Junkyard Surf Pty Ltd - Terms and Conditions

In these Terms, when we say you or your, we mean you as an individual if you are accepting these Terms for yourself. If you are accepting these Terms on behalf of an entity (such as your employer) and you are authorised to do so, then you or your means that entity. When we say we, us, or our, we mean Junkyard Surf Pty Ltd (ACN 686 364 330).

You can find a list of the defined words (capitalised terms) and their meaning at the end of these Terms.

OUR DISCLOSURES

Please read these Terms carefully before you accept. We draw your attention to:

● our privacy policy (on our website) which sets out how we will handle your personal information;

● clause 1.7 (Variations) which sets out how we may amend these Terms;

● clause 11 (Liability) which sets out exclusions and limitations to our liability under these Terms.

We may receive a benefit (which may include a referral fee or a commission) should you visit certain third party websites through a link on our Platform, or for featuring certain goods or services on our Platform.

These Terms do not intend to limit your rights and remedies at law, including any of your Consumer Law Rights.

1. Services

1.1 Our Platform is a place where Sellers and Buyers can find each other, for the purpose of connecting and transacting.

1.2 We only provide our Services and are not a party to any transaction between Buyers and Sellers.

1.3 You must be at least 16 years old to use our Platform.

1.4 During the Term, subject to your acceptance and compliance with these Terms, we grant you a right to use our Platform (which may be suspended or revoked in accordance with these Terms). Subject to clause 2.2, this right cannot be passed on or transferred to any other person.

1.5 While we strive to always make the Platform available to you, we do not make any promises that these will be available 100% of the time. The Services may be disrupted during certain periods, including, for example, as a result of scheduled or emergency maintenance.

1.6 You must not:

(a) access or use our Platform in any way that is improper or breaches any laws, infringes any person's rights (for example, intellectual property rights and privacy rights), or gives rise to any civil or criminal liability;

(b) interfere with or interrupt the supply of our Platform, or any other person’s access to or use of our Platform;

(d) attempt to access any data or log into any server or account that you are not expressly authorised to access;

(e) use our Platform to send unsolicited electronic messages;

(f) use data mining, robots, scraping or other data gathering and extraction tools on our Platform; or

(g) access or use our Platform to transmit, publish or communicate material that is, defamatory, offensive, abusive, indecent, menacing, harassing or unwanted.

1.7 We may amend these Terms at any time, by providing written notice to you. By clicking “I accept” or continuing to use our Platform after the notice or 30 days after notification (whichever date is earlier), you agree to the amended Terms. If you do not agree to the amendment, you may close your Account with effect from the date of the change in these Terms by providing written notice to us. If you close your Account, you will no longer be able to access our Services (including our Platform) on and from the date of cancellation.

1.8 Where you engage third parties to operate alongside our Platform (for example, any third-party software systems you wish to integrate with our Platform), those third parties are independent of us and you are responsible for (meaning we will not be liable for) the goods or services they provide, unless we expressly agree otherwise in writing.

2. Account

2.1 You must sign up for an Account in order to use our Platform.

2.2 You may invite Authorised Users to access and use our Platform under your Account. You are responsible for ensuring that your Authorised Users comply with these Terms.

2.3 While you have an Account with us, you agree to:

(a) keep your information up-to-date (and ensure it remains true, accurate and complete);

(b) keep usernames and passwords secure and confidential, and protect them from misuse or being stolen; and

(c) notify us if you become aware of, or have reason to suspect, any unauthorised access to your Account or any logins linked to your Account.

2.4 We may conduct an identity verification process (Identity Check) ourselves or through a third party for any details in your Account.

2.5 You agree to co-operate with us in carrying out the Identity Check, including by providing us with any Personal Information necessary to complete this process (such as your name, proof of address, and proof of identity) and where you are a Seller you must provide your ABN if:

(a) you are a registered business and want to charge GST on sales; or

(b) you are listing surf services, so that we can verify the authenticity of your business before listing on the Platform.

2.6 Where we have engaged a third party to carry out the Identity Check, you consent to us disclosing your Personal Information to that third party for this purpose.

Verifications

2.7 If you pass an Identity Check, you may be permitted to use a verification symbol on our Platform (Verified Status). By allowing Platform users to operate with Verified Status, we are not guaranteeing or endorsing that a person who uses a verification symbol on our Platform will not engage in misconduct, and you should do your own due diligence before doing business or engaging with a person who uses a verification symbol on our Platform.

3. Platform Summary

3.1 Our Platform provides a forum for Buyers and Sellers to find each other, for the purpose of Sellers advertising to sell surfing related goods or services and Buyers purchasing surfing related goods or services (Offer).

3.2 Sellers wanting to sell surfboards, surf lessons or surfboard repair services can post an accurate and complete description of the goods or services they want to Offer, including the proposed Offer Price for the surfboards, surf lessons or surfboard repairs (Listing). For surfboard repair or rental services, Sellers may post their Listing which will direct Buyers to the Seller's website or social media platforms. By posting a Listing, you (a Seller):

(a) confirm that you are legally entitled to and capable of supplying the Offer described in the Listing;

(b) must include all terms and conditions relating to their Offer in the relevant Listing (including as to cancellations and refunds);

(c) must have appropriate insurance to cover the Offer (and you should include details of this in the relevant Listing); and

(d) must comply with all laws applicable to the Offer.

3.3 Buyers wanting to connect with Sellers to purchase surfboard or surf lessons via the Platform, can use the Platform to view and browse Listings. Buyers wanting surfboard repairs or rental services will be directed to the Seller's website or social media platforms to complete their enquiry or transaction.

3.4 Sellers and Buyers can communicate privately using our private messaging service or outside of the Platform.

3.5 Sellers and Buyers can renegotiate the terms of a Listing and can agree upon a revised Offer Price for the Listing or any other terms. Any agreed revision becomes part of the Listing.

3.6 By making payment of the Offer Price, Buyers accept the terms and conditions in the Listing (subject to any agreed changes between the parties as per clause 3.5).

3.7 Upon termination of these Terms:

(a) for Sellers, your existing Listings will be removed and any purchased Offers not yet provided will be cancelled (and Buyers will be refunded accordingly if any funds have exchanged); and

(b) for Buyers, your purchased Offers not yet provided will be honoured unless it is a requirement of the relevant Offer that Buyers are active users of our Platform (in which case a refund will be at the discretion of Sellers or the terms of the relevant Listing (if any)).

3.8 Sellers and Buyers must not use our Platform to obtain each other’s contact details for the purpose of circumventing any fees payable to us for the use of our Platform and our Services.

3.9 We do not endorse or approve, and are not responsible for, any Offers or the details of any Listings. We may, at any time (at our sole discretion and without any Liability), remove any Listings, including where an Offer or a Listing: (a) is illegal or offensive; or (b) contains graphic, inappropriate or unlawful content.

4. Disputes between Sellers and Buyers relating to Listings

4.1 This clause is subject to (and any refunds must comply with) (as applicable) Apple’s Refund Policy and Google Play Refund Policy as applicable.

4.2 The cancellation and refund of any amounts paid in respect of an Offer is strictly a matter between Sellers and Buyers. The terms and conditions of a Listing must clearly set out whether refunds or cancellations are permitted.

4.3 We encourage Sellers and Buyers to attempt to resolve disputes (including claims for refunds or remedies) directly and in good faith, either through our Platform or through external communication methods. In the event that a dispute cannot be resolved through these means, Sellers and Buyers may choose to resolve the dispute through other means, such as mediation. We are not responsible for mediating or resolving disputes between Sellers and Buyers.

4.4 This clause 4 will survive the termination or expiry of these Terms.

5. Payment Collection Services

5.1 Where a Seller uses our Platform to make an Offer and the Listing is accepted by a Buyer, each of the Seller and Buyer acknowledge and agree that the Buyers must pay the agreed Offer Price using cash or one of our third-party payment processors as set out in the Listing details.

5.2 If the Seller is registered for GST, the Platform will account for the GST in the Offer Price.

5.3 If the Buyer pays for the goods or services using cash, the Buyer must pay the Seller at the time of finalising the Offer and redeeming the goods or services.

5.4 If the Buyer pays for the goods or services using our third-party payment processors, each of the Seller and Buyer acknowledge and agrees that:

(a) the Seller appoints us as its limited payment collection agent to collect the Buyer’s payment of the agreed Offer Price on its behalf;

(b) the Buyers’ payment of the agreed Offer Price to us in our capacity as the Seller’s limited payment collection agent will constitute the Buyer paying the Seller for the Offer set out in the Listing;

(d) we will facilitate the Buyer’s payment of the agreed Offer Price less any third-party payment processing fees to the Seller in our capacity as the Seller’s limited payment collection agent;

(e) if the Buyer pays using our third-party payment processor, the payments will be held in escrow by the Platform until the Offer has been supplied. We will remit the fees to the Seller as follows:

(1) for a Seller’s first payout, we will remit the funds within 14 business days from the date we receive payment of the relevant Offer Price, subject to any identity verification by the third-party payment processor; and

(2) for all subsequent payouts, we will remit the funds within 2 business days of the Offer being supplied to the Buyer;

(f) Sellers will only be paid the Offer Price where Buyers have made payment; and

(g) on finalisation of the Offer, the Platform will generate an invoice on behalf of the Seller which will contain all the requirements of a “tax invoice” as that term is defined in the A New Tax System (Goods and Services Act) 1999 (Cth). This invoice will be available for the Buyer and the Seller to download on the Platform.

6. Payments

6.1 You must pay all amounts due under these Terms in accordance with these Terms or as set out on our Platform (as applicable).

6.2 We may pre-authorise or charge your payment method for a nominal amount to verify the payment method.

6.3 If any fees due to us under these Terms or as a result of your use of our Platform are not paid on time, we may:

(a) suspend your access to our Services (including access to our Platform); and

(b) charge interest on any overdue payments at a rate equal to the Reserve Bank of Australia’s cash rate, from time-to-time, plus 2% per annum, calculated daily and compounding monthly.

6.4 You are responsible for paying any levies or taxes associated with your use of our Services, for example, sales taxes, value-added taxes or withholding taxes (unless we are required by law to collect these on your behalf).

7. Reviews – Applicable to Buyers Only

7.1 You may review your experience with Sellers on our Platform (Review). We may remove Sellers from our Platform (in our sole discretion) who receive a high number of negative Reviews.

7.2 You agree to provide true, fair and accurate information in your Review. If we consider that your Review is untrue, unfair, inaccurate, offensive or inappropriate, we may delete the Review or ban you from posting further Reviews. We do not undertake to review each Review. To the maximum extent permitted by law, we are not responsible for the content of any Review.

7.3 You may only write a Review about your own experience. You must not write a Review about another person’s experience.

7.4 If you have been offered an incentive (such as a gift, reward, discount or payment) for leaving a Review, you should include information about this in your Review.

7.5 You must not disclose any Personal Information in your Review.

8. Confidential Information and Personal Information

8.1 While using our Services, you may share confidential information with us, and you may become aware of confidential information about us. You agree not to use our confidential information, and to take reasonable steps to protect our confidential information from being disclosed without our permission, and we agree to do the same for your confidential information. This also means making sure that any employees, contractors, professional advisors or agents of ours or yours only have access to confidential information on a ‘need-to-know basis’ (in other words, the disclosure is absolutely necessary), and that they also agree to not misuse or disclose such confidential information.

8.2 Notwithstanding, either you or we may share confidential information with legal or regulatory authorities if required by law to do so.

8.3 We collect, hold and disclose and use any Personal Information you provide to us in accordance with our privacy policy, available on our website, and applicable privacy laws. As set out in our privacy policy, we may need to disclose Personal Information to third parties, such as our related companies or our service providers (for example, IT and administrative service providers and our professional advisors). As part of our Services, we will also need to disclose information about Buyers to Sellers, and vice versa, so that they can connect and transact.

8.4 You must only disclose Personal Information to us if you have the right to do so (such as having the individual’s express consent).

8.5 Sellers and Buyers must not disclose Personal Information about each other to third parties unless authorised by these Terms or by law.

8.6 Where we are required by law to report on our activities, you acknowledge that from time to time we may request certain information from you in order to meet our requirements, and you agree to provide us with such information within the timeframes reasonably requested by us.

8.7 This clause 8 will survive the termination or expiry of these Terms.

9. Intellectual Property and Data

Our IP

9.1 We own all intellectual property rights in our Services (including our Platform). This includes how our Platform looks and functions, as well as our copyrighted works, trademarks, inventions, designs and other intellectual property owned or licensed by us. You agree not to copy or otherwise misuse our intellectual property without our written permission (for example, to reverse engineer or discover the source code of our intellectual property), and you must not alter or remove any confidentiality, copyright or other ownership notice placed on our Platform.

9.2 Subject to your compliance with these Terms, we grant you a non-exclusive, revocable, non-sublicensable and non-transferable licence to view the content displayed on the Platform, solely for your own personal/internal business use.

9.3 Excluding rights you have in respect of Your Data, you must not, unless expressly authorised by us or these Terms:

(a) circumvent or disable any content protection system or technical protection measure used in the Services (including the Platform) and/or the content displayed on the Platform;

(b) copy or modify, in whole or in part, any of the intellectual property rights in our Services (including our Platform) and/or the content displayed on the Platform;

(c) reproduce, retransmit, distribute, disseminate, sell, publish broadcast to any third party or otherwise commercialise our intellectual property rights in our Services (including our Platform) and/or the content displayed on the Platform; or

(d) breach, or allow any third party to breach, any intellectual property rights in the content.

Feedback

9.4 We may use any feedback or suggestions that you give us in any manner which we see fit (for example, to develop new features), and no benefit will be owed to you as a result of any use by us of your feedback or suggestions.

Anonymised statistical data

9.5 When you use the Services (including the Platform), we may create anonymised statistical data from your usage of the Services (for example, through aggregation). Once anonymised, we own that data and may use it for our own purposes, such as to provide and improve the Services, to develop new services or product offerings, to identify business trends, and for other uses we communicate to you. This may include making such anonymised data publicly available, provided it is not compiled using a sample size small enough to make Your Data or identity identifiable.

Your Data

9.6 Sellers grant us a non-exclusive, irrevocable, royalty-free, sublicensable and transferable licence for the duration that a Listing is available on our Platform, to host Listings on our Platform for the purpose of making Offers available to Buyers.

9.7 If Sellers and Buyers use our private messaging service, Sellers and Buyers grant us a non-exclusive, irrevocable, royalty-free, sublicensable and transferable licence for the duration that a Listing is available on our Platform, to host messages on our Platform for the purpose of the parties negotiating Listing terms.

9.8 We do not own any of Your Data, but when you enter or upload any of Your Data into our Platform, you grant us the right to access, analyse, backup, copy, store, transmit, and otherwise use Your Data for the duration of your use of the Services (and for a reasonable period of time afterwards). We may use Your Data (or disclose it to third party service providers) to:

(a) supply our Services to you (for example, to enable you to access and use our Services), and otherwise perform our obligations under these Terms;

(b) diagnose problems with our Services;

(d) send you information we think may be of interest to you based on your marketing preferences;

(e) perform analytics for the purpose of remedying bugs or issues with our Platform; or

(f) perform our obligations under these Terms (as reasonably required).

9.9 You acknowledge and agree that because of the nature of the internet, the processing and transmission of Your Data by us may occur over various networks, and may be transferred unencrypted.

9.10 You are responsible for (meaning we are not liable for):

(a) the integrity of Your Data on your systems, networks or any device controlled by you (and/or your personnel); and

(b) backing up Your Data.

9.11 If you do not provide Your Data to us, it may impact your ability to receive/ use our Services.

9.12 Upon termination of these Terms we will retain Your Data (including copies) as required by law or regulatory requirements.

IP Breach

9.13 In the use of any Intellectual Property Rights in connection with these Terms, you agree that you must not (and you must ensure that your personnel do not) commit any Intellectual Property Breach. Without limitation to the foregoing, this means that you must ensure that you hold all intellectual property rights in respect of any of Your Data or any other information you share or upload onto the Platform.

9.14 Where you reasonably suspect that such an any Intellectual Property Breach may have occurred, you must notify us immediately.

Survival

9.15 This clause 9 will survive the termination or expiry of these Terms.

10. Consumer Law Rights

10.1 In some jurisdictions, you may have guarantees, rights or other remedies provided by law (Consumer Law Rights), and these Terms do not restrict your Consumer Law Rights. We will only be bound by your Consumer Law Rights and the express wording of these Terms. Our liability for a breach of your Consumer Law Rights is, unless the laws of your jurisdiction state otherwise, limited to either resupplying our Services, or paying the cost of having our Services resupplied.

10.2 Subject to your Consumer Law Rights, we do not provide a refund for a change of mind or change in circumstance.

10.3 If you accept these Terms in Australia, nothing in these Terms should be interpreted to exclude, restrict or modify the application of, or any rights or remedies you may have under, any part of the Australian Consumer Law (as set out in Schedule 2 of the Competition and Consumer Act 2010 (Cth)).

10.4 Buyers may have Consumer Law Rights in respect of Offers made by Sellers.

11. Liability

11.1 To the maximum extent permitted by law, we will not be liable for, and you release us from liability for, any Liability caused or contributed to by, arising from or in connection with:

(a) your (or any other Platform user’s) breach of clause 8 (Confidential Information and Personal Information);

(b) any aspect of the interactions between Sellers and Buyers, including in relation to any Offers and Listings , any failure of Buyers to pay the Offer Price or any Reviews posted by a Platform user;

(d) any use of our Services by a person or entity other than you or your personnel;

(e) any decision by us under clause 2.5 (Identity Check decision) or use of a Verification symbol on our Platform;

(f) any decision by us under clauses 1.7 (Amendment to Terms), clause 3.9 (Removal of Listing); clause 7.2 (Removal of Reviews) or clause 13.1 (Suspension); and /or

(g) your failure to comply with any app store requirements of Apple Inc. or the Google Play Store.

11.2 Regardless of whatever else is stated in these Terms, to the maximum extent permitted by law:

(a) neither we or you are liable for any Consequential Loss;

(b) a party’s liability for any Liability under these Terms will be reduced proportionately to the extent the relevant Liability was caused or contributed to by the actions (or inactions) of the other party, including any failure by the other party to mitigate its loss;

(c) our aggregate liability to you for any Liability arising from or in connection with these Terms will be limited to the amount of any fees paid by you to us in respect of the supply of the relevant Services to which the Liability relates or if no fees are payable, $10.

11.3 This clause 11 will survive the termination or expiry of these Terms.

12. Notice Regarding Apple

12.1 To the extent that you are using or accessing our Platform on an iOS device through a mobile application from the Apple App Store, you further acknowledge and agree to the terms of this clause. You acknowledge that these Terms are between you and us only, not with Apple Inc. (Apple), and Apple is not responsible for our Platform and any content available on our Platform.

12.2 Apple has no obligation to furnish you with any maintenance and support services with respect to our Platform.

12.3 If our mobile application fails to conform to any applicable warranty, you may notify Apple and Apple will refund the purchase price of the mobile application to you. To the maximum extent permitted by applicable law, Apple will have no other warranty obligation whatsoever with respect to the mobile application and any other claims, losses, liabilities, damages, costs or expenses attributable to any failure to conform to any warranty will be our responsibility.

12.4 Apple is not responsible for addressing any claims by you or any third party relating to our mobile application or your use of our mobile application, including but not limited to: (1) product liability claims; (2) any claim that our mobile application fails to conform to any applicable legal or regulatory requirement; and (3) claims arising under consumer protection or similar legislation.

12.5 Apple is not responsible for the investigation, defence, settlement and discharge of any third-party claim that our mobile application infringes that third party’s intellectual property rights.

12.6 You agree to comply with any applicable third-party terms when using our mobile application.

12.7 Apple and Apple subsidiaries are third-party beneficiaries of these Terms, and upon your acceptance of these Terms, Apple will have the right (and will be deemed to have accepted the right) to enforce these Terms against you as a third-party beneficiary of these Terms.

12.8 You hereby represent and warrant that: (1) you are not located in a country that is subject to a U.S. Government embargo, or that has been designated by the U.S. Government as a "terrorist supporting" country; and (2) you are not listed on any U.S. Government list of prohibited or restricted parties.

12.9 This clause 12 will survive the termination or expiry of these Terms.

13. Suspension and Termination

13.1 We may suspend your access to our Services where:

(a) we reasonably believe there has been any unauthorised access to or use of our Services (such as the unauthorised sharing of login details for our Platform);

(b) we reasonably believe that you have breached these Terms;

(c) we reasonably believe that you are using our Services for inappropriate, unethical, unreasonable or illegal reasons; and/or

(d) you continuously or frequently use our Services at a volume or effort level that is greater than average (based on the data we gather from requests by our other customers).

If we suspend your access to our Services, we will let you know within a reasonable time of doing so, and we will work with you to resolve the matter, or if it cannot be resolved, then we may terminate these Terms and your access to our Services will end.

13.2 We may terminate these Terms (meaning you will lose access to our Services, including access to your Account) if:

(a) you fail to pay any amounts payable to us under these Terms when they are due;

(b) you (or as authorised under these Terms, your personnel) breach these Terms and do not remedy that breach within 14 days of us notifying you of that breach;

(d) you experience an insolvency event (including but not limited to bankruptcy, receivership, voluntary administration, liquidation, or entering into creditors’ schemes of arrangement).

13.3 You may immediately terminate these Terms if:

(a) we amend these Terms under clause 1.7;

(b) we breach these Terms and do not remedy that breach within 14 days of you notifying us of that breach; or

13.4 You may also terminate these Terms at any time by notifying us through your Account or to our email for notices (as set out in clause 14.6), and termination will take effect immediately.

13.5 Termination of these Terms will not affect any other rights or liabilities that we or you may have.

14. General

14.1 Assignment: You may not transfer or assign these Terms (including any benefits or obligations you have under these Terms) to any third party without our prior written consent. We may assign or transfer these Terms to a third party, or transfer any debt owed by you to us to a debt collector or other third party.

14.2 Disputes with Junkyard Surf: Neither we or you may commence court proceedings relating to any dispute, controversy or claim arising from, or in connection with, these Terms (including any question regarding its existence, validity or termination) (Dispute) unless we and you first meet (in good faith) to resolve the Dispute. Nothing in this clause will operate to prevent us or you from seeking urgent injunctive or equitable relief from a court of appropriate jurisdiction.

If the Dispute is not resolved at that initial meeting:

(a) where you are resident or incorporated in Australia, refer the matter to mediation, administered by the Australian Disputes Centre in accordance with Australian Disputes Centre Guidelines for Commercial Mediation; or

(b) where you are not resident or incorporated in Australia, refer the matter to arbitration administered by the Australian Centre for International Commercial Arbitration, with such arbitration to be conducted in Perth, Western Australia, before one arbitrator, in English and in accordance with the ACICA Arbitration Rules.

14.3 Events Outside Our Control: We will not be liable for any delay or failure to perform our obligations (including our Platform), if such delay or failure is caused or contributed to by an event or circumstance beyond our reasonable control.

14.4 Governing law: These Terms are governed by the laws of Western Australia, and any matter relating to these Terms is to be determined exclusively by the courts in Western Australia and any courts entitled to hear appeals from those courts.

14.5 Marketing: You agree that we may send you electronic communications about our products and services. You may opt-out at any time by using the unsubscribe function in our electronic communications.

14.6 Notices: Any notice you send to us must be sent to the email set out on our website. Any notice we send to you will be sent to the email address registered against your Account.

15. Definitions

15.1 In these Terms:

Account means an account accessible to the individual or entity who signed up to our Platform, under which Authorised Users may be granted with access.

Authorised User means a user that you have invited to use the Platform through your Account.

Consequential Loss includes any consequential loss, special or indirect loss, real or anticipated loss of profit, loss of benefit, loss of revenue, loss of business, loss of goodwill, loss of opportunity, loss of savings, loss of reputation, loss of use and/or loss or corruption of data, whether under statute, contract, equity, tort (including negligence), indemnity or otherwise. However, your obligation to pay us any amounts for access to or use of our Platform (including our Platform) will not constitute “Consequential Loss”.

Identity Check has the meaning given in clause 2.4.

Intellectual Property Breach means any breach by you (or any of your personnel) of any of our intellectual property rights (or any breaches of third-party rights, including any intellectual property rights of third parties), including using or exploiting our or another Platform user’s intellectual property other than as expressly stated in these Terms (including, without limitation, on-selling our or another Platform user’s intellectual property to third parties).

Liability means any expense, cost, liability, loss, damage, claim, notice, entitlement, investigation, demand, proceeding or judgment (whether under statute, contract, equity, tort (including negligence), indemnity or otherwise), howsoever arising, whether direct or indirect and/or whether present, unascertained, future or contingent and whether involving a third party or us or you or otherwise.

Listing has the meaning given in clause 3.3.

Offer has the meaning given in clause 3.1.

Offer Price means the price of the goods or services for an Offer, as agreed between the Buyers and Sellers.

Personal Information means any information or opinion about an identified individual, or an individual who is reasonably identifiable, whether the information or opinion is true or not, and whether the information or opinion is recorded in a tangible form or not.

Platform means our cloud-based platform that we provide you with access to, as set out in more detail on our Platform.

Review has the meaning given to it in clause 7.1.

Services means access to the Platform we provide to you and our payment agency services as described in clause 5. Our services do not include support services or any other additional services unless we agree otherwise in writing with you.

Term means the period starting from the time that you access our Platform and/or Services, until the date these Terms are terminated in accordance with clause 13.

Verified Status has the meaning given to it in clause 2.6.

Your Data means the information, materials, logos, documents, qualifications and other intellectual property or data supplied by you and your personnel when using our Services (including Sellers Listing details and any communication between a Sellers and Buyers) or stored by or generated by your use of our Services, including any Personal Information collected, used, disclosed, stored or otherwise handled in connection with our Platform. Your Data does not include any data or information that is generated as a result of your usage of our Platform that is a back-end or internal output or an output otherwise generally not available to users of our Platform.

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