, misappropriate or violate a third party’s intellectual property rights, or rights of publicity or privacy, or result in the violation of any applicable law or regulation.
We do not endorse or approve and are not responsible for any User Content. We may, at any time at our sole discretion, remove any User Content.
Third party sites: Our Platform may contain links to websites operated by third parties. Unless expressly stated otherwise, we do not control, endorse or approve and are not responsible for the content on those websites. You should make your own investigations with respect to the suitability of those websites.
Discontinuance: We may, at any time and without notice to you, discontinue our Platform, in whole or in part. We may also exclude any person from using our Platform, at any time at our sole discretion. We are not responsible for any Liability you may suffer arising from or in connection with any such discontinuance or exclusion.
Certain legislation including the Australian Consumer Law (ACL) in the Competition and Consumer Act 2010 (Cth), and similar consumer protection laws and regulations may confer you with rights, warranties, guarantees and remedies relating to the provision of our services which cannot be excluded, restricted or modified (Statutory Rights).
Nothing in these Terms excludes your Statutory Rights as a consumer under the ACL.
The goods and services provided by a Service Provider might also confer you certain Statutory Rights.
Notice regarding Apple
To the extent that you are using or accessing our Platform on an iOS device, you further acknowledge and agree to the terms of this clause. You acknowledge that these Terms are between you and us only, not with Apple Inc. (Apple), and Apple is not responsible for the Platform and any content available on the Platform.
Apple has no obligation to furnish you with any maintenance and support services with respect to our Platform.
If our mobile application fails to conform to any applicable warranty, you may notify Apple and Apple will refund the purchase price of the mobile application to you. To the maximum extent permitted by applicable law, Apple will have no other warranty obligation whatsoever with respect to the mobile application and any other claims, losses, liabilities, damages, costs or expenses attributable to any failure to conform to any warranty will be our responsibility.
Apple is not responsible for addressing any claims by you or any third party relating to our mobile application or your use of our mobile application, including but not limited to:
(a) product liability claims;
(b) any claim that our mobile application fails to conform to any applicable legal or regulatory requirement; and
(c) claims arising under consumer protection or similar legislation.
Apple is not responsible for the investigation, defence, settlement and discharge of any third-party claim that our mobile application infringes that third party’s intellectual property rights.
You agree to comply with any applicable third-party terms when using our mobile application.
Apple and Apple’s subsidiaries are third-party beneficiaries of these Terms, and upon your acceptance of these Terms, Apple will have the right (and will be deemed to have accepted the right) to enforce these Terms against you as a third-party beneficiary of these Terms.
You hereby represent and warrant that:
(a) you are not located in a country that is subject to a U.S. Government embargo, or that has been designated by the U.S. Government as a “terrorist supporting” country; and
(b) you are not listed on any U.S. Government list of prohibited or restricted parties.
Warranties, disclaimers and indemnity
To the extent permitted by law, we make no representations or warranties about our Platform, the Content, Service Providers, Customers, goods and/or services including (without limitation) that:
(a) they are complete, accurate, reliable, up-to-date and suitable for any particular purpose;
(b) access will be uninterrupted, error-free and free from viruses;
(c) our Platform will be secure;
(d) goods and/or services will be requested by Customers or that Customers will find desirable goods and/or services;
(e) goods and/or services are of a particular standard of workmanship or meet the Listing description.
You read, use, and act on our Platform and the Content at your own risk.
Limitation of liability: Despite anything to the contrary, to the maximum extent permitted by law:
(a) our maximum aggregate Liability arising from or in connection with these Terms (including the services we provide and/or the subject matter of these Terms) will be limited to, and must not exceed the aggregate amount of fees paid by you to us during the three-month period immediately preceding the event that gave rise to the Liability; and
(b) we will not be liable to you for any loss of profit (including anticipated profit), loss of benefit (including anticipated benefit), loss of revenue, loss of business, loss of goodwill, loss of opportunity, loss of savings (including anticipated savings), loss of reputation, loss of use and/or loss or corruption of data,
whether under the statute, contract, equity, tort (including negligence), indemnity or otherwise.
(c) Despite anything to the contrary, to the maximum extent permitted by law, we will have no Liability, and you release and discharge us from all Liability, arising from or in connection with any:
(i) loss of, or damage to, any property, or any injury or loss to any person;
(ii) failure or delay in providing the Platform or our services; or
(iii) breach of these Terms or any law,
where caused or contributed to by any:
(iv) event or circumstance beyond our reasonable control;
(v) a fault, defect, error or omission in your computing environment; or
(vi) act or omission of you or your related parties,
(vii) and, in any event, any defect, error, omission or lack of functionality or suitability (or the absence of, or reduction in, any anticipated result, outcome or benefit) with respect to the products.
You acknowledge and agree that: (a) you use the Platform or our services at your own risk; (b) the provision of the Platform or our services may be contingent on, or impacted by, third parties, suppliers or other subcontractors (Third Party Inputs), and despite anything to the contrary, the maximum extent permitted by law, we will not be responsible and will have no Liability for any default or breach of these Terms or any law if such default or breach was caused or contributed to by any Third Party Inputs.
You agree that, to the maximum extent permitted by law, these Terms exclude all terms, conditions and warranties implied by statute, in fact, or on any other basis, except to the extent such terms, conditions and warranties are fully expressed in these Terms.
Indemnity: To the maximum extent permitted by law, you must indemnify us, and hold us harmless, against any Liability suffered by us arising from or in connection with your use of our Platform or any breach of these Terms or any applicable laws by you. This indemnity is a continuing obligation, independent from the other obligations under these Terms, and continues after these Terms end. It is not necessary for us to suffer or incur any Liability before enforcing a right of indemnity under these Terms.
This clause will survive the termination or expiry of these Terms.
You may cancel your Account and terminate these Terms at any time via the “Cancel Account” feature (or similar) on our Platform or by sending us an email to the address at the end of these Terms. You can also deactivate your Account at any time via the Platform. [a cancellation example] If you cancel or deactivate your Account as a Service Provider, any Bookings will be automatically cancelled and your Customers will receive a full refund. If you cancel your Account as a customer, any Bookings will be automatically cancelled and any refund will be depending upon the terms of the Listing’s cancellation policy. [if no refunds made] No refunds will be made upon cancellation.
At our sole discretion, we may suspend your Account or terminate these Terms immediately if: (a) you breach a material term of these Terms, any applicable laws, regulations or third party rights; (b) as a Service Provider your Listings or goods and/or services at any time fail to meet any applicable quality or eligibility criteria; (c) you have received poor Reviews or Ratings or we have received complaints about you including due to repeated cancellations of Order.
If we suspend your Account or terminate these Terms, we will cancel any existing Orders and in the case of a Service Provider breach, refund the relevant Customers, and in the case of a Customer breach, you will lose any amounts paid.
Disputes: We encourage Service Providers and Customers to attempt to resolve disputes (including claims for returns or refunds) with other users directly. In the event of any dispute arising from, or in connection with, these Terms (Dispute), the party claiming there is a Dispute must give written notice to the other party setting out the details of the Dispute and proposing a resolution. Within 7 days after receiving the notice, the parties must meet at least once to attempt to resolve the Dispute or agree on the method of resolving the Dispute by other means, in good faith. All aspects of every such conference, except the fact of the occurrence of the conference, will be privileged. If the parties do not resolve the Dispute or (if the Dispute is not resolved) agree on an alternate method to resolve the Dispute, within 21 days after receipt of the notice, the Dispute may be referred by either party (by notice in writing to the other party) to litigation.
We recommend that Service Providers obtain appropriate insurance for supplying their goods or services. If you are a Service Provider and you obtain an insurance policy, please review any relevant insurance documentation carefully, and in particular make sure that you are familiar with and understand any exclusions to, and any deductibles that may apply for, such insurance policy.
Variation: We may modify these Terms from time to time by posting the amended Terms on the Platform / by notifying you by email. By continuing to use the Platform after such modification or 30 days after notification (whichever date is earlier), you agree to the amended terms. If you do not agree to the modifications, you must terminate your Account and stop using the Platform.
Assignment: You may not assign, transfer or delegate your rights and obligations under the Terms without our prior written consent. We may without restriction assign, transfer or delegate our rights and obligations under these Terms with 30 days prior notice.
Severance: The provisions of these Terms are severable and if any provision of these Terms is held to be void, invalid, illegal or unenforceable, that provision is severed from these Terms without affecting the validity or enforceability of the remainder of that provision or the other provisions in these Terms.
Jurisdiction: Your use of our Platform and these Terms are governed by the laws of Victoria. You irrevocably and unconditionally submit to the exclusive jurisdiction of the courts operating in Victoria and any courts entitled to hear appeals from those courts and waive any right to object to proceedings being brought in those courts.
For any questions and notices, please contact us at:
Buyzaar Pty Ltd (ACN: 633 965 045)
Email: [email protected]
Last update: Monday 24 June 2019
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