CUSTOMER TERMS AND CONDITIONS

Accent Ozsale Pty Ltd (ACN 144 955 117) (we, us, Ozsale, Nzsale and similar expressions) provides the Ozsale online marketplace in Australia and the Nzsale online marketplace in New Zealand as a platform for sellers to list and sell goods to third party buyers.

These terms and conditions govern your use of the Ozsale platform, accessible at https://www.ozsale.com.au/ and/or the Nzsale platform, accessible at https://www.nzsale.co.nz/ and as mobile application available on the Apple iOS Store and the Google Play Store (each, as applicable, a Platform).

Our Platform offers products for sale in the following ways:

1. Direct from Ozsale or NZsale;

2. Through feeds from our international partners; and

3. Via a range of selected third party marketplace sellers.

Each has its own returns process and processing timeframes. Please refer to the product listing and/or your proof of purchase to determine the relevant seller details as well as information and guidelines on returns.

Throughout these terms and conditions:

• "Services" means our mobile applications available on the Apple iOS Store and the Google Play Store, our website and any associated introductory services we offer;

• "Listing" means a listing that a Seller uploads to offer to provide goods via the Platform;

• "Users" means anyone using the Platform either to buy or to sell goods;

• "Sellers" means all Users who sell or offer to sell goods through the Platform. This includes Ozsale/Nzsale in relation to goods that are offered directly by us for sale by us through the Platform; and

• "Marketplace Seller" means Users who sell or offer to sell goods through the Platform and have no relationship to us, or Accent Group.

If you access or download our mobile applications, you agree to Apple's Licensed Application End User License Agreement and any usage rules set forth in the App Store Terms of Service or the Android, Google Inc. Terms and Conditions including the License Agreement and Terms of Application.

1 ELIGIBILITY

(a) The Platform is not intended for unsupervised use by any person under the age of 18 years old or any person who has previously been suspended or prohibited from using the Platform. By using the Platform, you represent and warrant that you:

(i) have not been suspended or prohibited from using the Platform; and

(ii) are either:

(A) over the age of 18 years and accessing the Platform for personal use; or

(B) accessing the Platform on behalf of someone under the age of 18 years old and consent to that person's use of the Platform.

(b) Please do not access the Platform if you are under the age of 18 years old and do not have your parent or guardian's consent, or if you have previously been suspended or prohibited from using the Platform. 

(c) You acknowledge and agree that some items sold through the Platform may only be available to Users over the age of 18. 

(d) If you use the Platform on behalf of a company or organisation you warrant that you have the necessary authority from that company or organisation to do so.

2 ACCOUNTS

(a) In order to use most of the functionality of the Platform, all Users are required to sign-up, register and create an account through the Platform (an Account).

(b) As part of the Account registration process and as part of your continued use of the Platform, you are required to provide personal information and details, such as your email address, first and last name, credit card details, preferred username, a secure password, billing, postal and physical addresses, mobile phone number and other information as determined by us from time to time. The collection, use, storage and sharing of your personal information is in accordance with our Privacy Policy.

(c) You warrant that any information you give to us in the course of completing the Account registration process will always be accurate, honest, correct and up-to-date.

(d) You may register for an Account using your Facebook (Social Media Account). If you sign in to your Account using your Social Media Account, you authorise us to access certain information on your Social Media Account including but not limited to your current profile photo and other basic information.

(e) Once you complete the Account registration process, we may, in our absolute discretion, choose to accept you as a registered user within the Platform and provide you with an Account.

(f) We reserve the right to contact you about any concerning behaviour by you, or to seek a resolution with you.

(g) We may, in our absolute discretion, suspend or cancel your Account for any reason, including for any failure to comply with these terms and conditions.

3 USER OBLIGATIONS

As a User, you agree:

(a) not to intimidate, harass, impersonate, stalk, threaten, bully or endanger any other User or distribute unsolicited commercial content, junk mail, spam, bulk content or harassment;

(b) not to share your Account with any other person. You must immediately notify us of any unauthorised use of your Account, password or email, or any other breach or potential breach of the Platform security;

(c) not to use the Platform for any purpose other than for the purpose of making arrangements to provide or receive goods, including:

(i) not to use the Platform in a manner that is illegal or fraudulent or facilitates illegal or fraudulent activity (including requesting or accepting a job or a sale which includes illegal goods, activities or purposes); and

(ii) not to use the Platform in connection with any commercial or money making or other promotional or marketing endeavours except those that are endorsed herein, or as approved in writing by us; 

(d) not to act in any way that may harm the reputation of OzSale or NZSale or associated or interested parties or do anything at all contrary to the interests of OzSale, NZSale or the Platform; 

(e) not to make any automated use of the Platform and not to copy, reproduce, translate, adapt, vary or modify the Platform without our express written consent; 

(f) that OzSale or NZSale may change any features of the Platform, or the Services or goods offered through the Platform at any time without notice to you;

(g) that information given to you through the Platform is general in nature. We take no responsibility for anything caused by any actions you take in reliance on that information; and

(h) that we may cancel your account at any time, including if we consider that you are in breach or are likely to breach this clause 3. 

4 LISTINGS AND FEES

You acknowledge and agree that:

(a) if you accept a Listing, that will constitute your entry into a contract with the Seller;

(b) for each Listing you respond to, you must pay the amount quoted to you by the Seller (Sales Price).  For Marketplace Seller Listings, we will keep a service fee which will be a percentage of the Sales Price and not an additional fee to you (Service Fee).  We will transfer the balance of the Sales Price minus the Service Fee (Sellers’ Fee) to the Marketplace Seller; and

(c) once you have paid the Sales Price and such payment is received by us, the accepted Listing becomes an order (Order). Any terms and conditions relating to goods or Orders (and any associated services) or a quote provided via the Platform in respect of a Marketplace Seller Listing are solely between you and the Marketplace Seller and do not involve us in any way, except that they must not be inconsistent with either party's obligations under this agreement.

5 PAYMENT

(a) You must pay for all goods specified in a Listing prior to the Seller providing those goods.

(b) In the event the Seller discovers an error or inaccuracy in any price at which your order was purchased via the Platform, we reserve the right to:

(i) Immediately withdraw the product from sale.

(ii) Cancel any unprocessed orders placed at the incorrect price.

(iii) Cancel any processed orders placed at the incorrect price, followed by a full refund to the original payment method used to purchase the item.

6 CANCELLATIONS

(a) We will have no liability or obligation to you if a Marketplace Seller cancels and refunds a Marketplace Seller Listing at any time after you have accepted it and you will not be entitled to any compensation from us.

(b) If you wish to cancel an Order for a Marketplace Seller Listing before the Marketplace Seller has fulfilled the requirements specified in the relevant Listing, you must contact the Marketplace Seller.

(c) Whether the Marketplace Sellers’ Fee is refundable to you in respect of an Order will depend on the cancellation and refund policy of the Marketplace Seller.  The Service Fee is non refundable, however we may in our absolute discretion determine whether to issue a refund in certain circumstances.

7 RETURNS & EXCHANGES

(a) (Change of mind return) We understand that you may not have the opportunity to inspect or test the goods before purchasing. For this reason, the Seller will accept change of mind returns on all goods that comply with our Change of Mind/Returns Policy, provided that:

(i) you make a request for such a return within 30 days of receiving the relevant goods; and

(ii) return the goods to the Seller in their original condition at your own cost. 

For all change of mind returns, you will be provided with a refund at the amount the goods were purchased for. 

Your consumer guarantees under Competition and Consumer Act 2010 (Cth) and Consumer Guarantees Act 1993 No 91 do not apply where you have simply changed your mind about the goods.

(b) (Defective goods) If you have received a product with a defect, please contact our Customer Care team so we can guide you through the returns process and help resolve the problem as swiftly as possible.  To assist, you may be required to send us images of the damage, defect or fault for preliminary assessment.  You may be asked to provide further information to support your claim to assist us with our assessment of the products.

(i) If the product is confirmed to have a minor defect, we will replace or repair the product (if repair is reasonably possible) or refund the price of the product to your original payment method, as appropriate.  

(ii) If the product is confirmed to have a major defect, you are entitled to elect whether you want us to replace or repair (if repair is reasonably possible) the product or refund the price of the product to your original payment method.  

(iii) If the product is found not to have a defect, or you otherwise do not have a remedy for a failure to comply with the consumer guarantees under the Australian Consumer Law, we will contact you to determine whether you want us to dispose of the product or return the product to you at your expense.

It does not constitute as a defect, if in our reasonable opinion, a product has become of unacceptable quality following the sale to you due to fair wear and tear, misuse, failure to use in accordance with manufacturers’ instructions, using it in an abnormal way or failure to take reasonable care.

8 PRODUCT INFORMATION

We endeavour to ensure that the descriptions and specifications in all Listings are accurate. However, photographs, drawings, illustrations, weights, dimensions and any other particulars accompanying, associated with or given in a quotation, descriptive literature or a catalogue are based on information provided by Marketplace Sellers, manufacturers and/or suppliers and, as such we do not guarantee that those descriptions and specification are accurate or free from errors or omissions. We reserve the right to make any necessary corrections to the descriptions or specifications without notice, including the removal of any listings.

Marketplace Sellers are solely responsible for the accuracy of their Listings.

All delivery times provided to you are estimates only and are dependant on the time of your transaction and are subject to postal delays and reasons beyond our control. We do not warrant or make any representation that your order will be delivered within the times indicated. We will not be liable for any loss or damage suffered as a result of or in connection with late deliveries.

Marketplace Sellers are solely responsible for the delivery of their products.

10 POSTED MATERIALS

10.1 WARRANTIES

By providing or posting any information, materials or other content on the Platform (Posted Material), you represent and warrant that:

(a) you are authorised to provide the Posted Material (including by being authorised to provide any services that you represent you provide);

(b) the Posted Material is accurate and true at the time it is provided;

(c) any Posted Material which is in the form of a review or feedback is honest, accurate and presents a fair view of the relevant person and/or your experience;

(d) the Posted Material is free from any harmful, discriminatory, defamatory or maliciously false implications and does not contain any offensive or explicit material;

(e) the Posted Material is not "passing off" of any product or service and does not constitute unfair competition; 

(f) the Posted Material does not infringe any Intellectual Property Rights, including copyright, trademarks, business names, patents, confidential information or any other similar proprietary rights, whether registered or unregistered, anywhere in the world;

(g) the Posted Material does not contain any viruses or other harmful code, or otherwise compromise the security or integrity of the Platform or any network or system; and

(h) the Posted Material does not breach or infringe any applicable laws.

10.2 LICENCE

(a) You grant to us a perpetual, irrevocable, transferable, worldwide and royalty-free licence (including the right to sublicense) to use, copy, modify, reproduce and adapt any Intellectual Property Rights in any Posted Material in order for us to use, exploit or otherwise enjoy the benefit of such Posted Material.

(b) If it is determined that you retain moral rights (including rights of attribution or integrity) in any Posted Material, you forever release us from any and all claims that you could assert against us by virtue of any such moral rights.

(c) You indemnify us against all damages, losses, costs and expenses incurred by us arising out of any third party claim that your Posted Material infringes any third party's Intellectual Property Rights.

10.3 REMOVAL

(a) We act as a passive conduit for the online distribution of Posted Material and have no obligation to screen Posted Material in advance of it being posted. However, we may, in our absolute discretion, review and remove any Posted Material (including links to you, your profile or listings you have posted on the Platform) at any time without giving any explanation or justification for removing the Posted Material.

11 ONLINE PAYMENT PARTNER

(a) We use third-party online payment partners, including Stripe, PayPal, VISA, Mastercard, AfterPay,  and link (Online Payment Partners) to collect payments on the Platform, including for our Services. 

(b) The processing of payments by the Online Payment Partners will be, in addition to this agreement, subject to the terms, conditions and privacy policies of the applicable Online Payment Partners. 

(c) You agree to release us and our employees and agents in respect of all liability for loss, damage or injury which may be suffered by any person arising from any act or omission of an Online Payment Partner, including any issue with security or performance of an Online Payment Partner's platform or any error or mistake in processing your payment.

(d) We reserve the right to correct, or to instruct our Online Payment Partners to correct, any errors or mistakes in collecting your payment. 

12 SERVICE LIMITATIONS

The Platform is made available to you strictly on an 'as is' basis. Without limitation, you acknowledge and agree that we cannot and do not represent, warrant or guarantee that:

(a) the Platform will be free from errors or defects;

(b) the Platform will be accessible at all times;

(c) messages sent through the Platform will be delivered promptly, or delivered at all;

(d) information you receive or supply through the Platform will be secure or confidential; or

(e) any information provided through the Platform is accurate or true.

13 INTELLECTUAL PROPERTY 

(a) We retain ownership of all materials developed or provided (or both, as the case may be) in connection with the Platform (including text, graphics, logos, design, icons, images, sound and video recordings, pricing, downloads and software) (Platform Content) and reserves all rights in any Intellectual Property Rights owned or licensed by it not expressly granted to you.

(b) You may make a temporary electronic copy of all or part of the Platform Content for the sole purpose of viewing it. You must not otherwise reproduce, transmit, adapt, distribute, sell, modify or publish the Platform Content without prior written consent from us or as permitted by law.

(c) In this clause 13, "Intellectual Property Rights" means all copyright, trade mark, design, patent, trade, business, company and domain names, confidential and other proprietary rights, and any other rights to registration of such rights whether created before or after the date of this agreement both in Australia, New Zealand and throughout the world.

14 THIRD PARTY CONTENT

The Platform may contain text, images, data and other content provided by a third party and displayed on the Platform (Third Party Content). We accept no responsibility for Third Party Content and make no representation, warranty or guarantee about the quality, suitability, accuracy, reliability, currency or completeness of Third Party Content.

15 LINKED BUSINESSES

You acknowledge and agree that:

(a) the Platform provides links and introductions to Sellers owned and operated by third parties that are not under our control;

(b) we simply facilitate an introductory service and such introduction does not imply any endorsement or recommendation by us of any Seller; and

(c) we do not examine, determine or warrant the certification and/or licensing, competence, solvency or information of any Seller who uses or is listed on the Platform.

16 COMMUNICATION OUTSIDE THE PLATFORM

(a) You must not communicate with a Seller, or request or entice a Seller to communicate with you, outside the Platform.

(b) We may, in our absolute discretion, cancel your Account and suspend you from using the Platform if we finds or suspect that you have breached or are in breach of this clause 17.

17 VOUCHERS

(a) Ozsale reserves the right to refuse the usage of promotional vouchers.

(b) Voucher exclusions may include, but are not limited to, gift cards,  knives, and the sale of items for over 18 years of age.

(c) Certain vouchers, including but not limited to promotional vouchers such as $10 vouchers issued upon subscription, are subject to specific conditions as outlined in their offer.

18 SECURITY

We do not accept responsibility for loss or damage to computer systems, mobile phones or other electronic devices arising in connection with your use of the Platform. You should take your own precautions to ensure that the process you employ to access the Platform does not expose you to the risk of viruses, malicious computer code or other forms of interference.

19 DISCLAIMER

(a) (Introduction service) The Platform is a medium that facilitates the introduction of shoppers and Sellers for the purposes of buying and selling goods. We simply collect a service fee in consideration for providing this introduction service and do not have any obligations or liabilities to, and are not parties to any contract between, shoppers and Sellers in relation to such goods or otherwise resulting from the introduction (unless we are the Seller).

(b) (Limitation of liability) To the maximum extent permitted by applicable law, we exclude completely all liability to any person for loss or damage of any kind, however arising whether in contract, tort (including negligence), statute, equity, indemnity or otherwise, arising from or relating in any way to the Platform. This includes the transmission of any computer virus.

(c) (Disclaimer) All express or implied representations and warranties are, to the maximum extent permitted by applicable law, excluded. Where any law (including the Competition and Consumer Act 2010 (Cth) and Consumer Guarantees Act 1993 No 91) implies a condition, warranty or guarantee into this agreement which may not lawfully be excluded, then to the maximum extent permitted by applicable law, our liability for breach of that non-excludable condition, warranty or guarantee will, at our option, be limited to the replacement of the goods or the supply of equivalent goods or their repair.

(d) (Indemnity) You agree to indemnify us and our employees and agents in respect of all liability for loss, damage or injury which may be suffered by any person arising from you or your representatives':

(i) breach of any term of this agreement; 

(ii) use of the Platform; or

(iii) your provision or receipt of goods from another User.

(e) (Consequential loss) To the maximum extent permitted by law, under no circumstances will we be liable for any incidental, special or consequential loss or damages, or damages for loss of data, business or business opportunity, goodwill, anticipated savings, profits or revenue arising under or in connection with the Platform, this agreement or their subject matter, or any goods and/or services provided by any User (except to the extent this liability cannot be excluded under the Competition and Consumer Act 2010 (Cth) and/or Consumer Guarantees Act 1993 No 91. 

20 CONFIDENTIALITY

You agree that:

(a) no information owned by us, including system operations, documents, marketing strategies, staff information and client information, may be disclosed or made available to any third parties; and

(b) all communications involving the details of other Users on these Platform are confidential, and must be kept as such by you and must not be distributed nor disclosed to any third party.

21 PRIVACY

You agree to be bound by the clauses outlined in our Privacy Policy.

22 TERMINATION

(a) We reserve the right to terminate a User's access to any or all of the Platform (including any Account, Listings and other memberships) at any time without notice, for any reason.

(b) In the event that a User's Account, access or membership is terminated:

(i) the User's access to all posting tools on the Platform will be revoked;

(ii) the User will be unable to view the details of all other Users (including contact details, geographic details, any other personal details and service listings or requests); and

(iii) the User may be unable to view the details of all Sellers (including contact details, geographic details and any other details), and all Listings previously posted by the respective User will also be removed from the Platform.

(c) Users may terminate their Account or membership on the Platform at any time by logging onto their Account and under the ‘My Details’ section selecting ‘Request account and data deletion’ and following the prompts.

23 RECORD / AUDIT

To the extent permitted by law, we reserve the right to keep all records of any and all transactions and communications made through this Platform between you and other Users (including conversations, user posts, job request bids, comments, feedback, cookies, and I.P. address information) for administration purposes and to produce these records in the event of any legal dispute involving OzSale and/or NZSale.

24 FRAUD PROTECTION

(a)  We may carry out activity to protect you from fraudulent orders and payments. A representative from OZSALE or NZSALE may contact you directly as part of this protection process.

(b) If we determine an order is potentially fraudulent, we will not dispatch goods until we are satisfied that cardholder identification has been achieved and our Fraud Protection Process has been completed.

(c) If you believe you have been a victim of fraud, please contact our Customer Service team.

25 NOTICES

A notice or other communication to a party under this agreement must be:

(a) in writing and in English; and

(b) delivered via email to the other party, to the email address specified in this agreement, or if no email address is specified in this agreement, then the email address most regularly used by the parties to correspond for the purposes of the subject matter of this agreement as at the date of this agreement (Email Address). The parties may update their Email Address by notice to the other party.

(c) Unless the party sending the notice knows or reasonably ought to suspect that an email was not delivered to the other party's Email Address, notice will be taken to be given:

(i) 24 hours after the email was sent, unless that falls on a Saturday, Sunday or a public holiday in the state or territory whose laws govern this agreement, in which case the notice will be taken to be given on the next occurring business day in that state or territory; or

(ii) when replied to by the other party,

whichever is earlier.

26 GENERAL

26.1 GOVERNING LAW AND JURISDICTION

This agreement is governed by the law applying in Victoria, Australia. Each party irrevocably submits to the exclusive jurisdiction of the courts of Victoria, Australia and courts of appeal from them in respect of any proceedings arising out of or in connection with this agreement. Each party irrevocably waives any objection to the venue of any legal process on the basis that the process has been brought in an inconvenient forum.

26.2 WAIVER

No party to this agreement may rely on the words or conduct of any other party as a waiver of any right unless the waiver is in writing and signed by the party granting the waiver.

26.3 SEVERANCE

Any term of this agreement which is wholly or partially void or unenforceable is severed to the extent that it is void or unenforceable. The validity and enforceability of the remainder of this agreement is not limited or otherwise affected.

26.4 JOINT AND SEVERAL LIABILITY

An obligation or a liability assumed by, or a right conferred on, two or more persons binds or benefits them jointly and severally.

26.5 ASSIGNMENT

A party cannot assign, novate or otherwise transfer any of its rights or obligations under this agreement without the prior written consent of the other party.

26.6 ENTIRE AGREEMENT

This agreement embodies the entire agreement between the parties and supersedes any prior negotiation, conduct, arrangement, understanding or agreement, express or implied, in relation to the subject matter of this agreement.