OVERVIEW
1.1. Lasertrade International Trading Pty Ltd ACN 643 006 768 (we, us, our) operates an online marketplace with domain address https://lasertrade.com.au/ (Platform) on which customers (Buyers) can buy products (Products) from our registered sellers (Seller) (Buyers and Sellers are collectively referred to as Users).
1.2. Our referral program enables Users to refer new or potential Users (Referees) to the Platform in consideration of incentives as set out in this Referral Agreement (Referral).
1.3. These terms and conditions (Referral Agreement) apply to:
(a) Users who have made Referrals (Referrers); and
(b) Referees.
(you, your).
1.4. To view our terms and conditions for Buyers and Sellers, you can access our:
(a) Seller terms at https://help.lasertrade.com.au/seller-terms-and-conditions; or
(b) Buyer terms at https://help.lasertrade.com.au/buyer-terms-and-conditions.
(Standard Terms)
1.5. You should read this Referral Agreement, along with our Standard Terms, carefully prior to taking advantage of our Referral program.
1.6. This Referral Agreement is supplementary to, and at all times subject to, our Standard Terms. In the case of an inconsistency between this Referral Agreement and our Standard Terms, our Standard Terms will prevail.
ACCEPTANCE OF REFERRAL AGREEMENT
2.1. This Referral Agreement records an agreement between you and us for the purpose of participating in our Referral program. You agree to be bound by this Referral Agreement by:
(a) If you are a Referrer, making a Referral; or
(b) If you are a Referee, registering to be a User of the Platform.
2.2. We reserve the right to make changes to this Referral Agreement from time to time without notice. This Referral Agreement applies continuously and anew each time you make a Referral.
REFERRALS
3.1. Each User is automatically allocated a code (Referral Code) that they can provide to Referees who are not and have never been Users.
3.2. Subject to clause 4, if a Referee registers an account as a User on the Platform utilising the Referral Code, the Referee will be tagged as a Referral of the relevant Referrer.
3.3. Where the requirements of clauses 3.2, 4 and 8 are satisfied, the Referrer and Referee will be entitled to the following rewards (Referral Rewards):
(a) The Referrer will be entitled to the Referrer Fees as per clause 5; and
(b) The Referee will be entitled to either:
(i) Where the Referee is a Buyer, a $100 discount on their first order on the Platform (Discount); or
(ii) Where the Referee is a Seller, a $100 cash rebate on completion of their first sale on the Platform (Rebate), in accordance with clause 6.
ELIGIBILITY
4.1. To be eligible to make Referrals, and trigger the Referral Rewards:
(a) A Referrer must be verified through the Stripe payment platform. You can learn more about Stripe verification here: https://support.stripe.com/topics/verification; and
(b) A Referee must register as a User of the Platform in accordance with our Standard Terms and must comply with the requirements of our Standard Terms.
4.2. Failure by either the Referrer or the Referee to comply with the requirements of this clause 4 or our Standard Terms will void the Referrers entitlement to the Referrer Fees and the Referee’s entitlement to the Discount or Rebate (as applicable).
REFERRAL FEES
5.1. Referrers will be entitled to a fee for the first Transaction (as that term is defined in the Standard Terms) entered into and finalised by an eligible Referee in accordance with the Standard Terms (Referrer Fee).
5.2. The sum of the Referrer Fee will depend on the value of the Product sold pursuant to the relevant Transaction (Transaction Value) as follows:
(a) Where the Transaction value is less than $5,000, the Referrer Fee will be $100;
(b) Where the Transaction value is $5,000 or greater and less than $10,000, the Referrer Fee will be $200;
(c) Where the Transaction value is $10,000 or greater and less than $50,000 the Referrer Fee will be $300; and
(d) Where the Transaction value is $50,000 or greater, the Referrer Fee will be $500.
5.3. The Referrer Fee will be paid to the Referrer via Stripe by the same payment systems for their account in accordance with the Standard Terms. Payment of the Referrer Fee will be processed automatically by us on the successful completion of an eligible Transaction. We will issue an invoice for payment of the Referrer Fee within 7 days of payment of the Referrer Fee.
5.4. To avoid doubt, the Transaction Value only includes the value of the Product(s) sold in the Transaction and is exclusive on any other fees and charges including without limitation shipping costs, Administration Fees (as that term is defined in our Standard Terms), or any other fees or charges.
DISCOUNTS AND REBATES
6.1. Where a Referee is entitled to a Discount, the Discount will be automatically applied to their first Transaction at the time of payment.
6.2. Where a Referee is entitled to a Rebate, the Rebate will be paid to the Referee via Stripe by the same payment systems for their account in accordance with the Standard Terms. Subject to clause 8.3:
(a) Payment of the Rebate will be processed automatically by us on the payment by a Buyer in an eligible Transaction ; and
(b) We will issue an invoice for payment of the Rebate within 7 days of payment of the Rebate.
ACCEPTING OR DECLINING A REFERRAL
7.1. We reserve the right to accept or decline to register any Referee referred to the Platform in accordance with our Standard Terms.
7.2. We make no guarantee that a Referee will be accepted as a User of the Platform, including in circumstances where they do not meet the requirements of our Standard Terms (or for any other reason at our absolute discretion).
ELIGIBLE TRANSACTIONS
8.1. Referrer Rewards are only payable in respect of the first Transaction entered into and finalised by an eligible Referee in accordance with the Standard Terms.
8.2. As per our Standard Terms, we have the right to decline to process any Transaction initiated on the Platform for any reason. Further, Transactions may be:
(a) initiated but not completed for a variety of reasons; or
(b) completed but subject to a refund and return in accordance with our Standard Terms.
(Failed Transaction)
8.3. Where a Transaction becomes a Failed Transaction, there will be no entitlement to a Referral Fee, Discount, or Rebate (as applicable) in respect of the Failed Transaction, nor any subsequent Transactions.
TERMINATION
9.1. We may at our discretion terminate this Referral Agreement at any time if you breach this Referral Agreement.
9.2. If we terminate your account in accordance with our Standard Terms, this Referral Agreement will automatically be terminated.
9.3. If we cease providing the Referral program for any reason at our discretion, this Referral Agreement will be automatically terminated.
9.4. On termination of this Referral Agreement for any reason, any entitlements or liabilities that have accrued prior to the effective date of termination will remain due and payable.
DISCLAIMER AND LIMITATION OF LIABILITY
Our liability under this Referral Agreement is at all times limited in accordance with all limitations of liability set out in our Standard Terms.
TRANSFER OF RIGHTS AND OBLIGATIONS
11.1. This Referral Agreement is binding on you and us and on our respective successors and assignees.
11.2. You may not transfer, assign, charge or otherwise dispose of your rights or liabilities under this Referral Agreement, or any of your rights or obligations arising under it, without our prior written consent.
11.3. We may transfer, assign, charge, sub-contract or otherwise dispose of any of our rights or obligations arising under this Referral Agreement, at any time without your prior consent.
FORCE MAJEURE EVENTS
12.1. We will not be liable or responsible for any failure to perform or delay in performance of any of our obligations under this Referral Agreement that is caused by events outside our control (Force Majeure Event).
12.2. 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.
12.3. Our performance under this Referral Agreement 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.
GENERAL TERMS
13.1. This Referral Agreement contains the entire understanding between the parties concerning the subject matter of this Referral Agreement and supersedes all prior communications.
13.2. In entering into this Referral Agreement, neither party relies on any representation or warranty (whether made innocently or negligently) that is not set out in this Referral Agreement.
13.3. Any failure by us to exercise or enforce any right or provision of this Referral Agreement shall not constitute a waiver of such right or provision.
13.4. If any term or provision of this Referral Agreement is held by a court to be illegal, invalid or unenforceable under the applicable law will not void the balance of this Referral Agreement. Any such term or provision will be severed from this Referral Agreement and the remaining terms and conditions will continue to be valid in accordance with their terms.
13.5. You may contact us at info@lasertrade.com.au for any queries in relation to this Referral Agreement.
13.6. This Referral Agreement is governed by the laws of Victoria. Disputes arising this Referral Agreement are exclusively subject to the jurisdiction of the courts of Victoria.