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Terms and conditions

Good Spender Marketplace - Terms of Use

1. Introduction

Good Spender Marketplace is an initiative of Australian Postal Corporation and Social Traders Limited.

Australian Postal Corporation (“Australia Post”) trading as Good Spender Marketplace (“GSM”), owns this GSM website (the “Website”). By accessing or using the Website, you (the user of GSM) agree to the terms of use (“Terms of Use”) of this Website as set out below.

The Terms of Use include the terms and conditions set out below (including the Additional Terms of Use for Sellers), the Australia Post Terms and Conditions, and the Australia Post Privacy Policy.

Social Traders Limited (“STL”) collaborates with Australia Post to develop, operate and manage the GSM. Your personal information will be shared with STL to facilitate your use of the GSM. For this reason the Terms of Use also includes the Social Traders Privacy Policy to the extent STL holds, manages or stores your personal information.

You are bound by these Terms of Use and should review them whenever you are using the Website. These Terms of Use apply to all users of the Website including without limitation users who are buyers, sellers, or contributors of content, information and other materials or services on the Website.

2. The Website - use, content and access

Items purchased via GSM are for delivery within Australia only. GSM acts as a platform for certain goods to be sold and bought. GSM has no control over the quality, safety, or legality of any aspect of the items listed, the truth or accuracy of the listings, the ability of sellers to provide items advertised or the ability of buyers to pay for items. While GSM endeavours to take reasonable care in preparing and maintaining the information on this Website, GSM does not review content or information provided by sellers for display on the Website and therefore does not warrant the accuracy, reliability, adequacy or completeness of any of the Website content. The content or information includes views or materials contributed by third parties. Buyers and sellers agree to exercise their own independent skill and judgment before relying on any of the information.

The Website content is subject to change at any time without notice and may not necessarily be up to date. GSM does not guarantee that access to the Website will be uninterrupted or that the Website is free from viruses or anything else which may damage any computer which accesses the Website or any data on such a computer.

Except for information provided to GSM during the application and registration process (“registration information”), any material you send to GSM on or via the Website will be deemed to be non-confidential and non-proprietary. This includes any data, questions, comments, suggestions, ideas or other information. Subject to clause 3 below, GSM and the Website will be entitled to use such material (except for registration information) for any purpose without providing notice or compensation to you.

GSM cannot guarantee that a buyer or seller will actually complete a transaction. If you have a concern about a buyer or seller you will need to engage them direct, GSM will not assist your dispute with another user of GSM (including by either providing information to you or acting on your behalf). See clause 7 below for further details.

3. Personal information.

GSM will only use personal information in accordance with Social Traders Privacy Policy and Australia Post's Privacy Policy. As part of a transaction, the seller may obtain personal information, including email address and shipping information, from the buyer.

By using the Website, you consent for Personal information obtained through a GSM transaction to be used for the purpose of completing that transaction, for GSM related communications and where you have opted-in GSM will send you other promotional material Australia Post considers appropriate to send you from time to time.

4. User Eligibility

Individual users of GSM (including individuals acting as buyers or sellers) must be at least 18 years of age, and able to form legally binding contracts under applicable law, or be under the supervision of a parent or guardian who is at least 18 years of age in order to be eligible to use the Website. By using this Website you represent and warrant that you are at least 18 years of age and that all registration information you submit is accurate and truthful. GSM may, in its sole discretion, refuse to offer access to or use of the Website to any person or entity and change its eligibility criteria at any time.

5. Account Security

It is your responsibility to keep your password secure. You will be liable for, and indemnify GSM for any loss or damage resulting from your failure to maintain password confidentiality. You agree to immediately notify GSM of any unauthorised use of your password or any breach of security. It is your responsibility to keep your account information up-to-date and accurate at all times.

6. External Websites and Links

GSM is not responsible for the content or availability of outside websites or resources linked to or referenced on the Website. GSM does not endorse and is not responsible or liable for any content, advertising, products, or other materials on or available from such websites or resources. You agree that GSM shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with the use of or reliance on any such content, goods or services available on or through any such websites or resources.

7. Dispute Resolution and Queries

If a dispute arises between a buyer and seller, you - not GSM - are responsible for enforcing any rights that you may have against the other party in relation to the transaction. Buyers should refer to the seller’s store policy for information on dispute resolution with individual sellers.

If you have a concern or dispute arising in connection with the operation of this Website please contact us at support@goodspender.com.au.

All order queries should be directed to the relevant seller.

8. Breach

   8.1 Termination for breach.

Without limiting any other remedies, GSM may, without notice, and without refunding any fees, remove your content, issue a warning, temporarily or indefinitely suspend your account and privileges, terminate a user's account, prohibit access to the Website, take technical and legal steps to prevent use of the Website and/or refuse to provide services if any of the following apply:

  • GSM suspects you have breached these Terms of Use (including the Additional Terms of Use for Sellers) or any other terms and conditions incorporated herein;
  • GSM is unable to verify or authenticate any of your personal information or content;
  • you have engaged in improper or fraudulent activity in connection with GSM; or
  • your actions may cause legal liability or financial loss to GSM's users or to GSM.

GSM may, in its sole discretion, refuse to continue providing preferential rates to sellers who do not comply with this clause and/or may terminate use of the Website in accordance with the Terms of Use.

   8.2 Termination without breach.

Without limiting any other remedies, GSM may at its sole discretion, without notice, and without refunding any fees, remove your content, issue a warning, temporarily or indefinitely suspend your account and privileges, terminate your account, prohibit access to the Website, take technical and legal steps to prevent use of the Website and/or refuse to provide services.

9. Limitation of liability

To the maximum extent permitted by law GSM and STL excludes completely all liability whatsoever for any loss or damage of any kind (including special, indirect or consequential loss and including loss of business profits) however caused (including negligence) arising out of or in connection with the Website, the content or the use or performance of the Website. GSM and STL are not liable for any loss of money, goodwill or reputation, or any special, indirect or consequential damages arising, directly or indirectly, out of your use of or your inability to use GSM.

You agree to indemnify GSM, STL and their officers, agents and employees in respect of any claim, action, damage, loss, liability, cost, charge, expense, outgoing or payment (including legal expenses (on a full indemnity basis) arising from or relating to:

  • your use of the Website or any content you submit through the Website;
  • a breach of these Terms of Use by you; or
  • your breach of any applicable law.

10. Closing your account on the Website

If you choose to discontinue trading on the platform you are required to notify GSM in writing by emailing support@goodspender.com.au and your account will be removed from the Website within a reasonable timeframe.

11. Legal Compliance and Taxes

You shall comply with all applicable domestic and international laws, statutes, ordinances and regulations regarding your use of the Website and any GSM service and, if applicable, your listing, purchase, solicitation of offers to purchase, and sale of items. In addition, you shall be responsible for paying any and all taxes applicable to any purchases or sales of items you make on the Website.

12. Severance

Part or all of any provision of these Terms of Use that is illegal or unenforceable may be severed from the remaining terms and conditions, and the remaining provisions of the Terms of Use continue in force.

13. GSM Service

GSM reserves the right to modify or terminate the GSM service (including the Website) for any reason, without notice, at any time. GSM reserves the right to alter these Terms of Use or other Website terms and conditions at any time, so please review these Terms of Use frequently. If GSM makes a material change GSM will notify you here, by email, by means of a notice on our home page, or other places GSM deems appropriate. What constitutes a "material change" will be determined at GSM's sole discretion.

14. Jurisdiction

These Terms of Use are governed by and construed in accordance with the laws of the State of Victoria, Australia. In the event that a dispute arises from these Terms of Use, you agree to submit to the non-exclusive jurisdiction of the courts of Victoria, Australia.

15. General

In Australia Post’s sole discretion, we may assign our rights and obligations under these Terms of Use to another entity. If any provision of these Terms of Use is held to be invalid or unenforceable, such provision will be severed and the remaining provisions will remain in effect. Headings are for reference purposes only and do not form part of these Terms of Use. Our failure to act on a breach by you or others doesn't waive our right to act on subsequent or similar breaches. These Terms of Use contain the entire understanding and agreement between you and GSM.

Additional Terms of Use for Sellers

All sellers must submit an application which must be approved by GSM prior to being listed on the site. Where necessary GSM may request further information from the seller to confirm their eligibility to sell on GSM.

The following terms only apply if you have been approved by GSM to sell items on the Website.

1. Ability to Sell

If you have been approved to sell items on the Website, whilst you offer services on the Website:

  • be a registered business within Australia;
  • meet GSM’s eligibility requirements (that may change from time to time); and
  • adhere to all relevant laws (including health and safety laws and regulations).

You must provide and maintain valid payment information on the Website at all times that satisfies GSM’s requirements. You must not transfer or sell your GSM account or user ID to another party.

2. Sellers display of information on the Website

You guarantee that the data and materials you upload or display on the Website (including without limitation all editorial materials, information, photographs, illustrations, artwork and other graphic materials, names, logos and trademarks):

  • Are not false, misleading or inaccurate, or otherwise in contravention of the Competition and Consumer Act (Cth) 2010;
  • Are not fraudulent and do not involve the sale of illegal, counterfeit or stolen goods;
  • Do not infringe upon any third-party's intellectual property rights;
  • Do not promote items that are prohibited and/or dangerous to be lodged for carriage through the postal system. Please see the Dangerous & Prohibited Goods & Packaging Guide for more information. For the avoidance of doubt, such prohibited contents include alcohol where possession or carriage of alcohol by post is prohibited by a law of the Commonwealth, a State or Territory;
  • Are not defamatory or offensive;
  • Do not contain or transmit any code of a destructive nature that may damage, detrimentally interfere with, intercept or expropriate any system, data or personal information; and
  • Will not modify, adapt or hack this Website.

3. Sale of alcohol

When listing wine or other alcoholic beverages on the Website, sellers need to be aware that:

  • selling wine or alcohol on the Website requires a license;
  • you must place your license number next to the listing; and
  • alcohol and wine may only be traded within Australia.

Individual States have different laws regarding trading wine and alcohol. It is the buyer’s and seller’s responsibility to be familiar with and comply with each State's laws and if (and where) you are allowed to sell alcohol and wine.

4. Intellectual property

GSM and STL does not claim ownership rights in the content you place on the Website. You grant GSM and STL a non-exclusive, worldwide, perpetual, irrevocable, royalty-free, license to exercise the copyright, publicity, and database rights you have in the content. You agree to allow GSM and STL to store, display and re-format your content on the Website, in media publications, in marketing material and on other sites, in any way as GSM chooses. You warrant that you are the author of the content for the purposes of the Copyright Act 1968 (Cth).  You agree that GSM and STL may use and display your content without attribution of authorship and bearing the name of Australia Post, STL or GSM, even if that would, apart from these terms, infringe your moral rights. You agree, to the extent permitted by law, not to enforce any claim for a breach of your moral right of integrity of authorship under the Copyright Act 1968 (Cth) that you may otherwise have as a result of any act or omission of GSM in respect of the content.

5. Fees and Services

Joining and setting up a shop as a seller on GSM is free. However GSM (via an agent) charges a percentage of the sale price when items sell (“Fees”). Please contact GSM for the current Fees that apply. Fees are subject to change and are effective after GSM provides you with at least fourteen (14) days' notice by posting the changes on the Website. GSM may, at GSM’s sole discretion, change some or all of GSM's services at any time. In the event GSM introduces a new service, the fees for that service are effective at the launch of the service. You are responsible for paying all fees and applicable taxes associated with using GSM. Unless otherwise stated, all fees are quoted in Australian Dollars (AUD).

If GSM terminates a product or service listed for sale by you,   your GSM account, if you close your account or if the payment of your GSM Fees cannot be completed for any reason, you remain obligated to pay GSM for all unpaid Fees plus any interest, if applicable. If your account is not paid in full and becomes past due, you risk the suspension of privileges and/or termination of the account and other collection mechanisms (including retaining collection agencies and legal action). If you have a question or wish to dispute a charge contact GSM at support@goodspender.com.au

GSM will send you communications regarding your transactions and your account via the Website. These communications do not represent any endorsement, guarantee or legitimisation of your transaction. You are responsible for completing all transactions you participate in (including monitoring their status and complying with all relevant legal obligations).

6. Listing and Selling products on the Website

By listing an item on the Website for sale you warrant that you have complied with all applicable laws and these Terms of Use. You also warrant that you are legally able to sell the item. You must accurately describe your item and all terms of sale in your GSM store profile and store policy. Your product listings may only include text descriptions, graphics, pictures and other content relevant to the sale of that item. All items must be listed in an appropriate category with appropriate tags. You are required to outline the terms of sale for your GSM shop in your store policy. These policies should include, for example, special considerations, availability, shipping, returns, and selling policies. You must create policies in good faith which comply with relevant laws and must abide by such policies. All store policies must comply with these Terms of Use. You are responsible for enforcing your own store policies. GSM reserves the right to request that you modify a store policy.

All sales are binding. You are obligated to send the order or otherwise complete the transaction with the buyer in a prompt manner, unless there is an exceptional circumstance, including but not limited to for example if the buyer fails to meet the terms of your store policy.

By posting content on the Website, it is possible for an outside website or a third party to re-post that content. You agree to hold GSM harmless for any dispute concerning such use. If you choose to display your own GSM hosted image on another website, the image must provide a link back to its listing page on GSM.

You shall not include a link to your own (or any third party’s) website or contact email address on the GSM website and you shall ensure that any and all correspondence sent to a buyer must not include reference to your own website, email address or other promotion of your own services outside of GSM. You may not contact the buyer by email or any other means for any reason other than to discuss the processing and progress of the GSM transaction.

If you receive preferential postage rates, you must not use the preferential postage rates offered to you for transactions which do not originate through GSM. If GSM identifies that you have been using the preferential GSM postage rates for non-GSM transactions your GSM account will be suspended or terminated in accordance with clause 8 of the Terms of Use (above) and/or the preferential postage rates will be removed.

7. Contacting buyers

Personal information (as defined under the Privacy Act 1998) gained through the Website or a GSM transaction does not entitle you to independently contact the buyer in the future. You must not use information obtained from your interaction with the Website or GSM for your own promotional purpose inside the delivered goods or otherwise.