1.1 These Team App Seller Terms are in addition to, and operates currently with, the TEAM APP END USER LICENSE AGREEMENT.
1.2 Permission to sell on or via the Application is conditional upon you as the Seller ("you") agreeing to the terms and conditions set out in this Team App Seller Terms ("Seller Terms") and the TEAM APP END USER LICENSE AGREEMENT. If you do not wish to accept the Seller Terms and the TEAM APP END USER LICENSE AGREEMENT, you must not click "I Accept" and you must not use the Application. Notwithstanding the foregoing:
- if you have previously agreed to accept the TEAM APP END USER LICENSE AGREEMENT then notwithstanding that you do not click "I Accept" you will continue to be bound by the TEAM APP END USER LICENSE AGREEMENT and you may continue to use the Application – though not for the purpose of selling or advertising products and services; and
- any use by you of the Application will be considered to be in accordance with the terms and conditions of these Seller Terms and the TEAM APP END USER LICENSE AGREEMENT.
1.3 By clicking on the "I Accept" button below, you confirm your agreement with Team Mates Pty Ltd ACN 159 770 537 ("us" or "we") to:
- these Seller Terms; and
- the TEAM APP END USER LICENSE AGREEMENT.
2. PROVISIONS RELATING TO SELLERS
Definitions and Interpretation
In this clause 2 the following words and expressions shall have the following meanings:
- "Application" has the meaning given to it in the TEAM APP END USER LICENSE AGREEMENT;
- "Buyer" includes a person who places an order for an item sold or offered for sale by the Seller via the Application or from the Application;
- "TEAM APP END USER LICENSE AGREEMENT" means the Team App End User License Agreement as varied from time to time and may be viewed here http://www.teamapp.com/terms
- "Listing Policy" means our listing policy as amended from time to time and may be viewed at the end of this document
- "Prohibited Items List" means the list of prohibited items maintained by us which lists items which the Seller must not sell via the Application. The Prohibited Items List may be viewed toward the end of this document.
- "Seller" means a person offering the Item for sale via the Application;
You shall not offer for sale any Item:
- which you are not legally able to sell, or which you cannot sell to the Buyer free from all charges liens and encumbrances;
- which is within our Prohibited Item List or which is in contravention of any law or regulations governing the sale of the same;
- the get-up, production and sale of which infringes any copyright, patent, trademark, trade secret or other proprietary rights or rights of publicity or privacy or any other form of property or proprietary rights, whether intellectual or otherwise;
- which contains defamatory, trade libelous, unlawfully threatening or unlawfully harassing statements whether such statements be in the form of words, drawings, photographs, 3-dimensional representations or otherwise; or
- which is obscene or contains child pornography.
2.3 By offering an item for sale on via the Application, you, as the Seller, are warranting and undertaking to us and all Buyers that:
- you do not and will not engage in the forbidden dealings set out in clause 24.3 above;
- the information supplied by you is correct and accurate in all material respects and shall not:
- contain defamatory, trade libelous, unlawfully threatening or unlawfully harassing statements;
- contain obscene material or child pornography;
- contains any adults only material or element or is otherwise harmful to minors;
- contain any viruses, Trojan horses, worms, time bombs, cancelbots or other computer programming routines that are intended to damage, detrimentally interfere with, surreptitiously intercept or expropriate any system, data or personal information; or
- contain any hyperlinks unless permitted by us;
- the items offered for sale by you are not within the Prohibited Item List;
- you will not list or offer or sell any item which, by paying to us any fees, could cause us to violate any applicable law, statute, ordinance or regulation.
2.4 You must not link directly or indirectly to or include descriptions of goods or services that:
- are prohibited for sale under this Agreement;
- you do not have a right to link to or include.
If you receive an order for an item sold via the Application then you:
- are obligated to complete the transaction with the Buyer unless:
- you cannot authenticate Buyer's identity; or
- the Buyer fails to meet the terms of payment as stipulated by you in your listing;
- must confirm the total due for the order (including shipping) and send the Buyer an "Invoice".
Caution re: completion of sale
We do not warrant that any Buyer will complete the purchase of an item herein. You are urged to be aware of the risk of dealing with foreign nationals, underage persons or people acting under false pretence or persons having no contracting capacities.
Right to require withdrawal of an item
We shall have the absolute and unfettered right to withdraw any item you offer for sale through the Application without notice or compensation to you. Without derogating from this right, we shall have the right to withdraw an item if:
- the item is within our Prohibited Items List;
- you are determined by us to have breached this Agreement or your user account is suspended by us pursuant to the terms of this Agreement;
- we are unable for any reason whatsoever to verify or authenticate any information provided by you; or
- an item offered for sale by you is in breach of our Listing Policy, which can be at the end of this document. The Listing Policy may be updated by us from time to time.
- We reserve the right to change the fees charged for any of our services at any time. In the event that we introduce a new service, the fees for that service are effective at the launch of the service, unless otherwise stated.
- All fees are exclusive of GST and are in Australian dollars unless otherwise stated.
- You acknowledge and agree that we may be paid a commission or fee for the operation of store fronts on the Application and/or sales made by you via the Application or any payment gateway used by you or the Application.
Prohibited Items List
The following list is not intended to be an exhaustive statement of prohibited and restricted items that you may not advertise for sale or sell through the Application.
- Animal Traps - Steel Jaw / Foot Hold
- Animals, Animal Products, Organs or any Body Parts
- Artefacts and Heritage Items
- Adult Related Items
- Copyright-infringing, Replica and Counterfeit Items
- Downloadable Media
- Lock Picking Devices
- Noxious Weeds
- OEM Software
- Police and Emergency Services Related Items
- Postage Stamps
- Radio Communications Devices
- Real Estate
- Stolen Goods
- Tickets Over Face Value
- Therapeutic Goods
- Used Clothing
- Used Cosmetics
- Weapons, Knives and Firearms or Ammunition
Team App Listing Policy
Sellers must not:
- misrepresent the location from which the item will be posted.
- include titles which are misleading or do not accurately describe the item for sale.
- offer a catalogue or other publication from which buyers may order directly.
- charge excessive postage and handling for items.
- offer the opportunity through the Application to purchase the item or other merchandise outside of the Application.
- solicit buyers to use payment methods not specifically permitted by Team Mates Pty Ltd as accepted payment methods.
- create a listing that does not offer an item or service for purchase.
- use profanity in a listing.
- inappropriately use brand names or other words to attract buyers to a listing.