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 Buyers can purchase products from our registered sellers (Seller, you, your). 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 Seller Terms and Conditions and apply to Sellers only.
1.2 If you are a Buyer, please access our Buyer Terms and Conditions at https://help.lasertrade.com.au/seller-terms-and-conditions.
1.3 Some of the key features of our Platform include:
(a) Allow Buyers to ask you questions and make product price offers;
(b) Allow Buyers to order and purchase products listed for sale by you on the Platform;
(c) Receive notifications regarding your sales; and
(d) Receive funds for your sales.
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 Pricing Policy, Privacy Policy, Brokerage Terms and Conditions, Trade-In Program 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 list and sell products to Buyers (Transaction). Our involvement in the Transaction is limited to that of a facilitator to the Transaction in consideration of which we charge you a commission payment. The commission fee will be in accordance with our Pricing Policy. We are not and do not purport to be a Buyer, Seller, guarantor, or otherwise a contractual party to the Transaction. We are in no way responsible for completion of the Buyers obligations and by transacting with the Buyer you assume all legal and transaction risk in dealing with them.
3.2 Our involvement in the Transaction is limited to the following capacity:
(a) Connecting you with the Buyer via our Platform;
(b) Facilitating the Transaction by allowing you to sell and Buyers to purchase your products through the Platform; and
(c) Collecting payment from the Buyer and remitting it to you.
3.3 When you sell a product to a Buyer through the Platform, you are entering into a legally binding contract with the Buyer. We are not a party to this contract and are not responsible for the performance of you or the Buyers obligations under this contract.
3.4 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 you; or
(e) Product warranties and obligations placed on the sale of a product under a relevant law.
3.5 For the avoidance of doubt, we are not, nor do we purport to be, in relation to any Transaction:
(a) A Seller or Buyer;
(b) The merchant of record; or
(c) A party to the contract applying to the Transaction.
3.6 You acknowledge that we are entitled to a commission payment on each Transaction, which is levied against you.
4 Use
4.1 To be eligible to list products on the Platform, you must register for a Sellers account in accordance with this clause.
4.2 To register an account and list products, you may be required to provide (among other things):
(a) Your details, including:
(i) Full name;
(ii) Registered address (Post office boxes or addresses of office service providers are not permitted);
(iii) Device address (if different to the registered address); and
(iv) Business name, trading name and ABN, where applicable.
(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) 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 provide the Platform services to you.
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 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, without limitation, financiers, stakeholders and suppliers.
4.11 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 Buyer for the supply of a product.
4.12 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.
4.13 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.
4.14 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) Providing 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 Buyer 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 20.1) 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.
4.15 You must not interfere with another Platform users 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.
4.16 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.
4.17 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.
4.18 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.
4.19 If you are a Seller and you offer or reference your contact information, ask a Buyer for their contact information or accept a Buyer’s contact information in the context of buying or selling outside of the Platform, you may be liable to pay a final value fee applicable to that Transaction or product listing.
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 accepting orders through the Platform (Safe Payment Process):
(a) Upon registering your account and listing your products in accordance with these terms, you may receive offers or orders from Buyers seeking to purchase your listed products. Upon an order being placed, the Buyer will be prompted to pay an initial deposit of $99.00 AUD via the Platform (Initial Deposit). You must ensure the required information is provided by you so we can reasonably attempt to issue shipping quotes after an order is placed and the Initial Deposit has been received.
(b) Upon payment of the Initial Deposit and Buyer acceptance of shipping quote (where applicable), you must provide the Buyer with an opportunity to virtually inspect the product being purchased;
(c) You will complete a remote inspection of the product within five (5) business days for the Buyer to review. The Buyer will then have five (5) business days to either accept or reject the product once inspected;
(d) If the Buyer is satisfied with the product, the Transaction will proceed and the balance of the payment (including finalised cost of delivery and shipping (where applicable). The Buyer will be required to pay the remaining amount via the Platform into a secure holding account held in your name with Stripe. The remaining amount is payable by the Buyer within five (5) days of accepting the product once inspected. The payment will be released to your nominated external bank account once the purchased product has been delivered to the Buyer and we determine at our discretion that the Buyer does not have an active claim in respect of the product;
(e) Upon receiving the product, the Buyer has 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 within this three (3) day period from delivery date and a claim is validated in accordance with our terms, the Buyer may qualify for a return, refund or rectification of defect, subject to our terms;
(f) Once the Buyer has reviewed and confirmed the delivered product, we will disperse your held funds for the sale into your nominated external account. Your dispersed funds will be less our commission fee and administration fee (as specified on our Pricing Page) and GST of the sale price.
5.2 The cost of delivery cannot be guaranteed and may fluctuate during the Safe Payment Process. At our discretion, either Lasertrade or the Seller must inform the Buyer of any changes in estimated delivery cost as soon as reasonably possible.
5.3 We will generate a sales invoice for the Buyer on your behalf, detailing the Transaction.
5.4 A Buyer may 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.
5.5 The Buyer is required to return at their own expense, including shipping costs, rejected products that have been delivered, before being refunded any monies.
5.6 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.
5.7 The Safe Payment Process may change from time to time at our absolute discretion.
6 Listings
6.1 When you list a product for sale on the Platform, you must include all relevant information as required by the Platform during the listing process. This information includes but is not limited to:
(a) Your company name (where applicable), address, and contact details;
(b) The total price payable for the product;
(c) Details of any discounts, offers, or promotions that apply to the product, where applicable;
(d) Details of your terms and conditions, where applicable (Seller Terms).
6.2 You agree that all information you provide in respect of:
(a) Details of a product;
(b) Quality or suitability for purpose of a product;
(c) Pricing; and
(d) All other information pertaining to a product is accurate and complete.
Failure to provide accurate information, or providing information that is false or misleading, may result in us cancelling your account and taking such further action as we deem necessary at our own discretion.
6.3 In entering a Transaction with a Buyer, you are entering into a legally binding contract between you and the Buyer. Failure to provide accurate information, or providing information that is false or misleading, may constitute a breach of contract and relevant laws for which you may be liable. We accept no liability, and you indemnify us against any and all liability, arising from a Transaction.
6.4 You agree that to the extent permitted by law, we will not be held responsible for, and you indemnify us against, any inaccuracies or errors pertaining to products listed by you, including but not limited to:
(a) Price;
(b) Availability; or
(c) Quality or suitability.
6.5 You agree and accept that we make no warranty or guarantee as to the quality or suitability of a product or service listed on the Platform by you.
6.6 You must only list products or services that:
(a) You are willing and able to provide to Buyers;
(b) Are available for purchase; and
(c) Are in your possession.
6.7 By using the Platform, you agree that:
(a) All listings may be subject to our discretionary approval before being listed on the Platform;
(b) We may amend, remove, or temporarily pause any listing posted by you on the Platform;
(c) You will only list products that you are capable of fulfilling; and
(d) We make no guarantee that you will sell any minimum amount of products from your by using the Platform.
6.8 If a product has been sold outside of the Platform, you must update your listing to expired within two (2) business days.
6.9 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.
7 Seller Terms
7.1 In the case that you have your own terms and conditions in which you sell your products, this must be made available to Buyers via the Platform prior to any product sales and must include, at a minimum:
(a) Your refund, return and exchange policy;
(b) Your procedure for delivery, including what delivery networks you utilise;
(c) Any delivery charges;
(d) Warranties and guarantees provided; and
(e) Your process for handling disputes and requests for refunds, returns and exchanges.
7.2 Where applicable, your terms and conditions of sale must not be inconsistent in any way with these Terms and Conditions. To the extent of any inconsistency, these Terms and Conditions will apply.
7.3 You agree and acknowledge that we are in no way a party to a Transaction between you and a Buyer.
7.4 You release and discharge us from, and indemnify us against any claim, action, damages, or dispute arising out of a Transaction between you and a Buyer.
8 Your Obligations
8.1 You agree that you will interact with Buyers with professionalism, respect and decency.
8.2 You agree that all products listed on the Platform and any accompanying terms of sale will be compliant with Australian law and applicable regulations and codes. You agree that all products you sell on the Platform are of a merchantable quality, compliant with applicable Australian Consumer Laws, and are provided to Buyers with acceptable care and skill and all applicable Australian Safety Standards and obligations under law.
8.3 You must:
(a) Accept at least 95% of orders placed for your products;
(b) Ensure the number of Buyer disputes, requests for refunds or returns as a percentage of total orders made is less than 15%;
(c) Respond to Buyers within one (1) business day of receiving a communication from a Buyer;
(d) Ship products within the estimated delivery time provided to a Buyer in a Transaction;
(e) Respond to and resolve customer complaints without unnecessary delay; and
(f) Fairly and lawfully comply with your returns policies and procedures set out in your Seller Terms and comply with these Terms and Conditions in responding to and handling Buyer complaints.
8.4 You bear sole responsibility for maintaining your listings and associated information in accordance with our guidelines which are accessible via the Platform and may be updated from time to time.
8.5 Your profile must be accurate, and a true depiction of the products offered by you.
8.6 You warrant and guarantee that you have full authority, title, and legal right and capacity to sell a product.
8.7 You agree that you will not provide false or misleading information to us or to a Buyer.
8.8 You must not use the Platform as a means of lead generation or contact Buyers by reaching out to them outside of the context of the Platform.
8.9 You must not accept any payment for a product from a Buyer directly. All payments must be processed by us or through our nominated third party payment processor, and all Transactions with Buyers must take place through the Platform.
9 Accepting or Declining a Transaction
9.1 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.
9.2 If we decline to process a Transaction, we will endeavour to notify you at the time the Buyer places an order or within 2 business days after the Buyer submits an order.
9.3 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.
10 Third Party Payment Service
10.1 The Platform uses a third-party service provider for facilitation of Transactions between you and the Buyer and is not liable for any issues, including charges from your financial institution, which may arise as a result of this service.
10.2 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.
10.3 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.
11 Price & Payment
11.1 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.
11.2 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.
11.3 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 at our sole discretion.
11.4 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 you at which point you may either accept and confirm the order or reject the order.
11.5 You must accept an order if you have the relevant product in stock.
11.6 You must reject an order if you are unable to fulfil the order.
11.7 You agree that we are entitled to receive a Commission equal to 11% on the sales price of all products listed on our Platform, plus an administration fee. We may update the Commission or administration fee applicable on the Pricing Page at any time and without further notice to you.
11.8 You acknowledge that the payment details provided have been verified to confirm the accuracy of the details provided.
11.9 You acknowledge that you have authority to utilise the nominated payment details for the purpose of entering into any Transaction.
11.10 You must provide confirmation that you have accepted or rejected the order within one (1) business day of the order being placed. Failure to do so may result in the Transaction being cancelled and the payment being refunded to the Buyer.
11.11 If you cancel an order that has already been processed, or otherwise fail to deliver to the Buyer the Buyer’s 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 you directly and you fully indemnify us against 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 Buyer.
11.12 It is your responsibility to ensure that your payment details are valid and up to date.
11.13 Subject to this clause, upon completion of a Transaction, you are entitled to receive the prices listed against sold products (Seller Fee). The Seller Fee will be the amount paid by the Buyer in a Transaction, less:
(a) Our Commission;
(b) Our Administration Fee;
(c) Any applicable transaction fee as notified to the Seller from time to time;
(d) Any applicable third-party fees as notified to the Seller from time to time; and
(e) Any other amount which you owe to us.
11.14 All payment processing, including remittance of the Seller Fee will be processed in accordance with the Safe Payment Process.
11.15 We reserve the right to make changes to any applicable fees due pursuant to these Terms and Conditions and as noted on our Pricing Policy, from time to time and without notice to you.
11.16 We reserve the right to place restrictions or holds on your access to your funds where there is a breach of these Terms and Conditions. For the avoidance of doubt and pursuant to clause 5, Transaction sale proceeds will only be released to you upon satisfaction of the Safe Payment Process. We otherwise reserve the right to hold your funds until the process is finalised in accordance with these terms.
11.17 We accept no responsibility for transactions entered into outside of the marketplace, even in circumstances where you became aware of the Buyer via the Platform.
11.18 You authorise us and any related party to check information you provide to us, including by verifying the existence of your bank account and obtaining reports from, or comparing your information to, third-party sources. Such third-party sources may include without limitation, banks, credit agencies, data brokers, and other service providers. We reserve the right to close, suspend, or limit your account or rescind your access in the event we are unable to obtain or verify any of this information. We are not responsible for any losses suffered by you as a result of incomplete or inaccurate information you provide.
11.19 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.
12 International Sales
12.1 International sales may be made on our Platform and products may be sold from outside Australia.
12.2 Your payout currency is the currency that we will use for settling your Transaction proceeds to your account (Payout Currency). We may add or remove approved Payout Currencies at our sole discretion.
12.3 Where offered by us and agreed upon by you and your Buyer, a Buyer may pay for a product you sell with currency other than your Payout Currency. When this happens, the paid amount will be converted into your Payout Currency prior to disbursement of the funds to you, using the applicable transaction exchange rate.
12.4 You may be charged currency conversion fees where international sales are made.
12.5 If you reside in the United States, Canada, the United Kingdom or Australia, your nominated payment method forming part of the Client Data must be a bank account based in your country of residence. If you reside in a country within the European Economic Area (EEA) (except Iceland), you may provide a bank account located in any EEA member state (except Iceland).
12.6 If you reside in Switzerland or Liechtenstein, you must provide a bank account located in Switzerland or Liechtenstein as your nominated payment method. During registration, we may provide you with the option to use a bank account located in another country, at our sole discretion.
12.7 If you reside in New Zealand, we may require you to create and link an account with a specific bank or a non-bank third-party financial institution as we may direct. If we cannot make direct debits from your nominated payment method for monies due, we require you to keep another payment method on file with us and we may withhold payouts until you have successfully provided us with such other payment method.
12.8 You may change your nominated payment method at any time. Payouts will be made to your new nominated payment method subject to your completion of any reasonable authentication requirements we require.
12.9 You represent and warrant that you are the lawful owner of, or have the lawful right to use, any nominated payment method you associate with your account.
13 Delivery and Performance
13.1 You are 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.
13.2 You must make yourself available at the time that the courier has advised it will pick up the product for deliver to the Buyer. You will be responsible for any additional delivery charges payable if you fail to make yourself available at the required time.
13.3 You must provide the Buyer with up to date and regular delivery timeframes, where possible. Where timeframes are provided, you must endeavour to take required steps to meet the timeframe provided.
13.4 Failure to deliver a product listed on the Platform to a Buyer may result in your account being terminated or suspended.
13.5 Where you have had a dealing with a Buyer in which the Buyer has breached these Terms and Conditions or the Buyer Terms you may report this breach to us to investigate. We may at our own discretion suspend the Buyer from the Platform or take other such remedial action as we deem appropriate.
14 Refunds and Returns
14.1 Notwithstanding any other provision of these Terms and Conditions, we are in no way required to refund any money spent in a Transaction.
14.2 Buyers may request refunds through our team. In such circumstances, we will review the refund request and forward it to you with any of our own comments.
14.3 Where we determine that a refund is payable we will exercise our authority to execute and process the refund on your behalf, in which event the amount refunded will be a debt payable by you to us upon demand. We may elect to deduct the refund from the Seller Fee. Failure to comply with this requirement may also result in your account being cancelled, terminated, or suspended.
14.4 To the extent required by law, any claims under Australian Consumer Law with respect to a product are against the Seller only and you agree and fully release, discharge and indemnify us from and against any liability, claim, or action against the supply or delivery of a service or product under Australian Consumer Law.
14.5 We may require that you refund the full or partial amount paid by a Buyer in a Transaction to a Buyer where:
(a) We consider that the Buyer is entitled to a refund under law;
(b) Where a Buyer is entitled to a refund because you have breached these Terms and Conditions;
(c) Where you have delivered faulty goods; or
(d) Any other valid reason.
14.6 Pursuant to these terms, we will manage Buyer dispute claims as follows:
(a) Where a claim is initiated, we will notify you and ask you whether you choose to accept or challenge the claim. If you accept the claim, you agree to the reversal of the payment to the Buyer. If you challenge the claim, we will submit to the financial institution any relevant evidence you provide about the claim.
(b) You agree to provide timely information to assist in the dispute claim resolution process and understand that your failure to provide requested information on the timeline we require and as specified by credit and debit card networks and other payment service providers rules could adversely impact the outcome of an investigation, up to complete forfeiture of the amounts in dispute.
14.7 Some payment institutions offer an optional arbitration process to contest the results of an individual dispute. We may ask for your consent to participate in such arbitration process. If you consent to arbitration, you authorise us to represent and defend you throughout the arbitration at our discretion. You will be responsible for all costs and expenses (including reasonable legal fees and any arbitration fees assessed by third parties, arising from such arbitration proceedings), as agreed between you and us in each case, and you authorise us to pay these amounts on your behalf while the arbitration is pending.
15 Termination
15.1 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;
(b) You breach the terms and conditions of a Buyer;
(c) You breach any of our incorporated policies or terms and conditions.
15.2 We may at our discretion terminate your account if it has been unconfirmed or inactive for an extended period of time.
15.3 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, 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.
15.4 We are not required to disclose any details to you of any investigation undertaken in relation to your account or your conduct as Seller on the Platform, or the reasoning behind any termination, where applicable.
15.5 Where your account is terminated in accordance with clause 15, 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.
15.6 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.
16 Disclaimer and Limitation of Liability
16.1 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.
16.2 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 20.1) 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.
16.3 We may offer you the choice of utilising catalogues of stock images, descriptions and product specifications to assist with your 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 your product in comparison to the Catalogue selection. Any such dispute relating to this must be resolved between Buyer and Seller and 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.
16.4 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.
16.5 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.
16.6 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.
16.7 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. We do not accept any responsibility for any such loss arising out of your use of or reliance on information contained on or accessed through the Platform.
16.8 Without limiting other remedies available to us at law, in equity or under this agreement, we may, without notice to you and in our sole discretion (which shall be exercised reasonably, having regard to the circumstances), delay listing your item, delete your listing, issue you a warning, restrict your activities through our Platform (including but not limited to buying, selling and posting activities).
16.9 If you have a dispute with a Buyer or another Seller 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.
16.10 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.
16.11 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.
16.12 Any dispute, controversy or claim arising out of, relating to or in connection with this agreement, including any question regarding its existence, validity or termination, shall be resolved by arbitration in accordance with the ACICA Arbitration Rules. The seat of arbitration shall be Melbourne, Australia. The language of the arbitration shall be English. The number of arbitrators shall be one.
16.13 This clause survives the termination or expiry of these Terms and Conditions.
17 Linked Websites
17.1 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.
17.2 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.
17.3 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.
18 Linking to the Platform
18.1 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.
18.2 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.
19 Transfer of Rights and Obligations
19.1 These Terms and Conditions are binding on you and us and on our respective successors and assignees.
19.2 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.
19.3 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.
20 Intellectual Property Rights
20.1 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 20.1 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 20.1.
20.2 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.
20.3 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.
20.4 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.
20.5 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.
20.6 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.
20.7 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 22.10 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).
20.8 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.
21 Force Majeure Events
21.1 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).
21.2 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.
21.3 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.
22 General Terms
22.1 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.
22.2 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.
22.3 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.
22.4 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.
22.5 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.
22.6 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.
22.7 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.
22.8 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.
22.9 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.
22.10 You may contact us at info@lasertrade.com.au for any queries in relation to these Terms and Conditions.
22.11 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.