Terms of use for supplier

TERMS OF USE FOR SUPPLIERS

These Terms of Use (‘Terms’) apply to all Suppliers on this website. We may modify and update these Terms at any time, without notice. You need to ensure you review the Terms from time to time. In using our website and services, you agree to be bound by these Terms as well as any and all general terms and conditions posted on our website from time to time. If you do not accept these Terms, we cannot accept your listing.

ACCOUNTS AND PAYMENT

You must register and set up your account in order to advertise your business and goods or services on our website. You will be required to provide a username, email address, address, password, an ABN, nominated bank account details, and two or more trade references to set up the account. You must ensure these are kept updated.

Every submission of Content to the website will incur an advertising fee, which will recur until the date you cancel your advertisement. It is your responsibility to cancel the advertisement after any sale. On the date of sale you will also incur the commission fee and bank fee. We will notify you if there are any changes to our Fees.

By providing your bank account details, you authorise us and agree to the Fees being automatically deducted at the beginning of each period unless you or we cancel your account in accordance with the below Cancellation terms. You also represent that the payment information you provide is true and accurate. If your payment method fails, or your account is overdue we may collect additional fees including legal fees.

After you provide proof of delivery of the goods or services, we will deduct our Fees and remit the amount owing to you to your nominated bank account. You are responsible for any taxes you may incur as a result of this payment. If you receive a payment in error, we may reverse or require return of the payment. We may also reduce the payment to you without notice to adjust for a previous overpayment.

SUPPLIER WARRANTIES AND AGREEMENT

By submitting any Content to the website, you represent that you have the ownership rights and title to this information and material, and have the right to advertise and sell it. You also represent that you have complied with our Listing Guidelines and are not breaching any regulations, restrictions or third party rights.

To use our advertising services offered through our website, you agree to the following:

You warrant that:

The information you post or advertise on the website is genuine, true and accurate;
Any Content you post will not breach any third party rights;
You will keep your information updated and any Content you include on your advertisement, links or website complies with applicable laws, codes and regulations;

You will ensure that any Content you include on your advertisement, links or website complies with all applicable laws, codes and regulations and all material and Content you link to from our website is accurate, reliable, up-to-date, lawful, and not misleading;

You agree to adhere to good practice service standards for the supply of goods and services to Buyers in a timely and responsive manner; and

By using our advertising services and contacting any Buyers through our website, you represent that you are doing so in good faith, have the ownership rights and title to all goods, and will present all information in a true and correct manner to Buyers.

You acknowledge and agree:

We are a facilitator only for the purposes of permitting businesses to post their advertisement and supply goods and services through our website but we do not guarantee any bookings, business, increase in traffic, sales or otherwise;
We are not responsible for, nor affiliated with any particular Buyer or Supplier beyond providing the advertising services;

Any goods or services you provide through your business is done directly by you and is your contractual relationship with the Buyer that may find you by visiting our website. Any disputes, issues, dealings, complaints are to be dealt with directly with the Buyer and you agree to indemnify us for Buyer claim which results directly or indirectly from your action or inaction;

You may choose your own pricing, and sell your goods and services on your website and other websites at different prices, but you will only advertise your goods and services at reasonable prices on our website. We are not responsible directly or indirectly for your prices in any way including but not limited to any incorrect pricing;

You will manage all Buyer disputes in good faith and in accordance with all Australian Consumer and other law requirements. We are not to be involved at any time and are not responsible directly or indirectly for any dispute with any Buyer regarding your provision of the Services and you agree to indemnify us for any such claims;

Buyers may be invited to Post or write a testimonial, review or comment on Suppliers, goods or services accessed through the website. In the event of any negative review that you may respond to, we ask that you consider your language, include a constructive response. In particular, you may not use aggressive, defamatory, rude or offensive language. We do not condone bad language, harassment, fraud, collusion or Posts that may offend any person, visitor, or third party. We will remove any such Post in our sole discretion and block your access to any such response or our website if we believe it is necessary;

We may, from time to time, advertise our own goods and services on the website at our discretion, at prices we determine but we will be responsible for those goods and services;

By using this website, you authorize us to use, reuse and to grant others the right to use and re-use your Content and any reproduction or similar in any form of media or technology for any purpose related to the website;
The website uses third party vendors and hosting partners to provide the necessary software, hardware, service and storage; and
You will not transmit any viruses, malware, worms, etc. of any kind and that you will not upload, post, host or transmit unsolicited material or messages to the website.

We make no warranty that the website services will meet your requirements or be available on an uninterrupted, secure or error-free basis. We will use our best endeavors to ensure the website is always available and virus free but from time-to-time, and in some instances, this may not be the case as it may be out of our immediate control. We will notify you if the website becomes unavailable for any lengthy and unusual time period.

DELIVERY AND REFUNDS

You may utilise our recommended courier service, or any third party courier service at your election but you are responsible for all aspects of the delivery of the goods and services. You are responsible for any wrong estimation of delivery costs and any goods that are lost, or damaged in transit and any late deliveries.

You must provide proof of delivery of the goods or to receive payment from us.

You must at all times abide by the Australian Consumer law including but not limited to the re-supply or refund of any goods or services you supply or provide which do not meet the legal requirements. Re-supply and refunds must be made to Buyers in accordance with the Australian Consumer Law, but do not need to be made for any change of mind by the Buyer. If you grant a refund to a Buyer it will only be provided in the form of a credit to be used in our online store and which will be valid for up to 12 months.

CANCELLATION AND TERMINATION

TO CANCEL YOUR ADVERT: You are solely responsible for cancelling your advertisement. You must cancel in writing by notifying us at: [insert email address]

We require a minimum of seven (7) days notice prior to the next payment withdrawal date to ensure you are not charged for the subsequent period. If we do not receive your cancellation notification seven (7) days prior to the next payment date, you will be charged an extra advertising fee.

WE MAY TERMINATE YOUR ACCOUNT AND ADVERTISEMENT AT ANY TIME: We have the right to terminate your advertisement on our website for any reason, at any time. If we do not receive payment, we have the right to remove your advertisement and Content and suspend your account. We will not be responsible for any lost files, revenue, information or anything related to such suspension or removal of your advertisement and Content.

Complaints: If we receive numerous complaints about your services, including but not limited to reliability, quality, responsiveness or any other issues related to the provision of your services, we may terminate your account and Services. We will attempt to work with you to resolve such issues where possible but we are not to be involved in any dispute with any of your Buyers or customers or clients.

You agree that we may, in our sole discretion, terminate or suspend your access to the website with or without notice and for any reason, including, without limitation, breach of these Terms. Any suspected fraudulent, abusive or illegal activity may be grounds for terminating your relationship and may be referred to the appropriate law enforcement authorities.

If we have reasonable grounds to suspect the information you provide on your account or advertisement or Content on our website or on your website is untrue, inaccurate or incomplete; if we receive numerous complaints about your goods or services, any advertisement, or any action or inaction you have taken with a Buyer or that you have breached any Terms; if your Content is offensive, or for any other reason including if, in our opinion, you have breached the purpose of our website, at our sole discretion we have the right to immediately withdraw your advertisement and Content and terminate your account. We are not required to provide any refund of your Fees or part thereof to you for such termination, and we may also deny the use of our website and services to you in the future.

Upon such termination, regardless of the reasons, your right to use the website immediately ceases and you acknowledge and agree we may immediately deactivate or delete your account and all related information and files and Content. We may also bar you from any further access to our website. We shall not be liable to you or any third party for any claims or damages arising out of any termination or suspension or any other actions taken by us in connection with such termination or suspension.

We may also, but are not obligated to, remove any Content that we determine in our sole discretion may be unlawful, offensive, defamatory, obscene, or otherwise objectionable or violates a third party’s intellectual property or these Terms.

MODIFICATION OF WEBSITE AND CONTENT

We reserve the right at any time and from time to time to remove, delete, alter or amend any Content or Posts on the website. In particular, if we believe the Content or Posts to be inappropriate, potentially breach regulations, receive complaints or for any other reason and in our reasonable discretion, we may remove or modify Content or Posts at any time without notice. We shall not be liable to you or any third party for any modification when it is required.

We reserve the right to disclose your name and any other personal details to any law enforcement authority or other competent authority or to any person for the purpose of legal proceedings, prosecution, investigation or any breach, alleged breach of the law or these Terms.

LIABILITY AND INDEMNITY

You agree and acknowledge that we are not liable for any direct, indirect, consequential or incidental loss or damage which may result from your advertisement and Content and/or Posts on our website. You acknowledge, agree and undertake that you shall be the legally responsible party for any Content placed by you in respect of any legal proceedings of any competent jurisdiction worldwide and you agree and undertake to indemnify us and keep us at all times fully indemnified from and against any claims, demands, costs, damages or awards whatsoever arising directly or indirectly as a result of any Content placed by you on www.retailia.com.au

In addition, you agree to fully indemnify us for any and all claims by any customers including Buyers or any third party which may result from your advertisement, Content or link on the website or any business you conduct with any customer or Buyer. We are not responsible for your Content, Services, nor for your breach of any third party rights. We are also not responsible for any claim by any third party which may be a result of your links, material or Content on your website, business or otherwise. You agree you will fully indemnify us and, wherever possible, take over and manage any claim which may result from any one of your Buyers or customers whether direct or indirect.

Our liability is governed by the Australian Consumer Law (ACL), including any consumer guarantees provided by the ACL that cannot be excluded or modified. All other conditions and warranties which may be implied by custom, or statute are expressly excluded by these Terms.

Our liability to you will not exceed the amount actually paid by you to for your advertisement.

Our failure to exercise or enforce any right or provision of these Terms shall not constitute a waiver of such right or provision.

No agency, partnership, joint venture, or employment is created as a result of these Terms, and you do not have any authority of any kind to bind us in any respect whatsoever.

INTELLECTUAL PROPERTY

All custom graphics, icons, logos and service names are registered trademarks, copyright, trade or service marks of www.retailia.com.au

All other trademarks or service marks within this website are the property of their respective owners. Nothing in these Terms grants you any right to use any trademark, service mark, logo, and/or our name or any of our Suppliers.

You are solely responsible for obtaining written permission before re-using any copyrighted material that is available on this website. Any unauthorized use of the materials appearing on this website may violate copyright, trademark and other applicable laws and could result in criminal or civil penalties.

TRANSFER AND ASSIGNMENT

Should www.retailia.com.au merge, sell or otherwise change control of our business or this website to a third-party, we reserve the right, without giving notice or seeking any additional consent from you, to transfer or assign the personal information, content and rights that we have collected from you and any agreements we have made with you.

GOVERNING LAW

These Terms are governed by the laws of NSW which are in force from time to time and both you and we agree to submit to the exclusive jurisdiction of the Courts of NSW for determining any dispute concerning these Terms.

DEFINITIONS

"Buyer" means anyone who purchases any goods or services through the website;

“Content” means any and all material, links, words, images including but not limited to any goods and services the Supplier submits or advertises on the website;

"Fees" means our advertising fee, and any bank charges which are listed on our website and may be subject to change from time to time;

"Listing Guidelines" means the guidelines we provide you to assist you with your advertisement on our website;

"Posts means any comments, information, recommendations or posts by Buyer;

“Supplier” means a member Supplier who has set up an account and offers their goods or services through the website;

“the website” means retailia.com.au

“We”, “our” and “us” means Retailia Pty Ltd; and

“You” means the Supplier and any individual and business using our advertising and associated services and by doing so, agreeing to these Terms.