When we refer to ‘us’, or ‘our’ or ‘we’ or similar, we are referring to Bulldogs Marketplace or Western Bulldogs (ACN 005 226 595).
When we refer to ‘you’ or ‘your’ or similar, we are referring to you as a User of this Site.
Other defined terms and their meanings are:
‘Allocated Area’ means the area on the Site approved by us for a Seller to advertise their Product;
‘Australian Law’ means principles of law or equity established by decisions of courts, statutes, regulations or by-laws of the Commonwealth of Australia, or any State or Territory of the Commonwealth of Australia or a Government Agency, any requirements and approvals (including conditions) of the Commonwealth of Australia or any State or Territory of the Commonwealth of Australia or a Government Agency that have force of law, to the extent required, but recognising the primacy of Australian Law, the principles of law and equity established by the courts outside Australia;
‘Backorder’ means an order for a Product that is temporarily out of stock;
‘Business Day’ means a day that is not a Saturday, Sunday, public holiday or bank holiday in Melbourne and/or Sydney, Australia. ‘Buyer’ (also referred to as ‘you’ or ‘your’ where the context permits) means a person who browses the Site, being a potential buyer of a Product via the Site, and also a person who wishes to purchase, or has already purchased, Products from a Private Seller or a Retail Seller from an advertisement placed on the Site;
‘Charge Back’ means a buyer disputed or fraudulent transaction that has been remitted to the retail seller on the Site;
‘Commission’ means a Fee payable by a Seller for Products or Bookings made or Sold on The Site. This is inclusive of Request to Book only if they result in Sales;
‘Fee’ means the payment amount(s) required from the Retail Seller or Private Seller to use the Site;
‘Intellectual Property Rights’ means all intellectual property rights and proprietary rights (whether registered or unregistered) including copyright, trademarks, patents, moral rights and any other intellectual property right recognised by Australian Law, including but not limited to:
(a.) graphics programming codes, drawings, computer programs, website
(b.) business names, company names, product names;
(c.) any right to have information kept confidential;
(d.) patent applications, drawings, discoveries, inventions, improvements, trade secrets, technical data, formulae, computer programs, precedent documents, websites, website designs, website design methodology, domain names, domain registration, source codes, site context and design, program backend, HTML front code, adwords, metatags, traffic details, databases, know-how, logos, designs, design rights and client lists;
(e.) phone numbers, fax numbers, email addresses, directory listings; and
(f.) Twitter, Facebook, Skype, LinkedIn, Viber, Instagram and other social media contact points.
‘Licence’ means the irrevocable, royalty-free, non-exclusive, worldwide sub-licensable and perpetual licence to use any and all of the information provided by Sellers to us with such licence to be including but not limited to using, producing, reproducing, modifying, performing, translating, creating derivative works from, distributing, displaying, deleting, adapting and publishing such information;
‘Loss’ includes loss of money (including profit), goodwill, or reputation, whether such loss be incidental, direct, indirect, special, consequential even if you advise us or we could reasonably foresee the possibility of any such loss or damage occurring;
‘Merchant fees’ means a cost charged by a merchant (including but not limited to a bank) to a Retail Seller when a buyer is paying with (including but not limited to) a credit card, charge card, debit card, etc. to cover the cost of accepting / processing a payment. This Merchant fee may be varied from time to time without notice.
‘Minimum Term’ means 12 months;
‘Party’ means any Buyer, Private Seller, Retail Seller, and ‘parties’ has a corresponding meaning;
‘Private Seller’ (also referred to as ‘you’ or ‘your’ where the context permits) means:
an individual who:
‘Product’ means a good, service or experience advertised by or sold by a Seller on the Site;
‘Retail Seller’ means a Seller who is not a Private Seller;
‘Request to Book’ means a request from a Buyer for a Product. A Product means a good, service or experience advertised by or Sold by a Seller on the Site for a Fee;
‘Seller Standards’ means the minimum standard requirements for Sellers to meet when using The Site for the sale of Products;
‘Seller’ (also referred to as ‘you’ or ‘your’) means any entity posting an advertisement on the Site for the sale of a Product or selling a Product on the Site, and being either a Private Seller or a Retail Seller;
‘Site’ means the internet site at the domain bulldogs.marketplace.com as configured and described as such by us from time to time or any other internet site operated by us from time to time;
‘Store Account’ means the arrangement by which a Retail Seller is given personalized access to the Site to advertise and sell Products;
‘Subscription’ means the service provided by Bulldogs Marketplace to Retail Sellers by way of a prepaid fee payable by the Retail Seller to Bulldogs Marketplace, by Invoice or Credit Card;
‘Users’means anyone using the Site for any purpose and includes all Sellers and all Buyers;
2.0 All Users
NATURE OF THE SITE
2.2 By providing a platform for the sale of Products, we facilitate the transactions between Buyers and Sellers. This includes but is not limited to assistance with customer service, Charge Backs, fulfilment, warranties, returns and Product defects etc. in accordance with all and any applicable Australian Law. This facilitation does not make us responsible for any obligations of the participants in these transactions.
EVENTS AND TICKETING
3.0 Events and tickets advertised on the Site enables you to purchase and or reserve entry to specific events advertised by Sellers. If you have any queries or reservations about an event you must contact the Seller directly or review the particular event’s terms and conditions provided by the Seller prior to purchasing.
3.1 Our facilitation of payment for the tickets does not lead to any liability or responsibility on the part of Bulldogs Marketplace, and any such responsibility rests with the Seller. Bulldogs Marketplace has no obligation or liability to provide the ticket or entry pass to any event.
RISK AND LIABILITY
3.2 We accept advertisements from Sellers in good faith. Advertisements on the Site for Products are prepared by Sellers who are unrelated to us. We take no responsibility for the accuracy of price information or specifications of any Products advertised and/or sold. We take all reasonable precautions to only host accurate information on the Site, but we are not responsible for information uploaded or created by such third parties. You should verify such information yourself.
3.3 All other information on the Site and Products acquired through the Site are provided “as is” without warranty of any kind by us. We do not warrant or represent that the Products advertised on the Site will be suitable for any purpose, or that a Seller has any particular skill, knowledge, qualification or is legally entitled to carry on a particular business. It is your responsibility to verify any information on the Site and to investigate for yourself the condition, quality and suitability of any Products advertised on the Site.
3.4 When purchasing a Product, your financial details are passed through a secure server using the latest 128-bit SSL (secure sockets layer) encryption technology. It is estimated that it would take at least one trillion years to decrypt 128-bit SSL encryption, and this level of encryption is the current industry standard.
4.1 By placing an advertisement on the Site, all Sellers accept and must conduct themselves in accordance with these Terms and Conditions. It is a Seller’s responsibility to ensure they comply with applicable Terms and Conditions.
4.2 You must have clear legal title and ability to sell Products you advertise on the Site in accordance with Australian law.
FEES AND PAYMENT
4.3 Fees for any service offered by us are subject to review and change, without the requirement to notify you unless otherwise specified in these Terms and Conditions.
4.4 Fees differ for Private Sellers and Retail Sellers. All applicable Fees are clearly stated on the Site (our Fees) and it is the Seller’s responsibility to consider the Fees before they advertise. Placing an advertisement on the Site is deemed to be acceptance of these Terms and Conditions and the applicable fees. You should read and understand these Terms and Conditions so that you are aware of the Fee that is relevant to you (if any).
4.5 All Fees for advertisements placed on the Site must be prepaid, unless stated otherwise or prearranged with an authorised representative of Bulldogs Marketplace.
4.6 Any Fees paid to us to place an advertisement on the Site do not grant any Seller exclusive rights to any web page on the Site.
4.7 By advertising and completing sales on the Site, you are giving us permission to accept full payment on your behalf from Buyers for sales of Products prior to us accounting to you for such sales.
4.8 Sellers acknowledge that if a Fee is overdue, Bulldogs Marketplace at its discretion, reserves the right to refer the Fee to a Mercantile Agency for collection in which all costs chargeable by the agency will be added to the Sellers Fee. Any legal costs incurred by Bulldogs Marketplace to collect an outstanding Fee will be recoverable ‘on an indemnity basis’ and will form part of the Fee.
INTELLECTUAL PROPERTY RIGHTS
4.9 The Site is the property of Bulldogs Marketplace and is protected by Australian and international copyright laws and must not be reverse engineered, republished, reproduced or copied in any way.
4.10 No Seller shall be entitled to claim any loss or damage against us for the use publication, republication, producing, reproducing, modifying, deleting, adapting or publishing any of the information provided by a Seller to us.
4.11 If you submit information to the Site in which you have no Intellectual Property Rights, it is your responsibility to gain permission from the original owner of that information. We may require production of evidence from a Seller of its Intellectual Property Rights in the information submitted.
4.12 We do not claim any Intellectual Property Rights in the content of any advertisement other than the content that is authored and published by us. By using this Site, all Seller’s grant Bulldogs Marketplace a Licence to use any and all of the information provided by such Sellers to Bulldogs Marketplace with such Licence to be irrevocable, royalty-free, non- exclusive, worldwide sub-licensable and perpetual including but not limited to using, producing, reproducing, modifying, performing, translating, creating derivative works from, distributing, displaying, deleting, adapting and publishing such information.
FEES AND PAYMENT
5.1 All Fees listed on the Site are inclusive of GST and including Merchant fees.
5.2 All sales by Retail Seller on the Site are subject to applicable Fees, please refer to our Fees for further information. This fee may be varied from time to time without notice.
5.3 All Requests to Book for Products inclusive of goods, services or experiences advertised by or Sold by a Seller on the Site are subject to applicable Fees
5.4 Once the Minimum Term of 12 Months has expired, we will continue to charge your Store Account until we have been given 31 days’ notice of your intention to cancel your subscription or Bulldogs Marketplace has terminated your Store Account Subscription.
5.5 A Store Account Subscription will renew automatically unless the Store Account Cancel with us in writing as per term 6.26, no less than 31 working days prior to the annual renewal date. We’ll notify Retail Sellers of upcoming renewal and/or any changes in Subscription details in advance of the original term expiry. Automatic Subscription renewal will be for a further Minimum Term of 12 months paid by Credit Card or Invoice.
5.6 Credit Card payments can be scheduled monthly at the request of the Store Account. A Minimum Term of 12 months still remains regardless of payment frequency or type.
5.7 You may change your Retail Seller Subscription plan or Payment Method by contacting Us in writing via email email@example.com or mail to, 417 Barkly Street. Footscray West. Victoria. 3012. We will notify you when your Subscription has been updated
5.8 17 By agreeing to these Terms and Conditions you undertake to pay charges incurred by you at agreed Subscription rate every month for the duration of your Term if setup on Credit Card. If Payment is managed annually by Invoice, payment is due in full within 14 days of date invoice is raised.
5.9 All Subscription sales are final. No refunds are permitted.
5.10 In the event that we materially change these Terms and Conditions, we will notify Retail Sellers. If you are a Retail Seller, you may terminate the subscription with Bulldogs Marketplace within fourteen (14) days of such notice, failing which you are deemed to have accepted the changes to the Terms and Conditions.
5.11 By creating a Store Account and agreeing to these Terms and Conditions, you have authorised us to debit funds from your nominated account that may from time to time become due to us under your Store Account. These Terms and Conditions also maintain the requirement to pay invoices for full terms in full and within the agreed payment period.
5.12 By agreeing to these Terms and Conditions you undertake to provide us with details of a valid bank account or credit card sufficient to enable us to credit or debit such account from time to time. You undertake to update or certify these details regularly and advise us if expiry dates or Card Verification Codes (CVCs), Card Security Codes (CSCs) or Printed Card Security Codes (PCSCs) change. We shall not be liable or responsible for the loss or delay of funds due to you as a result of your failure to provide accurate and current payment details in a timely manner.
5.13 We may give you at least fourteen (14) days’ notice in writing of any changes to the Terms and Conditions of the credit card payment structure. This notice will state the new amount, frequency, next charging date and any other changes.
5.14 Any Charge Backs attributable to your Store Account are your responsibility as a Seller. In this event, your Store Account will be charged by us, using your Credit Card details on file.
5.15 We will pay Retail Sellers (less our commission) for all sales within three (3) business days of confirmation from you that the Product has been sold and processed.
5.16 Payment will be made via electronic funds transfer (EFT) to your nominated bank account.
RISK & LIABILITY
6.0 We give no warranties in relation to the authenticity of advertisers or Users of the Site. To the extent permitted by Australian Law, we give no warranty as to the Products purchased from Sellers on the Site.
6.1 Some information on the Site may be uploaded by Sellers from external sources. We do not endorse or warrant the accuracy of this content nor do we accept any liability for inaccuracies or omissions in this content. The fact that content appears on the Site does not imply our endorsement or liability in respect of such content.
6.2 Unless expressly stated by us, hyperlinks to other websites contained within the Site are not maintained or controlled by us. These third party hyperlinks are provided as a reference solely for the convenience of Users. As a result we make no warranties about third party websites, nor do we accept any liability or responsibility for or endorse the content or use of these websites. If you enter a third party website from the Site, you do so at your own risk. We take no responsibility for any virus, hacking or breach of security arising from the use of any such hyperlinks.
6.3 All reasonable care will be taken while compiling the Site’s content, including advertising content. Nevertheless, we do not warrant or represent that the Site is complete, current or free from typographical or other errors, or omissions. Information, advertisements, software and Product descriptions may include inaccuracies.
6.4 We endeavor to provide continual availability of our services and access to the Site. However, access to the Site may not always be possible due to numerous factors including those which are out of our control. We do not warrant or represent that our services and access to the Site will be timely, continuous, fault-free, uninterrupted, secure or virus-free.
6.5 By reason of occasional technological difficulties, and to the extent permitted by Australian law, we will not be liable for any compensatory or exemplary damages arising out of or in any way connected with use of the Site or inability to use the Site even if we have been advised of the possibility of damages. You release the Western Bulldogs Football Club, its officers, contractors, employees and agents against all Loss, claims, costs, demands, damages and liabilities related to use or inability to use the Site in this regard.
7.0 Our failure to act or delay in acting in relation to a breach of any of these Terms and Conditions is not a waiver of any of these Terms and Conditions or our rights arising under them. No action or inaction by us shall be deemed to be an actual waiver of any current or future liability.