WEBSITE(MARKETPLACE) TERMS AND CONDITIONS OF USE

1. About the Website (Marketplace)
1. 1.Welcome to www.ause1.com.au (the 'Website'’(Marketplace’).
The Website (Marketplace) facilitates interactions between:
(a) you the customer (the 'Receiver'); and
(b) AusE1 & The individual store owners (the 'Provider'/Seller/Vendor),
making it easier for the Receiver and the Provider to locate, communicate,
arrange payment and deliver the services in a fast and secure manner (the
'Services').
1. 2.The Website (Marketplace) is operated by AusE1 Pty. Ltd. (ACN 640508247) . Access
to and use of the Website (Marketplace), or any of its associated products or
Services, is provided by AusE1 Pty Ltd. Please read these terms and conditions
(the 'Terms') carefully. By using, browsing and/or reading the Website
(Marketplace), 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 (Marketplace), or any of its products or Services, immediately.
1. 3.AusE1 Pty Ltd reserves the right to review and change any of the Terms by updating
this page at its sole discretion. When AusE1 Pty Ltd updates the Terms, it will
use reasonable endeavors to provide you with notice of updates of 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 ultizing and/or registering for the Services and/or making any payment as
required under the Terms for use of the Services. You may also accept the Terms by
clicking to accept or agree to the Terms where and if this option is made available to
you by AusE1 Pty Ltd in the user interface
3. The Services
3. 1.In order to access the Services, both the Receiver and the Provider are
required to register for an account through the Website (Marketplace) (the
'Account').
3. 2.As part of the registration process, or as part of your continued use of the Services,
you may be required to provide personal information about yourself (such as
identification or contact details), including:
(a) Email address
(b) Name
(c) Preferred username
(d) Mailing address
(e) Telephone number
(f) Password
3. 3.You warrant that any information you give to AusE1 Pty Ltd in the course of
completing the registration process will always be accurate, correct and up to
date.
3. 4.Once you have completed the registration process, you will be a registered
member of the Website (Marketplace) ('Member') and agree to be bound by
the Terms.
3. 5.You may not use the Services and may not accept the Terms if:
(a) you are not of legal age to form a binding contract with AusE1 Pty Ltd; or
(b) you are a person barred from receiving the Services under the laws of
Australia or other countries including the country in which you are resident
or from which you use the Service
4. Your obligations as a Member
4. 1.As a Member, you agree to comply with the following:
(a) you will not share your profile with any other person;
(b) you will use the Services only for purposes that are permitted by:
(i) the Terms; and
(ii) any applicable law, regulation or generally accepted practices or
guidelines in the relevant jurisdictions;
(c) you have 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 Services;
(d) any use of your registration information by any other person, or third
parties, is strictly prohibited. You agree to immediately notify AusE1 Pty
Ltd of any unauthorised use of your password or email address or any
breach of security of which you have become aware;
(e) you must not expressly or impliedly impersonate another Member or use
the profile or password of another Member at any time;
(f) any content that you broadcast, publish, upload, transmit, post or
distribute on the Website (Marketplace) ('Your Content') will always be
accurate, correct and up to date and you will maintain reasonable
records of Your Content.
(g) you agree not to harass, impersonate, stalk, threaten another Member or
Provider of the Website (Marketplace) (where interaction with other
Members is made available to you);
(h) access and use of the Website (Marketplace) is limited, non-transferable
and allows for the sole use of the Website by you for the purposes of
providing the Services;
(i) you will not use the Services or the Website (Marketplace) in
connection with any commercial endeavors except those that are
specifically endorsed or approved by the management of AusE1 Pty
Ltd;
(j) you will not use the Services or Website (Marketplace) for any illegal and/or
unauthorized use which includes collecting email addresses of Members by
electronic or other means for the purpose of sending unsolicited email or
unauthorized framing of or linking to the Website (Marketplace);
(k) you agree that commercial advertisements, affiliate links and other forms
of solicitation may be removed from Member profiles without notice and
may result in termination of the Services. Appropriate legal action will be
taken by AusE1 Pty Ltd for any illegal or unauthorized use of the Website;
and
(l) you acknowledge and agree that any automated use of the Website
(Marketplace) or its Services is prohibited
5. Using the Website as the Receiver
5. 1.By registering or initiating a transaction as a consumer to purchase goods &
services directly from this
marketplace or via the third party Australian Owned Businesses - you
automatically agree to all of the AusE1 Pty Ltd terms & conditions and
also to that of the individual stores Terms & conditions (as per explained
within their sites). All Goods & service that are supplied by either AusE1
Pty Ltd or it's partners will adhere to be in compliance with Australian
Consumer Law. When you purchase with the third party vendor stores
you agree that AusE1 Pty Ltd is not responsible for any returns,
warranties or the integrity of the said purchase item. Or liable for any
misleading or incorrect information from of the third party vendor stores.
It is also your undertaking to act in a civil controlled manner whilst
dealing with AusE1 Pty Ltd , it’s Providers and employees whilst
following all protocols in place to help make your experience is the best
it can be.
6. Using the Website as the Provider
6. 1.As a provider of goods and services you the provider agree to adhere to the terms &
conditions provided by AusE1 pty Ltd. You also agree to be bound by both the
terms & conditions of AusE1 pty ltd and your own T&c's when dealing with
consumers provided by the AusE1.com.au Platform. All dealing's with said
customers with be in accordance with Australian Consumer Law. You agree by
being part of the AusE1 platform to describe items accurately, to dispatch goods
same day or within 24hrs (unless customer is aware of delay clearly mentioned
before checkout) and list items competitively at a value price. Any extra
costs/delays and/or other issues that may affect a quality customer experience
must be clearly explained before checkout. As a provider it is your responsibility
to keep items as advertised in stock, honour warranties (as per your T&Cs and
ACL requirements) and give the customer exceptional service. All returns/refunds
should be dealt with quickly and provide clear communication to the customer so
to limit any further negative experience. If an issue arises that is going beyond the
normal customer experience. AusE1 Pty Ltd is to be notified immediately. If seller
is found to have enticed receiver directly away from platform for ongoing sales
then the seller will be immediately barred from marketplace.

7. Payment

7. 1.By AusE1 Pty Ltd offering the Services to you, you agree that:

(a) any subscription fees/commissions are paid and up to date.

7.2 All payments made in the course of your use of the services are made via our payment gateway.

7.3 In using the Website, the Services or when making any payment in relation to your use of the services
you warrant that you have read, understood and agree to be bound by the merchant terms and conditions
which are available on our marketplace website.

7.4 Payment & Charges to vendors(sellers): See Product and Merchant Agreement

8. Refund Policy
8. 1.Since AusE1 Pty Ltd is only a facilitator in introducing the Receiver to the Provider
and providing a system to make safe payment, AusE1 Pty Ltd does
not hold any liability to the Receiver/Seller directly and is totally at their
discretion to refund either parties any payments made in the use of
Services.
8. 2.Notwithstanding the above clause, if a Receiver is unsatisfied with the services
provided by the Provider or believes that they may be entitled to a refund, then
AusE1 Pty Ltd requires the Receiver to follow this procedure:
(a). contact marketplace directly to request a refund/replacement; and
(b) if your refund is not successful after fourteen (14) days, contact
AusE1 Pty Ltd through the 'Contact Us' section of the Website (Marketplace)
outlining why you believe you are entitled to a refund so we are able to further
determine if the refund is warranted.
8. 3.If contacted directly by a Receiver who is requesting a refund pursuant to the above
clause, the Provider agrees that it will immediately:
(a) complete the AusE1 Pty Ltd refund request form (the 'Request
Form') provided on the Website; and
(b) provide both the Request Form and the email from the
Receiver requesting the refund to AusE1 Pty Ltd.
8. 4.If the Provider agrees to a refund it is acknowledged that the Provider will
instruct AusE1 Pty Ltd to refund all or part of the payments made to the
Receiver directly, less any fees and charges incurred by AusE1 Pty Ltd in
processing the refund.
8. 5.Both the Receiver and Provider agree that they will comply with the Refund Policy
contained in this Clause of these Terms. Both seller and customer must
ultimately adhere to Australian Consumer Laws ACL.
9. Copyright and Intellectual Property
9. 1.The Website (Marketplace), the Services and all of the related products of AusE1 Pty
Ltd are subject to copyright & registered trademarks. The material on the
Website (Marketplace) is protected by copyright under the laws of Australia and
through international treaties. Unless otherwise indicated, all rights (including
copyright) in the Services and compilation of the Website (including but not
limited to text, graphics, logos, button icons, video images, audio clips, Website,
code, scripts, design elements and interactive features) or the Services are
owned or controlled for these purposes, and are reserved by AusE1 Pty Ltd or its
contributors.
9. 2.All trademarks, service marks and trade names are owned, registered and/or
licensed by AusE1 Pty Ltd, who grants to you a worldwide, non-exclusive,
royalty-free, revocable license whilst you are a Member to:
(a) use the Website (marketplace) pursuant to the terms;
(b) copy and store the Website (Marketplace) and the material contained in
the Website (Marketplace) in your device's cache memory; and
(c) print pages from the Website (Marketplace) for your own personal and non-commercial
use.
AusE1 Pty Ltd does not grant you any other rights whatsoever in relation to the
Website (Marketplace) or the Services. All other rights are expressly reserved by
AusE1 Pty Ltd.
9. 3.AusE1 Pty Ltd retains all rights, title and interest in and to the Website and all
related Services. Nothing you do on or in relation to the Website will transfer
any:
(a) business name, trading name, domain name, trade mark, industrial
design, patent, registered design or copyright, or
(b) a right to use or exploit a business name, trading name, domain name,
trade mark or industrial design, or
(c) a thing, system or process that is the subject of a patent, registered design
or copyright (or an adaptation or modification of such a thing, system or
process),to you.
9. 4.You may not, without the prior written permission of AusE1 Pty Ltd 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
Services or third party Services for any purpose, unless otherwise provided by
these Terms. This prohibition does not extend to materials on the Website
(Marketplace), which are freely available for re-use or are in the public domain.
9. 5.Where you broadcast, publish, upload, transmit, post or distribute Your Content on the
Website (Marketplace), then you grant to AusE1 Pty Ltd a non-exclusive,
transferrable, perpetual, royalty-free, irrevocable, worldwide licence to broadcast,
republish, up-load to a third party, transmit, post, distribute, show or play in
public, adapt or change your content
10. Privacy
AusE1 Pty Ltd takes your privacy seriously and any information provided through your
use of the Website (Marketplace) and/or Services are subject to AusE1 Pty Ltd's Privacy
Policy, which is available on the Website.
11. General Disclaimer
11. 1. Nothing in the 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.
11. 2. 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 the Terms are excluded; and
(b) AusE1 Pty Ltd 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 Services or these Terms (including as a result of not
being able to use the Services or the late supply of the Services), whether
at common law, under contract, tort (including negligence), in equity,
pursuant to statute or otherwise.
11. 3. Use of the Website and the Services is at your own risk. Everything on the
Website (Marketplace)and the Services is provided to you "as is" and
"as available" without warranty or condition of any kind. None of the
affiliates, directors, officers, employees, agents, contributors and
licensee's of AusE1 Pty Ltd make any express or implied representation
or warranty about the Services or any products or Services (including
the products or Services of AusE1 Pty Ltd) referred to on the Website
(Marketplace). 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 unauthorized access
to records;
(b) the accuracy, suitability or currency of any information on the Website, the
Services, or any of its Services related products (including third party
material and advertisements on the Website);
(c) costs incurred as a result of you using the Website (Marketplace), the
Services or any of the products of AusE1 Pty Ltd; and
(d) the Services or operation in respect to links which are provided for your
convenience
11. 4. You acknowledge that AusE1 Pty Ltd Website (Marketplace) and the Services are only
intended to facilitate the interactions between the Receiver and the Provider and does not
offer any services other than the Services and AusE1 Pty Ltd holds no liability to you as a
result of any conduct of the Members or the misuse of Your Content by any party (including
other Members)
12. Limitation of Liability
12. 1. AusE1 Pty Ltd's total liability arising out of or in connection with the Services or
these Terms, however arising, including under contract, tort (including
negligence), in equity, under statute or otherwise, will not exceed the resupply
of the Services to you.
12. 2. You expressly understand and agree that AusE1 Pty Ltd, its affiliates, employees,
agents, contributors and licensee's 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.
12. 3. You acknowledge and agree that AusE1 Pty Ltd holds no liability for any direct,
indirect, incidental, special consequential or exemplary damages which may be
incurred by you as a result of providing Your Content to the Website
(Marketplace).
13. Termination of Contract
13. 1. If you want to terminate the Terms, you may do so by providing AusE1 Pty Ltd with
14 days' notice of your intention to terminate by sending notice of your intention
to terminate to AusE1 Pty Ltd via the 'Contact Us' link on our homepage or email
admin@ause1.com.au.
13. 2. AusE1 Pty Ltd 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) AusE1 Pty Ltd is required to do so by law;
(c) AusE1 Pty Ltd is transitioning to no longer providing the Services to
Members in the country in which you are resident or from which you use
the service; or
(d) the provision of the Services to you by AusE1 Pty Ltd is, in the opinion of
AusE1 Pty Ltd, no longer commercially viable.
13. 3. Subject to local applicable laws, AusE1 Pty Ltd reserves the right to discontinue or
cancel your membership at any time and may suspend or deny, in its sole
discretion, your access to all or any portion of the Website (Marketplace) or the
Services without notice if you breach any provision of the Terms or any
applicable law or if your conduct impacts AusE1 Pty Ltd name, reputation or violates
the rights of those of another party.
13. 4. When the Terms come to an end, all of the legal rights, obligations and liabilities
that you and AusE1 Pty Ltd 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.
14. Indemnity
14. 1. You agree to indemnify AusE1 Pty Ltd, its affiliates, employees, agents,
contributors, third party content providers and licensee's 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 Your Content;
(b) any direct or indirect consequences of you accessing, using or transacting
on the Website (Marketplace) or attempts to do so; and/or
(c) any breach of the Terms
15. Dispute Resolution
15. 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 sought).
15.2. 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.
15.3. 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, 7 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 Managing Director of the
AusE1 Pty Ltd 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 At a place deemed appropriate by all parties or via Video Conference,
Australia.
15.4. 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.
15.5. Termination of Mediation:
If 14 days 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.
16. Venue and Jurisdiction
The Services offered by AusE1 Pty Ltd is intended to be viewed by residents of Australia.
In the event of any dispute arising out of or in relation to the Website (Marketplace), you
agree that the exclusive venue for resolving any dispute shall be in the courts of
Queensland, Australia.
17. Governing Law
The Terms are governed by the laws of Queensland, 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 Queensland, 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.
18. 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.
19. 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.

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