DISCLAIMER: Orbitstork Pty Ltd operates solely as a marketplace platform connecting Buyers and Travellers. As such, Orbitstork Pty Ltd does not assume any responsibility for the transactions conducted between these parties. We disclaim all liability associated with such transactions, including any obligations or responsibilities that may arise under the Australian Consumer Law or similar legislation. The Traveller, as the seller of record, bears all responsibilities and liabilities concerning the goods supplied, including compliance with all applicable laws and standards. Buyers will not have any recourse to Orbitstork Pty Ltd in this regard.
1 Overview
1.1 Orbitstork Pty Ltd ACN 690 671 455 (we, us, our) operates the mobile platform commonly
referred to as ‘Orbitstork’ with the domain name https://orbitstork.com/ (Platform). The
Platform is licensed, developed and / or owned exclusively by us. These Terms and
Conditions (Terms and Conditions) record an agreement between you (you, your), as
the user and us regarding your use of the Platform.
1.2 We and our third-party licensors reserve the right to update, modify, replace, limit, and
expand the Platform and its functionality.
1.3 Prior to using the Platform, you should read these Terms and Conditions carefully.
2 Acceptance of Terms and Conditions
2.1 By using the Platform, you are accepting these Terms and Conditions and agree to be
bound by them.
2.2 These Terms and Conditions apply continuously and anew each time you use the
Platform. We reserve the right to make changes to these Terms and Conditions from
time to time without notice. You should check the Terms and Conditions upon each use
of the Platform.
2.3 Operational rules, fee tables, payout timing, delivery windows, and the prohibited items &
content policy published on the Platform (the Supplemental Policy) form part of these
Terms and Conditions to the extent expressly stated on the Platform. We may update
any Supplemental Policy from time to time by publishing an updated version on
the Platform.
3 Use
3.1 To use the Platform, you may be required to supply the following information:
(a) Your name;
(b) Your email address;
(c) An address for delivery and verification purposes;
(d) Credit card or bank account details for payment purposes;
(e) Your mobile phone number;
(f) Identity verification information reasonably requested by us or our
payment/Know-Your-Customer (KYC)/Anti-Money-Laundering (AML) providers; and
(g) Any other information required to use the Platform.
(User Data).
3.2 We may request additional identity, travel or payment verification (including KYC/AML
checks) and may suspend access or withhold payouts until verification is completed.
Failure to supply correct User Data may result in you being unable to use the Platform
as intended.
3.3 We may use the User Data for the purpose of providing the functionality of the Platform
and any related purpose. In order to do so, we may share the User Data with other
parties, including stakeholders and contractors.
3.4 Our use of any personal information provided within the User Data will be in accordance
with our Privacy Policy available at https://orbitstork.com/privacy.
3.5 You must be at least 18 years old to create an account or use the Platform.
3.6 You must use the Platform for its intended purpose.
3.7 You must not use the Platform for any unconscionable behaviour or activity (Prohibited
Conduct) including but not limited to:
(a) using the Platform when you’re under 18 years old;
(b) engaging in abusive, derogatory, discriminatory, or vexatious behaviour;
(c) engaging in any activity that disrupts or corrupts the Platform or the networks
that host the Platform; or
(d) attempt to modify, adapt, hack, reverse-engineer, disable, circumvent, or
otherwise gain access to any security, database, or other secure aspect of
the Platform;
(e) modify, adapt or hack the Platform or modify another website or software to
falsely imply that it is associated with the Platform or us;
(f) use the Platform for any illegal or unauthorised purpose, including the transmission
of malware;
(g) use the Platform to violate any laws in any jurisdiction, including but not limited to
infringing copyright laws of any other person;
(h) solicit, offer, or accept payment for any transaction outside the Platform or otherwise
seek to circumvent the Platform’s payment processes; or
(i) attempt to complete, or invite another user to complete, a Transaction (as defined in
clause 5) or payment outside the Platform (we may cancel the Transaction, withhold or
reverse payouts, and suspend the relevant accounts).
3.8 You may link to the Platform only:
(a) With our prior express permission;
(b) In a way that is fair, unbiased, legal and does not damage or exploit our
reputation; and
(c) Without suggesting any association or endorsement by us.
3.9 You must remove or procure the removal of any link to the Platform immediately
upon receiving notice from us to do so. We may give such notice at our absolute
discretion without justification.
3.10 Users may leave ratings and reviews. Reviews must be fair and accurate, and must not
be defamatory, discriminatory, harassing or misleading. We may moderate, remove,
or restrict reviews and may suspend or terminate accounts for repeated breaches of
these standards.
3.11 Users may flag content, orders or conduct that appears illegal or breaches these Terms
and Conditions. We may consider flags, ratings and transaction history when deciding
whether to warn, restrict, suspend or terminate accounts.
3.12 We use a combination of automated tools and human review to detect potentially illegal
or offensive content (including images and text). Automated tools are not perfect and
may not identify all such content. We may remove content, cancel transactions, or
suspend accounts at our discretion where we reasonably consider there is a breach of
these Terms and Conditions or any Supplemental Policy.
4 Advertisements
4.1 We may display advertisements by third party sponsors on the Platform (Ads). In doing so,
we do not warrant the functionality of the business, product, or service being advertised
in the Ad. We do not hold ourselves out as partners, affiliates, guarantors, or as having
any other type of legal or professional relationship with the third party sponsors.
4.2 Where Ads link to third party websites, we do not warrant the safety, functionality, or
suitability of these websites. We are in no way liable for any loss, damage, risk or liability
incurred from you visiting any third party websites accessible through Ads.
4.3 Advertised third party websites may be subject to their own terms and conditions. We do
not verify or warrant the legality or suitability of those terms and conditions, and we
encourage you to read them before accessing or using the linked site.
5 Marketplace only
5.1 The Platform provides a marketplace through which users can buy goods or services
through the Platform from other users (Transaction).
5.2 Our involvement in the Transaction is limited to that of a facilitator to the Transaction. We
are not and do not purport to be a contractual party to the Transaction. We are not
responsible for the performance of either party’s obligations under the Transaction. We
do not resolve, mediate, adjudicate or otherwise determine any issue arising
between users.
5.3 Our involvement in the Transaction is limited to the following capacity:
(a) Facilitating the Transaction by allowing the purchasing user to buy goods or services
from the selling users; and
(b) Collecting payment from the purchasing user and remitting it to the selling user. Any
temporary administrative payment holds we apply are solely to comply with law,
card‑scheme or processor requirements or to manage platform integrity risks;
they are not a decision on any dispute between users.
5.4 The following ordering flow applies:
(a) A purchasing user (Buyer) may create an order by specifying the requested item, any
preferred retailer, timing window and other parameters.
(b) Other users (Travellers) may submit quotes stating their proposed total price
(which includes the item cost and the Traveller’s fee) and any conditions (for example,
handover location).
(c) The Buyer may select a quote at its discretion.
(d) Upon the Buyer accepting a quote, a Transaction is formed between the Buyer and the
Traveller, subject to these Terms and Conditions and any terms displayed on the
Platform at the time of selection.
(e) Upon a Traveller uploading a mandatory proof of purchase , we may share limited
contact details between the Buyer and the Traveller to facilitate handover.
(f) The Buyer and the Traveller will be responsible for the handover process.
(g) You must exercise reasonable care when arranging any off-platform meeting and comply
with any safety guidance we publish in our Supplemental Policy published on the
Platform, including meeting in a public place and not carrying cash. We do not supervise
handovers and are not responsible for any conduct of users during handover.
5.5 Orders may auto-expire if no quote is selected within the timeframe stated on the Platform.
We may apply reasonable limits to order creation and quoting frequency as set out in the
Supplemental Policy published on our Platform.
5.6 In consideration of the Service, we deduct a commission as a percentage of the value of the
Transaction. Please see clause 6 for further details.
5.7 For clarity:
(a) For each Transaction, the Traveller is the seller of record and is solely responsible to the
Buyer for the goods (including compliance with all non-excludable guarantees under the
Australian Consumer Law), product safety and recall obligations, customer service, and
returns and refunds.
(b) Travellers are independent users who may agree with purchasing users to acquire goods
from third-party retailers overseas and hand over those goods to purchasing users.
(c) The Traveller is responsible for all taxes, duties and charges arising from the sale and
import of the goods and indemnifies us for any loss, cost, liability or claim arising from
their non-compliance with law (including customs, tax, product safety and
consumer law).
(d) We are not the seller or courier of any goods, do not take possession of goods, and are
not a bailee or agent of any user. We are not the importer of record for any goods.
Depending on the circumstances of a Transaction, the Buyer or Traveller may be treated
as the importer under applicable law.
(e) We do not guarantee that any item is lawful to purchase, carry, import or deliver.
(f) A Buyer’s contract for the goods is with the relevant third-party retailer (via the Traveller),
and any arrangement to collect and hand over the goods is between the Buyer and
Traveller. For clarity, the Traveller, not us, supplies the goods to the Buyer.
(g) Any dispute regarding the goods, including returns and refunds, is strictly between the
Buyer and the Traveller.
6 Fees and Payment
6.1 The fee to buy a good or service on the Platform is payable by the Buyer pursuant to this
clause 6(Transaction Fee). You must complete any forms required by us through the
Platform to enable us to process payment of the Transaction Fee.
6.2 The Transaction Fee is the total price of the selected quote as shown on the Platform at
the time the Buyer selects the Traveller’s quote.
6.3 The Buyer authorises us or any third-party service provider to debit their account at the
relevant financial institution connected with the payment details identified and provided
in their User Data for payment of all Transaction Fees arising upon a Buyer’s acceptance
of the Traveller’s quote. Accepted payment methods are set out in the fees table on the
Platform and may change from time to time.
6.4 We are entitled to receive a commission deductible from the Transaction Fee
(Commission). The Commission will be deducted prior to remitting payment to the
Traveller. The Commission will be calculated in accordance with the fee table available on
our Platform.
6.5 We use Stripe as our third-party payment service provider. Payments are processed
subject to Stripe’s terms. We do not collect or store card details.
6.6 We may update the Commission at any time and will provide you with 10 days’ notice
prior to implementing new Commission arrangements.
6.7 Upon the Buyer’s confirmation of handover on the Platform (including any delivery PIN
and mandatory upload of the proof of purchase), funds will be released by the payment
service provider to the Traveller in accordance with the payout timing stated on the
Platform. If handover is not confirmed, funds will be returned to the Buyer once the
Transaction is cancelled by the parties through the Platform tools or by expiry under the
Platform’s auto‑cancel logic. We do not decide who is “right”; our systems only act on
Platform status signals provided by users or automated expiry.
6.8 We may apply administrative holds required by law, card‑scheme/processor rules or our
fraud/chargeback controls. Any such hold is not a resolution of any dispute.
6.9 If the Transaction and handover are completed, the Traveller is entitled to receive the
Traveller’s fee, which is the Transaction Fee less:
(a) Our Commission;
(b) Any applicable transaction fee as deducted by our third-party payment processor;
(c) Any other applicable third-party fees as notified to the Traveller from time to time; and
(d) Any other amount which is owed to us by the Traveller.
(Traveller’s Fee).
6.10 The Traveller’s Fee will be remitted to the Traveller in accordance with the payout timing
published in the fees table available on our Platform.
6.11 If a Transaction is subject to a chargeback, reversal or retrieval request, we may
withhold, set off or recover from the Traveller any amounts paid out, and may deduct
related fees in accordance with the fee table page on our Platform.
6.12 If your account reflects a negative balance (including due to chargebacks, reversals or
refunds), you authorize us to set off, withhold or debit the amount from current or
future payouts and/or invoice you for immediate payment.
6.13 We may suspend or terminate accounts, and withhold or delay payouts, where we
reasonably consider there is an elevated chargeback, counterfeit or fraud risk.
6.14 It is the Buyer’s responsibility to ensure that there are sufficient cleared funds or
financial capacity in the nominated account to honour payment of the Transaction Fee
when it falls due.
6.15 We will not be held responsible for any fees and/or charges imposed by a financial
institution or any other third party that may be incurred if there are insufficient funds in
the Buyer’s account or if the payment fails.
6.16 You are responsible for providing complete and accurate billing and contact information
to us, and we will not be held responsible for any loss or damage caused by the
provision of incomplete billing information.
6.17 We may exercise set-off, withholding and recovery rights described in this clause 6 in
respect of any amounts payable by you under clause 10.9.
7 Third-party payment service
7.1 We use a third-party payment service provider to process payments on the Platform.
Payments submitted through the third-party payment service provider are subject to their
terms and conditions, and you agree to comply with them.
7.2 We are not liable for any issues, including charges from your financial institution, which
may arise as a result of this service.
8 Handover
8.1 For each Transaction, the Traveller proposes a handover date and the Buyer confirms it
when accepting the Traveller’s quote. Both parties must take reasonable steps to
complete the handover on the agreed date and at a mutually agreed location. You must
ensure an authorised person is available to meet and receive the goods. If handover
does not occur on the agreed date due to a party’s no-show or delay, that party may be
responsible for the resulting consequences under these Terms and Conditions (including
ratings impact) and any applicable fees set out on the Platform. For clarity, unless
expressly agreed in the quote or via the Platform, Travellers are not required to ship
items; handover is ordinarily in person at a mutually agreed location.
8.2 Where required by the Platform, handover is confirmed by the Buyer entering a one-time
delivery PIN and the Traveller uploading a mandatory proof of purchase (e.g., receipt). If
the delivery PIN does not match or mandatory proof of purchase is not provided,
the Platform will not mark the handover as complete, and funds will not be released to
the Traveller until the parties confirm completion or the Transaction auto-cancels
according to the Platform rules.
8.3 Risk of loss in the item remains with the Traveller until handover is confirmed on the
Platform. We do not provide insurance for items carried by Travellers.
8.4 At handover, the Buyer may inspect the item before confirming delivery on the Platform.
The Buyer may reject the item on the spot where it is:
(a) not as described or materially mismatched to the order/specification;
(b) damaged, tampered or incomplete; or
(c) reasonably suspected to be counterfeit or unlawful.
8.5 If the Buyer rejects the item at handover, the parties must manage the matter between
themselves. The Platform will allow the parties to cancel the Transaction. Once cancelled,
the Transaction Fee, less the Commission, will be returned to the Buyer less any
non‑refundable payment processing charges disclosed on the Platform. We do not review
merits or evidence.
9 Refunds
9.1 Pre-handover review: Where proof of purchase is uploaded, the Buyer and Traveller
contact details will be shared with one another. The Buyer may request changes directly
from the Traveller via messaging outside the Platform. If the parties agree to cancel
before handover, the Transaction Fee will be returned to the Buyer, less any non-
refundable payment processing charges as disclosed.
9.2 Handover inspection and rejection: The Buyer may inspect the item at handover. If the
Buyer rejects the item, the Buyer and Traveller must resolve the matter between
themselves and, if appropriate, cancel the Transaction via the Platform tools. On
cancellation, the Transaction Fee will be returned to the Buyer less any non‑refundable
payment processing charges as disclosed. We do not provide returns processing, dispute
resolution or customer service for goods. Our Commission may be retained
notwithstanding any refund of the Transaction Fee.
9.3 Acceptance and finality: Once handover is confirmed on the Platform (including entry of
any delivery PIN), the Transaction is complete and amounts are released. Subject to non-
excludable rights under Australian Consumer Law, no refunds are available for change of
mind or dissatisfaction after acceptance.
9.4 Illegality and confiscation: Where items are seized or refused, outcomes and any
refunds are a matter between the Buyer and Traveller. We will comply with lawful
directions of authorities and any applicable processor rules, but will not determine
liability between users.
9.5 Our role: For Transactions, our determination is limited to payment holds and releases
under these Terms and Conditions and any Supplemental Policy. Nothing in this clause
prevents either party from seeking other remedies at law.
9.6 Fees and refunds: Except as required by law or as otherwise determined by us under
these Terms and Conditions, our Commission and other platform fees are generally non-
refundable. Nothing in these Terms and Conditions limits any non-excludable rights you
may have under the Australian Consumer Law. We do not collect, review or adjudicate
user evidence. Users should retain their own records for any legal claim against the
other user.
10 Compliance and Prohibited Items
10.1 General: You must comply with all applicable customs, import, biosecurity, airline
and safety laws (including any declaration, permit, labelling, packaging and product
safety requirements).
10.2 Duty-free items: Travellers must not purchase or carry duty-free items for delivery via
the Platform.
10.3 Prohibited list: You must comply with the prohibited items & content policy published
on the Platform (updated from time to time) including country-specific restrictions,
airline and airport rules, and biosecurity controls. For the avoidance of doubt, the
Traveller is ultimately responsible for the import of any requested items.
10.4 Allocation of responsibilities: The Buyer is responsible for confirming that the
requested item is lawful to request and import at the destination (including permits,
duties and taxes) and for providing any information or documents reasonably required
for import or clearance. The Traveller must exercise reasonable care and decline to
carry items that are clearly prohibited or that the Prohibited Items & Content Policy
identifies as not permitted and must make any required declarations truthfully. We do
not guarantee that any item will clear customs or biosecurity.
10.5 Enforcement: We may cancel a Transaction, withhold or reverse a payout, or suspend
an account if we reasonably believe a Transaction breaches this clause 10or any
Supplemental Policy. Any such action is an administrative platform enforcement and is
not a decision on any dispute between users.
10.6 Counterfeits: Requests for, or carriage of, counterfeit or grey-market goods is
prohibited. We may cancel a Transaction and withhold payout if we reasonably suspect
counterfeiting. We may require the Traveller to provide proof of authenticity (for
example, a store receipt evidencing model or serial number) and may cancel a
Transaction and withhold or reverse payout where reasonable proof is not provided.
10.7 Importer of Record: Unless stated otherwise on the Platform for a specific Transaction,
the Buyer is responsible for any duties, taxes, tariffs and import charges, and the
Traveller must not misdeclare the nature or value of goods.
10.8 Seizures and inspections: As a Traveller, you must promptly notify the Buyer if goods
are detained, inspected or seized, and cooperate with reasonable requests or directions
of any authorities. We may disclose relevant User Data and Transaction information to
authorities where legally required or reasonably requested. Any cooperation with
authorities is independent of, and not a substitute for, dispute resolution
between users.
10.9 Recoveries: If we incur any duty, tax, penalty, storage, carrier or other charge arising
from your act or omission (including misdeclaration or carriage of prohibited items), you
must reimburse us on demand and we may set off or withhold amounts under clause 6.
10.10 Sanctions and export controls: You must not use the Platform in a way that would
breach applicable sanctions, export control or trade restrictions. We may cancel a
Transaction and withhold or reverse payouts where we reasonably consider that such
a breach may occur.
11 Intellectual Property
11.1 Your use of the Platform is pursuant to a non-exclusive license between you and us
which is granted subject to these Terms and Conditions. Nothing in these Terms and
Conditions or otherwise creates an assignment of any rights in the Platform or any
related materials beyond the ability to use it for its intended use.
11.2 Nothing in these Terms and Conditions or otherwise creates the right for you to
sublicense the Platform.
11.3 You undertake not to reverse engineer, replicate, or otherwise copy the Platform. We
reserve all our rights to seek compensation, damages, injunctions, or any other remedy
available to us at law if any attempt to do so, whether successful or unsuccessful, is
made by you or any of your affiliates.
11.4 You must not reproduce, duplicate, copy, sell, resell or exploit any portion of the
Platform or any products ordered through the Platform, use of the Platform, or access
to the Platform without our prior express written permission. We claim copyright and
all other intellectual property rights over the Platform, its other products and services
and reserve all of our rights.
11.5 All intellectual property and ownership rights subsisting in the Platform (including the
user interface and the software comprising the Platform), the data derived from use of
the Platform, and any other documentation, information or materials that are supplied
by us to you, remain our or our third party licensors’ exclusive property. For the
avoidance of doubt, nothing in this agreement assigns any ownership rights to you.
12 Operation of the Platform
12.1 You warrant that you will comply fully with all the Platform operating instructions. Any
failure to comply fully with operating instructions may result in the sub-par or faulty
performance of the Platform.
12.2 You are responsible for keeping your own device secure when accessing the Platform
and must log out of the Platform when you have finished using the Platform, especially
if you share your phone or tablet with other users.
12.3 You are solely responsible for maintaining the secrecy of your username, password and
any other account credentials, and for all activity under your account.
12.4 We transmit information over the internet using HTTPS; however, you acknowledge
that no method of transmission or storage is completely secure and you should take
appropriate precautions.
12.5 We accept no liability, and you release us from any such liability, associated with faults
or errors caused by your non-compliance with all operating instructions.
12.6 We may suspend the Platform for any one or more periods of time if we are unable to
provide the Platform due to a fault or dysfunction with our servers.
13 Modifications to the Platform
13.1 We reserve the right to modify or discontinue, temporarily or permanently the Platform
and its other products and services with or without notice.
14 Warranties
14.1 You acknowledge and agree that, to the extent permitted by law and subject to clause
14.5, our responsibility is limited to provision of the Platform and related services
described in these Terms and Conditions. Nothing in these Terms limits any
non‑excludable rights you may have against us in relation to our supply of the Platform
as a service. We give no warranties and assume no obligations in relation to the goods,
which are supplied by Travellers.
14.2 Subject to any of the rights you may have under Australian Consumer Protection Law,
we exclude to the fullest extent possible all implied terms and warranties, whether
statutory or otherwise, relating to the Platform or any other matter under these Terms
and Conditions.
14.3 The Platform is made available to you on an “as is” basis. We make no warranties,
representations or conditions of any kind, express, statutory or implied as to:
(a) The operation and functionality of the platform;
(b) the accuracy, integrity, completeness, quality, legality, usefulness, safety and IP
rights of any of the software content; and/or
(c) the products and services associated with the Platform or its content.
14.4 We further disclaim all warranties, express, statutory or implied, including, but not
limited to, implied warranties of merchantability, merchantable quality, durability,
fitness for a particular purpose and/or non-infringement. No advice or information,
whether oral or written, that you obtain from us shall create any warranty,
representation or condition not expressly stated herein.
14.5 To the extent the Australian Consumer Law applies, non-excludable guarantees
for our supply of the Platform (services) remain and nothing in these Terms and
Conditions excludes them.
14.6 Traveller warranties: Each Traveller represents and warrants to the Buyer and to us
that the goods supplied will:
(a) match the description and specifications agreed in the Transaction;
(b) be free from known tampering or damage at handover;
(c) not be counterfeit; and
(d) be lawfully purchased and carried with any required declarations made truthfully.
14.7 Buyer warranties: Each Buyer represents and warrants that the requested item is
lawful to request, receive and possess at the destination, and that the Buyer will obtain
any necessary permits or approvals.
15 Limitation of liability
15.1 We disclaim all liability for any:
(a) indirect, special, incidental, punitive, exemplary, reliance or consequential damages;
(b) loss of profits;
(c) business interruption;
(d) network interruptions;
(e) loss or damage to reputation of us or any third party;
(f) loss of information or data;
(g) all liability for any loss or damage, relating to or arising out of your use of the
Platform as a marketplace service. We are not responsible for the goods supplied by
Travellers or any obligations owed by a Buyer or Traveller under a Transaction. For
the avoidance of doubt, we have no liability to you arising from any dispute between
a Buyer and a Traveller, and we do not provide dispute resolution services.
15.2 Your use of the Platform is at your own discretion and risk, and you will be solely
responsible for any resulting loss or damage, including but not limited to, any loss of
data or damage to your computer(s) or networks from viruses that may be downloaded
to your computer in the course of using the software. Some jurisdictions do not allow
the exclusion of certain warranties, the limitation or exclusion of implied warranties, or
limitations on how long an implied warranty may last, so the above limitations may not
apply to you. If you reside in such a jurisdiction, the above limitations shall apply to you
to the fullest extent permitted under applicable law.
15.3 To the extent permitted by law, our maximum aggregate liability to you for any claims,
damages, injuries or causes whatsoever, and regardless of the form of action (whether
such liability arises due to negligence, breach of contract, misrepresentation or for any
other reason), will at all times be limited to the greater of (i) the amount paid, if any, by
you to us in connection with the Platform in the 2 months prior to the action giving rise
to liability or (ii) $1.00, in each case in respect of our provision of the Platform and
related services only and not in respect of the goods the subject of any Transaction.
15.4 To the extent the Australian Consumer Law applies, non-excludable guarantees
for our supply of the Platform (services) remain, and nothing in these Terms and
Conditions excludes them.
16 Indemnity
16.1 You defend, indemnify and hold harmless us, our members, managers, subsidiaries,
affiliates, any related companies, contractors, licensors and partners, and the officers,
directors, employees, agents and representatives of each of them, including costs,
liabilities and legal fees, from any claim or demand made by any third party due to or
arising out of:
(a) Your access to or use of the Platform;
(b) Your violation of this agreement;
(c) Any infringement by you of any intellectual property or other right of any person
or entity;
(d) Any goods you request, carry or supply (including product safety, defects, recalls,
counterfeit or grey-market goods, descriptions and labelling);
(e) Any customs, import, biosecurity, sanctions, export control or tax matter (including
duties, penalties, storage or carrier charges) connected with a Transaction;
(f) Any claim by a Buyer or Traveller (as applicable) arising from your act or omission in
connection with a Transaction. We are not responsible for defending, managing or
resolving any such claim between users.
16.2 We reserve the right, at your expense, to assume the exclusive defense and control of
any matter for which you are required to indemnify us, and you will cooperate with our
defense of these claims. You will not settle any matter without our prior written
consent. We will use reasonable efforts to notify you of any such claim, action or
proceeding upon becoming aware of it.
17 Transfer of rights and obligations
17.1 These Terms and Conditions are binding on you and us and on our respective
successors and assignees.
17.2 You may not transfer, assign, charge or otherwise dispose of your rights or liabilities
under these Terms and Conditions, or any of your rights or obligations arising under it,
without our prior written consent.
17.3 We may transfer, assign, charge, sub-contract or otherwise dispose of any of our
rights or obligations arising under these Terms and Conditions, at any time without
your prior consent.
18 No dispute resolution by us
18.1 We are not a party to Transactions and will not act as mediator, arbitrator, referee,
decision‑maker or conciliator in any dispute between users.
18.2 Our administrative actions (including account suspensions, cancellations, payment
holds and reversals) are taken to operate the Platform and comply with legal/processor
obligations and must not be construed as a determination of any party’s rights
or obligations.
18.3 Nothing in these Terms prevents a user from pursuing legal remedies directly against
another user.
19 Force Majeure Events
19.1 We will not be liable or responsible for any failure to perform or delay in performance
of any of our obligations under these Terms and Conditions that is caused by events
outside our control (Force Majeure Event).
19.2 A Force Majeure Event includes any act, event, non-occurrence, omission or accident
beyond our reasonable control and includes in particular (without limitation)
the following:
(a) Strikes, lock-outs or other industrial action;
(b) Civil commotion, riot, invasion, terrorist attack or threat of terrorist attack, war
(whether declared or not) or threat or preparation for war;
(c) Fire, explosion, storm, flood, earthquake, subsidence, epidemic or other
natural disaster;
(d) Impossibility of the use of railways, shipping, aircraft, motor transport or other
means of public or private transport;
(e) Impossibility of the use of public or private telecommunications networks;
(f) Epidemic, pandemic or other health emergency (whether declared or not), including
without limitation lockdowns or any other restrictions imposed as a result of the
COVID-19 pandemic or any other pandemic or epidemic at any time; and
(g) The acts, decrees, legislation, regulations or restrictions of any government.
19.3 Our performance under these Terms and Conditions is deemed to be suspended for
the period that the Force Majeure Event continues, and we will have an extension of
time for performance for the duration of that period. We will use our reasonable
endeavors to bring the Force Majeure Event to a close or to find a solution by which
our obligations under these Terms and Conditions may be performed despite the Force
Majeure Event.
20 General
20.1 To the extent permitted by law, we reserve the right to create, collect and / or store any
metadata resulting from your use of the Platform. To the extent permitted by law, we
may use metadata for a variety of functions including (but not limited to) conducting
investigations, helping us manage and administer the Platform, for purposes of search
engine optimization and to drive traffic to the Platform. To the extent permitted by law,
we reserve the right to share your information (including metadata) with government
agencies and authorities to the extent this is required or requested of us.
20.2 We may use third party vendors and hosting partners to provide the necessary
hardware, software, networking, storage, payment gateway and related technology
required to run the Platform.
20.3 We may cooperate with law enforcement and regulatory agencies, including by freezing
accounts or holding funds and disclosing information where legally required or
reasonably requested in connection with suspected unlawful activity.
20.4 Verbal, physical, written or other abuse (including threats of abuse or retribution) of any
of our employees, members, representatives, or officers will result in immediate
termination of your access to the Platform.
20.5 We do not warrant that:
(a) The Platform will meet your specific requirements;
(b) The Platform will be uninterrupted, timely, secure, or error-free;
(c) Any errors in the Platform will be corrected.
20.6 We do not provide complaints handling or dispute resolution between users. Any
complaint about the goods or a Transaction must be directed to the relevant Traveller
or Buyer, as applicable.
20.7 Our failure to exercise or enforce any right or provision of these Terms and Conditions
shall not constitute a waiver of such right or provision. The Terms and Conditions
constitute the entire agreement between you and us and govern your use of the
Platform, superseding any prior agreements between you and us.
20.8 Any part of these Terms and Conditions that is invalid, prohibited or not enforceable
will not void the balance of the Terms and Conditions. All other parts will be enforced
without regard to the invalid provision and continue to be valid in accordance with
their terms.
20.9 We make no representations or warranties that the content of the Platform complies
with the laws (including intellectual property laws) of any country outside of Australia.
20.10 Any queries about the Terms and Conditions should be sent to us by email
20.11 These Terms and Conditions are governed by the laws of Queensland, Australia.
Disputes arising from your use of the Platform are exclusively subject to the
jurisdiction of the courts of Queensland, Australia.
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