User Agreement
This document describes the terms on which Online Supamarket offers you store management and advertising services.
Welcome to Online Supamarket’s User Agreement. This Agreement describes the terms and conditions that govern your use of our services at the http://www.supamarket.com.au site, all related sites. If you have any questions, please contact us at www.supamarket.com.au/contact.php
You must read, agree with and accept all of the terms and conditions contained in this User Agreement and our Privacy Policy, which include those terms and conditions expressly set out below and those incorporated by reference, before you may become a client of Online Supamarket. We strongly recommend that, as you read this User Agreement, access and read the information contained in the other pages and websites referred to in this document, as they may contain further terms and conditions, which apply to you as a Online Supamarket client. Please note: underlined words and phrases are click-through links to these pages and websites.
By accepting this user agreement, you also agree to be bound by the user agreements and posted terms and conditions on other Online Supamarket websites and application and document providers to the extent that you use those websites and applications and documents.
We may amend this agreement at any time in our discretion by posting the amended terms on our Site. The fact that amendments have been made to the user agreement will also be notified on our Notifications Site located at www.supamarket.com.au/notifications.htm.
Except as stated below, all amended terms shall automatically be effective 14 days after they are initially posted on our Site. If you do not agree with such changes, you must terminate your account with Online Supamarket. This agreement may not be otherwise amended except in writing signed by you and Online Supamarket administration. This agreement is effective on the 01 June 2007 for all registering users.
1. Account Eligibility.
Our services are available only to, and may only be used by, Australian businesses who can form legally binding contracts under applicable law. Your business must hold a current Australian Business Number (ABN), and must be willing to allow Online Supamarket to publish it's business phone contact details and street address on our website. Without limiting the foregoing, our services are not available to persons under 18 years of age or to temporarily or indefinitely suspended Online Supamarket customers and suppliers. If you do not qualify, please do not use our services. Your Online Supamarket account (including feedback) and User ID may not be transferred or sold to another party.
2. Fees and Services.
Our Fees and Credits Policy is available www.OnlineSupamarket.com.au and is incorporated into this User Agreement by reference. We may change our Fees and Credits Policy and the fees for our services from time to time. Our changes to the policy are effective after we provide you with at least fourteen (14) days' notice of the changes by posting the changes on the Notification site. However, we may choose to temporarily change our Fees and Credits Policy and the fees for our services for promotional events and such changes are effective when we post the temporary promotional event on the Notification site. We may in our sole discretion change some or all of our services at any time. In the event we introduce a new service, the fees for that service are effective at the launch of the service. Unless otherwise stated, all fees are quoted in Australian Dollars. You are responsible for paying all fees associated with using our service and our Site and all applicable taxes as indicated on your invoices. You may wish to consider Online Supamarket’s fees when determining the minimum or fixed price of your products.
3. Online Supamarket is an independent agent to its Customers and suppliers.
3.A Release. Because we are not involved in the actual transaction between buyers and sellers, in the event that you have a dispute with one or more customs, you release Online Supamarket (and our officers, directors, agents, affiliates, parents, subsidiaries and employees) from claims, demands and damages (actual, special, direct, indirect and consequential) of every kind and nature, known and unknown, suspected and unsuspected, disclosed and undisclosed, arising out of or in any way connected with such disputes. Your store is recognized and registered with the Australian Government as an independent business.
3.B Information Control. We may send you communications and notices regarding your transactions and your account on our Site. Our communications do not represent any endorsement, guarantee or legitimisation of your transactions. You are responsible for completing all transactions you participate in (including monitoring the status and complying with all relevant legal obligations). We do not control, endorse or approve the products, information or content provided by store holders which is made available through our system. You may find other store holders information to be offensive, harmful, inaccurate, or deceptive. Please use caution, common sense, and practice safe trading when using our Site. Please note that there are also risks of dealing with underage persons or people acting under false pretence. Additionally, there may also be risks with international trading and dealing with foreign nationals.
4. Listing Products for Sale.
4.1 Listing Description. You must be legally able to sell the products you list for sale on our Site. You must supply a description of your products and all terms of sale on the listing page of our Site. Your listings may only include text descriptions, graphics, pictures and other content relevant to the sale of that item alone with the price including postage and handling costs.
4.2 Fraud. Without limiting any other remedies available to Online Supamarket at law, in equity or under this Agreement, Online Supamarket may, in its sole discretion, suspend or terminate your account if we suspect that you (by conviction, settlement, insurance or escrow investigation, or otherwise in our sole discretion) have engaged in fraudulent activity in connection with our Site, any other business or web service.
5. Your Information.
5.A Definition. "Your Information" is defined as any information you provide to us or other users in the registration or listing process, in any public message or through any email feature. Your Information includes the descriptions of products you list for sale or display on our Site as well as any content you post on other web pages within our Site. You are solely responsible for Your Information, and we act as a passive conduit for your online distribution and publication of Your Information.
5.B Restrictions. Your Information (including but not limited to any products listed) must not:
a. be false, inaccurate or misleading;
b. be fraudulent or involve the sale of counterfeit or stolen products;
c. infringe any third party's copyright, patent, trademark, trade secret or other proprietary rights or rights of publicity or privacy;
d. violate any applicable law, statute, ordinance or regulation (including, but not limited to, those governing export control, consumer protection, unfair competition, criminal law, antidiscrimination or trade practices/fair trading laws);
e. be defamatory, trade libelous, unlawfully threatening or unlawfully harassing;
f. be obscene or contain child pornography or, if otherwise adult in nature or harmful to persons under the age of 18 years, shall be distributed only to people legally permitted to receive such content. Your site must not contain any content that may be considered to be prohibited or potentially prohibited content for the purposes of the Broadcasting Services Amendment Act 1999 (Cth).
h. contain any computer born information, programs, applications or devices such as viruses, Trojan horses, worms that may damage, modify, delete, detrimentally interfere with, intercept, access without authority or expropriate any system, data or personal information;
i. create liability for Online Supamarket or cause us to lose (in whole or in part) the services of our ISPs or other suppliers; and
j. link directly or indirectly to or include descriptions of goods or services that
k. are prohibited under this Agreement;
l. you do not have a right to link to or include any website or part of a website or email to or from Online Supamarket.
Furthermore, you may not list any item on our Site (or complete any transaction that was initiated using our service) that, by paying to us our fees, could cause us to violate any applicable law, statute, ordinance or regulation, determined by the Australian Government.
6.C License. Solely to enable Online Supamarket to use the information you supply us with, so that we are not violating any rights you might have in that information, you agree to grant us a non-exclusive, worldwide, perpetual, irrevocable, royalty-free, sub-licensable (through multiple tiers) right to exercise the copyright, publicity, and database rights (but no other rights) you have in your information, in any media now known or not currently known, with respect to your information. Online Supamarket will only use your information in accordance with our Privacy Policy.
7. Access and Interference.
. You agree that you will not use any device, software or routine to interfere or attempt to interfere with the proper working of our Site or any transaction being conducted through our Site. You agree that you will not take any action that imposes an unreasonable or disproportionately large load on our infrastructure. Much of the information on our Site is updated on a real time basis and is proprietary or is licensed to Online Supamarket by our users or third parties. You agree that you will not copy, reproduce, alter, modify, create derivative works, or publicly display any content (except for Your Information) from our Site without the prior express written permission of Online Supamarket or the appropriate third party authorised to grant such permission.
8. Breach.
Without limiting other remedies available to Online Supamarket at law, in equity or under this Agreement, we may, in our sole discretion, immediately issue a warning, temporarily suspend, indefinitely suspend or terminate your account and refuse to provide our services to you if:
a. you breach this Agreement, the Privacy Policy or the terms and policies those documents incorporate by reference;
b. we are unable to verify or authenticate any information you provide to us; or
c. we believe that your actions may cause legal liability for you, our customers and suppliers, or us.
9.Privacy.
Online Supamarket has a Privacy Policy, which applies to all members and is incorporated into this User Agreement by reference. You must read and accept our Privacy Policy upon registration in order to use our Site, and you will continue to be bound by its provisions (and any amendments we make to the Privacy Policy) while you are a customer or supplier of Online Supamarket.
10. No Warranty Applies.
10.1 Online Supamarket and our suppliers provide our website, infrastructure and services on an as is basis without any warranty or condition, express or implied or statutory to the extent permitted by law. We and our suppliers specifically disclaim any implied warranties of title, merchantability, fitness for a particular purpose and non-infringement
Furthermore we do not guarantee continuous, uninterrupted or secure access to our services, and operation of our Site may be interfered with by numerous factors outside our control.
10.2 To the extent that Online Supamarket and all affiliates and related entities of Online Supamarket are able to limit the remedies available under this Agreement, Online Supamarket and all affiliates and related entities of Online Supamarket expressly limit their liability for breach of a non-excludable condition or warranty implied by virtue of any legislation to the following remedies (the choice of which is to be at Online Supamarkets sole discretion):
a. in the case of goods, any one or more of the following:
i. the replacement of the goods or the supply of equivalent goods;
ii. the repair of the goods;
iii. the payment of the cost of replacing the goods or of acquiring equivalent goods; or
iv. the payment of the cost of having the goods repaired; and
b. in the case of services:
i. the supply of the services again; or
ii. the payment of the cost of having the services supplied again.
11.3 If you are a New Zealand resident and the New Zealand Consumer Guarantees Act 1993 applies to you, you agree that the provisions of the Consumer Guarantees Act 1993 will not apply to the supply of the Online Supamarket services or these terms.
11. Liability Limit.
11.1 In no event shall Online Supamarket or any entity related to that business including suppliers be liable for lost profits or any special incedental or consequential damages arising out of or in connection with our site, our services or this agreement. (however arising, including negligence). You agree to accept sole responsibility for the legality of your actions under the laws which apply to you. You agree that Online Supamarket and all related and affiliated entities have no responsibility for the legality of our customers or suppliers actions. To the extent permitted by law, our liability and the liability or our suppliers to you and any third parties in any circumstances is limited to the greater of A: The amount of fees you pay to us in the 12 months prior to the action giving rise to liability and B: AUD $50.
12.Notwithstanding the above provisions, nothing in this Agreement is intended to limit or exclude any liability on the part of Online Supamarket and its affiliates and related entities where and to the extent that applicable law prohibits such exclusion or limitation.
13. Indemnity.
You agree to indemnify and hold us and (as applicable) our subsidiaries, affiliates, officers, directors, agents, and employees, harmless from and against any claims, demands, proceedings, losses and damages (actual, special and consequential) of every kind and nature, known and unknown, including reasonable solicitors' fees, made by any third party due to or arising out of your breach of this Agreement or the terms and policies it incorporates by reference, or your violation of any law or the rights of a third party.
14. Legal Compliance.
You shall comply with all applicable domestic (including common law) and international laws, statutes, ordinances and regulations regarding your use of our service and your purchase and sale of products. Specifically, you must ensure that your activities, products you list, and Your Information you post on our Site do not violate the Broadcasting Services Act 1992 (Cth), the Trade Practices Act 1974 (Cth) and other relevant state-based fair trading legislation. For more information about this legislation and other legislation which may apply to you, please refer to http://www.austlii.edu.au
Notwithstanding the successful conclusion of a transaction on our Site, you must ensure strict compliance with any particular formalities, which, if not complied with, will either render a transaction void or unlawful (eg. the sale of interests in real property ordinarily requires a written document to be created). You alone and not Online Supamarket are responsible for confirming that your activities are lawful. You must ensure that you comply with all applicable laws. You must also ensure that you com0ply with all clauses of this user agreement and the Privacy Policy and all other terms and policies incorporated by reference in these documents.
15. No Agency.
You and Online Supamarket are independent contractors, and no agency, partnership, joint venture, employee-employer or franchiser-franchisee relationship is intended or created by this Agreement.
16. Notices.
Except as explicitly stated otherwise, any notices shall be given by registered ordinary post (or if posted to or from a place outside Australia, by registered airmail) or by facsimile transmission to James Gray, at 18 Railway Parade, Kurri Kurri, NSW Australia 2327 or to the email address you provide to Online Supamarket during the registration process (in your case). Alternatively, we may give you notice by certified airmail, postage prepaid and return receipt requested, to the address provided to Online Supamarket during the registration process, or as updated by you as relevant. Any notice shall be deemed given (a) if sent by email, 24 hours after email is sent, unless the sending party is notified that the email address is invalid, (b) if sent by pre-paid post, three Business Days after the date of posting, and on the seventh Business Day if sent to or posted from outside Australia, and (c) if sent by facsimile transmission, on the Business Day the transmission is sent (as long as the sender has a confirmation report specifying the facsimile number listed above, the number of pages sent and the date of the transmission). For purposes of this section, "Business Day" means a day on which banks are open for general business in Sydney, New South Wales, other than a Saturday, Sunday or public holiday.
17. Arbitration.
Any controversy or claim arising out of or in connection with this Agreement may at our discretion be settled by binding arbitration by reference to a commercial disputes centre. You agree to be bound by the ruling arbitrator. The costs of the dispute are borne by the originator.
18. Additional Terms.
The following documents are incorporated into this User Agreement by reference, and you agree to be bound by the terms and policies outlined in these documents. Any changes to the policies set out below will be notified on our Notification site located at http://www.Online Supamarket.com.au/notification.htm
18.1 Our Privacy Policy is available at
http://www.supamarket.com.au/privacy_policy.htm We may change our Privacy Policy from time to time and our changes are effective after we provide you with at least thirty (30) days' notice of the changes by posting the changes on the Notification site and sending email to users who select such notification.
19. General.
This Agreement shall be governed in all respects by the laws of the State of New South Wales, Australia. All members of this Site irrevocably submit to the non-exclusive jurisdiction of the courts of New South Wales, Australia. The provisions of this Agreement are severable, and if any provision of this Agreement is held to be invalid or unenforceable, such provision may be removed and the remaining provisions shall be enforced. You agree that this Agreement and all incorporated agreements may be automatically assigned by Online Supamarket, in our sole discretion, to a third party in the event of a merger or acquisition. Headings are for reference purposes only and in no way define, limit, construe or describe the scope or extent of such section. Our failure to act with respect to a breach by you or others does not waive our right to act with respect to subsequent or similar breaches. You agree that this Agreement may not be construed adversely against us solely because we prepared it. This Agreement and the terms and conditions incorporated herein set forth the entire understanding and agreement between us with respect to the subject matter hereof. Sections 2 (Fees and Services) with respect to fees owed for our services, 3.A (Release), 6.C (License), 7 (Access and Interference), 11 (Liability Limit), 13 (Indemnity) and 17 (Arbitration) shall survive any termination or expiration of this Agreement.
20. Disclosures The services hereunder are offered by James Gray, 18 Railway Parade Kurri Kurri NSW Australia 2327. Fees for our services are described at
http://www.Online Supamarket.com.au/feesandcredit.htm
Commercially available parental control protections (such as computer hardware, software, or filtering services) are commercially available that may assist you in limiting access to material that is harmful to persons under the age of 18 years. If you are interested in learning more about these protections, information is available at http://www.worldvillage.com/wv/school/html/control.htm or other analogous sites providing information on such protections. The preceding link is provided for information purposes only, and is not intended as an endorsement of WorldVillage.com's Internet site, services, or policies. Online Supamarket is not affiliated with WorldVillage.com. Disputes between you and Online Supamarket regarding our services may be reported directly from our Contacts page at http://www.Online Supamarket.com.au/contact.htm . We encourage you to try and resolve disputes with other customers and suppliers or customers directly and to use a certified mediation or arbitration entity or report disputes to your local police or law enforcement agency as appropriate.