BAG OF ROSES - TERMS AND CONDITIONS

With a passion for luxury products and the second hand economy, our online platform aims to make it easy to buy and sell luxury products (Platform) and is operated by Suzie Prasad t/as Bag of Roses (ABN 88 680 270 156) or its successors and assignees (we, our or us).It is available at: bagofroses.com.au and may be available through other addresses or channels.
    In these terms and conditions, Platform refers to our marketplace regardless of how you access it.

        Acceptance

        By accessing and/or using our Platform, you; each person, entity or organisation using our Platform (referred to as you) (i) warrant to us that you have reviewed these terms and conditions, including our Privacy Policy (available on the Platform) (Terms), with your parent or legal guardian (if you are under 18 years of age); (ii) warrant to us that you have the legal capacity to enter into a legally binding agreement with us or (if you are under 18 years of age) you have your parent’s or legal guardian’s permission to access and use the Platform and they have agreed to the Terms on your behalf; and (iii) agree to use the Platform in accordance with these Terms. You must not use the Platform unless you are at least 16 years old.
          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.

              About the Platform

              The Platform offers two options for sellers who choose to sell their products via the Platform (Sellers) and for buyers who are browsing the Platform and purchasing from the Platform (Buyers).
                First, the Platform offers the option for the Seller to send the product to us to take care of the selling process on behalf of the Seller (Platform Sale).
                  The Platform also offers the option of an introductory marketplace which is an introductory service for Sellers to connect with Buyers and sell their products direct to Buyers, allowing the Seller to keep possession of their product until it has been posted by the Seller to the Buyer (Introductory Marketplace).

                      Platform Sale – Send Your Item Listing

                      (a) As a Seller you may choose to ask us to handle the sale process for you (Send Your Item Listing). To do this you will submit a request with us. We will ask you to confirm that your product is a luxury designer product produced by the named designer as per the accepted brands list on the platform, to provide a complete and accurate description of the product and photographs of the product. We will provide you with a quote which suggests the price the product is likely to sell for and agree on a minimum price for the sale, you must confirm your acceptance of this in writing. We will then confirm that we accept your product (which we may refuse to do in our sole discretion) and we will organise free signed shipping from you to us.
                      (b) In providing your product to us you warrant that the product is an authentic luxury product produced by the named designer and that you have sole and unencumbered title to the product.
                      (c) Once we receive your product, we will (i) have the product authenticated; (ii) cleaned; (iii) create the Send Your Item Listing on the Platform; (iv) store your product securely until the time of sale; (v) organise delivery of the product to the Buyer; and (vi) facilitate payment minus our service fee once the sale is complete.
                      (d) If in authenticating the product we deem the product to be a counterfeit product we will notify you. You will then have the chance to provide proof of authenticity for our consideration. However, you agree our determination is final. On a final determination that the product is counterfeit we will notify you and we will return the product to you subject to you paying for the expense incurred by us in authenticating your product and for the return delivery of your product to you, plus $50 to account for our administration costs. You agree this is a genuine pre-estimate of our loss.
                      (e) If you change your mind and wish to remove your product from sale you must notify us in writing and we will return the product to you subject to you paying for the product’s return delivery to you, expense incurred by us in authenticating your product and a $50 admin fee.
                      (f) We will use commercially reasonable endeavours to sell your product but we cannot guarantee that the price in the quote will be met or that your product will sell. We will work with you in discounting the product before updated pricing goes live on the platform.
                      (g) Send Your Item Listing Risk: Risk will pass from you as the Seller to us, (i) where we organise delivery of the product from you to us, at the time of collection of the product by us or our third party courier from you; or (ii) where you send the product to us at the time of the acceptance of the delivery of the product by us.
                      (h) Send Your Item Listing Title: You, as the Seller acknowledge and agree that legal title in the product will remain, at all times, with you until the Buyer has paid for the product or we purchase the product from you.
                      (i) If we would like to purchase a Send Your Item Listing product from you we may place an Order with you which you may choose to accept. If you accept our Order then on payment of the Listing fee by us to you, minus our service fee, title in the product will pass to us.
                      (j) If the product is lost or becomes damaged while in our possession and the loss or damage was within our reasonable control and was not contributed to by your negligence, we will pay you an amount as determined by us to account for the loss of the product or damage to the product based on the value of the product as previously determined by us in the quote we provided to you.
                      (k) At any time before the time of the sale of the product to a Buyer, we may choose to stop selling your product for any reason without any liability.

                          The Introductory Marketplace – Keep Your Item Listing

                          (a) To set up as a Seller on the Introductory Marketplace, a Seller with an ability to supply authentic luxury designer products (1) creates an account on the Platform and (2) posts an accurate and complete description of the products to be supplied (including a minimum of 6 photos of the products, the minimum fee or price to be paid by the Buyer, and GST payable) (Keep Your Item Listing).
                          (b) By creating a Keep Your Item Listing for products, the Seller confirms that (i) s/he is legally entitled and capable of supplying the products described in the Keep Your Item Listing; (ii) warrants that the product is an authentic luxury item produced by the named designer as per the accepted brands list on the platform; (iii) that the Seller has sole and unencumbered title to the product; and (iv) can provide a receipt of purchase and/or an authenticity card from a professional authenticator. If a Keep Your Item Listing does not meet the listing requirements we may in our sole discretion remove the Keep Your Item Listing.
                          (c) If a Buyer has a question about a Keep Your Item Listing on the Introductory Platform the Buyer can communicate with a Seller on the Platform via our contact form and we will respond or pass that message on to the Seller.
                          (d) You understand and agree that the Introductory Marketplace 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 Sellers are not our employees, contractors, partners or agents.
                          (e) We are not a party to any agreement entered into between a Seller and a Buyer for a sale via the Introductory Marketplace. We have no control over the conduct of Sellers, Buyers or any other users of the Introductory Marketplace.
                          (f) We accept no liability for any aspect of the Buyer and Seller interaction on the Introductory Marketplace, including but not limited to the description of products offered, and the delivery of the products.
                          (g) In addition to terms and conditions for sales and purchases from us on behalf of the Seller via a Platform Sale these Terms also include terms applicable to Introductory Marketplace purchases/sales for Buyers and Sellers throughout.

                              Registration and Profiles

                              (a) 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, such as to post a listing as a Seller or place an Order as a Buyer.
                              (b) You may only have 1 Account on the Platform.
                              (c) You must provide basic information when registering for an Account including name, email address, and location and you may choose a username and password. The username you choose must not (i) be offensive or in other ways insulting or (ii) contain characteristics which belong to a third party, including names of famous persons, or personal names to which you do not own the rights.
                              (d) 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.
                              (e) You are responsible for keeping your Account 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.
                              (f) You will immediately notify us of any unauthorised use of your Account.
                              (g) At our sole discretion, we may refuse to allow any person to register or create an Account.

                                  Quotes

                                  (a) Any quote we provide to you is based on the description, pictures or our examination of the product, our assessment of the market value of the product and the data we have on the prices typically paid by Buyers on our Platform.
                                  (b) Any quote is general guidance only for your convenience and is not a guarantee you will receive Offers of this price or that your product will sell. We do not accept any liability to you for your reliance on any quote we provide.

                                      Making a Purchase

                                      (a) A Buyer wishing to purchase products (i) creates an account on the Platform, (ii) reviews the Keep Your Item Listings and Send Your Item Listings uploaded by Sellers or by us and (iii) chooses to buy and order the product. (Order)
                                      (b) It is the Buyer’s responsibility to check the Keep Your Item Listing or Send Your Item Listing details, including selected products and their price before submitting an Order. By submitting an Order the Buyer warrants that they are willing and able to pay the price.
                                      (c) Once a Buyer’s Order has been received and has been accepted by us or communicated to the Seller and accepted by us on the Seller’s behalf, the Buyer will be notified and the Order will form a binding agreement to purchase (for an Introductory Marketplace Sale between the Seller and the Buyer, or for a Platform Sale between us and the Buyer).
                                      (d) When you order and pay for a Platform Sale (between us and you) and your payment has been validated, we will provide you with order details, which may include an order number, an order ID, the delivery and billing addresses and a description of what was ordered.
                                      (e) For an Introductory Marketplace sale (directly between the Seller and you), the Seller will arrange delivery and provide details to you.
                                      (f) After an Introductory Marketplace Order has been successfully delivered, the Seller must mark the Order as complete on the Platform before the Seller may receive payment for the Order. (Completed Order)

                                          Fees and Payments

                                          (a) It is free to register an Account on the Platform. There is no charge for a Buyer, or for other users to review content on the Platform.
                                          (b) A Buyer must pay the relevant fees set out in Keep Your Item Listing or Send Your Item Listing at the time when the Buyer places their Order (Listing Fees).
                                          (c) Any payments will be made through our third party payment processor, currently PayPal or by any other payment method set out on the Platform such as Afterpay and ZipPay.
                                          (d) Payment for a product using Afterpay is subject to Afterpay's terms and conditions (available via their website: https://www.afterpay.com/). Any payment and repayment enquiries or complaints relating to an Afterpay payment must be directed to Afterpay directly, and are not our responsibility.
                                          (e) Payment for a product using ZipPay is subject to ZipPay's terms and conditions (available via their website: https://zippay.com.au). All payment and repayment enquiries or complaints relating to a ZipPay payment must be directed to ZipPay directly, and are not our responsibility.
                                          (f) Upon the completion of an Order or the Seller marking the Order as a Completed Order on the Platform and the passing of the refund period (14 days after the Order has been placed) for a Send Your Item Listing, the Listing Fees will be paid to the Seller by us after deduction of our service fee which is calculated as a percentage of the Listing Fees based on whether it is a Keep Your Item Listing or a Send Your Item Listing and as set out on the Platform.
                                          (g) To the extent permitted by law, our service fee is non-cancellable and non-refundable.

                                              Limited Payment Collection Agent

                                              (a) Each Seller appoints us as the Seller’s limited payment collection agent solely for the purpose of accepting the Listing Fees from the Buyer.
                                              (b) Sellers agree that payment of Listing Fees by a Buyer to us (as the Services Provider’s limited payment collection agent) is to be considered the same as payment made directly by the Buyer to the Seller and the Seller will provide the purchased services to the Buyer as agreed, as if the Seller had received payment directly from the Buyer.
                                              (c) Each Seller agrees that we may refund Buyers in accordance with these Terms. Each Seller agrees that our obligation to pay the Seller is subject to and conditional upon successful receipt of the relevant payments from Buyers.
                                              (d) We guarantee payment to Sellers only for such amounts that we have successfully received from Buyers in accordance with these Terms. In accepting appointment as the limited payment collection agent of the Seller, we assume no liability for acts or omissions of the Seller.
                                              (e) In the event that we do not remit Listing Fees as set out in the Payment clause above, Sellers will only have recourse against us and not the Buyer directly.

                                                  Delivery

                                                  Platform Sales/Send Your Item Listings
                                                  (a) For Platform Sales we will deliver the products to the delivery address you provide when making your order. We currently deliver to areas as set out on the Platform. Please refer to the delivery information on the Platform to ensure you are in our delivery area. If you are not in our delivery area please contact us to discuss delivery options.
                                                  (b) Delivery is free in Australia and for international delivery the delivery fees are set out on the Platform.
                                                  (c) We normally dispatch products within 48hours of receiving an order, unless otherwise noted on the Platform. Any delivery periods displayed on the Platform are estimates only, based on the information provided by the delivery company.
                                                  (d) If you need to change the delivery date or delivery address, please notify us immediately in writing.
                                                  (e) All deliveries must be signed for. If neither you nor your authorised representative is at the delivery address to accept delivery, the delivery company will generally deliver the products to your nearest post office.
                                                  (f) Title to the products will remain with us until you have paid us the Listing Fee in full in accordance with the Terms. Until title passes, you must not do anything which seeks to create an encumbrance, lien, charge or other interest in or over the products.
                                                  (g) Risk in the products will pass to you immediately upon commencement of delivery of the products at the delivery address, subject to you or your authorised representative signing for delivery. Once risk in the products passes, you will be solely responsible for the product.
                                                      Introductory Marketplace/Keep Your Item Listing
                                                      (a) The Seller is responsible for organising delivery for a Keep Your Item Listing sale on the Introductory Marketplace.
                                                      (b) As a Seller you agree you it is a condition of using the Platform that you will send any products in a Keep Your Item Listing via a delivery option which is registered and requires a signature on delivery.
                                                      (c) As a Buyer, if you have placed an Order on the Introductory Marketplace for a product in a Keep Your Item Listing to discuss any delivery enquiries, details or complaints please contact us via the contact us form and we will pass your message on to the Seller.

                                                          Refund and Cancellation Policy

                                                          Platform Sale/Send Your Item Listing
                                                          (a) Buyers please note, we accept change of mind returns for Orders within Australia and within 14 days of your Order date. You are responsible for the delivery costs associated with the return of the product and ensuring its safe delivery to us. We recommend you use registered post and take out postal insurance for the product. Please contact us via the Platform or the email at the end of these Terms to let us know you are returning the product and your preference for a refund or credit note. On receiving the returned product we will examine the product and when we are satisfied it is in the same condition as the condition it was sent to you in we will process your refund or credit note as applicable.
                                                          (b) As a Buyer for any other returns, please contact us via the Platform or the email at the end of these Terms and we will discuss your options with you.
                                                          (c) As a Seller, if we find that we must refund the Seller we will do so and any amount paid to you for the refunded Order will be a debt due and payable to us by you.
                                                            Introductory Marketplace/Keep Your Item Listing
                                                            Any cancellation, exchange or refund of products purchased on the Introductory Marketplace via a Keep Your Item Listing is strictly a matter between the Seller and the Buyer. The terms and conditions agreed to between the Seller and the Buyer should be set out clearly in Keep Your Item Listing in respect of the products.

                                                                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.

                                                                    Prohibited conduct

                                                                    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, consumer laws, zoning and tax regulations;
                                                                      (f) using our Platform to find a Buyer or Seller 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 Seller, offering any products that you do not intend to honour or cannot provide;
                                                                      (h) using our Platform to send unsolicited email messages; or
                                                                      (i) 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.

                                                                              Information

                                                                              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. The 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:
                                                                                      (1) altering or modifying any of the Content;
                                                                                      (2) causing any of the Content to be framed or embedded in another website; or
                                                                                      (3) creating derivative works from the Content.

                                                                                          User Content

                                                                                          You may be permitted to post, upload, publish, submit or transmit relevant information and content (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.

                                                                                                    Consumer Guarantees

                                                                                                    (a) 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 our provision of our services which cannot be excluded, restricted or modified (Statutory Rights).
                                                                                                    (b) Nothing in these Terms excludes your Statutory Rights as a consumer under the ACL.
                                                                                                    (c) The products provided by a Seller might also confer you certain Statutory Rights.

                                                                                                        Warranties, disclaimers and indemnity

                                                                                                        To the extent permitted by law, we make no representations or warranties about our Platform, the Content, Sellers, Buyers, or Keep Your Item Listings or products 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) products will be requested by Buyers or that Buyers will find desirable the products;
                                                                                                          (e) Keep Your Item Listing products are of a particular standard of workmanship or meet the Keep Your Item 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 or where no fees have been paid $10; 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 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:
                                                                                                                (1) loss of, or damage to, any property, or any injury or loss to any person;
                                                                                                                (2) failure or delay in providing the Platform or our services; or
                                                                                                                (3) breach of these Terms or any law,
                                                                                                                where caused or contributed to by any:
                                                                                                                (4) event or circumstance beyond our reasonable control;
                                                                                                                (5) a fault , defect, error or omission in your computing environment; or
                                                                                                                (6) act or omission of you or your related parties,
                                                                                                                (7) 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 Platform or products.
                                                                                                                (d) You acknowledge and agree that (i) you use the Platform or our services at your own risk, (ii) 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.
                                                                                                                (e) 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.
                                                                                                                (f) 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.
                                                                                                                (g) This clause will survive the termination or expiry of these Terms.

                                                                                                                    Termination

                                                                                                                    (a) 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. If you cancel your Account as a Seller, any Orders will be automatically cancelled and your Buyers will receive a full refund and where you have a Send Your Item Listing your product will be returned to you upon payment of a termination fee equal to 25% of the price in your Send Your Item Listing (which you agree is a genuine pre-estimate of our loss and includes the costs for the cleaning of the product, the authenticating of the product, our administrative costs and the return delivery of your product from us to you). If you cancel your Account as a Buyer:
                                                                                                                    (1) for a Platform Sale there will be no refund; and
                                                                                                                    (2) for an Introductory Marketplace sale any refund will depend upon the terms of the cancellation policy in the Seller’s Keep Your Item Listing.
                                                                                                                    (b) At our sole discretion, we may suspend your Account or terminate these Terms immediately with notice if (i) you are in material breach of these Terms, any applicable laws, regulations or third party rights (ii) as a Seller your Keep Your Item Listings at any time significantly fail to meet any applicable quality or eligibility criteria, (iii) or we have received a number of complaints about you including due to repeated cancellations of Orders.
                                                                                                                    (c) If we suspend your Account or terminate these Terms, we will cancel any existing Orders and in the case of a Seller breach, refund the relevant Buyers, and in the case of a Buyer breach, you will lose any amounts paid. As above, where you are a Seller and you have a Send Your Item Listing your product will be returned to you upon payment of a termination fee equal to 25% of the price in your Send Your Item Listing (which you agree is a genuine pre-estimate of our loss and includes the cost for the cleaning of the product, the authenticating of the product, our administrative costs and the return delivery of your product from us to you).
                                                                                                                    (d) For Introductory Marketplace disputes:We encourage Sellers and Buyers to attempt to resolve disputes (including claims for returns or refunds) with other users directly. Disputes with us: 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.

                                                                                                                        Insurance

                                                                                                                        We recommend that Sellers obtain appropriate insurance for their products. If you are a Seller 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.

                                                                                                                            Collection Notice

                                                                                                                            (a) We collect personal information about you in order to enable you to access and use the Platform, to contact and communicate with you, to respond to your enquiries and for other purposes set out in our Privacy Policy.
                                                                                                                            (b) 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.
                                                                                                                            (c) Our Privacy Policy contains further information about: (i) how we store and use your personal information; (ii) how you can access and seek correction of your personal information; (iii) how you can make a privacy-related complaint; and (iv) our complaint handling process.
                                                                                                                            (d) By providing personal information to us, you consent to us collecting, holding, using and disclosing your personal information in accordance with our Privacy Policy.

                                                                                                                                General

                                                                                                                                Variation: We may modify these Terms from time to time and notify 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. Any Orders placed before the modification of the terms and conditions will continue to be subject to the terms and conditions which were in effect at the time that the Order was made.
                                                                                                                                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 New South Wales, Australia. You irrevocably and unconditionally submit to the exclusive jurisdiction of the courts operating in New South Wales, Australia and any courts entitled to hear appeals from those courts and waive any right to object to proceedings being brought in those courts.
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                                                                                                                                    Last update: February 2019
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