SECTION 1: About the Website
Welcome to https://www.implasticfree.com/ (the ‘Website‘). The Website facilitates interactions between (‘Services’):
- People looking for independent sellers of ethical and sustainable products (the ‘Buyer‘); and
- Independent sellers selling ethical and sustainable products (the ‘Vendor‘),
making it easier for the Buyer and the Vendor to locate, communicate about, arrange payment for and deliver products in a fast and secure manner (the ‘Products‘).
The Website is operated by VIVI.O PTY LTD (ACN 624 152 227) trading as I’M PLASTIC FREE, hereafter referred to as I’M PLASTIC FREE. Access to and use of the Website, or any of its associated products or Services, is provided by I’M PLASTIC FREE. Please read these terms and conditions (the ‘Terms‘) carefully.
Using, browsing and/or reading the Website signifies that you have read, understood and agree to be bound by the Terms. If you do not agree with the Terms, you must cease usage of the Website, or any of its products or Services, immediately.
By accepting the Terms, you agree that these Terms will apply whenever you use the Website and I’M PLASTIC FREE services.
SECTION 2: Services
- In order to access the Services, both the Buyer and the Vendor are required to register for an account through the Website (the ‘Account‘).
- As part of the registration process, or as part of your continued use of the Services, you may be required to provide personal information about yourself (such as identification or contact details), including:
- Email address
- Preferred username
- Mailing address
- Telephone number
- Credit Card details
- You warrant that any information you give to I’M PLASTIC FREE in the course of completing the registration process will always be accurate, correct and up to date.
- Once you have completed the registration process, you will be a registered member of the Website (‘Member‘).
- Vendors selling ethical and sustainable Products will have to follow outlined criteria and will have to be approved by I’M PLASTIC FREE prior to being registered on the Website and being permitted to start listing Products.
SECTION 3: Your obligations as a Member
- As a Member, you agree to comply with the following:
- you will not share your profile with any other person;
- you will use the Services only for purposes that are permitted by:
- the Terms;
- any applicable law, regulation or generally accepted practices or guidelines in the relevant jurisdictions; and
- the terms of the Vendor Agreement
- you have sole responsibility for protecting the confidentiality of your password and/or email address. Use of your password by any other person may result in the immediate cancellation of the Services;
- any use of your registration information by any other person, or third parties, is strictly prohibited. You agree to immediately notify I’M PLASTIC FREE of any unauthorised use of your password or email address or any breach of security of which you have become aware;
- you must not expressly or impliedly impersonate another Member or use the profile or password of another Member at any time;
- any content that you broadcast, publish, upload, transmit, post or distribute on the Website (‘Your Content’) will always be accurate, correct and up to date and you will maintain reasonable records of Your Content.
- you agree not to harass, impersonate, stalk or threaten another Member of the Website;
- you will not use the Services or Website for any illegal and/or unauthorised use which includes collecting email addresses of Members by electronic or other means for the purpose of sending unsolicited email or unauthorised framing of or linking to the Website;
- you agree that commercial advertisements, affiliate links and other forms of solicitation may be removed from Member profiles without notice and may result in termination of the Services. Appropriate legal action will be taken by I’M PLASTIC FREE for any illegal or unauthorised use of the Website; and
- your ratings and reviews on the Website must be true and accurate; they must describe, or be about your experience with our products; they must not refer to other brands, be defamatory or offensive. We reserve the right to delete any of your ratings and/or reviews if these do not comply with our Website Terms and Conditions of Use.
SECTION 4: Buyers Payments
- Where the option is given to you, you may make payment for a Product by way of:
- Stripe; and
- In using the Website, the Services or when making any payment in relation to your use of the Services, you warrant that you have read, understood and agreed to be bound by the Stripe, PayPal and AfterPay terms and conditions which are available on their website.
- Vendors, please review the Vendor Agreement for payment methods.
SECTION 5: Delivery, Refunds & Returns Policy
- The Buyer should refer to the Delivery, Refunds & Returns section of each Vendor’s storefront page. As a general term, the Vendor is responsible for arranging the delivery of any product sold and will need to provide the Buyer with information on delivery cost and time.
- The Buyer must be informed of delivery arrangements within 72 hours. If arranging delivery takes longer, the Buyer needs to be informed within the 72 hour time limit. Should it take longer than 72 hours to arrange delivery, the Buyer has the right to cancel the order and receive a full refund.
- I’M PLASTIC FREE does not accept any liability to the Buyer directly and will not personally refund them any payments made in the use of the Services. The Vendor is responsible to offer refunds, repairs and replacements in accordance with the Australian Consumer Law and on the Terms.
- Notwithstanding the above clauses, if a Buyer is unsatisfied with the Product(s) provided by the Vendor or believes that they may be entitled to a refund or exchange, then I’M PLASTIC FREE requires the Buyer to:
- contact I’M PLASTIC FREE through the “Refund Request“ tab of the concerned Order to inform us that you would like to return the Product and I’M PLASTIC FREE will follow up promptly.
- If the Vendor agrees to a refund it is acknowledged that the Vendor will instruct I’M PLASTIC FREE to refund all or part of the payments made to the Buyer directly, less any fees and charges incurred by I’M PLASTIC FREE in processing the refund.
- Both the Buyer and Vendor agree that they will comply with the Refund Policy contained in this Clause of these Terms.
- In line with the Vendor’s policy, if you have a minor problem with a product or service, the Vendor can choose to give you a free repair instead of a replacement or refund. When you have a major problem with a product, you have the right to ask for your choice of a replacement or refund.
- I’M PLASTIC FREE does not accept any liability for the transport of Products, all returns and refunds will be as per the Vendor’s policy. The Vendor is responsible to offer refunds, repairs and replacements in accordance with the Australian Consumer Law and on the Terms.
Section 6: Copyright and Intellectual Property
- The Website, the Services and all of the related products of I’M PLASTIC FREE are subject to copyright. The material on the Website is protected by copyright under the laws of Australia and through international treaties unless otherwise indicated.
- All trademarks, service marks and trade names are owned, registered and/or licensed by I’M PLASTIC FREE, which grants to you a worldwide, non-exclusive, royalty-free, revocable license whilst you are a Member to:
- use the Website pursuant to the Terms;
- copy and store the Website and the material contained in the Website in your device’s cache memory; and
- print pages from the Website for your own personal and non-commercial use.
- I’M PLASTIC FREE does not grant you any other rights whatsoever in relation to the Website or the Services. All other rights are expressly reserved by I’M PLASTIC FREE.
- I’M PLASTIC FREE retains all rights, title and interest in and to the Website and all related Services. Nothing you do on or in relation to the Website will transfer any:
- business name, trading name, domain name, trade mark, industrial design, patent, registered design or copyright;
- a right to use or exploit a business name, trading name, domain name, trade mark or industrial design; or
- a thing, system or process that is the subject of a patent, registered design or copyright (or an adaptation or modification of such a thing, system or process), to you.
- You may not, without the prior written permission of I’M PLASTIC FREE, broadcast, republish, up-load to a third party, transmit, post, distribute, show or play in public, adapt or change in any way the Services or third party services for any purpose, unless otherwise provided by these Terms.
- Where you broadcast, publish, upload, transmit, post or distribute Your Content on the Website, then you grant to I’M PLASTIC FREE a non-exclusive, transferrable, perpetual, royalty-free, irrevocable, worldwide licence to broadcast, republish, up-load to a third party, transmit, post, distribute, show or play in public, adapt or change Your Content.
SECTION 7: Privacy
SECTION 8: General Disclaimer
- Nothing in the Terms limits or excludes any guarantees, warranties, representations or conditions implied or imposed by law, including the Australian Consumer Law (or any liability under them) which by law may not be limited or excluded.
- Subject to this clause, and to the extent permitted by law:
- all terms, guarantees, warranties, representations or conditions which are not expressly stated in the Terms are excluded; and
- I’M PLASTIC FREE will not be liable for any special, indirect or consequential loss or damage (unless such loss or damage is reasonably foreseeable resulting from our failure to meet an applicable consumer guarantee), loss of profit or opportunity, or damage to goodwill arising out of or in connection with the Services or these Terms (including as a result of not being able to use the Services or the late supply of the Services), whether at common law, under contract, tort (including negligence), in equity, pursuant to statute or otherwise.
- Use of the Website and the Services is at your own risk. Everything on the Website and the Services is provided to you “as is” and “as available” without warranty or condition of any kind. None of the affiliates, directors, officers, employees, agents, contributors and licensors of I’M PLASTIC FREE make any express or implied representation or warranty about the Services or any products or Services (including the products or Services of I’M PLASTIC FREE) referred to on the Website.
- You acknowledge that I’M PLASTIC FREE’s Website and the Services are only intended to facilitate the interactions between the Vendor and the Buyer and does not offer any services other than the Services and I’M PLASTIC FREE shall not be liable to you as a result of any conduct of the Members or the misuse of Your Content by any party (including other Members).
SECTION 9: Limitation of Liability
- I’M PLASTIC FREE’s total liability arising out of or in connection with the Services or these Terms, howsoever arising, including under contract, tort (including negligence), in equity, under statute or otherwise, will not exceed the resupply of the Services to you.
- You expressly understand and agree that I’M PLASTIC FREE, its affiliates, employees, agents, contributors and licensors shall not be liable to you for any direct, indirect, incidental, special consequential or exemplary damages which may be incurred by you, howsoever caused and under any theory of liability. This shall include, but is not limited to, any loss of profit (whether incurred directly or indirectly), any loss of goodwill or business reputation and any other intangible loss.
- You acknowledge and agree that I’M PLASTIC FREE holds no liability for any direct, indirect, incidental, special consequential or exemplary damages which may be incurred by you as a result of providing Your Content to the Website.
SECTION 10. Termination of Agreement
- If you want to terminate the Agreement, you may do so by providing I’M PLASTIC FREE with 14 days’ notice of your intention to terminate by sending a notice in writing to I’M PLASTIC FREE via e-mail. You are responsible for covering any service fees and other expenses incurred until the end of the notice period.
- I’M PLASTIC FREE may, at any time, terminate the Agreement with you if:
- you have breached any provision of the Terms or intend to breach any provision;
- I’M PLASTIC FREE is required to do so by law;
- I’M PLASTIC FREE is transitioning to no longer providing the Services to Members in the country in which you are resident or from which you use the service; or
- The provision of the Services to you by I’M PLASTIC FREE is, in the opinion of I’M PLASTIC FREE, no longer commercially viable.
- Subject to the laws of the Northern Territory of Australia, I’M PLASTIC FREE reserves the right to discontinue or cancel your membership at any time and may suspend or deny, in its sole discretion, your access to all or any portion of the Website or the Services without notice if you breach any provision of the Terms or any applicable law or if your conduct impacts I’M PLASTIC FREE’s name or reputation or violates the rights of those of another party.
- I’M PLASTIC FREE reserves the right to define whether a product is deemed suitable for sale at the Website as well as to remove listings of products that are deemed unsuitable for sale at the Website.
- When the Agreement come to an end, all of the legal rights, obligations and liabilities that you and I’M PLASTIC FREE have benefited from, been subject to (or which have accrued over time whilst the Terms have been in force) or which are expressed to continue indefinitely, shall be unaffected by this cessation, and the provisions of this clause shall continue to apply to such rights, obligations and liabilities indefinitely.
SECTION 11: Indemnity
You agree to indemnify I’M PLASTIC FREE, its affiliates, employees, agents, contributors, third party content providers and licensors from and against:
- all actions, suits, claims, demands, liabilities, costs, expenses, loss and damage (including legal fees on a full indemnity basis) incurred, suffered or arising out of or in connection with Your Content;
- any direct or indirect consequences of you accessing, using or transacting on the Website or attempting to do so; and
- any breach of the Terms.
SECTION 12: Dispute Resolution
- If a dispute arises out of or in relation to the Terms, either party may not commence any tribunal or court proceedings in relation to the dispute unless the following clauses have been complied with (except where urgent interlocutory relief is sought).
- A party to the Terms claiming a dispute (‘Dispute’) has arisen under the Terms, must give written notice to the other party detailing the nature of the dispute, the desired outcome and the action required to settle the Dispute.
- On receipt of that notice (‘Notice’) by that other party, the parties to the Terms (‘Parties’) must engage in the following process:
- Within 14 days of the Notice endeavour in good faith to resolve the Dispute expeditiously by negotiation or such other means upon which they may mutually agree;
- If for any reason whatsoever, 14 days after the date of the Notice, the Dispute has not been resolved, the Parties must either agree upon selection of a mediator or request that an appropriate mediator be appointed by the President of the Australian Mediation Association or his or her nominee;
- The Parties are equally liable for the fees and reasonable expenses of a mediator and the cost of the venue of the mediation and without limiting the foregoing undertake to pay any amounts requested by the mediator as a pre-condition to the mediation commencing. The Parties must each pay their own costs associated with the mediation;
- The mediation will be held in Darwin, Northern Territory, Australia.
- All communications concerning negotiations made by the Parties arising out of and in connection with this dispute resolution clause are confidential and to the extent possible, must be treated as “without prejudice” negotiations for the purpose of applicable laws of evidence.
Termination of Mediation:
- If 3 months have elapsed after the start of a mediation of the Dispute and the Dispute has not been resolved, either Party may ask the mediator to terminate the mediation and the mediator must do so.
SECTION 13: Venue and Jurisdiction
The Services offered by I’M PLASTIC FREE are intended to be viewed by residents of Australia. In the event of any dispute arising out of or in relation to the Website, you agree that the exclusive venue for resolving any dispute shall be in the courts of the Northern Territory, Australia.
SECTION 14: Governing Law
The Terms are governed by the laws of the Northern Territory, Australia. Any dispute, controversy, proceeding or claim of whatever nature arising out of or in any way relating to the Terms and the rights created hereby shall be governed, interpreted and construed by, under and pursuant to the laws of the Northern Territory, Australia, without reference to conflict of law principles, notwithstanding mandatory rules. The validity of this governing law clause is not contested. The Terms shall be binding to the benefit of the parties hereto and their successors and assigns.
SECTION 15: Severance
If any part of these Terms is found to be void or unenforceable by a court of competent jurisdiction, that part shall be severed and the rest of the Terms shall remain in force.