Terms & conditions

TERMS AND CONDITIONS

 

  1. About
    1. Welcome to www.ausbaba.com.au (the Website), operated by Ausbaba (AUST) Pty Ltd (ACN 653 748 193) (Ausbaba, we, us).
    2. Access to and use of the Website, or any of its associated products and/or services, are provided by Ausbaba. Please read these terms and conditions (the Terms) carefully.
  2. Acceptance of these Terms
    1. These Terms apply to the use of our Website and our products and services. By using, browsing, registering an account and paying for the products and/or services on the Website, you agree to be bound by these Terms as well as any and all general terms and conditions posted on our Website from time to time. You may also accept the Terms by clicking ‘I Accept’ or ‘I Agree’ to the Terms where this option is made available to you by Ausbaba in the user interface of the Website. If you do not accept these Terms, you must cease use of the Website and our products and services immediately.
    2. If you are signing up on behalf of a company, trust or partnership, you warrant that you have the authority to bind that entity to these Terms.
    3. You may not accept the Terms if:
      1. you are not of legal age to form a binding contract with Ausbaba; or
      2. you are a person barred from receiving the products and services under the laws of Australia or other countries including the country in which you are reside or from which you use the Website, products or services.
    4. Ausbaba reserves the right to review and change any of the Terms by updating this page at its sole discretion. When Ausbaba updates the Terms, it will use reasonable endeavours to provide you with notice of updates to the Terms. Any changes to the Terms take immediate effect from the date of the publication. Before you continue, we recommend you keep a copy of the Terms for your records.
  3. Services
    1. Ausbaba is a marketplace that connects consumers to businesses that offer a range of products and services (the Services).
    2. Our Services are available to consumers (Personal Users) and businesses (Business Users) (together the Users).
    3. Users agree and acknowledge that we:
      1. do not act as an agent or other representative of you, or any other party, in respect of the Services or your purchase or goods from, or your engaged with, with the Personal Users or Business Users;
      2. are not liable for the acts or omissions of third parties that use and access the Services, including but not limited to any third party service providers and the Users; and
      3. notwithstanding clauses 3(a) and 3(b), we may receive commission or payment from third parties including but not limited to the Delivery Providers (defined in clause 8.5 of the Terms) and/or the Business Users.
    4. Where you use the Services, or use the services of the Delivery Providers or purchase products from any of the Business Users, you acknowledge and agree to be bound by the terms and conditions of the Business Users and/or Delivery Providers where those terms and conditions have been made available to you.
    5. By using the Services, you agree and acknowledge that:
      1. you are solely responsible for assessing the risks and implications of using the Services;
      2. we do not, at any point in time, represent either the seller or the buyer in any transaction made on the Website. As such, Ausbaba will not accept and liability for the quality, lawfulness, safety or availably of any products and services offered on the Website;
      3. we do not, at any time, provide any warranties or guarantees regarding the Services;
      4. you accept that there is a risk associated with dealing with other Users through the Website and the Services. While Ausbaba utilises several techniques to verify the accuracy of the information provided on the Website, Ausbaba does not guarantee the accuracy of the information provided on the Website. We therefore encourage you to use various means, as well as common sense, to evaluate the legitimacy of every interaction made through the use of the Services;
      5. you must use the Services for your own personal or business use;
      6. we reserve the right to terminate your access to the Services at any time at our sole discretion;
      7. these Terms do not create a relationship of employment, trust, joint venture, partnership or other relationship of a fiduciary nature between you and us; and
      8. Ausbaba has entered into these Terms in reliance on the acknowledgements, warranties and representations given by you in these Terms.
  4. Account Establishment
    1. To access the Services, Personal Users are required to register an account on the Website (the Personal Account) and Business Users are required to register an account on the Website (the Business Account) (together referred to as the Account).
    2. To establish an Account, you may be required to provide personal information about yourself, including but not limited to, the following:
      1. full name;
      2. date of birth;
      3. email address;
      4. mailing address;
      5. telephone number;
      6. company name (if using the Website and accessing the Services on behalf of a company);
      7. a preferred username; and
      8. a preferred password.
    3. You agree and acknowledge that any information you provide to Ausbaba in the course of establishing an Account will always be accurate, correct and up to date.
    4. You agree and acknowledge that Ausbaba reserves the right to terminate your Account and/or suspend or terminate you from accessing the Services without notice if you provide misleading, false, deceptive, inaccurate and/or outdated personal information.
  5. Your Account Obligations
    1. Users agree and acknowledge that:
      1. you are solely responsible for the activity that occurs under your Account;
      2. anything you submit to be included on the Website, including all material, links, words and images (the Content) is accurate, correct and up to date;
      3. you have the sole responsibility to protect the confidentiality of your password and/or email address. You agree to immediately notify Ausbaba at support@ausbaba.com.au of any unauthorised use of your password or email address or any breach of security of which you have become aware. You agree and acknowledge that use of your password by any other person may result in an immediate cancellation of the Services;
      4. you will use the Website and the Services as permitted by:
        1. the Terms; and
        2. any applicable law, regulation or generally accepted practices or guidelines in the relevant jurisdictions;
      5. access to and use of the Website, Services and Account is non-transferable and limited to you for the purposes of us providing the Services;
      6. any use of your registration information and Content by another person, or third party, is strictly prohibited;
      7. appropriate legal action will be taken by Ausbaba for any illegal or unauthorised use of the Website and Services;
      8. you must not:
        1. expressly or impliedly impersonate another Account at any time;
        2. use the Services or Website for any illegal and/or unauthorised use;
        3. provide false information including false names, address, contact details and Content;
        4. use the Services or Website unlawfully or in a manner that violates these Terms and any applicable laws or regulations;
        5. circumvent or hack into any part if the Website to access data not intended for you;
        6. interfere with the servers or networks connected to the Services and/or Website, or violate any of the policies, procedures or regulations connected to the Services and/or the Website;
        7. engage in conduct or access the Website or Services in a way that will impose an unreasonable or large burden of traffic demands on Ausbaba;
        8. create derivative works of the Services or an application substantially similar or a direct copy of the Services such that confusion may occur as to which the Services are operated by Ausbaba;
        9. resell, distribute, transfer, modify, lease, encumber or export the software associated with the Website or the Services;
        10. copy of produce a substantially similar Service that was provided to you by us; and/or
        11. automate the use of the Website or Services.
  6. Personal Accounts
    1. Personal Users agree and acknowledge that:
      1. the Personal Account gives you access to the Services, whereby you can purchase any products and services offered by the Business Users (the Business Products and Services);
      2. to access the Services, you are required to establish an Account and pay the fees for the Business Products and Services (the Fees) pursuant to clauses 9 and 13;
      3. you must not transfer or assign your Account to another individual or entity; and
      4. Ausbaba reserves the right to suspend or terminate your access to the Services if, in its sole discretion, it believes that you are exploiting and/or abusing your access to the Services.
  7. Acceptance of Orders for Personal Users
    1. All Product orders, including but not limited to, orders made on the Website or over the phone, will be accepted at Ausbaba’s sole and absolute discretion (the Order).
    2. Once you proceed to the checkout function contained on our Website, we will notify you if a delivery option is available for your requested delivery location. We may offer a click and collect option whereby you can place the Order and then pick up the products from the Business User’s premises (Click and Collect). In the event that Click and Collect is available for your purchase, you will be notified within the checkout section on the Website. We will not be held for any loss, damage or harm caused as a result of our delivery services not being made available for your location and/or if Click and Collect is not available for your Order.
    3. If we accept your Order, you will be sent a customer order number that is specific to the purchase. If we do not accept your Order, then we will notify you immediately. Factors that may result in a rejection of your Order includes, but is not limited to, your delivery location and the availability of the products and/or services. We reserve the right to impose a limit on the quantity of the products that may be ordered at any point in time.
    4. In the event that we reject your Oder, we will promptly refund the full product fees to you.
    5. Refund, Exchange or Change of mind – Particular seller offers and discloses their refund policy on their store (online shop on Ausbaba). It is buyers responsibility to review particular seller’s policies in terms of refund, return, exchange of change of mind situation. Ausbaba doesn’t take any responsibility in that regard.
  8. Delivery for Personal Users
    1. We deliver the Business User’s products Australia wide (the Delivery Services). As such, you will be charged a rate based on your location in relation to us for the provision of the Delivery Services (the Delivery Fee). The Delivery Fee is included in the first delivery and will be added to the total amount for the product/s (the Fees). All redeliveries or returns will be at your own cost.
    2. If you are not at the place of delivery, during the intended date and time of the delivery, then we will leave the products at the front door of the delivery address. Ausbaba is not liable for any damage caused to the products as a result of it being left outside for extended periods or if the products are stolen after they have been delivered.
    3. You are responsible for ensuring that the mailing details that you provide us are correct and up to date. In the event that you enter the deliver wrong address into our Website, then we may, at our sole discretion, charge you an additional Delivery Fee for the re-delivery of the products.
    4. You agree and acknowledge that the redelivery of the products will be at least one (1) business day after the initial deliver date. To the maximum extent permitted by the law, we will not be accept any liability for any loss or damage caused by any delays as a result of the products being returned to us or if there is a delay in delivery which is beyond our reasonable control.
    5. You agree and acknowledge that we may engage a third-party provider (the Third Party Provider) to deliver the products to you. By accepting these Terms, you consent to have your personal information shared with Delivery Providers for the provision of the Delivery Services and, as such, you consent for the Delivery Providers (if any) to contact you for the primary purpose of providing the Delivery Services to you.
    6. If an Order does not arrive during the selected timeframe, then it is your responsibility to inform us by contacting us on orders@ausbaba.com.au. We will then make enquiries into the delivery and will have the products resent to your delivery address as soon as possible. You agree and acknowledge that we will not be held liable for any loss or damage caused by any delays in the delivery of the products.
  9. Prices
    1. All of the prices and fees contained in these Terms and on the Website includes GST.
    2. Prices that are quoted on the Website are subject to change, at the sole and absolute discretion of Ausbaba and the Business Users, and without notice.
  10. If the price of the Business Products and Services are reduced after you have placed an Order with Ausbaba, then you will not be eligible for a subsequent price adjustment. You agree and acknowledge that the Fees associated with the Business Products and Services are the correct and relevant price of the Business Products and Services at the time you place your Order.
  11. Business Accounts
    1. Business Users agree and acknowledge that:
      1. to access the Services, you are required to set up a Business Account and pay the subscription fees in accordance with clause 12;
      2. where your profile already exists on the Website, you may claim your Business Profile (the Business Profile);
      3. to establish your Business Profile, you may be required to provide information about your business, including but not limited to:
        1. business name;
        2. Australian Business Number (ABN) and/or Australian Company Number (ACN);
        3. business address;
        4. updated Business Products and Services; and
        5. website, refund, return, exchange policy
      4. all of the content uploaded onto the Business Profile will be accurate, correct and up to date;
      5. Personal Users will be able to view your Business Profile, make enquiries about the Business Products and Services through the Website, and pay the Fees for your Business Products and Services;
      6. Ausbaba will take a commission fee as a percentage, as agreed to by the parties in writing (the Commission Fee), for every transaction made on the Website that is in connection to the purchase of your Business Products and Services;
      7. when your Business Products and Services are sold on our Website, the Personal User will pay us the total fee for the Business Products and/or Services. Once the Business Products and/or Services are provided to the customer, Ausbaba will release the funds to your designated bank account with an automatic deduction of the Commission Fee. You agree and acknowledge that the funds will be released into your designated bank account no sooner than one (1) week from the date that the Personal User pays for the Business Products and Services;
      8. you must not solicit, entice, or accept approach from any of the Ausbaba clients to finalise a purchase outside the use of the Services and the Website. You agree and acknowledge that any breach of this clause may result in an immediate termination of your access to the Services and the Website in accordance with clause 20;
      9. Ausbaba reserves the right to terminate your Business Account and/or remove your Business Profile from the Website if you provide misleading, false, deceptive, inaccurate and/or outdated information;
      10. You agree to supply your refund/return and exchange policy to Ausbaba on your business profile. Ausbaba is not responsible to manage and police any refunds/returns or exchange for all products an services sold by you on Ausbaba.com.au.
      11. the products and services that you offer on the Website must be compliant with all applicable laws. As such, Ausbaba reserves the right to remove any of the Business Products and Services that, at its sole and absolute discretion, is illegal, dangerous, obscene, threatening and/or defamatory, without any notice. Ausbaba will not accept any liability, to the maximum extent permitted by the law, for any loss, damage or harm incurred as a result of it removing any Business Products and Services that are offered on the Website; and
      12. you will provide your Business Products and Services in accordance with all applicable laws, including the Australian Consumer Law.
  12. Subscriptions
    1. In order to become a member of Ausbaba, and subsequently utilise the Services, Business Users are required to sign up to a subscription (the Subscription). Each Subscription level will provide you with a number of products/services that you can offer on our Website at any point in time.
    2. You agree and acknowledge that the Subscriptions are for a twelve (12) month period (the Minimum Term unless agreed in writing for any other period), charged at a quarterly basis (the Subscription Fees). Once you have signed up to a Subscription, you will be charged on the same day every financial quarter during the Minimum Term. You agree and acknowledge that the Subscription Fees must be paid before the provision of the Services for each relevant financial quarter.
    3. You can upgrade your Subscription level by giving Ausbaba seven (7) days’ written notice. You will then be charged the new Subscription Fees at a pro-rated basis.
    4. If payment of the Subscription Fees fails and is not rectified within 24 hours, then Ausbaba will not provide the Services in accordance with the Subscription. You agree and acknowledge that Ausbaba will not be held liable for any damage or loss caused as a result of your failure to make payment.
    5. Ausbaba reserves the right to terminate your access to the Subscription if you fail to make payment and reserves the right to send you a final invoice with the outstanding amount for the remainder of the Subscription Fees for the duration of the Subscription.
    6. In the event that you wish to terminate your Subscription within the Minimum Term, then you must pay the relevant Subscription Fees applicable for the remainder of the Minimum Term in full.
    7. If you wish to terminate the Services outside the Minimum Term, you must provide at least thirty (30) days’ written notice to Ausbaba.
    8. In the event that Ausbaba terminates your access to the Services pursuant to clause 20. You will be required to pay the remainder of the Minimum Term in full.
  13. Payment
    1. Users agree and acknowledge that any payment made on the Website may be made using third payment gateways, such as Stripe (the Payment Gateway Provider). When making payment on the Website, you agree that you have familiarised yourself with, and agree to be bound by, the applicable Terms and Conditions of Use, Privacy Policy and other relevant legal documentation provided by the Payment Gateway Provider prior to you using the Payment Gateway Provider.
    2. Users acknowledge that where a request for the payment of the processing fee is returned or denied, for whatever reason, by your financial institution or is unpaid by you for any other reason, then you are liable for any costs, including banking fees and charges, associated with the processing fee.
  14. Non-Payment
    1. If a User breaches these Terms by way of non-payment of any fees owed pursuant to the provisions of these Terms, Ausbaba may, at its sole and absolute discretion:
      1. cease providing the Services until the payment of any outstanding fees has been made; and/or
      2. proceeds to recover any outstanding fees from you by way of debt recovery action or any legal method available to Ausbaba.
    2. You acknowledge and agree that if Ausbaba initiates debt recovery action then you will be liable for all debt collection costs, including legal costs (on an indemnity basis), collection agency costs and any other expenses or disbursements, including but not limited to, Land and Property Information searches, Australian Securities and Investment Commission searches, process server fees, expert reports and court/tribunal fees. You will also be liable to pay Interest on the outstanding debt. You authorise Ausbaba to share any personal information with a credit reporting agency to report the breach of these Terms and the non-payment of any money which is due and payable pursuant to these Terms.
  15. Refunds
    1. If for whatever reason you are unsatisfied with the Services, please contact Ausbaba at support@ausbaba.com.au outlining why you believe you are entitled to a refund of any fee so that we are able to determine whether a refund should occur.
    2. Any refunds granted pursuant to this clause will be at Ausbaba’s absolute discretion.
  16. Discounts and Promotions
    1. Any discounts or promotion codes available on the Website is non-transferable and cannot be transferred or refunded for cash.
    2. Discounts and promotions can only be used for a single discount and cannot be used simultaneously with other discounts or promotions.
    3. Ausbaba reserves the right, as far as applicable by the law, to cancel any discount and promotion available on the Website without any prior notice.
  17. Intellectual Property 
    1. The Website, the Services and all of the related products of Ausbaba are subject to copyright under the laws of Australia and through international treaties. Unless otherwise indicated, all rights (including copyright) in the content and compilation of the Website.
    2. All custom graphics, icons, logos and service names are registered trademarks, trademarks or service marks, patents and belong to us. Unless otherwise indicated, the Terms do not transfer to you any of our or third party’s right, title, and interest in copyright, patents, trade marks or service marks. 
    3. You are solely responsible for obtaining written permission before reusing, broad casting, republishing, posting, transmitting, distributing, showing, playing in public, adapting or changing in any way any copyrighted material that is available on our site and Website. Any unauthorised use of the materials appearing on our Website may violate copyright, trademark and other applicable laws and could result in criminal or civil penalties.
  18. Privacy
    1. Ausbaba is committed to protecting your privacy as a user of our Website and Services. We respect the privacy and confidentiality of the information provided by you and adhere to the Australian Privacy Principles established in the Privacy Act 1988 (Cth). Please read our Privacy Policy at https://drive.google.com/file/d/1o2Lh0Vslqkn_N1lIR_HV70g5vCoJw_Na/view?usp=sharing . You may query what is being collected and change your details at any time by advising us in writing via our contact details below.
    2. By using the Website, creating an account and/or accessing the Services, you consent to the collection, disclosure, use and storage of your personal information pursuant to our Privacy Policy.
    3. Any information you enter on our Website or give us in any other way, from time to time, is protected by our secure server or by a third party on our behalf using an approved secure server. You may provide information and documents (Personal Data) to enable us to send information or process your claim. We may also collect additional Personal Data at other times in order to be able to deliver our Services, including but not limited to contact lists, GPS location, passwords, feedback or communication with Ausbaba customer support.
  19. Disclosure of Your Information 
    1. We may from time to time need to disclose certain information, which may include your Personal Data, to comply with a legal requirement, such as a law, regulation, court order, subpoena, warrant, in the course of a legal proceeding or in response to a law enforcement agency request. Ausbaba may also use your Personal Data to protect the rights, property or safety of Ausbaba, its customers or third parties.
    2. If there is a change of control in one of our businesses (whether by merger, sale or otherwise), or a sale or transfer of its assets, customer information, which may include your Personal Data, could be disclosed to a potential purchaser under an agreement to maintain confidentiality, or could be sold or transferred as part of that transaction. We would only disclose your information in good faith and where required by any of the above circumstances.
  20. Termination
    1. The Terms will continue to apply until the deletion of your Account, or until terminated by Ausbaba as set out below.
    2. Ausbaba may at any time, terminate the Terms with you if:
      1. you have breached any provision of the Terms and fail to remedy it within seven (7) days from receiving written notice from Ausbaba;
      2. Ausbaba is required to do so by law;
      3. you did have not paid any fees as contained in these Terms;
      4. the partner, if any, with whom Ausbaba offered the Services to you has terminated its relationship with Ausbaba or ceased to offer the Services to you;
      5. Ausbaba is transitioning to no longer providing the Services to users in the country in which you are resident or from which you access the Services;
      6. the provision of the Services to you by Ausbaba is, in the opinion of Ausbaba, no longer commercially viable;
      7. if you have used the Services:
        1. in breach of any law;
        1. in a way that is misleading or deceptive;
        2. in a way which is unreasonable as determined by Ausbaba at its absolute discretion; or
        3. in a manner which can or does bring Ausbaba into disrepute or could damage Ausbaba’s reputation as determined by Ausbaba at its absolute discretion.
    2. Subject to local applicable laws, Ausbaba reserves the right to discontinue or cancel your access to the Services at any time and may suspend or deny, in its sole discretion, your access to all or any portion of the Website or the Services without notice if you breach any provision of the Terms or any applicable law or if your conduct damages Ausbaba’ name or reputation or violates the rights of those of another party.
    3. Upon the termination of the customer’s account, all of the legal rights, obligations and liabilities that you and Ausbaba have benefited from, been subject to (or which have accrued over time whilst the Terms have been in force) or which are expressed to continue indefinitely, will be unaffected by this cessation, and the provisions of this clause will continue to apply to such rights, obligations and liabilities indefinitely.
  2. Liability
    1. None of the affiliates, directors, officers, employees, agents, contributors and licensors of Ausbaba make any express or implied representation or warranty about the Services or any products or services referred to on the Website. This includes, but is not limited to, loss or damage you might suffer as a result of the following:
      1. failure of performance, error, omission, interruption, defect, failure to correct defects, delay in operation or transmission, computer virus or other harmful component, loss of data, communication line failure, unlawful third party conduct, or theft, destruction, alteration or unauthorised access to records;
      2. the accuracy, suitability or currency of any information on the Website, the Services, or any of its services related products (including third party material and advertisements on the Website);
      3. costs incurred as a result of you using the Website, the Services or any of the products and/or services of Ausbaba;
      4. a suspension of your account due to your breach of the Terms;
      5. the Services or operation in respect to links which are provided for your convenience; and
      6. harm resulting from the violation of or alleged violation of any applicable retail, or other health and safety codes, rules and regulations in the provision of the Services.
    2. In all cases, our liability arising out of or in connection with the Services or these Terms, however arising, including under contract, tort (including negligence), in equity, under statute or otherwise, is limited to any fees paid by you for the provision of the Services.
    3. Our failure to exercise or enforce any right or provision of these Terms does not constitute a waiver of such right or provision.
    4. You agree and acknowledge that Ausbaba, its affiliates, employees, agents, contributors, agents, third party content providers and licensors will not be liable to you for any direct, indirect, incidental, special, consequential or exemplary damages, or consequential loss, loss of profits, goodwill, or business reputations which may be incurred by you, however caused and under any theory of liability.
    5. You agree and acknowledge that Ausbaba holds no liability for any direct, incidental, special consequential or exemplary damages which may be incurred by you as a result of providing your Content on the Website.
  3. Disclaimer
    1. Ausbaba is a platform that facilitates the connection between Business Users and Personal Users. As such, Ausbaba is not liable for any loss or damage (including consequential loss or damage):
  1. arising from any carelessness, dishonesty or any negligence by any of the Users;
  2. if Business Users are not making any sales through the use of the Services; and
  3. if Personal Users are unable to find any suitable Business Products and Services through the use of the Website and/or Service.
    1. Use of this Website is at your own risk and Ausbaba is not liable for any loss, damage or disclosure of any personal information that may result from its use.
    2. Nothing in these Terms limits or excludes any guarantees, warranties, representations or conditions implied or imposed by law, including Australian Consumer Law (or any liability under them) which by law may not be excluded.
      1. if you are not a Consumer (under the Australian Consumer Law), you agree that Ausbaba has no direct or indirect liability (including in negligence) to you in any way related to your use of the Website or the Services;
      2. if you are a Consumer (under the Australian Consumer Law), Ausbaba limits all its direct and indirect liability (including in negligence) to you to the Consumer Guarantees under the Australian Consumer Law; and
      3. where there is a breach of the Consumer Guarantees, then to the maximum extent permitted by law, Ausbaba’s liability to you is limited to resupply of the Services or payment of the cost of re-supplying the Services.
    3. Subject to this clause and to the extent permitted by law:
      1. Ausbaba excludes all representations, warranties or guarantees, whether express or implied, by statute, trade or otherwise; and
      2. Ausbaba will not be liable for any special, indirect or consequential loss or damage (unless such loss or damage is reasonably foreseeable resulting from our failure to meet an applicable Consumer Guarantee), loss of profit or opportunity, or damage to goodwill arising out of or in connection with the Services or these Terms (including as a result of not being able to use the Services or the late supply of the Services), whether at common law, under contract law, tort (including negligence), in equity, pursuant to statute or otherwise.
  1. Indemnity
    1. You agree to indemnify Ausbaba, its affiliates, employees, agents, contributors, third party content providers and licensors from and against all actions, suits, claims, demands, liabilities, costs, expenses, loss and damage (including legal fees on a full indemnity basis) incurred, suffered or arising out of or in connection with:
      1. all actions, suits, claims, demands, liabilities, costs, expenses, loss and damage (including legal fees on a full indemnity basis) incurred, suffered or arising out of or in connection with the Services;
      2. any breach of these Terms;
      3. any wilful misconduct by us;
      4. any unlawful or negligent act or omission by you; or
      5. any direct or indirect consequences of you accessing, using or transacting on the Website or the Services or attempts to do so.
    2. This indemnity will survive termination of these Terms.
  2. General 
    1. You agree and acknowledge that the Website, and any associated website we own, may use third party vendors and hosting partners to provide the necessary software, hardware, service and storage, as well as anything related to running the Website.
    2. Unless otherwise specified, the Website and associated Services are for your personal and own business use. You may not modify, copy, distribute, transmit, display, perform, reproduce, publish, license, create derivative works from, transfer or sell any information, software, products or Services obtained from the Website, which are not your own intellectual property.
    3. You also agree you will not transmit any viruses, malware, worms, etc. of any kind and that you will not upload, post, host or transmit unsolicited material or messages.
  3. Dispute Resolution
    1. Compulsory:
      1. If a dispute arises out of or relates to the Terms, either party may not commence any Tribunal or Court proceedings in relation to the dispute, unless the following clauses have been complied with (except where urgent interlocutory relief is sought).
    2. Notice:
      1. A party to the Terms claiming a dispute (Dispute) has arisen under the Terms, must give written notice to the other party detailing the nature of the dispute, the desired outcome and the action required to settle the Dispute.
    3. Resolution:
      1. On receipt of that notice (Notice) by that other party, the parties to the Terms (Parties) must:
        1. within 14 days of the Notice endeavour in good faith to resolve the Dispute expeditiously by negotiation or such other means upon which they may mutually agree;

 

        1. if for any reason whatsoever, 14 days after the date of the Notice, the Dispute has not been resolved, the Parties must either agree upon selection of a mediator or request that an appropriate mediator be appointed by the Australian Disputes Centre or its nominee;

 

        1. the Parties are equally liable for the fees and reasonable expenses of a mediator and the cost of the venue of the mediation and without limiting the foregoing undertake to pay any amounts requested by the mediator as a pre-condition to the mediation commencing. The Parties must each pay their own costs associated with the mediation; and

 

        1. the mediation will be held in Sydney, Australia.
    2. Confidential:
      1. All communications concerning negotiations made by the Parties arising out of and in connection with this dispute resolution clause are confidential and to the extent possible, must be treated as "without prejudice" negotiations for the purpose of applicable laws of evidence.
    3. Termination of Mediation:
      1. If one (1) month have elapsed after the start of a mediation of the Dispute and the Dispute has not been resolved, either Party may ask the mediator to terminate the mediation and the mediator must do so.
  2. Governing Law and Jurisdiction
    1. The Terms are governed by the laws of Victoria, Australia. Any dispute, controversy, proceeding or claim of whatever nature arising out of or in any way relating to the Terms and the rights created hereby will be governed, interpreted and construed by, under and pursuant to the laws of Victoria, Australia, without reference to conflict of law principles, notwithstanding mandatory rules. The validity of this governing law clause is not contested. The Terms will be binding to the benefit of the parties hereto and their successors and assigns.
  3. Notice
    1. Ausbaba may provide any notice to you under the Terms by sending a message to your email address. The notice provided by Ausbaba to you by email will be deemed to have been properly given on the date Ausbaba sends the email, regardless of whether you have received the email.
    2. Unless specified otherwise, any notices provided by you to Ausbaba must be in writing and be delivered either in person, or via registered post to ausbaba@yopmail.com. Notices provided by registered post will be deemed to have properly given three days after they are posted (if posted).
  4. Severance
    1. If any part of the Terms is found to be void or unenforceable, that part will be severed and the rest of the Terms will remain in force.
  5. Waiver
    1. A waiver of any right, power or remedy under these Terms must be in writing signed by the party granting it.
    2. A waiver is only effective in relation to the particular obligation or breach in respect of which it is given. It is not to be taken as an implied waiver of any other obligation or breach or as an implied waiver of that obligation or breach in relation to any other occasion.
    3. The fact that a party fails to do, or delays in doing, something the party is entitled to do under these Terms does not amount to a waiver.
  6. Assignment
    1. Ausbaba may assign or transfer its rights or obligations under the Terms without your consent.
    2. You may not assign or transfer your rights or obligations under the Terms without prior written consent of Ausbaba. A purported assignment without written consent will be deemed to be void and convey no rights.
  7. Links
    1. Our Website and correspondence to you may contain links to other websites. These links are meant for your convenience only. Please be aware that Ausbaba is not responsible for the privacy practices of such other websites. We encourage our users to be aware, when they leave our Website, to read the privacy statements of each and every website that collects personally identifiable information. This privacy statement applies solely to information collected by this Website.
  8. Email Communication
    1. Ausbaba may also provide you with information and updates regarding our Website and changes to the law from time to time. Ausbaba may also make you aware of their new and additional products and Services via email. This service is for free and you can unsubscribe at any time.
  9. Changes to our policies
    1. We reserve the right to modify our policies at any time, including these Terms and our Privacy Policy, in our sole discretion. All modifications will be effective immediately upon our posting of the modifications on this Website.
  10. Questions or Complaints 
    1. If at any time you have a question about what information we hold about you, wish to change your personal details or have a complaint or concern, please contact us at support@ausbaba.com.au
    2. Please return periodically to policies for material changes.