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Website Terms & Conditions


This agreement governs your use of the Luxe Carsales platform, accessible at https://luxecarsales.com.au/ (Platform) and any goods or services made available through the Platform. By using the Platform, you agree to be bound by this agreement which forms a binding contractual agreement between you, the User, and us, Luxe Carsales Pty Ltd ABN 94 656 991 285 (The Company, we or us). The remainder of this agreement is divided into three parts:
  • • Part A (All Users), which sets out terms that apply to all Users;
  • • Part B (Sellers), which sets out additional terms that apply to Sellers, being Users who register for a Seller Account and/or offer to sell goods or services through the Platform; and
  • • Part C (Customers), which sets out additional terms that apply to Customers, being Users who register for a Customer Account and/or offer to buy goods or services through the Platform.
If you intend to use the Platform as a Seller, only Parts A and B of these terms will apply to you. If you intend to use the Platform as a Customer, only Parts A and C of these terms will apply to you. When we talk about the “Goods” in this agreement, we are referring to the goods available through the Platform via Sellers, including but not limited to motor vehicles. If you access or download our mobile application from the Apple App Store, you agree to Apple’s Licensed Application End User License Agreement and any Usage Rules set forth in the App Store Terms of Service or the Android, Google Inc. Terms and Conditions including the License Agreement and Terms of Application. We may use Google Maps/Earth mapping services, including Google Maps API(s). Your use of Google Maps/Earth is subject to the Google Maps/Google Earth Additional Terms of Service.

Part A (All Users)


  • (a) This Platform is not intended for unsupervised use by any person under the age of 18 years old or any person who has previously been suspended or prohibited from using the Platform. By using the Platform, you represent and warrant that you: (i) have not been suspended or prohibited from using the Platform; and (ii) are either: (A) over the age of 18 years and accessing the Platform for personal use; or (B) accessing the Platform on behalf of someone under the age of 18 years old and consent to that person’s use of the Platform.
  • (b) Please do not access the Platform if you are under the age of 18 years old and do not have your parent or guardian’s consent, or if you have previously been suspended or prohibited from using the Platform.
  • (c) If you use the Platform on behalf of a company or organisation you warrant that you have the necessary authority from that company or organisation to do so. If you are signing up not as an individual but on behalf of your company, your employer, an organisation, government or other legal entity (Represented Entity), then “you” and “User” means the Represented Entity and you are binding the Represented Entity to this agreement. If you are accepting this agreement and using our Platform on behalf of a Represented Entity, you represent and warrant that you are authorised to do so.


  • (a) In order to place a listing for the sale of goods on the Platform, all Sellers are required to sign-up, register and receive an account through the Platform (an Account).
  • (b) Buyers have the option, and in order to use most of the functionality of the Platform may be required, to create or sign-up to an Account.
  • (c) As part of the Account registration process and as part of your continued use of the Platform, you are required to provide personal information and details, such as your email address, first and last name, company name and ABN (if relevant), preferred username, a secure password, billing, postal and physical addresses, mobile phone number, bank account information, and other information as determined by The Company from time to time.
  • (d) You warrant that any information you give to The Company in the course of completing the Account registration process will always be accurate, honest, correct and up-to-date.
  • (e) Once you complete the Account registration process, The Company may, in its absolute discretion, choose to accept you as a registered user within the Platform and provide you with an Account.
  • (f) The Company reserves the right to contact you about any concerning behaviour by you, or to seek a resolution with you.
  • (g) The Company may, in its absolute discretion, suspend or cancel your Account for any reason, including for any failure to comply with this agreement.


As a User, you agree:
  • (a) not to intimidate, harass, impersonate, stalk, threaten, bully or endanger any other User or distribute unsolicited commercial content, junk mail, spam, bulk content or harassment;
  • (b) to not share your Account with any other person and that any use of your Account by any other person is strictly prohibited. You must immediately notify The Company of any unauthorised use of your Account, password or email, or any other breach or potential breach of the Platform’s security;
  • (c) to not use the Platform for any purpose other than for the purpose of making arrangements to provide or receive Goods, including: (i) you must not use the Platform in a manner that is illegal or fraudulent or facilitates illegal or fraudulent activity (including requesting or accepting a job or a sale which includes illegal goods, activities or purposes); and (ii) you must not use the Platform in connection with any commercial or money making or other promotional or marketing endeavours except those that are endorsed herein, or as approved in writing by The Company;
  • (d) not to act in any way that may harm the reputation of The Company or associated or interested parties or do anything at all contrary to the interests of The Company or the Platform;
  • (e) you must not make any automated use of the Platform and you must not copy, reproduce, translate, adapt, vary or modify the Platform without the express written consent of The Company;
  • (f) that The Company may change any features of the Platform or Goods offered through the Platform at any time without notice to you;
  • (g) that information given to you through the Platform, by The Company or another User including a Seller, is general in nature and we take no responsibility for anything caused by any actions you take in reliance on that information;
  • (h) that The Company may cancel your account at any time, including if it considers, in its absolute discretion, that you are in breach or are likely to breach this clause 3; and


  • 4.1 WARRANTIESBy providing or posting any information, materials or other content on the Platform (Posted Material), you represent and warrant that:
    • (a) you are authorised to provide the Posted Material (including by being authorised to provide any services that you represent you provide);
    • (b) the Posted Material is accurate and true at the time it is provided;
    • (c) any Posted Material which is in the form of a review or feedback is honest, accurate and presents a fair view of the relevant person and/or your experience;
    • (d) the Posted Material is free from any harmful, discriminatory, defamatory or maliciously false implications and does not contain any offensive or explicit material;
    • (e) the Posted Material is not “passing off” of any product or service and does not constitute unfair competition;
    • (f) the Posted Material does not infringe any Intellectual Property Rights, including copyright, trademarks, business names, patents, confidential information or any other similar proprietary rights, whether registered or unregistered, anywhere in the world;
    • (g) the Posted Material does not contain any viruses or other harmful code, or otherwise compromise the security or integrity of the Platform or any network or system; and
    • (h) the Posted Material does not breach or infringe any applicable laws.
  • 4.2 LICENCE
    • (a) You grant to The Company a perpetual, irrevocable, transferable, worldwide and royalty-free licence (including the right to sublicense) to use, copy, modify, reproduce and adapt any Intellectual Property Rights in any Posted Material in order for The Company to use, exploit or otherwise enjoy the benefit of such Posted Material.
    • (b) If it is determined that you retain moral rights (including rights of attribution or integrity) in any Posted Material, you forever release The Company from any and all claims that you could assert against The Company by virtue of any such moral rights.
    • (c) You indemnify The Company against all damages, losses, costs and expenses incurred by The Company arising out of any third party claim that your Posted Material infringes any third party’s Intellectual Property Rights.
  • 4.3 REMOVAL
    • (a) The Company acts as a passive conduit for the online distribution of Posted Material and has no obligation to screen Posted Material in advance of it being posted. However, The Company may, in its absolute discretion, review and remove any Posted Material (including links to you, your profile or listings you have posted on the Platform) at any time without giving any explanation or justification for removing the Posted Material.
    • (b) You agree that you are responsible for keeping and maintaining records of Posted Material.


The Company will have no liability or obligation to you if:
  • (a) a Customer or Seller cancels at any time after the time for performance of the Listing (defined in clause 2 of Part B of this agreement) is agreed; or
  • (b) for whatever reason, including technical faults, the Goods cannot be provided, and you will not be entitled to any compensation from The Company.


  • (a) (Verification) We may offer or require Users to verify their details, using our processes or an external identity verification service as applicable (Verification Service).
  • (b) (Your personal information and privacy) We will collect your personal information in accordance with our Privacy Policy as set out in clause 16. Where a Verification Service is used, you acknowledge and agree that:
      • (i) we may contact and share your personal information with a Verification Service to verify your details; and
      (ii) you consent to us receiving, sharing and using this information to enable us to carry out Verification Services.
  • (c) (Fees) We may charge fees for Verification Services, as set out on the Platform.
  • (d) (Warranty and Indemnity) You acknowledge and agree that:
      • (i) we are reliant on the information provided by the Verification Service to verify your identity and to the extent permitted by law, we disclaim all warranties that the Verification Services will be accurate or guarantee that Verification Services will ensure you contract with a suitable User;
      • (ii) you should make your own enquiries as to other Users’ identities before engaging in contracts with those Users; and
      (iii) we do not endorse any User, Listing or Verification Service.


  • (a) Customers may rate a Listing, and Sellers may rate a Customer (each a ‘Rating’) and Users may provide feedback to other Users regarding the relevant Goods or experience with that User (Review).
  • (b) Ratings and Reviews may be able to be viewed by other Users and these may remain viewable until the relevant Account and/or Listing is removed or terminated.
  • (c) Users must provide true, fair and accurate information in their Reviews.
  • (d) If we consider that a Review is untrue, unfair, inaccurate, offensive or inappropriate, we may delete the Review or ban the relevant User from posting the Review, or future Reviews. We do not undertake to review each Review made by a User.
  • (e) To the maximum extent permitted by law, we are not responsible for the content of any Reviews.
  • (f) You must not publish Reviews for Users to which you have personal or professional relations.
  • (g) Users can only write a Review about another User if they have had a buying or selling experience with that User, which means that:
      • (i) they have purchased a product or service from that Seller;
      • (ii) they have sold a product or service to that Customer;
      • (iii) you have placed an order with the Seller;
      • (iv) you have had an order placed with you by the Customer; or
      • (v) you can otherwise document that you had a buying or selling experience with that User, including via correspondence or other interaction with the User, (collectively referred to as a Service Experience).
    (h) You must 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.
  • (i) You must 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 must not write a Review about a direct competitor to the Seller you own, are employed by or work for.
  • (j) 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.
  • (k) You are encouraged to be specific and factual in your Reviews. If you have been offered an incentive by a User to write a Review, you should include information about this in your Review. Incentives include the User offering you a gift, reward, discount or advantage for writing a Review about the User on the Platform.


The Platform is made available to you strictly on an ‘as is’ basis. Without limitation, you acknowledge and agree that The Company cannot and does not represent, warrant or guarantee that:
  • (a) the Platform will be free from errors or defects;
  • (b) the Platform will be accessible at all times;
  • (c) messages sent through the Platform will be delivered promptly, or delivered at all;
  • (d) information you receive or supply through the Platform will be secure or confidential; or
  • (e) any information provided through the Platform is accurate or true.


  • (a) The Company retains ownership of all materials developed or provided (or both, as the case may be) in connection with the Platform (including text, graphics, logos, design, icons, images, sound and video recordings, pricing, downloads and software) (Platform Content) and reserves all rights in any Intellectual Property Rights owned or licensed by it not expressly granted to you.
  • (b) You may make a temporary electronic copy of all or part of the Platform Content for the sole purpose of viewing it. You must not otherwise reproduce, transmit, adapt, distribute, sell, modify or publish the Platform Content without prior written consent from The Company or as permitted by law.
  • (c) In this clause 9, “Intellectual Property Rights” means all copyright, trade mark, design, patent, semiconductor and circuit layout rights, trade, business, company and domain names, confidential and other proprietary rights, and any other rights to registration of such rights whether created before or after the date of this agreement both in Australia and throughout the world.


The Platform may contain text, images, data and other content provided by a third party and displayed on the Platform (Third Party Content). The Company accepts no responsibility for Third Party Content and makes no representation, warranty or guarantee about the quality, suitability, accuracy, reliability, currency or completeness of Third Party Content.


  • (a) Any service that requires The Company to acquire goods and services supplied by a third party on behalf of the Customer (including a third party payment service, like Stripe.com may be subject to the terms and conditions of that third party (Third Party Terms), including ‘no refund’ policies.
  • (b) Users agree to familiarise themselves with any Third Party Terms applicable to any such goods and services and, by instructing The Company to acquire the goods or services on the User’s behalf, the User will be taken to have agreed to such Third Party Terms.


  • (a) You should direct any complaint relating to another User to that User. Users must take all reasonable steps to resolve any dispute with another User with that User.
  • (b) If any issue or problem relating to the Platform remains unresolved after directing a complaint to a relevant User, or if the complaint does not relate to another User, you must report it to The Company via [insert email address]. We will assess the complaint and attempt to quickly and satisfactorily resolve it.
  • (c) The Company reserves the right to hold funds in relation to a dispute until the dispute is resolved, either by us, the relevant parties or by a mediator or arbitrator. We reserve the right to disperse funds held by us as we see fit, including by providing a Customer a refund.
  • (d) Any costs you incur in relation to a complaint or dispute will be your responsibility.
  • (e) The Company has the option to appoint an independent mediator or arbitrator if needed. The cost of any mediator or arbitrator must be shared equally between each of the parties to the dispute.
  • (f) If you have a dispute with The Company, you agree to notify us first and enter into discussion, mediation or arbitration with us for a minimum of a 120-day period before pursuing any other proceedings.
  • (g) Notwithstanding any other provision of this clause 12, you or The Company may at any time cancel your Account or discontinue your use of the Platform.


The Company does not accept responsibility for loss or damage to computer systems, mobile phones or other electronic devices arising in connection with your use of the Platform. You should take your own precautions to ensure that the process you employ to access the Platform does not expose you to the risk of viruses, malicious computer code or other forms of interference.


  • (a) (Introduction service) The Company is a medium that facilitates the introduction of Customers and Sellers for the purposes of buying and selling Goods. The Company simply collects a service fee in consideration for providing this introduction service and does not have any obligations or liabilities to, and is not a party to any contract between, Customers and Sellers in relation to such Goods or otherwise resulting from the introduction.
  • (b) (Limitation of liability) To the maximum extent permitted by applicable law, The Company excludes completely all liability to any person for loss or damage of any kind, however arising whether in contract, tort (including negligence), statute, equity, indemnity or otherwise, arising from or relating in any way to the Platform or its use or any services provided by any Seller. This includes the transmission of any computer virus.
  • (c) (Disclaimer) All express or implied representations and warranties are, to the maximum extent permitted by applicable law, excluded. Where any law (including the Competition and Consumer Act 2010 (Cth)) implies a condition, warranty or guarantee into this agreement which may not lawfully be excluded, then to the maximum extent permitted by applicable law, The Company’s liability for breach of that non-excludable condition, warranty or guarantee will, at our option, be limited to:
    (i) in the case of goods, their replacement or the supply of equivalent goods or their repair; and (ii) in the case of services, the supply of the services again, or the payment of the cost of having them supplied again.
  • (d) (Indemnity) You agree to indemnify The Company and its employees and agents in respect of all liability for loss, damage or injury which may be suffered by any person arising from you or your representatives’:
    (i) breach of any term of this agreement; (ii) use of the Platform; or (iii) your provision or receipt of Goods from another User.
  • (e) (Consequential loss) To the maximum extent permitted by law, under no circumstances will The Company be liable for any incidental, special or consequential loss or damages, or damages for loss of data, business or business opportunity, goodwill, anticipated savings, profits or revenue arising under or in connection with the Platform, this agreement or their subject matter, or any services provided by any Seller (except to the extent this liability cannot be excluded under the Competition and Consumer Act 2010 (Cth)).


You agree that:
  • (a) no information owned by The Company, including system operations, documents, marketing strategies, staff information and client information, may be disclosed or made available to any third parties; and
  • (b) all communications involving the details of other users on this Platform and of the Seller are confidential, and must be kept as such by you and must not be distributed nor disclosed to any third party.


You agree to be bound by the clauses outlined in The Company’s Privacy Policy, which can be accessed here https://luxecarsales.com.au/privacy-policy/.


If you are accessing the Services from the Apple, Inc. (Apple) iOS Store, you acknowledge and agree:
  • (a) this agreement is are between you and The Company and not with Apple. Apple is not responsible for the Services or any content available on the Services;
  • (b) Apple has no obligation whatsoever to furnish any maintenance and support services for the Services;
  • (c) in the event of any failure of The Company to conform to any applicable warranty, you may notify Apple, and Apple will refund the price for the Services. To the maximum extent permitted by applicable law, Apple will have no other warranty obligation whatsoever with respect to the Services, and any other claims, losses, liabilities, damages, costs of expenses attributable to any failure to conform to any warranty will be The Company’s responsibility;
  • (d) Apple is not responsible for addressing any claims by you or any third party relating to the Services, including, but not limited to:
    (i) product liability claims; (ii) any claim that the Services fails to conform to any applicable legal or regulatory requirement; and (iii) claims arising under consumer protection, privacy, or similar legislation;
  • (e) in the event of any third party claim that the Services or your use of the Services infringes any third party’s intellectual property rights, Apple will not be responsible for the investigation, defence, settlement and discharge of any such claim;
  • (f) that you represent and warrant that:
    (i) you are not located in a country that is subject to a U.S. Government embargo, or that has been designated by the U.S. Government as a “terrorist supporting’” country; and (ii) you are not listed on any U.S. Government list of prohibited or restricted parties;
  • (g) you must comply with applicable third party terms of this agreement when using the Services; and
  • (h) Apple, and Apple’s subsidiaries, are third party beneficiaries of this agreement, and that, upon your acceptance of this agreement, Apple will have the right (and will be deemed to have accepted the right) to enforce this agreement against you as a third party beneficiary.


  • (a) The Company reserves the right to terminate a User’s access to any or all of the Platform (including any Account, Listings and other memberships) at any time without notice, for any reason.
  • (b) In the event that a User’s Account, access or membership is terminated:
    (i) the User’s access to all posting tools on the Platform will be revoked; (ii) the User will be unable to view the details of all other Users (including contact details, geographic details, any other personal details and service listings or requests); and (iii) the User may be unable to view the details of all Sellers (including contact details, geographic details and any other details), and all Listings previously posted by the respective User will also be removed from the Platform.
  • (c) Users may terminate their Account or membership on the Platform at any time by using the Platform’s functionality where such functionality is available. Where such functionality is not available, The Company will effect such termination within a reasonable time after receiving written notice from the User.
  • (d) Notwithstanding termination or expiry of your Account or membership or this agreement, the provisions of Part A and any other provision which by its nature would reasonably be expected to be complied with after termination or expiry, will continue to apply.

19 TAX

You are responsible for the collection and remission of all taxes associated with the goods or services you provide or receive or any transactions through your use of the Platform, and The Company will not be held accountable in relation to any transactions between Customers and Sellers where tax related misconduct has occurred.


To the extent permitted by law, The Company reserves the right to keep all records of any and all transactions and communications made through this Platform between you and other Users (including conversations, user posts, job request bids, comments, feedback, cookies, and I.P. address information) for administration purposes and also holds the right to produce these records in the event of any legal dispute involving The Company.


A notice or other communication to a party under this agreement must be:
  • (a) in writing and in English; and
  • (b) delivered via email to the other party, to the email address specified in this agreement, or if no email address is specified in this agreement, then the email address most regularly used by the parties to correspond for the purposes of the subject matter of this agreement as at the date of this agreement (Email Address). The parties may update their Email Address by notice to the other party.
  • (c) Unless the party sending the notice knows or reasonably ought to suspect that an email was not delivered to the other party’s Email Address, notice will be taken to be given:
    (i) 24 hours after the email was sent, unless that falls on a Saturday, Sunday or a public holiday in the state or territory whose laws govern this agreement, in which case the notice will be taken to be given on the next occurring business day in that state or territory; or (ii) when replied to by the other party, whichever is earlier.


  • 22.1 GOVERNING LAW AND JURISDICTION This agreement is governed by the law applying in New South Wales, Australia. Each party irrevocably submits to the exclusive jurisdiction of the courts of New South Wales, Australia and courts of appeal from them in respect of any proceedings arising out of or in connection with this agreement. Each party irrevocably waives any objection to the venue of any legal process on the basis that the process has been brought in an inconvenient forum.
  • 22.2 WAIVER No party to this agreement may rely on the words or conduct of any other party as a waiver of any right unless the waiver is in writing and signed by the party granting the waiver.
  • 22.3 SEVERANCE Any term of this agreement which is wholly or partially void or unenforceable is severed to the extent that it is void or unenforceable. The validity and enforceability of the remainder of this agreement is not limited or otherwise affected.
  • 22.4 JOINT AND SEVERAL LIABILITY An obligation or a liability assumed by, or a right conferred on, two or more persons binds or benefits them jointly and severally.
  • 22.5 ASSIGNMENT A party cannot assign, novate or otherwise transfer any of its rights or obligations under this agreement without the prior written consent of the other party.
  • 22.6 COSTS Except as otherwise provided in this agreement, each party must pay its own costs and expenses in connection with negotiating, preparing, executing and performing this agreement.
  • 22.7 ENTIRE AGREEMENT This agreement embodies the entire agreement between the parties and supersedes any prior negotiation, conduct, arrangement, understanding or agreement, express or implied, in relation to the subject matter of this agreement.
    (a) (singular and plural) words in the singular includes the plural (and vice versa); (b) (gender) words indicating a gender includes the corresponding words of any other gender; (c) (defined terms) if a word or phrase is given a defined meaning, any other part of speech or grammatical form of that word or phrase has a corresponding meaning; (d) (person) a reference to “person” or “you” includes an individual, the estate of an individual, a corporation, an authority, an association, consortium or joint venture (whether incorporated or unincorporated), a partnership, a trust and any other entity; (e) (party) a reference to a party includes that party’s executors, administrators, successors and permitted assigns, including persons taking by way of novation and, in the case of a trustee, includes any substituted or additional trustee; (f) (this agreement) a reference to a party, clause, paragraph, schedule, exhibit, attachment or annexure is a reference to a party, clause, paragraph, schedule, exhibit, attachment or annexure to or of this agreement, and a reference to this agreement includes all schedules, exhibits, attachments and annexures to it; (g) (document) a reference to a document (including this agreement) is to that document as varied, novated, ratified or replaced from time to time; (h) (headings) headings and words in bold type are for convenience only and do not affect interpretation; (i) (includes) the word “includes” and similar words in any form is not a word of limitation; (j) (adverse interpretation) no provision of this agreement will be interpreted adversely to a party because that party was responsible for the preparation of this agreement or that provision; and (k) (currency) a reference to $, or “dollar”, is to Australia currency, unless otherwise agreed in writing.

Part B Sellers


You must verify that any Customer is over 18 years old or has their parent or guardian’s consent to use the Platform.


You acknowledge and agree that:
  • (a) you must use your best endeavours to provide as much information as possible in any listing you upload to offer to provide Goods via the Platform (Listing);
  • (b) The Company may choose not to accept any Listing you submit to the Platform, and The Company may limit the number of Listings you can submit on the Platform;
  • (c) you must take all reasonable steps to provide the Goods as described in every Listing that is accepted by a Customer, including by not cancelling any part of an accepted Listing;
  • (d) you must deal with any dispute with a Customer in accordance with clause 12 of Part A;
  • (e) any additional terms and conditions relating to a Listing provided via the Platform are solely between you and the Customer and do not involve The Company in any way, except that they must not be inconsistent with either party’s obligations under this agreement; and
  • (f) The Company will have no responsibility for the accuracy, reliability or timeliness of the content provided by a Customer responding to a Listing, and the Seller must take steps to independently verify the accuracy and reliability of such content.


  • (a) Viewing the Platform and creating an Account is free.
  • (b) The Company reserves the right to charge a fee to create a Listing which may, depending on the nature of the Sellers business or otherwise in The Company’s sole discretion be in the form of:
    (i) A fee per Listing; or (ii) A monthly fee for a set number of Listings in that month, (Listing Fee).
  • (c) When you post a Listing to the Platform, you will be prompted to pay the Listing Fee to The Company via the Third Party Payment Platform (defined in Part C of this agreement).
  • (d) The Company reserves the right to change or waive the Listing Fee at any time by updating this agreement on the Platform.
  • (e) You will be required to use a Third Party Payment Platform in making any payments via the Platform (Third Party Payment Platform), and you warrant that you have read, understood and agree to be bound by Stripe.com’s terms at https://stripe.com/au/legal or the terms of use of other third party payment portals or other payment methods from time to time, that will be available on the Stripe website and other payment portal websites.


  • (a) We may offer from time to time the option to promote a Listing on the Platform (Promotion) for an additional fee (Promotion Fee).
  • (b) If you elect to use the Promotion service, then The Company will promote your Listing in accordance with that promotion package.
  • (c) The Company makes no warranties or guarantee of additional sales, traffic, or engagement with your Listing.


    • (a) Without limiting or otherwise affecting the terms of this agreement, if you wish to cancel a Listing before you have fulfilled the requirements of the Listing that a Customer has agreed to, you must contact us using the Platform’s functionality, including providing details as to why you are cancelling. If The Company decides to investigate your request, you must provide assistance and information to The Company as reasonably requested.
    • (b) Without limiting clause 4(c), if we accept your request to cancel a Listing we may cancel your Account or membership with The Company.
(c) The Listing Fee is by default non-refundable for change of mind. However, The Company may, in its absolute discretion, issue refunds of the Listing Fee in certain circumstances.
  • (d) You agree to honour and comply with the process set out in this clause 4 in the event of a pricing error on the Platform.
  • (e) Nothing in this agreement is intended to limit your rights under the Competition and Consumer Act 2010 (Cth).


  • (a) You agree that while you are a Seller on the Platform, regardless of the reason that your Account was suspended or cancelled, you will not, either directly or indirectly, solicit or attempt to solicit any business, work, income or other benefit, from any Customer whom you came to know about, or with whom you provided goods or services to directly or indirectly, by using the Platform. This provision will apply whether or not the Customer or their representative is still active on the Platform.
  • (b) The Company may, in its absolute discretion, cancel your Account and suspend you from using the Platform if it finds or suspects that you have breached or are in breach of this clause 5.


You agree that when a Customer accepts a Listing, this constitutes a binding contract between you and that Customer, where you will provide the Customer with the Goods in the Listing they accepted in exchange for your receipt of the Listed Price. A contract is formed in this respect when the Customer responds to the Listing on the Platform confirming that they accept the Seller’s offer.


By listing yourself as a Seller on the Platform and posting a Listing, you represent and warrant that:
  • (a) you are able to provide the Goods as specified in the Listing; and
  • (b) you will provide the relevant Goods to Customers in compliance with all applicable laws.

Part C Customers


You acknowledge and agree that:
  • (a) if you accept a Listing, that will constitute your entry into a contract with the Seller;
  • (b) any terms and conditions relating to Goods or a quote provided via the Platform are solely between you and the Seller and do not involve The Company in any way, except that they must not be inconsistent with either party’s obligations under this agreement.


  • (a) (Payment obligations) Unless otherwise agreed in writing with the Seller you must pay for all Goods specified in a Listing prior to the Seller providing those Goods. All payments for the Goods are to be between you and the Seller, and you acknowledge and agree that The Company has no involvement in the payment process.
  • (b) (Release) You agree to release The Company and its employees and agents in respect of all liability for loss, damage or injury which may be suffered by any person arising from any act or omission of the Seller.


  • (a) The Company will have no liability or obligation to you if a Seller cancels a Listing at any time after you have accepted it and you will not be entitled to any compensation from The Company, including any portion of the Service Fee.
  • (b) If you wish to cancel a Good before the Seller has fulfilled the requirements specified in the relevant Listing, you must contact the Seller. If The Company decides to investigate your cancellation, you must provide assistance and information to The Company as reasonably requested.


You acknowledge and agree that:
  • (a) the Platform provides links and introductions to Sellers owned and operated by third parties that are not under the control of The Company;
  • (b) the provision by The Company of introductions to Sellers does not imply any endorsement or recommendation by The Company of any Seller;
  • (c) The Company does not examine, determine or warrant the certification and/or licensing, competence, solvency or information of any Seller who uses or is listed on the Platform; and
  • (d) any terms and conditions relating to a good or service, Listing or quote provided via the Platform constitute a contract between you and the Seller and do not involve The Company in any way.


  • (a) You must not communicate with a Seller, or request or entice a Seller to communicate with you, outside the Platform (except in the course of accepting the Seller’s goods).
  • (b) The Company, in its absolute discretion, may cancel your Account and suspend you from using the Platform if it finds or suspects that you have breached or are in breach of this clause 5.