I accept the Terms and Conditions
ADDITIONAL TERMS FOR VENDORS
These Additional Terms for Vendors (“Terms”) apply to all Vendors at 321TEACH Pty Ltd [ABN 68494144001] (“we, us, our”) website at www.321TEACH.com.au. These Terms together with any other terms and conditions and policies we publish or link to on our website and services form an Agreement with us (“Agreement”). If you register as a business entity, you personally guarantee that you have the authority to enter this Agreement on behalf of the business.
ACCOUNTS AND LISTINGS
You must become a Member to create your e-shop and list your Products for sale. You can become a member by contacting us via email at firstname.lastname@example.org or by signing up at https://321teach.com.au/index.php?dispatch=companies.apply_for_vendor. You agree to provide current, complete and accurate information to us, and promptly inform us of any updates to your information.
Once you have become a Member you will be able to post listings for your Products (“Your Listing”). Your Listing may include images and descriptions of your Products. We have various classes of membership, including free, and tiered paid options for better commissions and inclusions. Our memberships may incur a Membership Fee.
You must maintain the confidentiality of your password and login for your Membership. You are solely responsible for all use of your login and password. Your Membership is non-transferable and you must immediately notify us at admin@321TEACH.com.au of any unauthorised use of your login. You are solely responsible for any activity on your membership account.
It is your responsibility to obtain any permits or licenses that are required to sell your Products, and it is your responsibility to comply with all relevant laws. When providing the Products you warrant that you own all Intellectual Property Rights in those Products and/or have a license to on-sell the Products.
We do not guarantee that by becoming a Member and posting Your Listing you will have any increase in sales, revenue, or that you will have any purchasers for your Products. You are solely responsible for your Products, marketing and sales.
Except as required by law we do not warrant the quality of our marketplace services or warrant that they will meet your expectations.
RIGHTS IN YOUR LISTING
When you post Your Listing on our Website, we do not make any claim to it. We also do not make any claim to your actual Products. For example, we do not make claim to the rights in any copy or images of yours. You are solely responsible for Your Listing and your Products. You warrant that Your Listing and your Products do not infringe or violate any third-party rights, including any Intellectual Property Rights. If Your Listing or your Products are alleged to infringe a third-party’s rights, we will take immediate action, and may remove Your Listing or terminate your Membership at our sole discretion. You must not post any links to any other online retailers or ecommerce sites in Your Listing.
By posting Your Listing you grant us a licence to use it. This license is so that we can function as a marketplace, grow our marketplace and help you promote your Products. You also permit us not to credit or attribute Your Listing to you. The reason we need this licence is so that we can do things such as show your images to Buyers, resize or enhance images, edit any copy that may have mistakes in it or be outdated, feature your Product on our blogs or podcasts, or social media ads or similar reasons.
The following is the legal version of that licence:
You grant us a non-exclusive, worldwide, perpetual, irrevocable, royalty-free, transferable licence to all Copyright in Your Listing, including, but not limited to, the right to broadcast on any third-party platforms. This is a licence is to use, display, edit, modify, reproduce, distribute, store and prepare derivative works of Your Listing. Further, you waive all Moral Rights you have in Your Listing. For the avoidance of doubt, you retain all intellectual Property Rights in your Product.
YOUR OBLIGATIONS WHEN PROVIDING PRODUCTS
You warrant that any Products you list will be of a suitable quality, safety and legality. We do not permit the sale of any Products unsuitable for children, any alcohol, tobacco, drugs, medicines, items with hate speech, dangerous items, pornography, mature content or internationally regulated items. We also do not allow the sale of multi-level marketing products to be sold on our platform. Our platform is for the purpose of marketing resources for teachers only.
AUSTRALIAN CONSUMER LAW
Our marketplace services come with guarantees that cannot be excluded under the Australian Consumer Law. For major failures with the service, you are entitled:
to cancel this Agreement with us; and
to a refund for the unused portion, or to compensation for its reduced value.
You are also entitled to be compensated for any other reasonably foreseeable loss or damage.
If the failure does not amount to a major failure, you are entitled to have problems with the service rectified in a reasonable time and, if this is not done, to cancel this Agreement and obtain a refund for the unused portion.
YOUR LISTING RULES
You must conduct yourself appropriately when using our Website, including being respectful and courteous to all other Members. Your Listing must be accurate, correct and up-to-date. You are solely responsible for any inaccuracies or errors in Your Listing. We may monitor Your Listing and Your Products to ensure that they are suitable and in line with 321TEACH’s vision and values and that they are professional and properly proof-read. If you post or do any of the following, we may, at our sole discretion remove Your Listing or terminate your Membership:
any inappropriate or offensive content including but not limited to, any insults or profanity, conduct that is religiously, racially, or sexually offensive, obscene, or threatening or abusive, or that impersonates, stalks or harasses another user;
any illegal content including, but not limited to, anything defamatory, or derogatory towards an organisation,
any false or misleading content,
any copying, modifying or distributing of any other member’s content without their consent;
any content that offers for sale any counterfeit items or items that infringe any rights including the Intellectual Property Rights of third parties,
any content that includes identifying information of children, except where you have the express written permission of the parents or guardians (ie photo permission),
Any content that includes identifying information of schools, systems or teachers or other organisational or personal information.
You must also comply with the Australian Consumer Law in relation to Your Listing at all times, including, but not limited to, ensuring Your Listing is not misleading or deceptive.
If you consider that someone is breaching the content posting rules, please notify us at email@example.com immediately so that we can address the issue immediately. Where you breach these content rules, we may delete Your Listing and terminate your Membership at our discretion.
The Membership Fee is automatically deducted from your nominated payment method unless you or we cancel your Membership in accordance with the cancellation or termination provisions below. You authorise us to:
deduct the membership Fee and all other accrued and owing fees from your debit or credit card; and
deduct any applicable currency conversion fees or financial service provider fees where relevant.
You must ensure that sufficient funds are available in your nominated account to meet any withdrawals made by us on their scheduled due dates. Where payment is defaulted or not made, you authorise us to debit any outstanding funds from your nominated account without the need for notifying you.
COMMISSION AND TRANSACTION FEES
We will facilitate the introduction between you and Buyers as well as transactions of any purchase between the parties. The monies will be collected from the Buyers and distributed to you after the sale. The distribution of funds may take up to 14 days.
You need to have or set up a PayPal account in order to collect your sales proceeds. When an item sells, a Commission calculated on the total price of the transaction, is applied and deducted from the sale. We also charge a Transaction Fee.
We will automatically deduct the Commission and Transaction Fee from any sales. We may discount or offer free listings and reduce or waive our Commission requirement and Transaction Fees from time to time.
You are responsible for paying any applicable taxes for any sales you make, and ensuring your prices reflect that if necessary (e.g., whether incl or excl of GST).
YOUR OBLIGATIONS AFTER A BUYER PURCHASE
After a Buyer makes a purchase we will send you an order notification email with various details, including the Buyer’s name, email, address if relevant and the Product purchased. You must use your best endeavours to send the Products to the Buyer within 24 hours or one business day of the order being placed. In any event, all digital Products must be sent within 24 hours, and all physical Products must be shipped within 3 days, and delivered via Australia Post or a reputable courier company.
You must comply with the Australian Consumer Law in respect of any refunds, exchanges, and any additional guarantees or promises you have made to the Buyer.
You must also comply with our Return Policy as set out below. We will use our reasonable endeavours to resolve any issues regarding returns, however, in cases which are resolved by store credit, or refund, you must reimburse us the amount of the store credit or refund. In the event of store credit or refund, we will not charge you the Commission and credit you any Commission already paid. Where no reimbursement is made, we may immediately suspend your account.
You must provide a refund to a Buyer where the resource or file has been compromised e.g. it is missing content; where the description misrepresents what is actually contained within the resource, where a Buyer is unable to access a resource because the technical requirements are not included in the resource description, or the resource/ product provided is found to be faulty.
REFUNDS OF COMMISSION AND TRANSACTION FEES
To the extent permitted by law, any refunds of Commissions and Transaction Fees paid to us are at our absolute discretion. We do not provide refunds where you failed to provide us with adequate or accurate information, or where you fail to get results.
CANCELLATION OF YOUR MEMBERSHIP
If you need to cancel your Membership, please email us at firstname.lastname@example.org with 7 days notice so you will not be billed automatically for the following membership period. All our Memberships are on a yearly basis.
You permit us to use any photos, videos and testimonials you post for our marketing and information purposes, or publications exhibitions and professional awards. You must seek our prior written consent before any publication of information about us.
We may refuse to provide Membership to you, or anyone, for any reason, at any time. In particular, if you breach this Agreement we may immediately terminate your Membership and account and remove Your Listing. We may also warn Members to use caution when dealing with you. We can also stop offering our marketplace at any time, for any reason, and without notifying you. We are not responsible to you for any changes, or if we suspend or stop our marketplace.
You can terminate your Membership at any time by deleting your account. Any outstanding fees or amounts will be paid to you upon termination of your membership after the deduction of the Transaction Fees and any Commission. If you wish for any of Your Listing to be removed you will need to notify us. You will need to honour any transaction that is entered into by a Buyer as a result of Your Listing.
LIABILITY AND INDEMNITY
Your use of, or inability to use our marketplace at your sole risk. To the maximum extent permitted by law, we are not liable for any Loss or Damage arising from your Membership or Your Listing including, but not limited to, any errors or omissions in any Your Listing, any price changes or discontinued Listing Services, any termination of your Membership, any removal of Your Listing and any interruptions, any changes. We are also not liable for any Loss or Damage arising as a result of the Buyers you interact with.
To the extent which we are entitled to do so, our liability under the Australian Consumer Law will be limited, at our option to: -
the supply of equivalent Marketplace services e.g., another opportunity to list your Products; or
the payment of the cost of the relevant Transaction Fee.
In any case, our liability to you will not exceed the sum of $100.
You agree to indemnify us, and to keep us indemnified from any Claim arising out of or in connection with Your Listing, your breach of this Agreement, including but not limited to the content rules, where you provide incorrect personal information, any unauthorised use of your Membership account, any lack of results from Your Listing, any disclosure of your personal information, and any further meetings or communications with any Buyer, any Product provided to a Buyer, and any direct or indirect consequences of you accessing using or transacting on the Website.
Where there is a Force Majeure Event, we will not be considered in breach of this Agreement, to the extent that our obligations are unable to be performed by such an event. We will not incur any liability to you for any Loss or Damage of any nature incurred or suffered in connection with any Force Majeure Event.
IF THERE IS A DISPUTE
In the event of any dispute that cannot be resolved, both parties agree to obtain an independent professional arbitrator/dispute resolution specialist to make a determination on the dispute and each party agrees to pay their own costs.
This Agreement is to be construed in accordance with the laws of NSW, Australia, and you and we submit to the jurisdiction of the courts of NSW, Australia. This is the entire agreement between you and us, and supersedes any prior agreements, proposals and communications whether oral or written, between you and us. These Terms do not create any agency, partnership, joint venture, employment or franchisee relationship between you and us. In the event of an inconsistency between these Terms and other terms and conditions on our website, these Terms prevail. No other term is to be included in this Agreement except where it is required to be included by law. The failure by us to exercise any right, or enforce any provision in these Terms does not waive the future operation of that right or provision. In the event that a provision in this Agreement is not enforceable, such provision shall be severed from this agreement to the extent permitted by law, and the remaining provisions will remain in full force and effect. All obligations and liabilities in this Agreement intended to survive termination of this Agreement do survive.
“Agreement” means these Terms for Vendors, and any other terms and conditions and policies published or linked to our website.
“Australian Consumer Law” means Schedule 2 of the Competition and Consumer Act 2010 (Cth).
“Buyer” means any Member who becomes a customer or purchaser of a Vendor’s Products.
“Claim” means any claim, under statute, tort, contract or negligence, any demand, award or costs.
“Commission” means the commission we charge you for a successful sale of your product resulting from a Listing and is 40% for Members, and 20 % for Premium Members.
“Confidential Information” means any information in any form that is about business structure, methods, procedures, financial information, sales, marketing or promotional information, any login details, any personal information as defined under the Privacy Act 1988 (Cth) and any information that the Buyer lets you know is confidential, or is marked as confidential; however it does not include information already in the public domain, or that is required to be disclosed by law.
“Copyright” means the copyright as defined under the Copyright Act 1968 (Cth).
“Force Majeure” means any weather event, any pandemic, any “Act of God”, strikes, government action or any other event beyond the reasonable control of the parties.
“Premium Member” means a member who has signed up for premium membership.
“Intellectual Property Rights” means all copyright, trademarks, design rights, patents, trade secrets and confidential information whether registered or unregistered.
“Loss or Damage” means any direct, indirect, incidental, punitive, special, or consequential loss or damages of any kind, including but not limited to, any loss of profits, loss of goodwill, loss of business reputation, revenue, savings, loss of data, loss of enjoyment, virus to systems, personal injury, death, negligence, trespass, property damage and legal costs.
“Marketplace” means our website platform at www.321teach.com.au, for Members that enables a marketplace where Vendors can sell and Buyers can purchase Products.
“Member” means any person or business that signs up to become a Vendor or Buyer on our website, and can include Members and Premium Members.
“Membership Fee” means any membership fee we charge you for being a member and giving you the right to list Products on our website.
“Moral Rights” means all moral rights as defined under the Copyright Act 1968 (Cth).
“Products” means any product whether digital or physical that a Vendor lists on our website.
“Representatives” means any of your employees or contractors.
“Transaction Fee” means the fee we charge you for each successful sale of your product resulting from a Listing to cover bank fees and third party fees, and is currently 2.6% + $0.30 per transaction.
“Vendor/ You” means any Member being a person or business listing their Products on our website, and includes all your Representatives.
“We, us, or our” means 321TEACH Pty Ltd [ABN 68494144001] and includes any of our directors, officers, employees, agents, partners, contractors and where relevant any parent companies or subsidiaries.
“Website” means www.321teach.com.au, and everything available on this website including, but not limited to, our marketplace and all listing services.
“Your Listing” means all of the content in your listing and any further posts made on our Website and any information provided to us and could include any images, logos, photos, graphics, designs and product and service descriptions in relation to your Products.