ZeddMarket.Com Customer Charter
If you do not accept these Terms, you are not permitted to use this Website. We may modify and update these Terms at any time, without notice. You need to ensure you review the Terms from time to time. In using the Website, you agree to be bound by these Terms.
The amended Terms will take effect from the next time you log into the Website or use the Website. If you do not agree with the amendments, then you must stop using the Website. Your continued use of the Website is subject to our current Terms as amended from time to time.
“Advertisement” means an advertisement that an Advertiser publishes on our Website.
“Advertiser” means an advertiser of products that has been accepted to participate in Advertising Services on the Website or for listing on the Website.
“Advertising Material” means any type of advertising material, including without limitation, text, layouts, artwork, graphics, scripts, presentations, drawings, documents, logos, designs, charts, images, photos, films, registered trade marks, unregistered trade marks and copyrights for any type of advertising material including, but not limited to banners, text ads, pop-ups and any other type of a promotional message for the purpose of publicising products or services, uploaded to the Website by the Advertiser or by any independent contractor, employee or agent.
“Content” means any and all information that an Advertiser or User submits or links to the Website.
“GST” means the goods and services tax as defined in the A New Tax System (Goods and Services Tax) Act 1999 (Cth).
“intellectual property rights” includes (a) legal rights in unregistered trade marks or registered trade marks; (b) rights recognised under the Designs Act 2003 (Cth) or any equivalent statute; (c) rights recognised under the Copyright Act 1968 (Cth) or any equivalent statute; or (d) legal rights recognised in the confidentiality of information.
“Payment” means any payment that a User makes to purchase goods or services via the Website.
“Price” means the sale price of the relevant good or service, as listed on the Website.
“registered trade mark” means any trade mark or service mark registered under the Trade Marks Act 1995 (Cth) or any equivalent statute.
“unregistered trade mark” means any product names, brand names, product get-up, logos, trade mark or service mark used to identify the source of goods or services, which are not registered under the Trade Marks Act 1995 (Cth) or any equivalent statute.
“User” or “Users” means any member of the public who accesses the Website.
“Website” means www.zeddmarket.com
“we”, “our” and “us” means Zeddmarket Pty Ltd (ACN 657 189 378).
“you” or “your” means the User accessing the Website.
“Z Online Trust” means the Trustee for Z Online Trust (ABN 54 979 064 640).
- ROLE OF WEBSITE
- Users acknowledge and agree that we sell some of our own products on the Website, and we also allow Advertisers to sell their goods or services on the Website.
- In the event that we allow Advertisers to sell products on the Website, we are acting as a neutral facilitator only by providing an information and classified service that brings together Advertisers and Users. We are not a party to any transaction or the supply of goods or services between any Advertisers and Users that may be initiated through any Content or Advertising Material published on the Website.
- Any transactions or dealings between an Advertiser and a User that may result from any Content, Advertising Material or other information available on the Website is a direct contractual relationship between the Advertiser and the User and any complaints, disputes, claims, demands or causes of action are to be dealt with directly between the Advertiser and the User and we are not to be involved as a party to the dispute.
- In the event of a claim by the User in relation to any Advertiser’s goods or services, it is the Advertiser’s responsibility to manage such claim in accordance with Australian law. The User agrees to pursue such claims against the relevant Advertiser and the User releases both us and Z Online Trust from any such claims.
- REGISTRATION BY USERS
- Users may register and set up an account for a more convenient experience on the Website. Alternatively, Users may choose not to register or set up an account and may buy goods or services on the Website as a guest.
- If you choose to register and set up an account, you must at all times keep your registration details accurate and up-to-date.
- If you choose to register and set up an account, you agree to maintain the confidentiality of your password or login details and are fully responsible for all liability and damages resulting from your failure to maintain that confidentiality and all activities that occur through the use of your password or login details.
- Users must notify us by e-mail at email@example.com as soon as they become aware of any confirmed or suspected unauthorised use of their account, or any confirmed or suspected loss or unauthorised disclosure of their password or login details.
- If you want to use the Website, you do not need to set up an account. You will need to provide reasonable contact details and an address for delivery to assist the Advertiser.
- We will only collect your personal information for the primary purpose of providing you with a better service. We will store the information on our database which is securely held on a server or onsite in a secure location. In particular, we will collect the following personal information:
- Your name, address, email address and phone number; and
- Any further personal information that you submit when making your purchase, or emails to us.
- Your information is not disclosed to third parties unless it is for the purpose of operation of our Website. By using our Website and making purchases, you acknowledge that your personal information may be disclosed to an Advertiser. We may also disclose information if it is required by a government department of by a court.
- The User acknowledges and agrees that any Payments made via the Website are payable to Z Online Trust, not to us. We authorise Z Online Trust to collect all Payments on our behalf.
- If the User is purchasing a good or service that is offered by an Advertiser (and not by us) then the User will be required to pay the Advertiser for the good or service. The Payment may be collected by Z Online Trust on behalf of the relevant Advertiser, and then released to the Advertiser.
- All Prices set out or referred to on the Website are exclusive of GST and other governmental charges.
- We do not process any payments on the Website or store credit card information on the Website, in the event payment transactions occur on our Website, credit card information goes directly to Z Online Trust, PayPal or Stripe (third-party payment processors) using secure payment technology and Z Online Trust, PayPal or Stripe processes the transaction and sends us the confirmation of payment: For further information about PayPal or Stripe please visit their Website.
- By providing your payment information to us, you authorise us to charge you the Price of your chosen goods or services, via that payment method.
- AGREEMENT FOR WEBSITE USE
- To be eligible to use the Website, you agree to the below terms.
- You warrant that:
- You are 18 years of age or older and able to form a legal binding contract;
- You will not use the Website for any illicit, unlawful, fraudulent, inappropriate, offensive or otherwise illegal activities; and
- You will manage and take over any claim by any Advertiser, supplier or third party that may arise as a direct or indirect result of your use of the Website.
- You acknowledge and agree:
- We are a facilitator only for the purposes of permitting Advertisers to advertise and list their goods and services, however we may at times supply our own goods and services, and on those occasions will be bound to you as the Advertiser under these Terms;
- We are in no way responsible for your choice of goods or service purchases. Any goods or services purchased are your contractual relationship with that individual Advertiser. Any disputes, issues, dealings and complaints are to be dealt directly with the Advertiser and we are not to be involved, unless we made the supply. You agree to indemnify us for any claim which may result directly or indirectly from your action or inaction; and
- The Website uses third party vendors and hosting partners to provide the necessary software, hardware, service and storage.
- We make no warranty that the Website will meet your requirements or be available on an uninterrupted, secure or error-free basis. We will use our best endeavors to ensure the Website is always available and virus free but from time-to-time, and in some instances, this may not be the case as it may be out of our immediate control.
- DELIVERY AND REFUNDS
- We are not responsible for, nor affiliated with any particular Advertiser or third party involved in the delivery or shipment of any goods or services, beyond allowing them to register on the Website as an Advertiser. The Advertisers will deliver the goods and services to you via their own chosen shipment method. We are not responsible for any goods that are lost or damaged in transit nor for any late deliveries.
- Refunds will only be made in exceptional circumstances and in the Advertiser’s sole discretion (unless otherwise required by law). Refunds will not be made for any change of mind.
- We will at all times abide by the Australian Consumer Law with respect to returns and refunds. If you have any issues with your order, please notify the Advertiser immediately upon receipt of your goods or services with a valid reason for your return.
- In the event that you are not satisfied with the response of the Advertiser, you may contact us.
- TERMINATION PROCEDURE: If you have registered an account on the Website, you may cancel your account by writing to us at firstname.lastname@example.org.
- WE MAY TERMINATE YOUR ACCOUNT AT ANY TIME: We have the right to terminate the account of any User for any reason, at any time. We may restrict the access of any User to the Website at any time. You agree that we may, in our sole discretion, terminate or suspend your access to the Website with or without notice and for any reason, including, without limitation, breach of these Terms. Any suspected fraudulent, abusive or illegal activity may be grounds for terminating your account and may be referred to the appropriate law enforcement authorities.
- Upon such termination, regardless of the reasons, the User’s right to use the Website immediately ceases and you agree we may immediately deactivate or delete your account and all related Content and other information and files. We may also bar you from any further access to our Website.
- On cancellation or termination of your subscription, all of your Content and other information and files will be deleted.
- We are not liable to the User or any third party for any claims or damages arising out of any termination or suspension or any other actions taken by us in connection with termination or suspension of your account including but not limited to any files, content or information that has been destroyed.
- MODIFICATION OF WEBSITE AND CONTENT
- We may, but are not obligated to, remove any Content that we determine in our sole discretion may be unlawful, offensive, defamatory, obscene, or otherwise objectionable or violates a third party’s intellectual property rights or these Terms.
- We reserve the right at any time and from time to time to remove, delete, alter or amend any Content or the Website. In particular, if we believe the Content to be inappropriate, potentially breaches any statutes or regulations, or we receive complaints from any person or for any other reason and in our reasonable discretion, we may remove or modify Content at any time without notice. We shall not be liable to you or any third party for any modification when it is required.
- DISCLAIMERS REGARDING THE OPERATION OF THE WEBSITE
- We make no warranty that the Website or the Services will meet the requirements of any User or be available on an uninterrupted, secure or error-free basis. We will use our best endeavors to ensure the Website is always available and virus free but from time-to-time, and in some instances, this may not be the case as it may be out of our immediate control. We will endeavor to notify you if the Website becomes unavailable for any lengthy or unusual time period.
- We make no warranty or guarantee of increase in any business, revenue, clients, traffic or otherwise as a result of your use of the Website.
- The Content and Advertising Material is for general information and educational purposes only. Nothing contained in the Content and Advertising Material is, or is intended to be, construed as advice to any User.
- We do not and cannot verify the information or opinions that Advertisers upload to the Website nor can we guarantee the goods or services they offer. We are not involved in, are not responsible for and we assume no liability in respect of any goods or services supplied to Users by any Advertisers. We urge Users to make their own enquiries and ensure they do their own due diligence to verify any information about Advertisers and any goods or services offered by Advertisers.
- LIMITS TO OUR LIABILITY
- Each User agrees and acknowledges that we are not liable for any direct, indirect, consequential or incidental loss or damage which may result from your use of the Website, including but not limited to:
- any delays in the production, delivery and/or non-delivery of any goods or services purchased on the Website, as the result of an act of God, action by any government entity, network difficulties, electronic malfunction or any condition or event beyond our control;
- errors or omissions in the Content or Advertising Material as it is published on the Website and communicated to the public; and
- any unavailability or inoperability of the Internet, technical malfunction, computer error, data corruption or loss of information.
- To the extent that we are able to limit the remedies available under the Australian Consumer Law (ACL), all conditions and warranties that may be implied by the ACL are expressly excluded. All other conditions, warranties or guarantees which may be implied by custom, or any statute other than the ACL, are expressly excluded by these Terms.
- We expressly limit our liability to Users for breach of a non-excludable statutory guarantee under the ACL to the following remedies:
- the supply of the goods or services again; or
- the payment of the cost of having the goods or services supplied again.
- In no event will our liability hereunder towards any User exceed the payments made by the User during the twelve (12) months preceding the date of the breach.
- Our failure to exercise or enforce any right or provision of these Terms shall not constitute a waiver of such right or provision.
- Each User agrees to indemnify, defend and hold us harmless, as well as Z Online Trust and any related body corporate and their respective directors, officers, employees, independent contractors, agents and sucessors, from and against any and all claims, demands, causes of action, costs, expenses and damages, judgement or liability, threatened or adjudicated, of any kind (including, without limitation, reasonable legal fees and expenses, settlement costs and disbursements) incurred by us, arising out of or in connection with:
- any breach or default by a User in the performance of any of their obligations set out in these Terms;
- any breach by a User of any representation, warranty, covenant or agreement set out in these Terms;
- any breach of any intellectual property rights or other legal rights of any person arising from our publication of any Content uploaded by you for publication on the Website; and
- any transaction or dealings between an Advertiser and a User, including without limitation, any purchases by a User of goods or the supply of services to a User by an Advertiser.
- The User’s indemnification obligations shall survive termination or expiration of the agreement set out in these Terms.
- INTELLECTUAL PROPERTY
- All custom graphics, icons, logos, brand names and service names used to brand the Website are our registered or unregistered trade marks, service marks or copyright.
- All other trademarks or service marks within this Website are the property of their respective owners.
- Each User is solely responsible for obtaining written permission before reusing any copyrighted material that is available on this Website. Any unauthorised use of the materials appearing on this Website may violate copyright, trademark and other applicable laws and could result in criminal or civil penalties.
- We are committed to protecting the privacy of Users. We at all times, respect the privacy and confidentiality of personal information provided to us and we will comply with the Privacy Act 1988 (Cth) and the Australian Privacy Principles in relation to our collection, use and disclosure of personal information.
- We may be required, in certain circumstances, to disclose personal information in good faith and where we are required to do so in the following circumstances: by law or by any court; to enforce the terms of any of our agreements with Advertisers and other Users of the Website; or to protect the rights, property or safety of other Users or third parties.
- We reserve the right to disclose the name and any other personal information of any User to any law enforcement authority or other competent authority or to any person for the purpose of legal proceedings, prosecution, and investigation of any breach, alleged breach of the law or these Terms.
- No agency, partnership, joint venture, or employment is created as a result of these Terms.
- All notices and approvals desired or required to be given to either party hereunder will be in writing and shall be deemed given when delivered via (i) certified mail, return receipt requested, all charges prepaid; (ii) any courier service, with proof of delivery; (iii) hand delivery, with proof of delivery (iv) email, to the email address of the User set out in their account or to our email account published on the Website, with acknowledgement of receipt, or proof of transmission, in each case to the other party’s email address.
- EXCLUSION OF UNENFORCEABLE TERMS
- Where any provision of these Terms would, by any applicable statute be illegal, void, or unenforceable in any State or Territory then such a clause shall not apply in that State or Territory and shall be deemed never to have been included in these terms and conditions in that State or Territory. Such a clause if legal and enforceable in any other State or Territory, shall continue to be fully enforceable and part of this agreement in those other States and Territories. The deemed exclusion of any term pursuant to this paragraph shall not affect or modify the full enforceability and construction of the other clauses of these terms and conditions.
- GOVERNING LAW
- These Terms are governed by the laws of Victoria which are in force from time to time and both you and we agree to submit to the exclusive jurisdiction of the Courts of Victoria for determining any dispute concerning these Terms.
These Terms were last modified on 3 March 2022 and are effective from that date.