Oziway - The Australian Way

Terms and Conditions

Introduction

The following terms and conditions apply to your use of our website Oziway.net and services. By entering, accessing or using our website in any way you agree to be bound by these terms and conditions (“Oziway.net Terms and Conditions”).

1. Definitions

“You”, “your” and “yours” are references to you the person accessing this website. “We”, “us” and “our” are references to Oziway, Level 21, 345 Queen Street, Brisbane, Queensland 4000, Australia, trading as Oziway. Email address: info@oziway.com

2. Our Websites

2.1. The information, content and material available on these websites will vary from time to time without notice to you. This is because the Websites are a marketplace where Sellers continuously post products and Services for Sale.

2.2. The information available on the websites will also vary from time to time without notice, because we make the changes to ensure that the website is as up to date as possible.

2.3. The websites comprise of:

  • i) oziway.com - the main landing page of the shop consumers
  • ii) national shop websites, like oziway.com.au - the shop interface for Australian Customers, oziway.cn for Chinese customers and so on (different countries have different domains)
  • iii) oziway.net - the site for Sellers and Promotors. This is the site where you can post a product and this is the site where you can choose which categories of Products to Promote as a Promotor

2.4. More on how these websites work, is available on https://oziway.net/how

2.5. We aim to have the websites available at all times, however, we cannot guarantee this or that it will be error free and we cannot accept liability for any issues that this may cause.

2.6. You must not interfere with the working of our websites nor must you circumvent security on the site, tamper with, or hack into, or otherwise attempt to disrupt our computer system, server, website, router or any other internet connected device or service. You must not use the website to gain unauthorised access to any other computer system or website.

2.7. Our website is intended for your personal or commercial use only (which must be reasonable and not offensive, abusive or in breach of any law or order). You are not permitted to access, use or copy any material or information on this website for any unlawful purpose.

3. Information About You

3.1 Where we have requested information from you, you agree to provide us with accurate and complete information.

3.2. You authorize us to use, store or otherwise process your personal information in order to allow us, or third parties, to provide services to you and for marketing and credit control purposes (the “Purpose”). The Purpose may include the disclosure of your personal information to selected third parties from time to time where we believe that the goods or services offered by such third parties may be of interest to you or where this is required by law or in order to provide the goods or service to you.

3.3. You are entitled to view and modify the personal information we hold on you. This is available in the Business Dashboard.

4. For Promotors - Promoting Products

4.1. After registering your account, you should setup your profile to ensure that your Oziway internet store is up to date.

4.2. All information you provide at your own will, please read the privacy policy - https://oziway.net/privacy.

4.3. All Promotional work done by you is done at your own cost. No cost can be reimbursed by Oziway.

4.4. You are not obligated to do any work on behalf of Oziway. However, if you do decide to promote the Products and Services in Oziway, you will do so in an ethical way, without damaging the reputation of Oziway or its Partners/Sellers.

5. For Promotors - Commisions

5.1. The only commissions that you are entitled to, are success fees of your direct sales or the sales of promotors invited directly by you to Oziway, payable after Oziway receives the Commission from the Sellers.

5.2. Once a customer registers from your promotional link, they are placed in your organization structure and all subsequent orders are added to your turnover for commission calculation.

5.3. Once a Promotor registers from your registration link, they are placed in your organization structure and their direct Promotion resulting in their commission, results in a small commission for you also.

5.4. Every Commission is allocated to:

  • i) The commission for the 1st level Promotor (the promotor that made the sale)
  • ii) The commission for the 2nd level Promotor (the promotor that invited the 1st level Promotor to Oziway)
  • iii) The commission for Oziway
  • iv) transaction administration fees (like payment by credit card fees by Seller etc.)

5.5. You are obligated to report all earnings from Oziway, to your tax authorities in your country, in order to pay appropriate taxes and Social Benefits.

5.6. We will not report this to your any tax authorities, with the exception of British Virgin Islands (in case of a tax audit).

5.7. If Your tax authority requires You to issue an invoice or a receipt for the commission that You receive from Oziway, please issue this document and send a copy to Oziway. Company details to place on the document, and contact details to send a copy of the document to, can be found on the Contact page.

5.8. The minimal threshold to payout a commission is $100 USD. All payouts are charged 5% of the payout amount. The payouts are made in the USD currency to your payment processor account. If your account is other than USD, currency conversion will take place at the rate used by the payment processor.

5.9. Currently we use 2 payment processors:

  • i) PayPal
  • ii) WeChat (for China)

5.10. The commissions are paid in monthly intervals at the end of the calendar month.

5.11. All commission payouts need to be requested at least 7 days before the end of the calendar month.

6. For Sellers - Posting Products to Oziway

6.1 You are allowed to post your products and services, provided that they are not illegal in the British Virgin Islands or within the country in which you reside.

6.2 You will not post, list or upload content or items in inappropriate categories or areas on our sites

6.3 You will not breach or circumvent any laws, third-party rights or our systems or policies

6.4 You will not use our Services if you are not able to form legally binding contracts, or are temporarily or indefinitely suspended from using our sites, services, applications or tools

6.5 You will not fail to deliver Products or Services offered by you, unless you have a valid reason, for example, the Buyer fails to comply with the posted terms in your listing or you cannot contact the buyer

6.6 You will not post false, inaccurate, misleading, deceptive, defamatory, or libelous content

6.7 You will not take any action that may undermine the feedback or ratings systems

6.8 You will not distribute or post spam, unsolicited or bulk electronic communications, chain letters, or pyramid schemes

6.9 You will not distribute viruses or any other technologies that may harm eBay or the interests or property of users

6.10 You will not interfere with the working of our Services

6.11 You will not offer content that does not belong to You

6.12 You will not infringe the copyright, trademark, patent, publicity, moral, database, and/or other intellectual property rights that belong to or are licensed to Oziway or any other Party, without prior consent of that Party

6.13 You are responsible for the accuracy and content of the listing and item offered

6.14 If Your tax institutions or the Customer require You to issue a receipt for the offered product (for tax purposes), You will issue such a receipt. If You are not able to issue a receipt, You will inform the Customer before they declare to Buy Your product or service

6.15 We have the right to deactivate or delete any products and suspend user accounts without prior notice, in case of breach of any of the above

7. For Sellers - Commissions

7.1. No costs are charged to you at the time of posting, however when you post, you declare a commission in %, which you will pay to Oziway, upon a finalized transaction. By finalized we mean the Product or Service delivered and the payment by the Customer is made.

7.2. At the time of posting, you also declare how many days you need from the time of Customers order, to collect the payment and deliver the Product or Service. Minimum time is 0 days, maximum time is 14 days for Physical Goods, except for Financiual Services (45 days). This is the time that you have to confirm or reject that the transaction has been finalized and commission is due to be paid.

7.3. After the declared number of days following an ordered good or service, you must accept or reject a transactoin. If you do not set the transaction to accepted or rejected, it will get accepted automatically.

7.4. After the transaction is accepted, you have 7 days in which to make the payment of the commission. We will use this payment to pay the Promotors. After making the payment, you will receive a business receipt for the Payment (which You can use for accounting and tax purposes).

7.5. If you do not pay the commission within the 7 day term, your products will get deleted from Oziway.

7.6. You shall not falsely report the status of transactions. We reserve the right to block your account and disable your products on the Oziway marketplace, if we suspect that you have falsely reported the status of a transaction.

7.7. By not paying, you are not exempt from your payment obligation to Oziway. We reserve the right to contact you (directly or through our partners in your country, or through other companies specialized in debt collection) to receive payment for our services.

8. Intellectual Property Rights

Ownership in, and all rights created in relation to the contents of this website and any trademarks or marks used on the site vest in us absolutely or under license. You must not modify, copy, reproduce, upload, post, transmit or distribute by any means or in any manner whatsoever, any material or information or download from our website except where expressly invited to do so or indicated on our website.

9. Linked Sites

There are a number of links on our website to third party websites which we believe may be of interest to you. We do not represent the quality of the goods or services provided by such third parties nor do we have any control over the content or availability of such sites. We cannot accept any responsibility for the content of third party websites or the services or goods that they may provide to you.

10. Limitation of Liability

10.1. Great care has been taken to ensure that the information available on this website is correct and error free. We apologize for any errors or omissions that may have occurred. We cannot warrant that use of the website will be error free or fit for purpose, timely, that defects will be corrected, or that the site or the server that makes it available are free of viruses or bugs or represents the full functionality, accuracy, reliability of the website and we do not make any warranty whatsoever, whether express or implied, relating to fitness for purpose, or accuracy. This does not affect your statutory rights as a consumer.

10.2. We do not accept any liability for any delays, failures, errors or omissions or loss of transmitted information, viruses or other contamination or destructive properties transmitted to you or your computer system via our website.

10.3. We have taken all reasonable steps to prevent internet fraud and ensure any data collected from you is stored as securely and safely as possible. However, we cannot be held liable in the extremely unlikely event of a breach in our secure computer servers or those of third parties.

11. Administration

Each user of this website acknowledges and agrees that the services offered by Oziway and covered by this service may, under separate agreements between Oziway and third parties, be provided by subcontractors. In particular but not limited to, the services of administering this service and billing and payment services.

Every person accessing this website hereby agrees to the execution of above mentioned services by subcontractors, and acknowledges the fact that subcontractors will have access to user data and transactions carried out by them.

Oziway undertakes to ensure that subcontractors comply with all terms and conditions of this agreement and will provide the highest level of services.

12. General

12.1. We may alter or vary these Terms and Conditions at any time.

11.2. These Terms and Conditions and our agreement shall be governed by and construed in accordance with the laws of Australia. The parties hereto submit to the exclusive jurisdiction of the courts of Australia.

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