WEBSITE USE TERMS AND CONDITIONS
Ethicolo Pty Ltd
Dinidae (“we”, “us”, “website”) is the trading name of Ethicolo Pty Ltd ABN 53628255023 registered in Australia, Melbourne.
The term ‘Ethicolo Pty Ltd’ or ‘us’ or ‘our’ or ‘we’ refers to Ethicolo Pty Ltd, the owner of the website, whose registered office is 53628255023, Victoria. The term ‘you’ or ‘your’ refers to the website user.
Your use of this website is subject to the following terms and conditions:
1. The content of this website is for your general information and use only. It is subject to change without prior notice.
3. Neither we nor any third parties provide any warranty or guarantee as to the performance, accuracy, timeliness, completeness or suitability of the information and materials found or offered on this website for any particular purpose. You hereby acknowledge that such information and materials may contain mistakes, inaccuracies or errors and we expressly exclude any liability for such to the fullest extent permissible by law.
4. Your use of any information or materials on this website is entirely at your own risk, for which we shall not be liable. It shall be your own responsibility to ensure that any products, services or information available through this website meet your specific requirements.
5. This website contains material which is owned by or licensed to us. This material includes, but is not limited to, the content, design, layout, appearance, look and graphics of the website. Any reproduction of the website’s material is prohibited other than in accordance with the copyright notice, which forms part of these terms and conditions.
6. All trademarks reproduced in this website, which are not the property of, or licensed to us, are acknowledged on the website.
7. Unauthorised use of this website may be a criminal offence and/or give rise to a claim for damages.
8. This website may also, on occasion, include links to other websites which are not controlled by us. These links are provided for your convenience to provide you with further information. You acknowledge that they are used at your own risk. They do not signify that we recommend or endorse the websites. We have no control over the nature, content and availability of those websites.
9. Your use of this website and any dispute arising out of your use of it is subject to the laws of Victoria.
10. You may only use the website for lawful purposes and in a manner consistent with the nature and purpose of the website.
11. These terms and conditions do not relate to your use of any product or service described on our website unless otherwise agreed. You must refer to the individual warranty relevant to any particular product or service.
12.These terms and conditions may be amended from time to time. Your continued use of our website following any such amendments will be deemed to be confirmation that you accept those amendments.
13. You indemnify us from and against all claims, suits, demands, actions, liabilities, costs and expenses (including legal costs and expenses on a full indemnity basis) resulting from your use of the website.
14. In no event will we be liable for any loss, damage, cost or expense including legal costs and expenses (whether direct or indirect) incurred by you in connection with the use of this website.
15. Every effort is made to keep the website up and running smoothly. However, we take no responsibility for, and will not be liable for, the website being temporarily unavailable due to technical issues beyond our control.
Marketplace Seller Agreement
Updated: May 5, 2019
The Site is operated by Ethicolo Pty Ltd (“We”, ”Us”, “Our”). Which reserves the right to make changes to this marketplace seller agreement at any time. Changes to this marketplace seller agreement are effective when the changes are posted to the Site. Continuing to sell items in our marketplace will constitute your agreement to the new marketplace seller agreement. It is your responsibility to review the changes and decide if you want to continue to use our marketplace. Changes to the marketplace seller agreement may occur without notice to you.
Ethicolo Pty Ltd provides an online service that allows third party sellers to sell their products to buyers. Ethicolo Pty Ltd does not act as the agent for either buyers or sellers. Our service provides a platform for these transactions to take place.
You must login with an existing account or complete the Site registration process to create an account with a username and password (the “Account”) in order to make full use of selling on the marketplace. You may not share your password with anyone except authorized employees (if you’re a retail business). You must always provide accurate, current and complete information, and you must update such information in a timely manner to maintain its accuracy and completeness. Any use of the Site through your Account will be deemed as being used by you. Ethicolo Pty Ltd is entitled to rely on the contact and other information that is supplied to us through your Account. Your Account is non-transferable and non-assignable.
Listing items for sale in the Marketplace is limited to parties that can lawfully enter into a contract. Minors are not allowed to buy or sell on our marketplace. To list items for sale you must supply your name, address, phone number, email address, bank account information for payment and agree to the marketplace agreement.
We request bank account information primarily for identity and security reasons. By providing a bank account you are also authorizing us to charge it to settle your account in the event that the amount due exceeds your available balance. Please note that the bank account you have identified must be valid in order for you to be paid for your sales. If for any reason it is invalid at the time we try to disburse funds to you, your disbursement will be delayed until you update the information.
Ethicolo Pty Ltd requires you to provide timely support to the customers of our marketplace, please make sure that all communications are kept within our online messaging centre. All messages should ideally be replied to within 24hrs. Please resolve all customer issues related to the marketplace within 48hrs if possible. Do not contact customers directly unless replying to a question, alerting them of an order status update, or responding to a complaint.
All orders should be shipped to customers within 48hrs. All orders must reach the Buyer within the quoted time frame of 6-8 business days (standard shipping) and 3-4 business days (expedited shipping). Failure to provide shipment notification within 4 days may cause your transaction and any associated payment to be cancelled at our sole discretion. Please carefully read our Shipping Policy.
Sellers cannot list or sell items that: infringe upon intellectual property rights or are illegal, fake, counterfeit, or stolen. Ethicolo Pty Ltd determines which products to offer for sale in the marketplace. Products may be added or removed at any time without notice. Changes to the item detail pages of a product can also take place without notice. The way listings appear in the marketplace may change without notice to users of the marketplace.
Sellers are required to sell items at the price they listed to customers that meet the seller’s terms. By listing an item in our marketplace, you agree that you have the right to sell the item, the item is in your possession and that your description provided in your listing is complete and accurate. Sellers are not allowed to sell items they do not physically possess. Sellers are required to ship an order by the provided ship date and follow the Shipping Policy. Failure to ship by the provided date or follow the Shipping Policy may be grounds for termination of your Account.
You must keep any customer information you receive confidential and secure. In general, you should not share your Site login information with anyone other than authorized employees. Any employees or individuals who have access to your Site account must also keep login and buyer information secure. If you store buyer information anywhere outside of the Site’s Seller Portal, you must store that information securely where unauthorized individuals cannot access the information. In addition, you may not share buyer information through any social media platforms. If you are collecting buyer information for the purpose of marketing, you must obtain consent before doing so.
GENERAL DATA PROTECTION REGULATION (GDPR)
GDPR stands for the General Data Protection Regulation, a European Union (EU) law that regulates how personal information can be collected, stored, and used in an effort to protect online users. Under this law, residents of the European Union have the right to know who is collecting their personal information and for what purpose it is being used.
If you sell to individuals residing within the European Union, the law applies to you. In addition, as a seller on the Site, you must adhere to the GDPR regulations and follow best practices when handling a buyer’s personal information. You may receive certain information about buyers, such as names, mailing addresses, phone numbers, and email addresses. It’s important that you keep this information confidential and secure.
In addition, residents in the EU have the “right to be forgotten” and we will make every attempt to comply with rules under GDPR Article 17, Paragraph 2. If we forward you a buyer’s request to be forgotten, you must comply and delete all personal information you have in your possession.
After a Completed Sale occurs Ethicolo Pty Ltd credits the net proceeds from the sale to your account. Keep in mind that refunds to buyers, selling fees, and other transactions are debited against amounts credited to your Account from sales. The funds in your Account will be automatically transferred to your designated checking account for Completed Sales on each last day of the month. To receive funds, you must provide bank account information for an account in the Australia. Payments will be made in Australian Dollars.
It is the seller’s responsibility to collect and remit any taxes associated with a transaction. Ethicolo Pty Ltd may provide tools that allow a user to charge sales tax on transactions but will not be held responsible for the collection or lack of collection of any taxes due to the use of these tools. Ethicolo Pty Ltd is not responsible for determining when tax should be charged.
For all of your products you will accept and process returns, refunds and adjustments in accordance with this marketplace seller agreement and the Refund and Returns Policy published on the Site at the time of the applicable order, and we may inform customers that these policies apply to your products. You will promptly provide refunds and adjustments that you are obligated to provide under the applicable Ethicolo Pty Ltd Refund and Returns Policy and as required by law, and in no case later than thirty (30) days after the obligation arises.
The seller can terminate participation in our marketplace at any time by written notice to Ethicolo Pty Ltd. Ethicolo Pty Ltd reserves the right to terminate a user’s participation in the marketplace at any time for any reason at its sole discretion, with or without notice to user. Ethicolo Pty Ltd reserves the right to monitor user accounts to determine if policies or laws are being broken. Ethicolo Pty Ltd reserves the right to remove or edit any content supplied by users. Any illegal or fraudulent activity may be reported to law enforcement or other third parties. Upon termination, seller must pay Ethicolo Pty Ltd any fees that were incurred prior to the effective date of termination, and any pending transactions will be cancelled.
The Ethicolo Pty Ltd marketplace is provided as is and without warranty. Ethicolo Pty Ltd makes no warranties of any kind, expressed or implied. We strive to provide our marketplace 24 hours a day 365 days a year, but we do not guaranty our marketplace will always be available. Ethicolo Pty Ltd will not be liable for any loss due to our marketplace not being available. Ethicolo Pty Ltd will not be liable for any loss due to errors in our software or the software of others that we use.
RISK OF LOSS
Ethicolo Pty Ltd may refuse service to anyone for any reason. Ethicolo Pty Ltd may earn interest or other compensation from the balances in our bank accounts that result from the timing difference between our being paid by a buyer and our bank account being debited to pay out credits to a seller. Ethicolo Pty Ltd reserves the right to seek reimbursement from the seller if we, in our sole discretion, decide to reimburse the buyer, provide a refund to the buyer if the seller cannot promptly deliver the goods, discover erroneous or duplicate transactions, or receive a chargeback from a buyer’s credit card issuer for the amount of the buyer’s purchase from the seller.
INDEMNITY/LIMITATION OF LIABILITY
You will defend, indemnify and hold harmless Ethicolo Pty Ltd and its affiliates (and their respective employees, directors, agents and representatives) from and against any and all claims, costs, losses, damages, judgments, penalties, interest and expenses (including reasonable attorneys’ fees) arising out of any claim, action, audit, investigation, inquiry or other proceeding instituted by a person or entity that arises out of or relates to: (i) any actual or alleged breach of your representations, warranties, or obligations set forth in this marketplace agreement; or (ii) your own website or other sales channels, the products you sell, any content you provide, the advertisement, offer, sale or return of any products you sell, any actual or alleged infringement of any intellectual property or proprietary rights by any products you sell or content you provide, or the collection, payment or failure to collect or pay any taxes.
ETHICOLO PTY LTD WILL NOT BE LIABLE FOR ANY DAMAGES OF ANY KIND, INCLUDING WITHOUT LIMITATION DIRECT, INDIRECT, INCIDENTAL, PUNITIVE, AND CONSEQUENTIAL DAMAGES, ARISING OUT OF OR IN CONNECTION WITH THIS MARKETPLACE AGREEMENT, THE SITE, THE INABILITY TO USE THE SITE OR THE MARKETPLACE, OR THOSE RESULTING FROM ANY GOODS OR SERVICES PURCHASED OR OBTAINED OR MESSAGES RECEIVED OR TRANSACTIONS ENTERED INTO VIA THE SITE.
Because Ethicolo Pty Ltd is not directly involved with transactions between buyers and sellers, you agree to release Ethicolo Pty Ltd from claims, demands, and damages related to transaction disputes. If a dispute arises, buyers and sellers are expected to deal with each other to come to a resolution. At times, Ethicolo Pty Ltd Customer Service may step in to mediate disputes between Buyers and Sellers on our platform. During mediation, Ethicolo Pty Ltd Customer Service may apply full or partial refunds to resolve disagreements, any and all refunds are at the discretion of the Customer Service Team.
Any claim against Ethicolo Pty Ltd in relation to our marketplace shall be adjudicated in a court in Melbourne City, Melbourne Victoria and you agree to exclusive jurisdiction of these courts. This agreement shall be governed by the Victoria law, without regard to conflict of laws principles thereof.
By agreeing to the marketplace seller agreement, you grant the royalty-free use of any content you submit to us. You represent that you own any content you submit to us or you have the right to distribute submitted content. You will be responsible for any violation of rights for unauthorized content.
If any section of this agreement is deemed unlawful, void or unenforceable, then that section shall be deemed severable and the remainder of the agreement will remain in force. Failure to enforce any section of this agreement by Ethicolo Pty Ltd does not constitute a waiver of Ethicolo Pty Ltd right to enforce such section or any other section in the future.