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.
Notification of the amended terms may also be sent to registered users by email or as a general notice posted to each registered user’s account.
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 your account and 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 the 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 Fees” means the fees paid by Advertisers for the Advertising Services.
“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 classified listings, service descriptions, biographical information, testimonials and information that the Advertiser submits or links to the Website, or the Advertising Services (or both).
“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.
“Services” means the advertising and promotional services for any Advertiser we provide 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.
“Subscription Term” means the period of time during which the Advertiser has an active Advertisement on the Website, including any renewal of the subscription.
“testimonial(s)” means any statement or recommendation testifying to the conduct, character, skills, expertise or qualifications of an Advertiser or any partner, associate, consultant, employee or independent contractor of an Advertiser.
“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 Advertiser using the Services.
“Z Online Trust” means the Trustee for Z Online Trust (ABN 54 979 064 640).
- ROLE OF WEBSITE
- Advertisers acknowledge and agree that we sell some of our own products on the Website, and we also allow Advertisers to sell their products 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 any User in relation to the Advertiser’s goods or services, it is the Advertiser’s responsibility to manage such claim in accordance with Australian law. The Advertiser fully indemnifies, and keeps indemnified, both us and Z Online Trust for any such claims by any Users.
- REGISTRATION BY ADVERTISERS
- In order to use our Services, Advertisers need to register and set up an account. You must at all times during the Subscription Term, keep your registration details accurate and up-to-date.
- In order to use our Services, Advertisers must have an Australian Business Number.
- 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.
- Advertisers must notify us by e-mail at firstname.lastname@example.org 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.
- PLACING AN ADVERTISEMENT
- Once registered, Advertisers may place their own Advertisements on the Website.
- Advertisers may list their Advertisements for 30, 60, 90 or 120 days. If the Advertisement expires, the Advertiser may renew the Advertisement and it will become active again.
- All Advertisements must comply with these Terms.
- We reserve the right to remove, modify or edit any Advertisement at any time in our sole discretion.
- ADVERTISING FEES
- Advertisers must pay the Advertising Fees to be able to use the Services provided on or through the Website.
- The Advertising Fees are set at 10% of the gross sale price of each product sold by the Advertiser via the Website.
- The Advertiser acknowledges and agrees that the Advertising Fees are payable to Z Online Trust, not to us. We authorise Z Online Trust to collect all Advertising Fees on our behalf.
- Your Advertising Fees must be paid on time in accordance with our invoice terms. Any late payment or failure to pay may result in your Advertising Material removed without notice.
- All Advertising Fees set out or referred to in the invoices or 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 the 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.
- ADVERTISING MATERIAL AND CONTENT
- The Advertiser warrants that they have the full legal authority to use and to authorise others to publish the Content or Advertising Material (or both) submitted to us for insertion on the Website, including without limitation:
- the names, likenesses, biographical information and/or any other identifying attributes of any product or individual who is identifiable in the Content or Advertising Material (or both);
- all elements of the Content or Advertising Material (or both) that are subject to protection under any and all intellectual property rights law of any jurisdiction in which the Content or Advertising Material (or both) may be published; and
- all testimonials, endorsements and sponsorships (or any of these) contained in the Content or Advertising Material (or both).
- The Content or Advertising Material (or both) must not mislead or deceive any person about the quality, price, availability or any other attribute of your goods or services and the Content must not contain any material misrepresentations, including by falsely representing that any goods or services are of a particular standard, quality, value, grade, composition, style or model or have performance characteristics, accessories, uses or benefits that the goods or services do not have.
- By submitting or posting any Content or Advertising Material (or both) to the Website, the Advertiser warrants that:
- the Content or Advertising Material (or both) does not infringe any third party rights, including, but not limited to, the publication of any registered trade marks or unregistered trade marks included in the Content or Advertising Material (or both) does not infringe the rights of any owner or registered user of such marks; and
- the Advertiser is not breaching any laws, regulations, rules, standards, codes or guidelines by publishing the Content or Advertising Material (or both) on the Website.
- Each Advertiser authorises us to use, reuse and to grant others the right to publish and re-publish their Content or Advertising Material (or both) and any reproduction or communication to the public of the Advertiser’s Content or Advertising Material (or both) in any form of media or technology for any purpose related to the Website.
- When Advertisers supply Content and other information for listing on the Website, the Advertisers are responsible for the accuracy of the Content and other information including updating the Content and other information from time to time during the Subscription Term.
- AGREEMENT FOR ADVERTISING SERVICES
- We reserve the right, without any liability whatsoever, to reject, omit or exclude any Advertising Material for any reason at any time, with or without notice to the Advertiser, and whether or not such Advertising Material was previously accepted or published.
- We do not guarantee any given level of circulation, distribution, reach or readership for any Advertising Material.
- You warrant that:
- The information you post or otherwise provide to us to post on the Website is genuine, true and accurate;
- Any Content you provide to post will not breach any third party rights;
- You will keep your information updated and any Content you include on your Advertisement, links or website complies with applicable laws, codes and regulations;
- All material and Content you link to from the Website is accurate, reliable, up-to-date, lawful, and not misleading;
- You will at all times abide by the Australian Consumer Law (ACL) requirements including but not limited to the re-supply or refund of any goods or services you supply or provide which do not meet ACL requirements;
- You also agree to ensure you adhere to good practice service standards for the supply of goods and services to customers in a timely and responsive manner; and
- By Advertising any goods or services on the Website, you represent that you have the ownership rights and title to any Content that you submit with the Advertisement, as well as the right to advertise and sell the relevant goods or services. You also represent that you are not breaching any regulations, restrictions or third party rights.
- You acknowledge and agree:
- We are a facilitator only for the purposes of permitting businesses and individuals to post their Advertisement on the Website but do not guarantee any bookings, sales, business, increase in traffic or otherwise;
- Any products or services you provide through your business is done directly and is your contractual relationship with the User that may find you by visiting the Website. Any disputes, issues, dealings, complaints are to be dealt with directly with the User and you agree to indemnify us for any User claim which results directly or indirectly from your action or inaction;
- You will manage all User disputes in good faith and in accordance with all Australian Consumer and other law requirements. We are not to be involved at any time and are not responsible directly or indirectly for any dispute with any User in relation to your goods or services; and
- We make no warranty that the Website or Services will meet your requirements or be available on an uninterrupted, secure or error-free basis. We will make our best endeavours 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 notify you if the Website becomes unavailable for any lengthy and unusual time period.
- By using the Website, you authorise us to use, reuse and to grant others the right to use and re-use your Content and any reproduction or similar in any form of media or technology for any purpose related to the Website.
- You agree and acknowledge that the Website uses third party vendors and hosting partners to provide the necessary software, hardware, service and storage.
- You agree you will not transmit any viruses, malware, worms, etc. of any kind and that you will not upload, post, host or transmit unsolicited material or messages to the Website.
- CANCELLATION OF ADVERTISING SERVICES AND REFUND OF ADVERTISING FEES
- Advertisers may cancel any order for Services at any time. There are no refunds for unused portions of the Subscription Term.
- We offer a refund money back guarantee within 14 days if you are not satisfied with our Services. We ask that you send us an email at email@example.com with a reason for your requested refund and we will provide a full refund in the manner in which you have provided payment. We will then delete your account and information from our database.
- TERMINATION PROCEDURE: Advertisers are solely responsible for cancelling their account to use the Services provided on Website. You must cancel in writing by notifying us at firstname.lastname@example.org There is no prorated or any refund for unused portions of the Subscription Term.
- WE MAY TERMINATE YOUR ACCOUNT AT ANY TIME: We have the right to terminate the account of any Advertiser for any reason, 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 Advertiser’s right to use the Website immediately ceases and you agree we may immediately deactivate or delete your account and all related Advertising Material, Content and other information and files. We may also bar you from any further access to the Website.
- On cancellation or termination of your subscription, all of your Advertising Material, Content, and other information and files will be deleted.
- We are not liable to the Advertiser 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.
- We are not required to provide any refund or part thereof to you for such termination or suspension of any Subscription Fees.
- 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 Advertiser or 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 Advertisers’ business, revenue, clients, traffic to their website or otherwise as a result of the Services.
- LIMITS TO OUR LIABILITY
- Each Advertiser 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 Content or Advertising Material 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 Advertisers 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 Advertiser exceed the payments made by the Advertiser 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 Advertiser 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 an Advertiser in the performance of any of its obligations set out in these Terms;
- any breach by an Advertiser 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 or Advertising Material 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 Advertisers’ 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 Advertiser 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 Advertisers or 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.
- If we disclose a User’s information to you, you must only use it for the purpose it is provided to you (for example, to fulfil the User’s order). You must not disclose, sell, rent or distribute the User’s information to a third party for marketing purposes.
- 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 our customers or third parties.
- We reserve the right to disclose the name and any other personal information of any Advertiser or 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 Advertiser 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 4 March 2022 and are effective from that date.