Terms and Conditions applicable to a buyer

These terms and conditions are the contract between you and K9 Sales Australia (“us”, “we”, etc). By visiting or using Our Website, you agree to be bound by them. Our suppliers may also impose additional terms and conditions to which your contract with them will be subject.

K9 Sales is a trade name of Monstera Pty Ltd (ABN 76 458 721 791) whose [registered office / address] is at located in Victoria

Under 18 years? Sorry, but we deal only with people who are legally able to enter into a binding contract. Please ask someone over 18 to buy your Product on your behalf.

If you use our Service, you do so in accordance with these terms. If you are unable to accept these terms, your only remedy is to leave Our Website and stop using any associated App.

1.            Definitions

2.            Our contract

• We do not offer Service in all countries. We may refuse service if you live in a country we do not serve.
• In entering into this contract you have not relied on any representation or information from any source except the definition and explanation of the Service given on Our Website.
• We are neither a buyer nor seller of Products offered for sale in any form. We are not either a principal or agent in a buying transaction.
• K9 Sales is a marketplace. We are agents of a Seller only to the extent of use of Our Website as a platform for sale of his Products and for collection and forwarding of your money. We are not responsible to you further than to take your money and pass it to the Seller.
• We welcome any comment or complaint about a Seller, which you make through Our Website. We may act upon a complaint in our discretion, for the benefit of the body of our members.
• We are not responsible for delivery of any Product you order or for the returns and repayment procedure should you decide to return a Product for any reason.
• In any dispute with a Seller, you should deal only with the Seller. We have neither legal obligation nor detailed information about the Product.
• We may change this agreement in any way at any time. The version applicable to your contract is the version which is Posted on Our Website at the time you buy a Product.

3.            Your account and personal information

• When you visit Our Website, you accept responsibility for any action done by any person using your name, account or password. You should take all necessary steps to ensure that the password is kept confidential and secure and should inform us immediately if you have any reason to believe that your password has become known to anyone else, or if the password is being, or is likely to be, used in an unauthorised manner.
• You agree that you have provided accurate, up to date, and complete information about yourself. We are not responsible for any error made as a result of such information being inaccurate.
• You agree to notify us of any changes in your information immediately it occurs. If you do not do so, we may terminate your account.

4.            The buying procedure

• K9 Sales is not responsible for the fulfilment of your contract to buy a Product.
• Prices listed on Our Website by Sellers are inclusive of any applicable sales tax.
• Unless it is clear to the contrary, you may assume that every sale is made by a Seller in the course of his business.
• Products may be offered for sale subject to any discount or promotion arranged between K9 Sales and the Seller.
• If, by mistake, we have under-priced a Product, we will not be liable to supply that Product to you at the stated price, provided that we notify you before we dispatch it to you.
• Subject to discounts and promotions, Products are offered for sale at a fixed price. GST may be due and will be either included in the price or shown separately. If not shown, it will not be charged.
• All Products will be subject to a delivery charge which will be shown at the pay point. The delivery charge will be fixed by the Seller for each Product offered for sale. It may be changed at the discretion of the Seller.
• Neither we nor the Seller can be responsible for action by any governmental authority. We do not know and are not responsible for duties, taxes, delays or impounding of any Product.
• Any detail given by us in relation to exchange rates is approximate only and may vary from time to time.
• For security purposes (yours and ours) we will not permit more than a maximum number of transactions with you in a given period of time.
• To make future use of Our Website easier and faster for you, we will retain the personal and delivery information you give to us. We will not retain information relating to your payment or credit card. This financial information never comes into our control. The information is given into a page which is in reality a page of our payment service provider. For details about disclosure of personal information please see our privacy notice.

5.            Acceptance

• Your order is an offer to buy from the Seller.
• Nothing said or done by the Seller is an acceptance of an order until the Seller actually dispatches the Product.
• At any time before a Product is despatched, the Seller may decline to supply the Product to you without giving any reason.

6.            How we handle your Content

• Our privacy policy is strong and precise. It complies fully with current privacy law which is at https://k9sales.com.au/privacy-policy.
• If you Post Content to any public area of Our Website it becomes available in the public domain. We have no control over who sees it or what anyone does with it.
• Even if access to your text is behind a user registration it remains effective in the public domain because someone has only to register and log in, to access it. You should therefore avoid Posting unnecessary confidential information.
• We need the freedom to be able to publicise our Services and your own use of them. You therefore now irrevocably grant us the right and licence to edit, copy, publish, distribute, translate and otherwise use any Content that you place on Our Website, in the public domain and in any medium. You represent and warrant that you are authorised to grant all such rights.
• We will use that licence only for commercial purposes of the business of Our Website and will stop using it after a commercially reasonable period of time.
• You agree to any act or omission which may otherwise infringe your right to be identified as the author and your right to object to derogatory treatment of your work as provided in the Copyright Act 1968.
• Posting Content of any sort does not change your ownership of the copyright in it. We have no claim over it and we will not protect your rights for you.
• You understand that you are personally responsible for your breach of someone else’s intellectual property rights, defamation, or any law, which may occur as a result of any Content having been Posted by you;
• You accept all risk and responsibility for determining whether any Content is in the public domain and not confidential.
• Notify us of any security breach or unauthorised use of your account.
• [We do not solicit ideas or text for improvement of our Service, but if you do send to us material of any sort, you are deemed to have granted to us a licence to use it in the terms set out at sub paragraph [five / number] above].

7.            Restrictions on what you may Post to Our Website

We have to regulate your use of Our Website to protect our business and our staff, to protect other users of Our Website and to comply with the law. This paragraph applies so far as we allow you to Post Content.

We do not undertake to moderate or check every item Posted, but we do protect our business vigorously. If we believe Content Posted breaches the law, we shall co-operate fully with the law enforcement authorities in whatever ways we can.

You agree that you will not use or allow anyone else to use Our Website to Post Content or undertake any activity which is or may:

• be unlawful, or tend to incite another person to commit a crime;
• consist in commercial audio, video or music files;
• be obscene, offensive, threatening, violent, malicious or defamatory;
• be sexually explicit or pornographic;
• be likely to deceive any person or be used to impersonate any person, or to misrepresent your identity, age or affiliation with any person;
• use a Posting to solicit responses unconnected with the purpose of Our Website or the terms proposed by this agreement;
• request or collect passwords or other personal information from another user without his permission, nor Post any unnecessary personal information about yourself;
• be used to sell any goods or services or for any other commercial use not intended by us, for you or for any other person. Examples are: sending private messages with a commercial purpose, or collecting information with the intention of passing it to a third party for his commercial use;
• include anything other than words (i.e. you will not include any symbols or photographs) except for a photograph of yourself in your profile in such place as we designate;
• facilitate the provision of unauthorised copies of another person’s copyright work;
• link to any of the material specified in this paragraph;
• use distribution lists that include people who have not given specific permission to be included in such distribution process;
• send age-inappropriate communications or Content to anyone under the age of 18.

8.            Your Posting: restricted content

In connection with the restrictions set out below, we may refuse or edit or remove a Posting which does not comply with these terms.

In addition to the restrictions set out above, a Posting must not contain:

• hyperlinks, other than those specifically authorised by us;
• keywords or words repeated, which are irrelevant to the Content Posted.
• the name, logo or trademark of any organisation other than yours.
• inaccurate, false, or misleading information.

9.            Removal of offensive Content

• For the avoidance of doubt, this paragraph is addressed to any person who comes on Our Website for any purpose.
• We are under no obligation to monitor or record the activity of any user of Our Website for any purpose, nor do we assume any responsibility to monitor or police Internet-related activities. However, we may do so without notice to you and without giving you a reason.
• If you are offended by any Content, the following procedure applies:
  • your claim or complaint must be submitted to us in the form available on Our Website, or contain the same information as that requested in our form. It must be sent to us by post or email.
  • we shall remove the offending Content as soon as we are reasonably able;
  • after we receive notice of a claim or complaint, we shall investigate so far as we alone decide;
  • we may re-instate the Content about which you have complained or we may not.
• In respect of any complaint made by you or any person on your behalf, whether using our form of complaint or not, you now irrevocably grant to us a licence to publish the complaint and all ensuing correspondence and communication, without limit.
• You now agree that if any complaint is made by you frivolously or vexatiously you will repay us the cost of our investigation including legal fees, if any.

10.       Grant of Licence to use the K9 Sales Website or App

• Subject to payment of the Subscription fee [from time to time,] and to the other terms of this agreement, we grant a Licence to you for eighty years to use the K9 Sales website and App [throughout the World]
• We may refuse or revoke a Licence and return your payment if you live in a country we do not serve.
• The Licence is non-exclusive, non-assignable, non-transferable and otherwise as limited by the terms of this agreement.
• No express or implied licence of the k9 Sales website or App or any other material is granted to you other than the express Licence granted in this agreement.

11.       Restrictions on use of K9 Sales App or Website

You agree that you will not:

• use the K9 Sales website or App for any purpose beyond the scope of Licence as is provided in this agreement. These restrictions may relate to limitations on use, territory, duration, or any other choice which defines the K9 Sales website or
• reverse engineer, decompile, or disassemble the Software.
• sub-license, copy or share the Software or the K9 Sales website or
• Copy or Publish the K9 Sales website or App except as specifically allowed in this agreement.
• represent or give the impression that you are the owner or originator of K9 Sales website or
• remove any identification or reference number or other information which may be embedded on K9 Sales website or
• allow any other person to use the K9 Sales website or App except in the situation or context for which you have bought it.

12.       Copying the K9 Sales website or App

• You may install and use one copy of the Software on a single Device.
• The primary user of the Device on which the Software is installed may make a second copy for his or her exclusive use on a portable Device.
• You must not install the Software on more than two Devices and you must not use the Software on more than one Device at a time. The Software must not be used simultaneously on your home Device and on your office Device.
• You may copy the K9 Sales website or App once for the purpose of system backup.

13.       Interruption to our Service

• We give no warranty that our Service will be satisfactory to you.
• We will do all we can to maintain access to Our Website, but it may be necessary for us to suspend all or part of our Service for repairs, maintenance or other reason. We may do so without telling you first.
• You acknowledge that our Service may also be interrupted for reasons beyond our control.
• You agree that we are not liable to you for any loss whether foreseeable or not, arising as a result of interruption to our Service.

14.       Disclaimers and limitation of liability

• The law differs from one country to another. This paragraph applies so far as the applicable law allows.
• All implied conditions, warranties and terms are excluded from this agreement.
• We provide a market place for the supply of Products. We are in no way responsible for:
  • your locating and ordering a Product;
  • your choice of a Product;
  • any aspect of the provision of the Products;
  • refund payment for any Product;
  • any complaint about any Product.
• Our Website includes Content Posted by Sellers and other third parties. We are not responsible for any such Posting. If you come across any Content which offends against this document, please contact us via the “Contact us” page on Our Website.
• You are advised that Content may include technical inaccuracies or typographical errors. We would be grateful if you bring to our immediate attention, any that you find.
• Our Website contains links to other Internet websites. We have neither power nor control over any such website. You acknowledge and agree that we shall not be liable in any way for the content of any such linked website, nor for any loss or damage arising from your use of any such website.
• We claim no expert knowledge in any subject. We disclaim any obligation or liability to you arising directly or indirectly from information you take from Our Website.
• We shall not be liable to you for any loss or expense which is:
  • indirect or consequential loss; or
  • economic loss or other loss of turnover, profits, business or goodwill even if such loss was reasonably foreseeable or we knew you might incur it.
• You agree that in any circumstances when we may become liable to you, the limit of our liability is the amount you have paid the Seller for a Product.
• This paragraph (and any other paragraph which excludes or restricts our liability) applies to our directors, officers, employees, subcontractors, agents and affiliated companies as well as to us.

15.       Indemnity

You agree to indemnify us against any loss, damage or liability, suffered by us at any time and arising out of:

• any act, neglect or default of yours in connection with this agreement or your use of the Services;
• your breach of this agreement;
• your failure to comply with any law;
• a contractual claim arising from your use of the Services.

16.       Miscellaneous matters

• If any term or provision of this agreement is at any time held by any jurisdiction to be void, invalid or unenforceable, then it shall be treated as changed or reduced, only to the extent minimally necessary to bring it within the laws of that jurisdiction and to prevent it from being void and it shall be binding in that changed or reduced form. Subject to that, each provision shall be interpreted as severable and shall not in any way affect any other of these terms.
• The rights and obligations of the parties set out in this agreement shall pass to any permitted successor in title.
• No failure or delay by any party to exercise any right, power or remedy will operate as a waiver of it nor indicate any intention to reduce that or any other right in the future.
• Any communication to be served on either of the parties by the other shall be delivered by hand or sent by express post or recorded delivery or by e-mail.

• In the event of a dispute between the parties to this agreement, then they undertake to attempt to settle the dispute by engaging in good faith with the other in a process of mediation before commencing arbitration or litigation.
• So far as the law permits, and unless otherwise stated, this agreement does not give any right to any third party.
• Neither party shall be liable for any breach of its obligations resulting from causes beyond its reasonable control including strikes of its own employees.
• In the event of any conflict between any term of this agreement and the provisions of the constitution of a limited company or any comparable document intended to regulate any other corporate or collective body, then the terms of this agreement shall prevail.
• The validity, construction and performance of this agreement shall be governed by the laws of the State of Victoria and the parties agree that any dispute arising from it shall be litigated only in that State.

Terms and Conditions applicable to a seller of goods using K9 Sales/www.k9sales.com.au.

These terms and conditions are the contract between you and K9 Sales (“us”, “we”, etc). By visiting or using Our Website, you agree to be bound by them.

1.            Definitions

2.            Our contract

• The relationship between us is solely that:
  • in consideration of a fee charged by us, we provide for you an Internet market place as an arm’s length contractor.
  • we act as your agent solely in the collection of money paid by your buyer.
  • we are not partners or joint venturers.
• If you place a Product for sale on Our Website, you do so subject to these terms.
• When you place a Product on Our Website, you will be bound to provide all the information required by the Competition and Consumer Act 2010.
• Although we are not a party to your contract with a buyer introduced to you via Our Website, we shall remove your Products from offer if a customer or Our Website visitor has a valid complaint against you.
• We may change this agreement in any way at any time. The version applicable to your contract is the version which was Posted on Our Website at the time that the contract was made.
• Subject to this agreement and to the procedures set out on Our Website, you may enter a Product for sale through Our Website.

3.            Your Product placement

You agree that you will:

• not place any Product for sale which is not of merchantable quality or which requires for its setup or use a level of technical expertise which is not fully explained to a customer before purchase.
• immediately to remove from sale on Our Website any Product which for any reason, you are unable to supply.
• not re-place any Product we remove from offer for sale.

4.            The selling procedure

• K9 Sales is not responsible for the fulfilment of your contract to sell a Product.
• You agree that a contract to sell a Product offered by you is a firm and binding contract as soon as your customer’s payment has been accepted by our payment service provider.
• Subject to discounts and promotions, Products are offered for sale at a fixed price. GST may be due and will be either included in the price or shown separately. If not shown, it will not be charged.
• All Products may be subject to a delivery charge which will be shown at the pay point. The delivery charge will be fixed by you for each item offered for sale. It may be changed at your discretion. Once you have sold a Product, the delivery charge offered by you at the time of purchase cannot be increased.
• Products will be offered for sale and sales made, subject to the terms and conditions applicable to buyers. You accept and endorse these terms and agree to comply in all respects with the corresponding obligations of a seller. You may view the buyer’s conditions on Our Website at any time.
• We shall send you a message by email at the time of each sale, providing full information about that sale.
• You agree to provide an adequate stock of any Product placed by you for sale through Our Website and to tell us, through your control panel, if at any time your supply is exhausted.

5.             Goods and services tax

• Fees and commissions specified on Our Website are exclusive of GST.
• If you are located in Australia, we will show and retain the amount of GST due on our charge for our services in addition to the amount of commission due to us.
• K9 Sales has the right to demand additional information about your business so far as it may affect your GST registration, at any time, from you or from a governmental authority.

6.            Our commission and payment to you

• We provide a platform to assist in selling your Product at the price you place on it, subject to these terms and also the requirements we set out on Our Website from time to time.
• Our fees and commissions are payable on demand. You irrevocably authorise us to deduct them from sums paid to us by your buyer.
• Our Website selling system is an automated system which can be followed by you through a “control panel”.
• The proportion of each sale receipt retained by us is as agreed by us in writing.

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• If we do or could earn interest on any cash balance in our control for the period between payment by a customer and our accounting to you, we are free to keep that interest and have no obligation to account for it to you.

7.            Advertising your Product

If you accept our offer to advertise market or promote your Product, the following conditions apply.

• We may use the services of a specialist Internet marketing business associated with K9 Sales.
• Without prior consent of the other; neither we nor you will contract with any other person or company for specialist services. Here your obligation is limited to the extent of the price charged and due to us.
• The price charged to you will include all payments we make to others.
• The cost of work ordered by you is payable in full, in advance. If you so request us, by indication on Our Website, we will deduct the cost from your account.
• We give no guarantee as to the success of any advertising placed.
• We shall receive no secret commission on advertising services. But note that the service supplier is associated with us.

8.            How we handle your Content

• If you Post Content to any public area of Our Website it becomes available in the public domain. We have no control over who sees it or what anyone does with it.
• We will use that licence only for commercial purposes of the business of Our Website and will stop using it after a commercially reasonable period of time.
• Posting content of any sort does not change your ownership of the copyright in it. We have no claim over it and we will not protect your rights for you.
• You understand that you are personally responsible for your breach of someone else’s intellectual property rights, defamation, or any law, which may occur as a result of any Content having been Posted by you;
• You accept all risk and responsibility for determining whether any Content is in the public domain and not confidential.
• Notify us of any security breach or unauthorised use of your account.

9.            Restrictions on what you may Post to Our Website

We invite you to Post Content to Our Website for [marketing your products and services and in other ways]. We have to regulate your use of Our Website to protect our business and our staff, to protect other users of Our Website and to comply with the law.

We do not undertake to moderate or check any item Posted.

You agree that you will not use or allow anyone else to use Our Website to Post Content or undertake any activity which is or may:

• be unlawful, or tend to incite another person to commit a crime;
• be obscene, offensive, threatening, violent, malicious or defamatory;
• be sexually explicit or pornographic;
• be likely to deceive any person or be used to impersonate any person, or to misrepresent your identity, age or affiliation with any person;
• use a Posting to solicit responses unconnected with the purpose of Our Website or the terms proposed by this agreement.

10.       Your Posting: restricted content

In connection with the restrictions set out below, we may refuse or edit or remove a Posting which does not comply with these terms.

In addition to the restrictions set out above, a Posting must not contain:

• hyperlinks, other than those specifically authorised by us, as explained on Our Website.
• keywords or words repeated, which are irrelevant to the Content Posted.
• the name, logo or trademark of any organisation other than yours.
• inaccurate, false, or misleading information.

11.       Security of Our Website

If you violate Our Website we shall take legal action against you.

You now agree that you will not, and will not allow any other person to:

• modify, copy, or cause damage or unintended effect to any portion of Our Website, or any software used within it.
• link to Our Website in any way that would cause the appearance or presentation of Our Website to be different from what would be seen by a user who accessed Our Website by typing the URL into a standard browser;
• download any part of Our Website, without our express written consent;
• collect or use any product listings, descriptions, or prices;
• collect or use any information obtained from or about Our Website or the Content except as intended by this agreement;
• aggregate, copy or duplicate in any manner any of the Content or information available from Our Website, other than as permitted by this agreement or as is reasonably necessary for your use of the Services;
• share with a third party any login credentials to Our Website.

12.       Copyright and other intellectual property rights

• All content on Our Website, is the property of either us or our affiliates or suppliers of products for sale. It is all protected by international copyright laws.
• You may not copy, modify, publish, transmit, create derivative works from, or in any way exploit any of the content, except as is expressly permitted in this agreement or with our written consent.
• For the sake of good order you should note that copyright exists in compilations and graphic images, shapes and styles, as well as in raw text.

13.       Interruption to the Service

• We give no warranty that the Service will be satisfactory to you.
• We will do all we can to maintain access to Our Website, but it may be necessary for us to suspend all or part of our Service for repairs, maintenance or other good reasons. We may do so without telling you first.
• You acknowledge that our Service may also be interrupted for reasons beyond our control.
• You agree that we are not liable to you for any loss whether foreseeable or not, arising as a result of interruption to our Service.

14.       Our disclaimers

• We are not responsible for any business loss (including loss of profits, revenue, contracts, anticipated savings, data, goodwill or wasted expenditure) or any other indirect or consequential loss whatever.
• We are not liable in any circumstances for damages resulting from loss of use, loss of data or loss of revenues or profits, whether in an action of contract, negligence or otherwise, arising out of or in connection with your use of Our Website.
• Our Website and Services are provided “as is”. As to Our Website and Services, we make no representation or warranty of any kind, express or implied, including, without limitations, warranties:
  • as to fitness of Our Website and Service for a particular purpose;
  • as to availability and accessibility, without interruption, or without error;
  • any obligation, liability, or remedy in tort whether or not arising from our negligence.
• You now expressly release us from any and all claims and liability known and unknown, arising in any way from a dispute between you and a buyer.

15.       Your indemnity to us

You agree to indemnify us against all loss and expense, including legal fees and management time related in any way to:

• a claim by any person in respect of any Product;
• protecting the reputation of our business by our making a payment to a customer of yours in circumstances where you have failed to make that repayment or otherwise comply with your contract with that customer.
• any cost to us arising from a decision by us to comply as your agent, with any obligation of yours, whether or not we have your permission, arising out of any regulation or law, including:
  • the deletion or amendment of any text or other content you have placed on Our Website;
  • any payment we make on an ex gratia basis, arising from a contract between you and a buyer;
• a claim or assessment or order to pay tax based on any sum paid by us.
• legal or other fees we incur in defending a claim or the imposition of a fine or penalty;
• our management time in dealing with any failure or alleged failure by you to comply with any relevant regulation or law.

16.       Miscellaneous matters

• You undertake to provide to us your current land address, e-mail address and telephone number as often as they are changed together with all information that we may require to enable us to fulfil our obligations under this contract.
• So far as any time, date or period is mentioned in this agreement, time shall be of the essence.
• If any term or provision of this agreement is at any time held by any jurisdiction to be void, invalid or unenforceable, then it shall be treated as changed or reduced, only to the extent minimally necessary to bring it within the laws of that jurisdiction and to prevent it from being void and it shall be binding in that changed or reduced form. Subject to that, each provision shall be interpreted as severable and shall not in any way affect any other of these terms.
• If you are in breach of any term of this agreement, we may:
  • publish all text and Content relating to the claimed breach, including your name and email address and all correspondence between us and our respective advisers; and you now irrevocably give your consent to such publication.
  • terminate your account and refuse access to Our Website;
  • remove or edit Content, or cancel any order at our discretion.
• Any obligation in this agreement intended to continue to have effect after termination or completion shall so continue.
• No failure or delay by any party to exercise any right, power or remedy will operate as a waiver of it nor indicate any intention to reduce that or any other right in the future.
• You agree that all our electronic communications satisfy any legal requirement that such communications be in writing.
• Any communication to be served on either of us by the other shall be delivered by hand or sent by express post or recorded delivery or by e-mail.

• In the event of a dispute between us, then, if we so ask, you undertake to attempt to settle the dispute by engaging in good faith with us in a process of mediation before commencing arbitration or litigation.
• So far as the law permits, and unless otherwise stated, this agreement does not give any right to any third party.
• We shall not be liable for any failure or delay in our performance of this agreement which is caused by circumstances beyond our reasonable control, [including any labour dispute].
• In the event of any conflict between any term of this agreement and the provisions of the constitution of a limited company or any comparable document intended to regulate any other corporate or collective body, then the terms of this agreement shall prevail.
• This agreement shall not be governed by the United Nations Convention on Contracts for the International Sale of Goods, the application of which is hereby expressly excluded.
• The validity, construction and performance of this agreement shall be governed by the laws of the State of VIC and you agree that any dispute arising from it shall be litigated only in that State.