Terms of Use

1. AIM

We aim to provide a safe and trusted place for service receivers and providers.  We intend to be the facilitator between service receivers and service providers. 

We provide an online venue to introduce users in many ways and to allow users to advertise all sorts of items and services. 

In providing the Connect-ME venue, We do not own any Items listed on our site. 

These Terms apply when you use connect-me.com.au and interact or buy products or services through Connect-ME. By purchasing products or services facilitated through Connect-ME, you agree to these Terms. They also apply to business listings and merchants selling products and services promoted through Connect-ME.  

If you disagree with these Terms, please do not proceed with your purchase, setup, or sell as a merchant. 

2. CHANGES 

We may change these Terms at any time by updating them on Connect-ME. Unless stated otherwise, any change takes effect immediately.  You are responsible for ensuring you are familiar with the latest Terms.  By purchasing products or services through Connect-ME after the Terms have been updated, you agree to be bound by the changed Terms. 

We may change, suspend, discontinue, or restrict access to Connect-ME without notice or liability. 

Terms last updated: These Terms were last updated on 3/5/2024

3. DEFINITIONS AND INTERPRETATION 

Definitions: In these Terms: 

Connect-ME means the internet site at http://connect-me.com.au/, or such other site notified to you by us. We act as a business directory that allows businesses ( service providers) to list their business on our website. The service receiver will log in to our website and search for the best services and products from our website. Our role is to facilitate and provide a simple online platform to connect service providers and service receivers.

The detailed terms and conditions are outlined below. However, the Connect-ME is not responsible for any failure of services and products from the business listed on our website.  The service receiver must contact the merchant ( service provider) to resolve the conflict. 

It’s up to the service receiver to use NDIS’s ( National Disability Insurance Scheme)   “registered or unregistered” service providers. We will highlight it on our website, but we don’t guarantee 100% data accuracy due to system and human error. The service receiver needs to double-check with the service providers and ask them whether they are registered or unregistered service providers under the NDIS ( National Disability Insurance Scheme) 

Merchant means a person or company who has set up an account with us to sell products and/or services through Connect-ME.  Apart from the merchant, all other users are treated as service receivers. 

Merchants and service providers have the same terminology.

Connect-ME Merchant Terms means the Connect-ME merchant terms available further down this page. 

Including and similar words do not imply any limit 

Loss includes loss of profits, savings, revenue or data, and any other claim, damage, loss, liability and cost, including legal costs on a solicitor and own client basis. 

Personal information means information about an identifiable, living person, products and services, including goods, services, events, activities, property and accommodation.

Terms means these terms and conditions are titled Connect-ME Merchant Terms. 

Underlying Systems means the IT solutions, systems and networks (including software and hardware) used to provide Connect-ME, including any third-party solutions, systems and networks. 

We, us or our means connect-me.com.au . You mean you, the person, is purchasing products or services through Connect-ME. 

4. ABOUT Connect-ME 

Ndis stands for National Disability Information Services. We are a private company with no direct or indirect relationship with the NDIS ( National Disability Insurance Scheme) Government website. 

Connect-ME allows users to discover products and services and support Australian businesses by connecting users with businesses 

Connect-ME enables you to purchase products and services directly from merchants who have placed listings on Connect-ME. 

We act solely as a facilitator between you and a merchant/service provider. Other than our obligations set out in these Terms, we are not liable to you for: 

any failure by a merchant to supply products or services you have purchased; 

the quality of any such products or services; or any failure by a merchant to comply with these Terms, the Connect-ME Merchant Terms, or any other legal obligation. 

We do not undertake to monitor or verify merchants or their products or services, including to verify the accuracy of their listings or the quality or suitability of products or services. 

We will use reasonable efforts to provide Connect-ME in accordance with these Terms and Australia law. 

We provide Connect-ME on an as-is basis, and you use it at your own risk. 

5. YOUR OBLIGATIONS 

You must use Connect-ME in accordance with these Terms and solely for lawful purposes. 

You must provide true, current and complete information in your dealings with us (including when setting up a user profile) and must promptly update that information as required so that the information remains true, current and complete. 

If you are purchasing products and/or services from a merchant, you agree to be bound by their additional terms and conditions set out on their listing, their website or otherwise made available to you. 

When purchasing through Connect-ME, you must not impersonate another person or misrepresent authorisation to act on behalf of others or us. 

6. FEES AND PAYMENT 

There are no charges for you to browse Connect-ME. The price for any products or services you purchase will be displayed to you at the time of purchase and these are set by the merchant. Connect-ME has no control over any of the merchants pricing. 

If you purchase products and/or services, payments will be processed by our third-party payment provider (currently Stripe). We don’t hold your credit card details on our website. 

7. INTELLECTUAL PROPERTY 

We (and our licensors) own all proprietary and intellectual property rights in Connect-ME (including all information, data, text, graphics, artwork, photographs, logos, icons, sound recordings, videos, and look and feel), and the Underlying Systems. 

8. PRIVACY 

When you provide personal information to us, we will comply with the Australia  Privacy Act 1993  

9. DISCLAIMERS 

To the extent permitted by law, we and our licensors have no liability or responsibility to you or any other person for any Loss in connection with: 

any product or service that you have purchased through Connect-ME, or any failure to receive any such product or service; 

Connect-ME being unavailable (in whole or in part) or performing slowly; any error in, or omission from, any information made available through Connect-ME ; 

any exposure to viruses or other forms of interference that may damage your computer system or expose you to fraud when you access or use Connect-ME. To avoid doubt, you are responsible for ensuring the process by which you access and use Connect-ME protects you from this; and any site linked from Connect-ME. Any link on Connect-ME to other sites does not imply any endorsement, approval, or recommendation of, or responsibility for, those sites or their contents, operations, products or services. 

Without limiting clause 1: 

you rely on information provided by merchants and other Connect-ME users at your own risk; 

you acknowledge we do not control, inspect, endorse, approve or check the availability, condition or nature of any advertised products and/or services or the accuracy, currency, truth or completeness of the information provided by merchants, and it is your responsibility to do so; and it is your responsibility to take any other necessary precautions before purchasing products and/or services.  

10. LIABILITY 

To the maximum extent permitted by law: 

you access and use Connect-ME at your own risk, and 

We are not liable or responsible to you or any other person for any Loss under these Terms or in connection with Connect-ME or your access and use of (or inability to access or use) Connect-ME. This exclusion applies regardless of whether our liability or responsibility arises in contract, tort (including negligence), equity, breach of statutory duty, or otherwise. 

Except to the extent permitted by law, nothing in these Terms has the effect of contracting out of the Australia  Consumer Guarantees Act 1993 or any other consumer protection law that cannot be excluded. To the extent our liability cannot be excluded but can be limited, our liability is limited to NZD10. 

To the maximum extent permitted by law and only to the extent clauses 1 and 10.2 of these Terms do not apply, our total liability to you under or in connection with these Terms, Connect-ME, or your access and use of (or inability to access or use) Connect-ME must not exceed NZD10. 

11. SUSPENSION AND TERMINATION 

Without prejudice to any other right or remedy available to us, if we consider that you have breached these Terms or otherwise consider it appropriate, we may immediately, and without notice, suspend or terminate your access to Connect-ME (or any part of it). 

On suspension or termination, you must immediately cease using Connect-ME and must not attempt to gain further access. 

Clauses which, by their nature, are intended to survive termination of these Terms, including clauses 7, 8, 9, 10 and 3, continue in force. 

12. GENERAL 

If we need to contact you, we may do so by the contact information you have provided on connect-me.com.au . You agree that this satisfies all legal requirements about written or verbal communications. 

These Terms, and any dispute relating to these Terms or Connect-ME are governed by and must be interpreted in accordance with the laws of Australia . Each party submits to the non-exclusive jurisdiction of the Courts of Australia  in relation to any dispute connected with these Terms or Connect-ME. 

For us to waive a right under these Terms, that waiver must be in writing and signed by us. 

If any part or provision of these Terms is or becomes illegal, unenforceable, or invalid, that part or provision is deemed to be modified to the extent required to remedy the illegality, unenforceability or invalidity. If a modification is not possible, the part or provision must be treated as severed from these Terms for all purposes. The remainder of these Terms will be binding on you. 

These Terms set out everything relating to your use of Connect-ME and supersede and cancel anything discussed, exchanged or agreed prior to you agreeing to these Terms. The parties have not relied on any representation, warranty or agreement relating to Connect-ME that is not expressly set out in the Terms, and no such representation, warranty or agreement has any effect from the date you agreed to these Terms. 

Connect-ME Business Listings and Merchant Terms 

Our aim is to provide a safe and trusted place for buyers to interact with sellers. We have pure intent to be the facilitator between buyer and seller simply. 

We provide an online venue to introduce users in various ways and to allow users to advertise all sorts of items and services. 

In providing the Connect-ME venue, we don’t participate in the actual sale of items or services or the transaction itself. We don’t own any Items listed on our site and don’t offer them for sale,  We also don’t take part in the actual provision of items or services. 

1. APPLICATION OF MERCHANT TERMS 

1.1. These Seller Terms and our Privacy Policy https://connect-me.com.au/privacy-policy applies to your use of the Connect-ME Store Services (as that term is defined below). By setting up an account to sell Products or Services through Connect-ME, clicking I agree to these Seller Terms or accessing or using the Connect-ME Services: 

a. you agree to these Seller Terms; and 

b. where your access and use is on behalf of another person (e.g. a company), you confirm that you are authorized to, and do in fact, agree to these Seller Terms on that person’s/companies behalf and that, by agreeing to these Seller Terms on that person’s behalf, that person is bound by these Seller Terms. 

1.2. If you do not agree to these Seller Terms, you are not authorized to use Connect-ME Services, and you must immediately stop doing so. 

2. CHANGES 

2.1. We may change these Seller Terms at any time by updating them on Connect-ME. Unless stated otherwise, any change takes effect immediately. You are responsible for ensuring you are familiar with the latest Seller Terms. By continuing to access and use the Connect-ME Services, you agree to be bound by the changed Seller Terms. We recommend you regularly review these Seller Terms to see any updates or changes. 

2.2. We may change, suspend, discontinue, or restrict access to, Connect-ME and/or the Connect-ME Services without notice or liability. 

2.3. Seller Terms last updated: These Seller Terms were last updated on 03/5/2024 

3. DEFINITIONS AND INTERPRETATION 

3.1. Definitions: In these Seller Terms: 

a. “Connect-ME” means the internet site at https://connect-me.com.au/, any social media or another platform that we have set up a Connect-ME page or group in relation to the sale and purchase of Products and Services, or such other site notified to you by us; 

b. “Connect-ME Store Services” means the listing and facilitating sales of Products and Services on and through Connect-ME and associated promotional services. 

c. “Commission” means the commission payable by you to us each time you sell a Product and/or Service through Connect-ME, as set out below and as may be updated from time to time in accordance with clause 7.6; 

d. “Content” means content, data, pictures, graphics, information (including Personal Information) and any other materials published or uploaded by you when you create a Store Listing, including Public Content; 

e. “GST” means goods and services tax as set out in the Goods and Services Tax Act 1999; 

f. “Intellectual Property Rights” includes copyright and all rights anywhere in the world conferred under statute, common law or equity relating to inventions (including patents), registered and unregistered trademarks and designs, circuit layouts, data and databases, confidential information, know-how, and all other rights resulting from intellectual activity. “Intellectual Property” has a consistent meaning, and includes any enhancement, modification or derivative work of the Intellectual Property; 

g. “Loss” includes loss of profits, savings, revenue or data, and any other claim, damage, loss, liability and cost, including legal costs on a solicitor and own client basis; server or system downtime loss include

h. “Listing Fee” means the fee set out when you joined Connect-ME, as may be updated from time to time in accordance with clause 7.6; 

i. “Objectionable” includes being objectionable, defamatory, obscene, inappropriate, harassing, threatening, unlawful, or otherwise considered by us as being unacceptable in any way; 

j. “Personal Information” means information about an identifiable, living person; 

k. “Products and Services” means goods, services, events, activities, property and accommodation; 

l. “Public Content” means Content (including photos, video and audio) and information that is publicly available about you, including via Store Listings, your website and your social media feeds such as Facebook, Instagram and Twitter; 

m. “Seller Terms” means these terms and conditions titled Merchant Terms and of Use (Seller) Terms; 

n. “Store Listing” means a listing made by you on the Connect-ME Store Services; 

o. “Underlying Systems” means the IT solutions, systems and networks (including software and hardware) used to provide the Connect-ME Services, including any third-party solutions, systems and networks; 

p. “User ID” means a unique name and/or password allocated to you to allow you to access the Connect-ME Store Services; 

q. “We”, “Us” or “Our” means connect-me.com.au Limited, company number ???; 

r. “You” means you or, if clause 1.1(b) applies, both you and the other person on whose behalf you are acting. 

3.2 In these Seller Terms: 

a. clause and other headings are for ease of reference only and do not affect the interpretation of these Seller Terms; 

b. words in the singular include the plural and vice versa; and 

c. a reference to: a person includes an individual, a body corporate, an association of persons (whether corporate or not), a trust, a government department, or any other entity; 

ii. including and similar words do not imply any limit; and 

iii. a statute includes references to regulations, orders or notices made under or in connection with the statute or regulations and all amendments, replacements or other changes to any of them. 

s. The terms ‘Merchant’, ‘Marketplace’, ‘Store’, and ‘Shop’, are all simply meaning an e-commerce platform 

4. ABOUT Connect-ME AND THE Connect-ME MARKETPLACE SERVICES 

4.1. Connect-ME allows users to discover Products and Services and support Australia  businesses via connecting users with businesses and also providing the facility for you to transact with users. 

4.2. The Connect-ME Marketplace enables/facilitates sellers to sell Products and Services directly from Connect-ME. 

4.3. We act as an intermediary for users to transact and are not an agent (except to the extent to facilitate payment of Products or Services via way of Stripe) or party to any agreement to buy, sell or provide Products or Services advertised on Connect-ME or sold using the Connect-ME Services. When a user purchases Products and/or Services using the Connect-ME Services, they are entering into an agreement directly with you. 

4.4. Any interaction between you and another user, including any sale of Products or Services through the Connect-ME Services, is a matter directly between you and that user. Other than our obligations set out in these Seller Terms, we are not liable to you for any failure by any user to comply with the Connect-ME Terms or any other legal obligation. 

4.5. We will use reasonable efforts to provide the Connect-ME Store Services in accordance with these Seller Terms and Australia  law. 

4.6. Our provision of the Connect-ME Services to you is non-exclusive. Nothing in these Seller Terms prevents us from providing the Connect-ME Services to any other person. 

4.7. We provide Connect-ME and the Connect-ME Store Services on an as is basis, and you use it at your own risk. 

4.8. Subject to clause 4.9, we will use reasonable efforts to ensure the Connect-ME Services are available on a 24/7 basis. However, it is possible that on occasion the Connect-ME Services may be unavailable to permit maintenance or other development activity to take place, or due to an event that is beyond our reasonable control. 

4.9. Through the use of web services and APIs, the Connect-ME Services may interoperate with a range of third party service features. We do not make any warranty or representation on the availability or performance of those features. Without limiting the previous sentence, if a third party feature provider ceases to provide that feature or ceases to make that feature available on reasonable terms, we may, at our discretion, either replace or cease to make available that feature to you. To avoid doubt, if we exercise our right to cease the availability of a third party feature, you are not, except to the extent required by law, entitled to any refund, discount or other compensation. 

4.10. To use the Connect-ME Services, you must complete the online registration form to set up an account to sell Products and/or Services on madisON and agree to these and all Connect-ME terms and conditions. We reserve the right to verify and/or reject any person wanting to become a seller on Connect-ME. 

4.11. Please note that we do not accept businesses or sellers selling Products and/or Services from certain industries on Connect-ME, including those relating to weapons, recreational drugs, pharmaceuticals and other medicines, tobacco, etc. 

4.12. Where, on registration or subsequently, you indicate that you wish to receive email communications from us, we may continue to communicate with you using email until you indicate otherwise. These communications may include information about your or another seller’s Products or Services, features of the Connect-ME website or Connect-ME Store Services, notices about applicable fees and charges, transactional information and other information concerning or related to Connect-ME. You may opt-out of receiving email communications at any time by using the unsubscribe link in any email or contacting Connect-ME at support@connect-me.com.au 

4.13. If you are accessing Connect-ME on a social media or other platform (Third Party Platform) that we have set up a page or group for the sale and purchase of Products and Services, you agree to abide by the terms of that Third Party Platform in addition to these Seller Terms. 

4.14. We reserve the right to update and amend any information on Connect-ME at any time. 

5. YOUR OBLIGATIONS 

5.1. We have expectations and requirements of sellers who use Connect-ME and we expect sellers to abide by these Seller Terms. You and your personnel must: 

a. use the Connect-ME Services in accordance with these Seller Terms and solely for your own internal business purposes; 

b. comply with all applicable law, including all of your obligations under the Unsolicited Electronic Messages Act 2007, the Fair Trading Act 1986, the Consumer Guarantees Act 1993, Privacy Act 2020 and any other relevant Australia  law; 

c. not resell or make available the Connect-ME Services to any third party, or otherwise commercially exploit the Connect-ME Store Services; 

d. use the Connect-ME Services in compliance with the Store Listing obligations under clause 6; 

e. provide true, current and complete information in your dealings with us (including when setting up an account and creating a Store Listing), and must promptly update that information as required so that the information remains true, current and complete. You also confirm that the information provided through the registration process or subsequent to registration, is not misleading or deceptive, or is likely to mislead or deceive; 

f. keep your User ID secure and: 

i. not permit any other person to use your User ID, including not disclosing or providing it to any other person; and 

ii. immediately notify us if you become aware of any unauthorized use or disclosure of your User ID or any other breach of security, by sending an email to support@connect-me.com.au; 

You are entirely responsible for all activities that occur through the use of your User ID. Following any unauthorized use, you will cease using that password and create a new unrelated password. You will indemnify us, our directors, officers and employees against all costs, expenses and damages incurred in connection with any claim arising from or any reasonable reliance by us on any use of your password. 

g. when accessing and using Connect-ME and the Connect-ME Store Services, you and your personnel must: 

i. not impersonate another person or misrepresent authorisation to act on behalf of others or us; 

ii. not transmit any unsolicited advertising, promotional materials or any other forms of solicitation to other Connect-ME users; 

iii. not attempt to undermine the security or integrity of the Underlying Systems; 

iv. not use, or misuse, Connect-ME or the Connect-ME Services in any way which may impair the functionality of the Underlying Systems or impair the ability of any other user to use Connect-ME or the Connect-ME Services; 

v. not attempt to view, access, copy, resell, redistribute or store any material or data, including the Site Materials (as defined in clause 9.1), other than: 

A. that which you are authorized to access; and 

B. to the extent necessary for you to use the Connect-ME Services in accordance with these Seller Terms; 

vi. neither use Connect-ME or the Connect-ME Services, nor transmit, input or store any Content, that: 

A. breaches any applicable law or regulation; 

B. breaches any third party right (including Intellectual Property Rights, privacy rights and publicity rights); or 

C. is Objectionable, incorrect or misleading; 

D. not use or introduce (or allow anything to be used or introduced into Connect-ME, the Underlying Systems or environment any virus, Trojan horse or worm, or other device designed to damage, disable or impair the full use of Connect-ME or any network or Underlying System, software, data or material that underlies or is connected to Connect-ME; and 

E. unless with our agreement, only access ndis WAN and the Connect-ME Store Services via standard web browsers and apps and not by any other method. Do not use methods that include scraping, deep-linking, harvesting, data mining, use of a robot or spider, automation, or any similar data gathering, extraction, monitoring or input method. 

5.2. You are responsible for procuring all licenses, authorisations and consents required for you and your personnel to use the Connect-ME Services, including to: 

a. use, store and input Content into, and display Content using, Connect-ME and the Connect-ME Store Services; and 

b. sell Products and Services on Connect-ME. 

5.3. A breach of any of these Seller Terms by your personnel is deemed to be a breach of these Seller Terms by you. 

5.4. You indemnify us, our directors, officers and employees against all Loss we suffer or incur as a direct or indirect result of: 

a. any actual or alleged claim by a third party, including any claim that any Content infringes the rights of that third party (including Intellectual Property Rights and privacy rights) or that the Content is Objectionable, incorrect or misleading; 

b. your failure to comply with these Seller Terms, including any failure of a person who accesses and uses Connect-ME or the Connect-ME Services by using your User ID; or 

c. any Loss arising from or in connection with an actual or alleged breach by you of any legal or regulatory requirements which occurs as a consequence of your Store Listing or as a result of a relationship established through Connect-ME or the Connect-ME Services. 

6. STORE LISTING OBLIGATIONS 

6.1. You must ensure that all Store Listings are posted to the appropriate category. You must familiarize yourself with the requirements of each category to ensure appropriate placement of Store Listings. 

6.2. When creating a Store Listing, you must: 

a. provide accurate, current and complete information about the Products and/or Services offered, payment terms, delivery methods and who bears the cost of delivery; 

b. only place listings for Products and/or Services that exist, are able to be sold, and that you are legally entitled to sell or perform; 

c. disclose the price payable for the Products and/or Services offered in Australia  dollars and inclusive of GST (where GST is applicable); 

d. provide any additional terms and conditions that apply to the Products and/or Services offered. These additional terms and conditions must not contain ‘unfair contract terms’ under the Fair Trading Act 1986. For more guidance on what constitutes an ‘unfair contract term’, please see: https://comcom.govt.nz/business/your-obligations-as-a-business/unfair-contract-terms; 

e. ensure all Products and Services listed for sale are not: 

i. Prohibited Products and Services or otherwise Objectionable; 

ii. illegal, stolen, illegally imported or do not require illegal import or export in order to complete the transaction; 

iii. unsafe; 

iv. infringing another person’s Intellectual Property Rights; and/or 

v. prohibited by, or in violation of any law, regulation or standard; and 

f. without limiting clause 6.2(e), ensure the Products and Services comply with any applicable safety or other standards. If you have any doubts about the safety of a Product or Service, do not sell it. You must be satisfied that any Product or Service you sell complies with any applicable product safety standard. 

6.3. All descriptions and information in a Store Listing must be accurate, complete, up-to-date and truthful to the best of your knowledge and belief. 

6.4. If Products and/or Services become unavailable for any reason, you agree to remove or suspend the Store Listing as soon as practicable. 

6.5. If you decide to hold a discount sale on your Products and/or Services, that sale must not be for an indefinite or prolonged period of time. Holding a sale for indefinite or prolonged periods may constitute a breach of the Australian Consumer Law and Fair Trading Act 2012 of the. We reserve all rights to remove any Store Listings and/or suspend your account where we suspect that a discount sale is being held for an indefinite or prolonged period of time. 

6.6. You grant us the right to access your website and social media feeds, copy Public Content and republish Public Content to promote your Store Listings, Products and Services. 

6.7. Once a Connect-ME user has purchased your Products and/or Services from a Store Listing, you must supply the Products or Services to which the Store Listing relates to that Connect-ME user, in accordance with: 

a. These Seller Terms. 

b. any additional terms that apply to the applicable Store Listing; and 

c. any legal or regulatory requirements relating to that Store Listing and the supply of the Products or Services to which the Store Listing relates. 

6.8. You acknowledge and agree that you are responsible for all Store Listings that you post. Accordingly, you represent and warrant that any Store Listing you post will: 

a. comply with any agreements you have entered into with any third parties; 

b. comply with all applicable laws and regulations (including the Fair Trading Act 1986 and the Consumer Guarantees Act 1993); and 

c. not conflict with, or breach the rights of third parties (including Intellectual Property Rights or privacy rights). 

7. COMMISSION AND PAYMENT 

7.1. When you set up your account, you will be required to submit your bank account details to Stripe, our third party payment processor. By using Stripe’s payment processing services, you agree to comply with Stripe’s terms and conditions, which includes the payment of a transaction fee for each Product and/or Service sold through the Connect-ME Services. For more information about Stripe’s transaction fee, please see their terms and conditions. 

7.2. When a Connect-ME user purchases your Products and/or Services through the Connect-ME Store Services, Stripe will pay you the amount for the Products and/or Services sold, minus their commission (which includes all costs, including the Stripe payment gateway transaction fee). 

7.3. You will be charged the Subscription Fee for each month of your subscription to Connect-ME. You must pay us the Subscription Fee in accordance with the terms of clause 7. Unless otherwise agreed, the Subscription Fee will be charged to your valid debit/credit card in advance of each monthly billing period. All payments will be processed through Stripe. 

7.4. Unless you cancel your right to use Connect-ME before the end of the monthly billing period in accordance with clause 12.2, at the end of each monthly period, we will automatically roll over your subscription for a further month. 

7.5. If we are unable to collect the Membership Fee from your debit/credit card for any reason, including where your card has expired or there are insufficient funds, you remain responsible for any uncollected amounts, and we may suspend or cancel your access to Connect-ME without giving you notice. 

7.6. We may increase the Commission and/or subscription fee, or introduce other fees, at any time by giving at least 30 days’ notice. 

7.7. We will notify you of any increase and the effective date of the increase by posting a notice on madisON and/or emailing you at the email contact address that you have most recently supplied to us. If you do not wish to pay the increased Commission or Membership Fee, you may remove your Store Listings and/or your account. If you do not remove your Store Listings before the effective date of the increase, you are deemed to have accepted the increased Commission and Membership Fee. 

8. CONTENT 

8.1. Title to, and all Intellectual Property Rights in, the Content (as between the parties) remains your property. You grant us a worldwide, non-exclusive, fully paid up, transferable, irrevocable license to use, store, copy, modify, make available and communicate the Content for any purpose in connection with the exercise of our rights and performance of our obligations in accordance with these Seller Terms. 

8.2. If you use Content from third parties in your Store Listings, you must ensure that you have obtained all necessary licenses and consents: 

a. to use, publicly display and profit from that Content; and 

b. for us to access, collect, hold, process, copy and distribute the Content as described in these Seller Terms. 

8.3. Without limiting clauses 8.1 or 8.2, you acknowledge that we may use Content for our internal research, analytical and product development purposes, to conduct statistical analysis and identify trends and insights (on an anonymised and aggregated basis) and for our internal reporting requirements (and these rights will survive termination and expiration of these Seller Terms). 

8.4. While we will use reasonable endeavors to back up all Store Listings, you must keep separate and regular back-up copies of all Content uploaded by you for Store Listings. 

9. OUR INTELLECTUAL PROPERTY 

9.1. Other than your Content, we (and our licensors) own all proprietary and Intellectual Property Rights in Connect-ME, the Connect-ME Services and the Underlying Systems, including all information, data, text, graphics, artwork, photographs, trade marks, logos, icons, sound recordings, videos and look and feel, and including any modification, enhancement or derivative work of any of the foregoing (the “Site Materials”). 

9.2. The Site Materials may not be copied, republished, rewritten, resold, redistributed, communicated transmitted or stored, whether in hard copy, electronic or any other form. 

9.3. If you access and/or use the Site Materials in breach of these Seller Terms, your right to use Connect-ME will cease immediately and you must, at our request, delete or destroy any copies of the Site Materials you have made. 

9.4. We reserve the right to prohibit links to Connect-ME and you must remove or cease any link to Connect-ME at our written request. 

9.5. If you provide us with ideas, comments or suggestions relating to Connect-ME, the Connect-ME Services or the Underlying Systems (together “Feedback”): 

a. all Intellectual Property Rights in that Feedback, and anything created as a result of that Feedback (including new material, enhancements, modifications or derivative works), are owned solely by us; and 

b. we may use or disclose the feedback for any purpose. 

10.  PRIVACY 

10.1. When you provide Personal Information to us, we will comply with the The Privacy Act 1988 (Privacy Act) 

11.  DISCLAIMERS AND LIMITATION OF LIABILITY 

11.1. To the maximum extent permitted by law, we and our licensors have no liability or responsibility to you or any other person for any Loss in connection with: 

a. any loss of profit, revenue, savings, business, use, data (including Content), and/or goodwill; 

b. any Store Listing; 

c. any relationship established through Connect-ME or the Connect-ME Services; 

d. your access and use of Connect-ME or the Connect-ME Services, including if Connect-ME or the Connect-ME Services are unavailable (in whole or in part) or performing slowly; 

e. any error in, or omission from, any information made available through Connect-ME or the Connect-ME Services; 

f. any exposure to viruses or other forms of interference which may damage your computer system or expose you to fraud when you access or use Connect-ME or the Connect-ME Services. To avoid doubt, you are responsible for ensuring the process by which you access and use Connect-ME and the Connect-ME Store Services protects you from this; and 

g. any site linked from Connect-ME. You access linked sites at your own risk. We will not be responsible for the availability, content, security, policies or practices of any linked sites and we will not be responsible for any dealing you have with any party on a linked site. Any link on Connect-ME to other sites does not imply any sponsorship, endorsement, approval or recommendation of, or responsibility for, those sites or their contents, operations, products or operators. 

11.2. To the maximum extent permitted by law and only to the extent this clause does not apply, our total liability to you under these Seller Terms or in connection with Connect-ME or the Connect-ME Services will not exceed the Commission we have received from sales by you through Connect-ME in the month prior to the first event giving rise to liability. We will not be liable to you under or in connection with these Seller Terms, Connect-ME or the Connect-ME Stop Services for any loss of profit, revenue, savings, business, use, data (including Content), and/or goodwill, consequential, indirect, incidental or special damage or loss of any kind. 

11.3. Clauses 11.1 to 11.2 do not apply to limit: 

a. our liability under or in connection with these Seller Terms: 

i. for personal injury or death; or 

ii. for fraud or willful misconduct; or 

b. any liability that cannot be excluded by law. 

11.4. We may, from time to time, feature Products and/or Services on our Facebook segments and other social media platforms. We have the sole discretion to determine what Products and/or Services are featured on those segments and platforms. 

11.5. You agree and represent that you are accessing and using Connect-ME and the Connect-ME Store Services for the purposes of a business and that the Australia  Consumer Guarantees Act 1993 does not apply to the supply of Connect-ME or the Connect-ME Services or these Seller Terms. 

11.6. You access and use Connect-ME and the Connect-ME Store Services at your own risk. All Store Listings and all sales of Products and/or Services through the Connect-ME Store Services are also carried out entirely at your own risk. We exclude to the fullest extent permitted by applicable law all liability for any Loss arising out of or in any way connected with any other arrangements that you may have made in connection with Connect-ME or your use of Connect-ME or the Connect-ME Services. 

12. SUSPENSION AND TERMINATION 

12.1. Unless terminated under this clause 12, these Seller Terms and your right to access and use the Connect-ME Services continues until a party gives 30 days’ notice of its intention to terminate the agreement set out in these Seller Terms. On expiry of that notice, these Seller Terms and your access to and use of the Connect-ME Services will terminate. 

12.2. You can cease using the Connect-ME Services at any time by removing your account for the Connect-ME Shop Services. If you do this, these Seller Terms and your right to use the Connect-ME Services will terminate immediately. 

12.3. Termination of these Seller Terms does not affect either party’s rights and obligations that accrued before that termination. If you cease using the Connect-ME Services or if it is terminated by us, you must complete any outstanding transactions with other users and pay any outstanding Commission and Membership Fees to us. 

12.4. No compensation is payable by us to you as a result of termination of these Sellers Terms for whatever reason, and you will not be entitled to a refund of any Commission that you have already paid. 

12.5. Without limiting any other right or remedy available to us, we may restrict or suspend your use of the Connect-ME Services and/or delete, edit or remove your Content if we consider that you or any of your personnel have: 

a. undermined, or attempted to undermine, the security or integrity of Connect-ME or the Connect-ME Store Services or any Underlying Systems; 

b. used, or attempted to use, Connect-ME or the Connect-ME Services for improper purposes  

c. breached applicable laws or regulations, including the Unsolicited Electronic Messaging Act 2007, the Fair Trading Act 1986, Privacy Act 2020 or the Consumer Guarantees Act 1993; 

d. supplied Content that breaches or may breach these Seller Terms or any third party right (including Intellectual Property Rights and privacy rights), or is or may be Objectionable, incorrect or misleading; or 

e. otherwise materially breached these Seller Terms. 

12.6. On suspension or termination, you must immediately cease using the Connect-ME Services and must not attempt to gain further access. 

12.7. Clauses which, by their nature, are intended to survive termination of your right to access and use the Connect-ME Services, including clauses 5.4, 8, 9, 10, 11, 12.3, 12.4, 12.6and 13.3, continue in force. 

13. GENERAL 

13.1. If we need to contact you, we may do so by email or phone or by any contact information we have for you. You agree that this satisfies all legal requirements in relation to written and or verbal communications. 

13.2. If you have any questions or concerns in relation to Connect-ME or these Seller Terms, please contact us. 

13.3. These Seller Terms, and any dispute relating to these Seller Terms or the Connect-ME Services, are governed by and must be interpreted in accordance with the laws of Australia . Each party submits to the non-exclusive jurisdiction of the Courts of Australia  in relation to any dispute connected with these Seller Terms or the Connect-ME Store Services. 

13.4. We are not liable to you for any failure to perform our obligations under these Seller Terms to the extent caused by an event that is beyond our reasonable control. 

13.5. You acknowledge that you are an independent contractor in business on your own account and that our relationship is not a partnership, agency or joint adventure arrangement. You are responsible for the payment of your own income tax, GST, levies under the Accident Compensation Act 2001 and all other relevant taxes and levies. 

13.6. You may not assign, novate, subcontract or transfer any right or obligation under these Seller Terms without our prior written consent, that consent not to be unreasonably withheld. You remain liable for your obligations under these Seller Terms despite any approved assignment, subcontracting or transfer. 

13.7. No person other than us and you has any right to a benefit under, or to enforce, these Seller Terms. 

13.8. For us to waive a right under these Seller Terms, that waiver must be in writing and signed by us. 

13.9. If any part or provision of these Seller Terms is or becomes illegal, unenforceable, or invalid, that part or provision is deemed to be modified to the extent required to remedy the illegality, unenforceability or invalidity. If a modification is not possible, the part or provision must be treated for all purposes as severed from these Seller Terms. The remainder of these Seller Terms will be binding on you. 

13.10. These Seller Terms set out everything relating to your use of the Connect-ME Services and supersede and cancel anything discussed, exchanged or agreed prior to you agreeing to these Seller Terms. The parties have not relied on any representation, warranty or agreement relating to the Connect-ME Services that is not expressly set out in the Seller Terms, and no such representation, warranty or agreement has any effect from the date you agreed to these Seller Terms. 

Version 1.1: Last updated  May 2024