Vendor(Seller) E- Commerce Product & Merchant Agreement
The following terms (“Merchant Terms”) apply to your use of any commerce service (each, a “Merchant
Commerce Feature”) we make available for you to display, facilitate the sale, lease, or rental of, and/or
sell, lease, or rent goods or services to users (each, a “User”) AusE1 Pty Ltd and associated Vendor
Stores. By utilizing our services as a registered vender(seller) you agree to these terms.
Section 1-Merchant Commerce Features/Applications & Products
1. We may display product or service listings you create (“Product Listings”) on the AusE1 Pty Ltd
Marketplace & Mobile App. You acknowledge that these Merchant Terms apply in connection with the
Merchant Commerce Features, including for optimization on Merchant Commerce Features such as
AusE1.com.au Marketplace
2. Your Product Listings must comply with as per our Website (Marketplace) Terms & Conditions and
Seller Standards. Your use of the Merchant Commerce Features must comply with any applicable law.
3. You are solely responsible for the contents of your Product Listings (including description, price, fees,
tax that you calculate, any required legal disclosures, and any offers or promotional content).
4. You are responsible for displaying any sales, privacy, or other terms that you want to apply to your
interactions with Users. Any such terms do not bind us and must not conflict with these Merchant Terms
and our other applicable terms, standards and policies.
5. We may offer to fund promotions, discounts, and other incentives (“Funded Incentives”) directly to
Users to encourage engagement with Product Listings. You acknowledge that our use of Funded
Incentives does not alter your obligations under these Merchant Terms.
6. Any tools we provide in connection with Merchant Commerce Features, including tools to allow you to
view information about past transactions or to calculate default shipping rate, tax rate, or other data, are
provided as a convenience only and you use them at your sole discretion and risk.
The following terms also apply to any tool we provide that allows you to calculate tax rates (“Tax
Calculation Tool”):
a. We provide no representation, warranty, guarantee, or advice, and we disclaim any responsibility to
verify, the following: (a) the accuracy of the tax , tax rates of applicable taxes, including but not limited to
sales and use tax, goods and services tax (GST), You are responsible for reviewing and determining the
correct calculation settings, including your obligation to collect Applicable Taxes, product tax code
assignments, and all related information for your products. You have an obligation to calculate, collect and
remit any Applicable Taxes.
b. The Tax Calculation Tool in multi cart check out/admin etc is limited to the calculation of Applicable
Taxes and does not calculate or collect any product-based excise taxes or any fees or surcharges. The
Tax Calculation Tool calculates tax based on the entire amount of the transaction (including sale price,
shipping fees and any other charges subject to tax).
c. It is your own responsibility to maintain documentation of all relevant tax information, including records
of paying all taxes to the ATO. You represent that the tax registration number ABN/CAN and all other
information you provide to us are accurate and current, and you will immediately update any such
information in case of changes. We reserve the right to confirm the validity of your seller account
information (including your tax registration number) and request additional information from you or
government authorities as permitted by law. You agree to provide information to us upon request within 7
Days
d. Except as otherwise provided in these Merchant Terms, you agree that we are not obligated to
determine whether taxes apply, and we are not responsible to collect, report, or remit any taxes arising
from any transaction. If a taxing authority requires us to pay any of your taxes, you will promptly reimburse
us for the amounts paid on your behalf or resulting from your sales in the jurisdiction.
7. We are not responsible for managing, paying for, or fulfilling any sales in connection with your use of a
Merchant Commerce Feature.
8. You may only use Service Providers in connection with the Merchant Commerce Features if they act on
your behalf and are bound by an agreement to protect Transaction Data at least as much as is required
under these Merchant Terms. A breach of these Merchant Terms by any of your Service Providers will be
deemed a breach by you. “Service Providers” means anyone who directly or indirectly provides services to
you or to third parties on your behalf.
9. You may only use any User’s data, content, or other information you receive from AusE1 Pty Ltd in
connection with your use of the Merchant Commerce Features (“Transaction Data”) as follows: (a) in
accordance with our terms and conditions and (b) to support the transaction(s) arising from the User’s use
of the Merchant Commerce Features, and/or in accordance with any other consent you have received
from the User. If the consent you received from a User conflict with the Merchant Terms, then the
Merchant Terms will control. You may not sell or misuse Transaction Data subject to laws applicable, you
may not share Transaction Data with anyone except Service Providers, or as required to comply with
applicable law. Transaction Data includes data received through any Merchant Commerce Features that
we may in our discretion provide to facilitate your communication with Users (“Communication Tools”).
10. You must not use any of the data for marketing purposes unless either (a) the applicable User has
provided prior express consent using a feature that we may in our discretion make available for Users to
provide such consent, or (b) you have received the same data from the User independently of the
Merchant Commerce Features and obtained the User’s consent to use it for marketing purposes. You may
not in any circumstances use the Communication Tools for marketing purposes.
Section 2 - Payments
The following terms apply when using our services and when payments are transacted through our
payment gateway. Our payments are 7 days from completed transaction and upon your activation of the
dispatched product. All payments are less transactions stated below and if applicable any commissions
as agreed upon.
Market Place Standard Platform Fees.
Vendors must be an Australian Owned Business or Australian based independent seller/vendor
We may also extend your discounted promotion at our discretion.
- Free Platform for Only Aussie Sellers. No sale No fees
- The standard product selling fee is 8% (Unless otherwise pre-arranged due to promotion).
- Merchant Fee - standard pay pal fees 2.6% plus $0.30.
- Subscription Based Products & Services are on a case per case basis.
PLEASE NOTE : No extra charges/monies for added promotion unless upon mutual agreement on a per use basis
and in advance of that promotion only.
We do not charge additional hidden fees.
All payments are currently transacted through our Pay Pal facility only - (we use Pay Pal for security
purposes).
11. If your payments are be processed by a third-party payment processor with whom you have a direct
relationship, in accordance with their terms of service, and not by us. We reserve the right to add or
change payment processors from time to time. We will notify you of any new payment processors and
your continued use of the Merchant Commerce Features upon receipt of such notice constitutes
acceptance of such addition or change as well as your acceptance of their terms of service. You
acknowledge that we may share the information you provided when you signed up to our merchant
commerce platform with any payment processors we select, solely for the purpose of enabling them to
provide you with payment processing services to support the Merchant Commerce Features that you
use.
12. You are solely responsible for determining, collecting, withholding, reporting, and remitting
Applicable Taxes (GST etc), duties, fees, surcharges, and additional charges for sales that result from
your use of a Merchant Commerce Feature. You are also solely responsible for all Applicable Taxes on
any payments to you in connection with incentive programs offered by us.
13. You must comply with our technical documentation with respect to any Merchant Commerce
Feature.
14. We have no liability regarding the time it takes your bank to process any funds. Please make us
aware if time is beyond what is considered normal so we can check from our end.
Section 3 - Refunds
16. You are solely liable for any refunds issued on your behalf in connection with the Merchant
Commerce Features. You authorize us to access, use, and interact with your payment processor about
the Merchant Commerce Features on your behalf, including with respect to authorizations, captures,
refunds, cancellations, and the execution and monitoring of activity related to the Merchant Commerce
Features. AusE1 Pty Ltd and vendors will always liaise regarding refunds and be ultimately guided by
Australian consumer law and fair trading in the respective State or Territory.
17. Having a Registered Business or being a seller/vendor operating in Australia and on this platform,
you agree to act within the laws & regulation that both the government and financial merchants stipulate.
Which includes the Australian Consumer Laws.
18. You agree to the terms of service of the payment processors we have selected, which are currently
Braintree, Pay Pal, Visa, Mastercard, American Express. When you agree to these Merchant Terms, we
also accept your agreement to the terms of the payment processors on their behalf. We do not act as an
agent of the payment processors in any other way shape or form.