Terms And Conditions

TRADING TREE – TERMS AND CONDITIONS

This online platform (Platform) is operated by Trading Tree Pty Ltd ABN 99 629 279 134 or its successors and assignees (we, our or us).  It is available at: www.tradingtree.com.au (Site)and may be available through other addresses or channels. 

PART 1 – DEFINITIONS & ACCEPTANCE

Definitions

In these terms and conditions:

Buyer means a prospective buyer of the Seller’s Goods.

Goods means wholesale items listed for sale by the Seller.

Platform means our marketplace regardless of whether you access it on our Site or through other associated third party platforms. 

Seller means wholesale seller of Goods.

You or Your means anyone using the Platform, regardless of whether they are a Buyer and/ or Seller, noting they may be a person, entity or organisation. If you are agreeing to these Terms not as an individual but on behalf of a company, your employer, an organisation, government or other legal entity (Represented Entity), then “you” means the Represented Entity and you are binding the Represented Entity to these Terms. If you are accepting these Terms and using our services on behalf of a Represented Entity, you represent and warrant that you are authorised to do so.

Acceptance

By accessing and/or using our Platform, you

(a) warrant to us that you have reviewed these terms and conditions, including our Privacy Policy (available on the Platform) (Terms); 

(b) warrant to us that you have the legal capacity to enter into a legally binding agreement with us or (if you are under 18 years of age) you have your parent’s or legal guardian’s permission to access and use the Platform and they have agreed to the Terms on your behalf; and 

(c) agree to use the Platform in accordance with these Terms. 

PART 2 – PLATFORM SUMMARY

Introductory Service Only

  1. The Platform provides an introductory service for Sellers and Buyers. 
  2. A Seller with an ability to sell Goods:
    1. creates an account on the Platform; and
    2. posts an accurate and complete description of the Goods to be provided (including the fee or price to be paid by the Buyer) (Listing). All Listings are subject to our approval before going live on the Platform.
  3. A Buyer with a requirement to purchase Goods:
    1. creates an account on the Platform;
    2. reviews the Listings uploaded by Sellers; and 
    3. makes an order (Order Request) which is sent to the Seller through the Platform.
  4. If a Seller wishes to provide the Goods to a Buyer, the Seller may accept the Order Request (which becomes an Order). By accepting an Order Request, the Seller confirms that they are legally entitled to and capable of supplying the Goods described in the Listing. 
  5. In accepting an Order Request, a contract will be formed between the Seller and Buyer (Contract). In the absence of, or in addition to, any specific terms of agreement between the Seller and Buyer, the model terms included as Appendix A to these terms and conditions apply to the Contract.
  6. Once a Seller has accepted an Order Request, the Seller and Buyer can communicate privately using our private messaging service.
  7. Once a Seller has provided the Goods requested by a Buyer, the Seller must provide notice that the Order is complete by using the Platform functionality (Completed Order). Notwithstanding this clause, Orders that have been marked as dispatched will be automatically converted to a Completed Order 14 days after the date of dispatch.
  8. You understand and agree that the Platform is an online introductory platform only, and that our responsibilities are limited to enabling the user functionality of this Site and availability of the Platform to Sellers and Buyers. We are not an employment agency or labour hire business and Sellers are independent third party businesses not our employees, contractors, partners or agents.
  9. We are not a party to any agreement entered into between a Seller and a Buyer. We have no control over the conduct of Sellers, Buyers or any other users of the Platform.  
  10. We accept no liability for any aspect of the Buyer and Seller interaction, including but not limited to the description of Goods offered and the delivery of Goods. 

Registration and Profiles 

  1. You can browse and view the Platform as an unregistered user of the Platform.  You must register on the Platform and create an account (Account) to access some features on the Platform.
  2. To register an Account on the Platform as either a Buyer or Seller you must be one of the following:
  1. A registered business authorised to operate in Australia;
  2. An educational organisation;
  3. A governmental or quasi-governmental authority or body; or
  4. A not-for-profit, non-profit, charity or similar organisation (Authorised Account Holder).
  1. You may have one (1) Account each as a Buyer and a Seller. You may not have more than one Buyer account or more than one Seller account.
  2. You must provide basic information when registering for an Account including name, email address, and location and you may choose a username and password. The username you choose must not be offensive or in other ways insulting; contain characteristics which belong to a third party, including names of famous persons, or personal names to which you do not own the rights.  
  3. If you are a Seller: 
    1. to create an Account as a Seller, you must pay a monthly membership fee (Seller Membership Fee) in accordance with the Fees & Payments clause below; and
    2. we will review your request for an Account before approving the request through our verification process (Verification Process). We may request additional information if we are unable to verify your identity, including business data. If you do not provide us with information we reasonably request, do not pass our Verification Process, or are not an Authorised Account Holder, we may refuse to create an Account for you. If you provide us with any information which indicates you are not a fit and proper person to be provided with an Account, we may refuse to provide you with an Account, in our sole discretion.
  4. You may be able to register for an Account using your Google+, Facebook or other social media network account (Social Media Account). If this is an option you used and you sign in to your Account using your Social Media Account, you authorise us to access certain information on your Social Media Account.
  5. Once you have registered an Account, your account information will be used to create a profile (Profile). Your Profile is personal and you must not transfer it to others, except with our written permission.
  6. You must provide accurate, current and complete information during the registration process and you must update such information to keep it accurate, current and complete. You are responsible for keeping your Account and Profile details and your username and password confidential and you will be liable for all activity on your Account, including purchases made using your Account details, whether or not you authorised such activities or actions. 
  7. You will immediately notify us of any unauthorised use of your Account.
  8. At our sole discretion, we may refuse to allow any person to register or create an Account.
  9. Notwithstanding the Verification Process, we make no warranties, representations or guarantees of any kind, whether express or implied, or whether under these Terms, under statute or on any other basis, in relation to or connected with the accuracy, legitimacy, validity, credibility or authenticity of any users on the Platform.

PART 3 – SELLER TERMS & CONDITIONS

Seller Obligations

  1. As a Seller, you will have:
    1. the ability to list Goods for sale on the Platform;
    2. the ability to receive and accept orders from Buyers for your listed Goods;
    3. the ability to receive payment for orders fulfilled via the Platform;
    4. access to our support services (including onboarding support, technical support and customer service escalation support);
    5. the ability to contact our support services directly; and
    6. the ability to contact Buyers directly via the Platform messaging system.
  2. Each Seller bears the sole responsibility for any activity that occurs on the Seller’s Account. It is the Seller’s responsibility to keep their Account details and password secure.
  3. Each Seller bears the sole responsibility for maintaining your product information in accordance with any of our policies (including image and content guidelines).
  4. In providing business data to us during the registration process, the Seller represents and warrants to us that this data is true, complete, accurate and up to date.
  5. A Seller must:
    1. pay the Seller Membership Fee on a monthly basis;
    2. ensure that all Goods sold via the Platform are of merchantable quality, fit for any stated purpose, provided to users with acceptable care and skill and in compliance with all applicable Australian Safety Standards and obligations under law;
    3. maintain consistent high standards to meet the expectations of Buyers and are required to conform with our minimum service obligations, including:
      1.  confirm acceptance of orders within 1 Business Day of receiving an order confirmation from us;
      2. maintain an Order acceptance rate of at least 95% of orders placed for your Goods;
      3. maintain an incident rate of below 15%, noting that in this clause and these Terms, incident refers to a complaint made against the Seller by the Buyer for any reason (Incident);
      4. respond to communications from Buyers within 1 Business Day of receiving a message in our system from a Buyer;
      5. pay out all refunds promptly and in any case within 48 hours of receiving the refunded Goods;
      6. if applicable, maintain a minimum user rating of 3.5 based on our Rating system provided via the Platform;
      7. deliver Goods within the stated delivery / shipment times on your Listing. You acknowledge in this regard that we are not responsible for the shipping or delivery of any Goods being sold on the Platform;
      8. respond to and handle customer complaints and disputes promptly; and
      9. fairly and lawfully comply with your returns policies and procedures and at all times comply with any minimum requirements we set in relation to responding to and handling disputes.
    4. respond to Incidents within 5 Business Days of it being sent to you. If this has not been done, we have the right to review a Buyers complaint and issue the Buyer with a refund for the Goods which are the subject of the complaint;
    5. be willing and able to provide any Goods that are in a Listing to Buyers. All prices listed on the Platform should be in Australian Dollars and include GST unless otherwise specified;
    6. implement, maintain and publish the legal terms governing the sale of Goods via the Platform, including an appropriate and lawful delivery / shipping policy and return policy;
    7. keep your Profile up to date and ensure it is reflective of the actual Goods being offered;
    8. ensure all Goods being sold are located in Australia at the time they are included in a Listing;
    9. maintain and manage your inventory appropriately to ensure you can fulfil Orders within a reasonable time frame;
    10. cooperate with us and reasonably assist us where required; and
    11. give us written notice to any changes of your details within a reasonable period of time.

 

PART 4 – BUYER TERMS & CONDITIONS

Buyer Obligations

  1. As a Buyer, you will have:
    1. the ability to make an Order Request on a Listing on the Platform;
    2. to make payment for an Order;
    3. access to our support services (including raising an incident inquiry (Incident) and any other customer service escalation support);
    4. the ability to contact our support services directly;
    5. the ability to contact Sellers directly via the Platform messaging system;
    6. the ability to monitor and track Orders; and
    7. the ability to leave ratings and reviews in accordance with the Ratings and Reviews clause below.
  2. Each Buyer bears the sole responsibility for any activity that occurs on the Buyer’s Account. It is the Buyer’s responsibility to keep their Account details and password secure.
  3. In the event that you are dissatisfied with a Seller or a Listing, you can raise an Incident inquiry to our support services, and the Seller will communicate with you directly to try and resolve the Incident at first instance.
  4. Buyers may browse Seller Profiles for information about a Seller and Buyers can also choose to follow Sellers on the Platform and receive notifications regarding the Seller’s activities. 

Ratings and Reviews 

  1. Buyers may rate a Listing (Rating) and/or may provide feedback to Seller regarding the Seller’s Goods purchased by that Buyer (Review). 
  2. Ratings and Reviews of a Buyer can be viewed by any user and will remain viewable until the relevant Seller’s Account Listing is removed or terminated.
  3. A Buyer must provide true, fair and accurate information in their Review. Buyers may only provide a Rating and/ or Review if the Buyer has had a buying experience with that Seller, which means:
  1. you have purchased a product or service from that Seller; or
  2. you have placed an order with the Seller; or
  3. you can otherwise document your use of the Seller’s service, including via correspondence or other interaction with the Seller (collectively referred to as a Service Experience).
  1. You may only write about your own Service Experience. You are not permitted to write a Review about somebody else’s Service Experience, such as that of a family member or friend.
  2. You may not write a review about a Seller you have previously owned, currently own, or which an immediate family member currently owns, or if you are an executive or employee of that Seller, or work for the Seller. Similarly, you may not write a Review about a direct competitor to the Seller you own, are employed by or work for. 
  3. Your Service Experience must have occurred within the last 12 months. This means within 12 months from the date on which you write the Review. 
  4. You are encouraged to be specific and factual in your Reviews. If you have been offered an incentive by a Seller to write a Review, you should include information about this in your Review. Incentives include the Seller offering you a gift, reward, discount or advantage for writing a Review about the Seller on the Platform. 
  5. If we consider that a Review is untrue, unfair, inaccurate, offensive or inappropriate, we may delete the Review or ban the Buyer from posting the Review. We do not undertake to review each Review made by a Buyer.
  6. To the maximum extent permitted by law, we are not responsible for the content of any Reviews.
  7. You may not publish Reviews for Sellers to which you have personal or professional relations.

PART 5 – FEES & PAYMENTS

Fees and Payments 

  1. A Seller creating a Seller Account on the Platform must pay the Seller Membership Fee on a monthly basis and in accordance with the fees set out on the Platform at the time the Account is created. There is no charge for a Seller to create a Listing, or for other users to review content on the Platform, including Listings.
  2. A Buyer can create a Buyer Account on the Platform for free.
  3. Any payments will be made through our third-party payment processor, currently Paypal, or by any other payment method set out on the Platform. Note that you may also be subject to a payment freeze for all new accounts with Paypal in accordance with their terms and conditions and we have no liability in relation to any such delay in your payment.
  4. A Buyer must pay the relevant costs set out in the Listing (Order Payment) at the time they make an Order Request. The Order Payment will be processed at the time the Buyer has made an Order Request or at a reasonable time thereafter.  
  5. Subject to subclause (f) below, the Order Payment will be paid to the Seller 14 days after the Order has been marked as dispatched after deduction of our service fee which is set out on the Platform. We will facilitate payment of the Order Payment to a Seller on a weekly basis, minus our service fee (as set out on the Platform), for all orders marked as Completed Orders that week.
  6. We may withhold payment of the Order Payment to a Seller if we receive a complaint from a Buyer about Goods purchased from you.
  7. To the extent permitted by law, our service fee is non-cancellable and non-refundable. 
  8. We set out a number of payment methods on the Platform. The payment method you choose may be subject to additional terms and conditions imposed by the applicable third-party payment processor; please review these terms and conditions before using your selected payment method. 
  9. The payment method you select may affect how quickly you receive any payment from us (if this is applicable). 
  10. If an Order Request is rejected by a Seller, the Order Payment will be immediately refunded to the Buyer within 24 hours. 

Limited Payment Collection Agent

  1. Each Seller appoints us as the Seller’s limited payment collection agent solely for the purpose of accepting the Order Payment from the Buyer.
  2. Sellers agree that payment of  Order Payment by a Buyer to us (as the Services Provider’s limited payment collection agent) is to be considered the same as payment made directly by the Buyer to the Seller and the Seller will provide the purchased Goods to the Buyer as agreed, as if the Seller had received payment directly from the Buyer.
  3. Each Seller agrees that we may refund Buyers in accordance with these Terms. Each Seller agrees that our obligation to pay the Seller is subject to and conditional upon the successful receipt of the relevant payments from Buyers.
  4. We guarantee payment to Sellers only for such amounts that we have successfully received from Buyers in accordance with these Terms. In accepting the appointment as the limited payment collection agent of the Seller, we assume no liability for acts or omissions of the Seller.
  5. In the event that we do not remit Order Payment as set out in the Payment clause above, Sellers will only have recourse against us and not the Buyer directly.

Refund and Cancellation Policy 

Any cancellation, exchange or refund of Goods is strictly a matter between the Seller and the Buyer. The terms and conditions agreed to between the Seller and the Buyer should be set out clearly in the Listing in respect of the Goods or on the Seller’s Account.

Notwithstanding the above we may, at our sole discretion, issue a refund or cancel an Order due to any Incidents raised by a Buyer or Seller.

Any refunds that we make may be subject to the terms of third-party payment platforms, including Paypal.

PART 6 – RULES FOR USING OUR PLATFORM 

Licence to use our Platform

We grant you a non-exclusive, royalty-free, revocable, worldwide, non-transferable license to use our Platform in accordance with these Terms.  All other uses are prohibited without our prior written consent.

Prohibited Conduct

You must not do, or attempt to do, anything that is unlawful; anything prohibited by any laws which apply to our Platform or which apply to you or your use of our Platform; anything which we would consider inappropriate; or anything which might bring us or our Platform into disrepute, including (without limitation):

  1. anything that would constitute a breach of an individual’s privacy (including uploading private or personal information without an individual’s consent) or any other legal rights;
  2. using our Platform to defame, harass, threaten, menace, or offend any person;
  3. interfering with any user using our Platform;
  4. tampering with or modifying our Platform, knowingly transmitting viruses or other disabling features, or damaging or interfering with our Platform, including (without limitation) using trojan horses, viruses or piracy, or programming routines that may damage or interfere with our Platform;
  5. anything that might violate any local, state, national, or other law or regulation or any order of a court, including, without limitation, zoning and tax regulations;
  6. using our Platform to find a Buyer or Seller and then completing an Order or transaction independent of our Platform in order to circumvent the obligation to pay any fees related to our provision of the Platform;
  7. as a Seller, offering any Goods that you do not intend to honour or cannot provide;
  8. as a Buyer, making any offers to Sellers that you do not intend to offer;
  9. using our Platform to send unsolicited email messages; or
  10. facilitating or assisting a third party to do any of the above acts.

Exclusion of competitors

You are prohibited from using our Platform, including the information and materials available on it (Content), in any way that competes with our business.  If you breach this term, we will hold you responsible for any loss, damage, or expense, howsoever arising, whether direct or indirect and/or whether present, unascertained, future or contingent (Liability) we suffer, and hold you accountable for any profits that you may make from non-permitted use. 

PART 7 – LEGAL LIABILITY & INTELLECTUAL PROPERTY

Information

The Content is not comprehensive and is for general information purposes only.  It does not take into account your specific needs, objectives or circumstances, and is not advice.  While we use reasonable attempts to ensure the accuracy and completeness of the Content, we make no representation or warranty regarding it, to the extent permitted by law. The Content is subject to change without notice. However, we do not undertake to keep our Platform up-to-date and we are not liable if any Content is inaccurate or out-of-date.

Intellectual Property rights

Unless otherwise indicated, we own or licence all rights, titles, and interests (including intellectual property rights) in our Platform and all of the Content. Your use of our Platform and your use of and access to any Content does not grant or transfer to you any rights, title, or interest in relation to our Platform or the Content.

You must not, without the prior written consent of ourselves or the owner of the Content (as applicable): 

  1. copy or use, in whole or in part, any Content; 
  2. reproduce, retransmit, distribute, disseminate, sell, publish, broadcast, or circulate any Content to any third party; or
  3. breach any intellectual property rights connected with our Platform, including (without limitation):
    1. altering or modifying any of the Content;
    2. causing any of the Content to be framed or embedded in another website; or 
    3. creating derivative works from the Content.

User Content

You may be permitted to post, upload, publish, submit, or transmit relevant information and content, including Reviews (User Content) on our Platform.  By making available any User Content on or through our Platform, you grant to us a worldwide, irrevocable, perpetual, non-exclusive, transferable, royalty-free licence to use the User Content, with the right to use, view, copy, adapt, modify, distribute, license, sell, transfer, communicate, publicly display, publicly perform, transmit, stream, broadcast, access, or otherwise exploit such User Content on, through, or by means of our Platform.

You agree that you are solely responsible for all User Content that you make available on or through our Platform.  You represent and warrant that: 

  1. you are either the sole and exclusive owner of all User Content or you have all rights, licenses, consents, and releases that are necessary to grant to us the rights in such User Content as contemplated by these Terms; and
  2. neither the User Content nor the posting, uploading, publication, submission, or transmission of the User Content or our use of the User Content on, through or by means of our Platform will infringe, misappropriate or violate a third party’s intellectual property rights, or rights of publicity or privacy, or result in the violation of any applicable law or regulation.

We do not endorse or approve and are not responsible for any User Content. We may, at any time at our sole discretion, remove any User Content.

Third-party sites: Our Platform may contain links to websites operated by third parties.  Unless expressly stated otherwise, we do not control, endorse or approve and are not responsible for the content on those websites.  You should make your own investigations with respect to the suitability of those websites.  

Discontinuance: We may, at any time and without notice to you, discontinue our Platform, in whole or in part.  We may also exclude any person from using our Platform, at any time at our sole discretion. We are not responsible for any Liability you may suffer arising from or in connection with any such discontinuance or exclusion.

Consumer Guarantees

  1. Certain legislation including the Australian Consumer Law (ACL) in the Competition and Consumer Act 2010 (Cth), and similar consumer protection laws and regulations may confer you with rights, warranties, guarantees, and remedies relating to the provision of our services which cannot be excluded, restricted or modified (Statutory Rights).
  2. Nothing in these Terms excludes your Statutory Rights as a consumer under the ACL.  
  3. The Goods and services provided by a Seller might also confer you certain Statutory Rights. 

Warranties, disclaimers, and indemnity 

To the extent permitted by law, we make no representations or warranties about our Platform, the Content, Sellers, Buyers, Goods or Listings including (without limitation) that:

  1. they are complete, accurate, reliable, up-to-date, and suitable for any particular purpose; 
  1. access will be uninterrupted, error-free, and free from viruses; 
  2. our Platform will be secure;
  3. that Goods will be requested by Buyers or that Buyers will find desirable Goods; and
  4. that Goods are of a particular standard of workmanship or meet the Listing description.

You read, use, and act on our Platform and the Content at your own risk.

Limitation of liability: Despite anything to the contrary, to the maximum extent permitted by law: 

  1. our maximum aggregate Liability arising from or in connection with these Terms (including the services we provide and/or the subject matter of these Terms) will be limited to, and must not exceed the aggregate amount of fees paid by you to us during the three-month period immediately preceding the event that gave rise to the Liability; and
  2. we will not be liable to you for any loss of profit (including anticipated profit), loss of benefit (including anticipated benefit), loss of revenue, loss of business, loss of goodwill, loss of opportunity, loss of savings (including anticipated savings), loss of reputation, loss of use and/or loss or corruption of data,

whether under the statute, contract, equity, tort (including negligence), indemnity, or otherwise.

  1. Despite anything to the contrary, to the maximum extent permitted by law, we will have no Liability, and you release and discharge us from all Liability, arising from or in connection with any:  
    1. loss of, or damage to, any property, or any injury or loss to any person;
    2. failure or delay in providing the Platform or our services; or 
    3. breach of these Terms or any law,

where caused or contributed to by any: 

  1. event or circumstance beyond our reasonable control; 
  2. a fault, defect, error, or omission in your computing environment; or
  3. act or omission of you or your related parties,
  4. and, in any event, any defect, error, omission, or lack of functionality or suitability (or the absence of, or reduction in, any anticipated result, outcome, or benefit) with respect to the Goods.  
  1. You acknowledge and agree that (i) you use the Platform or our services at your own risk, (ii) the provision of the Platform or our services may be contingent on, or impacted by, third parties, suppliers, or other subcontractors (Third Party Inputs), and despite anything to the contrary, the maximum extent permitted by law, we will not be responsible and will have no liability for any default or breach of these Terms or any law if such default or breach was caused or contributed to by any Third Party Inputs.
  2. You agree that, to the maximum extent permitted by law, these Terms exclude all terms, conditions, and warranties implied by statute, in fact, or on any other basis, except to the extent such terms, conditions, and warranties are fully expressed in these Terms.
  3. Indemnity: To the maximum extent permitted by law, you must indemnify us, and hold us harmless, against any Liability suffered by us arising from or in connection with your use of our Platform or any breach of these Terms or any applicable laws by you. This indemnity is a continuing obligation, independent from the other obligations under these Terms, and continues after these Terms end.  It is not necessary for us to suffer or incur any Liability before enforcing a right of indemnity under these Terms.
  4. This clause will survive the termination or expiry of these Terms.

PART 8 – TERMINATION

Termination

  1. At our sole discretion, we may suspend your Account or terminate these Terms immediately if (i) you are in material breach of these Terms, any applicable laws, regulations or third party rights (ii) as a Seller your Listings at any time fail to meet any applicable quality or eligibility criteria, (iii) you have received poor Ratings or we have received complaints about you including due to repeated cancellations of Orders.
  2. If we suspend your Account or terminate these Terms, we will cancel any existing Orders and in the case of a Seller breach, refund the relevant Buyers, and in the case of a Buyer breach, you will lose any amounts paid.

Disputes: We encourage Sellers and Buyers to attempt to resolve disputes (including claims for returns or refunds) with other users directly. In the event of any dispute arising from, or in connection with, these Terms (Dispute), the party claiming there is a Dispute must give written notice to the other party setting out the details of the Dispute and proposing a resolution. Within 7 days of receiving the notice, the parties must meet at least once to attempt to resolve the Dispute or agree on the method of resolving the Dispute by other means, in good faith.  All aspects of every such conference, except the fact of the occurrence of the conference, will be privileged. If the parties do not resolve the Dispute or (if the Dispute is not resolved) agree on an alternate method to resolve the Dispute, within 21 days after receipt of the notice, the Dispute may be referred by either party (by notice in writing to the other party) to litigation.

PART 9 – MISCELLANEOUS

Insurance 

We recommend that Sellers obtain appropriate insurance for supplying their Goods or services. If you are a Seller and you obtain an insurance policy, please review any relevant insurance documentation carefully, and in particular make sure that you are familiar with and understand any exclusions to, and any deductibles that may apply for such insurance policy. ]

General

Variation: We may modify these Terms from time to time by posting the amended Terms on the Platform. By continuing to use the Platform after such modification or 30 days after notification (whichever date is earlier), you agree to the amended terms. If you do not agree to the modifications, you must terminate your Account and stop using the Platform.

Assignment: You may not assign, transfer or delegate your rights and obligations under the Terms without our prior written consent. We may without restriction assign, transfer or delegate our rights and obligations under these Terms with 30 days prior notice.

Severance: The provisions of these Terms are severable and if any provision of these Terms is held to be void, invalid, illegal or unenforceable, that provision is severed from these Terms without affecting the validity or enforceability of the remainder of that provision or the other provisions in these Terms.

Jurisdiction: Your use of our Platform and these Terms are governed by the laws of New South Wales. You irrevocably and unconditionally submit to the exclusive jurisdiction of the courts operating in New South Wales and any courts entitled to hear appeals from those courts and waive any right to object to proceedings being brought in those courts. 

For any questions and notices, please contact us at:

Trading Tree Pty Ltd ABN 99 629 279 134

Email: sue@tradingtree.com.au 

Last update: 26th June 2023

Appendix A: Model Contract

A Contract is created in accordance with the Trading Tree Platform Terms and Conditions. Unless otherwise agreed, the Buyer and the Seller enter into a Contract on the following terms (using the same definitions specified in the Platform Terms and Conditions):

Item 1: Start Date

The Contract is created when the Seller accepts the Buyer’s Order Request for an Order from the Seller’s Listing on the Platform.

Item 2: Term

The Contract will continue until it is terminated by one of the methods specified in Item 8 of this Contract.

Item 3: Scope of Services 

  1. The Seller will ensure the Goods being provided are of good quality and as described on the Listing and are shipped in accordance with the Seller’s shipping policy.
  2. The Buyer and the Seller must perform their obligations under this Contract in accordance with any other terms or conditions agreed upon by the parties during the creation of the Contract, including any agreements made via the messaging function on the Platform.
  3. Both parties acknowledge that the Contract is a personal service contract and as such the Seller is not able to subcontract any part of the Contract to a third party unless the Buyer consents in writing. 

Item 4: Warranties

Each party warrants that the information provided in the creation of this Contract is true and accurate.

Item 5: Payment or Cancellation

The parties agree:

  1. upon the creation of the Contract, the Buyer must pay the agreed price for the Services, specified in the Seller’s Listing into the account operated by a third-party payment provider that is linked to the Platform;
  2. an Order will be completed on the earlier of:
  1. 14 days from the date of dispatch of the Order; and
  2. when the Seller or Buyer provides notice to the Platform that the Goods have been delivered (Completed Order).
  1. once the Completed Order is confirmed on the Platform, the Buyer’s funds will be released to the Seller by the Platform in accordance with the Platform Terms and Conditions; and
  2. if the parties agree to cancel the Contract, or the Buyer is unable to contact the Seller to perform the Contract, the Buyer’s funds held with the third-party payment provider will be returned to the Buyer, subject to any fees set out in the Platform Terms and Conditions.

Item 6: Limitation of Liability

To the extent permitted by law, the Seller shall not be liable for any indirect or consequential damage or loss for any defect or malfunction in Goods that occurs in the delivery of the Goods to the Buyer.

Item 7: Disputes

If a dispute arises with respect to this Contract (Dispute), the party claiming there is a Dispute must give written notice to the other party setting out the details of the Dispute and proposing a resolution. Within 7 days of receiving the notice, the parties must meet at least once to attempt to resolve the Dispute or agree on the method of resolving the Dispute by other means, in good faith.  All aspects of every such conference, except the fact of the occurrence of the conference, will be privileged. If the parties do not resolve the Dispute or (if the Dispute is not resolved) agree on an alternate method to resolve the Dispute, within 21 days after receipt of the notice, the Dispute may be referred by either party (by notice in writing to the other party) to litigation. 

 

Item 8: Termination of Contract

The Contract will terminate (end) when:

  1. the services are completed (Completed Order) and the agreed price paid by the Buyer is released to the Seller less any service fees payable to the Platform;
  2. a party is terminated or suspended from the Platform at the election of the other party;
  3. otherwise agreed by the parties; or
  4. notified by the Platform in accordance with the Terms and Conditions that the Contract is at an end.

Item 9: Governing Law

The laws of the jurisdiction govern the Contract where the Listing was posted on the Platform.