1. Introduction

Welcome to OZSHANTI. By using the OZSHANTI.com.au website and any related service or tool you agree to the following terms with OZSHANTI. If you have any questions, please contact enquiries@ozshanti.com.au

The entity you are contacting with is:

OZROLO GROUP PTY LTD – Level 14, 275 Alfred Street, North Sydney NSW 2060

By using the platform, you agree to be bound by this agreement which forms a binding contractual agreement between you, the Vendor, and us,OZROLO GROUP PTY LTD trading under the business name OZSHANTI, ABN 86 649 678 580 (OZSHANTI, we or us).

2. Scope

Before using the OZSHANTI services, you must read and accept all of the terms in, and linked to, this Vendor Agreement (“Agreement”) and the OZSHANTI Privacy Policy. We strongly recommend that, as you read this Vendor Agreement, By accepting this Vendor Agreement, you agree that this Vendor Agreement and OZSHANTI Privacy Policy  will apply whenever you use the OZSHANTI services, or when you use the tools we make available to interact with the OZSHANTI services.

3. Using OZSHANTI

While using the OZSHANTI services, you will not:

• • • post content or items in inappropriate categories or areas on our sites and services;
    • Upload fake documents or identification upon registration;
    • use the OZSHANTI services if you are not able to form legally binding contracts, are under the age of 18 or are suspended from using the OZSHANTI services;
    • fail to deliver items purchased from you, unless the buyer fails to meet the posted terms or you cannot authenticate the buyer’s identity;
    • manipulate the price of any item or interfere with other users’ listings;
    • circumvent or manipulate our fee structure, the billing process, or fees owed to OZSHANTI;
    • post false, inaccurate, misleading, defamatory or offensive content (including personal information);
    • take any action that may undermine the Feedback or ratings systems (such as displaying, importing or exporting Feedback information or using it for purposes unrelated to OZSHANTI);
    • transfer your OZSHANTI account (including Feedback) and user ID to another party without our consent;
    • distribute or post spam, unsolicited or bulk electronic communications, chain letters or pyramid schemes;
    • distribute viruses or any other technologies that may harm OZSHANTI or the interests or property of OZSHANTI users;
    • export or re-export any OZSHANTI tools except in compliance with the export control laws of any relevant jurisdictions;
    • copy, modify or distribute rights or content from the OZSHANTI services or OZSHANTI’s copyrights and trademarks; or
    • harvest or otherwise collect information about users, including email addresses, without their consent.

4. Abusing OZSHANTI

OZSHANTI and its community of users (“the Community”) work together to keep our sites and services working properly and the Community safe. Please report problems, offensive content, and policy violations to us.

OZSHANTI works to ensure that listed items do not infringe upon the copyright, trademark or other intellectual property rights of third parties. If you believe that your intellectual property rights have been violated, please notify us and we will investigate.

Without limiting other remedies, we may limit, suspend or terminate our service and user accounts, prohibit access to the OZSHANTI services, delay or remove hosted content, remove, delete, modify or not display listings, apply fees and/or recover our expenses for policy monitoring and enforcement, and/or take technical and legal steps to keep users off the sites if we think that they are creating problems or possible legal liabilities, infringing the intellectual property rights of third parties or acting inconsistently with the letter or spirit of our policies (for example, and without limitation,  conducting off-OZSHANTI transactions, Feedback manipulation, circumventing temporary or permanent suspensions or users who we believe are harassing our employees or other users).

Additionally, we may, in appropriate circumstances and at our reasonable discretion, suspend or terminate accounts of users who may be repeat infringers of intellectual property rights of third parties. We also reserve the right to cancel unconfirmed accounts or accounts that have been inactive for a long time, or to modify or discontinue OZSHANTI services.

If you are a seller and you offer or reference your contact information or ask a buyer for their contact information in the context of buying or selling outside of OZSHANTI, you may be liable to pay a final value fee applicable to that item.

5. Pricing scheme, Fees and services

Joining OZSHANTI and listing items is free. We do not charge fees for using our platform or listing items.

Vendors are highly encouraged to set your prices competitively. You may take into account the pricing of other vendors on OZSHANTI but you may not contact another seller to coordinate pricing in any way. We encourage you to sell your products at the same or lower rate to RPP to maximize the benefits of OZSHANTI e-store.

OZSHANTI will charge an admin fee of 25% of the product price sold. This pricing scheme applies to all products on OZSHANTI regardless of promotion, sale or regular priced products. Please keep in mind that prices advertised on OZSHANTI as seen on checkout MUST be equal or less than prices found on your retail shops or other websites. OZSHANTI will issue payments to vendors on the 1st and 15th of every month for sales generated, Sales cutoff date will be 7 days prior to payment date. Funds will be transferred electronically to the vendors’ nominated financial institution as recorded during vendor registration. This information however can be updated at anytime. Please allow up to 5 business days for any changes to take effect.

If you offer or reference your contact information or ask a buyer for their contact information in the context of buying or selling outside of OZSHANTI, you will be liable to pay a final value fee applicable to that item. Failure to comply with OZSHANTI’s Vendor agreement may result in OZSHANTI charging you additional fees, and/or limiting, restricting, suspending, or downgrading your vendor account.

Unless otherwise stated, all fees are quoted in Australian Dollars. You are responsible for paying all fees and applicable taxes associated with our site and services in a timely manner with a valid payment method. If your payment method fails or your payment is past due, we (or one of our affiliates) may collect amounts owed using other collection mechanisms, including charging other payment methods on file with us, retaining collection agencies and legal counsel, using any credits on your account and, for accounts over 180 days past due, requesting that or to deduct the amount owed from or OZSHANTI holding (escrow) account. In addition, you will be subject to late fees. In the event that your payment method fails or your payment is past due, we may also limit or suspend the services which OZSHANTI provides to you, including by not displaying your listings.

6. Content

When you upload content to the OZSHANTI website or otherwise give us content, you grant us a non-exclusive, worldwide, perpetual, irrevocable, royalty-free, sub licensable (through multiple tiers) right to exercise any and all intellectual property rights (including copyright and trademark rights you have in the content, in any media known now or in the future and for any other purpose.

If you are the author of that content, you also irrevocably and unconditionally consent, to the maximum extent permitted by law (either present or future), to OZSHANTI and its licensees, contractors, assignees and successors, and their licensees and any other person authorised by any of them (“OZSHANTI Authorised Persons”):

(a) disclosing, reproducing, copying, adapting, publishing, performing, exhibiting, communicating, renting, transmitting or otherwise using the content (and any adaptation or part of the content) anywhere in the world:

1. in whatever form and in whatever circumstances OZSHANTI and the OZSHANTI Authorised Persons think fit, including adding to or otherwise altering the content (or any adaptation or part of the content); and
2. without making any identification of you as the author in relation to the content (or any adaptation or part of the content); and
3. OzRolo Group Pty Ltd and/or it’s associated businesses will now act as your distributor for your products to be exported globally. Vendors shall disclose a price for wholesale for associated products of interest. All negotiations/payments/shipment will be dealt by OzRolo Group Pty Ltd with Third party buyer; and

(b) doing anything or omitting to do anything in relation to the content (or any adaptation or part of the content) anywhere in the world that would otherwise infringe the moral rights, or any similar non-assignable, personal rights, that you might have.

For the convenience of vendors, we may offer catalogues of stock images, descriptions and product specifications that are provided by third parties (including OZSHANTI users). You may use catalogue content solely in connection with your OZSHANTI listings during the time your listings are on OZSHANTI.com.au.

While we try to offer reliable data, we cannot promise 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. If you choose to include catalogue content in your listings, you continue to be fully responsible for your listings and for ensuring that your listings are accurate, do not include misleading information and comply with this Vendor Agreement and all OZSHANTI policies. The catalogues may include copyrighted, trademarked or other proprietary materials. You agree not to remove any copyright, proprietary or identification markings included with the catalogues or create any derivative works based on catalogue content (other than by including them in your listings).

7. Trading on OZSHANTI and limitation of liability

While we strive to maintain a safe trading environment you accept that there are unfortunately sometimes risks when trading online and using our sites, including dealing with underage or fraudulent persons. You will not hold OZSHANTI responsible for other users’ content, actions or inactions, items they list or their destruction of allegedly fake items. You acknowledge that we are not an auctioneer. Instead, our sites are venues to allow vendors to sell just about anything, at any time, from Australia. We only facilitate sales transactions between buyers and vendors. We have no control over and do not guarantee the quality, safety or legality of items advertised, the truth or accuracy of users’ content or listings, the ability of vendors to sell items, the ability of buyers to pay for items or that a buyer or seller will actually complete a transaction or return an item. You should consider and use safe trading guidelines when trading online.

When you enter into a transaction you create a legally binding contract with another user. You must ensure that you comply with your obligations to that other member and are aware of any laws relevant to you as a seller. If another member breaches any obligation to you, you – not OZSHANTI – are responsible for enforcing any rights that you may have.

You alone, and not OZSHANTI, are responsible for ensuring that your listing and selling and any other activities conducted on our site are lawful. You must ensure that you comply with all applicable laws in Australia. You must also ensure that you strictly comply with this Agreement and the policies which form part of the Agreement.

We do not take ownership of the items at any time and do not transfer legal ownership of items from the seller to the buyer. Further, we cannot guarantee continuous or secure access to the OZSHANTI services, and their operation may be interfered with by numerous factors outside of our control. Accordingly, to the extent legally permitted, we exclude all implied warranties, terms and conditions. We 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 the OZSHANTI services.

To the extent that OZSHANTI is able to limit the remedies available under this Agreement, OZSHANTI expressly limits its liability for breach of a non-excludable statutory guarantee to the following remedies:

• • • the supply of the services again; or
    • the payment of the cost of having the services supplied again.

8. Release

If you have a dispute with one or more users, you release us (and our officers, directors, agents, subsidiaries, joint venturers 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.

9. Breach

Without limiting other remedies available to OZSHANTI 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 site (including but not limited to buying, selling and posting activities), temporarily suspend, indefinitely suspend or terminate your membership and refuse to provide our services to you, or require you to pay additional fees if:

• • • you have, or we believe that you have, breached this Agreement, which includes any of our Policies within OZSHANTI website in any way.
    • we are unable to verify or authenticate any information you provide to us;
    • we believe that your actions may cause loss or damage to or otherwise unlawfully harm you, our users, third parties or us, our related bodies corporate or affiliates, our directors, employees or agents; or
    • if we reasonably believe that any of your information (which includes an item listed on the site) is inappropriate or of an offensive nature.

For security, confidentiality and privacy reasons, we are not obligated to provide you or other members the details of any investigation that we conduct or any action which we take, in relation to your membership or your account other than those that are already provided to you by us.

10. Returns and Refunds

Buyers can request a return or report that they didn’t receive an item from their Purchase history.

If the buyer is requesting to return an item for “change of mind” (or “remorse”) reasons, the seller’s return policy as stated in the listing will apply – including which party is responsible for return postage costs. vendors may exercise their discretion to accept or deny a remorse return request if it falls outside their return policy. OZSHANTI however do not support “Change of mind” returns.

If an item is not received, an item differs significantly from the listing, or a seller doesn’t fulfil their return policy as stated in the listing, the Return/Refund Policy which is part of this Vendor Agreement and incorporated by reference, will apply. As stated in the policy, the cost of return postage for an item that is significantly not as described will usually be the seller’s responsibility.

Buyers and vendors agree to comply with the Return/Refund policy and acknowledge that we may automate some aspects of the returns process. You also acknowledge and agree that we may exercise our reasonable discretion to make a final decision on any case – including an item returned for remorse reasons – where a buyer and seller cannot come to an agreement. If we resolve a case in the buyer’s favour, the seller will be required to issue a full refund to the buyer (including original postage costs), either by reversal of the transaction processed by OZSHANTI for managed payments transactions, by automatic reversal of the transaction from the seller’s holding(escrow) account, or by reimbursing OZSHANTI in cases where we refunded the buyer directly.

As a seller, you authorise and instruct us:

• • • to automatically accept a return request on your behalf and provide a return postage label to the buyer, for return requests that fall within your returns policy or the OZSHANTI Return/Refund policy;
    • to place return postage costs on your seller invoice, in cases where you are responsible for paying return postage;
    • to request OZSHANTI to reverse the refund amount (in AUD currency) in cases where the transaction is cancelled or the buyer returns an item in accordance with your listing’s return policy;
    • to request OZSHANTI to collect or reverse variable amounts (representing payments related to covered claims) to carry out a buyer reimbursement, including amounts in other currency holdings where you do not have sufficient funds available in the transaction currency;
    • to request OZSHANTI to restrict your access to funds (the restriction will apply up to a sum equivalent to the cost of the item and original postage costs paid by the buyer) at any point during the resolution process (which may result in OZSHANTI determining to restrict your access to funds in order to manage their risk exposure pursuant to their policies;
    • to recover the amount we pay to the buyer (in cases where we refund the buyer directly) by placing the reimbursement amount on your seller invoice and charging the payment method you selected; and
    • to use credits on your escrow account to pay for amounts you owe to OZSHANTI.

You acknowledge and agree that your sub licensable above will or may be made on a recurring basis and on various dates as required by us to facilitate returns on OZSHANTI and implement the terms of the OZSHANTI Return Refund policy.

You must have a financial institution on file with OZSHANTI and you may change this information at any time.

We reserve the right to fix any processing errors we discover. We will correct any processing errors by debiting or crediting the payment method used for the refund or reimbursement or instructing OZSHANTI to deduct the outstanding amount from the proceeds of sales we hold on your behalf.

Please refer to the OZSHANTI Return/Refund policy for more details.

11. Faulty/Broken or item not matched with Product Description.

Vendors are to offer replacement or alternative solutions for all faulty/broken products or items that do not match their product descriptions. Vendors are to bear the return shipping cost for the broken/fault products, items not matched with their description if returned or to provide an acceptable alternative. In an event where the product cannot be replaced or no solution is found, OZSHANTI will refund the buyer with the full price plus postage and Vendors will reimburse OZSHANTI for the full payment as described in Clause 10.

12. Restricting funds

We reserve the right to manage the risks associated with providing you the Payment Services, by placing restrictions on your access to your funds when deemed necessary, as described in further detail below.

You agree that we may place holds on your funds or instruct a payment service provider to hold your funds, prior to disbursement. Each hold may be based on factors including selling history, seller performance, returns, chargebacks, riskiness of the listing category, transaction value, the ability to make direct debits from your Linked Financial Account, or the filing of refund claims. We also may cancel or freeze the settlement of your proceeds as necessary for fraud, risk management, or compliance purposes. In these situations, we will notify you of our decisions by email.

When your OZSHANTI account is closed, we may retain an amount that we reasonably believe may be necessary to pay for any refunds, reimbursements, or other payments associated with returns, Disputes, or other post-transaction activities. Unless otherwise required by law, we will settle any unused retained amounts to your Linked Financial Account within 180 days of your OZSHANTI account closure.

Your bank’s holds and settlement procedures may at times cause delays in the settlement of funds to your Linked Financial Account, and we do not have control over these delays.

13. Access and interference

The sites contain robot exclusion headers. Much of the information on the sites is updated on a real-time basis and is proprietary or is licensed to OZSHANTI by our users or third parties. You agree that you will not use any robot, spider, scraper or other automated means to access the OZSHANTI services for any purpose without our express written permission.

Additionally, you agree that you will not:

• • • take any action that imposes or may impose (in our sole discretion, exercised reasonably) an unreasonable or disproportionately large load on our infrastructure;
    • copy, reproduce, modify, create derivative works from, distribute or publicly display any content (except for your information) from the sites without the prior express written permission of OZSHANTI and the appropriate third party, as applicable;
    • interfere or attempt to interfere with the proper working of the sites, services or tools, or any activities conducted on or with the sites, services or tools; or
    • bypass our robot exclusion headers or other measures we may use to prevent or restrict access to the sites.

14. Listing conditions

By listing an item on OZSHANTI, you are given an e-store to advertise/sell your products. vendors have the freedom to modify/edit or add product listings at any time. OZSHANTI strongly encourages vendors to create promotions or sales from time to time. This creates competitiveness and better deals for buyers. You will not be charged for the e-store or product listing. However, this may change and we will give you 14 days advance notice ( ref Clause 5). You agree to assume full responsibility for the content of the listing and item offered, and accept the following listing conditions:

• • • When you list an item on OZSHANTI’s, your listing will be posted on OZSHANTI’s site and can be viewed in My OZSHANTI.
    • Your listing may not be immediately searchable by keyword or category for several hours (or up to 24 hours in some circumstances), so OZSHANTI can’t guarantee exact listing durations.
    • We may revise data in the OZSHANTI product catalogue to supplement, remove, or correct information; if your listing uses catalogue data that has been revised, those revisions may modify your listing accordingly.
    • Where your listing appears in search and browse results may be based on certain factors including listing format, title, keywords, price and postage cost, Feedback and detailed seller ratings.
    • Your listing will, at all times, comply with OZSHANTI rules and policies.
    • You must list your item in the most relevant category. When you list an item in two categories and there is a difference in final value fees between the categories, the higher final value fee will apply when your item sells.

Made In Australia Products (Only applies to vendors with Australian made Products)

To qualify your products to be listed as Australian made products, Please ensure that 60% of the said product is either made or manufactured here in Australia. Failure to comply will result in moving your product listing to “Australian business” category and not “Made In Australia” category.

15. Buying and selling internationally

Vendors can offer items for sale internationally by choosing to offer international postage option(s) when listing on OZSHANTI.com.au.

Vendors and buyers are responsible for complying with all laws and regulations applicable to the international sale, purchase and shipment of items.

As a seller,

You may choose to offer an international postage option (Zone 1-NZ, Zone 2-APAC, Zone 3-US and Canada, Zone 4-UK and Europe or Zone 5-Rest of the world). You may restrict international buyers from purchasing your items by adjusting your postage settings.

• • • You are responsible for complying with all laws and regulations applicable to the sale and delivery of items to international buyers and are responsible for paying all fees and applicable taxes or charges associated with OZSHANTI and services such as GST.
    • As part of OZSHANTI Services, we may offer certain programs, tools and site experiences of particular interest to vendors and International buyers, such as estimated local currency conversion and international postage calculation tools.

You authorise us to use automated tools to translate your OZSHANTI content and member-to-member communications, in whole or in part, into local languages where such translation solutions are available. We may provide you with tools which will enable you to translate content at your request. The accuracy or availability of any translation is not guaranteed.

16. Tax on consumer purchases

Vendors are responsible for all applicable taxes including GST. OzShanti will not be paying GST on products sold. If you have any questions or require more information about your tax obligations, please contact the Australian Taxation Office, your local tax or customs authority, or seek independent tax advice.

17. Closing your account

You may close your OZSHANTI account at any time, subject to:

• • • not having any outstanding items listed on the website; and
    • resolving any outstanding matters (such as a suspension or restriction on your account); and
    • paying any outstanding fees owing on the account.

18. Privacy

We do not provide your personal information to third parties for their marketing purposes without your explicit consent. We use your information only as described in the OZSHANTI Privacy Policy. We view protection of users’ privacy as a very important community principle. You can access and modify the information you provide us and choose not to receive certain communications by signing in to your account. We use third parties to verify and certify our privacy principles. For a complete description of how we use and protect your personal information, see the OZSHANTI Privacy Policy. If you object to your information being transferred or used in this way please do not use our services.

Privacy of Others; Marketing

If OZSHANTI provides you with information about another user you agree you will use the information only for the purposes it is provided to you. You may not disclose, sell, rent or distribute a user’s information to a third party for purposes unrelated to the Services. Additionally, you may not use information for marketing purposes, via electronic or other means, unless you obtain the consent of the specific user to do so.

19. Indemnity

You will indemnify us (and our officers, directors, agents, subsidiaries, joint ventures and employees) against any claim or demand, including legal fees and costs, made against us by any third party due to or arising out of your breach of this Agreement, or your infringement of any law or the rights of a third party in the course of using the OZSHANTI services.

20. Notices and Disputes

Legal notices must be served to OZROLO GROUP’s registered address (in the case of OZSHANTI) or to the email address you provide to OZSHANTI during the registration process (in your case).

OZROLO GROUP PTY LTD – Level 14, 275 Alfred Street, North Sydney NSW 2060

Notice will be deemed given 24 hours after email is sent, unless the sending party is notified that the email address is invalid or that the email has not been delivered. Alternatively, we may give you legal notice by mail to the address provided by you during the registration process. In such a case, notice will be deemed given three days after the date of mailing.

If a dispute arises between you and OZSHANTI, our goal is to provide you with a neutral and cost effective means of resolving the dispute quickly. We strongly encourage you to first contact us to seek a resolution. We will consider reasonable requests to resolve the dispute through alternative dispute resolution procedures, such as mediation or arbitration, as alternatives to litigation.

Law and forum for legal disputes

This Agreement will be governed in all respects by the laws of New South Wales. We encourage you to try and resolve disputes using certified mediation (such as online dispute resolution processes). If a dispute cannot be resolved then you and OZSHANTI irrevocably submit to the non-exclusive jurisdiction of the courts of New South Wales, Australia.

22. Additional terms

It is important to read and understand all our policies as they provide the rules for trading on the OZSHANTI site. You should read the OZSHANTI rules and policies overview to see the rules that apply to you. In addition there may be specific policies or rules that apply, and it is your responsibility to check our policies to make sure you comply.

Our policies, including all policies referenced in them, are part of this Agreement and provide additional terms and conditions related to specific services offered on our sites, including but not limited to:

• • • Privacy Policy
    • Return/refund policy
    • Shipping policy
    • Terms & Conditions

Each of these policies may be changed from time to time. Changes take effect when we post them on the OZSHANTI.com.au site. When using particular services on our sites, you are subject to any posted policies or rules applicable to services you use through the sites, which may be posted from time to time. All such policies or rules are incorporated into this Vendor Agreement.

23. General

OZSHANTI is located at Level 14, 275 Alfred Street, North Sydney NSW 2060

If any provision of this Agreement is held to be invalid or unenforceable, such provision will be severed and the remaining provisions will remain in effect. In our sole discretion, we may assign our rights and obligations under this Agreement to another entity. Headings are for reference purposes only and do not form part of this Agreement. Our failure to act on a breach by you or others doesn’t waive our right to act on subsequent or similar breaches.

We may amend this Agreement at any time by posting the amended terms on OZSHANTI.com.au. We will also notify you of any material amendments through to the email address linked to your account. Except as stated elsewhere, all amended terms will automatically be effective 30 days after they are initially posted. If you do not accept the changes you should close your account in accordance with Clause 17 of this Agreement.

This Agreement contains the entire understanding and agreement between you and OZSHANTI. The following Clauses survive any termination of this Agreement: Fees and Services (with respect to fees owed for our services), Release, Content, Liability, Indemnity and Legal Disputes.