This following document sets forth the Sellers Terms and Conditions for:
Parenting Central Australia Pty Ltd ABN: 15 161 403 603
The Sellers Terms and Conditions are applicable to a Seller of Products using Parenting Central Australia Marketplace to sell products.
These Sellers Terms and Conditions are the contract between you and Parenting Central Australia. By visiting or using Our Website, you agree to be bound by these terms.
If you continue to use Our Website, you do so in accordance with these terms.
Our Website means any website of ours and includes all web pages controlled by us.
Content means the textual or visual content that is encountered as part of your experience on Our Website. It may include, text, images, sounds, videos and animations.
Product means any item offered for sale on Our Website.
Seller means a person or a business who offers a Product for sale on Our Website.
Service means any service we provide to you on ParentingCentral.com.au, either free or charged.
- Selling Procedure
- Delivery of Products to the Customer and Fees
- Products returned
- Product Listed on Our Website
- Your Product Warranties
- Our fees and payment to you
- Your Content
- Restrictions on how your Content is published to Our Website
- Additional Restrictions on how your Content is published to Our Website
- Security of Our Website
- Copyright and Intellectual Property Rights
- Warranty of Service
The contract between you and Parenting Central Australia:
- We provide you with a Marketplace as a contractor.
- We act as your agent by collecting money paid by your buyer.
- When you place a Product for sale on Our Website, you will be bound to provide all the information required by the Australian Competition and Consumer Act 2010.
- We may remove your Products from our website at our discretion.
- We may change this agreement in any way at any time.
- Subject to this agreement you may enter a Product for sale through Our Website.
2. Selling Procedure
- Parenting Central is not responsible for the fulfilment of your contract to sell a Product.
- You agree that a contract to sell a Product offered by you on our Marketplace is a binding contract as soon as customer’s payment has been accepted by our payment service provider.
- If applicable to the product, Products offered for sale on Our Website must include the Australian Goods and Service Tax (GST).
- The Products offered by you may be subject to a delivery charge, which will be shown to the customer at the checkout page.
- The delivery charge will be set by you for each item offered for sale and when you have sold a Product, the delivery charge offered by you at the time of purchase cannot be increased.
- Products will be offered for sale on Our Website are subject to the Buyers terms and conditions.
- We will send you an email at the time of each sale, providing information about that sale. Full information about the sale can be found in your Vendor Dashboard.
- You agree to provide adequate stock of any Product placed by you for sale through Our Website.
- You accept these terms and agree to comply with the obligations of a seller.
3. Delivery of Products to the Customer and Fees
- The seller determines shipping fees.
- The deliveries of physical Products will be made from your premises.
- The deliveries of physical products will be made by your couriers to the customer subject to an agreement between you and the customer.
- The shipping fee is paid by the buyer.
- The shipping fee will be distributed to the seller at the same time the funds are distributed.
- You will update the order in your Vendor dashboard that the product has been despatched and expected delivery date. This will notify us and the customer that the product has been despatched and the expected delivery date.
- You agree to despatch the Product within three (3) days of being notified by us, with a method that the buyer receives the product within seven (7) business days.
- If the customer notifies you of non-delivery within the time frame, you will investigate this and advise the customer why the product was not delivered and when they can expect delivery of the product.
4. Products to be returned
- To reply within 24 hours to any customer message or other correspondence;
- You will comply with the law relating to all aspects of the contract between you and your customer, and to your obligations to provide full information and accept cancellation and returns.
- You may offer a more favorable offer to your customers as per your own returns and refunds policy set out on your website or in your terms and conditions.
- If the Product ordered is not available, you will immediately tell your customer and refund any money paid;
- Provide information to us in respect of a claim for non-delivery and any dispute due to payment, which will enable us to identify the possibility of fraud.
5. Product Listed on Our Website
You agree that you will:
- Immediately remove from sale on Our Website any Product you are unable to supply.
- Not list a Product on our Website that is not of merchantable quality.
- Not re-list a Product we removed for sale from Our Website.
6. Your Product Warranties
The seller (you) will warrant the Product placed on Our Website for sale and the Products must:
- Comply to Australian Standards;
- Is not illegal, invasive of privacy, infringing of intellectual property rights, or injurious to any third party;
- Does not offend against the law of any country whose citizens might purchase it;
- You warrant that you own the copyright of any content you place on Our Website, or that you have the permission of the copyright owner.
7. Our fees and payment to you
- All sales on Our Website are subject to a commission.
- We sell your Product; at the price you list it for on Our Website.
- Our fees and commissions are payable when the customer has entered into a contract with you.
- You authorise us to deduct the sums paid to us by your buyer.
- Our commission of each sale receipt is as agreed by us in writing.
- We will email you an invoice for our fees.
- We will pay you within 10 business days of a confirmed dispatched order.
- If an action by a buyer results in a charge back to our account, you agree that we may deduct the sum charged back and with any fee paid to our service provider from any sum due to you, at or after the time.
- If you or we accept any cancellation and refund money to a customer, we are not obliged to repay commission to you.
- If at our discretion we believe that you as a seller has several charges back, buyer disputes or if you are in breach of this agreement, we will hold payments to you until the charge backs, disputes or breaches have been rectified.
8. Your Published Content
- If you publish Content to any public area of Our Website, we have no control over who sees it or what anyone does with it.
- You irrevocably authorise us to publish all feedback, comments and ratings about your Products, the service you provide and activity through Our Website.
- Publishing content on Our Website does not change your ownership of the copyright. We have no claim over the content, and we will not protect your rights for you.
- You are personally responsible for your breach of someone else’s intellectual property rights, defamation, or any law, which may occur as a result of any Content having been published by you.
- You accept all risk and responsibility for determining if any Content published in the public domain and not confidential.
- You must notify us immediately of any security breach or unauthorised use of your account.
9. Restrictions on how your Content is published to Our Website
- We allow you to publish Content to Our Website for marketing your products and or services.
- We will regulate your use of Our Website to protect our staff, business and to protect other users of Our Website.
- At all times we will comply with the law.
- We will not moderate or check any items published.
- You agree that you will not use or allow anyone else to use Our Website to publish Content or undertake any activity as such:
- be unlawful, obscene, offensive, violent, malicious or defamatory;
- be sexually explicit or pornographic;
- to incite another person to commit a crime;
- to deceive any person or be used to impersonate any person,
- to misrepresent your identity, age or affiliation with any person;
- to solicit responses unconnected with the purpose of Our Website or the terms proposed by this agreement.
10. Additional Restrictions on how your Content is published to Our Website
In addition to the restrictions set out above. We may refuse to publish, edit or remove a Content which does not comply with these terms, published Content must not contain:
- hyperlinks, other than those authorised by us in writing.
- Content irrelevant to the Post.
- Repeated words or keywords.
- inaccurate, false, or misleading information.
- the name, logo or trademark of any organisation other than yours.
11. Security of Our Website
If you violate Our Website, we shall take legal action against you.
You agree that you will not:
- modify, copy, or cause damage to any portion of Our Website, or any software used within it;
- link to Our Website in any way that would cause the appearance or presentation of Our Website to be different from what would be seen by a user who accessed Our Website by typing the URL into a browser;
- download any part of Our Website, without prior written consent;
- collect or use any product listings, descriptions, or prices;
- collect or use any information obtained from or about Our Website;
- aggregate, copy or duplicate in any manner any of the content or information available from Our Website;
- share with a third party any login credentials to Our Website.
12. Copyright and Intellectual Property Rights
- All Content on Our Website is the property of Parenting Central Australia, our suppliers or affiliates. This includes but not limited to all posts, page text, graphics, logos, images, audio clips, downloads, data, and software.
- All content on our Website is protected by international copyright laws.
- You may not copy in any way or exploit any of the content unless you have prior written consent from us.
13. Warranty of Service
- We give no warranty that the service will be satisfactory to you.
- We will do all we can to maintain access to Our Website, but it may be necessary for us to suspend all or part of the Service for repairs, maintenance or other reason. We may do so without telling you.
- You acknowledge that our Service may be interrupted for reasons outside of our control.
- You agree that we are not liable to you for any loss whether foreseeable or not, arising as a result of interruption to our Service.
You agree to indemnify us against any loss, damage or liability, suffered by us at any time and arising out of:
- any act, neglect or default of yours in connection with this agreement or your use of the Services;
- your breach of this agreement;
- your failure to comply with any law;
- a contractual claim arising from your use of the Services and purchase of a Product.
- We are not responsible for any business loss of profits, revenues, savings or any other indirect or consequential losses.
- We are not liable in any circumstances for any damages resulting from loss of use, loss of data or loss of revenues or profits, negligence or otherwise, arising out of or in connection with your use of Our Website.
- Our Website is provided as an “as is” service. We make no representation or warranty of any kind, express or implied, including, without limitation, any warranty that either of them will be fit for a purpose, of satisfactory quality, available or accessible, without interruption, or without error.
- The product you sell through Our Website, we are not liable for:
- any product or service complying with the requirement of any law or being available;
- the Seller performing his contract;
- you release us from any and all claims and liability known and unknown, arising in any way from a dispute between you and a buyer.
- Good and Services Tax (GST). Fees and commissions specified on Our Website are inclusive of GST.
- When your physical address, email address, web domain and telephone numbers change, you must advise us in writing within 5 business days.
- You must provide us with all information that we may require to enable us to fulfil our obligations under this contract.
- If any term or provision of this agreement is at any time held by any jurisdiction to be void, invalid or unenforceable, then it shall be treated as changed or reduced, only to the extent necessary to bring it within the laws of the jurisdiction and to prevent it from being void. It shall be binding in that changed or reduced format. Each provision of these terms shall be interpreted as severable and shall not in any way affect any other of these terms.
- If you breach any term of this agreement, we may:
- publish all text and content relating to the breach, including your name and email address and all correspondence between us and our advisers; and you now irrevocably give your consent to such publication.
- terminate your account and refuse access to Our Website;
- remove or edit content,
- cancel any order at our discretion.
- Any obligation to this agreement is intended to continue to have effect after termination.
- You agree that all our electronic communications satisfy any legal requirement.
- In the event of a dispute between you and us, we ask that you undertake to attempt to settle the dispute in good faith with us in a process of mediation before commencing arbitration or litigation.
- As the law permits this agreement does not give any right to any third party.
- We shall not be liable for any failure or delay in our performance of this agreement, which is caused by circumstances beyond our reasonable control.
- In the event of any conflict between any term of this agreement and the provisions of the constitution of a proprietary limited company or any comparable document intended to regulate any other corporate or collective body, then the terms of this agreement shall prevail.
- The validity, construction and performance of this agreement shall be governed by the laws of the State of Victoria and you agree that any dispute arising from it shall be litigated only in that State.