• 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 contracting 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 User, and us, OZROLO GROUP PTY LTD trading under 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 Terms & Conditions (“Agreement”) and the OZSHANTI Privacy Policy. We strongly recommend that you read this Terms & Conditions. By accepting this Agreement, you agree that this Agreement and User 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;
    • infringe any laws, third party rights, or our policies,
    • 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 payment for items purchased by you, unless the seller has materially changed the item’s description after you buy, a clear typographical error is made or you cannot authenticate the seller’s identity;
    • 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.

5. Fees and services

Joining OZSHANTI is free of charge. We do not charge fees for using our platform.

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, sublicensable (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 OZROLO, 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:

(i) 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

(ii) without making any identification of you as the author in relation to the content (or any adaptation or part of the content); 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.

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 Agreement and all OZSHANTI policies.

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 anyone to offer, sell, and buy just about anything, at any time, from anywhere, in a variety of pricing formats and locations, such as Stores, fixed price formats and auction-style formats. We are not a party to the sales transaction between buyers and sellers. 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 sellers 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 buyer or 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/refund or report that they didn’t receive an item on OZSHANTI.com.au.

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. Sellers may exercise their discretion to accept or deny a remorse return request if it falls outside their return policy.

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 User 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 sellers 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, 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 buyer, you will be precluded from bringing an OZSHANTI Return/Refund claim if you already have made or filing a chargeback with your card issuer in respect of the same transaction. We may suspend the OZSHANTI Return/Refund policy in whole or in part without notice if we suspect abuse or interference with the proper working of the policy, or for commercial reasons.

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

11. 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.

12. Buying and selling internationally

Sellers and buyers are responsible for complying with all laws and regulations applicable to the international sale, purchase and shipment of items. International buyers are urged to check with their local laws and customs regulations before purchasing any products from OZSHANTI.com.au. for compliance and conformity.

You authorize 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.

13. Tax on consumer purchases

Buyers and sellers are generally responsible for any Goods and Services Tax (GST), sales tax, or other taxes that apply to items bought on OZSHANTI. 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.

In any jurisdiction where OZSHANTI has an obligation to collect tax on consumer purchases:

• • • OZSHANTI may add the applicable tax to the item price displayed to the buyer;
    • OZSHANTI will display the tax amount at checkout once the buyer’s order and delivery address are confirmed, and this will be included in the order total paid by the buyer;
    • OZSHANTI will collect this amount via any means available to us and remit the tax to the relevant authority.

For more details, please see our Tax policy.

As a buyer, you acknowledge and agree that tax may apply on top of the seller’s item price, and that you will have the opportunity to review this before finalising your order.

14. 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.

15. 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.

16. Indemnity

You will indemnify us (and our officers, directors, agents, subsidiaries, joint venturers 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.

17. Notices and Disputes

Legal notices must be served to OZSHANTI’s registered address (in the case of OZROLO) 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.

18. Legal disputes

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. If your dispute is not resolved by contacting us, all legal notices and formal disputes should be sent to OZSHANTI’s registered agent in accordance with Clause 17 above. 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.

19. Additional terms

It is important to read and understand all our policies as they provide the rules for trading on the OZSHANTI site.

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

Each of these policies may be changed from time to time. Changes take effect when we post them on the OZSHANTI.com.au site.

20. General

OZROLO GROUP PTY LTD 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 directly 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 14 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.