Terms

Ashop Commerce PTY LTD (ABN 80 111 256 896), an Australian private company (sometimes herein “Ashop,” “We” or "Us") offers services through the domain www.ashop.com.au (sometimes herein the "Site"). Ashop provides a web application ("Software") that allows a user to maintain a social user account as well as the option of creating an online store through which they can sell goods and services online. Ashop also provides merchant services, including hosting of the online store, site design, marketing services and other related services as may be offered from time to time (individually and collectively, "Services"). By using the Services offered through the Site, you ("User" or "You," or “Your” which collectively includes You and any other person or entity on whose behalf You may be acting) are accepting and agreeing to the terms of use ("Terms") set forth below which will constitute a binding agreement between You and Ashop ("Agreement").

By using the Services of the Site, You are accepting and agreeing to the terms of the Ashop Privacy Policy ("Privacy Agreement"), which You acknowledge You have read and fully understand. Also, if You sell goods or services through an online store on this Site, as described elsewhere, You must agree to the terms of the Ashop Store Owner's Agreement (“Store Owner's Agreement"). Each store owner will have their own online store (“Storefront”) from which it will sell its goods and services. In the event You buy goods or services through a store on this Site, Your purchase of goods or services through such a store will constitute Your agreement to comply with the terms applicable to a buyer of goods or services ("Buyer’s Agreement"). By agreeing to be bound by the terms of this Agreement, You are acknowledging You have read and agree to be bound by the Store Owner's Agreement and/or the Buyer’s Agreement, as the case may be.

You agree to comply with and be bound by the following Terms:

Ashop serves as an online marketplace to allow qualifying users to offer, sell and purchase goods and services for an agreed upon price. Ashop has no involvement in the consummation of a contract between a seller and a buyer. Accordingly, Ashop has no liability or responsibility for any matter arising out of the transaction between a seller and a buyer. You should be comfortable in all respects with a seller before You purchase goods from the Site.

You may use the Services and the Site and the content owned and provided by Ashop (singularly and collectively, the "Ashop Content") solely in connection with the intended purposes of the Site. No right, title or interest in any Ashop Content is transferred to You. Ashop retains all of its intellectual property rights in all Ashop Content. Except as expressly authorized by this Agreement, or otherwise agreed to by Ashop, You may not use, alter, copy, distribute, transmit, or otherwise appropriate any Ashop Content obtained from the Site or the Service, except as expressly permitted by the Terms or as otherwise agreed to by Ashop.

You agree to use the Site for lawful purposes only. You agree not to take any action that might affect the security of the Site, render the Site partially or wholly inaccessible to others or otherwise negatively alter or damage the Site or the Ashop Content. You agree not to add to, subtract from, or otherwise modify the Ashop Content, or to attempt to access any Ashop Content that is not intended for You. You agree not to use the Site in any manner that might interfere with the rights of third parties.

While using the Site You will not:

• Be false, misleading, inaccurate or include inaccurate, misleading or false information to a seller or on any Storefront which You maintain.
• Act in a fraudulent way or become involved in the sale of stolen or counterfeit items.
• Violate any local, state, federal or other applicable laws or the rights of third party parties.
• Access or use the Site if You are not able to enter into legally binding agreements, are under the age of 18, or are temporarily or indefinitely suspended from the Site.
• Fail to deliver payment for items purchased by You.
• Fail to deliver items purchased from You if You are a Seller.
• Infringe on another party’s right, title and interest in and to their intellectual property including copyrights and trademarks.
• Interfere with the sales of other online sellers in any way that injures, damages or negatively affects their use and enjoyment of the Site.
• Be libelous or defamatory with any information posted on the Site.
• Disseminate or display spam, chain letters or pyramid schemes.
• Contain or transmit code or employ other actions which may harm Ashop, the Site, the Ashop Content or the interests or property of Ashop users.
• Copy, modify, or distribute content from the Site and/or Ashop's copyrights and trademarks unless agreed to by Ashop.
• Collect information about users, including email addresses, without their consent.
• Disseminate or display content or information that (a) is offensive or inflammatory, such as content that promotes racism, bigotry, hatred or physical harm of any kind against any group or individuals; (b) promotes illegal or unauthorized copy of another person's work, such as providing pirated computer programs or links to them, provides information to circumvent manufacture-installed copy-protect devices, or (c) provides pirated content or links to pirated content files.
• Be obscene or post any information that contains pornography including child pornography.
• Violate the Seller's Agreement, as the case may be, if You are a seller.
• Use any automated means to access the Site for any purpose without the express written permission of Ashop.
• Take any action that imposes or may impose an unreasonable or disproportionately large load on the Site or the ability to operate the Site as determined solely by Ashop.

You are solely responsible for Your conduct while using the Site and for any and all information, store listings, advertisements, proposals, data, text, pictures, graphics, music, sights, sounds, depictions, images, photographs, audio, video and links (individually and collectively the “Third Party Content”) that You submit, post, and display on Ashop. Further, as a Seller, You are solely responsible for each individual item of Third Party Content You display, link to or otherwise make available through the Site. You agree Ashop has no control, and is not responsible for the Third Party Content appearing on the Site, and by using the Site or making purchases, You may encounter Third Party Content which You find is inaccurate, inappropriate, inflammatory or otherwise of concern to You.

Ashop makes no representation or warranty of any kind concerning the truth or accuracy or any other aspect of any information posted on this website by a User or any other information appearing at websites which are linked to in any Third Party Content. As a Seller, You agree that You are solely responsible for all content, material and Third Party Content appearing in Your storefront or in any links appearing within Your storefront. You agree that Ashop does not pre-approve or review Third Party Content; however, Ashop retains the right but not the obligation to deny, remove or alter any Third Party Content that appears on the Site, if in the sole discretion of Ashop, such Third Party Content violates the Terms.

The Site and the Ashop Content are protected by laws of Australia, and belongs solely to Ashop. You may not use, change or amend in any way the Site or the Ashop Content without the prior written approval of Ashop. As a Seller, You are granted a revocable non-exclusive license as part of the Store Owner's Agreement, as the case may be, to utilize references to Ashop and its logo in connection with linking to Your Storefront on the Site from other web pages.

Ashop does not claim ownership rights in Your Third Party Content. When You post or display Third Party Content on the Site, You grant to Ashop a license to use and display the Third Party Content on the Site. You grant Ashop a non-exclusive, worldwide, perpetual, irrevocable, royalty-free, right to exercise the copyright, publicity, and database rights (but no other rights) You have in the Third Party Content, in any media now known or not currently known, with respect to Your Third Party Content. In the event a third party re-posts Your Third Party Content, You agreed to hold Ashop harmless from any liability arising out of a dispute concerning the reposting of Your Third Party Content.

Ashop works hard to keep the Site operating for the benefit of its users. However, in the event of a problem, please contact Us via our Contact page. 

Ashop ON BEHALF OF ITS MEMBERS, DIRECTORS, OFFICERS, EMPLOYEES AND AGENTS, MAKES NO EXPRESS OR IMPLIED WARRANTIES, COVENANTS OR REPRESENTATIONS OF ANY KIND WITH RESPECT TO THE SITE, THE SERVICES, THE Ashop CONTENT, THIRD PARTY CONTENT OR ANY OTHER CONTENT. Ashop EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, EXPRESS, IMPLIED, STATUTORY OR OTHERWISE, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT, WITH REGARD TO THE SITE, THE SERVICES, THE Ashop CONTENT, THIRD PARTY CONTENT AND ANY OTHER CONTENT, AND ANY PRODUCT OR SERVICE FURNISHED OR TO BE FURNISHED FROM OR ON THE SITE. Ashop DOES NOT WARRANT: THAT THE FUNCTIONS PERFORMED BY THE SITE OR THE SERVICE WILL BE UNINTERRUPTED, TIMELY, SECURE OR ERROR-FREE; OR THAT DEFECTS IN THE SITE OR THE SERVICES WILL BE CORRECTED; OR -THE ACCURACY OR COMPLETENESS OF THE Ashop CONTENT, THIRD PARTY CONTENT, OR ANY OTHER CONTENT; OR THAT ANY ERRORS IN THE Ashop CONTENT, THIRD PARTY DATE OR OTHER CONTENT WILL BE CORRECTED. THE SITE, THE SERVICES, AND THE Ashop CONTENT AND OTHER CONTENT ARE PROVIDED ON AN “AS IS”, “WHERE IS”, “AS AVAILABLE” AND “WITH ALL FAULTS” BASIS. SOME STATES DO NOT ALLOW THE DISCLAIMER OF IMPLIED WARRANTIES, SO THE FOREGOING DISCLAIMER MAY NOT APPLY TO YOU. THIS WARRANTY GIVES YOU SPECIFIC LEGAL RIGHTS AND YOU MAY ALSO HAVE OTHER LEGAL RIGHTS THAT VARY FROM STATE TO STATE.

IN NO EVENT WILL Ashop OR ITS MEMBERS, DIRECTORS, OFFICERS, EMPLOYEES AND AGENTS BE LIABLE FOR ANY DAMAGES WHATSOEVER, INCLUDING, BUT NOT LIMITED TO ANY DIRECT, INDIRECT, GENERAL, SPECIAL, COMPENSATORY, INCIDENTAL, CONSEQUENTIAL, EXEMPLARY OR OTHER DAMAGES ARISING OUT OF (I) YOUR CONDUCT OR ANYONE ELSE IN CONNECTION WITH USE OF THE SITE, THE SERVICES OR THIS AGREEMENT (II) INABILITY TO USE THE SITE, THE SERVICES, THE Ashop CONTENT OR ANY OTHER CONTENT, (III) ANY TRANSACTION CONDUCTED THROUGH OR FACILITATED BY THE SITE; (IV) ANY CLAIM ATTRIBUTABLE TO ERRORS, OMISSIONS, OR OTHER INACCURACIES IN THE SITE, THE SERVICES, THE Ashop CONTENT AND/OR ANY OTHER CONTENT, (V) UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR INFORMATION, STOREFRONT OR DATA, OR (VI) ANY OTHER MATTER RELATING TO THE SITE, THE SERVICES, Ashop CONTENT OR ANY OTHER CONTENT, EVEN IF Ashop HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IF YOU ARE DISSATISFIED WITH THE SITE, THE SERVICES, Ashop CONTENT OR ANY OTHER CONTENT, OR WITH THE TERMS OF USE, YOUR SOLE AND EXCLUSIVE REMEDY IS TO CEASE USING THE SITE. SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, AND THEREFORE SOME OF THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU. IN SUCH STATES Ashop’S LIABILITY IS LIMITED AND WARRANTIES ARE EXCLUDED TO THE GREATEST EXTENT PERMITTED BY LAW, BUT SHALL, IN NO EVENT, EXCEED $100.00.

IF YOU HAVE A DISPUTE WITH ONE OR MORE BUYERS, YOU RELEASE US (AND OUR MEMBERS, DIRECTORS, OFFICERS, EMPLOYEES AND AGENTS,) 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 DISPUTE.

YOU AGREE TO INDEMNIFY AND HOLD Ashop (AND OUR MEMBERS, DIRECTORS, OFFICERS, EMPLOYEES AND AGENTS), HARMLESS FROM ANY CLAIM OR DEMAND, INCLUDING ATTORNEY FEES, MADE BY ANY THIRD PARTY DUE TO OR ARISING OUT OF (A) YOUR BREACH OF THIS AGREEMENT, OR YOUR VIOLATION OF ANY LAW OR THE RIGHTS OF A THIRD PARTY OR MADE BY ANY THIRD PARTY DUE TO OR ARISING OUT OF GOODS OR SERVICES OFFERED FOR SALE OR ACTUALLY PURCHASED OR THE THIRD PARTY CONTENT OR OTHER CONTENT YOU SUBMIT, POST OR MAKE AVAILABLE THROUGH OR ON A STOREFRONT AND (B) YOUR USE, MISUSE, OR INABILITY TO USE THE SITE, THE SERVICES, OR THE Ashop CONTENT OR ANY VIOLATION BY YOU OF THIS AGREEMENT.

YOU HEREBY FURTHER RELEASE Ashop (AND OUR MEMBERS, DIRECTORS, OFFICERS, EMPLOYEES AND AGENTS) FOR ALL ACTIONS OR INACTIONS OF OTHER USERS, INCLUDING GOODS AND SERVICES ADVERTISED OR SOLD. YOU AGREE THE SITE IS DESIGNED TO PERMIT PARTIES TO ENTER INTO TRANSACTIONS FOR ALL KINDS OF GOODS AND SERVICES AND OTHER ACTIVITIES. Ashop HAS NO CONTROL OVER AND DOES NOT GUARANTEE THE QUALITY, SAFETY OR LEGALITY OF THE GOODS OR SERVICES ADVERTISED, THE TRUTH OR ACCURACY OF THE INFORMATION SET FORTH IN THE STOREFRONTS, THE ABILITY OF SELLERS TO SELL ITEMS, THE ABILITY OF BUYERS TO PAY FOR ITEMS, OR THAT A BUYER OR SELLER WILL ACTUALLY COMPLETE A TRANSACTION.

If a dispute arises between You and Ashop, We will seek to resolve the dispute as quickly as commercially reasonable. Before resorting to legal proceedings, You must first contact Us directly and work with Us to resolve a dispute. If a dispute cannot be resolved by You and We, You will have the option to pursue a claim (a "Claim") against Ashop in accordance with one of the options provided below or as We and You otherwise agree in writing.

This Agreement shall be governed in all respects by the laws of Australia as they apply to agreements entered into and to be performed entirely within Australia by Australian residents, without regard to conflict of law provisions.

Option One - For any Claim (excluding claims for injunctive or other equitable relief) where the total amount of the award sought is less than $20,000, the party requesting relief may elect to handle the Claim in a cost effective manner through binding non-appearance-based arbitration. In the event a party elects arbitration, they shall initiate such arbitration through an established alternative dispute resolution ("ADR") provider mutually agreed upon by the parties in the Sydney, New South Wales area. The ADR provider and the parties must comply with the following rules: a) the arbitration shall be conducted by telephone, online and/or be solely based on written submissions, the specific manner shall be chosen by the party initiating the arbitration; b) the arbitration shall not involve any personal appearance by the parties or witnesses unless otherwise mutually agreed by the parties; and c) the arbitrator’s decision shall be final and not appealable to any court or any other tribunal or arbitrator(s), and shall be entered and enforceable as a judgment in a court of competent jurisdiction in Sydney, New South Wales..

Option Two - For any other Claim other than a Claim which qualifies and is opted for by a party under option one above, such Claim may be submitted by either You or Us for arbitration. Such arbitration proceedings will be conducted in Sydney, New South Wales.

Ashop retains the right to limit, suspend, or terminate Services for any user, prohibit access to the Site and take other actions deemed appropriate by Ashop to keep users off the Site if We conclude a user is in violation of the Terms or other agreement with Ashop.

You agree to comply with all applicable domestic and international laws, statutes, ordinances and regulations regarding Your use of the Services and the Site and Your listing, sale, acquisition, advertising of offers to sell and purchase goods and services.

You and Ashop are independent of one another and consequently, no agency, partnership, joint venture, employee-employer or franchisor-franchisee relationship is intended or created by this Agreement.

These Terms are effective 11th December, 2013, for current users, and upon use of the Site by a new user. We reserve the right to modify or terminate the Services for any reason, without notice, at any time. We reserve the right to alter or amend these Terms or other Site policies at any time. Any notices of termination or modification to the Services or the Terms will take effect when set forth on the Site. When using particular Services on the Site, You are subject to any unique posted policies or rules applicable to specific Services You use through the Site, which may be posted from time to time. All such policies or rules are hereby incorporated into this Agreement. This Agreement as supplemented by such other additional agreements for specific Services, sets forth the entire understanding and agreement between Us with respect to the subject matter hereof.

Any responsibilities or obligations of a User which accrue or arise during the term of this Agreement shall survive the termination of this Agreement until fully satisfied by You.