In these Terms, 'us', 'we', 'our', ‘HOORAY!’, and ‘HOORAY! Marketplace’ means Handmade Australia Group Pty Ltd. ‘You’ means any user of our website, or a Buyer or Seller utilising the Marketplace, as appropriate.
You agree that we may update these Terms at any time on 30 days written notice. In the event that you do not agree to these Terms or to any update to these Terms your sole recourse is to cease using the Marketplace and our services.
We operate a marketplace service via our website where we connect “Buyers” (being a person who purchases a good or service) and “Sellers” (being a person who sells a good or service) (the “Marketplace”). We facilitate transactions between Buyers and Sellers, and provide assistance in relation to customer service, payment, fulfilment, and refunds. While we do provide this assistance, we are not a direct party to the transaction between a Buyer and a Seller under these Terms.
To create an account, or to otherwise transact via the HOORAY! Marketplace, you must be:
(a) at least 18 years of age;
(b) possess the legal right and ability to enter into a legally binding agreement with us and with other users of the HOORAY! Marketplace; and
(c) agree and warrant to use the website and Marketplace in accordance with these Terms.
If you do not satisfy the above criteria you should not register an account or otherwise attempt to transact via the Marketplace.
Buyers do not need to register an account with us to be able to buy most products from the Marketplace. However, you may need to be a registered member to place certain orders via the Marketplace, or access certain features of our website. Sellers must create an account with us in accordance with the Seller Terms to be able to sell products via the Marketplace.
When you register and activate your account, we will provide you with a username and password. You are responsible for keeping this username and password secure and are responsible for all use and activity carried out under this username.
We may disclose that information to third parties that help us deliver our services (including information technology suppliers, communication suppliers, our business partners, and Buyers and Sellers as relevant) or as required by law. If you do not provide this information, we may not be able to provide all of our goods and services to you or enable you to place orders via the Marketplace.
We provide the Marketplace to enable Buyers and Sellers to enter into transactions for the sale of goods and services. While we do limit Seller access to the Marketplace, we do not review all materials and advertisements that are made available via the Marketplace and do not warrant the accuracy or currency of any such materials or advertisements
All users agree that when they enter into a transaction for the sale and purchase of a good or service a legally binding agreement is formed between the Buyer and Seller. Each user agrees to comply with its obligations under those agreements as formed from time to time.
Buyers do not have to create an account with HOORAY! Marketplace in order to make purchases, however there may be advantages to Buyers in doing so, such as maintenance of consolidated order records, and refund and return label creation. Buyers who do not register an account will be able to transact using the standard “Guest Checkout” functionality. Buyers who do not register an account may be restricted from purchasing certain types of goods and services via the Marketplace.
Buyers may purchase goods or services from Sellers via the Marketplace. The contract for the sale of the goods or services entered into via the Marketplace is solely as between the Buyer and Seller, and we will not have any liability to a Buyer or Seller in relation to a sale transaction other than as expressly set out in these Terms or otherwise to the extent such liability cannot be excluded by law.
We do not charge fees to Buyers for the use of the Marketplace. Prices displayed on the Marketplace are set by Sellers and are inclusive of GST.
Buyers acknowledge and agree that goods and services available via the Marketplace are sold by Sellers and not by us. Accordingly, we have no liability to Buyers in respect of such goods and services other than as expressly set out in these Terms.
We exclude all liability in relation to goods and services sold via the Marketplace, to the fullest extent possible at law. To the extent we have any liability to a Buyer in respect of such goods and services our liability is limited to the amount paid by the Buyer for the relevant product service.
Buyers and Sellers each acknowledge that payment functionality of the Marketplace is provided by PayPal. Payment for goods and services purchased via the marketplace can be made via PayPal (which accepts a variety of credit cards and direct debits) or directly via Visa or Mastercard.
We are the merchant of record in relation to all transactions undertaken via the Marketplace. This means that payments are processed via our account and refunds will be issued by us. It is a condition of the use of the Marketplace that all transactions are managed and processed by us. Buyers and Sellers agree that we have no liability to Buyers and Sellers to the extent such liability arises out of any act or omission of PayPal or any other third-party payment processor.
When a Buyer enters into a transaction via the Marketplace we will debit the Buyer’s nominated payment method for the full transaction amount. Transactions will be recorded on the Buyer’s statement as being from Handmade Australia Group Pty Ltd. We will deal with transaction funds and account to Sellers in accordance with the Seller Terms.
HOORAY! Marketplace Vouchers entitle the holder to an amount of credit within the Marketplace that may be used to purchase goods or services from any Seller. HOORAY! Marketplace Vouchers cannot be returned or exchanged for cash.
HOORAY! Marketplace Vouchers are valid for a period of 36 months from the date of issue. In the event the full voucher amount has not been expended in the Marketplace at the conclusion of that 36 month period the remaining amount becomes null and void. HOORAY! Marketplace Vouchers may be subject to additional terms and conditions notified at the time of issue.
Returns, Refunds and Exchanges are available in accordance with the Refunds and Returns section below of these terms and conditions.
Where there is a dispute between a Buyer and Seller you should seek to resolve the dispute directly in the first instance. If you are unable to resolve the dispute you should notify us of the existence of the dispute and we may, but are not obligated to, assist in resolving the dispute. If we agree to become involved in any dispute and make a determination in relation to such dispute Buyers and Sellers agree that our determination is final.
You release us from all claims, demands, loss, liability, expenses, and damage (whether direct or indirect) arising out of any dispute between a Buyer and Seller.
Where there is a dispute between a Buyer or Seller and us please contact us at firstname.lastname@example.org to seek a resolution. If we are unable to resolve the dispute either party may refer the dispute for mediation in the ACT. If the dispute cannot be resolved via mediation then either party may take such further action as it deems appropriate, including the commencement of legal proceedings without further notice.
Title and risk in goods purchased via the Marketplace passes upon delivery (including, for the avoidance of doubt, where a package is left at a Buyer’s notified address by a carrier with the authorisation of the Buyer).
The information on our website (and Marketplace) is not comprehensive and is intended to provide a summary of the subject matter covered. While we use all reasonable attempts to ensure the accuracy and completeness of the information on our website, to the extent permitted by law, including the Australian Consumer Law, we make no warranty regarding the information on the website (including the Marketplace). You should monitor any changes to the information contained on the website.
We are not liable to you or anyone else if interference with or damage to your computer systems occurs in connection with the use of the website, the Marketplace, or a linked website. You must take your own precautions to ensure that whatever you select for your use from our website is free of viruses or anything else (such as Trojan horses or worms) that may interfere with or damage the operations of your computer systems.
We may, from time to time and without notice, change or add to the website and/or Marketplace (including the Terms) or the information, products or services described in it. However, we do not undertake to keep the website updated. We are not liable to you or anyone else if errors occur in the information on the website or if that information is not up to date.
For certain campaigns, promotions or contests, additional terms and conditions may apply. If you want to participate in such a campaign, promotion or contest, you need to agree to the relevant terms and conditions applicable to that campaign, promotion or contest. In case of any inconsistency between such terms and conditions and these Terms, those terms and conditions will prevail.
You acknowledge that certain services (including Marketplace functionality) are provided on our behalf by third parties. Our website may contain links to websites operated by third parties. Those links are provided for convenience and may not remain current or be maintained. Unless expressly stated otherwise, we do not endorse and are not responsible for the content on those linked websites and have no control over or rights in those linked websites.
Unless otherwise indicated, we own or license from third parties all rights, title and interest (including copyright, designs, patents, trademarks and other intellectual property rights) in this website, the Marketplace, and in all of the material (including all text, graphics, logos, audio and software) made available on this website and the Marketplace (Content).
Your use of this website and the Marketplace and use of and access to any Content does not grant or transfer any rights, title or interest to you in relation to this website or the Content. However we do grant you a license to access the website and Marketplace and view the Content on the terms and conditions set out in this Agreement and, where applicable, as expressly authorised by us and/or our third party licensors.
Any reproduction or redistribution of this website, the Marketplace, or the Content is prohibited and may result in civil and criminal penalties. In addition, you must not copy the Content to any other server, location or support for publication, reproduction or distribution is expressly prohibited.
You may not modify, copy, distribute, transmit, display, perform, reproduce, publish, license, commercially exploit, create derivative works from, transfer, or sell any Content, software, products or services contained within this website or the Marketplace. All other use, copying, or reproduction of this website, the Marketplace, the Content, or any part of any of them is prohibited, except to the extent permitted by law.
Other than as expressly provided in relation to Sellers, this website and the Marketplace is for your personal, non-commercial use only. Other than as expressly provided in relation to Sellers, you may not use this website, the Marketplace, or any of its Content, to further any commercial purpose, including any advertising or advertising revenue generation activity on your own website.
You must not do any act that we would deem to be inappropriate, is unlawful or is prohibited by any laws applicable to our website, including but not limited to:
If we allow you to post any information to our website, we have the right to take down this information at our sole discretion and without notice.
Our goods and services come with guarantees that cannot be excluded under the Australian Consumer Law. Nothing in these terms and conditions purports to modify or exclude the conditions, warranties and undertakings, and other legal rights, under the Australian Competition and Consumer Act and other laws. Any and all other warranties or conditions which are not guaranteed by the Australian Consumer Law or the Competition and Consumer Regulation 2010 are expressly excluded where permitted, including liability for incidental or consequential damages caused by breach of any express or implied warranty or condition.
To the maximum extent permitted by law, including the Australian Consumer Law, we make no warranties or representations about this website, the Marketplace, or the Content, including but not limited to warranties or representations that they will be complete, accurate or up-to-date, that access will be uninterrupted or error-free or free from viruses, or that this website will be secure.
We reserve the right to restrict, suspend or terminate without notice your access to this website, the Marketplace, any Content, or any feature of this website or Marketplace at any time without notice and we will not be responsible for any loss, cost, damage or liability that may arise as a result.
You agree that we are not liable to you in respect of the acts or omissions of other users of our website and that we do not guarantee the quality, safety, or legality of goods and services offered via the Marketplace. You agree that, subject to our rights to intercede under these Terms, you are responsible for enforcing the terms of any sale and purchase agreement formed under these Terms. You agree that you use the Marketplace at your own risk.
To the maximum extent permitted by law, including the Australian Consumer Law, in no event shall we be liable for any direct and indirect loss, damage or expense – irrespective of the manner in which it occurs – which may be suffered due to your use of our website, the Marketplace, and/or the information or materials contained on them, or as a result of the inaccessibility of this website or the Marketplace and/or the fact that certain information or materials contained on it are incorrect, incomplete or not up-to-date.
You must not assign or otherwise transfer your account with us to any third party without our prior written consent.
You indemnify us and will keep us indemnified from and against any and all costs, claims, losses, demands, damages, liabilities, or expenses, howsoever arising out of any breach by you of these Terms.
The warranties, indemnities, obligations of confidentiality, and dispute resolution provisions survive termination or expiry of this Agreement for any reason.
This Agreement (including any terms incorporated by reference) forms the entire agreement between each user and us in relation to its subject matter.
Your use of the website and these Terms are governed by the laws of the Australian Capital Territory (ACT) and you submit to the exclusive jurisdiction of the courts exercising jurisdiction in the ACT.
These Seller Terms, taken together with the Terms, form an agreement between us and each Seller in respect of the sale of goods and services by the Seller via the Marketplace. Each Seller agrees that we may update these Seller Terms at any time on 30 days written notice. In the event that the Seller does not agree to these Seller Terms or to any update to the Seller Terms the Seller’s sole recourse is to cease using the Marketplace and our services.
Prospective Sellers must express their interest in providing goods or services via the Marketplace by completing the online Expression of interest form here.
We will review each expression of interest and will use reasonable efforts to respond in writing within 14 days of receipt. Prospective Sellers agree that we may decline to allow any person to sell via the Marketplace at our sole discretion and that we are not obligated to provide reasons.
To sell products or services via the Marketplace the Seller must be located (that is, have its principal place of business) in Australia. Sellers must inform us if their principal place of business changes. By completing an expression of Interest to sell products on the marketplace you are acknowledging that your products meet the following criteria: your products are handmade in Australia and meet the following definitions:
Handmade - Of an original design, concept and product of your making.
In Australia - Your product/s are made, developed and produced in Australia, from Australian and/or imported ingredients or elements*.
*Note: If imported ingredients or elements are used, the product must meet the 'Substantial Transformation' test. Information Link - https://www.accc.gov.au/business/advertising-promoting-your-business/country-of-origin-claims/country-of-origin-labelling-faqs#what-s-the-definition-of-substantial-transformation
Where a Seller is approved to sell via the Marketplace these Seller Terms (as may be amended from time to time) apply in full as between us and the Seller unless we enter into a separate written agreement with the Seller.
Each Seller agrees to comply with the Seller Standards notified by us to the Seller from time to time and agrees that the Seller Standards form part of the agreement between us and the Seller.
Each Seller agrees that we may update the Seller Standards at any time upon 30 days written notice to the Seller. In the event that the Seller does not agree to the Seller Standards or to any update to the Seller Standards the Seller’s sole recourse is to cease using the Marketplace and our services.
Once approved, we will register the Seller on the Marketplace and will provide the Seller with a username and password. Sellers are responsible for keeping this username and password secure and are responsible for all use and activity carried out under this username.
We will review each product and service intended for sale via the Marketplace prior to the product or service being made available. Sellers agree that we may refuse to advertise any product or service at our discretion, without giving reasons.
Approval of a product or service does not constitute any approval, acknowledgement, or endorsement on our part that the sale of the product or service is legal in any jurisdiction or that the content of any Advertisement complies with applicable laws. It is the Seller’s sole obligation to make these determinations and to ensure compliance.
Sellers must not at any time sell or otherwise make available via the Marketplace any goods or services that cannot legally be sold in Australia.
In addition, we may notify Sellers of any category of restricted or prohibited goods or services at any time, in our discretion. We may remove an Advertisement for goods or services at any time if we believe the good or service:
(a) is a prohibited good or service; or
(b) is a restricted good or service and the good or service is not being sold by the Seller in accordance with the terms applicable to the sale of that good or service, or is otherwise not in compliance with any law.
Sellers may sell alcohol products via the Marketplace provided that:
(a) the Seller holds an appropriate liquor license in accordance with relevant legislation;
(b) the sale of the alcohol product complies with all applicable laws;
(c) all Advertisements relating to alcohol products are compliant with the Alcoholic Beverages Advertising Code; and
(d) the Seller uses a form of delivery for the alcohol product that requires the signature of a person over the age of 18.
Sellers may offer goods and services via the Marketplace from time to time by creating an advertisement for the product or service utilising the Marketplace functionality (each an “Advertisement”).
You grant us the non-exclusive, royalty-free, worldwide right for the duration of the Term of this agreement to use, store, edit, adapt, and display all materials you provide us in connection with any Advertisement (“Advertising Materials”) and/or your use of the Marketplace, including but not limited to your business name, logo, product details, and images.
Sellers must not make the sale of goods or services via the Marketplace subject to any other terms and conditions unless we have given our prior approval.
Prices for all goods and services Advertised via the Marketplace must be displayed in Australian Dollars and must be expressed inclusive of GST.
Each Seller agrees that it will fulfil each order as soon as is reasonably practicable following receipt of notification of the order and confirmation of receipt of payment by us.
In the event that fulfilment of an order will be delayed it is the Seller’s responsibility to contact the Buyer and to keep the Buyer and us reasonably informed of the status of the order. Each Seller acknowledges and agrees that the provisions of the Seller Refund Policy (as defined below) apply in respect of any delayed order, or any order that is unable to be fulfilled.
Risk and title in goods passes to the Buyer upon delivery including, for the avoidance of doubt, where a package is left at a Buyer’s notified address by a carrier with the authorisation of the Buyer). Sellers should take out insurance in respect of the loss or damage of any goods prior to delivery.
Each Seller agrees that all payments in relation to transactions made via the Marketplace will be made via PayPal. Sellers agree that transactions will be made via our Business PayPal account and we will hold the transaction proceeds in that account subject to these terms.
Each Seller must provide us with accurate and current:
(a) bank account details (the “Nominated Bank Account”); and
(b) credit card details (the “Nominated Credit Account”).
Each Seller authorises us to deposit all amounts payable to the Seller into the Nominated Bank Account and to charge and deduct from the Nominated Credit Account any and all amounts payable or otherwise owing to us.
In respect of each transaction conducted via the Marketplace we will:
(a) collect payment from the Buyer;
(b) deduct our applicable fees; and
(c) hold the remainder of each Payment (the “Net Payment”) on behalf of the Seller.
We will release the Net Payment to the Seller on the date that is not later than 7 days following the dispatch of the goods or provision of the services unless a refund, return, or exchange has been requested prior to that date, in which case we will retain the Net Payment until such time as the refund, return, or exchange has been processed. Sellers agree we may apply the Net Payment as required in relation to the refund, return, or exchange.
Our Fees include GST unless otherwise specified. Sellers are responsible for accounting for GST in respect of each sale transaction made via the Marketplace and release us from any liability in respect of the same.
This policy applies to all sellers registered on the marketplace and applies to all seller Advertisements.
Each Seller agrees to comply with the HOORAY! Marketplace Refunds and Exchanges Policy in place from time to time in relation to all sales made via the Marketplace or in relation to all transactions in relation to a relevant Advertisement.
Each Seller agrees that in the event of a refund relating to a faulty or incorrect product or service being delivered to the Buyer we remain entitled to our Transaction Fees in respect of the underlying transaction. Sellers agree that to the extent a refund cannot be processed to the full amount of the transaction value from any monies held by us on the Seller’s behalf we may charge the Seller’s Nominated Credit Account for the difference.
Sellers agree that we may on-charge to the Seller any fees or other costs we incur in connection with the giving of refunds or exchanges.
We will charge you an annual membership fee, a monthly subscription fee or a combination of both these fees in accordance with our notified Schedule of Fees from time to time. An initial, minimum, non-refundable commitment, based on the membership level chosen and as outlined in our Schedule of Fees is required, but in any case not for a period less than 6 months, following which any remaining fees will be debited from the Seller’s Credit Account on a monthly basis in advance.
Sellers agree that we are entitled to a percentage of the ex-GST value of each transaction concluded via the Marketplace as set out in our Schedule of Fees from time to time (the “Transaction Fee”), and that we may deduct the Transaction Fee from money held by us on the Seller’s behalf prior to remitting the balance to the Seller. If the money held by us is at any time insufficient to enable us to deduct our Transaction Fee Sellers agree that we may charge the difference to the Seller’s Nominated Credit Account.
Each Seller agrees that we may deduct, set-off, or otherwise apply any monies held by us on behalf of a Seller from or against any amounts owed to us by the Seller.
Each Seller warrants that:
(a) it has the capacity to enter into this agreement and all necessary corporate action has been taken to facilitate the entry into this agreement;
(b) it has the right, title, and ability to sell the goods and services it makes available for sale via the Marketplace;
(c ((In) all goods it makes available via the Marketplace are fit for purpose, of merchantable quality, may legally be made available in Australia, and are compliant with all relevant laws, regulations, and codes;
(d) all services it provides via the Marketplace will be delivered in a professional and workmanlike manner, will be fit for purpose, may legally be performed in Australia, and will be compliant with all relevant laws, regulations, and codes;
(e) it will comply with the Privacy Act 1988 (Cth) and the Australian Privacy Principles in connection with the collection, use, disclosure and other handling of personal information collected by the Seller in connection with transactions performed via the Marketplace or otherwise under this agreement;
(f) all information provided to us and/or displayed via the Marketplace is accurate and current and is not misleading or deceptive;
(g) it is able to grant us rights in the Advertising Materials and our use of the Advertising Materials will not infringe the rights (including intellectual property rights) of any third party; and
(h) it will act in good faith in relation to the Marketplace and hooraymarketplace.com at all times.
Each Seller indemnifies us and will keep us indemnified from and against any and all cost, claim, loss, demand, damage, liability, or expense howsoever arising out of:
(a) a breach of this agreement by the Seller; and
(b) the use by a Buyer of any goods or services sold by the Seller via the Marketplace.
We may suspend the operation of this agreement and/or a Seller’s access to the Marketplace immediately if we reasonably believe that the Seller is in breach of any of the terms of this Agreement.
A Seller may terminate this Agreement on 30 days written notice to us, but provided that the Seller remains obligated to fulfil any orders entered into prior to the effective date of termination. Each Seller agrees that the terms of this Agreement remain applicable in full to any such orders and that the balance of any annual fees and/or monthly subscriptions owing for the remainder of the 12 month period until renewal will be deducted from the nominated seller account.
We may terminate this Agreement at any time upon written notice to a Seller. Each Seller remains obligated to fulfil any orders entered into prior to the effective date of termination. Each Seller agrees that the terms of this Agreement remain applicable in full to any such orders.
We remain entitled to all rights and obligations accrued as of the date of termination. In particular, each Seller agrees that we remain entitled to payment of all outstanding Subscription Fees and Transaction Fees and that we may deduct all such outstanding amounts from amounts we hold on a Seller’s behalf or otherwise may charge the Seller’s Nominated Credit Account.