Jointly.shop

Jointly.Shop Terms and Conditions

General
1. These Terms and Conditions (‘Terms’) contain the terms upon which you use the Jointly.Shop website and platform.
2. In these Terms, unless the context or subject matter otherwise requires:
  Australian Consumer Law related legislation and regulations;
  
  Buyer means a buyer or prospective buyer of goods on the Platform;
  
  Fee Schedule means the schedule of our fees published on our website from time to time;
  
  Hub Organiser means the creator of a Jointly Hub;
  
  GST has the same meaning as in the GST Law;
  
  GST Law refers to A New Tax System (Goods and Services Tax) Act 1999 (Cth) and related legislation and regulations;
  
  Platform means the Jointly.Shop website and platform;
  
  Privacy Policy means our privacy policy published on our website from time to time;
  
  Products means goods and any related products listed on the Platform;
  
  Seller means a seller or prospective seller of goods on the Platform;
  
  Terms means these Terms and Conditions;
  
  Us, our, we or Jointly.Shop refers to Jointly.Shop Pty Ltd as trustee for BWM Unit Trust;
  
  User means a user of the Platform, whether as a Buyer or a Seller;
  
  Website Terms of Use means our website terms of use published on our website from time to time;
  
  You or your refers to you as a User of the Platform, whether as a Buyer or Seller.
Scope of Services
1. We provide an online Platform for groups of Buyers to meet Sellers of Products online and to facilitate the bulk purchase of Products at discounted prices.
2. Sellers are responsible the listing, marketing, advertising, sale, delivery, and provision of services in relation to any Products sold by them (including any product returns).
3. In addition to Sellers listing Products they are selling, Buyers may list Products that they wish to purchase. Any Seller offering to provide a Product listed by a Buyer is responsible for ensuring the Product offered for sale matches the description of the Product listed by the Buyer.
4. You acknowledge our services are limited to providing the Platform, and we are not responsible for any Products listed on the Platform, including the accuracy of any listing, marketing or advertising material, nor are we responsible for the sale or delivery of any Products or the provision of any support with respect to any Products sold on the Platform.
Sale and Purchase
1. Each transaction entered into between a Buyer and a Seller on the Platform constitutes a legally binding contract between the Buyer and the Seller.
2. Buyers will make offers (‘intentions to purchase’) which shall have legal effect.
3. A contract is entered into when a Buyer places an order and the order is accepted by the Seller.
4. A Buyer may withdraw an offer before a Seller accepts the offer, in which case the Buyer shall not be obligated to complete the purchase. However, where we are of the view that a Buyer unreasonably or repeatedly withdraws offers, we may suspend or cancel their account.
5. A Seller may withdraw a Product listing or refuse to accept an offer provided by a Buyer, subject to the following:
  1. A Seller must not refuse to accept a set of offers from Buyers in circumstances where that set of offers satisfy 80% or more of the minimum required purchase quantity for that particular Product listing;
  2. Notwithstanding this clause, where we are of the view that a Seller unreasonably or repeatedly refuses to accept offers, we may suspend or cancel their account.
6. Sellers must hold the quantity of Products listed in a Product listing at all relevant times.
7. Parties must comply with any rules concerning the categories of Products that buy or sell on the Platform, including business to business Buyers and Sellers buying and selling within approved categories.
8. A Buyer may be invited to purchase Products as part of a Hub by a Hub Organiser. Where a Buyer authorises a Hub Organiser to make an offer on their behalf, the Buyer is bound by the offer in the same manner as if they had made the offer personally.
9. Each User is responsible for ensuring their own compliance with each contract entered into by them, and for enforcing any contract in the event of any default by another User.
10. We are not a party to, and have no responsibility for, the performance of any User’s obligations under any contract entered into using the Platform.
11. Users are required to satisfy themselves of the identities of other Users and that other Users are authorised to undertake transactions on the Platform.
12. Legal ownership in any Product sold using the Platform passes direct from the Seller to the Buyer and we do not take ownership of any Products at any time.
13. Where a Seller provides Buyers with a volume discount on the basis of a bulk purchase by multiple Buyers, each individual purchase by each individual Buyer constitutes an individual contract between Buyer and Seller and neither we nor any other Buyer shall be responsible if any one Buyer defaults under a contract, notwithstanding that the Seller may have charged a higher price had it not sold a Product to a defaulting Buyer.
Platform Terms of Use
1. You must abide by any Website Terms of Use published by us from time to time. If you fail to abide by our Website Terms of Use we may suspend or cancel your right to use the Platform without notice.
2. You must not use arrange any private sales of Products with other Users outside the Platform whom you connected with using the Platform. In the event that a Seller sells a Product outside the Platform to a Buyer introduced to them on the Platform in breach of this clause, the Seller must pay our fees as if the transaction completed using the Platform. We may suspend or cancel the account of any User that fails to comply with this clause.
Delivery and Shipping
1. Sellers are responsible for listing their delivery terms as part of any Product listing. Delivery fees and charges must be included as part of the final sale price for any transaction.
2. Sellers warrant that their delivery terms comply with all relevant laws, including the Australian Consumer Law.
3. Risk associated with the delivery shall be as set out in the Seller’s delivery terms or as otherwise agreed between Buyer and Seller.
4. Buyers and Sellers are responsible for the shipping and delivery of Products, and we accept no responsibility for any mis-delivery, non-delivery, short delivery or defect in delivery.
Product Returns
1. Sellers are responsible for listing their returns policy as part of any Product listing.
2. As a minimum, Sellers provide Buyers with the consumer guarantees under the Australian Consumer Law, including with respect to a Product’s quality, description and fitness for purpose.
3. Sellers warrant that their returns policy comply with all relevant laws, including the Australian Consumer Law.
4. Sellers undertake to take reasonable steps to address any issues raised by a Buyer with respect to a Product or its delivery, and undertakes to cooperate with us if we become involved to facilitate a resolution of the issues.
Content and Intellectual Property
1. Users are responsible for all content provided by them on the Platform, including Product listings made by them.
2. You warrant that any content that you upload or make available on the Platform is owned by you or that you are licensed and authorised to upload and publish the content, that it is lawful to publish the content, and that the content does not breach any third party intellectual property rights.
3. You must not upload or publish any content that, in our sole and absolute discretion, is false, misleading, deceptive, or has the potential to mislead or deceive.
4. You must not upload or publish any content that, in our sole and absolute discretion, is inappropriate, offensive, defamatory, illegal or which is subject to age or geographical restrictions.
5. Sellers must ensure that financial information provided by them, including recommended retail prices, Product prices, delivery costs and statements and representations about such financial information are true and accurate, and are not in any way misleading or deceptive.
6. You acknowledge that we are not responsible for, and make no warranties or representations with respect to, content published by Users on the Platform.
7. For the avoidance of doubt, a reference to content in this clause includes content provided in private communications facilitated through the Platform including through the chat function and email communications.
Payments
1. We utilise a third party payment platform for the processing and management of payments on the Platform.
2. The payment platform is governed by its own terms of use. In using the Platform, you agree to comply with the terms of use of the payment platform as varied by the payment platform provider from time to time.
3. You must provide and maintain up to date payment information at all times whilst using the Platform.
4. For high value transactions, we may authorise a Buyer and Seller to arrange payment between themselves. We accept no responsibility for payment arrangements processed or managed outside of the Platform.
Our Fees
1. We charge Sellers transaction fees and subscription fees. Our fees are contained in our Fee Schedule or as otherwise agreed with a Seller in writing.
2. If you are a Seller:
  1. you authorise us to collect our fees on each transaction from the monies paid by the Buyer, through the third party payment platform, before the third party payment platform remits the balance of the monies to you;
  2. you authorise us to collect our subscription fees and any other fees that we do not collect from a Buyer (if any) by charging your credit card or other nominated payment method through the third party payment platform;
  3. you acknowledge that, for high value items where a Buyer pays a deposit, we may collect our fees from the deposit; and
  4. you agree that we may also require payment of our fees in any other manner that we reasonable require in our discretion.
3. Unless required by law or as otherwise agreed, our fees are non-refundable.
4. Our fees are payable by the Seller and the Seller must not pass on our fees to the Buyer.
5. In the event that a Seller offers a refund to a Buyer, we are not required to refund our fees in relation to the transaction to the Seller and the Seller must not deduct our fees from any refund offered to the Buyer (unless the refund is due solely to a change of mind by the Buyer, in which case the Seller may recover its reasonable costs).
6. In the event that we collect our fees from a deposit and a deposit becomes repayable to the Buyer, the Seller must reimburse us for the fees returned from any deposit monies.
7. Unless otherwise stated, our fees are exclusive of GST and any GST applicable to the provision of our services is in addition to the listed fees.
8. In the event of the non-payment of any fees, and without prejudice to any of our other rights, we may suspend our services or cancel your account.
GST and Taxes on Purchases
1. Sellers are responsible for all GST and other taxes and duties payable to the Commonwealth of Australia or any government of any State or Territory of Australia payable on Products sold on the Platform to an Australian Buyer and all prices of Products listed on the Platform must be inclusive of any applicable GST, taxes and duties payable to the Commonwealth of Australia or any government of any State or Territory of Australia.
2. International Sellers are responsible for all taxes and duties charged by foreign governments, including any sales tax and customs duties in foreign jurisdictions.
3. International Buyers are responsible for all taxes and duties payable to any foreign government, including any import and customs duties.
Privacy and Confidential Information
1. We will not provide your personal information to third parties for marketing purposes without your prior consent. We may provide your personal information to third parties for the purposes of operating the Platform (including third party payment providers) and we will provide personal information to other Users with whom you enter into transactions for the purposes of facilitating the transaction. More information about the information that we collect and how we use that information can be found in our Privacy Policy.
2. If we provide you with the personal information of other Users for the purpose of facilitating transactions, you must keep that information private and confidential, and must not disclose the information to third parties other than in the course of completing the transaction or as otherwise required by law.
Warranties by Users
1. You warrant that you are authorised to act for the individual, company or other enterprise upon whose behalf you use and access the Platform.
2. You warrant that you have legal capacity to enter into binding contracts with us and with other Users, including the authority to enter into these Terms.
3. You warrant that the information that you provide us is accurate and current, and that you will ensure that the records that we hold in relation to your account remain accurate and current.
4. Sellers warrant that they are lawfully permitted to carry on a business of selling Products on the Platform, and that they comply with all laws in listing and selling Products.
Limitation of Liability
1. You acknowledge that, to the extent permitted by law, the Platform is provided ‘as is’ and we make no representations or warranties with respect to the suitability, reliability, availability or accessibility of the Platform.
2. To the extent permitted by law, we (including our officers, contractors, employees, agents, and related or associated parties) are not responsible for any harm, damage, loss, cost or expense that you or any third party may suffer as a result of your use of the Platform and you release us from any liability from any claim in relation to any harm, damage, loss, cost, or expense thereto, save that where such harm, damage, loss, cost or expense arises from a breach by us of these Terms or the statutory guarantees that we are required to provide you under the Australian Consumer Law, then to the extent permitted by law, you agree that our liability is limited to the re-supply of the services provided or the payment of the monies paid by you with respect to the services.
Release
1. You release us (including our officers, contractors, employees, agents, and related or associated parties) from any claim, harm, damage, loss, cost, or expense whatsoever arising from any dispute with any User or other third party.
Indemnities
1. You indemnify us (including our officers, contractors, employees, agents, and related or associated parties) against any claim, harm, damage, loss, cost, or expense whatsoever suffered by us as a result of your use of the Platform, including any claim by a third party against us, except to the extent that such claim, harm, damage, loss, cost, or expense arises from a breach by us of our obligations under these Terms or the statutory guarantees provided by us to you under the Australian Consumer Law.
Notices
1. We may provide you with any notice by sending the notice by email or post to your most recent address in our records.
Changes to Terms and Conditions
1. We may vary these Terms at any time. If we vary these Terms, we shall publish the updated Terms on our website and we shall notify Users of the change by email.
Cessation of Services
1. We may cease providing services to you at any time if we consider, in our sole discretion, that it is not appropriate for us to continue providing you with access to the Platform.
Governing Law
1. These Terms are governed by the laws of Victoria, Australia and the parties submit to the exclusive jurisdiction of the courts of the State of Victoria and of the Commonwealth of Australia.

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Jointly.Shop Terms and Conditions