Terms & Conditions



Last updated: 6 October 2020

Introduction

Welcome to https://marketplace.globalsisters.org (Website). This Website is owned and operated by Global Sisters Limited ACN 162 363 180, its subsidiaries and affiliates in Australia (collectively referred to as ‘Global Sisters’, ‘us’ or ‘we’).

The term 'you', ‘user’ or ‘Sister’ refers to the person accessing or using the Website or our online Marketplace (defined below), or the company or organisation on whose behalf that person accesses the Website or our Marketplace (Organisation).

Global Sisters addresses systemic barriers for women in Australia in accessing mainstream employment. We make business a genuine option for women who are unemployed, under-employed, in unstable or insecure work or living in areas with low employment opportunities. “#BackHerBrilliance” is our strategy to support Sisters to get a digital presence, market their businesses and drive sales in a long-term sustainable manner. Global Sisters is a not-for-profit organisation that does not operate for the profit, personal gain or other benefit of particular people (for example, its members, the people who run it or their friends or relatives).

We are delighted to provide you with access to the Website which will allow you to gain access to and use our marketplace, an online advertising medium and marketplace platform, allowing Sisters to advertise and sell, and users to purchase products, services and experiences (the Marketplace).

These Terms of Use (Terms) govern your use of the Website and Marketplace.

Acceptance of Terms

By browsing, accessing or using the Website or the Marketplace or by transacting through or on the Marketplace, you acknowledge and warrant that you have read, understand and agree to be bound by these Terms and any additional terms and conditions notified to you from time to time. These Terms form a legally binding agreement between Global Sisters and you. If you do not agree to these Terms, you must immediately exit and not access or use the Website or Marketplace.

Changes to the Terms or Privacy Policy

We may from time to time (with or without notice to you) update or amend these Terms and our Privacy Policy at our sole discretion by posting the changes on our Website. The then current version of the Terms and Privacy Policy will apply each time you use our Website or Marketplace. Your continued use of the Website or Marketplace after any such change constitutes an acceptance of any changes to the Terms and / or Privacy Policy. We will endeavour to keep you updated on any change to these Terms and our Privacy Policy, however, you are responsible for keeping up to date of any changes by regularly reviewing these Terms and Privacy Policy.

Using the Website, Marketplace

By hosting the Marketplace, we facilitate the transactions between users. This includes but is not limited to assistance with customer service, charge backs, fulfilment, warranties, returns and product defects 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. You are fully responsible for all activities that occur on the Website or Marketplace.

In order to use the Marketplace, you will be required to create an account. This may include the provision by you or your Organisation of information about yourself to Global Sisters (User Information). All User Information provided by you or your Organisation to Global Sisters must be true and correct.

User Information collected about you may include, but is not necessarily limited to:

  • your full name and prefix (e.g. Mr or Mrs etc.);
  • your mobile and / or landline number;
  • your work address and email address;
  • your postal address, shipping address;
  • your professional details;
  • your payment and billing details (e.g. your credit card, payment / bank account, PayPal etc); and.
  • any other information that may be required in order to provide the Marketplace to you.
  • We do not store your card details in our own system. All credit card information is vaulted by Braintree Payments (the payment gateway). Our system stores a token that Braintree uses to provide card details in the case of a subscription payment.

    The collection, holding, use and disclosure of all User Information is governed by these Terms and our Privacy Policy.

    You must promptly notify us and update your profile if any of your User Information is wrong or changes from time to time. By providing your contact details, you agree to Global Sisters contacting you via such means.

    By accessing the Website and using the Marketplace, you confirm that you are at least 18 years of age.

    You expressly consent to use by us, or any third person acting on our behalf, of the User Information and any information we collect about you in accordance with these Terms, Privacy Policy and for any lawful purpose.

    Provision of the Marketplace

    Responsibility

    Global Sisters:

  • is not responsible for any order for a product or service placed through the Website or the Marketplace. Any order for a product or service placed by you through the Website or the Marketplace is a matter solely between you or your Organisation and the other users of the Website or the Marketplace;
  • is not responsible for any contract or agreement formed between you and other users of the Website or the Marketplace; and makes no representation or warranties about any contract or agreement formed between you and other users of the Website or the Marketplace.
  • You bear all risk in any products or services you obtain or access through the Website or the Marketplace, including loss, damage or deterioration to the products due to any cause whatsoever.
  • Information provided on the Website and the Marketplace by Sisters

    We accept advertisements on the Website and the Marketplace from Sisters. Advertisements on the Website and Marketplace are prepared by Sisters in their capacity as individuals and in no way affiliated with us. We take no responsibility for the accuracy of price information or specifications of any products or services advertised or sold on the Website or the Marketplace. We are not responsible for information uploaded or created by such users. You should verify any information yourself.

    All other information on the Website and the Marketplace are provided on an “as is”, “where is” and “as available” basis without warranty of any kind by us. We do not warrant or represent that the products or services advertised on the Website or Marketplace will be suitable for any purpose, or that a Sister 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 Website or Marketplace and to investigate for yourself the condition, quality and suitability of any products or services advertised on the Website or Marketplace.

    Website and Marketplace Documentation

    We may make documentation regarding the specifications for the Marketplace and how to use the Marketplace (for example user guides etc.) (Documentation) available to you in connection with your use of the Website or Marketplace from time to time. Without limiting your obligations under clause 8 of these Terms, you must comply with such Documentation at all times when using this Website or the Marketplace.

    You acknowledge that the Documentation may have been supplied to Global Sisters by or on behalf of a manufacturer or a reseller (as applicable), and while we take reasonable steps to ensure that the Documentation is accurate, reliable and correct we do not guarantee that such Documentation will be accurate, reliable or correct at all times and in all circumstances.

    Without limiting clause 9 of these Terms, if you become aware of any actual or suspected error or defect in the Website, Marketplace or Documentation, you must immediately notify Global Sisters and provide Global Sisters with such information and other assistance as we may require in connection with such defect.

    Users making purchases on the Website and Marketplace

    Binding agreements

    It is the responsibility of each unique Sister to pack and ship products and maintain relationships directly with you. Each page on the Marketplace is hosted independently by Sisters in their capacity as individuals and are in no way affiliated with us. They are responsible for the product / service listings, pricing, shipping and their own terms.

    When you place an order to purchase a product or service via the Website or Marketplace, you are making an offer directly to another Sister. Your order will not be deemed to be accepted by the Sister until we issue an email acknowledgement for your order.

    The agreement formed is between you and a Sister (not us), and only relates to those goods and / or services notified in the email acknowledgement of order.

    If a Sister accepts your order for the purchase of a product or service, then these Terms apply to that agreement as well as any additional terms of the individual Sister listed on the Marketplace.

    Payment

    You agree to pay the purchase price specified on the Website or Marketplace at the time that you place your order for the purchase of a product or service, and any applicable shipping and insurance charges based on the shipping options selected by you. All purchase prices include Australian GST (where applicable). Shipping and any insurance charges will be shown separately.

    If the goods are being shipped to an address that is not in the same state or country as the Sister selling the items, you will be responsible for paying any other sales, goods and services, value added, customs, excise or similar taxes or charges (“Other Taxes”) imposed by any applicable government agency in the addressee state or country. The Sister is unable to advise you on the amount of any Other Taxes, and you should contact the taxing authorities of the state or country that the products are to be shipped to or services provided if you are unsure whether any Other Taxes will apply.

    You must pay for the product or services online by credit card (we accept Visa, MasterCard and American Express), or PayPal or other payment methods approved by us. Your payment will be processed upon receipt of your order. The credit cards that are accepted from time to time will be listed on the Website. A transaction fee may apply for the use of certain credit cards, PayPal or other payment methods approved by us, and where this is the case this will also be listed on the Website.

    Cancellation of orders

    We may cancel an order that has already been accepted if we suspect that you are acting fraudulently (such as using a credit card without proper authorisation) or in breach of these Terms.

    While Sisters endeavour to avoid pricing and other errors, inadvertent errors do occur from time to time and the Sister may also cancel an order that it has accepted in such circumstances.

    Unforeseen supply problems or unexpected demand may occasionally result in a product or service being unavailable. If there is a delay in shipping your order the Sister will contact you by email as soon as possible to advise you of the reason for the delay. If this occurs, you may cancel your order at any time prior to when the Sister ships the product to you and receive a full refund of the purchase price.

    You may also cancel an order if the Sister is in breach of these Terms.

    Shipping and delivery times and shipping costs

    Shipping and delivery times for products or services listed on the Website or Marketplace are provided by other users and are estimates only. Global Sisters is not responsible for delivery times.

    It is up to the individual Sisters to advise their shipping and delivery details, options, conditions or cost, regarding their products and services. These can be found on their Marketplace page, and individual Marketplace product pages along with any other terms & conditions of the product listed by the Sister.

    Shipping costs are calculated by Sisters themselves and not Global Sisters. These costs will usually be determined by the value of the order, size and weight of the goods.

    Shipping costs (if any) can be seen on the specific product page itself on the Marketplace, and when added to cart, calculated accordingly once you advise your location and added to the total amount. You will also see the shipping options and costs at the checkout of the Marketplace before you purchase an item.

    The Marketplace has been developed as a multi-seller checkout so you can shop across variety of Sister simultaneously, add them to the same cart and complete purchases via one checkout payment. This means that it is the individual Sisters responsibility to pack, ship and maintain relationships directly with you. Because our Sisters set their own shipping terms and prices, your orders will arrive separately and you may have multiple shipping costs.

    Because our Sellers set their own shipping terms and prices, your orders will arrive separately. This may mean you have multiple shipping costs. and your orders will arrive separately

    Free shipping may be offered by some Sisters. Please check the shipping costs directly on the offer or product listed by the Sister on the Marketplace.

    International Shipping may be offered by some Sisters. Please check the shipping costs directly associated with the product on the Marketplace to see if international shipping is an option.

    If you have received a shipment notification and tracking number please check the status of the delivery with the courier company first. If you are unable to track the order with the tracking number supplied, please get in contact with the Sister directly.

    Once you place your order you will get a notification saying your payment has been successful and your order has been successfully sent to the Sister / Sisters.

    Depending on the dispatch and shipping time-frame indicated by the Sisters on the Marketplace, you may need to wait a few days before you see the order shipment notification. Once your shipment notification has reached you, the Sister will indicate the dispatch date and give you the tracking link and number for you to track. If you've shopped with multiple Sisters, these dispatch times and notices may differ.

    If for any reason you have not received a tracking notification and its exceeded the time indicated on the Marketplace, you should get in touch with the Sister directly. You can do this directly via your account login, on your order, or on their shop page by clicking 'contact seller'.

    Exchange & Returns Policy for purchases

    Users should choose carefully before buying (including size and colour), as an order to purchase creates a legally binding contract between users of the Marketplace.

    We do not offer a satisfaction guarantee on products, services or refunds for change of mind. Items will only be replaced if they are defective or damaged. If you need to exchange it for the same item please contact the Sister directly. For faulty products or services, Sisters offer a fourteen (14) day replacement warranty from the date you receive your product or service.

    We require a receipt or proof of purchase and either photo proof of the faulty item or provide you with a stamped, self-addressed post pack in which to return it to the appropriate user. You will then be offered a replacement or repair of the faulty item or a full refund or store credit, whichever you prefer. Any refunds will be transferred back to the original payment method, e.g. your credit card, payment account or store credit etc.

    Store credits are valid for 1 year from the date of issue, unless specified otherwise.

    If for any reason a product you have ordered is not available or out of stock, we will also refund you back to the original payment method, e.g. your credit card, payment account or offer you a store credit to the same value, and in this case any shipping costs will be refunded.

    You may also be entitled to the benefit of statutory consumer guarantees in respect of items or services purchased from Sisters. If you believe an item or services is faulty, not of acceptable quality, does not match the description provided or is not fit for purpose, you may be entitled to a remedy under the Australian Consumer Law.

    Sisters using the Website and Marketplace to sell products and services

    Title and authority to sell

    You must have clear legal title and ability to sell the products and services you advertise on the Website and Marketplace in accordance with Australian law.

    Acceptable products and services

    The Marketplace provides a sales and listing platform for Sellers to list and sell products, services and experiences to customers. Global Sisters Marketplace excludes:

  • Alcohol;
  • Drugs/illegal substances & drug related products;
  • Any product related to gambling;
  • Any illegal products or services;
  • Tobacco & tobacco related products;
  • Unsafe supplements;
  • Weapons, ammunitions & explosives;
  • Adult products, services or content;
  • Third party infringement;
  • Anything that seeks to discriminate or exclude;
  • Low quality products or services;
  • Any product, service or experience that seeks to mislead or deceive;
  • Any products tested on animals; or
  • Other products and services of a similar nature.
  • Fees and payment

    Fees and commissions for use of the Website and Marketplace charged by us are subject to review and change, without the requirement to notify you unless otherwise specified in these Terms (Fees).

    All applicable fees and commissions are clearly stated on the Website and it is your responsibility to consider the fees before advertising. Placing an advertisement on the Website or Marketplace is deemed to be acceptance of these Terms and the applicable fees and commissions.

    By advertising and completing sales on the Website or Marketplace, you are giving us permission to accept full payment on your behalf from users prior to us accounting to you for such sales. You also authorise us to withhold from these payments our Fees prior to us accounting to you for such sales.

    Funds will be held for 7 days following dispatch to allow for administration of refunds and chargebacks. Payments will be made weekly into your designated account (“Payment Cycle”). Payments will equal Transaction Proceeds collected for the previous Payment Cycle less Permitted Deductions. If a payment date falls on a day other than a Business Day, the payment will be made on the following Business Day.

    Insurance

    Global Sisters does not provide any form of insurance cover to Sellers using the Marketplace. Sellers should consider their own risk profile and consider obtaining advice as to what insurance cover they should obtain in connection with the risks associated with selling on the Marketplace.

    Image quality

    All Sellers must adhere to the Seller standards regarding quality of images, copy, video content and other marketing materials to promote the business. Global Sisters reserves the right to refuse, remove or request changes to any content that does not meet these standards. The Global Sisters standards are available here [insert hyperlink].

    Unacceptable usage of the Website and Marketplace

    You must only use the Website and Marketplace in a reasonable manner, consistent with these Terms and the Documentation, any applicable professional standards as well as ordinary community standards of behaviour and decency. Under no circumstances may the Website or Marketplace be used for any illegal purpose, or in a manner likely to cause harm or offence to a person or patient.

    As a user of the Website or Marketplace, you must not:

  • submit information to the Website or Marketplace which is inaccurate, misleading or incorrect in any way;
  • infringe any intellectual property right (including copyright, database right or trade mark right) of any person or be in breach of
  • any legal duty owed to any person, such as a contractual duty or a duty of confidence;
  • reproduce any Site Content (as defined below) without our express written permission, which we may grant or withhold at our absolute discretion;
  • deceive or engage in conduct likely to deceive any person, impersonate any other person while using the Website or Marketplace, conduct yourself in an offensive manner while using the Website or Marketplace, or use the Website or Marketplace for any immoral or harmful purpose;
  • submit, post, upload, email or otherwise send or transmit to the Website or Marketplace, or any user anything that contains software viruses, or any other computer code, files or programs designed to interrupt, harm, damage, destroy or limit the functionality of any computer software or hardware or equipment linked directly or indirectly to the Website or Marketplace;
  • interfere with the Website or Marketplace or the servers or networks underlying or connected to the Website or Marketplace or violate any of the procedures, policies or regulations of the Website or Marketplace or any networks connected to the Website or Marketplace;
  • disclose your login details and passwords to any person;
  • use the Website or Marketplace for any purpose which we consider to be unacceptable or which breaches our codes of conduct, as amended from time to time;
  • post or submit illegal, prohibited or offensive content or use derogatory terms;
  • include political, religious or controversial material on the Website or Marketplace;
  • use this the Website or Marketplace to promote any products not permitted to be sold via the Website or Marketplace nor advertise hyperlinks directing users to other websites (a list of items not permitted on the Marketplace is set out in 7.2);
  • engage in data mining of any of the content on the Website or Marketplace of any sort; or
  • any other conduct that we may determine from time to time.
  • Suspension, availability and security

    We may refuse to provide you with access to the Website or Marketplace, without giving reasons and without liability to you.

    While we will take reasonable steps to ensure the availability and security of the Website and Marketplace, you accept that the Website and Marketplace provided by us is provided on an “as is”, “where is” and “as available” basis. In particular, we may at any time immediately suspend or withdraw access to you without notice and without giving reasons.

    We do not represent that the Website or Marketplace (or any software underpinning the Website or Marketplace) will be error, defect, “bug” or “virus” free, and you should take prudent steps to ensure your own online security and safety. Any file obtained from or through this Website or Marketplace are provided, and may only be used, on the basis that the user of such files assumes all responsibility for any loss, damage or consequence resulting directly or indirectly from use of those files.

    Termination

    You may end your access to the Website or Marketplace (in whole) at any time by deleting your account. We may immediately terminate your access to the Website or Marketplace without notice or cause for any reason. Reasons we may terminate access to the Marketplace include where:

  • you breach any of these Terms;
  • we have ceased to provide the Marketplace, in whole or in part;
  • our business or contractual relationships with third parties require us to do so; and / or
  • we consider that you have done something that is detrimental to our interests or reputation or those of any third parties.
  • You acknowledge that none of Global Sisters, any of our third-party contractors or any other person will have any liability to you for any reason whatsoever arising from any termination of your access to the Website or Marketplace.

    You acknowledge that Global Sisters may, at its absolute discretion and without prior notice, modify or discontinue, temporarily or permanently, the Website or Marketplace (or any part thereof) at any time. Global Sisters shall not be liable to you in any way for any such modification or discontinuation.

    Intellectual property rights

    The entire contents and design subsisting in, relating to or arising out the Website and Marketplace and available through or in connection with the Website and Marketplace including, but not limited to copyright, logos, trade marks, designs, text, graphics, images, information, applications and other files, and their selection and arrangement (Site Content), are the proprietary property of Global Sisters, our content providers or our licensors with all rights reserved. You must not do anything, or omit to do anything, which may infringe our intellectual property rights except where expressly authorised in these Terms.

    No Site Content may be modified, copied, distributed, communicated, framed, reproduced, republished, downloaded, displayed, posted, transmitted, sold, assigned, duplicated, licensed in any form or by any means, in whole or in part, without our prior written consent. In addition, you agree not to use any data mining, robots, or similar data gathering and extraction methods in connection with the Website or Marketplace.

    If eligible, we will grant you a licence to access and use the Website, Marketplace and Site Content. You cannot transfer or sub-licence this licence. You can download and print content from the site as long as you do not breach copyright or other conditions of these Terms. You do not have intellectual property over the content and we can revoke your licence at any time, without cause.

    Any use of the Website, Marketplace or the Site Content other than as specifically authorised, without our prior written consent, is strictly prohibited and will terminate the licence granted.

    You further acknowledge and agree that you must not and must not do anything to enable or facilitate any other person or entity to do any thing or deal with the Website, Marketplace or Site Content in any way that infringes, impairs or otherwise diminishes the intellectual property rights of Global Sisters or our suppliers, manufacturers, content providers or licensors.

    Warranties disclaimer

    Subject to applicable law and other warranties, conditions, rights or guarantees implied by relevant legislation, including the Competition and Consumer Act 2010 (Cth) (the CCA) and the Australian Consumer Law set out in Schedule 2 of the CCA (the ACL), the exclusion of which from an agreement would contravene a statute or cause part or all of these Terms to be void (Non-excludable Rights), the Website and Marketplace is provided “as is”, “where is” and “as available” and without any representations, warranties or guarantees of any kind or nature, except as expressly set out in these Terms.

    In relation to your use of the Website and Marketplace, you acknowledge and agree that:

  • the internet is an inherently insecure communication medium, and you use the Website and Marketplace at your own risk; we have no responsibility for any use, misuse, loss, corruption, interception or delay of information or data uploaded, downloaded, hosted or otherwise communicated via the Website or Marketplace; and
  • you are responsible for keeping all usernames, passwords and other security-based information secure and private at all times.
  • Liability

    To the maximum extent permitted by law, our liability and the liability of any seller on the Website and Marketplace for any claim, action, proceeding or dispute, whether in contract, tort (including negligence), breach of statutory duty (including in respect of any Non-excludable Rights) or otherwise (Claim), under or in connection with these Terms is limited to: $100; and the amounts paid by you to the Sister as a result of the purchase of a product or service.

    To the extent that Global Sisters or a seller is not permitted to exclude its liability for any Claim in accordance with clause 13.1 under any applicable law, then, to the maximum extent permitted by law, Global Sisters or the sellers liability will be limited to $100.

    To the maximum extent permitted by law, under no circumstances will Global Sisters or a seller be responsible to you or any third party whether in contract, tort (including negligence), in equity or under statute for any special, indirect, consequential, incidental or punitive damages, or for any damages for loss of opportunity, data, profits, revenue or goodwill, regardless of whether or not such loss or damage was foreseeable and even if advised of the possibility of such loss.

    You indemnify us and our related bodies corporate, directors, officers, employees and agents from and against all actions, claims, suits, demands, damages, liabilities, costs or expenses, including reasonable legal fees, arising out of, or in any way connected to, your use of the Website or Marketplace or information or content available by means of the Website or Marketplace, or the use of the Website or Marketplace by anyone using your device.

    Privacy

    When accessing the Website or in providing the Marketplace to you, we will need to collect your personal information (both directly and indirectly). The collection, holding, use and disclosure of your personal information is governed by these Terms and our Privacy Policy, which is available at https://globalsisters.marketplacer.com/promo/privacy-policy (as amended from time to time) (Privacy Policy).

    Force majeure

    We will not be in breach of these Terms or otherwise liable to you or any other person for any unavailability or failure of this Website, the Marketplace or Site Content or any delay or other failure by us to comply with these Terms that is caused by or arises from any event or circumstances beyond our control.

    General

    All transactions are processed in Australian dollars (AUD).

    If any provision in these Terms is void or unenforceable, that provision will be read down to the extent necessary to make it valid and enforceable and to the extent that it cannot be so read down, will be severed from these Terms.

    These Terms, together with the Privacy Policy, constitutes the whole agreement relating to its subject matter and supersedes and extinguishes any prior drafts, versions, agreements, undertakings, representations, warranties and arrangements of any nature, whether in writing or oral, relating to such subject matter.

    If there is a contradiction or inconsistency between these Terms and any other notices, policies, communications or documents relating to the Website or Marketplace then these Terms will prevail to the extent of that contradiction or inconsistency, unless we expressly agree otherwise in writing.

    Your rights and obligations under these Terms are personal to you and you must not assign, transfer, sub-contract or otherwise dispose of any or all of your rights and / or obligations under these Terms.

    Nothing in these Terms preclude you from approaching us and requesting to amend or qualify parts of these Terms. Such requests will be considered by us on a case by case basis and should be send in writing via email to marketplace@globalsisters.org. These Terms will continue to apply to you and your use of the Website and Marketplace, unless qualified or amended in writing signed on behalf of Global Sisters and expressly identified as an amendment of these Terms.

    By using this Website and Marketplace you agree that there is no agency, partnership, joint venture, employee / employer or franchisee / franchisor relationship intended or created by these Terms other than the agreement to host your advertisement on the Website and Marketplace and collect and process payments and you shall not take any action or make any representation that you have any agency, partnership, joint venture, employee / employer or franchisee / franchisor relationship with Global Sisters.

    These Terms are governed exclusively by the laws in force in New South Wales, Australia and this applies notwithstanding any use of the Website or Marketplace outside of New South Wales, Australia. The parties agree to be bound by the non-exclusive jurisdiction of the Courts of New South Wales, Australia.

    Questions

    If you have any questions about our Terms or any concerns about the accuracy of the Website, Marketplace or the Site Content, please contact us at marketplace@globalsisters.org.