Spakashion.com.au is an online marketplace for the sale and purchase of clothing and apparel, accessories, jewellery, gift hampers and home décor. The terms outlined below apply to all Buyers and Users who wish to purchase products using the Spakashion.com.au online marketplace.

We may modify and update these Terms at any time, without notice. You need to ensure that you review the Terms from time to time. In using our Website and Services, you agree to be bound by the Terms as well as all general terms and conditions posted on the Website from time to time. If you do not accept these Terms, you are not permitted to use the Website services.

 

DEFINITIONS

“Buyer” means anyone purchasing products or services through the Website.

“Seller” means anyone offering, advertising or selling products or services through the Website.

“Content” means all material, links, words, images including but not limited to any products and services the User submits, advertises or links to or on the Website.

“Services” means a classified service whereby Sellers can list their products and services and Buyers can purchase products and services from time to time through the Website.

“Terms” means these terms and conditions.

“We”, “our” and “us” means Soulbook Pty Ltd ABN 48 166 316 098 and includes directors, employees, contractors and affiliates.

“Website” means spakashion.com.au

“You”, “Your” and “User” means the individual or business and includes any person using our Services.

 

ROLE OF SPAKASHION.COM.AU

We are acting as a neutral facilitator only. We provide an information and classifieds service that brings together buyers and sellers. We are not a party to any transaction between any Buyers and Sellers that may originate on or through the Website.

 

REGISTERING FOR OUR SERVICES

In order to use our Services, you must register and set up an account. You must always keep your registration details accurate and up to date.  Any breach of the Terms may result in termination in accordance with our below cancellation and termination clause.

You are solely responsible for maintaining the confidentiality of your password and login details. By using our Services, you agree to the collection, transfer, storage and use of your personal information by us.

On registering for our Services, you are to provide an email address that is to be used for the service of any notices and any correspondence to you.

 

SELLER TERMS 

SELLING YOUR PRODUCTS AND SERVICES

You must register, login and set up your account in order to list any item on the Website and for any associated services.

 

AGREEMENT FOR SERVICES

In order to access and use the Website and Services, you agree to the below terms.

You warrant that:

• The information that you post on and through the Website is genuine, true and accurate;

• You are 18 years of age or older and able to form a legal binding contract;
   
• Any and all products, goods (together ‘Products’), images, words, materials (together ‘Materials’) and anything you produce, create or sell as a Seller, is owned by you, you have full copyright and ownership or license to use and sell the Products and Materials and it will not breach or infringe any laws including any third party rights;

• Any service you provide as a Seller complies with all applicable laws, codes and regulations. In particular, the service provider will have all relevant certifications, licenses and experience to provide any service offered;

• You will not use our Services for any illicit, unlawful, fraudulent, inappropriate, offensive or otherwise illegal activities;

• You will at all times abide by the Australian Consumer Law (‘ACL’) requirements and guarantees including but not limited to the resupply or refund of any products or services you supply or provide which do not meet ACL requirements;

• You will ensure that any Content you include complies with all applicable laws, codes and regulations and that all material and Content is accurate, reliable, up-to-date, lawful, and not misleading;

• You also agree to ensure that you, as a Seller, adhere to good practice service standards for the supply of products and services to customers in a timely and responsive manner; and

• By using our Services and contacting any Buyers through the Website, you represent that you are doing so in good faith, have the ownership rights and title to all products, and will present all information in a true and correct manner to Buyers.

You acknowledge and agree:

• We are a facilitator only for the purposes of permitting businesses and individuals to post their Content on the Website but do not guarantee any bookings, business, increase in traffic or otherwise;

• Any products or Services that you provide to the Buyer are provided directly. Any disputes, issues, dealings or complaints are to be dealt with directly with the Buyer and we are not to be involved;

• You agree to abide by Australian Consumer Law refund, warranty and guarantee requirements with respect to the provision of your products and services that may be posted, sold or otherwise accessed by a Buyer through the Website;

• We are not responsible for, nor affiliated with any particular Buyer or Seller beyond providing the Services;

• By using the Website, you authorise us to use, reuse and to grant others the right to use and reuse your Content and any reproduction or similar in any form of media or technology for any purpose related to the Website;
• The Website uses third party vendors and hosting partners to provide the necessary software, hardware, service and storage; and

• You will not transmit any viruses, malware, worms or any similar item of any kind and that you will not upload, post, host or transmit unsolicited material or messages to the Website.

We make no warranty that the Website services will meet your requirements or be available on an uninterrupted, secure or error free basis. We will do our best endeavours to ensure the Website is always available and virus free but from time-to-time, and in some instances, this may not be the case as it may be out of our immediate control. We will notify you if the Website becomes unavailable for any lengthy and unusual time period.

 

LISTING CONDITIONS

By listing Content on the Website, you assume full responsibility for the Content of the listing and any product, goods or services offered and accept the following listing conditions:

• When you list an item on the Website, your listing will be posted on the Website/APP and can be viewed on the Website/APP.

• Your listing may not be immediately searchable by keyword or category.

• We retain complete editorial control over the Website/APP. We may refuse or remove any Content at any time, position Content as we see fit and label Content to stipulate that the Content is promoted or advertised Content.

• All products and services listed on the Website/APP must match the description in the Content and be available in the manner, at the price and for the time period described in the Content.

• Any shipping costs to be applied must be listed in the Content.

• The Seller’s return, refund and exchange policies must be listed in the Content and not be inconsistent with the Terms.

• Sellers acknowledge that Buyers have a right to notify Sellers of any issues with any orders and products received, within 14 business days of their receipt. They are then entitled to a replacement or refund if there is an issue that meets with ACL requirements around faulty goods, damaged goods, not as advertised and other required ACL guarantees and warranties. You agree at all times to abide by these terms and requirements.

• Once the Seller is notified of an order, it is the responsibility of the Seller to deliver the product or service to the Buyer at a cost not exceeding the shipping costs listed and to dispatch the order within a reasonable time.

 

PAYMENT TERMS

Commission Fees: You agree to pay to us commission fees as agreed for any successful sale of your products or services. Buyers will be required to make full payment for the product or service and we will deduct our agreed commission fees from this payment before providing payment to you.

Advertising Fees: You may agree to pay to us additional advertising fees as agreed for the promotion of any Content listed on the Website/APP.

We will collect payment for all items sold through the Website/APP. Payments will be held on your behalf. Payments held on your behalf, less commission fees and any applicable advertising fees, will be released to you on a either a weekly, fortnightly or monthly basis as agreed prior.

Where you have agreed to grant a refund to a Buyer, the amount to be refunded to the Buyer may be credited to the Buyer from any amount held by us on your behalf at our discretion.

There will be no refunds or credit for transaction fees, advertising fees or other expenses.

 

CANCELLATION AND TERMINATION

To cancel your account: You may cancel your account with us at any time.

We require fifteen (15) days’ notice in advance of any account cancellation. Once a notice of intention to cancel an account is received by us, the account will be disabled. Any orders on a disabled account that have already been paid for by a Buyer, but not yet shipped, will be refunded to the Buyer at the Seller’s expense.

On expiry of the 15-day notice period and provided there are no disputes pending, any outstanding payment owing to you, less any amount owing to us, will be released to you.

On cancellation of your account, all your Content will be removed from the Website.

We are at no time responsible to you or any third party for any deleted files, data or other information that may have been deleted, lost, corrupted by you or us accidentally or intentionally or have otherwise become unavailable prior to or after your account cancellation.

We may terminate your use of our services at any time: We have the right to terminate your use of our Services for any reason, at any time. You agree that we may, in our sole discretion, terminate or suspend your access to the Website with or without notice and for any reason, including, without limitation, breach of these Terms. Any suspected fraudulent, abusive or illegal activity may be grounds for terminating your relationship and may be referred to the appropriate law enforcement authorities.

We reserve the right to suspend any listing and any account in the event we receive complaints, if any Seller does not abide by Australian Consumer Law requirements or for any other reason in our sole discretion.

If we have reasonable grounds to suspect that the information that you provide in any Content is in any way untrue, inaccurate, incomplete or misleading, or that you have breached any Terms, we have the right to immediately remove your Content and to terminate your account at our sole discretion. We may also deny the use of the Website and Services to you in the future in the event of any breach.

We will not be liable to you or any third party for any claims or damages arising out of any termination or suspension, or any other actions taken by us in connection with such termination or suspension.

We may, but are not obligated to, remove any Content that we determine in our sole discretion may be unlawful, offensive, defamatory, obscene, or otherwise objectionable or that violates a third party’s intellectual property or these Terms.

In the event of any breach of our Terms or termination of your subscription, we are not required to provide any refund or part thereof.

 

LIABILITY

You agree and acknowledge that we are not liable for any direct, indirect, consequential or incidental loss, injury or damage which may result from your use of the Website or our Services.

We are not responsible for your Content or for your breach of any third party rights. We are also not responsible for any claim by any User or third party which may be a result of your Content, business or otherwise.

In the event that you have a dispute with one or more Users, you release us (and our officers, directors, agents, subsidiaries, joint ventures and employees) from any and all claims, demands and damages (actual and consequential) of every kind and nature, known or unknown, arising out of or in any way connected with such disputes.

You will indemnify and hold harmless us and our affiliates and our and their respective officers, directors, agents and employees (each an “Indemnified Party”), from any claim made by any User or third party, together with any amounts payable to the User or third party whether in settlement or as may otherwise be awarded, and reasonable legal costs incurred by any of the Indemnified Parties, arising from or relating to your use of our Services, any alleged violation by you of the applicable terms, and any alleged violation by you of any applicable law or regulation. We reserve the right to assume the exclusive defence and control of any matter subject to indemnification by you and doing so will not excuse your indemnity obligations. 

Certain legislation including the Australian Consumer Law, the Consumer and Competition Act 2010 (Cth), and similar consumer protection laws and regulations may confer you with rights, warranties, guarantees and remedies relating to the provision of products and services by us to you which cannot be excluded, restricted or modified (“your Statutory Rights”).

Our liability to you is limited to your Statutory Rights and all other conditions and warranties implied by custom, law or statute are expressly excluded by these Terms.

To the extent that our liability for breach of your Statutory Rights cannot be excluded by law, our liability will be limited, at our option, to the resupply of the Services or a refund of the fees paid by you for the Services.

No agency, partnership, joint venture, or employment is created as a result of these Terms, and you do not have any authority of any kind to bind us in any respect.

We reserve the right to disclose the name and any other personal details of any User to any law enforcement authority or other competent authority or to any person for the purpose of legal proceedings, prosecution, investigation or any breach, alleged breach of the law or these Terms.

 

DISPUTES

By using the Website and the services offered through the Website, you agree and acknowledge that you do so at your own risk. You agree to address all problems, concerns and issues with any product or services directly with the relevant Buyer and that we are not liable for any action or omission of the Buyer.

In the event of any claim against you or us resulting either directly or indirectly from your products or services exchanged on or through the Website, you agree to indemnify us and take over any such claim.

 

INTELLECTUAL PROPERTY

All custom graphics, icons, logos and service names are registered trademarks, copyright, trade or service marks of spakashion.com.au and Soulbook Pty Ltd.

All other trademarks or service marks within the Website are the property of their respective owners. Nothing in these Terms grants you any right to use any trademark, service mark, logo, and/or our name or any of our User.

You are solely responsible for obtaining written permission before reusing any copyrighted material that is available on the Website. Any unauthorised use of the materials appearing on the Website may violate copyright, trademark and other applicable laws and could result in criminal or civil penalties.

 

SEVERABILITY

If a provision of the Terms is illegal or unenforceable in any relevant jurisdiction, it may be severed for the purposes of that jurisdiction without affecting the enforceability of the other provisions of the Terms. 

 

WAIVER

Any waiver of any provision of the Terms will be effective only if in writing and signed by us. If you breach these conditions and we take no action, we will still be entitled to use our rights and remedies in any other situation where you breach these conditions.

 

LEGAL AND FINANCIAL ADVICE

You acknowledge and agree that you have had the opportunity to obtain independent legal and financial advice from appropriately qualified professional advisers and that you considered your personal objectives, financial situation and needs before using our Services. 

 

GOVERNING LAW

These Terms are governed by the laws of Victoria which are in force from time to time and both you and we agree to submit to the exclusive jurisdiction of the Courts of Victoria for determining any dispute concerning these Terms.

 

BUYER TERMS

HOW IT WORKS

When you place an order on or through the Website/APP, you will receive an acknowledgement email confirming receipt of your order. The acknowledgment email will only be an acknowledgement and will not constitute acceptance of your order. A contract between you and the Seller will not be formed until we send you confirmation by email/Notification/Status Update that the Seller has accepted your order. Only those products listed in the confirmation email will be included in the contract formed.

Any contract for sale or purchase is between you and the Seller. It is the Seller’s responsibility to ensure that all details, descriptions and prices that appear on the Website are accurate.

All orders are shipped by the Seller. Delivery costs may be charged and are clearly displayed on the item listing. Where applicable, delivery charges will be included in the total cost.

 

PAYMENT

On receiving your order, we may carry out a standard authorisation check on your payment card or account to ensure that there are sufficient funds to fulfil the transaction. Your card or account will be debited on authorisation being received.

The monies received on the debiting of your card or account must be treated as a deposit against the value of the products you wish to purchase. Once the Seller has accepted your order and you have been sent a confirmation email, the monies paid as a deposit must be used as consideration for the value of products you have purchased as listed in the confirmation email.

 

DELIVERY AND RECEIPT OF PRODUCTS

Products purchased through the Website are not supplied by us. It is the responsibility of the Seller to arrange the delivery of products. Any non-delivery of products must be reported to the Seller as soon as possible.

You must inspect the products immediately on their arrival. If the products are not in accordance with the item listing and you wish to replace or return the item, you must notify the Seller within fourteen (14) days of receipt of the products. If you fail to give such notice, the products will be deemed to be in all respects in accordance with the item listing, subject to consumer guarantees imposed under the Australian Consumer Law (ACL) where applicable.

Title in the products does not pass to you until payment has been received and the Seller has accepted the order. Risk of loss or damage to the products passes to you on dispatch of the products.

 

REFUND, RETURN AND EXCHANGE POLICY

Any request for a refund, return or exchange is to be sent to the Seller. It is the responsibility of you and the Seller to arrange any refund, return or exchange in accordance with the Seller’s refund, return and exchange policy described in the item listing.

 

GENERAL

To be eligible to use the Website/APP and Services, you agree to the below terms.

You warrant that:

• You are 18 years of age or older and able to form a legal binding contract;

• You will not use our Services for any illicit, unlawful, fraudulent, inappropriate, offensive or otherwise illegal activities; and

• You will manage and take over any claim by any Seller or third party that may arise as a direct or indirect result of your use of our services and this website.

You acknowledge and agree:

• We are a facilitator only for the purposes of permitting Sellers to list their products and services;

• We are not responsible for, nor affiliated with any particular Seller beyond providing the Services;

• We are in no way responsible for any product or service purchased by you. Any contractual relationship for products or services purchased through the Website is a contractual relationship between you and the Seller. Any disputes, issues, dealings and complaints are to be dealt with directly through the Seller and we are not to be involved; and

• The website uses third party vendors and hosting partners to provide the necessary software, hardware, service and storage.

We make no warranty that the website services will meet your requirements or be available on an uninterrupted, secure or error free basis. We will do our best endeavors to ensure the website is always available and virus free but from time-to-time, and in some instances, this may not be the case as it may be out of our immediate control.

 

CANCELLATION AND TERMINATION

To cancel your account: You may cancel your account with us at any time.

We require fifteen (15) days’ notice in advance of any account cancellation. Once a notice of intention to cancel an account is received by us, the account will be disabled. Any orders on a disabled account paid for by a Buyer, but not yet shipped, will be refunded to the Buyer at the Seller’s expense.

On expiry of the 15-day notice period and provided there are no disputes pending, any payment owing to you, less any amount owing to us, will be released to you.

We are at no time responsible to you or any third party for any deleted files, order data or other information that may have been deleted,lost,corrupted by you or us accidentally or intentionally or have otherwise become unavailble prior to or after your account cancellation. 

We may terminate your use of our services at any time: We have the right to terminate your use of our Services for any reason, at any time. You agree that we may, in our sole discretion, terminate or suspend your access to the Website with or without notice and for any reason, including, without limitation, breach of these Terms. Any suspected fraudulent, abusive or illegal activity may be grounds for terminating your relationship and may be referred to the appropriate law enforcement authorities.

We will not be liable to you or any third party for any claims or damages arising out of any termination or suspension, or any other actions taken by us in connection with such termination or suspension.

In the event of any breach of our Terms or termination of your subscription, we are not required to provide any refund or part thereof.

 

LIABILITY

You agree and acknowledge that we are not liable for any direct, indirect, consequential or incidental loss, injury or damage which may result from your use of the Website or our Services.

In the event that you have a dispute with one or more Seller or other Users, you release us (and our officers, directors, agents, subsidiaries, joint ventures and employees) from any and all claims, demands and damages (actual and consequential) of every kind and nature, known or unknown, arising out of or in any way connected with such disputes.

You will indemnify and hold harmless us and our affiliates and our and their respective officers, directors, agents and employees (each an “Indemnified Party”), from any claim made by any User or third party, together with any amounts payable to the User or third party whether in settlement or as may otherwise be awarded, and reasonable legal costs incurred by any of the Indemnified Parties, arising from or relating to your use of our Services, any alleged violation by you of the applicable terms, and any alleged violation by you of any applicable law or regulation. We reserve the right to assume the exclusive defence and control of any matter subject to indemnification by you and doing so will not excuse your indemnity obligations. 

Certain legislation including the Australian Consumer Law, the Consumer and Competition Act 2010 (Cth), and similar consumer protection laws and regulations may confer you with rights, warranties, guarantees and remedies relating to the provision of products and services by us to you which cannot be excluded, restricted or modified (“your Statutory Rights”).

Our liability to you is limited to your Statutory Rights and all other conditions and warranties implied by custom, law or statute are expressly excluded by these Terms.

To the extent that our liability for breach of your Statutory Rights cannot be excluded by law, our liability will be limited, at our option, to the resupply of the Services or a refund of the fees paid by you for the Services.

We reserve the right to disclose the name and any other personal details of any User to any law enforcement authority or other competent authority or to any person for the purpose of legal proceedings, prosecution, investigation or any breach, alleged breach of the law or these Terms.

 

BUYER EXPERIENCE FEEDBACK

In posting any comments, experiences or recommendations to the Website/APP, you will at all times ensure you are doing so in good faith and all times abide by all terms on the Website.
Any recommendations, comments, information or posts (together “Posts”) you make to the Website/APP will abide by the Terms and will be made in the spirit, culture and ethos of the Website. You agree that you will only make correct, accurate Posts in good faith and will not use aggressive, defamatory, rude, or offensive language. We will not condone bad language and we will not permit false claims, defamation, harassment, fraud, collusion, or Posts that may offend any person, visitor, user, advertiser or third party. We can at any time, in our sole discretion, remove any Post and deny you access to the Website.

 

DISPUTES

By using the Website and the services offered through the Website/APP, you agree and acknowledge that you do so at your own risk. You agree to address all problems, concerns and issues with any products or services directly with the relevant Seller and that we are not liable for any action or omission of the Seller.

In the event of any claim againt you or us resulting either directly or indirectly from your use of the Website and Services, you agree to indemnify us and take over any such claim. 

 

MODIFICATION OF WEBSITE/APP AND CONTENT

We reserve the right at any time and from time to time to remove, delete, alter or amend any Content or the Website/APP. If we believe the Content to be inappropriate, potentially breach regulations, receive complaints or for any other reason and in our reasonable discretion, we may remove or modify Content at any time without notice. We will not be liable to you or any third party for any modification when it is required.

We may, but are not obligated to, remove any Content that we determine in our sole discretion may be unlawful, offensive, defamatory, obscene, or otherwise objectionable or violates a third party’s copyright, trademarks or other intellectual property rights or these Terms.

We reserve the right to disclose your name and any other personal details of any User to any law enforcement authority or other competent authority or to any person for the purpose of legal proceedings, prosecution, investigation or any breach, alleged breach of the law or the Terms.

 

INTELLECTUAL PROPERTY

All custom graphics, icons, logos and service names are registered trademarks, copyright, trade or service marks of spakashion.com.au and Soulbook Pty Ltd

All other trademarks or service marks within the Website are the property of their respective owners. Nothing in these Terms grants you any right to use any trademark, service mark, logo, and/or our name or any of our advertisers.

You are solely responsible for obtaining written permission before reusing any copyrighted material that is available on the Website. Any unauthorised use of the materials appearing on the Website may violate copyright, trademark and other applicable laws and could result in criminal or civil penalties.

 

SEVERABILITY

If a provision of the Terms is illegal or unenforceable in any relevant jurisdiction, it may be severed for the purposes of that jurisdiction without affecting the enforceability of the other provisions of the Terms. 

 

WAIVER

Any waiver of any provision of the Terms will be effective only if in writing and signed by us. If you breach the Terms and we take no action, we will still be entitled to use our rights and remedies in any other sitaution where you breach these conditions. 

 

GOVERNING LAW

These Terms are governed by the laws of Victoria which are in force from time to time and both you and we agree to submit to the exclusive jurisdiction of the Courts of Victoria for determining any dispute concerning these Terms.