Terms Of Use

  1.      About the Website
1.1.   Welcome to www.australiamart.com.au  (the 'Website'). The Website provides you with an opportunity to browse and purchase various products that have been listed for sale through the Website (the 'Products'). The Website provides this service  by  way  of  granting  you  access  to  the  content  on  the Website  (the
'Purchase Services').
1.2.   The Website is operated by AustraliaMart.biz PTY. LTD. (ACN 612 289 399).
Access to and use of the Website, or any of its associated Products or Purchase Services,  is  provided  by  AustraliaMart.biz (Áustraliamart') .  Please  read  these  terms  and conditions (the 'Terms') carefully. By using, browsing and/or reading the Website, this signifies that you have read, understood and agree to be bound by the Terms.  If  you  do  not  agree  with  the  Terms,  you  must  cease  usage  of  the Website, or any of the Purchase Services, immediately.
1.3.   AustraliaMart reserves the right to review and change any of the Terms by updating this page at its sole discretion. When AustraliaMart updates the Terms, it will use reasonable endeavours to provide you with notice of updates to the Terms. Any changes to the Terms take immediate effect from the date of their publication. Before you continue, we recommend you keep a copy of the Terms for your records.
2.      Acceptance of the Terms
You accept the Terms by remaining on the Website. You may also accept the Terms by clicking to accept or agree to the Terms where this option is made available to you by AustraliaMart in the user interface.
 3.      Registration to use the Purchase Services
3.1.   In order to access the Purchase Services, you must first register as a user of the Website. As part of the registration process, or as part of your continued use of the Purchase Services, you may be required to provide personal information about yourself (such as identification or contact details), including:
(a)     an email address
(b)     preferred username
(c)     a mailing address
(d)     a telephone number
(e)     a password.

3.2.   You warrant that any information you give to AustraliaMart in the course of completing the registration process will always be accurate, correct and up to date.
3.3.   Once you have  completed the registration process, you will be a registered member of the Website ('Member') and agree to be bound by the Terms. As a Member you will be granted immediate access to the Purchase Services.
3.4.   You may not use the Purchase Services and may not accept the Terms if:
(a)     you are not of legal age to form a binding contract with AustraliaMart; or
(b)    you are a person barred from receiving the Purchase Services under the laws of Australia or other countries including the country in which you are resident or from which you use the Purchase Services.

4.      Your obligations as a Member
4.1.   As a Member, you agree to comply with the following:
You will use the Purchase Services only for purposes that are permitted by:
(a)     the Terms;
(b)    any applicable law, regulation or generally accepted practices or guidelines in the relevant jurisdictions;
(c)    you have the sole responsibility for protecting the confidentiality of your password and/or email address. Use of your password by any other person may result in the immediate cancellation of the Purchase Services;
(d)    any  use  of  your  registration  information  by  any  other  person,  or  third parties, is strictly prohibited. You agree to immediately notify AustraliaMart  of  any  unauthorised  use  of  your  password  or  email address or any breach of security of which you have become aware;
(e)    access and use of the Website is limited, non-transferable and allows for the sole use of the Website by you for the purposes of AustraliaMart providing the Purchase Services;
(f)     you will not use the Purchase Services or Website for any illegal and/or unauthorised use which includes collecting email addresses of Members by electronic or other means for the purpose of sending unsolicited email or unauthorised framing of or linking to the Website;
(g)    you agree that commercial advertisements, affiliate links, and other forms of solicitation may be removed from the Website without notice and may result in termination of the Purchase Services. Appropriate legal action will be taken by AustraliaMart for any illegal or unauthorised use of the Website; and
(h)     you acknowledge and agree that any automated use of the Website or its
Purchase Services is prohibited.
5.      Purchase of Products and Returns Policy
5.1.   In using the Purchase Services to purchase the Product through the Website, you will agree to the payment of the purchase price listed on the Website for the Product (the 'Purchase Price').
party providers:
(a)         Paypal
(the 'Payment Gateway Providers')
In using the Purchase Services, you warrant that you have familiarised yourself with, and agree to be bound by, the applicable Terms and Conditions of Use, Privacy Policy and other relevant legal documentation provided by the Payment Gateway Providers.
5.3.   Following payment of the Purchase Price being confirmed by AustraliaMart, you will be issued with a receipt to confirm that the payment has been received and AustraliaMart.biz may record your purchase details for future use.
5.4.   AustraliaMart may, at their sole discretion, provide a refund on the return of the Products within 14 days where the Product packaging is unopened and remains in a saleable condition. You acknowledge and agree that you are liable for any postage and shipping costs associated with any refund pursuant to this clause.
6.      Warranty
6.1.   AustraliaMart's  Products  come  with  guarantees  that  cannot  be  excluded under the Australian Consumer Law. You are entitled to a replacement or refund for a major failure of the Product. You are also entitled to have the Products repaired or replaced if the Products fail to be of acceptable quality and the failure does not amount to a major failure (the 'Warranty').
6.2.   You may make a claim under this clause (the 'Warranty Claim') for material defects and workmanship in the Products within from the date of purchase (the
'Warranty Period').
6.3.   In order to make a Warranty Claim during the Warranty Period, you must provide proof of purchase to the relevent sellers showing the date of purchase of the Products,  provide  a  description  of  the  Products  and  the  price  paid  for  the Products by sending by sending email to the relevent seller or to info@australiamart.com.au .
6.4.  Where the Warranty Claim is accepted then seller will, at its sole discretion, either repair or replace any defective Products or part thereof with a new or remanufactured equivalent during the Warranty Period at no charge to you for parts or labour. You acknowledge and agree that you will be solely liable for any postage or shipping costs incurred in facilitating the Warranty Claim unless otherwise stated by the seller in the warranty declaration.
6.5. The Warranty shall  be  the  sole  and  exclusive  warranty granted  by the seller and shall be the sole and exclusive remedy available to you in addition to other rights and under a law in relation to the Products to which this warranty relates.
6.6.   All implied warranties including the warranties of merchantability and fitness for use are limited to the Warranty Period. Any liability for Australiamart will not exceed the total amount paid for purchase of product including the delivery charges.
6.7.   The Warranty does not apply to any appearance of the supplied Products nor to the additional excluded items set forth below nor to any supplied Products where misuse, abnormal service or handling, or which has been altered or modified in design or construction.
7.      Delivery
7.1.   You  acknowledge  that  the  Purchase  Services  offered  by  AustraliaMart integrate delivery (the 'Delivery Services') through the use of third party delivery companies (the 'Delivery Service Providers').
7.2.   In providing the Purchase Services, AustraliaMart may provide you with a variety of delivery and insurance options offered as part of the Delivery Services by         the   Delivery   Service   Providers.   You   acknowledge   and   agree   that AustraliaMart is not the provider of these delivery and insurance options and merely facilitates your interaction with the Delivery Service Providers in respect to providing the Delivery Services.
7.3.   In the event  that  an  item is  lost  or  damaged in the course of  the Delivery
Services, AustraliaMart asks that you:
(a)    contact the Delivery Service Provider directly to request a refund or to claim on any insurance options available; and
(b)    contact us by sending an email to info@australiamart.com.au outlining in what way the Products were damaged in transit so we are able to determine if the Delivery Service Provider should be removed from the Purchase Services.
 8.      Copyright and Intellectual Property
8.1. The Website, the Purchase Services and all of the related products of AustraliaMart  are  subject  to  copyright.  The  material  on  the  Website  is protected by copyright under the laws of Australia and through international treaties. Unless otherwise indicated, all rights (including copyright) in the site content and compilation of the website (including text, graphics, logos, button icons, video images, audio clips and software) (the 'Content') are owned or controlled for these purposes, and are reserved by AustraliaMart or its contributors.
8.2.   AustraliaMart retains all rights, title and interest in and to the Website and all related content.  Nothing you do on or in relation to the Website will transfer to you:
(a)    the business name, trading name, domain name, trade mark, industrial design, patent, registered design or copyright of AustraliaMart; or
(b)    the right to use or exploit a business name, trading name, domain name, trade mark or industrial design; or
(c)    a system or process that is the subject of a patent, registered design or copyright (or an adaptation or modification of such a system or process).
8.3.  You may not, without the prior written permission of AustraliaMart and the permission of any other relevant rights owners: broadcast, republish, up-load to a third party, transmit, post, distribute, show or play in public, adapt or change in
any way the Content or third party contact for any purpose. This prohibition does not extend to materials on the Website which are freely available for re-use or are in the public domain.
9.      Privacy
AustraliaMart takes your privacy seriously and any information provided through your use of the Application and/or the Purchase Services are subject to AustraliaMart's Privacy Policy, which is available on the Application.
10.    General Disclaimer
10.1. You acknowledge that AustraliaMart does not make any terms, guarantees, warranties,  representations  or  conditions  whatsoever  regarding  the  Products other than provided for pursuant to these Terms.
10.2. AustraliaMart will make every effort to ensure a Product is accurately depicted on the Website, however, you acknowledge that sizes, colours and packaging may differ from what is displayed on the Website.
10.3. Nothing   in   these   Terms   limits   or   excludes   any   guarantees,   warranties, representations or conditions implied or imposed by law, including the Australian Consumer Law (or any liability under them) which by law may not be limited or excluded.
10.4. Subject to this clause, and to the extent permitted by law:
(a)    all terms, guarantees, warranties, representations or conditions which are not expressly stated in these Terms are excluded; and
(b)    AustraliaMart  we   will  not  be  liable  for  any  special,  indirect  or consequential loss or damage (unless such loss or damage is reasonably foreseeable resulting from our failure to meet an applicable Consumer Guarantee), loss of profit or opportunity, or damage to goodwill arising out of or in connection with the Purchase Services or these Terms (including as a result of not being able to use the Purchase Services or the late supply of the Purchase Services), whether at common law, under contract, tort (including negligence), in equity, pursuant to statute or otherwise.
10.5. Use  of  the  Website,  the  Purchase  Services,  and  any  of  the  products  of AustraliaMart   (including   the   Delivery   Services),   is   at   your   own   risk. Everything on Website, the Purchase Services, and the Products of AustraliaMart, are provided to you on an "as is" and "as available" basis, without warranty or condition of any kind. None of the affiliates, directors, officers, employees, agents, contributors, third party content providers or licensors of AustraliaMart. (including any third party where the Delivery Services are made available to you) make any express or implied representation or warranty about its Content or any products or Purchase Services (including the products or Purchase Services of AustraliaMart) referred to on the Website. This includes (but is not restricted to) loss or damage you might suffer as a result of any of the following:
(a)    failure of performance, error, omission, interruption, deletion, defect, failure to correct defects, delay in operation or transmission, computer virus or other harmful component, loss of data, communication line failure, unlawful third party conduct, or theft, destruction, alteration or unauthorised access to records;
(b)    the accuracy, suitability or currency of any information on the Website, the Purchase Service, or any of its Content related products (including third party material and advertisements on the Website);
(c)     costs incurred as a result of you using the Website, the Purchase Services or any of the Products;
(d)     the Content or operation in respect to links which are provided for the
User's convenience;
(e)    any failure to complete a transaction, or any loss arising from e-commerce transacted on the Website; or
(f)     any defamatory, threatening, offensive or unlawful conduct of third parties or publication of any materials relating to or constituting such conduct.
11.     Limitation of Liability
11.1. AustraliaMart's total liability arising out of or in connection with the Purchase Services  or  these  Terms,  however  arising,  including  under  contract,  tort (including negligence), in equity, under statute or otherwise, will not exceed the most recent Purchase Price paid by you under these Terms or where you have not paid the Purchase, then the total liability of AustraliaMart is the resupply of information or Purchase Services to you.
11.2. You  expressly  understand  and  agree  that  AustraliaMart,  its  affiliates, employees, agents, contributors, third party content providers and licensors shall not be liable to you for any direct, indirect, incidental, special consequential or exemplary damages which may be incurred by you, however caused and under any theory of liability. This shall include, but is not limited to, any loss of profit (whether  incurred  directly  or  indirectly),  any  loss  of  goodwill  or  business reputation and any other intangible loss.
11.3. AustraliaMart is not responsible or liable in any manner for any site content (including the Content and Third Party Content) posted on the Website or in connection with the Purchase Services, whether posted or caused by users of the website of AustraliaMart, by third parties or by any of the Purchase Services offered by AustraliaMart.
11.4. You acknowledge that AustraliaMart does not provide the Delivery Services to you and you agree that AustraliaMart will not be liable to you for any special, indirect or consequential loss or damage, loss of profit or opportunity, or damage to goodwill arising out of or in connection with the Delivery Services.
 12.    Termination of Contract
12.1. The  Terms  will  continue  to  apply  until  terminated  by  either  you  or  by
AustraliaMart as set out below.
12.2. If you want to terminate the Terms, you may do so by: (a)     notifying AustraliaMart at any time; and
(b)    closing your accounts for all of the Purchase Services which you use, where AustraliaMart has made this option available to you.
Your notice should be sent, in writing, to AustraliaMart via the 'Contact Us' link on our homepage.
12.3. AustraliaMart may at any time, terminate the Terms with you if:
(a)    you have breached any provision of the Terms or intend to breach any provision;
(b)     AustraliaMart. is required to do so by law;
(c)     the partner with whom AustraliaMart offered the Purchase Services to you has terminated its relationship with AustraliaMart or ceased to offer the Purchase Services to you;
(d)    AustraliaMart  is  transitioning  to  no  longer  providing  the  Purchase Services to Users in the country in which you are resident or from which you use the service; or
(e)    the provision of the Purchase Services to you by AustraliaMart is, in the opinion of AustraliaMart, no longer commercially viable.
12.4. Subject   to   local   applicable   laws,   AustraliaMart   reserves   the  right   to discontinue or cancel your membership to the Website at any time and may suspend or deny, in its sole discretion, your access to all or any portion of the Website or the Purchase Services without notice if you breach any provision of the Terms or any applicable law or if your conduct impacts AustraliaMarts name or reputation or violates the rights of those of another party.
12.5. When the Terms come to an end, all of the legal rights, obligations and liabilities that you and AustraliaMart have benefited from, been subject to (or which have accrued over time whilst the Terms have been in force) or which are expressed to continue indefinitely, shall be unaffected by this cessation, and the provisions of this clause shall continue to apply to such rights, obligations and liabilities indefinitely.
 13.    Indemnity
13.1. You  agree  to  indemnify  AustraliaMart,  its  affiliates,  employees,  agents, contributors, third party content providers and licensors from and against:
(a)    all actions, suits, claims, demands, liabilities, costs, expenses, loss and damage (including legal fees on a full indemnity basis) incurred, suffered or arising out of or in connection with any Content you post through the Website;
(b)    any direct or indirect consequences of you accessing, using or transacting on the Website or attempts to do so and any breach by you or your agents of these Terms; and/or
(c)     any breach of the Terms.
14.    Dispute Resolution
14.1. Compulsory:
If a dispute arises out of or relates to the Terms, either party may not commence any Tribunal or Court proceedings in relation to the dispute, unless the following clauses have been complied with (except where urgent interlocutory relief is sort).
14.2. Notice:
A party to the Terms claiming a dispute ('Dispute') has arisen under the Terms, must give written notice to the other party detailing the nature of the dispute, the desired outcome and the action required to settle the Dispute.
14.3. Resolution:
On  receipt  of  that  notice  ('Notice')  by  that  other  party,  the  parties  to  the  Terms
('Parties') must:
(a)    Within 14 days of the Notice endeavor in good faith to resolve the Dispute expeditiously by negotiation or such other means upon which they may mutually agree;
(b)    If for any reason whatsoever, 14 days after the date of the Notice, the Dispute  has  not  been  resolved,  the  Parties  must  either  agree  upon selection  of  a  mediator  or  request  that  an  appropriate  mediator  be appointed by the President of the Australian Mediation Association or his or her nominee;
(c)     The Parties are equally liable for the fees and reasonable expenses of a mediator and the cost of the venue of the mediation and without limiting the foregoing undertake to pay any amounts requested by the mediator as a pre-condition to the mediation commencing. The Parties must each pay their own costs associated with the mediation;
(d)     The mediation will be held in New South Wales, Australia.
14.4. Confidential
All communications concerning negotiations made by the Parties arising out of and in connection  with  this  dispute  resolution  clause  are  confidential  and  to  the  extent possible, must be treated as "without prejudice" negotiations for the purpose of applicable laws of evidence.
14.5. Termination of Mediation:
If 1 week have elapsed after the start of a mediation of the Dispute and the Dispute has not been resolved, either Party may ask the mediator to terminate the mediation and the mediator must do so.
 15.    Venue and Jurisdiction
The Purchase Services offered by AustraliaMart is intended to be viewed by residents of Australia. In the event of any dispute arising out of or in relation to the Website, you agree that the exclusive venue for resolving any dispute shall be in the courts of the state of Victoria, Australia.

16.    Governing Law
The Terms are governed by the laws of New South Wales, Australia. Any dispute, controversy, proceeding or claim of whatever nature arising out of or in any way relating to the Terms and the rights created hereby shall be governed, interpreted and construed by, under and pursuant to the laws of New South Wales, Australia, without reference to conflict of law principles, notwithstanding mandatory rules. The validity of this governing law clause is not contested. The Terms shall be binding to the benefit of the parties hereto and their successors and assigns.
17.    Independent Legal Advice
Both parties confirm and declare that the provisions of the Terms are fair and reasonable and both parties having taken the opportunity to obtain independent legal advice and declare the Terms are not against public policy on the grounds of inequality or bargaining power or general grounds of restraint of trade.
18.    Severance
If any part of these Terms is found to be void or unenforceable by a Court of competent jurisdiction, that part shall be severed and the rest of the Terms shall remain in force.