Terms of Use
TERMS AND CONDITIONS OF USE
Please read these Terms and Conditions carefully before using the https://apojopublications.com website and application to browse and/or make a purchase.
About the Website and Application
1.1. The Website and Application provide a service by granting you access to content provided and operated by APOJO PTY LTD (ACN 639332157) (the 'Purchase Services’/’Services’). The Services provide you with an opportunity to browse and purchase various products that have been listed for sale (the 'Products').
1.2. Access to and use of the Services, or any of its associated Products or Services, is provided by APOJO PTY LTD (‘APOJO’). Please read these Terms and Conditions (the 'Terms') carefully. By using, browsing and/or reading the content on the Services, this signifies that you have read, understood and agree to be bound by the Terms. If you do not agree with the Terms, you must cease viewing, browsing and using the Services immediately.
1.3. APOJO reserves the right to review and change any of the Terms by updating this page at its sole discretion. It is your responsibility to check this page periodically for changes. Your continued use of or access to the Services following the posting of any changes constitutes acceptance of those changes.
2. Acceptance of the Terms
You accept the Terms by continuing to use the Services. You may also accept the Terms by clicking to accept or agree to the Terms where this option is made available to you by APOJO in the user interface.
3. Registration to use the Purchase Services
3.1. In order to access the Purchase Services, you must first register as a user of the Website or Application. As part of the registration process, or as part of your continued use of the Purchase Services, you may be required to provide personal information about yourself or your business (such as identification or contact details), including:
(a) Email address
(b) Preferred username
(c) Mailing/Delivery/Billing address
(d) Telephone number
(e) Password
(f) First Name and Surname
(g) Company ID e.g. ABN
3.2. You warrant that any information you give to APOJO in the course of completing the registration process will always be accurate, correct and up to date.
3.3. Once you have completed the registration process, you will be a registered member of the Services ('Member') and agree to be bound by the Terms. As a Member you will be granted immediate access to the Purchase Services.
3.4. You may not use the Purchase Services and may not accept the Terms if:
(a) you are not of legal age to form a binding contract with APOJO; or
(b) you are a person barred from receiving the Purchase Services under the laws of Australia or other countries including the country in which you are a resident or from which you use the Purchase Services.
4. Your obligations as a Member
4.1. As a Member, you agree to comply with the following:
(a) You will use the Purchase Services only for purposes that are permitted by:
(i) the Terms; and
(ii) any applicable law, regulation or generally accepted practices or guidelines in the relevant jurisdictions.
(b) You will use the Products only for purposes in which they were intended.
(c) You have the sole responsibility of protecting the confidentiality of your password and/or email address. Use of your password by any unauthorised person may result in the immediate cancellation of the Purchase Services.
(d) Any use of your registration information by any other person, or third parties, is strictly prohibited. You agree to immediately notify APOJO of any unauthorised use of your password or email address or any breach of security of which you have become aware.
(e) Access and use of the Services is limited, non-transferable and allows for the sole use of the Services by you for the purposes of APOJO providing the Purchase Services.
(f) You acknowledge and agree that any automated use of the Services or Purchase Services is prohibited.
4.2. Fees and services
APOJO charges fees for some uses of the Services, such as listing Products. The fees we charge for using the Services can be requested from us at any time. When you list a Product or use Services that have a fee, you have an opportunity to review and accept the fees that you will be charged. We may change fees from time to time by posting the changes in advance, but with no advance notice required for temporary promotions, new services, or any changes that result in the reduction of fees. If you are a seller, you are liable for transaction fees arising out of all sales made using some or all Services, even if sales terms are finalised or payment is made outside of APOJO. Sellers must meet APOJO’s minimum performance standards. Failure to meet these standards may result in APOJO charging you additional fees, and/or limiting, restricting, suspending, or downgrading your seller account. Unless otherwise stated, all fees are quoted in Australian Dollars. You are responsible for paying all fees and applicable taxes associated with our Services in a timely manner with a valid payment method. If your payment method fails or your account is past due, we may collect amounts owed using other collection mechanisms, including charging other payment methods on file with us, retaining collection agencies and legal counsel, using any credits on your account and, for accounts over 180 days past due, requesting that Stripe deduct the amount owed from your Stripe account. In addition, you will be subject to late fees. In the event that your payment method fails or your account is past due, we may also limit or suspend the Services which APOJO provides to you, including by not displaying your listings.
5. Purchase of Products
5.1. The Services provide you with the opportunity to browse and purchase various Products. These Products and the Purchase Services are available in Australia and international locations, including the United States, Canada and the United Kingdom.
5.2. In using the Purchase Services for the purchase of Product(s), you agree to the payment of the purchase price listed on the Services for the Product(s) (the 'Purchase Price') and Delivery Fees. You should refer to the Shipping section when accessing the Purchase Services for the applicable Delivery Fee for the Delivery Services. Purchase Prices shall be displayed on the Services in the currency where the buyer/seller resides or otherwise nominates and include GST where applicable. Purchase Prices are subject to change. Images of Products shown without any advertised price beside that image are not offered for sale. Unless otherwise stated, any accessories shown in any image of Products are not included in the Purchase Price. We reserve the right to correct any errors published on the Services.
5.3. All payments of the Purchase Price shall be in the currency where the buyer/seller resides or otherwise nominates and must have cleared before an order can be processed and shipped to you.
5.4. Payment of the Purchase Price may be made with Mastercard, Visa credit cards or Stripe account via the Stripe Connect or Stripe Payments facility (the 'Payment Gateway Provider'). In using the Purchase Services, you warrant that you have familiarised yourself with, and agree to be bound by, the applicable Terms and Conditions of Use, Privacy Policy and other relevant legal documentation provided by the Payment Gateway Provider.
5.5. The name on the credit card used for payment of the Purchase Price must match the name on the personal information provided on the Purchase Services.
5.6. Following payment of the Purchase Price being confirmed by APOJO, you will be issued with a receipt and Order Number to confirm that the Purchase Price has been received and APOJO may record your purchase details for future use. The Order Number is required when contacting our Member Relations team.
5.7. In using the Purchase Services, you agree to provide complete and accurate information as to your personal information (or those of your nominated recipient for gifts) to enable the processing and delivery of your Product(s).
5.8. APOJO reserves the right to accept or reject your purchase of Product(s) for any reason at any time. Without limitation, some of our products may not be available for delivery to certain locations. APOJO retains the right to determine what we can and cannot deliver to any particular location.
5.9. In the event that we reject your purchase of Product(s) we will notify you of that rejection and the reason for rejection via email within ten (10) Business Days. APOJO will not be liable to you for your loss or that of any third party for the rejection of your purchase of Product(s) via our Purchase Services.
5.10. Where we reject your purchase of Product(s) via our Purchase Services and your payment for the Product(s) has already been processed, we shall refund any money paid in respect of the Purchase Price and make reasonable endeavours to process the refund within ten (10) Business Days. The receipt evidencing your refund will depend on the period of time it takes your financial institution to finalise the refund. APOJO is not liable with respect to any loss, damage, cost, expense or injury you or any third party may or may not incur as a result of any delay in processing your refund.
5.11. If we are unable to contact you in relation to your purchase of Product(s) via our Purchase Services using the contact details you provide via the Purchase Services after having made reasonable attempts to contact you, we will reject your purchase of Product(s) in accordance with this clause.
5.12. Overseas Orders
If a Fed-Ex/UPS service does not deliver to your specified address we reserve the right to cancel your order before it is processed.
Orders over the value of AUD$270 being delivered to New Zealand will be liable for customs charges, taxes including GST and brokerage costs. These charges are the responsibility of the recipient and APOJO will not reimburse customers for these import costs or provide a refund or credit for any order if a customer refuses to pay them. Please contact us to discuss what arrangements may be possible for your order.
All orders with an overseas delivery address are firm sales and a store credit or refund is not available. Note that this does not apply to damaged products - see Limited Warranty.
6. Limited Warranty
APOJO’s warranty obligations for the Product(s) you purchase via Product Services are limited to the terms set forth in APOJO’s Limited Warranty available in the section titled "Limited Warranty".
APOJO does not carry out any content censorship and shall not be held liable for any material that is deemed inappropriate or offensive. Such responsibility lies with the third-party seller/distributor of the Products.
Further Limited Warranty terms can be found here.
7. Delivery
7.1. You acknowledge that the Purchase Services offered by APOJO integrate delivery (the 'Delivery Services') through the use of third-party delivery companies or third-party sellers (the 'Delivery Service Providers'). You agree to the personal information you provide as a registered Member of the Services including your Delivery Address, Email Address and Phone Number being supplied to the Delivery Service Providers for the purpose of delivering your Product(s).
7.2. In providing the Purchase Services, APOJO may provide you with a variety of delivery options offered as part of the Delivery Services by the Delivery Service Providers. You acknowledge and agree that APOJO is not the provider of these Delivery Services and merely facilitates your interaction with the Delivery Service Providers in respect to providing the Delivery Services.
7.3. In purchasing Product(s) via the Purchase Services you agree to accept delivery of the Product(s) at the Delivery Address you provide from Monday to Friday between 8am and 6pm and that you may be responsible for any charges and fees issued by the Delivery Service Provider as a result of not being available to accept delivery at these times. APOJO via the Delivery Service Providers will make reasonable attempts to contact you before delivery of your Product(s) including providing email notification(s) with estimated delivery date and link to online tracking website for delivery status updates.
7.4. You agree that APOJO is not liable or responsible for any alternate delivery options offered to you by our Delivery Service Providers including delivery to a neighbour, Authority to Leave Safe, redelivery and/or change of delivery date. You agree that you are responsible for any costs and fees associated with these alternate delivery options.
7.5. The Delivery Services offered by the Delivery Service Providers are within Australia and various countries Internationally, including the United States and United Kingdom. Delivery Services are only available to valid street addresses, no Post Office (PO) Boxes will be accepted as shipping addresses. Without limitation, some of our products may not be available for delivery to certain locations. APOJO retains the right to determine what we can and cannot deliver to any particular location.
7.6. The personal information you provide as a registered Member of the Services will be used by the Delivery Service Providers to deliver the Product(s) you order via our Purchase Services. APOJO will not be liable to you for your loss or that of any third party for a delay or failure to process, fulfil or deliver the Product(s) to you (or your nominated recipient) due to inaccurate or incomplete personal information provided, including delivery address or email address. Without limitation, if you provide inaccurate shipping details via the personal information you provide in accessing the Purchase Services, APOJO is under no obligation to resend your Product(s) if shipped to the address provided and not subsequently returned to APOJO. You agree to obtain consent from the recipient of a gift when providing their personal details to APOJO.
7.7. APOJO endeavours to process purchases of Product(s) via the Purchase Services within 2-3 business days then dispatch to you directly or via our Delivery Service Providers. Product(s) are not shipped or delivered on weekends or holidays.
7.8. You acknowledge and agree that notwithstanding anything else stated on the Services:
a) APOJO cannot guarantee that delivery will occur on the stated estimated delivery date;
b) estimated delivery date may change from time to time due to unforeseen circumstances; and
c) except where required by applicable law, APOJO is not liable with respect to any loss, damage, cost, expense or injury you or any third party suffers or may suffer as a result of a change in estimated delivery date or a delay in delivery.
7.9. If we are unable to deliver your Product(s) to the Delivery Address due to the size of the package or because there are restrictions on access to the Delivery Address or it is unsafe or impractical to make delivery, a calling card may be left for you notifying you where the Product(s) have been delivered for collection by you. It is your responsibility to follow the instructions stated on the calling card.
7.10. Where you do not collect your Product(s) from the outlet specified on the calling card within the time specified on the calling card, you must contact our Product Support Line using the details provided at the end of these Terms and Conditions of Use for further information with respect to claiming your Product(s). If Product(s) are required to be redelivered, you will be required to pay any associated fees for redelivery.
7.11. Upon delivery, you must inspect your Product(s) and check that the Product(s) delivered match the Product(s) you requested via our Purchase Services. If there are any incorrect or missing Product(s) or there is obvious damage to the Product(s) due to transit, you must contact us as soon as practicable using the details provided at the end of these Terms and Conditions of Use.
8. Copyright and Intellectual Property
8.1. The Services, the Purchase Services, and all of the related services of APOJO are subject to copyright. The material on the Services is protected by copyright under the laws of Australia and through international treaties. Unless otherwise indicated, all rights (including copyright) in the site content and compilation of the Services (including text, graphics, logos, button icons, video images, audio clips and software) (the 'Content') are owned or controlled for these purposes and are reserved by APOJO or its contributors.
8.2. The Intellectual Property rights associated with the Products and all related products displayed on the Services do not belong to APOJO and remain the property of the related third-party seller. All users of the Services must respect the work and creative rights of others. Any third-party seller who uses the Services to sell its Products either owns the content it submits to APOJO or has the right to use or display it. Content, including any design or image, that it submits to APOJO must comply with any and all rights of publicity, trademark, and copyright laws. When a third-party seller saves and/or uploads a Product to the Services, they are agreeing that they hold commercial rights to reproduce the Product. If for any reason the legal owner of a Product contacts APOJO they will be directed to the legal owner, being the third-party seller. The third-party seller hereby declares that they own the rights to upload the Product. APOJO has no liability whatsoever arising from or relating to the designs, Products or images submitted or uploaded to the Services.
8.3. APOJO retains all rights, title and interest in and to the Services. Except as agreed to by APOJO, nothing you do on or in relation to the Services will transfer to you:
(a) the business name, trading name, domain name, trademark, industrial design, patent, registered design or copyright of APOJO; or
(b) the right to use or exploit a business name, trading name, domain name, trademark or industrial design; or
(c) a system or process that is the subject of a patent, registered design or copyright (or an adaptation or modification of such a system or process).
8.4. You may not, without the prior written permission of APOJO and the permission of any other relevant rights owners: broadcast, republish, upload to a third party, transmit, post, distribute, show or play in public, adapt or change in any way the Content or third party content for any purpose. This prohibition does not extend to materials on the Services, which are freely available for re-use or are in the public domain. Rights to be transferred only under written contract from the third party seller and should be undertaken/agreed between buyer and seller, if relevant, without involvement from APOJO and only after all relevant payments have been made through the website.
9. Privacy
APOJO takes your privacy seriously and any information provided through your use of the Services and/or the Purchase Services are subject to APOJO’s Privacy Policy. By using the Services and the Purchase Services, you are agreeing to the Privacy Policy. You can view our Privacy Policy and read more about why we collect personal information from you and how we use that information here.
When APOJO discloses your information overseas, APOJO take steps (including contractual clauses) to ensure that APOJO’s service providers are obliged to protect the privacy and security of your personal information in accordance with the standards that apply in Australia, including that they only use personal information for the purpose for which it is disclosed, as well as the requirements under the General Data Protection Regulation. You may request a copy of such steps taken by contacting us.
APOJO does not use or disclose personal information for any other purpose without consent except where required or authorised by law.
10. General Disclaimer
10.1. You acknowledge that APOJO does not make any terms, guarantees, warranties, representations or conditions whatsoever regarding the Products other than provided for pursuant to these Terms.
10.2. APOJO will make every effort to ensure a Product is accurately depicted on the Services, however, you acknowledge that sizes, colours and packaging may differ from what is displayed on the Services.
10.3. Nothing in these Terms limits or excludes any guarantees, warranties, representations or conditions implied or imposed by law, including the Australian Consumer Law (or any liability under them) which by law may not be limited or excluded.
10.4. Subject to this clause, and to the extent permitted by law:
(a) all terms, guarantees, warranties, representations or conditions which are not expressly stated in these Terms are excluded; and
(b) APOJO will not be liable for any special, indirect or consequential loss or damage (unless such loss or damage is reasonably foreseeable resulting from our failure to meet an applicable Consumer Guarantee), loss of profit or opportunity, or damage to goodwill arising out of or in connection with the Purchase Services or these Terms (including as a result of not being able to use the Purchase Services or the late supply of the Purchase Services), whether at common law, under contract, tort (including negligence), in equity, pursuant to statute or otherwise.
10.5. Use of the Services, the Purchase Services, and any of the Products (including the Delivery Services), is at your own risk. The Services, Purchase Services and Products, are provided to you on an "as is" and "as available" basis, without warranty or condition of any kind. None of the affiliates, directors, officers, employees, agents, contributors, third party content providers or licensors of APOJO (including any third party where the Delivery Services are made available to you) make any express or implied representation or warranty about its Content or any Products or Purchase Services referred to on the Services. This includes (but is not restricted to) loss or damage you might suffer as a result of any of the following:
(a) failure of performance, error, omission, interruption, deletion, defect, failure to correct defects, delay in operation or transmission, computer virus or other harmful component, loss of data, communication line failure, unlawful third party conduct, or theft, destruction, alteration or unauthorised access to records;
(b) the accuracy, suitability or currency of any information on the Services, the Purchase Service, or any of its Content related products (including third party material and advertisements on the Services);
(c) costs incurred as a result of you using the Services, the Purchase Services or any of the Products;
(d) the Content or operation in respect to links which are provided for the User's convenience;
(e) any failure to complete a transaction, or any loss arising from e-commerce transacted on the Services; or
(f) any defamatory, threatening, offensive or unlawful conduct of third parties or publication of any materials relating to or constituting such conduct.
10.6. APOJO does not take ownership of the Products at any time and do not transfer legal ownership of the Products from the seller to the buyer. Further, to the extent legally permitted, APOJO excludes all implied warranties, terms and conditions. APOJO is not liable for any loss of money, goodwill or reputation, or any special, indirect or consequential damages arising, directly or indirectly, out of your use of or your inability to use the Services.
11. Limitation of Liability
11.1. APOJO's total liability arising out of or in connection with the Purchase Services or these Terms, however arising, including under contract, tort (including negligence), in equity, under statute or otherwise, will not exceed the most recent Purchase Price paid by you under these Terms or where you have not paid the Purchase Price, then the total liability of APOJO is the resupply of information or Purchase Services to you.
11.2. You expressly understand and agree that APOJO, its affiliates, employees, agents, contributors, third party content providers and licensors shall not be liable to you for any direct, indirect, incidental, special consequential or exemplary damages which may be incurred by you, however caused and under any theory of liability. This shall include, but is not limited to, any loss of profit (whether incurred directly or indirectly), any loss of goodwill or business reputation and any other intangible loss.
11.3. APOJO is not responsible or liable in any manner for any site content (including the Content and Third Party Content) posted on the Services or in connection with the Purchase Services, whether posted or caused by users of the website or application of APOJO, by third parties or by any of the Purchase Services offered by APOJO.
11.4. You acknowledge that APOJO does not provide the Delivery Services to you and you agree that APOJO will not be liable to you for any special, indirect or consequential loss or damage, loss of profit or opportunity, or damage to goodwill arising out of or in connection with the Delivery Services.
12. Termination of Contract
12.1. The Terms will continue to apply until terminated by either you or by APOJO as set out below.
12.2. If you want to terminate the Terms, you may do so by:
(a) sending notice in writing to APOJO via the email address: team@apojo.app;
(b) notifying APOJO at any time via method listed above; or
(c) closing your accounts for all of the Purchase Services which you use, where APOJO has made this option available to you.
12.3. APOJO may at any time, terminate the Terms with you if:
(a) you have breached any provision of the Terms or intend to breach any provision;
(b) APOJO is required to do so by law;
(c) the partner with whom APOJO offered the Purchase Services to you has terminated its relationship with APOJO or ceased to offer the Purchase Services to you;
(d) APOJO is transitioning to no longer providing the Purchase Services to Users in the country in which you are resident or from which you use the service; or
(e) the provision of the Purchase Services to you by APOJO is, in the opinion of APOJO, no longer commercially viable.
12.4. Subject to local applicable laws, APOJO reserves the right to discontinue or cancel your membership to the Services at any time and may suspend or deny, in its sole discretion, your access to all or any portion of the Services or the Purchase Services without notice if you breach any provision of the Terms or any applicable law or if your conduct impacts APOJO’s name or reputation or violates the rights of those of another party.
12.5. When the Terms come to an end, all of the legal rights, obligations and liabilities that you and APOJO have benefited from, been subject to (or which have accrued over time whilst the Terms have been in force) or which are expressed to continue indefinitely, shall be unaffected by this cessation, and the provisions of this clause shall continue to apply to such rights, obligations and liabilities indefinitely.
13. Indemnity
13.1. You agree to indemnify APOJO, its affiliates, employees, agents, contributors, third party content providers and licensors from and against:
(a) all actions, suits, claims, demands, liabilities, costs, expenses, loss and damage (including legal fees on a full indemnity basis) incurred, suffered or arising out of or in connection with any Content you post through the Services;
(b) any direct or indirect consequences of you accessing, using or transacting on the Services or attempts to do so and any breach by you or your agents of these Terms; and/or
(c) any breach of the Terms.
14. Returns policy
14.1. This policy includes rights you are entitled to under Australian Consumer Law.
14.2. If there is a problem with any of the Products received for your order then please contact us as soon as possible.
14.3. If you have received a Product that is incorrect, damaged or faulty we require notification within 2 business days from the time the delivery was made. APOJO will require evidence of the issue and may require you to return the Product for assessment.
14.4. Before returning anything you must contact APOJO to organise a Return Authorisation to return a Product to APOJO. Returns will not be accepted without a Return Authorisation. At its discretion APOJO may provide means to return a Product at no cost to you, or an alternate remedy.
14.5. APOJO is not obligated to accept a return for a change of mind. If we do accept a change of mind return then you must pay return postage and will only be entitled to a store credit, excluding the cost of shipping, for the approved returned Product.
14.6. All returns must be packed securely with cardboard or bubble wrap protecting the item, packed to prevent movement inside the package and ensuring the package is firmly enclosed.
14.7. Returned Products must be received at APOJO in new and resaleable condition (except where a damaged Product has been accepted for return).
14.8. Where a Product is returned without a Return Authorisation, or has not been packed securely, or is not in a new or re-saleable condition when it arrives at APOJO’s address, APOJO is not obligated to provide a refund or store credit and the Product may be returned to you. We will contact you to advise of the return status.
14.9. Store credits and refunds for an approved return will only apply to the Product returned and will not cover any return postage costs or your original shipping charge.
14.10. Returns and refunds are not possible for the following product types:
(a) Magazine Subscriptions
(b) Gift Certificates
(c) eBooks
(d) Other Digital Content
(e) Bulk orders where special pricing and/or product sourcing has been provided
14.11. In the event APOJO refunds a customer for a Product sold by a third-party seller, the third-party seller must reimburse APOJO for the amount of the refund within seven (7) days of APOJO’s request to do so.
15. Restricting funds
To protect against the risk of liability, APOJO may request, and you agree to authorise the request, that Stripe restrict access to funds in a seller's Stripe account based on certain factors, including, but not limited to, selling history, seller performance, returns, riskiness of the listing category or the filing of a case. This may result in Stripe determining to restrict funds in your Stripe account in order to manage Stripe's risk exposure pursuant to Stripe policies.
16. Sellers Obligations
16.1. Using APOJO
While using the Services, you will not:
a) post content or Products in inappropriate categories or areas on the Services;
b) infringe any laws, third party rights or our policies;
c) use the Services if you are under the age of 18 or are suspended from using the Services;
d) fail to deliver Products purchased from you, unless the buyer fails to meet the posted terms or you cannot authenticate the buyer's identity;
e) manipulate the price of any Products or interfere with other users' listings;
f) circumvent or manipulate our fee structure, the billing process, or fees owed to APOJO;
g) post false, inaccurate, misleading, defamatory or offensive content (including personal information);
h) take any action that may undermine the feedback or ratings of APOJO (such as displaying, importing or exporting feedback information or using it for purposes unrelated to APOJO);
i) transfer your APOJO account to another party without our consent;
j) distribute or post spam, unsolicited or bulk electronic communications, chain letters or pyramid schemes;
k) distribute viruses or any other technologies that may harm APOJO or the interests or property of APOJO users;
l) export or re-export any APOJO tools except in compliance with the export control laws of any relevant jurisdictions;
m) copy, modify or distribute rights or content from the Services or APOJO’s copyrights and trademarks; or
n) harvest or otherwise collect information about users, including email addresses, without their consent.
16.2. Content
When you upload content to the Services or otherwise give us content, you grant us a non-exclusive, worldwide, perpetual, irrevocable, royalty-free, sub-licensable (through multiple tiers) right to exercise any and all intellectual property rights (including copyright and trademark rights) you have in the content, in any media known now or in the future and for any other purpose.
If you are the author of that content, you also irrevocably and unconditionally consent, to the maximum extent permitted by law (either present or future), to APOJO and its licensees, contractors, assignees and successors, and their licensees and any other person authorised by any of them (“APOJO Authorised Persons”):
(a) disclosing, reproducing, copying, adapting, publishing, performing, exhibiting, communicating, renting, transmitting or otherwise using the content (and any adaptation or part of the content) anywhere in the world:
(i) in whatever form and in whatever circumstances APOJO and the APOJO Authorised Persons think fit, including adding to or otherwise altering the content (or any adaptation or part of the content); and
(ii) without making any identification of you as the author in relation to the content (or any adaptation or part of the content); and
(b) doing anything or omitting to do anything in relation to the content (or any adaptation or part of the content) anywhere in the world that would otherwise infringe the moral rights, or any similar non-assignable, personal rights, that you might have.
For the convenience of sellers, we may offer catalogues of stock images, descriptions and product specifications that are provided by third parties (including APOJO users). You may use catalogue content solely in connection with your APOJO listings during the time your listings are on APOJO’s Services.
While we try to offer reliable data, we cannot promise that the catalogues will always be accurate and up-to-date, and you agree not to hold our catalogue content providers or us responsible for inaccuracies in catalogues. If you choose to include catalogue content in your listings, you continue to be fully responsible for your listings and for ensuring that your listings are accurate, do not include misleading information and comply with these Terms and all APOJO policies. The catalogues may include copyrighted, trademarked or other proprietary materials. You agree not to remove any copyright, proprietary or identification markings included with the catalogues or create any derivative works based on catalogue content (other than by including them in your listings).
16.3. Listing conditions
By listing a Product on APOJO’s Services, you assume full responsibility for the content of the listing and Product offered, and accept the following listing conditions:
a) When you list a Product on the Services, your listing will be posted on APOJO’s Services.
b) Where your listing appears in search and browse results may be based on certain factors including listing format, title, keywords, price and postage cost.
c) Your listing will, at all times, comply with APOJO’s rules and policies, including listing rules.
d) You must list your Product in the most relevant category.
16.4. Selling internationally
You may be able to sell your Products internationally by listing Products for sale with an international postage option. You may restrict international buyers from purchasing your Products if you explicitly exclude international postage locations from your listings or by creating and applying an exclusion list to your listings.
You are responsible for complying with all laws and regulations applicable to the sale and delivery of items to international buyers and are responsible for paying all fees and applicable taxes or charges associated with the Services such as GST or VAT.
17. Tax on consumer purchases
Buyers and sellers are generally responsible for any Goods and Services Tax (GST), sales tax, or other taxes that apply to items bought on the Services. If you have any questions or require more information about your tax obligations, please contact the Australian Taxation Office, your local tax or customs authority, or seek independent tax advice.
In any jurisdiction where APOJO has an obligation to collect tax on consumer purchases:
a) APOJO may add the applicable tax to the Product price displayed to the buyer;
b) APOJO will display the tax amount at checkout once the buyer's order and delivery address are confirmed, and this will be included in the order total paid by the buyer;
c) APOJO will collect this amount via any means available to us and remit the tax to the relevant authority.
As a buyer, you acknowledge and agree that tax may apply on top of the seller's Product price, and that you will have the opportunity to review this before finalising your order.
As a seller, you acknowledge and agree that where APOJO has an obligation to collect tax on consumer purchases 1) your prices may appear higher to buyers based on their delivery address, and 2) that we may not report tax collected to you, although we will indicate on the order details page if tax was collected by APOJO.
18. Dispute Resolution
18.1. Compulsory:
If a dispute arises out of or relates to the Terms, either party may not commence any Tribunal or Court proceedings in relation to the dispute, unless the following clauses have been complied with (except where urgent interlocutory relief is sought).
18.2. Notice:
A party to the Terms claiming a dispute ('Dispute') has arisen under the Terms, must give written notice to the other party detailing the nature of the dispute, the desired outcome and the action required to settle the Dispute.
18.3. Resolution:
On receipt of that notice ('Notice') by that other party, the parties to the Terms ('Parties') must:
(a) Within 14 days of the Notice endeavour in good faith to resolve the Dispute expeditiously by negotiation or such other means upon which they may mutually agree;
(b) If for any reason whatsoever, 30 days after the date of the Notice, the Dispute has not been resolved, the Parties must either agree upon selection of a mediator or request that an appropriate mediator be appointed;
(c) The Parties are equally liable for the fees and reasonable expenses of a mediator and the cost of the venue of the mediation and without limiting the foregoing undertake to pay any amounts requested by the mediator as a pre-condition to the mediation commencing. The Parties must each pay their own costs associated with the mediation;
(d) The mediation will be held in Victoria, Australia.
18.4. Confidential
All communications concerning negotiations made by the Parties arising out of and in connection with this dispute resolution clause are confidential and to the extent possible, must be treated as "without prejudice" negotiations for the purpose of applicable laws of evidence.
19. Venue and Jurisdiction
The Purchase Services offered by APOJO is intended to be viewed by residents of Australia. In the event of any dispute arising out of or in relation to the Services, you agree that the exclusive venue for resolving any dispute shall be in the courts of Victoria, Australia.
20. Governing Law
The Terms are governed by the laws of Victoria, Australia. Any dispute, controversy, proceeding or claim of whatever nature arising out of or in any way relating to the Terms and the rights created hereunder shall be governed, interpreted and construed by, under and pursuant to the laws of Victoria, Australia, without reference to conflict of law principles, notwithstanding mandatory rules. The validity of this governing law clause is not contested. The Terms shall be binding to the benefit of the parties hereto and their successors and assigns.
21. Independent Legal Advice
Both parties confirm and declare that the provisions of the Terms are fair and reasonable and both parties having taken the opportunity to obtain independent legal advice and declare the Terms are not against public policy on the grounds of inequality or bargaining power or general grounds of restraint of trade.
22. Severance
If any part of these Terms is found to be void or unenforceable by a Court of competent jurisdiction, that part shall be severed, and the rest of the Terms shall remain in force.
23. Contacting Us
If you have any questions about these Terms and Conditions of Use please contact us at team@apojo.app.