MARKETLFYETERMS & CONDITIONS

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April 1, 2023

Last updated: 29 June 2021

MARKETLFYE

TERMS & CONDITIONS

INTRODUCTION

These terms govern your use of the MarketLfye online platform and associated services (Platform). By using the Platform, you agree to be bound by these terms which forms a binding contractual agreement between you (you, your), and us, JWON1 Pty Ltd trading as MarketLfye (ABN 22 629 408 340) (we, us, our).

The Platform connects users of the Platform, including you (Users), who want to sell (Sellers) and Users who want to buy (Buyers) Products and similar items (Items). The Platform allows:

  • Sellers to post listings for Items they want to sell
  • Buyers to connect with, and purchase Items listed for sale on the platform by “Sellers”

“Seller Listings are now collectively Listings”

Payment for listings can be completed either online via the Payment Provider (where applicable) (defined in

Part 1 – Clause 7(a)), or via alternative arrangements made by both the Buyer and Seller. Users can also communicate with each other via the messaging and chat function (Message and Chat Function). 

The remainder of these terms are divided into three parts:

  • Part 1 – which sets out terms that apply to all Users;
  • Part 2 – which sets out additional terms that apply to Buyers when purchasing Items from Sellers’ listings; and 
  • Part 3 –which sets out additional terms that apply to Sellers when listing Items for sale.

This means:

  • If you intend to use the Platform as a Buyer, only Part 1 and Part 2 of these terms will apply to you.
  • If you intend to use the Platform as a Seller, only Part 1 and Part 3 of these terms will apply to you.

You may be both a Buyer and Seller.

To help you read these terms, capitalised words and phrases used in these terms have the meaning given by the words immediately preceding any bolded and bracketed word(s) or phrase(s).

We may update any part of these terms at any time without notice to you. By continuing to use the Platform, after such an update, you agree to be bound by these terms as amended.

We encourage you to check the date at the top of these terms to see when we last updated it.

  • Part 1: All Users
  • 1. ELIGIBILITYThis Platform is not intended for 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:have not been suspended or prohibited from using the Platform; andare over the age of 18 years and accessing the Platform for your personal use. Please do not access the Platform if you are under the age of 18 years old, or if you have previously been suspended or prohibited from using the Platform. 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. If you are signing up not as an individual but on behalf of your company, your employer, an organisation, government or other legal entity (Represented Entity), then “you” and “User” means the Represented Entity and you are binding the Represented Entity to these terms. If you are accepting these terms and using the Platform on behalf of a Represented Entity, you represent and warrant that you are authorised to do so.
  • 2. ACCOUNTS
    • ACCOUNT REGISTRATION AND INFORMATION
      • In order to post Listings, connect with Buyers or Sellers or use most of the functionality of the Platform, Users are required to register an account (Account).
      • As part registering for an Account 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, preferred username, a secure password, address, mobile phone number, and other information as determined by us from time to time.
      • You warrant that any information you give to us while registering for an Account will always be accurate, honest, correct and up-to-date.
      • Once you complete the Account registration process, we may, in our discretion, choose to accept you as a registered user within the Platform and provide you with an Account.
      • We may suspend or cancel your Account at any time, for any reason and without notice to you.
    • ACCOUNT CORRESPONDENCES
      • We may correspond with you via the email or mobile phone number set out in your Account.  
    • ACCOUNT SECURITY
      • You agree that you’re solely responsible for:
        • maintaining the confidentiality and security of your Account information and your password; and
        • any activities and those of any third party that occur through your Account, whether those activities have been authorised by you or not.
      • You also agree to let us know if you detect any unusual activity on your Account as soon as you become aware of it.
      • We won’t be responsible to you for, and exclude any liability for damages or loss (including consequential loss) arising from or in connection to a failure by you to maintain the security of your Account information or your password.
    • CANCELLATION AND SUSPENSION OF ACCOUNT

We may suspend or cancel your Account at any time, for any reason and without notice to you.

As a User, you agree:

  • 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;
    • to not share your Account with any other person and that any use of your Account by any other person is strictly prohibited. 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’s security;
    • to not use the Platform in a manner that is illegal or fraudulent or facilitates illegal or fraudulent activity (for example buying or selling stolen Items);
    • not to act in any way that may harm our reputation or the reputation of our associated or interested parties or do anything at all contrary our or the Platform’s interests;
    • not to make any automated use of the Platform (including by any robot, spider, scraper, data mining tools, data gathering and extraction tools) and you must not copy, reproduce, translate, adapt, vary or modify the Platform;
    • we may change any features of the Platform at any time without notice to you;
    • we only act as an introductory service between Users and that any interaction you have with another User is entirely at your own risk and we take no responsibility for any consequences; and
    • we may suspend or cancel your Account at any time for any reason.
  • 4. POSTED MATERIALS
    • WARRANTIES

By posting a Listing, using the Message and Chat Function with another User, or otherwise providing or posting any information, materials or other content on the Platform (Posted Material), you represent and warrant that:

  • you are authorised to provide the Posted Material;
    • the Posted Material is accurate and true at the time it is provided;
    • 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;
    • the Posted Material is free from any harmful, discriminatory, defamatory or maliciously false implications and does not contain any offensive or explicit material;
    • the Posted Material does not infringe any copyright, trade mark, design, patent, semiconductor and circuit layout rights, 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 these terms both in Australia and throughout the world (Intellectual Property Rights);
    • 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
    • the Posted Material does not breach or infringe any applicable laws.
    • LICENCE
      • 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.
      • 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.
      • 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.
    • REPORTS

If there are any problems or concerns with any Posted Materials on the Platform, please contact us at the designated contact email address set out on the Platform from time to time.

  • REMOVAL
    • 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.
    • You agree that you are responsible for keeping and maintaining records of Posted Material.
  • 5. USER VERIFICATIONWe may require Users to verify their details and any licences that may be required to be held by a User (Verification), using our internal process or a third party verification service provider (Verification Provider). You must provide us with any details and licences if we request them from you. We will collect your personal information in accordance with our Privacy Policy. Where a Verification Provider is used, you acknowledge and agree that: we may contact and share your personal information with the Verification Provider; andyou consent to us receiving, sharing and using this information to enable us to carry out the Verification.We may charge fees for Verification. Any fees will be set out on the Platform.You acknowledge and agree that:our internal process for Verification may also use a Verification Provider and we are reliant on the information provided by the Verification Provider. To the extent permitted by law, we disclaim all warranties that the Verification will be accurate or guarantee that Verification will ensure the suitability of a User if that User is licensed;you should make your own enquiries as to other Users’ identities before engaging with those Users; andwe do not endorse any User, Listings, Items or Verification Provider.
  • RATINGS AND ReviewS Users may rate other Users (Rating) and provide feedback to other Users regarding their experience with a User (Review). Ratings and Reviews may be viewed by other Users.Users must provide true, fair and accurate information in their Reviews.We may delete a Review or ban a User from posting Reviews for any reason. We do not undertake to review each Review.To the maximum extent permitted by law, we are not responsible for the content of any Reviews.You must not post a Review for Users to which you have personal or professional relations.Users can only write a Review about another User if they have had a buying or selling experience with that User, which means that:they have purchased an Item from that Seller;they have sold an Item to that Buyer; oryou can otherwise document that you had a buying or selling experience with that User, including via correspondence or other interaction with the User,

(collectively referred to as a Service Experience).

  • You must only write about your own Service Experience. You may not write a Review about somebody else’s Service Experience.
    • Your Service Experience must have occurred within the last 12 months.
    • You are encouraged to be specific and factual in your Reviews. If you have been offered an incentive by a User to write a Review, you should include information about this in your Review. Incentives include the User offering you a gift, reward, discount or advantage for writing a Review about the User on the Platform.
  • THIRD PARTY PAYMENT PROVIDER  We use a third party Payment Provider  (Payment Provider ) to process payments on the Platform. Currently the Payment Provider  is Stripe. You will be required to create an account with the Payment Provider to receive any payments. Subject to Part 2 – clause 2(a), receiving payments must be done through the Payment Provider . Your account with the Payment Provider will be linked to your Account. When making or receiving a payment via an account with the Payment Provider , you must only use your own account, or you must have the authority of the account holder. We may request you provide evidence of ownership or authority of the Payment Provider  account. The processing of payments by the Payment Provider  will be, in addition to these terms, subject to the terms, conditions and privacy policies of the Payment Provider . In making or receiving any payments via the Platform, you warrant that you have read, understood and agree to be bound by the terms and conditions of the Payment Provider .  The Payment Provider ’s terms and conditions can be accessed here –  https://stripe.com/payment-terms/legalYou agree to release us of all liability for any loss or damage which may be suffered by you or any other person arising from any act or omission of the Payment Provider , including any issue with security or performance of the Payment Provider ‘s platform or any error or mistake in processing your payment.
  • 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 does not represent, warrant or guarantee that:

  • the Platform will be free from errors or defects;
    • the Platform will be accessible at all times;
    • communications sent through the Platform will be delivered promptly, or delivered at all;
    • information you receive or supply through the Platform will be secure or confidential; or
    • any information provided through the Platform is accurate or true.
  • 9. 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.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.
  • 10. 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 makes no representation, warranty or guarantee about the quality, suitability, accuracy, reliability, currency or completeness of Third Party Content.

  1. 11. Non performance by another userWithout limiting clause 11(b), we have no liability or obligation to you, and you will not be entitled to any compensation from us if:we cancel your Account, or the Account of another User; you buy Items and the Items are not as described or there are faults with the Items; a Buyer or Seller does not proceed with a sale of an Item; or for whatever reason, you are not satisfied with an Item you have bought.  (b) Nothing in this clause 11 is intended to limit the operation of the Competition and Consumer Act 2010 (Cth), when and if applicable.
  2. 12. DISPUTES & COMPLAINTS
    1. DISPUTES WITH OTHER USERS
      1. You may direct any issue or problems with any Items or as otherwise related to a sale under the Platform (Dispute) to:
        1. the other User involved in the Dispute; or
        1. Your payment issuing bank
      1. We will not be responsible for, or involved in, any Disputes.
    1. COMPLAINTS RELATING DIRECTLY TO US

If you want to make a complaint about our Platform, which does not relate to another User, you must notify us first and enter into good faith discussion or mediation with us for a minimum of 28 days before pursuing any other proceedings.   

  1. GENERAL

Where you have a Dispute with another User, or you make a complaint about our Platform:

  • any costs and expenses you incur in making, defending and enforcing that complaint will be paid solely by you; and
    • we may cancel or suspend your Account while the Dispute or complaint is resolved and permanently if we, in our absolute discretion, deem that to be appropriate.
  • 13. SECURITY

MarketLfye does not accept responsibility for loss or damage to computer systems, mobile phones or other electronic devices arising from or 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.

  1. 14. DISCLAIMER and LIMITATION OF LIABILITY
    1. INTRODUCTION SERVICE
      1. We are a medium that facilitates the introduction of Buyers and Sellers for the purposes of buying and selling Items. We are an introductory service only and do not have any obligations or liabilities to, and are not a party to any contract between Buyers and Sellers in relation to such Items or otherwise resulting from the introduction.
    1. LIMITATION OF LIABILITY

To the maximum extent permitted by applicable law, we exclude completely all liability to any person, or where liability cannot be excluded our aggregate liability for all claims from any one person will be limited to $100, 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 or its use or any Items bought or sold. This includes the transmission of any computer virus.

  1. WARRANTIES AND REPRESENTATIONS

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)) implies a condition, warranty or guarantee into these terms 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:

  • in the case of goods, their replacement or the supply of equivalent goods or their repair; and
    • in the case of services, the supply of the services again, or the payment of the cost of having them supplied again.
    • 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:

  • breach of any term of these terms;
    • use of the Platform; or
    • your purchase or sale of Items from another User.
    • 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, these terms or their subject matter, or any Item bought or sold (except to the extent this liability cannot be excluded under the Competition and Consumer Act 2010 (Cth)).

  1. 15. CONFIDENTIALITY

You agree that:

  • you must not disclose any of our Confidential Information to any third party; and
    • all communications involving the details of other Users must be kept confidential and must not be distributed nor disclosed to any third party.
    • In this clause 15, “Confidential Information” means information of, or provided by, a party that is by its nature confidential information, is designated as confidential, or that the recipient of the information knows or ought to know is confidential (including all commercial information exchanged between the parties), but does not include information which is, or becomes, without a breach of confidentiality, public knowledge. Confidential Information includes system operations, documents, marketing strategies, staff information and client information.
  • 16. PRIVACY

You agree to be bound by our Privacy Policy, which can be accessed here <link>. 

  1. CancellationWe reserve the right to suspend or cancel your Account at any time, for any reason and without notice.You may cancel your Account at any time.(c) If your Account is suspended or cancelled:you may not post Listings on the Platform and any existing Listings will be removed; andyou may not communicate with another User using the Messaging and Chat Function.Despite clause 17(c), we reserve the right to keep your Account open to finalise any existing Listings that have been accepted. Any part of these terms which by its nature would reasonably be expected to be complied with after your Account is cancelled or these terms terminate, will continue to apply.
  2. 18. TAX

You are responsible for the collection and remission of all taxes associated with buying or selling any Items via the Platform, and we will not be held accountable for any transactions between Buyers and Sellers where tax related misconduct has occurred.

  1. 19. RECORD / AUDIT

To the extent permitted by law, we reserve the right to keep all records of any and all transactions and communications (including via the Messaging and Chat Function) made through the Platform between you and other Users (including messages, conversations, Listings, Offers, any other postings, Ratings, Reviews, cookies, and I.P. address information) for administration purposes and also holds the right to produce these records in the event of any legal dispute involving us.

  • PROHIBITED ITEMS

While you may sell a variety of Items on the platform, we need to have in mind applicable laws and the safety of the community. In this regard some Items are restricted or prohibited from being listed. Users shall not purchase or sell the following prohibited Items:

  1. Adult related Items;
  2. Alcohol;
  3. Sales of animals;
  4. Drugs and paraphernalia;
  5. Medicine;
  6. Firearms;
  7. Government documents;
  8. Human body parts;
  9. Stocks and securities;
  10. Stolen property;
  11. Virtual currency (including crypto currency); and
  12. Any other Item that is restricted or illegal to trade in your applicable country, state and territory.
  • GENERAL
    • GOVERNING LAW AND JURISDICTION

These terms are governed by the law applying in New South Wales, Australia. Each party irrevocably submits to the exclusive jurisdiction of the courts of New South Wales, Australia and courts of appeal from them in respect of any proceedings arising out of or in connection with these terms. 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.

  • WAIVER

No party to these terms 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.

  • SEVERANCE

Any term of these terms 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 these terms are not limited or otherwise affected.

  • ENTIRE AGREEMENT

These terms embody 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 these terms.

  • INTERPRETATION
    • (singular and plural) words in the singular includes the plural (and vice versa);
    • (gender) words indicating a gender includes the corresponding words of any other gender;
    • (defined terms) if a word or phrase is given a defined meaning, any other part of speech or grammatical form of that word or phrase has a corresponding meaning;
    • (person) a reference to “person” or “you” includes an individual, the estate of an individual, a corporation, an authority, an association, consortium or joint venture (whether incorporated or unincorporated), a partnership, a trust and any other entity;
    • (party) a reference to a party includes that party’s executors, administrators, successors and permitted assigns, including persons taking by way of novation and, in the case of a trustee, includes any substituted or additional trustee;
    • (these terms) a reference to a party, clause, paragraph, schedule, exhibit, attachment or annexure is a reference to a party, clause, paragraph, schedule, exhibit, attachment or annexure to or of these terms, and a reference to these terms includes all schedules, exhibits, attachments and annexures to it;
    • (document) a reference to a document (including these terms) is to that document as varied, novated, ratified or replaced from time to time;
    • (currency) a reference to “$”, or “dollar”, is to Australia currency, unless otherwise agreed in writing.
    • (headings) headings and words in bold type are for convenience only and do not affect interpretation;
    • (includes) the word “includes” and similar words in any form is not a word of limitation;
    • (adverse interpretation) no provision of these terms will be interpreted adversely to a party because that party was responsible for the preparation of these terms or that provision.
  • Part 2: Buyer
  • 1. ACcepting A Seller Listing
    • APPLICATION

This clause applies when you accept a Seller Listing or make a Seller Listing Offer.

  1. GENERAL
    1. You acknowledge and agree that:
      1. must deal with any dispute with a Seller in accordance with clause 12 of Part 1;
      1. any terms and conditions relating to Items bought via the Platform are solely between you and the Seller and do not involve us in any way, except that they must not be inconsistent with either party’s obligations under these terms;
      1. The platform does not offer any form of Buyer protections, you are solely responsible for all site activity and should conduct due diligence of every Seller when making purchases. THE PLATFORM IS PROVIDED ON AN “AS IS” BASIS, USE OF THE PLATFORM IS AT YOUR OWN RISK. WE DISCLAIM ANY AND ALL LIABILITIES FOR AND MAKE NO WARRANTIES, EXPRESS OR IMPLIED, WITH RESPECT TO THE PLATFORM.;
    1. ACCEPTING A SELLER LISTING

A contract is formed between you and the Seller when you accept a Seller Listing via the Platform. By accepting a Seller Listing you are agreeing to buy the Item in the Seller Listing in exchange for the amount set out in the Seller Listing.

  • PARTIES TO CONTRACT AND BUSINESSES
    • We are not party to any contract between you and the Seller. Sellers may have their own terms and conditions of sale which will apply to the Seller Listing. We are not a party to those terms and conditions of sale. You acknowledge and agree that all warranties, guarantees and return periods offered by a Seller are between you and the Seller only.  
    • If the Seller is a business and you are an individual consumer, the Australian Consumer Law (Schedule 2 of the Competition and Consumer Act 2010 (Cth)) sets out standard rights and guarantees that will apply regardless of the Seller’s terms and conditions. If you believe a business is in breach of any of your rights under the Australian Consumer law, you should contact the Australian Competition and Consumer Commission.
  • Payment(a) If the Seller agrees to accept payment by other means outside of the Platform not using the Platforms Payment Provider (for instance, over the phone or in person), you agree to release us of all liability for any loss or damage which may be suffered by you or any other person arising out of or in connection with any issues with payment, including any issue with receiving or making payment or any error or mistake in processing your payment.We will not be a party to any contract made between Users on the Platform. However, when using the Platforms Payment Provider you provide us the right to be informed by the Payment Provider of all updates and Disputes made on sales for the purpose of any internal review process on your account, future account vetting, or for general analytical purposes.
  • Delivery

We are not responsible for delivery of an Item. We recommend that any delivery be done via a reputable provider, be tracked and be insured for the full replacement cost of the Item.

  • CANCELLATIONS and refundsWe have no liability or obligation to you if a Seller cancels an agreement to sell you an Item after you have accepted it and you will not be entitled to any compensation from us.If you wish to cancel an agreement to buy an Item from a Seller you must contact the Seller. You may not cancel an agreement to buy an Item until the Seller has agreed. Please submit a dispute in accordance with clause 12 of Part 1 if there are any issues or problems with the Item or the Seller.
  • Introductory services only

You acknowledge and agree that:

  • the Platform is an introductory service only and connects you to Sellers that are not related to us or under our control;
    • we do not endorse or recommend any Seller and introduction via the Platform does not imply any endorsement or recommendation of any Seller by us; and
    • any agreement to buy an Item via the Platform constitute a contract between you and the Seller and do not involve us in any way.
  • Part 3: Seller
  • 1. ELIGIBILITY You must verify that any Buyer is over 18 years old before selling an Item to that Buyer. You must hold all licences required to sell any Item. You must provide us with evidence of any such licence if requested by us. You must comply with all of your obligations under any applicable law, including the Australian Consumer Law if applicable in accordance with clause 2.You must deal with any dispute with a Buyer in accordance with clause 12 of Part 1.
  • Selling Items as a businessIf selling Items as a business you must comply with the Australian Consumer Law including in relation to the Consumer Guarantees and returns policies.(b) All Items sold under Business Accounts must be accompanied by a valid tax invoice. You consent to us revealing your address and contact information to a Buyer for the purpose of allowing them to contact you and pick up any Items they purchase if applicable.
  • Seller Listing
    • APPLICATION

This clause applies when you post a Seller Listing.

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