1 Overview
1.1 Lasertrade International Trading Pty Ltd ACN 643 006 768 (we, us, our, Lasertrade) operates an online marketplace with domain address https://lasertrade.com.au/ (Platform) on which customers (you, your, Buyers) can buy products from our registered sellers (Seller). These Terms and Conditions (Terms and Conditions) constitute an agreement between Lasertrade and you for the purpose of your use of the Platform and any pages embedded within the Platform from time to time. These are the Buyer Terms and Conditions and apply to Buyers only.
1.2 If you are a Seller, please access our Seller Terms and Conditions at https://help.lasertrade.com.au/buyer-terms-and-conditions.
1.3 Some of the key features of our Platform include:
(a) Search and find Sellers listings on the Platform;
(b) Ask questions and make product price offers directly to Sellers;
(c) Order and purchase products listed for sale by Sellers on the Platform;
(d) Receive notifications regarding your purchases;
(e) Pay for your orders;
(f) Where available, facilitating secure financing options by way of finance providers such as (but not limited to) Zip Pay.
1.4 We reserve the right to update, modify, replace, limit, and expand the Platform and its functionality.
1.5 You should read these Terms and Conditions carefully prior to using the Platform.
2 Acceptance of Terms and Conditions
2.1 These Terms and Conditions record an agreement between you and us for the purpose of you browsing or using the Platform.
2.2 By using the Platform, you are accepting these Terms and Conditions and agree to be bound by them. You also agree to be bound by any additional policies or Platform pages referred in this agreement, including without limitation, our Privacy Policy, Brokerage Terms and Conditions and our Referral Program Terms and Conditions of which are incorporated into these Terms and Conditions.
2.3 You may not use the Platform if you are incapable of entering legally binding contracts, are under the age of 18 or are suspended from using the Platform.
2.4 We reserve the right to make changes to these Terms and Conditions from time to time without notice.
2.5 In the case of an inconsistency, these Terms and Conditions shall prevail over any other terms and conditions, or policies referred to or incorporated into this agreement.
3 Marketplace Only
3.1 The Platform provides a marketplace through which you can buy products from Sellers (Transaction). Our involvement in the Transaction is limited to that of a facilitator to the Transaction in consideration of which we charge relevant Sellers a commission payment. We are not and do not purport to be a Seller, guarantor, or otherwise a contractual party to the Transaction. We are in no way responsible for completion of the Sellers obligations and by transacting with the Seller you assume all legal and transaction risk in dealing with the Seller.
3.2 Our involvement in the Transaction is limited to the following capacity:
(a) Connecting you with the Seller via our Platform;
(b) Facilitating the Transaction by allowing the Seller to sell and you to buy a product through the Platform; and
(c) Collecting payment from you and remitting it to the Seller.
3.3 When you buy a product from a Seller through the Platform, you are entering into a legally binding contract with the Seller. We are not a party to this contract and are not responsible for the performance of you or the Sellers obligations under this contract.
3.4 Sellers may have their own terms and conditions for the products they have listed for sale on the Platform. When this is the case, your purchase is subject to the Sellers terms and conditions, which you should review carefully before finalising a Transaction.
3.5 In some cases, individual Sellers may not have written terms and conditions for the products they are selling on the Platform. Where this is the case, your purchase is subject to terms and conditions implied at law (but only to the extent that such implied terms are not expressly and lawfully excluded by the Seller). Please make yourself aware of such implied terms before finalising a Transaction.
3.6 By using the Platform, you fully release and discharge us from any claims, actions, demands or proceedings which may arise from a Transaction. You agree that we are in no way liable for any obligation arising from a Transaction, including but not limited to:
(a) Delivery or performance of a product;
(b) The quality or standard of a product;
(c) Reimbursement, compensation, or damages arising from a product;
(d) Product warranties provided by the Seller; or
(e) Product warranties and obligations placed on the Seller of a product under a relevant law.
3.7 For the avoidance of doubt, we are not, nor do we purport to be, in relation to any Transaction:
(a) A Seller;
(b) The merchant of record; or
(c) A party to the contract applying to the Transaction.
3.8 You acknowledge that we are entitled to a commission payment on each Transaction, which is levied against the Seller.
4 Use
4.1 To be eligible to purchase products through the Platform, you must register for an account in accordance with this clause.
4.2 To register an account and / or place an order, you may be required to provide (among other things):
(a) Your details, including:
(i) Full name;
(ii) Residential address (Post office boxes or addresses of office service providers are not permitted); and
(iii) To the extent applicable, company name, ACN, business name, or ABN.
(b) Valid contact details including;
(i) An email address; and
(ii) A telephone number (value-added service numbers are not permitted).
(c) A valid Australian credit card number or bank account for payment purposes;
(d) A name and address for delivery purposes; and
(e) Any other additional information reasonably required to complete the registration or ordering process,
(Client Data).
What constitutes Client Data may vary from time to time, noting that we may require additional information to that set out above.
4.3 You may choose to register an account with us by utilising your Gmail or Meta account details, to which also form part of the Client Data and may be subject to separate terms and conditions.
4.4 Where you do not register an account on the Platform in accordance with clause 4.3, you will be required to choose a password for your account, which forms part of the Client Data. You agree to keep all emails, passwords, IP addresses, and computer names strictly confidential, and you are solely responsible for any liability or damages resulting from your failure to maintain confidentiality of such information. You are solely responsible and liable for all activities originating on your account or IP address. If you believe that unauthorised activity has taken place on your account, you must immediately notify us of any such unauthorised activity.
4.5 Failure to supply correct Client Data may result in us being unable to process or comply with your order, and / or may limit your access to the Platform.
4.6 We reserve the right to decline your registration request if you do not comply with our registration requirements as detailed in these Terms and Conditions and on the Platform.
4.7 You may only create one (1) account profile with us, and any further accounts created by you and in breach of this term may result in automatic termination of all accounts.
4.8 We may require you to undertake a user account certification process to ensure that all Client Data provided is accurate, through which the following details may be requested:
(a) Information to substantiate and confirm your billing and payment details;
(b) Providing us with copies of your personal identification documents, including, without limitation, a copy of your driver’s licence;
(c) Other information reasonably requested by us or our third party service provider Stripe to assist with the process.
(User Account Certification Process)
4.9 We may at our discretion and without notice to you, limit your access to the Platform or suspend or terminate your account for failing to abide by the User Account Certification Process.
4.10 You agree to permit us to use your Client Data for the purpose of processing or complying with your order and providing the functionality of the Platform and any related purpose. You acknowledge that in order to do so, we may share the Client Data with other parties, including Sellers, financiers, stakeholders and suppliers.
4.11 After placing an order on the Platform, you will receive an email from us acknowledging that we have received your order. Please note that this does not mean that an order has been accepted.
4.12 An order will relate only to the product the subject of each individual Transaction. Each Transaction that we facilitate results in a separate binding agreement between you and the relevant Seller for the supply of a product.
4.13 You agree to use the Platform for its intended purpose. You must not use the Platform for any illegal or unauthorised purpose, including the transmission of malware. You must not use the Platform to distribute viruses or any other technologies that may harm us or the interests or property of our users.
4.14 You must not use the Platform to violate any laws, including but not limited to copyright laws. You must not copy, modify or distribute rights or content from our copyrights and trademarks.
4.15 You must not use the Platform for any unconscionable behaviour or activity, including but not limited to:
(a) Engaging in abusive, derogatory, discriminatory, or vexatious behaviour;
(b) Posting false, inaccurate, misleading, defamatory or offensive content (including personal information);
(c) Distributing or posting spam, unsolicited or bulk electronic communications, chain letters or pyramid schemes;
(d) Harvesting or otherwise collecting information about users, including email addresses, without their consent;
(e) Transferring your account with us or your account ID to another party or account without our express written consent;
(f) Request for or take part in any communication with any Seller relating to the enquiry or purchase of products outside of the Platform;
(g) Undertake a competitive analysis of the Platform (including copying and/or providing screen shots of the Platform or listed products, including our copyrighted material, where applicable);
(h) Undertake data mining or scraping of the Platform or any subject that falls within our Intellectual Property Rights (as defined in clause 17.1) through the use of robots, spiders, or otherwise;
(i) Engaging in any activity that disrupts or corrupts the Platform or the networks that host the Platform; or
(j) Attempting to hack, reverse-engineer, disable, circumvent, or otherwise gain access to any security, database, or other secure aspect of the Platform.
4.16 You must not interfere with another Platform user’s attempt to either purchase or sell a product. Users are not permitted to contact Buyers in an open or completed Transaction to warn them away from a Seller or product.
4.17 You are responsible for maintaining the security of your login and account information (including the password). We are not liable for any loss or damage from your failure to comply with this security obligation.
4.18 You agree that you will notify us immediately of any known or suspected unauthorised use, breach of security, or violation of these Terms and Conditions, on or relating to the Platform.
4.19 You are responsible for all activities that occur on your account, and we will not be liable for any loss or damage from activities on your account.
4.20 All Client Data will be stored and maintained by or on behalf of us in accordance with relevant law.
4.21 We may from time to time email you regarding our Platform or third party products or services that may be of interest to you. The emails may contain code that enables our database to track your usage of the emails, including whether the email was opened and / or what links (if any) were clicked. We may use this information to improve the functionality of the Platform and to improve the Service for you.
4.22 Our use of any information provided within the Client Data will be in accordance with our Privacy Policy available at https://lasertrade.com.au/privacy-policy/.
5 Safe Payment Process
5.1 You must follow the below process when ordering products through the Platform (Safe Payment Process):
(a) Upon registering your account and adding a product to your cart, a shipping quote may appear at checkout prior to processing of Transaction. You will otherwise be provided with further shipping quotes after placing an order on the Platform for your review and selection;
(b) You will then be prompted to pay an initial deposit of AUD$99.00 via the Platform (Initial Deposit). The Initial Deposit must be paid within five (5) days of placing an order on the Platform;
(c) Upon payment of the Initial Deposit, the Seller will undertake a virtual inspection of the product being purchased with you;
(d) You will be provided with a report from the Seller for your review and acceptance. You must either accept or reject the Seller supplied report within five (5) days of the recorded send date (determined by us in the case of any ambiguity);
(e) Upon confirmation that you are satisfied with the inspected product, the Transaction will proceed and the balance of the payment (including finalised cost of delivery (where applicable)), minus the Initial Deposit will be due. You will be required to pay the remaining amount via the Platform into a secure holding account. The remaining amount due must be paid within five (5) days of accepting the report. The payment will be released to the Seller once the purchased product has been delivered and accepted by you, as per the following subclause;
(f) Upon receiving the product, you have three (3) business days to review and confirm that the product is as advertised and in a good working condition. If there is a product issue identified by you within this three (3) day period from delivery date and a claim is validated in accordance with our terms, you may qualify for a return, refund or rectification of defect, subject to our terms.
5.2 You acknowledge that the shipping quote initially provided in accordance with clause 5.1(a) is merely a quote and is subject to change. The cost of delivery cannot be guaranteed and may fluctuate during the Safe Payment Process. You will be informed of any changes in estimated delivery cost as soon as reasonably possible.
5.3 You may only reject a delivered product if:
(a) the condition of the product is materially different from the remote inspection provided; or
(b) if the received product is materially different to that advertised on the Platform, as determined by us in our sole discretion.
5.4 Where you reject a product that has already been delivered, you will be responsible for all associated return shipping fees, which will be deducted from the total amount refunded to you in accordance with these terms. Rejected products must be returned in the same condition they were received in and immediately upon conclusion of the three (3) business day period granted in clause 5.1(f). All returns must be undertaken by a sensitive freight courier of our choosing, with all applicable insurances added at our discretion. You must not attempt to return any product by any other means other than as described in this clause 5.4. You may otherwise be subject to pay additional fees for non-compliance, including without limitation all fees associated with product damage and rectification.
5.5 You agree to notify us within one (1) day of you becoming aware of any reason (outside of your control) why you are unable to proceed with a Transaction.
5.6 We will generate a sales invoice for you on behalf of the Seller’s, detailing the Transaction.
5.7 The Safe Payment Process may change from time to time at our complete discretion.
6 Accepting or Declining a Transaction
6.1 We reserve the right to accept or decline to process any Transaction initiated on the Platform for any reason, including if the requested product is not available or if there is an error in the price or the product description posted on the Platform.
6.2 If we decline to process a Transaction, we will endeavour to notify you at the time you place an order or within two (2) business days after you submit an order.
6.3 If we decline to process a Transaction, to the extent that we have received funds from you, a full refund, less any applicable credits or discounts, will be made within 10 business days.
7 Third party payment service
7.1 The Platform uses a third-party service provider for facilitation of Transactions between you and the Seller and is not liable for any issues, including charges from your financial institution, which may arise as a result of this service.
7.2 We use Stripe to process payments on the Platform. Payments submitted through the Stripe payment processing service are subject to Stripe’s terms and conditions which can be viewed at https://stripe.com/au.
7.3 From time to time, we may use a payment service provider other than Stripe in which case payment will be subject to the relevant payment service provider’s terms and conditions.
8 Price & Payment
8.1 By accepting these Terms and Conditions you authorise us or any third-party service provider to debit your account at the relevant financial institution connected with the payment details identified and provided in your Client Data.
8.2 All prices listed on the Platform are in Australian Dollars and exclusive of GST. Charges associated with delivery of orders will be calculated in accordance with the Safe Payment Process described in clause 5 and will form part of the price of the Transaction.
8.3 Payment of all products must be made by credit card, debit card or direct debit or any other payment method available on the online checkout page of the Platform. We may modify the scope of payment methods available to Buyers at our sole discretion.
8.4 When you enter into a Transaction on the Platform and subject to fulfilment of the Safe Payment Process, payment for the Transaction will be accepted and processed by us or our nominated third party payment processor, and the order will be sent to the Seller at which point they may either accept and confirm the order or reject the order. The Seller will accept or reject the order at their own discretion, and we assume no liability and make no warranty or guarantee that the order will be accepted by the Seller.
8.5 Orders will be charged to your nominated payment method.
8.6 It is your responsibility to ensure that the payment details provided are accurate, complete and up to date.
8.7 You acknowledge that you have authority to utilise the nominated payment details for the purpose of entering into any Transaction.
8.8 It is your responsibility to ensure that there are sufficient cleared funds or financial capacity in the nominated account or means of payment to honour the Transaction when it falls due.
8.9 We will not be held responsible for any fees and charges imposed by your financial institution or any other third party that may be incurred if there are insufficient funds in your account or the payment fails due to payment details being inaccurate.
8.10 Payments will be processed in accordance with the Safe Payment Process.
8.11 From time to time and as subject to such option being available on the Platform, where you have elected to pay for a Transaction with a third party financier, we may accept payment from certain third party financiers, which may include, without limitation, Zip Pay (Financier). When payment is being made with a Financier, the payment is subject to the relevant terms and conditions of that Financier. We are in no way providing or purporting to provide such finance to you or to any party. We accept no liability, and you release and discharge us from and indemnify us against any loss, damage, claim or action otherwise relating to payment made through a Financier.
8.12 Where an order is accepted by the Seller, confirmation will be sent to the email address supplied in your Client Data and applicable payment will be remitted to the Seller in accordance with our Safe Payment Process.
8.13 Where an order is rejected by the Seller, notice of this will be sent to the email address supplied in your Client Data.
8.14 All orders placed are final and you cannot change or cancel your order, unless such change or cancellation is otherwise required by law or allowed for in these Terms and Conditions.
8.15 We will issue you a GST compliant invoice on behalf of the Seller.
8.16 If the Seller cancels an order that has already been processed, or otherwise fails to deliver your order whether in full or in part, you agree that any complaint, demand for refund or remedy, legal action, or action otherwise is to be taken against the Seller directly and you fully release and discharge us from any such action. To the maximum extent permitted by law, we will not be liable to you for any loss, whether liquidated or otherwise, associated with you entering into a Transaction with a Seller.
8.17 You are responsible for all applicable taxes, costs, hardware, software, services and all other costs and expenses related to your ability to access or use the Platform. We reserve the right to deduct any outstanding amounts owed by you to us from your payment details provided as part of your Client Data.
8.18 We reserve the right to make changes to any applicable fees due pursuant to these Terms and Conditions and as noted on our Pricing Page, from time to time and without notice to you.
8.19 We accept no responsibility for transactions entered into outside of the marketplace, even in circumstances where you became aware of the Seller via the Platform.
8.20 If we are made aware of documented fraud relating to a Buyer or Seller utilising our Platform, you agree that if we are able to reclaim a product on your behalf, you are obligated to accept a return of the product and shall remit back to us any monies paid to you. If you do not cooperate with our instructions, we shall be authorised, at our sole discretion, to either hold the product on your behalf and deduct any portion of the purchase price you have not returned to us from any other amounts owed to you by us, or to resell the product to another Buyer to recoup our losses. We reserve the right to recover from any Buyer or Seller all damages resulting from breaches of these Terms and Conditions.
8.21 In the event that we suspect the existence of a fraud account:
(a) We reserve the right to investigate all accounts where we suspect incorrect or fraudulent activity occurred.
(b) We reserve the right to terminate your order following the investigation.
9 Products
9.1 Products displayed on the Platform are listed for sale by the relevant Seller. You agree that to the extent permitted by law, we will not be held responsible for inaccuracies or errors pertaining to products listed by a Seller, including but not limited to:
(a) Price;
(b) Availability;
(c) Functionality; or
(d) Quality or suitability.
9.2 You acknowledge and understand that we are not acting as Seller and accept no responsibilities placed on Sellers under the law or otherwise.
9.3 You agree that you will make your own enquiries to assess the suitability of a product listed prior to entering into a Transaction to purchase or pay for the product.
9.4 You agree and accept that we make no warranty or guarantee as to the functionality, quality or suitability of a product listed on the Platform by a Seller.
9.5 We do not take ownership of the products listed on the Platform at any time, unless we state otherwise. We do not transfer legal ownership of any products from the Seller to you and the Transaction is solely between you and the Seller.
9.6 You agree that a listing on the Platform for a product does not constitute an offer to sell or provide that product and is merely information published on the Platform advertising the product.
10 Delivery and Performance
10.1 The Seller is responsible for the delivery of a product of which is the subject of a Transaction. We are not responsible and accept no responsibility for the delivery of a product listed on our Platform.
10.2 Delivery timeframes will be provided where possible. Where delivery timeframes are provided, these are estimates only and we make no guarantee or warranty as to the accuracy of this time frame. Delivery dates may vary and may be subject to delay.
10.3 You are responsible for confirming the fees associated with delivery with the Seller and the sensitive freight courier prior to processing your order. You are not entitled to a refund after an order has been fully processed in accordance with the Safe Payment Process if you are unhappy with the delivery charges. You may be subject to additional courier and delivery charges where, without limitation, delivery to you has failed, an incorrect delivery address was provided by you or redelivery is required for any reason whatsoever.
10.4 The cost of product delivery is subject to change in accordance with the Safe Payment Process.
11 Refunds and Returns
11.1 Notwithstanding any other provision of these Terms and Conditions, we are in no way required to refund any money spent in a Transaction.
11.2 Sellers will have their own policies and procedures in relation to returns. We make no guarantee and do not warrant in any way the policies and procedures of individual Sellers in relation to returns. Where you wish to return an item, we are under no obligation to help facilitate that return.
11.3 To the extent required by law, products listed for sale on the Platform may come with guarantees that cannot be excluded under Australian Consumer Law. Any claims under Australian Consumer Law with respect to a product or service are against the Seller only and you agree and fully release and discharge us from any liability, claim, or action against the supply or delivery of a product under Australian Consumer Law.
11.4 Products you purchase from Sellers on the Platform may come with warranty documents. Any such warranty is provided by the Seller, manufacturer, distributor or other relevant responsible entity as the case may be, and is not given by us.
12 Termination
12.1 We may at our discretion terminate these Terms and Conditions, cancel your registration, or cease providing you access to the Platform if:
(a) You breach any of these Terms and Conditions; or
(b) You breach the terms and conditions of a Seller.
12.2 We may at our discretion terminate your account if it has been unconfirmed or inactive for an extended period of time.
12.3 We may, without notice to you and in our sole discretion, issue you a warning, restrict your activities through our Platform (including but not limited to buying, selling (in the case you choose to sell products in accordance with our Seller Terms and Conditions) and posting activities), temporarily suspend, indefinitely suspend or terminate your account and refuse to provide our services to you, or require you to pay additional fees if:
(a) You have breached these Terms and Conditions in any way, including any policies or terms and conditions referred to in this agreement;
(b) You have breached the Safe Payment Process;
(c) We are unable to verify or authenticate any information you provide to us;
(d) We believe that your actions may cause loss or damage to or otherwise unlawfully harm you, our Platform users, third parties or us, our related bodies corporate or affiliates, our directors, employees or agents; or
(e) If we reasonably believe that any of your information (which includes a product listed on the Platform) is inappropriate or of an offensive nature.
12.4 We are not required to disclose any details to you of any investigation undertaken in relation to your account or your conduct as Buyer on the Platform, or the reasoning behind any termination, where applicable.
12.5 Where your account is terminated in accordance with clause 12, you will no longer have access to any data or information you had previously created, maintained, managed, or stored on the Platform or on our systems. We are under no obligation to maintain any such data or information in relation to you or your account, nor to provide any such information to you.
12.6 You may terminate these Terms and Conditions by ceasing to use the Platform. Each time you use the Platform these Terms and Conditions apply continuously and anew.
13 Disclaimer and Limitation of Liability
13.1 While we have taken reasonable steps to ensure the accuracy, currency, availability and completeness of the information contained on the Platform, that information is provided in good faith and on an “as is” and “as available” basis and we do not make any representation or warranty of any kind, whether express or implied, as to the reliability of the information.
13.2 We make no warranties, representations or conditions of any kind, express, statutory or implied as to:
(a) The operation and functionality of the Platform;
(b) The accuracy, integrity, completeness, quality, legality, usefulness, safety and Intellectual Property Rights (as defined in clause 17.1) of any of the Platform content; and/or
(c) The products associated with the Platform or their content. We further disclaim all warranties, express, statutory or implied, including, but not limited to, implied warranties of merchantability, merchantable quality, durability, fitness for a particular purpose and/or non-infringement. No advice or information, whether oral or written, that you obtain from us shall create any warranty, representation or condition not expressly stated herein.
13.3 We may offer Sellers the choice of utilising catalogues of stock images, descriptions and product specifications to assist with their product listings on the Platform (Catalogues). Such Catalogues may be provided by third parties. We make no warranties, representations or conditions of any kind as to the accuracy or suitability of a Sellers product in comparison to their selection of Catalogue. Any such dispute relating to this must be resolved between Buyer and Seller and you agree that we are not party to any such dispute. While we try to offer reliable data, we cannot guarantee that the Catalogues will always be accurate and up-to-date, and you agree not to hold our Catalogue content providers or us responsible for inaccuracies in Catalogues.
13.4 To the extent permitted by law, we do not represent or warrant that the Platform will be available at all times, that access will be uninterrupted, that there will be no delays, failures, errors or omissions or loss of transmitted information, that no viruses or other contaminating or destructive properties will be transmitted, or that no damage will occur to your computer system.
13.5 You must take your own precautions to ensure that the process which you employ for accessing the Platform does not expose you to the risk of viruses, malicious computer code or other forms of interference which may damage your computer system or any other computer system.
13.6 Whilst we strive to protect information transferred over the Platform, we do not warrant and cannot ensure the security of any information which you transmit to us. Accordingly, any information which you transmit to us is transmitted at your own risk. Nevertheless, once we receive your transmission, we will take reasonable steps to preserve the security of such information.
13.7 We do not accept responsibility for any loss or damage, however caused (including through negligence), which you may directly or indirectly suffer in connection with your use of, attempted use of, or inability to use the Platform or any linked website, nor do we accept any responsibility for any such loss arising out of your use of or reliance on information contained on or accessed through the Platform.
13.8 If you have a dispute with a Seller or another Buyer on the Platform, you release us (and our officers, directors, agents, subsidiaries, joint ventures and employees) from claims, demands and damages (actual and consequential) of every kind and nature, known and unknown, arising out of or in any way connected with such disputes.
13.9 We disclaim all liability for any, and to the extent permitted by law under no circumstances will we be liable for any:
(a) Indirect, special, incidental, punitive, exemplary, reliance or consequential damages;
(b) Loss of profits, loss of contract, or loss of business opportunity;
(c) Loss or damage to reputation of you or any third party;
(d) Loss of information or data; or
(e) Any loss or damage,
arising out of your use of the Platform or in connection with these Terms and Conditions.
13.10 Our maximum aggregate liability to you for any claims, damages, injuries or causes whatsoever, and regardless of the form of action (whether such liability arises due to negligence, breach of contract, misrepresentation or for any other reason), will at all times be limited to the greater of
(i) the amount paid, if any, by you on the Platform in the 2 months prior to the action giving rise to liability or,
(ii) $1.00.
13.11 This clause survives the termination or expiry of these Terms and Conditions.
14 Linked Websites
14.1 The Platform may contain links to other websites (Linked Websites). Those Linked Websites are provided for convenience only and may not remain current or be maintained.
14.2 The Linked Websites should not be construed as an endorsement, approval or recommendation by us the owners or operators of those Linked Websites, or of any information, graphics, materials, products or services referred to or contained on those Linked Websites, unless and to the extent we stipulate to the contrary.
14.3 To the extent permitted by law, we accept no responsibility or liability for, and give no warranty (express or implied) of any kind in respect of, the Linked Websites and your use of them or any products or services available on or through the Linked Websites.
15 Linking to the Platform
15.1 You may link to the Platform only:
(a) With our prior express permission;
(b) In a way that is fair, unbiased, legal and does not damage or exploit our reputation; or
(c) In a way that does not suggest either express or implied any association or endorsement by us.
15.2 You must remove or procure the removal of any link to the Platform immediately upon receiving notice from us to do so. We may give such notice at our absolute discretion without justification.
16 Transfer of Rights and Obligations
16.1 These Terms and Conditions are binding on you and us and on our respective successors and assignees.
16.2 You may not transfer, assign, charge or otherwise dispose of your rights or liabilities under these Terms and Conditions, or any of your rights or obligations arising under it, without our prior written consent.
16.3 We may transfer, assign, charge, sub-contract or otherwise dispose of any of our rights or obligations arising under these Terms and Conditions, at any time without your prior consent.
17 Intellectual Property Rights
17.1 We own all present and future intellectual and industrial property rights conferred by statute, at common law or in equity wherever those rights might arise, including (without limitation) confidential information, trade secrets, registered and unregistered copyright, patent rights, patent applications, designs, trademarks, source code and circuit layouts (Intellectual Property Rights) in connection with the Platform. This clause 17.1 excludes any Intellectual Property Rights of Linked Websites, or any third party advertisements which may appear or be publicised on the Platform. Any Catalogues or content published by a Buyer or Seller on the Platform is also excluded from this clause 17.1.
17.2 Nothing in these Terms and Conditions or otherwise creates an assignment of any rights in the Platform beyond the ability to use it for its intended use.
17.3 By accepting these Terms and Conditions you undertake not to reverse engineer, replicate, or otherwise copy the Platform. We reserve all our rights to seek compensation, damages, injunctions, or any other remedy available to us at law if any attempt to do so, whether successful or unsuccessful, is made by you, your employees, officers, affiliates, customers, or anyone else.
17.4 You may print off one copy, and may download extracts, of any pages from the Platform for your personal reference. You must not use any part of our copyright materials for commercial purposes without first obtaining a licence to do so from us and our licensors.
17.5 If you post comments on the Products or Services to any website, blog or social media network (Commentary) you must ensure that such Commentary represents your fairly- held opinions. By agreeing to these Terms and Conditions, you irrevocably authorise us to quote from your Commentary on the Platform and in any advertising or social media outlets which we may create or contribute to.
17.6 If you upload content to our Platform or otherwise give us content, you grant us a non-exclusive, worldwide, perpetual, irrevocable, royalty-free, sublicensable (through multiple tiers) right to exercise any and all Intellectual Property Rights (including copyright and trademark rights) you have in that content. This content may be utilised by us for reasonable marketing purposes without further consent from you.
17.7 Where you believe that you have suffered copyright infringement due to your content being published on our Platform by a third party, you may contact us through the information provided at clause 19.10 and provide the following information for an investigation to be undertaken:
(a) your name;
(b) your email address;
(c) your mailing address;
(d) your phone number;
(e) the URL, path or other specific location where the allegedly infringing material is located;
(f) description of the allegedly infringed work, including (if available) the URL, path or other specific location where the copyrighted work may be found for comparison;
(g) and your relationship to the owner of the allegedly infringed work (if not your own).
17.8 Nothing in these Terms and Conditions, and nothing arising out of your use or access to the Platform, or any Transaction initiated on the Platform, transfer or assigns any title, ownership, licence or legal right otherwise in the intellectual property of the Platform.
18 Force Majeure Events
18.1 We will not be liable or responsible for any failure to perform or delay in performance of any of our obligations under these Terms and Conditions that is caused by events outside our control (Force Majeure Event).
18.2 A Force Majeure Event includes any act, event, non- happening, omission or accident beyond our reasonable control and includes in particular (without limitation) the following:
(a) Strikes, lockouts or other industrial action;
(b) Civil commotion, riot, invasion, terrorist attack or threat of terrorist attack, war (whether declared or not) or threat or preparation for war;
(c) Fire, explosion, storm, flood, earthquake, subsidence, epidemic or other natural disaster;
(d) Impossibility of the use of railways, shipping, aircraft, motor transport or other means of public or private transport;
(e) Impossibility of the use of public or private telecommunications networks;
(f) Epidemic, pandemic or other health emergency (whether declared or not); and
(g) The acts, decrees, legislation, regulations or restrictions of any government.
18.3 Our performance under these Terms and Conditions is deemed to be suspended for the period that the Force Majeure Event continues, and we will have an extension of time for performance for the duration of that period. We will use our reasonable endeavours to bring the Force Majeure Event to a close or to find a solution by which our obligations under these Terms and Conditions may be performed despite the Force Majeure Event.
19 General Terms
19.1 To the extent permitted by law, we reserve the right to create, collect and / or store any metadata resulting from your use of the Platform. To the extent permitted by law, we may use metadata for a variety of functions including (but not limited to) conducting investigations, helping us manage and administer the Platform, for purposes of search engine optimisation and to drive traffic to the Platform. To the extent permitted by law, we reserve the right to share your information (including metadata) with government agencies and authorities to the extent this is required or requested of us.
19.2 These Terms and Conditions contain the entire understanding between the parties concerning the subject matter of these Terms and Conditions and supersedes all prior communications.
19.3 You must not modify, adapt or hack the Platform or modify another website or software so as to falsely imply that it is associated with the Platform or with us.
19.4 You agree not to reproduce, duplicate, copy, sell, resell or exploit any portion of the Platform, use of the Platform, or access to the Platform without our prior express written permission. We claim copyright and all other Intellectual Property Rights over the Platform and reserve all of our rights.
19.5 Verbal, physical, written or other abuse (including threats of abuse or retribution) of any of our employees, members, representatives, or officers, or any breach of these Terms and Conditions will result in immediate termination of this agreement and cancellation of your account. If we do this, you may be prevented from accessing your account, and / or for entering into further Transactions.
19.6 We do not warrant that:
(a) The Platform will meet your specific requirements;
(b) The Platform will be uninterrupted, timely, secure, or error-free; or
(c) Any errors in the Platform will be corrected.
19.7 Each party acknowledges that, in entering into these Terms and Conditions, neither party relies on any representation or warranty (whether made innocently or negligently) that is not set out in these Terms and Conditions.
19.8 Any failure by us to exercise or enforce any right or provision of these Terms and Conditions shall not constitute a waiver of such right or provision. The Terms and Conditions constitutes the entire agreement between you and us and govern your use of the Platform, superseding any prior agreements between you and us.
19.9 If any term or provision of these Terms and Conditions is held by a court to be illegal, invalid or unenforceable under the applicable law will not void the balance of these Terms and Conditions. Any such term or provision will be severed from these Terms and Conditions and the remaining terms and conditions will continue to be valid in accordance with their terms.
19.10 You may contact us at info@lasertrade.com.au for any queries in relation to these Terms and Conditions.
19.11 These Terms and Conditions are governed by the laws of Victoria. Disputes arising from your use of the Platform are exclusively subject to the jurisdiction of the courts of Victoria.