These Terms apply to your use of our Marketplace and our Services and are therefore legally binding between you and Buy Aussie Now. Please take the time to understand the Terms before accessing the Marketplace and our Services.
As you can appreciate, using our Marketplace and our Services constitutes an agreement by you that you accept and agree to abide and be bound by the Terms.
- "Account" means an account registered by you on the Marketplace.
- "ACL" means the Australian Consumer Law contained in Schedule 2 of the Competition and Consumer Act 2010 (Cth).
- Buy Aussie Now (also referred to herein as "we", "us" or "our") means Buy Aussie Now Pty Ltd (ACN 639 946 446).
- “Buyer” (also referred to herein as "you" or "your"), means the person, jointly and severally if more than one, acquiring or enquiring about the Products from the Vendor.
- "Buyer Standards" means the standards that all Buyers are required to comply with in relation to their conduct and dealings with Vendors on the Marketplace, available at https://www.buyaussienow.com.au/buyer-standards.
- "Content" means written, visual and audio content published on or made available through the Website.
- “GST” means Goods and Services Tax (GST) as defined within the A New Tax System (Goods and Services Tax) Act 1999 (Cth).
- "Order" means an order placed by the Buyer through the Marketplace for the purchase of Products provided by Vendors.
- "Marketplace" means the online marketplace run by Buy Aussie Now on the Website that allows Vendors to promote and sell their Products and allows Buyers to browse and purchase Products.
- "Product Information" means information regarding a Product on the Marketplace, including the description, picture, and price of the Product, posted by the Vendor.
- “Products” means all goods and products listed for sale on the Website by the Vendor and which are available for purchase by Buyers.
- "Services" means the marketplace service provided by Buy Aussie Now on the Website and any other services provided to you by Buy Aussie Now.
- "Terms" means these terms and conditions.
- "Website" means https://www.buyaussienow.com.au/, all subpages, any associated websites operated by Buy Aussie Now, and any other websites on which these Terms appear.
- “Vendor” means the person, jointly and severally if more than one, using the Marketplace to list and sell Products.
2. Application of Terms
The Website and Marketplace are owned and operated by Buy Aussie Now.
- Through the Website you can:
- create an Account;
- use the Services;
- purchase Products from Vendors on the Marketplace; and
- access and upload Content.
- Buy Aussie Now may amend these Terms from time to time without notice. Any amendment will be effective immediately upon being posted on the Website. Your continued use of the Website and the Services after any amendment becomes effective will constitute your agreement to be bound by these Terms, as amended.
- Buy Aussie Now reserves the right to vary, modify or discontinue any of the Services or Content available via the Website, at any time, without notice and without liability.
- You may be required to create an account with us to use some of our Services. You will be required to provide certain information when creating your Account ("Account Information"). The Account Information may include but is not limited to your contact details (including name, email address and phone number), payment details, and your address and postcode.
- Naturally, all Account Information you enter must be accurate, complete, current, and not misleading. Failure to do so will constitute a breach of these Terms, which may result in immediate termination of your Account.
- Upon registration, you will create a login and password. You are responsible for maintaining the confidentiality and security of your login and password details. You are responsible for any and all activity that occurs under your login and password.
- Unfortunately, no data transmission over the internet can be guaranteed as totally secure. Whilst we always strive to protect your Account Information, we do not warrant and cannot ensure the security of any information provided by you which you transmit to us. Accordingly, any information which you transmit to us is transmitted at your own risk. Nevertheless, once we receive your Account Information, we will take reasonable steps to preserve the security of such information.
4. Buyer Standards
- The policies and standards that outline the expectations and requirements placed on you, as a Buyer, are further described in the Buyer Standards, which are available at https://www.buyaussienow.com.au/buyer-standards.
- You acknowledge that you have had an opportunity to review and familiarise yourself with the Buyer Standards. By using our Services and purchasing Products from the Marketplace, you agree to comply with the Buyer Standards at all times.
- Failure to comply with any of the Buyer Standards constitutes a breach of our Terms and understandably may result in the immediate suspension or termination of your right to access the Website, Marketplace, and Services.
5. Buyer/Vendor Relationship
- The Marketplace provides a platform for Buyers to browse and acquire certain Products from Vendors. It is important to note that when you are purchasing a Product, you are purchasing it from one of the many independent Vendors who are hosting on the Marketplace, not from Buy Aussie Now itself. At no stage does our hosting create a buyer/seller relationship between us and any Buyer.
- By purchasing a Product from the Marketplace, you warrant that:
- you understand that you are not entering into a buyer/seller relationship with Buy Aussie Now;
- you have clearly read and understood the Product Information;
- you have either paid for the Products or are going to pay for the Products;
- you have the legal right to use any credit card(s) or other payment methods (s) in connection with the purchase of the Products; and
- the information you supply in connection with the purchase is true, correct, and complete.
- When purchasing a Product, you may be asked to supply certain information relevant to your Order including, without limitation, your credit or debit card number, expiration date of your credit or debit card, credit or debit card security number, your billing address, and your shipping information. By submitting such information, you grant us the right to provide the information to third parties for the purposes of facilitating the completion of the Order.
- The Marketplace is not designed to provide qualitative advice regarding the fitness for purpose and merchantability of any Product. We strongly advise you to exercise caution and undertake your own due diligence in conducting any transactions through the Marketplace.
- Making unreasonable demands of a Vendor constitutes a breach of these Terms. As a Buyer, you are subject to the express terms the Vendor has outlined in their Product Information. Demanding the Vendor to change the way they process payment, deliver the Products, or to significantly change the purchase price will not be tolerated.
- All Products should be purchased through the Marketplace. If Products are purchased outside of the Marketplace, the Buyer will not be afforded the protections offered by Buy Aussie Now when using the Marketplace. Buy Aussie Now will not be liable for any losses incurred by the Buyer when the relevant Products are purchased outside of the Marketplace.
7. Payment and Delivery of Products
- For each Order, the Buyer will pay, via an accepted payment method, the applicable price for the relevant Products, including any relevant taxes and GST, confirmed by the Vendor and a delivery and handling fee as set and calculated by the Vendor.
- If payment is made via a third party payment system, you must abide by any terms and conditions applicable to that payment system.
- We are not responsible for the shipping or delivery of any Products. It is your responsibility to make contact with the Vendor regarding delivery.
8. Cancellations and Refunds
- Buy Aussie Now reserves the right to refuse or cancel any Order at any time for any reason including but not limited to:
- Product unavailability;
- errors in the Product Information;
- errors in your Order; or
- if fraud or an unauthorized transaction is suspected.
- If you wish to cancel an Order, it is your responsibility to make contact with the Vendor. Each Vendor may have their own cancellation and/or refund policies.
- If a Product you have ordered is defective, does not comply with the specifications contained in the Product Information, or is not delivered to you, you may be entitled to a refund. Please review the relevant Vendor's refund policy. We suggest that you reach out to them, as most Vendors will be more than happy to help you to ensure that you are happy with your order. If the issue persists, you may contact Buy Aussie Now to assist you. While we don't guarantee or promise any resolutions or refunds, we will use our best endeavors to assist you in resolving the issue.
9. User Content
- You are responsible for all Content that you submit to, publish, or display on the Website, including its legality, reliability, and appropriateness.
- By submitting, publishing, or displaying Content on the Website, you grant us a perpetual, irrevocable, royalty-free license to use, modify, publicly display, reproduce and distribute such Content on and through the Website. You retain any and all of your rights to any Content you submit.
- You represent that you own any Content uploaded by you or that you have the right to use such Content, and that the submission, publication, or display of your Content on the Website will not cause you or us to breach any law, regulation, rule, code or other legal obligation.
- You agree that any Content that you submit, publish or display does not contain any obscene, inappropriate, defamatory, disparaging, indecent, offensive, pornographic, threatening, abusive, racially insensitive, or discriminatory content.
- We reserve the right to modify or remove any Content from the Website at any time if we believe that the Content may breach any of these conditions.
- We provide the Marketplace, the Services, and all Content accessible on an 'as is' basis, and use of the Marketplace and our Website is at your own risk. We provide no representation or warranty as to the accuracy, completeness, currency, or reliability of the Content or any other information relating to the Products or contained on the Marketplace or Website.
- You acknowledge that Buy Aussie Now does not manufacture, store, inspect or sell any of the Products sold on the Marketplace and is not responsible for examining or evaluating the Products or the accuracy of the Product Information.
- Buy Aussie Now is in no way responsible for the sale or purchase of the Products on the Marketplace, and to the extent permitted by law, you agree to release Buy Aussie Now in relation to any claims or liability that may arise in connection with the sale or purchase of the Products.
- We do not warrant or represent that the Product Information is free from human or mechanical error, technical inaccuracies or other typographical errors or defects.
- The use of the Marketplace, the Services, and the Content is entirely at your own risk. Changes are periodically made and may be made at any time. You agree to release us and waive all claims you may have arising in relation to your use of the Marketplace or the Website, or your purchase of the Products on the Marketplace, to the extent permitted by law.
- We do not warrant that your access to the Marketplace and use of the Services will be uninterrupted or that the Marketplace won’t have some technical glitches, that any defects will be corrected, or that this Marketplace and its servers are free of computer viruses and other harmful data, code, components or other material.
- We expressly disclaim any warranties of title, non-infringement, merchantability, and fitness for a particular purpose as well as any warranties implied by a course of performance, course of dealing, or usage of trade.
- You acknowledge and agree that from time to time we may need to suspend access to all or a part of the Marketplace, Website, Services or Content while we fix defects and errors, install updates and undertake general diagnosis and maintenance of the Service or undertake emergency maintenance, and that as a result of which these applications may be less accessible or unavailable to you from time to time.
- To the fullest extent permitted by law, and subject to the ACL, Buy Aussie Now, its directors, employees, agents, contractors, and related entities will not be liable to you for any indirect, incidental, special, or consequential loss or damage, loss of profits or anticipated profits, economic loss, loss of business opportunity, loss of data, loss of reputation or loss of revenue (irrespective of whether the loss or damage is caused by or relates to breach of contract, tort (including negligence), statute or otherwise) arising in connection with your use of the Website, the Services or the Content.
- In addition to the above, to the fullest extent permitted by law, Buy Aussie Now, its directors, employees, agents, contractors, and related entities will not be liable to you in any way, directly or indirectly, in connection with any claim, loss or liability relating to Products purchased through the Marketplace, including for defective items, misrepresentations by Vendors, or items that may be the subject of product liability claims.
- Notwithstanding the above, nothing in these Terms excludes, restricts or modifies any consumer guarantee, right or remedy conferred on you by the ACL or any other applicable law that cannot be excluded, restricted or modified by agreement.
- If the ACL applies to your use or purchase of services or goods, the services or goods may come with guarantees that cannot be excluded under the ACL. For major failures with the service, you are entitled:
- to cancel your service contract with us; and
- to a refund for the unused portion, or to compensation for its reduced value.
- You are also entitled to choose a refund or replacement for major failures with goods that you purchase directly from us. If a failure with the goods or services does not amount to a major failure, you are entitled to have the failure rectified in a reasonable time. If this is not done you are entitled to a refund for the goods and to cancel the contract for the service and obtain a refund of any unused portion. You are also entitled to be compensated for any other reasonably foreseeable loss or damage from a failure in the goods or service.
- You agree to indemnify and hold harmless Buy Aussie Now, its directors, employees, agents, contractors, and related entities ("The Indemnified") in respect of any loss, damage, injury, or expense (including legal fees on a full indemnity basis) in connection with any third party claim made against The Indemnified in connection with:
- any breach of these Terms by you;
- your use of the Marketplace, the Content, and the Services;
- a breach of any applicable laws by you;
- your breach of any third party's rights (including but not limited to intellectual property rights),
- except to the extent the loss is caused by the negligence, or a willful act or omission, of The Indemnified.
13. Intellectual Property
- Unless otherwise stated, Buy Aussie Now owns the intellectual property rights to all Content on the Marketplace and Website, excluding any Content created or uploaded by a Vendor.
- All trademarks, trade names, and copyrightable material that appear on the Marketplace and Website are proprietary to Buy Aussie Now and/or its affiliates. The use of these trademarks, names, or materials without our consent will infringe on our intellectual property rights.
- Nothing on the Marketplace and Website or in these Terms should be interpreted as granting any rights to use or distribute any names, logos or trademarks of Buy Aussie Now unless express written consent is provided by us.
- We may suspend or terminate your Account immediately, without prior notice or liability, for any reason, including if you breach these Terms. Upon termination, your right to use the Services will immediately cease.
- We shall not be liable to you or any third party for any claims or damages arising out of any termination or suspension or any other actions taken by us in connection therewith. If applicable law requires us to provide notice of termination or cancellation, we will give prior or subsequent notice to you.
15. Gift Cards
- You acknowledge that Buy Aussie Now does not make any warranties with respect to any Gift Card balance and is not responsible for any unauthorized access to, or alteration, theft, or destruction of a Gift Card or Gift Card code that results from any action by you or a third party. You also acknowledge that we may suspend or prohibit the use of your Gift Card if your Gift Card or Gift Card code has been reported lost or stolen, or if we believe your Gift Card balance is being used suspiciously, fraudulently, or in an otherwise unauthorized manner. If your Gift Card code stops working, your only remedy is for us to issue you a replacement Gift Card code.
16. Competitions and Promotions
- Any contests, sweepstakes or other promotions (collectively, "Promotions") made available through the Website may be governed by rules that are separate from these Terms. If you participate in any Promotions, please review the applicable rules. If the rules of the Promotion are inconsistent with these Terms, the Promotion rules will apply to the extent of the inconsistency. Promotions could include but not limited to giveaways, discounts, or specials.
- As a Buyer, you may receive personal information from Vendors. You agree to treat all personal information that you receive in accordance with all applicable privacy laws and the Buyer Standards.
- You are responsible for the personal information that you process, and you acknowledge and understand that if you breach any privacy laws or other rights in relation to a Vendor's personal information, or if you misuse or disclose any personal information without the consent of the data subject, you will be responsible.
- Buy Aussie Now and the Buyer agrees that any confidential information received from, or in relation to, the other party, will be held confidentially and must only be used for the sole purpose for which the information was disclosed.
- You agree not to disclose, use, publish, sell, communicate or otherwise exploit any confidential information you receive from Buy Aussie Now or from a Vendor, unless you have the express written permission of the owner of the confidential information, or if required to do so by law.
- You agree to delete, destroy or return (as requested) any confidential information provided to you when it is no longer required for the purpose for which it was given.
- The laws of the state of Victoria, Australia govern these Terms and the parties agree to submit to the non-exclusive jurisdiction of the courts of Victoria, the Federal Court of Australia, and all other courts entitled to hear appeals from those courts.
- The failure by either party to enforce any provision of these Terms shall not be treated as a waiver of that provision, nor shall it affect that party’s right to subsequently enforce that provision. If any provision of these Terms shall be invalid, void, illegal, or unenforceable the validity, existence, legality, and enforceability of the remaining provisions shall not be affected, prejudiced, or impaired.
- We may license, subcontract and/or assign all or any part of our rights and/or obligations under these Terms without your consent. You cannot license, subcontract, or assign your rights without our written approval.
- Both parties warrant that they have the power to enter into these Terms and have obtained all necessary authorizations to allow them to do so, they are not insolvent and that these Terms creates binding and valid legal obligations on them.
- These Terms don't create any agency, partnership, joint venture, employment, or franchisee relationship between you and us.
Last updated: September 2020