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TERMS AND CONDITIONS
- How the Website operates
2.1 As the operator of the Website, FHD’s role is simply to provide a platform through which third party buyers and sellers can purchase and sell certain goods and services.
2.3 In the situation where FHD list any goods or services itself for sale through the Website, this will be clearly indicated.
2.4 FHD is not responsible for, and does not provide any ongoing review of, any content, images, artwork, good or service details (including but not limited to good or service descriptions, ingredients and prices) or any other material created or submitted by or on behalf of a third party seller for display on the Website (“Seller Content”). FHD does not warrant the truthfulness, accuracy, reliability or completeness of any Seller Content. Be aware that Seller Content (including photographs, illustrations, artwork and other graphic materials, and names, logos and trademarks) may be protected by copyright, trademark and other intellectual property laws that restrict your use of that Seller Content.
2.5 Each seller manages their own listings and virtual stall (including adding, removing and updating goods and services) so Seller Content is subject to change at any time without notice and may not be up to date. FHD cannot guarantee that a third party seller will actually complete a transaction.
2.6 The Website has been designed and is intend for use only within Australia and limitations have been put in place to reflect this. Items purchased via the Website can only be delivered within Australia.
- Website access and FHD Content
3.1 FHD does not guarantee that access to the Website will be uninterrupted or that the Website is free from viruses or anything else which may damage any computer which accesses the Website or any data on such a computer.
3.2 While FHD endeavours to take reasonable care in preparing and maintaining the information on the Website that has been created by or on behalf of FHD (“FHD Content”), FHD does not warrant the accuracy, reliability, adequacy or completeness of any of the FHD Content. You acknowledge and accept that the FHD Content may include technical inaccuracies and typographical errors and may not be up to date or accurate at the time you view it. FHD reserves the right to make any necessary corrections to FHD Content.
3.3 It is your responsibility to enquire with FHD directly to ensure the accuracy and currency of any FHD Content you seek to rely upon. To the extent permitted by law, including the Competition and Consumer Act 2010 (Cth), FHD disclaims all liability for loss directly or indirectly arising from your use or reliance on the Website and the FHD Content.
- Intellectual Property (FHD Content) and linking to the Website
4.1 The FHD Content displayed on the Website (including all editorial materials, photographs, illustration, artwork and other graphic materials, and names, logos and trademarks) is the property of, or authorised for use by, FHD and is protected by copyright, trademark and other intellectual property laws. FHD Content may be displayed and printed solely for your personal and non-commercial use. You agree not to reproduce, retransmit, distribute, disseminate, sell, publish, broadcast or circulate any FHD Content to any third party without the express prior written consent of FHD.
4.2 Except as expressly stated above or otherwise expressly granted, FHD does not grant any licence or right in, or assign all or part of, any intellectual property rights in the content or applications incorporated into the Website or in the user interface of the Website.
4.3 If you wish to establish a link to the Website, you must first seek approval from FHD. To seek approval, please contact Australia Post's brand team. The following information will be required to assess your request: (a) the URL of the website that you seek to establish a link from; (b) a brief description of your website; and (c) the reason that you wish to establish a link. If FHD agrees to your proposed link, you must comply with any terms and conditions imposed by FHD as a condition of such agreement. If the nature and/or content of your website changes in any significant way, you must contact FHD and provide a new description of your website.
- Personal information
5.2 As part of a purchase transaction, a seller may obtain personal information of the buyer, such as name, phone number, email address and delivery address information. FHD places limitations on the type of personal information a seller can access however each individual seller is responsible for how they handle the personal information they collect and hold and for compliance with privacy laws.
- Submission of material to the Website
6.1 Any material you send to FHD on or via the Website (other than Seller Content) will be deemed to be non-confidential and non-proprietary, unless it is expressly indicated to be otherwise. This includes any data, questions, comments, suggestions, ideas or other information. FHD will be entitled to use any such material which has not been indicated to be confidential or proprietary for any purpose without providing notice or compensation to you.
- Third party websites
7.1 The Website may contain links to other websites operated, controlled or produced by third parties. Unless otherwise indicated, FHD does not control, endorse, sponsor or approve any such third party websites or their content nor does FHD provide any warranty or take any responsibility whatsoever for any aspect of those websites or their content.
- User eligibility and compliance with laws
8.1 Both buyers and sellers must be at least 18 years of age, and able to form legally binding contracts under applicable law, or be under the supervision of a parent or guardian who is at least 18 years of age in order to be eligible to use the Website. By using this Website you represent and warrant that you are at least 18 years of age and that all registration information you submit is accurate and truthful. FHD may, in its sole discretion, refuse to offer access to or use of the Website to any person or entity and change its eligibility criteria at any time.
8.2 You agree that, when accessing and using the Website, you will comply with all applicable local, state, national and international laws.
8.3 You must not attempt to change, add to, remove, deface, hack or otherwise interfere with the Website or any material or content displayed on the Website.
- Account set up and security for buyers
9.1 Buyers must have an active account to make purchases on the Website. To create an account you will need to create a password and provide details like your first name, last name, email address and physical address.
9.2 FHD has absolute discretion to determine who is permitted to become (and to remain) an account holder for buying goods and services through the Website. All information provided to FHD in connection with an account must be accurate, complete and kept up to date.
9.3 You must maintain the security of your account log on details (including by keeping your password and email address secure) and you accept full responsibility and liability for all activity occurring on your account resulting from your failure to properly maintain account security. You must immediately notify FHD of any unauthorised use of your log in details or account and any other breach of security.
- Disputes about Website transactions
10.1 When a good or service is ordered through the Website, a separate contract may arise between the buyer and seller. Prior to transacting on the Website, you should carefully consider your rights and obligations to third party buyers and sellers and seek independent legal advice if you are in any doubt.
10.2 FHD is not a party to any separate contract that may arise between a buyer and seller. If you have a dispute with any buyer or seller concerning a transaction you have made on the Website, you (and not FHD) are responsible for enforcing any rights that you may have against the other party. Buyers can refer to a seller’s ‘store policy’ for information on dispute resolution with that seller or check for the seller’s contact details in the relevant order confirmation email.
- Account suspension and deactivation (buyers and sellers), restricting access and ceasing services
11.2 If FHD knows or reasonably suspects that: (a) you are involved in any illegal or fraudulent activity; (b) your acts or omissions are causing, or are likely to cause, FHD or any Website user to incur legal liability or suffer loss or damage of any nature (including, without limitation, loss of or damage to goodwill or reputation); or (c) you have become bankrupt, insolvent, under administration or an externally administered body corporate, then FHD may immediately suspend or deactivate your account, suspend or deactivate your virtual stall (sellers only) and/or take any other steps to prevent you from using the Website.
11.3 FHD may suspend or deactivate your account, suspend or deactivate your virtual stall (sellers only) and/or take any other steps to prevent you from using the Website for any period during which FHD is unable to verify or authenticate any information you have provided to FHD (other than any Seller Content). You acknowledge and agree that any information you provide to FHD in connection with the Website must be truthful, accurate and not misleading in any way.
11.4 FHD doesn’t guarantee it will continue to provide all or any of the services connected with the Website platform and FHD may cease the provision of any one or more of those services (including, without limitation, services connected with enabling third parties to buy and sell goods and services through the Website) at any time.
11.5 To the maximum extent permitted by law (including, but not limited to, the Competition and Consumer Act 2010 (Cth)), FHD does not have any liability to you in connection with the exercise of any of its rights under this Section 11 (Account suspension and deactivation (buyers and sellers), restricting access and ceasing services).
- Limitation of liability
12.1 To the maximum extent permitted by law (including, but not limited to, the Australian Consumer Law), FHD excludes all liability for any loss or damage of any kind (including special, indirect or consequential loss and including loss of business profits) arising out of or in connection with the Website, the Seller Content, the FHD Content and the use or performance of the Website, whether in contract, at common law or in equity, or on any other basis, except to the extent that the loss or damage is directly caused by FHD’s fraud or wilful misconduct.
(1) in the case of goods, replacement of the goods or the supply of equivalent goods; repair of the goods; payment of the cost of replacing the goods or acquiring equivalent goods; or payment of the cost of having the goods repaired; and
(2) in the case of services to either resupplying the services or payment of the cost of having the services supplied again.
14.1 These FHD Website Terms are governed by and construed in accordance with the laws of the State of Victoria, Australia. In the event that a dispute arises from these FHD Website Terms, each of FHD and you agree to submit to the non-exclusive jurisdiction of the courts of Victoria, Australia.
Additional Terms for Sellers
- Applying to become a seller
15.1 You must be carrying on a business and have a valid Australian Business Number (ABN) to apply to become a third party seller of goods and services through the Website (referred to in these FHD Website Terms as a “seller”).
15.2 Applications to become a seller, and open a virtual stall on the Website, are made via the online application process on the Website. FHD has complete discretion to determine whether or not to approve any application to become a seller and FHD’s decision is final.
15.3 FHD makes no guarantee about the quantity of goods or services a seller can sell through the Website. By submitting an application to become a seller, you acknowledge and agree that you have not relied on any representation given by (or on behalf of) FHD about the quantity of goods or services that you can sell through the Website.
15.4 A seller must not transfer or otherwise deal with any of their rights connected with being a seller or with their virtual stall.
15.5 FHD uses PayPal to provide a secure payment gateway on the Website and buyers pay for goods and services via this gateway using their PayPal account or credit or debit card. If you become a seller, you will need to set up and maintain a business level account with PayPal in order to receive payments from buyers. You should visit the PayPal Australia website to obtain information about signing up with PayPal for a business level account. Sellers must deal directly with PayPal Australia in respect of signing up and all other aspect of their PayPal account.
- Access to your seller account and virtual stall
16.2 If you cease to have an active MyPost Business Account for any reason, you will no longer be able to access your virtual stall. Please be aware that, unless your virtual stall is deactivated, buyers will still be able to purchase Your Products through the Website. If you cease to have an active MyPost Business Account or otherwise cannot access your virtual stall, you must immediately notify FHD to discuss any action that should be taken.
16.3 Please be aware that shutting down your MyPost Business Account will not deactivate your virtual stall. If you wish to close your virtual stall for any reason, it is your responsibility to contact FHD to arrange for its closure. You will remain responsible for the supply of all goods and services ordered by buyers via your virtual stall while it is active.
- Goods and services sold through the Website
17.1 Sellers must comply with any guidelines issued by FHD from time to time in respect of the types of goods and services permitted to be sold through the Website.
17.2 FHD has the right to prohibit, from time to time, the sale of a particular good or service or particular types of goods and services. Immediately on being notified by FHD, you must remove any particular item or particular type of item from sale through your virtual stall that has been prohibited by FHD. You acknowledge and agree that FHD may take action itself to remove any prohibited items from sale through your virtual stall.
- Your Products
18.1 You are fully responsible for all goods and services you list or offer for sale, or sell, through the Website (Your Products) and, as between FHD and you, you are the one with full liability to third parties in connection with Your Products and the offer and sale of Your Products through the Website.
18.2 You are responsible for, and must obtain and maintain, all licences, permits and registrations required in connection with the offer for sale, and sale of, Your Products through the Website.
18.3 You must ensure, and you warrant to FHD, that Your Products do not, and the offer for sale and sale of Your Products through the Website does not:
(1) contravene in any way any local, state, national or international law (including, without limitation, the Competition and Consumer Act 2010 (Cth), the Therapeutic Goods Act 1989 (Cth), the Therapeutic Goods Advertising Code 2015 (Cth), any law, code or standard relating to food safety or any law relating to the sale of liquor);
(2) infringe any third-party's intellectual property rights; or
(3) involve the sale of illegal, counterfeit or stolen goods.
18.4 To the fullest extent permitted by law (including, but not limited to, the Australian Consumer Law), you indemnify FHD (and each of its officers, employees and agents) against any loss or damage suffered or incurred by any of them arising from or in connection with: (a) a breach of any warranty set out in this Section 18 (Your Products); or (b) any third party claim in connection with Your Products, or the offer or sale of Your Products through the Website, except to the extent that any loss or damage is caused by the negligence, fraud or other wrongful act or omission of FHD or its officers, employees or agents.
- Your Content
19.1 You are fully responsible for all Seller Content created or submitted by you or on your behalf for display on the Website (“Your Content”) (regardless of whether you use the functionality of the Website to upload Your Content yourself or FHD uploads Your Content on your behalf).
19.2 You must ensure, and by submitting Your Content for upload and display on the Website you warrant to FHD, that all of Your Content (including without limitation all goods and services details, listing information about a good or service, photographs, illustrations and other graphic materials and all names, logos and trademarks) displayed on the Website from time to time, and the display of Your Content on the Website:
(1) is true, accurate, complete and not misle:)ading or deceptive in any manner;
(2) does not contravene in any way any local, state, national or international law (including, without limitation, the Competition and Consumer Act 2010 (Cth), the Therapeutic Goods Act 1989 (Cth), the Therapeutic Goods Advertising Code 2015 (Cth), any law, code or standard relating to food safety or any law relating to the sale of liquor);
(3) does not infringe any third-party's intellectual property rights;
(4) is not defamatory or offensive;
(5) does not contain or transmit any code of a destructive nature that may damage, detrimentally interfere with, intercept or expropriate any system, data or personal information ; and
(6) will not modify, adapt or hack the Website.
19.3 You are responsible for all dealings with regulators in connection with Your Content and you must promptly and actively cooperate with any regulator who raises any issue with Your Content.
19.5 To the fullest extent permitted by law (including, but not limited to, the Australian Consumer Law), you indemnify FHD (and each of its officers, employees and agents) against any loss or damage suffered or incurred by any of them arising from or in connection with: (a) a breach of any warranty set out in this Section 19 (Your Content); or (b) any third party claim in connection with Your Content or the display of Your Content on the Website, except to the extent that any loss or damage is caused by the negligence, fraud or other wrongful act or omission of FHD or its officers, employees or agents.
- Use of Your Content
20.1 You agree to FHD using Your Content to operate the Website (including, without limitation, to create your virtual stall and to display information about Your Products on relevant pages of the Website). You also agree to FHD using Your Content, and altering Your Content for use, for the purpose of promoting the use of the Website and the sale of goods and services through the Website, including (without limitation):
(1) in promotional emails sent by FHD to its customer database;
(2) on pages of the Website promoting particular types of goods and services;
(3) on social media sites, through accounts operated or managed by Australian Postal Corporation; and
(4) as otherwise agreed by FHD and you.
- Store policies and good customer relations
21.2 Sellers must maintain good customer relations, including (without limitation) by: (a) communicating with customers in a timely, courteous, fair and honest manner; and (b) resolving customer complaints and disputes efficiently and fairly.
21.3 Any unresolved failure, or repeated failures, to maintain good customer relations may lead to FHD suspending or deactivating a seller’s account or virtual stall and/or taking any other steps to prevent the seller from using the Website.
22.1 The fee that a seller must pay FHD for access to and use of the Website is a set percentage (the “Percentage Fee”) of the price for which each good or service is sold by the seller through the Website (“Services Fee”). FHD may change the current Percentage Fee at any time by providing a seller with at least 30 days’ notice of the new Percentage Fee and the effective date for that new Percentage Fee (“Effective Date”). The new Percentage Fee will be applied in respect of all goods and services sold on and from the Effective Date.
22.2 For the avoidance of doubt, you are responsible for all costs and expenses you incur in connection with your use of the Website and the listing, offer and sale of Your Products through the Website.
22.3 Your obligation to pay Services Fees to FHD is a continuing obligation and, for the avoidance of doubt, the suspension or deactivation of your account or virtual stall, the removal of any of Your Products from the Website or FHD taking any steps to prevent you from using the Website does not in any way affect your obligation to pay FHD any Services Fees due and payable to FHD.
22.4 If any Services Fees are not paid in full by the due date for payment, then FHD may suspend or deactivate your account or virtual stall and/or take any other steps to prevent you from using the Website until such time as those Services Fees have been paid in full.
- Listing and the sale of Your Products through the Website
23.1 Each of Your Products must be listed in an appropriate category with appropriate tags.
- Prohibition on using Website for other business and promotions
24.2 A seller must not include in any Seller Content, or in any form of communication with a buyer or other Website user (“Customer Communication”): (a) a link to any website; (b) any contact details (including, without limitation, email addresses or phone numbers) for the seller or any third party. A Customer Communication must not include any content except for content that strictly relates to a transaction that has occurred on the Website.
- Preferential postage rates
25.1 You must not use any preferential postage rates FHD offers to sellers, for transactions which do not originate through the Website. If FHD knows or reasonably suspects that you have been using any preferential postage rates for non-Website transactions, then (without limiting any of FHD’s other rights) FHD may immediately cease offering you those rates.
- Personal Information
26.1 Personal information obtained by a seller in connection with a Website transaction must strictly only be used for the purpose of completing that transaction or for Customer Communications related to that transaction. A seller must not use any personal information, or otherwise contact any buyer or other Website user, for any non-transaction related purpose, including (without limitation) to promote any business, good or service.
26.2 A seller must handle all personal information collected by the seller in connection with the Website in accordance with the requirements of the Privacy Act 1988 (and for those seller’s to whom the Privacy Act 1988 does not apply, as if the Privacy Act 1988 did apply).
Version date: 09/04/2019