coinxchange - Marketplace Terms and Conditions

Marketplace Terms and Conditions

WHAT PARTS OF THESE TERMS APPLY TO ME?

This agreement governs your use of the Coinxchange platform, accessible at www.coinxchange.com.au (Platform) and any goods or services made available through the Platform. By using the Platform, you agree to be bound by this agreement which forms a binding contractual agreement between you, the User, and us, Coinxchange Pty Ltd ABN 17 675 654 538 (Coinxchange, we or us).

The remainder of this agreement is divided into three parts:

Part A (All Users), which sets out terms that apply to all Users;
Part B (Sellers), which sets out additional terms that apply to Sellers, being Users who register for a Seller Account and/or offer to sell goods or services through the Platform; and
Part C (Customers), which sets out additional terms that apply to Customers, being Users who register for a Customer Account and/or offer to buy goods or services through the Platform.

If you intend to use the Platform as a Seller, only Parts A and B of these terms will apply to you.

If you intend to use the Platform as a Customer, only Parts A and C of these terms will apply to you.

If you intend to use the Platform as a Seller and Customer, then Parts A, B and C of these terms will apply to you.

When we talk about the “Goods” in this agreement, we are referring to the goods available through the Platform via Sellers.

DISCLAIMER

Coinxchange is not a money exchange or a financial product for the purposes of the Corporations Act 2001 (Cth), any applicable regulations or any other financial regulations and standards that may apply from time to time.

Part A: All Users

1. ELIGIBILITY

This Platform is not intended for unsupervised use by any person under the age of 18 years old or any person who has previously been suspended or prohibited from using the Platform. By using the Platform, you represent and warrant that you:
1. have not been suspended or prohibited from using the Platform; and
2. are either:
  1. over the age of 18 years and accessing the Platform for personal use; or
  2. accessing the Platform on behalf of someone under the age of 18 years old and consent to that person’s use of the Platform.
Please do not access the Platform if you are under the age of 18 years old and do not have your parent or guardian’s consent, or if you have previously been suspended or prohibited from using the Platform.
If you use the Platform on behalf of a company or organisation you warrant that you have the necessary authority from that company or organisation to do so. If you are signing up not as an individual but on behalf of your company, your employer, an organisation, government or other legal entity (Represented Entity), then “you” and “User” means the Represented Entity and you are binding the Represented Entity to this agreement. If you are accepting this agreement and using our Platform on behalf of a Represented Entity, you represent and warrant that you are authorised to do so.

2. ACCOUNTS

In order to use most of the functionality of the Platform, all Users are required to sign-up, register and receive an account through the Platform (an Account).
As part of the Account registration process and as part of your continued use of the Platform, you are required to provide personal information and details, such as your email address, first and last name, preferred username, a secure password, billing, postal and physical addresses, mobile phone number, bank account information, and other information as determined by Coinxchange from time to time.
You warrant that any information you give to Coinxchange in the course of completing the Account registration process will always be accurate, honest, correct and up-to-date.
Correspondence between Users must take place on the Platform. You agree to ensure that your Account does not display any of your personal contact information at any time such that it can be viewed by any other User. You agree to not give your contact details to any other User.
Once you complete the Account registration process, Coinxchange may, in its absolute discretion, choose to accept you as a registered user within the Platform and provide you with an Account.
Coinxchange reserves the right to contact you about any concerning behaviour by you, or to seek a resolution with you.
Coinxchange may, in its absolute discretion, suspend or cancel your Account for any reason, including for any failure to comply with this agreement.

3. Subscription

Signing up

The Platform supports additional functionality for certain Users that are selling Goods at a high frequency on the Platform (High Frequency Seller).
To become a High Frequency Seller, you will be required to select a subscription with the inclusions as set out on the Platform (Subscription) and pay the required subscription fees (Subscription Fees).
Your High Frequency Seller status will be valid for the time period stipulated on the Platform at the time of signing up for your Subscription (Subscription Period).
The Subscription is a tiered subscription package. Each tier is based off the frequency of Goods a User sells on the Platform in a certain period of time (Subscription Tier).
Where specified on the Platform, each Subscription provides the User with a discounted Service Fee at a different rate for each Subscription Tier.
By becoming a High Frequency Seller and paying the Subscription Fees, you represent and warrant that you are authorised to use the debit or credit card you provide for your Subscription.
Subscribing to become a High Frequency Seller on the Platform constitutes your acceptance to enter into a contract between us under these Terms, where you will be entitled to be a High Frequency Seller in exchange for your payment of the Subscription Fees specified upon checkout.
These Terms are not agreed between you and us until we have approved your payment of the Subscription Fees, and you receive an email from us confirming that your Subscription has been accepted.

Subscription Fees

All Subscription Fees are:
1. as displayed and accepted by you at the time of checkout; and
2. in Australian dollars; and.
3. subject to change without notice prior to your Subscription.
(Payment obligations) You must pay the Subscription Fees in full or otherwise in the instalments specified at the time of your Subscription.
(Recurrent subscription) Your obligation to pay the Subscription Fees will continue to renew automatically at the end of every Subscription Period for the same duration as your previous Subscription Period. For example, if you initially purchase a monthly Subscription, a further monthly Subscription will automatically apply unless you notify us that you wish to cancel your existing Subscription prior to the end of the Subscription Period.
(Automatic billing) The Subscription Fees will be automatically debited from the nominated payment method used at the time of your Subscription. Whilst we will endeavour to notify you before the Subscription Fees are automatically debited, you acknowledge and agree that you are required to make an initial and recurring payment of the Subscription Fees and accept responsibility for all recurring charges prior to termination of your Subscription.
(GST) Unless otherwise indicated, amounts stated on the Platform include GST. In relation to any GST payable for a taxable supply by us, you must pay the GST subject to us providing a tax invoice to you.
(Card surcharges) We reserve the right to charge credit card surcharges in the event that payment of the Subscription Fees are made using a credit, debit or charge card (including Visa, MasterCard or American Express).
(Online payment partner) We use a third-party payment provider, being Stripe (Payment Providers), to collect payment of the Subscription Fees for your Subscription. The processing of payments by the Payment Provider will be, in addition to these terms, subject to the terms, conditions and privacy policies of the Payment Provider and we are not liable for the security or performance of the Payment Provider. We reserve the right to correct, or to instruct our Payment Provider to correct, any errors or mistakes in collecting your Subscription Fees. The Payment Provider’s terms can be accessed here: https://stripe.com/au.
(Changes to Subscription Fees) We reserve the right, from time to time, to change the Subscription Fees. We will provide you with reasonable notice before implementing any such changes and you may cancel your Subscription, in accordance with clause 19, if you do not agree with the changed fees.
(Pricing errors) In the event that we discover an error or inaccuracy in the Subscription Fees for your Subscription, we will attempt to contact you and inform you of this as soon as possible. You will then have the option of subscribing at the correct Subscription Fees or cancelling your Subscription. If you choose to cancel your Subscription and the Subscription Fees have already been debited, the full amount will be credited back to your original method of payment.
(Late payments) We reserve the right to suspend all or part of the Services indefinitely if you fail to pay any Subscription Fees in accordance with this clause 3.2.

4. Refunds

Except as otherwise set out on our Platform or required by law (including the Australian Consumer Law), we generally don’t offer refunds for any of our Subscriptions and any refunds we issue will be solely at our discretion. Please let us know if you have any issues as a Premium User that you think should entitle you to a refund and we’ll consider your situation.

5. USER OBLIGATIONS

As a User, you agree:

not to intimidate, harass, impersonate, stalk, threaten, bully or endanger any other User or distribute unsolicited commercial content, junk mail, spam, bulk content or harassment;
to not share your Account with any other person and that any use of your Account by any other person is strictly prohibited. You must immediately notify Coinxchange of any unauthorised use of your Account, password or email, or any other breach or potential breach of the Platform’s security;
to not use the Platform for any purpose other than for the purpose of making arrangements to provide or receive Goods, including:
1. you must not use the Platform in a manner that is illegal or fraudulent or facilitates illegal or fraudulent activity (including requesting or accepting a job or a sale which includes illegal goods, activities or purposes); and
2. you must not use the Platform in connection with any commercial or money making or other promotional or marketing endeavours except those that are endorsed herein, or as approved in writing by Coinxchange;
not to act in any way that may harm the reputation of Coinxchange or associated or interested parties or do anything at all contrary to the interests of Coinxchange or the Platform;
you must not make any automated use of the Platform and you must not copy, reproduce, translate, adapt, vary or modify the Platform without the express written consent of Coinxchange;
that Coinxchange may change any features of the Platform or Goods offered through the Platform at any time without notice to you;
that information given to you through the Platform, by Coinxchange or another User including a Seller, is general in nature and we take no responsibility for anything caused by any actions you take in reliance on that information;
that Coinxchange may cancel your account at any time, including if it considers, in its absolute discretion, that you are in breach or are likely to breach this clause 3; and
that you will be required to use a Third Party Payment Platform in making or receiving any payments via the Platform (Third Party Payment Platform), you warrant that you have read, understood and agree to be bound by Stripe’s terms at https://stripe.com/au/legal, or the terms of use of other third party payment portals or other payment methods from time to time, that will be available on the Stripe website and other payment portal websites.

6. POSTED MATERIALS

WARRANTIES

By providing or posting any information, materials or other content on the Platform (Posted Material), you represent and warrant that:

you are authorised to provide the Posted Material (including by being authorised to provide any services that you represent you provide);
the Posted Material is accurate and true at the time it is provided;
any Posted Material which is in the form of a review or feedback is honest, accurate and presents a fair view of the relevant person and/or your experience;
the Posted Material is free from any harmful, discriminatory, defamatory or maliciously false implications and does not contain any offensive or explicit material;
the Posted Material is not “passing off” of any product or service and does not constitute unfair competition;
the Posted Material does not infringe any Intellectual Property Rights, including copyright, trademarks, business names, patents, confidential information or any other similar proprietary rights, whether registered or unregistered, anywhere in the world;
the Posted Material does not contain any viruses or other harmful code, or otherwise compromise the security or integrity of the Platform or any network or system; and
the Posted Material does not breach or infringe any applicable laws.

LICENCE

You grant to Coinxchange a perpetual, irrevocable, transferable, worldwide and royalty-free licence (including the right to sublicense) to use, copy, modify, reproduce and adapt any Intellectual Property Rights in any Posted Material in order for Coinxchange to use, exploit or otherwise enjoy the benefit of such Posted Material.
If it is determined that you retain moral rights (including rights of attribution or integrity) in any Posted Material, you forever release Coinxchange from any and all claims that you could assert against Coinxchange by virtue of any such moral rights.
You indemnify Coinxchange against all damages, losses, costs and expenses incurred by Coinxchange arising out of any third party claim that your Posted Material infringes any third party’s Intellectual Property Rights.

REMOVAL

Coinxchange acts as a passive conduit for the online distribution of Posted Material and has no obligation to screen Posted Material in advance of it being posted. However, Coinxchange may, in its absolute discretion, review and remove any Posted Material (including links to you, your profile or listings you have posted on the Platform) at any time without giving any explanation or justification for removing the Posted Material.
You agree that you are responsible for keeping and maintaining records of Posted Material.

7. REFUNDS, SERVICE INTERRUPTIONS AND CANCELLATIONS

To the maximum extent permitted by law, Coinxchange will have no liability or obligation to you if:

a Customer or Seller cancels at any time after the time for performance of the Listing (defined in clause 2 of Part B of this agreement) is agreed; or
for whatever reason, including technical faults, the Goods cannot be provided,

and you will not be entitled to any compensation from Coinxchange.

8. IDENTITY VERIFICATION

We may offer or require Users to verify their details, using our processes or an external identity verification service as applicable (Verification Service).
We will collect your personal information in accordance with our Privacy Policy as set out in clause 18. Where a Verification Service is used, you acknowledge and agree that:
1. we may contact and share your personal information with a Verification Service to verify your details; and
2. you consent to us receiving, sharing and using this information to enable us to carry out Verification Services.
We may charge fees for Verification Services, as set out on the Platform.
You acknowledge and agree that:
1. we are reliant on the information provided by the Verification Service to verify your identity and to the extent permitted by law, we disclaim all warranties that the Verification Services will be accurate or guarantee that Verification Services will ensure you contract with a suitable User;
2. you should make your own enquiries as to other Users’ identities before engaging in contracts with those Users; and
3. we do not endorse any User, Listing or Verification Service.

9. RATINGS AND ReviewS

Customers may rate a Listing, and Sellers may rate a Customer (each a ‘Rating’) and Users may provide feedback to other Users regarding the relevant Goods or experience with that User (Review).
Ratings and Reviews may be able to be viewed by other Users and these may remain viewable until the relevant Account and/or Listing is removed or terminated.
Users must provide true, fair and accurate information in their Reviews.
If we consider that a Review is untrue, unfair, inaccurate, offensive or inappropriate, we may delete the Review or ban the relevant User from posting the Review, or future Reviews. We do not undertake to review each Review made by a User.
To the maximum extent permitted by law, we are not responsible for the content of any Reviews.
You must not publish Reviews for Users to which you have personal or professional relations.
Users can only write a Review about another User if they have had a buying or selling experience with that User, which means that:
1. they have purchased a product or service from that Seller;
2. they have sold a product or service to that Customer;
3. you have placed an order with the Seller;
4. you have had an order placed with you by the Customer; or
5. you can otherwise document that you had a buying or selling experience with that User, including via correspondence or other interaction with the User, (collectively referred to as a Shopping Experience).
You must only write about your own Shopping Experience. You are not permitted to write a Review about somebody else’s Shopping Experience, such as that of a family member or friend.
You must not write a review about a Seller you have previously owned, currently own, or which an immediate family member currently owns, or if you are an executive or employee of that Seller, or work for the Seller. Similarly, you must not write a Review about a direct competitor to the Seller you own, are employed by or work for.
Your Shopping Experience must have occurred within the last 12 months. This means within 12 months from the date on which you write the Review.
You are encouraged to be specific and factual in your Reviews. If you have been offered an incentive by a User to write a Review, you should include information about this in your Review. Incentives include the User offering you a gift, reward, discount or advantage for writing a Review about the User on the Platform.

10. SERVICE LIMITATIONS

While we make every effort to ensure that the information on the Platform is as up-to-date and accurate as possible, you acknowledge and agree that from time to time, you may encounter the following issues:

the Platform may have errors or defects (or both, as the case may be);
the Platform may not be accessible at times;
messages sent through the Platform may not be delivered promptly, or delivered at all;
information you receive or supply through the Platform may not be secure or confidential; and
any information provided through the Platform may not be accurate or true.

11. INTELLECTUAL PROPERTY

Coinxchange retains ownership of all materials developed or provided (or both, as the case may be) in connection with the Platform (including text, graphics, logos, design, icons, images, sound and video recordings, pricing, downloads and software) (Platform Content) and reserves all rights in any Intellectual Property Rights owned or licensed by it not expressly granted to you.
You may make a temporary electronic copy of all or part of the Platform Content for the sole purpose of viewing it. You must not otherwise reproduce, transmit, adapt, distribute, sell, modify or publish the Platform Content without prior written consent from Coinxchange or as permitted by law.
In this clause 11, “Intellectual Property Rights” means all copyright, trade mark, design, patent, semiconductor and circuit layout rights, trade, business, company and domain names, confidential and other proprietary rights, and any other rights to registration of such rights whether created before or after the date of this agreement both in Australia and throughout the world.

12. THIRD PARTY CONTENT

The Platform may contain text, images, data and other content provided by a third party and displayed on the Platform (Third Party Content). Coinxchange accepts no responsibility for Third Party Content and makes no representation, warranty or guarantee about the quality, suitability, accuracy, reliability, currency or completeness of Third Party Content.

13. THIRD PARTY TERMS

If we need to acquire goods or services supplied by a third party, you may be subject to the terms and conditions of that third party (Third Party Terms).
Provided that we have notified you of such Third Party Terms and provided you with a copy of those terms (for example, a link on our Platform or otherwise set out in these terms), you agree to any Third Party Terms applicable to any goods or services supplied by a third party that we use to provide you with the Platform or any services related to Platform and we will not be liable for any loss or damage suffered by you in connection with such Third Party Terms. These Third Party Terms include but are not limited to:
1. AWS Server (https://aws.amazon.com/service-terms/);
2. Klaviyo (https://www.klaviyo.com/legal);
3. Viral Sweep (https://www.apphub.com/terms-of-service); and
4. Stripe (https://stripe.com/au/legal/ssa).

14. DISPUTES BETWEEN USERS

You should direct any complaint relating to another User to that User. Users must take all reasonable steps to resolve any dispute with another User with that User.
If the issue or problem involves any funds in dispute between Users, you must contact and report it to Stripe via https://stripe.com/au/contact. Please note that all disputes and refunds must be processed through Stripe, and in accordance with their policies and processes in place at the time.
If any issue or problem relating to the Platform remains unresolved after directing a complaint to a relevant User, Stripe, or if the complaint does not relate to another User, you must report it to Coinxchange via support@coinxchange.com.au. We will assess the complaint and attempt to quickly and satisfactorily resolve it.
Coinxchange reserves the right to request that Stripe hold funds in relation to a dispute until the dispute is resolved, either by us, the relevant parties or by a mediator or arbitrator. We reserve the right to disperse funds held by us as we see fit, including by providing a Customer a refund.
Any costs you incur in relation to a complaint or dispute will be your responsibility.
Coinxchange has the option to appoint an independent mediator or arbitrator if needed. The cost of any mediator or arbitrator must be shared equally between each of the parties to the dispute.
If you have a dispute with Coinxchange, you agree to notify us first and enter into discussion, mediation or arbitration with us for a minimum of a 120-day period before pursuing any other proceedings.
Notwithstanding any other provision of this clause 14, you or Coinxchange may at any time cancel your Account or discontinue your use of the Platform.

15. SECURITY

Coinxchange does not accept responsibility for loss or damage to computer systems, mobile phones or other electronic devices arising in connection with your use of the Platform. You should take your own precautions to ensure that the process you employ to access the Platform does not expose you to the risk of viruses, malicious computer code or other forms of interference.

16. DISCLAIMER

Coinxchange is a medium that facilitates the introduction of Customers and Sellers for the purposes of buying and selling collectable coins. Coinxchange simply collects a service fee in consideration for providing this introduction service and does not have any obligations or liabilities to, and is not a party to any contract between, Customers and Sellers in relation to such Goods or otherwise resulting from the introduction.
To the maximum extent permitted by law and subject to clause 16(c), the total liability of each party (being you, the User and us, Coinxchange) in respect of loss or damage sustained by the other party in connection with this agreement is limited to the amount paid by you on the Platform in the 3 months preceding the date of the event giving rise to the relevant liability.
Clause 16(b) does not apply to your liability in respect of loss or damage sustained by Coinxchange arising from your breach of:
1. clause 3 (‘User Obligations’);
2. clause 11 (‘Intellectual Property’);
3. clause 17 (‘Confidentiality’); or
4. clause 18 (‘Privacy’).
To the maximum extent permitted by applicable law, all express or implied representations and warranties not expressly stated in this agreement are excluded.
Nothing in this agreement is intended to limit the operation of the Australian Consumer Law contained in the Competition and Consumer Act 2010 (Cth) (ACL). Under the ACL, you may be entitled to certain remedies (like a refund, replacement or repair) if there is a failure with the goods or services provided.
To the maximum extent permitted by law, neither party will be liable for any incidental, special or consequential loss or damages, or damages for loss of data, business or business opportunity, goodwill, anticipated savings, profits or revenue in connection with this agreement or any goods or services provided by Coinxchange, except:
1. in relation to a party’s liability for fraud, personal injury, death or loss or damage to tangible property; or
2. to the extent this liability cannot be excluded under the Competition and Consumer Act 2010 (Cth).

17. CONFIDENTIALITY

You agree that:

no information owned by Coinxchange, including system operations, documents, marketing strategies, staff information and client information, may be disclosed or made available to any third parties; and
all communications involving the details of other users on this Platform and of the Seller are confidential, and must be kept as such by you and must not be distributed nor disclosed to any third party.

18. PRIVACY

You agree to be bound by the clauses outlined in Coinxchange’s Privacy Policy, which can be accessed here www.coinxchange.com.au/privacy-policy.

19. TERMINATION

Either Coinxchange or the User may terminate the User’s account at any time (including any listings, memberships or Accounts) for any reason.
If a User wants to terminate their account (and/or any other membership they hold in connection with the Platform), they can do so by using the Platform’s functionality where available. Where such functionality is not available, Coinxchange will effect such termination within a reasonable time after receiving written notice from the User.
In the event that a User’s Account is terminated:
1. the User’s access to all posting tools on the Platform will be revoked;
2. the User will be unable to view the details of all other Users (including contact details, geographic details, any other personal details and service listings or requests); and
3. the User may be unable to view the details of other Service Providers (including contact details, geographic details and any other details), and all service listings previously posted by the respective User will also be removed from the Platform.
Notwithstanding termination or expiry of your Account, this agreement, or any other membership you hold in connection with the Platform, the provisions of Part A and any other provision in this agreement which by its nature would reasonably be expected to be complied with after termination or expiry, will continue to apply.

20. TAX

You are responsible for the collection and remission of all taxes associated with the services you provide or receive or any transactions through your use of the Platform, and Coinxchange will not be held accountable in relation to any transactions between Customers and Sellers where tax related misconduct has occurred.

21. RECORD / AUDIT

To the extent permitted by law, Coinxchange reserves the right to keep all records of any and all transactions and communications made through this Platform between you and other Users (including conversations, user posts, job request bids, comments, feedback, cookies, and I.P. address information) for administration purposes and also holds the right to produce these records in the event of any legal dispute involving Coinxchange.

22. NOTICES

A notice or other communication to a party under this agreement must be:

in writing and in English; and
delivered via email to the other party, to the email address specified in this agreement, or if no email address is specified in this agreement, then the email address most regularly used by the parties to correspond for the purposes of the subject matter of this agreement as at the date of this agreement (Email Address). The parties may update their Email Address by notice to the other party.
Unless the party sending the notice knows or reasonably ought to suspect that an email was not delivered to the other party’s Email Address, notice will be taken to be given:
1. 24 hours after the email was sent, unless that falls on a Saturday, Sunday or a public holiday in the state or territory whose laws govern this agreement, in which case the notice will be taken to be given on the next occurring business day in that state or territory; or
2. when replied to by the other party,
whichever is earlier.

23. GENERAL

GOVERNING LAW AND JURISDICTION

This agreement is governed by the law applying in Victoria, Australia. Each party irrevocably submits to the exclusive jurisdiction of the courts of Victoria, Australia and courts of appeal from them in respect of any proceedings arising out of or in connection with this agreement. Each party irrevocably waives any objection to the venue of any legal process on the basis that the process has been brought in an inconvenient forum.

WAIVER

No party to this agreement may rely on the words or conduct of any other party as a waiver of any right unless the waiver is in writing and signed by the party granting the waiver.

SEVERANCE

Any term of this agreement which is wholly or partially void or unenforceable is severed to the extent that it is void or unenforceable. The validity and enforceability of the remainder of this agreement is not limited or otherwise affected.

JOINT AND SEVERAL LIABILITY

An obligation or a liability assumed by, or a right conferred on, two or more persons binds or benefits them jointly and severally.

ASSIGNMENT

A party cannot assign, novate or otherwise transfer any of its rights or obligations under this agreement without the prior written consent of the other party.

COSTS

Except as otherwise provided in this agreement, each party must pay its own costs and expenses in connection with negotiating, preparing, executing and performing this agreement.

ENTIRE AGREEMENT

This agreement embodies the entire agreement between the parties and supersedes any prior negotiation, conduct, arrangement, understanding or agreement, express or implied, in relation to the subject matter of this agreement.

INTERPRETATION

(singular and plural) words in the singular includes the plural (and vice versa);
(gender) words indicating a gender includes the corresponding words of any other gender;
(defined terms) if a word or phrase is given a defined meaning, any other part of speech or grammatical form of that word or phrase has a corresponding meaning;
(person) a reference to “person” or “you” includes an individual, the estate of an individual, a corporation, an authority, an association, consortium or joint venture (whether incorporated or unincorporated), a partnership, a trust and any other entity;
(party) a reference to a party includes that party’s executors, administrators, successors and permitted assigns, including persons taking by way of novation and, in the case of a trustee, includes any substituted or additional trustee;
(this agreement) a reference to a party, clause, paragraph, schedule, exhibit, attachment or annexure is a reference to a party, clause, paragraph, schedule, exhibit, attachment or annexure to or of this agreement, and a reference to this agreement includes all schedules, exhibits, attachments and annexures to it;
(document) a reference to a document (including this agreement) is to that document as varied, novated, ratified or replaced from time to time;
(headings) headings and words in bold type are for convenience only and do not affect interpretation;
(includes) the word “includes” and similar words in any form is not a word of limitation;
(adverse interpretation) no provision of this agreement will be interpreted adversely to a party because that party was responsible for the preparation of this agreement or that provision; and
(currency) a reference to $, or “dollar”, is to Australia currency, unless otherwise agreed in writing.

Part B: Sellers

1. ELIGIBILITY

You must verify that any Customer is over 18 years old or has their parent or guardian’s consent to use the Platform.

2. LISTINGS

You acknowledge and agree that:

you must use your best endeavours to provide as much information as possible in any listing you upload to offer to provide Goods via the Platform (Listing), including but not limited to information about the quality, the actual value of the Goods, the recommended retail price, high quality photographs of each item without filters and any other information reasonably requested by Coinxchange;
if you are offering to sell Goods that are an original item, you represent and warrant that to the best of your knowledge, those Goods are authentic original items, and not fake or collectible versions of the Goods; and you will use your best endeavours to confirm that the Goods are not fake or collectible versions of those Goods;
Coinxchange may choose not to accept any Listing you submit to the Platform, and Coinxchange may limit the number of Listings you can submit on the Platform;
for each Listing you submit on the Platform, if a Customer agrees to purchase Goods via that Listing, you must post the Goods within 48 hours from the time the Customer agreed to purchase the Goods, and at this time Coinxchange will collect a Service Fee (defined in clause 3 below);
if you do not post the Goods within 48 hours from the time the Customer agreed to purchase Goods, the Customer will be able to cancel the purchase and be eligible to a full refund of the total amount paid for the Goods;
for any Goods, you must only charge each Customer the amount you have quoted as being payable by a Customer in the relevant Listing for the Good(s) described in that Listing (GST inclusive) (Quoted Amount), minus the Service Fee (Remaining Balance) and you must not try to claim the Service Fee, or any other additional amount, from the Customer for the Goods;
the Quoted Amount (defined in Part C of this agreement) will be paid by the Customer to the Third Party Payment Platform (defined in Part C of this agreement), and Coinxchange will ensure that the Third Party Payment Platform pays the Remaining Balance to you within a reasonable time after the Third Party Payment Platform receives it from the Customer;
delivery of Goods to Customers is the responsibility of the Seller, and we are not responsible for any loss suffered by the Seller due to damage or loss of Goods during transit or delivery, due to the Goods being incorrectly packaged or insufficiently protected;
you may charge for delivery of Goods to the Customer as part of a Listing, such amount to form part of the Quoted Amount, however the amount charged for delivery must be reasonable;
you must take all reasonable steps to provide the Goods as described in every Listing that is accepted by a Customer, including by not cancelling any part of an accepted Listing;
you must deal with any dispute with a Customer in accordance with clause 14 of Part A;
Coinxchange reserves the right to allocate the Remaining Balance between a Customer and a Seller in accordance with:
1. any other agreement between that Customer and Seller, as notified to Coinxchange; or
2. Coinxchange’s right to disperse funds as it sees fit in circumstances of a dispute (clause 14 of Part A);
any additional terms and conditions relating to a Listing or quote provided via the Platform are solely between you and the Customer and do not involve Coinxchange in any way, except that they must not be inconsistent with either party’s obligations under this agreement; and
Coinxchange will have no responsibility for the accuracy, reliability or timeliness of the content provided by a Customer responding to a Listing, and the Seller must take steps to independently verify the accuracy and reliability of such content.

3. FEES

Viewing the Platform and posting a Listing is free.
Once a Customer accepts a Listing on the Platform, the Customer will be prompted to pay the Quoted Amount to you via the Third Party Payment Platform (defined in Part C of this agreement).
After the Third Party Payment Platform receives payment from the Customer, we will ensure that the Third Party Payment Platform transfers the Remaining Balance to you within a reasonable time.
The service fee will be the percentage of the Quoted Amount specified on the Platform from time to time, plus any fee payable for the transaction to the Third Party Payment Platform (Service Fee).
You will be responsible for any fee payable for the transaction to the Third Party Payment Platform.
The Third Party Payment Platform may hold the Remaining Balance for a reasonable period after receiving it from a Customer. For the purposes of this clause, you understand and agree that 14 days is a reasonable period. Coinxchange reserves the right to have the Third Party Payment Platform hold the Remaining Balance and disperse this amount, along with other amounts, to the Seller in a bulk monthly payment.
Sellers may request the Remaining Balance be paid to them earlier, by providing evidence that the relevant Good has been dispatched to the relevant Customer. We may approve such requests, at our absolute discretion, and we may require Sellers to pay additional fees in consideration for such approval.
Coinxchange reserves the right to change or waive the Service Fee at any time by updating this agreement on the Platform.

4. REFUNDS & CANCELLATIONS

Without limiting or otherwise affecting the terms of this agreement, if you wish to cancel a Listing before you have fulfilled the requirements of the Listing that a Customer has agreed to, you must contact us using the Platform’s functionality, including providing details as to why you are cancelling. If Coinxchange decides to investigate your request, you must provide assistance and information to Coinxchange as reasonably requested.
You must ensure that your cancellation policy and refund policy, in relation to your Listings, are in compliance with all applicable laws under the Competition and Consumer Act 2010 (Cth).
Without limiting clause 4(d), if we accept your request to cancel a Listing already accepted by a Customer, we may take one or more of the following actions:
1. cancel your Account or membership with Coinxchange;
2. refund the Service Fee to the relevant Customer; or
3. require that you pay all or part of the Service Fee refunded to the Customer and issue you an invoice for that amount.
The Service Fee is by default non-refundable for change of mind. However, Coinxchange may, in its absolute discretion, issue refunds of the Service Fee in certain circumstances.
You agree to honour and comply with the process set out in this clause 4 in the event of a pricing error on the Platform.

5. BYPASSING

You agree that while you are a Seller on the Platform, regardless of the reason that your Account was suspended or cancelled, you will not, either directly or indirectly, solicit or attempt to solicit any business, work, income or other benefit, from any Customer whom you came to know about, or with whom you provided goods or services to directly or indirectly, by using the Platform. This provision will apply whether or not the Customer or their representative is still active on the Platform.
Coinxchange may, in its absolute discretion, cancel your Account and suspend you from using the Platform if it finds or suspects that you have breached or are in breach of this clause 5.

6. BINDING CONTRACT

You agree that when a Customer accepts a Listing, this constitutes a binding contract between you and that Customer, where you will provide the Customer with the Goods in the Listing they accepted in exchange for your receipt of the Remaining Balance. A contract is formed in this respect when the Customer responds to the Listing on the Platform confirming that they accept the Seller’s offer.

7. WARRANTIES

By listing yourself as a Seller on the Platform and posting a Listing, you represent and warrant that:

you are able to provide the Goods as specified in the Listing; and
you will provide the relevant Goods to Customers in compliance with all applicable laws.

Part C: Customers

1. LISTINGS AND FEES

You acknowledge and agree that:

if you accept a Listing, that will constitute your entry into a contract with the Seller;
for each Listing you respond to, you must pay the Quoted Amount, which will be debited from your Account and Coinxchange will keep a Service Fee which will be a percentage of the Quoted Amount; and
any terms and conditions relating to Goods or a quote provided via the Platform are solely between you and the Seller and do not involve Coinxchange in any way, except that they must not be inconsistent with either party’s obligations under this agreement.

2. PAYMENT

Unless otherwise agreed in writing with the Seller you must pay for all Goods specified in a Listing within 48 hours from the time you agreed to purchase the Goods.
For each Listing you submit on the Platform, if a Customer agrees to purchase Goods via that Listing, you must post the Goods within 48 hours from the time the Customer agreed to purchase the Goods, and at this time Coinxchange will collect a Service Fee (defined in clause 3 below).
If you do not pay for the Goods specified in a Listing within 48 hours from the time the Seller agreed to sell you the Goods, the Seller will be able to cancel the order and be eligible to create a new Listing for the Goods.
Coinxchange reserves the right to charge credit card surcharges in the event that payments are made using a credit, debit or charge card (including Visa, MasterCard or American Express).
Coinxchange processes payments through a Third Party Payment Platform, being Stripe.com. In addition to this agreement, your purchase of any Goods via the Platform will be subject to the terms and the privacy policy of the Third Party Payment Platform, available on the Third Party Payment Platform’s website, at https://stripe.com/au.
You agree to release Coinxchange and its employees and agents in respect of all liability for loss, damage or injury which may be suffered by any person arising from any act or omission of the Third Party Payment Platform, including any issue with security or performance of the Third Party Payment Platform or any error or mistake in processing your payment.
In the event that we discover an error or inaccuracy in any price at which your order was purchased via the Platform, we will attempt to contact you and inform you of this as soon as possible. Subject to your agreement with the Seller, you will then have the option of purchasing the relevant Goods at the correct price, or cancelling your order. If you choose to cancel your order and payment has already been debited, the full amount will be credited back to your original method of payment.

3. DISCLAIMER ON LISTINGS

Coinxchange accepts no responsibility for any Listing and makes no representation, warranty or guarantee about the quality, suitability, accuracy, reliability, completeness or authenticity of any Goods in a Listing.
If you intend to accept a Listing for the purchase of Goods where the Seller represents that the Goods are original or collectable items, you acknowledge and agree that:
1. Coinxchange does not warrant or guarantee to screen every Listing for the authenticity of any Goods;
2. you are responsible for making your own enquiries and assessments and communicating with the Seller as to the authenticity of the Goods prior to accepting the Listing; and
3. you release Coinxchange in respect of any loss suffered by any person as a result of any fake or imitation original or collectable items you purchase on the Platform.

4. CANCELLATIONS

Coinxchange will have no liability or obligation to you if a Seller cancels a Listing at any time after you have accepted it and you will not be entitled to any compensation from Coinxchange, including any portion of the Service Fee.
If you wish to cancel a Good before the Seller has fulfilled the requirements specified in the relevant Listing, you must contact the Seller. If Coinxchange decides to investigate your cancellation, you must provide assistance and information to Coinxchange as reasonably requested.
If you cancel a Good, whether the Remaining Balance paid to the Seller is refundable to you in respect of that Good will depend on the cancellation policy and refund policy of the Seller.
The Service Fee is by default non-refundable for change of mind. However, Coinxchange may, in its absolute discretion, issue refunds of the Service Fee in certain circumstances.

5. LINKED BUSINESSES

You acknowledge and agree that:

the Platform provides links and introductions to Sellers owned and operated by third parties that are not under the control of Coinxchange;
the provision by Coinxchange of introductions to Sellers does not imply any endorsement or recommendation by Coinxchange of any Seller;
Coinxchange does not examine, determine or warrant the certification and/or licensing, competence, solvency or information of any Seller who uses or is listed on the Platform; and
any terms and conditions relating to a good or service, Listing or quote provided via the Platform constitute a contract between you and the Seller and do not involve Coinxchange in any way.

6. COMMUNICATION OUTSIDE THE PLATFORM

You must not communicate with a Seller, or request or entice a Seller to communicate with you, outside the Platform (except in the course of accepting the Seller’s goods).
Coinxchange, in its absolute discretion, may cancel your Account and suspend you from using the Platform if it finds or suspects that you have breached or are in breach of this clause 6.