1.1. Welcome to www.allsales.biz(the 'Website').
The Websitefacilitates interactions between:
(a) users and business ownerslooking for independent service providers (the 'Receiver'); and
(b) independent service providers and sellers of goods (the 'Provider'),
making it easier for the receiver and the Provider to locate, communicate, arrange payment and deliver the services in a fast and secure manner (the 'Services').
1.2. The Website is operated by Allsales.(ABN 56 630 339 150). Access to and use of the Website, or any of its associated products or Services, is provided by Allsales. Please read theseterms and conditions (the 'Terms')carefully. By using, browsing and/or reading the Website, this signifies thatyou have read, understood and agree to be bound by the Terms. If you do notagree with the Terms, you must cease usage of the Website, or any of itsproducts or Services, immediately.
1.3. Allsales reserves the right toreview and changes any of the Terms by updating this page at its solediscretion. When Allsales updates the Terms, it will use reasonable endeavoursto provide you with notice of updates of the Terms. Any changes to the Termstake immediate effect from the date of their publication. Before you continue, we recommend you keep a copy of the Terms for your records.
You accept the Terms byregistering for the Services and/or making any payment as required under theTerms for use of the Services. You may also accept the Terms by clicking toaccept or agree to the Terms where and if this option is made available to youby Allsales in the user interface.
3.1. In order to access theServices, both the Receiver and the Provider are required to register for anaccount through the Website (the 'Account').
3.2. As part of the registrationprocess, or as part of your continued use of the Services, you may be requiredto provide personal information about yourself (such as identification orcontact details), including:
(a) Email address
(b) Preferred username
(c) Telephone number
3.3. You warrant that anyinformation you give to Allsales in the course of completing the registrationprocess will always be accurate, correct and up to date.
3.4. Once you have completed the registration process, you will be a registered member of the Website ('Member') and agree to be bound by the terms.
3.5. You may not use the Servicesand may not accept the Terms if:
(a) you are not of legal age to form a binding contract with Allsales, or
(b) you are a person barred from receiving the Services under the laws of Australia or other countries including the country in which you are resident or from which you use the Services.
4.1. As a Member, you agree tocomply with the following:
(a) you will not share your profilewith any other person;
(b) you will use the Services onlyfor purposes that are permitted by:
i. the Terms; and
ii. any applicable law, regulationor generally accepted practices or guidelines in the relevant jurisdictions;
(c) you have sole responsibilityfor protecting the confidentiality of your password and/or email address. Useof your password by any other person may result in the immediate cancellationof the Services;
(d) any use of your registrationinformation by any other person, or third parties, is strictly prohibited. Youagree to immediately notify Allsales of any unauthorised use of your passwordor email address or any breach of security of which you have become aware;
(e) you must not expressly orimpliedly impersonate another Member or use the profile or password of anotherMember at any time;
(f) any content that you broadcast, publish, upload, transmit, post or distribute on the Website ('Your Content') will always be accurate, correct and up to date and you will maintain reasonable records of your content.
(g) you agree not to harass, impersonate, stalk, threaten another Member of the Website (where interaction with otherMembers is made available to you);
(h) access and use of the Websiteis limited, non-transferable and allows for the sole use of the Website by youfor the purposes of providing the Services;
(i) you will not use the Services or the Website in connection with any commercial endeavours except that that are specifically endorsed or approved by the management of Allsales;
(j) you will not use the Servicesor Website for any illegal and/or unauthorised use which includes collectingemail addresses of Members by electronic or other means for the purpose ofsending unsolicited email or unauthorised framing of or linking to the Website;
(k) you agree that commercialadvertisements, affiliate links and other forms of solicitation may be removedfrom Member profiles without notice and may result in termination of theServices. Appropriate legal action will be taken by Allsales for any illegal orunauthorised use of the Website; and
(l) you acknowledge and agree thatany automated use of the Website or its Services is prohibited.
5.1. Users are able to search forservice and product suppliers via our local, national and international searchfunction.
6.1. The service and or productprovider is required to login, post their services or products, keep their pageupdates, respond to requests on the same day and maintain quality services orproducts to ensure the users of this site provide positive feedback and thesite brand is not tarnished in any way.
7.1. By Allsales offering theServices to you, you agree that:
(a) a user the site may upgrade their listing
7.2. All payments made in the courseof your use of the Services are made using Stripe. In using the Website, theServices or when making any payment in relation to your use of the Services,you warrant that you have read, understood and agree to be bound by the Stripeterms and conditions which are available on their website.
8.1. Since Allsales is only a facilitator in introducing the Receiver to the Provider and providing a system to make a safe payment, Allsales does not hold any liability to the Receiver directly and will not personally refund them any payments made in the use of services.
8.2. Notwithstanding the above clause, if a Receiver is unsatisfied with the services provided by the Provider or believes that they may be entitled to a refund, then Allsales requires the Receiver to:
(a) contact the Provider directlyto request a refund; and
(b) if contacting the Provider isnot successful after fourteen (14) days, contact Allsales through the 'ContactUs' section of the Website outlining why you believe you are entitled to arefund so we are able to determine if the Provider should be removed from theServices.
8.3. If contacted by a Receiver whois requesting a refund pursuant to the above clause, the Provider agrees thatit will immediately:
(a) complete the Allsales refund request form (the 'Request Form') provided on the Website, and
(b) provide both the Request Form and with the email from the Receiver requesting the refund to Allsales.
8.4. If the Provider agrees to arefund it is acknowledged that the Provider will instruct Allsales to refundall or part of the payments made to the Receiver directly, less any fees andcharges incurred by Allsales in processing the refund.
8.5. Both the Receiver and Provideragree that they will comply with the Refund Policy contained in this Clause ofthese Terms.
9.1. The Website, the Services andall of the related products of Allsales are subject to copyright. The materialon the Website is protected by copyright under the laws of Australia andthrough international treaties. Unless otherwise indicated, all rights(including copyright) in the Services and compilation of the Website (includingbut not limited to text, graphics, logos, button icons, video images, audioclips, Website, code, scripts, design elements and interactive features) or theServices are owned or controlled for these purposes, and are reserved byAllsales or its contributors.
9.2. All trademarks, service marksand trade names are owned, registered and/or licensed by Allsales, who grantsto you a worldwide, non-exclusive, royalty-free, revocable license whilst youare a Member to:
(a) use the Website pursuant to theTerms;
(b) copy and store the Website and the material contained in the Website in your device's cache memory, and
(c) print pages from the Website for your own personal and non-commercial use.
9.3. Allsales does not grant you anyother rights whatsoever in relation to the Website or the Services. All otherrights are expressly reserved by Allsales.
9.4. Allsales retains all rights,title and interest in and to the Website and all related Services. Nothing youdo on or in relation to the Website will transfer any:
(a) business name, trading name,domain name, trade mark, industrial design, patent, registered design orcopyright, or
(b) a right to use or exploit abusiness name, trading name, domain name, trade mark or industrial design, or
(c) a thing, system or process thatis the subject of a patent, registered design or copyright (or an adaptation ormodification of such a thing, system or process),
9.5. to you.
9.6. You may not, without the priorwritten permission of Allsales and the permission of any other relevant rightsowners: broadcast, republish, up-load to a third party, transmit, post,distribute, show or play in public, adapt or change in any way the Services orthird party Services for any purpose, unless otherwise provided by these Terms.This prohibition does not extend to materials on the Website, which are freelyavailable for re-use or are in the public domain.
9.7. Where you broadcast, publish,upload, transmit, post or distribute Your Content on the Website, then yougrant to Allsales a non-exclusive, transferrable, perpetual, royalty-free,irrevocable, worldwide licence to broadcast, republish, up-load to a thirdparty, transmit, post, distribute, show or play in public, adapt or change YourContent.
11.1. Nothing in the Terms limits or excludes any guarantees, warranties, representations or conditions implied or imposed by law, including the Australian Consumer Law (or any liability under them) which by law may not be limited or excluded.
11.2. Subject to this clause, and to the extent permitted by law:
(a) all terms, guarantees, warranties, representations or conditions which are not expressly stated in the terms are excluded; and
(b) Allsales will not be liable for any special, indirect or consequential loss or damage (unless such loss or damage is reasonably foreseeable resulting from our failure to meet an applicable Consumer Guarantee), loss of profit or opportunity, or damage to goodwill arising out of or in connection with the Services or these Terms(including as a result of not being able to use the Services or the late supply of the Services), whether at common law, under contract, tort (including negligence), in equity, pursuant to statute or otherwise.
11.3. Use of the Website and the services is at your own risk. Everything on the Website and the Services is provided to you "as is" and "as available" without warranty or condition of any kind. None of the affiliates, directors, officers, employees, agents, contributors and licensors of Allsales makes any express or implied representation or warranty about the Services or any products or services (including the products or Services of Allsales) referred to on the website. This includes (but is not restricted to) loss or damages you might suffer as a result of any of the following:
(a) failure of performance, error, omission, interruption, deletion, defect, failure to correct defects, delay in operation or transmission, computer virus or other harmful components, loss of data, communication line failure, unlawful third party conduct, or theft, destruction, alteration or unauthorised access to records;
(b) the accuracy, suitability or currency of any information on the Website, the Services, or any of its services related products (including third party material and advertisements on the Website);
(c) costs incurred as a result of you using the Website, the Services or any of the products of Allsales; and
(d) the Services or operation in respect to links which are provided for your convenience.
11.4. You acknowledge that AllsalesWebsite and the Services are only intended to facilitate the interactions between the Receiver and the Provider and do not offer any services other than the Services and Allsales holds no liability to you as a result of any conduct of the Members or the misuse of Your Content by any party (including other Members).
12.1. Allsales's total liability arising out of or in connection with the Services or these Terms, however arising, including under contract, tort (including negligence), in equity, under statute or otherwise, will not exceed the resupply of the Services to you.
12.2. You expressly understand and agree that Allsales, its affiliates, employees, agents, contributors and licensors shall not be liable to you for any direct, indirect, incidental, special consequential or exemplary damages which may be incurred by you, however, caused and under any theory of liability. This shall include, but is not limited to, any loss of profit (whether incurred directly or indirectly), any loss of goodwill or business reputation and any other intangible loss.
12.3. You acknowledge and agree that all sales holds no liability for any direct, indirect, incidental, special consequential or exemplary damages which may be incurred by you as a result of providing Your Content to the Website.
13.1. If you want to terminate the terms, you may do so by providing Allsales with '30' days' notice of your intention to terminate by sending notice of your intention to terminate toAllsales via the 'Contact Us' link on our homepage.
13.2. Allsales may at any time, terminate the Terms with you if:
(a) you have breached any provision of the Terms or intend to breach any provision;
(b) Allsales is required to do so by law;
(c) Allsales is transitioning to no longer providing the Services to Members in the country in which you are resident or from which you use the service; or
(d) the provision of the Services to you by Allsales is, in the opinion of Allsales, no longer commercially viable.
13.3. Subject to local applicable laws, Allsales reserves the right to discontinue or cancel your membership at any time and may suspend or deny, in its sole discretion, your access to all or any portion of the Website or the Services without notice if you breach any provision of the Terms or any applicable law or if your conduct impactsAllsales's name or reputation or violates the rights of those of another party.
13.4. When the Terms come to an end, all of the legal rights, obligations and liabilities that you and Allsales have benefited from, been subject to (or which have accrued over time whilst theTerms have been in force) or which are expressed to continue indefinitely, shall be unaffected by this cessation, and the provisions of this clause shall continue to apply to such rights, obligations and liabilities indefinitely.
14.1. You agree to indemnifyAllsales, its affiliates, employees, agents, contributors, third party content providers and licensors from and against:
(a) all actions, suits, claims, demands, liabilities, costs, expenses, loss and damage (including legal fees on a full indemnity basis) incurred, suffered or arising out of or in connection with Your Content;
(b) any direct or indirect consequences of you accessing, using or transacting on the Website or attempt to do so; and/or
(c) any breach of the Terms.
If a dispute arises out of or relates to the Terms, either party may not commence any Tribunal or Court proceedings in relation to the dispute, unless the following clauses have been complied with (except where urgent interlocutory relief is sought).
A party to the Terms claiming a dispute ('Dispute') has arisen under the Terms, must give written notice to the other party detailing the nature of the dispute, the desired outcome and the action required to settle the Dispute.
On receipt of that notice ('Notice') by that other party, the parties to the Terms ('Parties')must:
1.1. Within '14' days of the Notice endeavour in good faith to resolve the Dispute expeditiously by negotiation or such other means upon which they may mutually agree;
1.2. If for any reason whatsoever,'14' days after the date of the Notice, the Dispute has not been resolved, the Parties must either agree upon selection of a mediator or request that an appropriate mediator be appointed by the President of the www.amr.asn.au or his or her nominee;
1.3. The Parties are equally liable for the fees and reasonable expenses of a mediator and the cost of the venue of the mediation and without limiting the foregoing undertake to pay any amounts requested by the mediator as a pre-condition to the mediation commencing. The parties must each pay their own costs associated with the mediation;
1.4. The mediation will be held inNew South Wales, Australia.
All communications concerning negotiations made by the Parties arising out of and in connection with this dispute resolution clause are confidential and to the extent possible, must be treated as "without prejudice" negotiations for the purpose of applicable laws of evidence.
If 3 months have elapsed after the start of a mediation of the Dispute and the Dispute has not been resolved, either Party may ask the mediator to terminate the mediation and the mediator must do so.
The Services offered by all sales is intended to be viewed by residents of Australia. In the event of any dispute arising out of or in relation to the Website, you agree that the exclusive venue for resolving any dispute shall be in the courts of New south wales, Australia.
The Terms are governed by the laws of New South Wales, Australia. Any dispute, controversy, proceeding or claim of whatever nature arising out of or in any way relating to the Terms and the rights created hereby shall be governed, interpreted and construed by, under and pursuant to the laws of New South Wales, Australia, without reference to conflict of law principles, notwithstanding mandatory rules. The validity of this governing law clause is not contested. The Terms shall be binding to the benefit of the parties hereto and their successors and assigns.
Both parties confirm and declare that the provisions of the Terms are fair and reasonable and both parties having taken the opportunity to obtain independent legal advice and declare the Terms are not against public policy on the grounds of inequality orbargaining power or general grounds of restraint of trade.
If any part of these Terms is found to be void or unenforceable by a court of competent jurisdiction, that part shall be severed and the rest of the Terms shall remain in force.