Last updated: 29 June 2021
TERMS & CONDITIONS
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.
- 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.
- This 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; and
- are 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.
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.
- 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.
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.
- 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 VERIFICATION
(collectively referred to as a Service Experience).
- 2(a), receiving payments must be done through the Payment Provider . Your account with the Payment Provider will be linked to your Account.
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 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.
- 11(b), we have no liability or obligation to you, and you will not be entitled to any compensation from us if:
- 11 is intended to limit the operation of the Competition and Consumer Act 2010 (Cth), when and if applicable.
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.
Where you have a Dispute with another User, or you make a complaint about our Platform:
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.
- and 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.
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:
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:
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)).
You agree that:
- 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.
- 17(c), we reserve the right to keep your Account open to finalise any existing Listings that have been accepted.
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.
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.
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:
- Adult related Items;
- Sales of animals;
- Drugs and paraphernalia;
- Government documents;
- Human body parts;
- Stocks and securities;
- Stolen property;
- Virtual currency (including crypto currency); and
- Any other Item that is restricted or illegal to trade in your applicable country, state and territory.
- 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.
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.
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.
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.
- (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.
This clause applies when you accept a Seller Listing or make a Seller Listing Offer.
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.
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.
- 12 of Part 1 if there are any issues or problems with the Item or the Seller.
You acknowledge and agree that:
- s you to Sellers that are not related to us or under our control;
This clause applies when you post a Seller Listing.
At Legal writing experts, we would be happy to assist in preparing any legal document you need. We are international lawyers and attorneys with significant experience in legal drafting, Commercial-Corporate practice and consulting. In the last few years, we have successfully undertaken similar assignments for clients from different jurisdictions. If given this opportunity, The LegalPen will be able to prepare the legal document within the shortest time possible. You can send us your quick enquiry ( here )