Terms & Conditions

Terms and conditions (Terms) for Our Website as provided by PlaterAU Pty Ltd ABN 76 663 373 993

THESE TERMS GOVERN ALL ACCESS TO, AND USE OF, OUR WEBSITE AND FORM A LEGALLY BINDING AGREEMENT BETWEEN YOU AND US. YOU ACKNOWLEDGE AND AGREE THAT THESE TERMS AND THE PRIVACY POLICY APPLY TO YOUR ACCESS TO, AND USE OF, THE ONLINE MARKETPLACE PROVIDED BY OUR WEBSITE. BY ACCESSING OR USING OUR WEBSITE, YOU ACKNOWLEDGE THAT YOU HAVE READ AND UNDERSTOOD, AND AGREE TO BE BOUND BY THESE TERMS.

  1. Access

    1. Subject to these Terms, We grant to each:

      1. Seller, a non-exclusive, non-transferable, non-sub licensable limited licence to access Our Website to offer Items for sale as a Seller (Seller Access); and

      2. Buyer, a non-exclusive, non-transferable, non-sub licensable limited licence to access Our Website to bid for, and accept a Seller’s offer to sell, Items for sale as a Buyer (Buyer Access).

    2. We provide an online marketplace for a Seller and a potential Buyer to agree terms to sell Items. In respect of those Items, We:

      1. are not an auctioneer, and We do not run auctions;

      2. do not act as agent for any Seller or any Buyer in any way;

      3. do not take possession of any Item at any stage;

      4. do not receive any of the purchase price in respect of Items. The purchase price for Items must be paid directly by a Buyer to a Seller as described in these Terms;

      5. do not guarantee the accuracy, quality, safety, ownership of any Item; 

      6. do not represent or warrant that any Buyer or any Seller will engage in, or complete, the sale of any Item; and / or

      7. do not endorse, support, represent or guarantee the truthfulness, accuracy or reliability of any User Materials or other material posted to Our Website or entered into Our Website from time to time.

  2. Your Account

    1. To use the functionality of Our Website, You must become either a Seller or a Buyer. To become:

      1. a Seller with Seller Access, You must:

        1. be at least 18 years of age;

        2. ordinarily reside in Australia; and 

        3. provide Us with Your information (including, without limitation, Your name, full address and e-mail address); or 

      2. a Buyer with Buyer Access, You must:

        1. be at least 18 years of age;

        2. ordinarily reside in Australia; and

        3. provide Us with Your information (including, without limitation), Your name, full address, e-mail address and credit card details. 

    2. Your use of Our Website requires a user name and password. It is important that You keep Your user name and password secret and secure. You are entirely responsible for maintaining the confidentiality of Your user name and Your password and You may not give Your password to any third parties. You are responsible for all usage or activity on Your account including, without limitation, use by any person using Your user name or password. We maintain records as to the internet protocol (IP) address of the machine from which You have entered Your user name and password.

    3. You may change Your password at any time by following the instructions on Our Website.

    4. You agree to notify Us immediately of any unauthorised use of Your user name and password or any other breach of security associated with Your account.

    5. You acknowledge and agree that:

      1. for security reasons, We may require You to re-authenticate Yourself from time to time, particularly after any period of inactivity; and

      2. We are not responsible for any information that You may lose if We terminate any browser session due to inactivity.

  3. Process

    1. To offer an Item for sale on Our Website, a Seller must provide to Us such information as required by Us about the Item, including:

      1. a full description, photographs and details of any Security Interest over the Item;

      2. if the Item is a motor vehicle, a roadworthy certificate for the motor vehicle that complies with the applicable Laws of the State in which the motor vehicle is located;

      3. the Minimum Price, if any; and

      4. the period of time during which a potential Buyer may accept a Seller’s offer by placing bids on the Item.

    2. If We accept an Item for sale on Our Website:

      1. a Seller acknowledges and agrees that the Item will be listed for sale on Our Website exclusively for a period of 21 days during which a Seller must not list it for sale elsewhere unless We consent in writing;

      2. a Seller represents and warrants to Us, and to all other Users, that:

        1. the Seller has title and possession of each Item offered for sale on Our Website ;

        2. the Seller will comply with applicable Laws in respect of the sale of the Item;

        3. each Item offered for sale on Our Website is free of, and will remain free of, all Security Interests while offered for sale on Our Website;

        4. all relevant information in respect of the Item, including as set out in clause 3.3, is true and correct and has been disclosed; and

      3. one or more potential Buyers may accept the Seller’s offer for the Item as described in clause 3.3.

    3. Following receipt of bids by one or more potential Buyer, if the Seller has:

      1. set a Minimum Price, and the highest bid from a Buyer is above of the Minimum Price; or

      2. set a Minimum Price, but has waived the Minimum Price; or

      3. not set a Minimum Price,
        then:

      4. the Seller must sell the Item;

      5. the Buyer with the highest bid will be deemed to have accepted the Seller’s offer to sell the Item;

      6. a contract will be deemed to have been concluded between the Seller and the Buyer to buy and sell the Item;

      7. the purchase price for the Item will be due and payable by the Buyer to the Seller; and

      8. We will notify the Seller, the Buyer and each other potential Buyer whose bids were unsuccessful.

    4. Following notification to the Seller and the Buyer of a successful sale in accordance with clause 3.3:

      1. the Buyer must pay the Sale Fee to Us in accordance with clause 14.1;

      2. We will notify the Buyer of the Seller’s details; and

      3. the Buyer and Seller will each finalise the sale and purchase of the Item, including by arranging:

        1. any inspection or verification of details in respect of the Item deemed necessary by the Buyer;

        2. collection of the Item; and

        3. payment of the purchase price for the Item.

    5. Following submission of bids by each potential Buyer, if the highest bid from a potential Buyer is below the Minimum Price:

      1. the Seller’s offer to sell the Item on Our Website will be automatically revoked and We will notify the Seller and each potential Buyer; 

      2. the Item will be automatically withdrawn from Our Website; and

      3. no Sale Fee is payable to Us.

    6. Each Buyer acknowledges and agrees that:

      1. each bid submitted is, subject to the principles set out in clause 3:

        1. may constitute acceptance of a Seller’s offer to sell an Item;

        2. may create a legally binding contract between a Buyer and a Seller;

        3. may not be withdrawn by a Buyer; and

      2. if a Buyer does not conclude the purchase of an Item from the Seller, the Sale Fee is still payable by the Buyer to Us.

  4. Conditions of Use

    1. You acknowledge and agree that the use Our Website is entirely at Your own risk and We do not take any responsibility or liability for any Loss or damage suffered by You in reliance on the use of Our Website.

    2. You:

      1. agree that You have read and agree to be bound by the terms of conditions of:

        1. Stripe's service agreement as set out at this link https://stripe.com/en-au/legal/ssa; or

        2. Apple’s policy at this link: https://www.apple.com/au/legal/privacy/data/en/apple-pay/and

      2. acknowledge the terms and conditions of Our Payment Processors may be amended from time to time.

    3. You must not:

      1. commit or permit any act by any third party; or 

      2. use Our Website,

        in any way that infringes:

      3. Our Intellectual Property rights; or

      4. any other third party’s Intellectual Property or other rights.

    4. We may provide You with the ability to We may provide You with Communication Services. You acknowledge that Communication Services may be:

      1. public and not private communications; and

      2. collected, stored and scanned by Us, however, You should not consider Communication Services to have been reviewed, screened, or approved by Us.

    5. We may, but have no obligation to, review the use of the Communication Services by You and in Our absolute discretion, We may delete, edit, refuse to post or remove in whole or part any information or material uploaded or posted using the Communication Services.

    6. You must not, in any form or by any means, through Your use of Communication Services or otherwise:

      1. use Our Website in any manner which is unlawful, offensive, threatening, defamatory, obscene, indecent, incorrect, fraudulent, misleading, deceptive or otherwise inappropriate;

      2. use Our Website to transmit spam, chain letters, contests, junk mail, surveys or any other manner of mass marketing, other than as approved by Us;

      3. use Our Website to advertise or offer to sell any goods or services unless permitted by Us;

      4. disclose, transfer, duplicate, reproduce, retain for a purpose other than that for which it was first acquired, sell or reuse any information in Our Website, regardless of the form in which that information was supplied; 

      5. copy or transfer to any other file, any information in Our Website where it may be accessed in machine readable form;

      6. download any file posted by another user of the Communication Services that You know, or reasonably should know, is unlawful or contrary to these Terms;

      7. transfer, retransmit, duplicate or resell any information in Our Website to any third party;

      8. use any information in Our Website to combine with other information with the object of offering it online or in any other way to third parties; or

      9. delete any author attributions, legal notices or proprietary designations or labels in any file that is uploaded to Our Website.

    7. Except as expressly authorised by (and subject to any conditions prescribed under) any applicable Laws or these Terms, You must not, in any form or by any means, including by the use of Communication Services: 

      1. copy, adapt, modify, reproduce, store, distribute, print, display, perform, broadcast, publish, communicate to the public, make available to the public or create Derivative Works of the whole or any part of Our Website (including all trademarks); 

      2. interfere with or disrupt (or attempt to interfere or disrupt) Our Website, any servers or networks connected to Our Website or any other Users’ use of Our Website; 

      3. decompile, disassemble, reverse engineer, reverse compile Our Website; 

      4. use any robot, spider, scraper, data mining process or other automated means to access Our Website without Our express written approval; or

      5. take any action, such as by excessive use of Our Website or the Communication Services, that:

        1. imposes or damages or may impose or damage (in Our sole discretion) an unreasonable or disproportionately high load on Our Website or Our infrastructure; or

        2. hinders or prevents or may hinder or prevent (in Our sole discretion) from providing Our Website or Our infrastructure.

    8. You must ensure that Your access to, or use of, Our Website is not illegal or prohibited by any applicable Laws, in force from time to time, in Your relevant jurisdiction or which otherwise pertains to You and Your use of, and access to, Our Website.

  5. Outages / changes

    1. You acknowledge that Our Website may not be free from fault or interruption and that Our Website may be unavailable during planned or unplanned outages or scheduled or unscheduled maintenance periods. We will take all reasonable steps to notify You of when outages or maintenance occurs and when Our Website is temporarily unavailable.

    2. We may make any changes to Our Website as considered necessary or desirable by Us including, without limitation, updates and new releases.

    1. Consent

      You acknowledge and agree that We, and Our Payment Processor, may communicate with You for the purposes of:

      1. Your use of Our Website;

      2. providing You with news and information about Our Website and other relevant industry news;

      3. responding to any specific request that You make of Us;

      4. administering and managing Our Website, as well as performing administrative and operational tasks;

      5. notifying You of any changes to, enhancements of, or outages that may affect Our Website;

      6. providing You with the opportunity to ‘opt-in’ to receiving promotional material from time to time from Us or Our Payment Processor; and 

      7. providing You with the opportunity to ‘opt-in’ and provide Your consent to participate in enhancements to or new features of Our Website, through which We may use property or other information that is posed to or uploaded by You for the purposes of enhancing Your use of Our Website.

  7. User Materials

    1. Each User:

      1. may from time to time provide or otherwise make available to Us the User Materials; and

      2. grants to Us a worldwide royalty free, perpetual, irrevocable, non-exclusive right and licence to use, reproduce, distribute, transmit, perform, display (publicly or otherwise), adapt, make Derivative Works of and otherwise commercialise and exploit the User Materials.

    2. Each User represents and warrants to Us that:

      1. it has the right to grant the licences in clause 7.1 in and to the User Materials;

      2. the User Materials do not infringe upon or misappropriate any rights, including, without limitation, rights in respect of Intellectual Property of Us or any third parties; and

      3. the User Materials are free of worms, viruses, ‘Trojan Horses’, corrupted files, defects or any other disabling software code that may:

        1. damage the operation of another’s computer or damage any of Our Website or Our infrastructure; or

        2. impose (in Our sole discretion) an unreasonable or disproportionately high load on Our Website or on Our infrastructure.

    3. Each User represents and warrants to Us that it will abide by all applicable Laws, rules and regulations for any User Materials posted on Our Website or entered into Our Website from time to time.

    4. To the extent that User Materials include or may include any Personal Information of an individual, each User represents and warrants that it has obtained all necessary consents and authorities from the relevant individual to use and disclose the User Materials as contemplated by these Terms, and the use of the User Materials in accordance with these Terms will not cause Us to be in breach of Privacy Legislation. 

    5. We may remove or refuse to distribute or publish any User Materials that violate these Terms.

  8. Privacy

    1. To the extent that We collect any Personal Information, We will comply with Privacy Legislation and the Australian Privacy Principles in relation to such information. The Privacy Policy applies to You, Your use of Our Website and Our use of Your Personal Information. 

    2. By using Our Website in accordance with these Terms, You consent to the collection, use, disclosure and storage of Your Personal Information in accordance with the Privacy Policy.

  9. Intellectual Property

    1. We own, or have all the rights to, the Intellectual Property in Our Website.

    2. Nothing in these Terms grants You any ownership or Intellectual Property rights in Our Website, which remains, at all times, Our property. 

  10. Warranties and Liability

    1. You represent and warrant to Us on a continuing basis that:

      1. You are authorised to enter into the contract created:

        1. by these Terms; and

        2. as agreed between a Buyer and a Seller in accordance with clause 3.3;

      2. You will comply with all Laws and any industry codes that are related in any way to these Terms and Your use of Our Website;

      3. You will use up-to-date commercially available systems to protect the security of Your information technology infrastructure; and

      4. Your use of Our Website in accordance with these Terms does not and will not breach any Laws or infringe the rights or duties owed to any person, whether arising under contract, common law or statute.

    2. Each Buyer represents and warrants to Us, and to all other Users, that all information provided to Us in respect of Buyer’s use of Our Website is true and correct.

    3. Whilst We agree to provide You with access to Our Website using reasonable care and skill, You acknowledge the availability and functionality of Our Website, and Your ability to access and use Our Website, may depend on factors and circumstances beyond Our control including:

      1. telecommunications network issues (such as network capacity restrictions, physical and environmental conditions, technical constraints and issues experienced by any third party operator of any telecommunications network on which Our Website rely); 

      2. Payment Processor issues and factors that prevent intended recipients from receiving alerts and other communications (for example, Payment Processor and account issues),

        We cannot therefore claim or guarantee that Our Website will be available to You at all times or be free from faults or interruptions. 

    4. You acknowledge and agree that:

      1. We do not provide any advice or information, whether oral or written, obtained by You from Us or through Our Website will create any warranty not expressly included in these Terms or required by law;

      2. Our Website is provided on an ‘as is’ and ‘as available’ basis. Except for any Non-excludable Guarantee (as defined in clause 10.6), We exclude all terms, conditions, warranties and guarantees implied by custom, the general law or statute; and

      3. We may show links to websites operated by third parties, which links do not form part of Our Website and for which We do not accept any responsibility. If You follow a link to another website, You do so at Your own risk.

    5. Without in any way limiting clauses 10.1, 1.1 and 10.4, You expressly acknowledge and agree that We make no warranty that:

      1. Our Website will meet Your requirements, or will be uninterrupted, timely, secure, or error-free;

      2. errors or defects will be corrected; however, We will use reasonable errors to correct errors or defects within a reasonable period of time;

      3. Our Website will be free of viruses or other harmful components; however, We will use reasonable endeavours to ensure that Our Website will be free of viruses;

      4. any data stored by Us will be accurate, reliable or secure; and

      5. the performance of Our Website will not be affected by data entry errors, including incorrect entries, double entries or delayed entries, or incorrect or untimely data supplied by Users.

    6. Any condition, warranty or guarantee that legislation applies to the supply by Us to You of Our Website under these Terms is taken to be included in these Terms, if that legislation renders void or prohibits contractual provisions which:

      1. exclude, restrict or modify; or 

      2. which have the effect of excluding, restricting or modifying, the application of, exercise of a right conferred by, or any liability under, such condition, warranty or guarantee (Non-excludable Guarantee).

    7. You acknowledge and agree that, to the maximum extent permitted by law, We:

      1. exclude all liability to You for any Loss (including loss of revenue, business, profits, goodwill or data, or indirect, consequential, incidental, special exemplary or punitive loss or damage) suffered by You in any way relating to these Terms or Your use of Our Website regardless of the basis of such liability and even if advised of the likelihood of such Loss; and

      2. limit Our aggregate liability to Users, in connection with these Terms or Users’ use of Our Website as follows, for:

        1. a Seller, the amount of $1.00; and

        2. a Buyer to an amount equal to, the greater of (i) Our Sale Fee in respect of circumstances arising from the purchase of an Item by a Buyer and (ii) $1.00 in all other circumstances.

  11. Indemnity

    1. Subject to clause 11.2, You agree to indemnify and hold Us and Our officers, employees and agents (those indemnified) harmless against all Loss (including loss of revenue, business, profits, goodwill or data, or indirect, consequential, incidental, special exemplary or punitive loss or damage) suffered or incurred by those indemnified in connection with any: 

      1. claim in respect of the contract of sale between a Buyer and a Seller in relation to the sale and purchase of an Item;

      2. breach of these Terms by You; 

      3. wilful misconduct by You; and/or 

      4. unlawful or negligent act or omission by You.

    2. We acknowledge and agree the indemnity in clause 11.1 does not apply in respect of Our liability for Loss to You for any:

      1. material breach of these Terms by Us;

      2. wilful misconduct by Us; and/or

      3. unlawful or negligent act by Us.

  12. Suspension and Termination

    1. We may, at any time, by ten (10) Business Days’ notice to You, terminate these Terms for any reason whatsoever. 

    2. We may, at any time, by reasonable notice to You, where reasonably possible, temporarily, or indefinitely, suspend, disable or terminate Your access to Our Website or Your right to use Our Website, if any one or more of the following applies:

      1. such suspension or termination is reasonably required for the maintenance (including preventative and routine maintenance), support, operation or security of Our Website;

      2. We believe on reasonable grounds that You are in breach of any provision of these Terms; 

      3. We believe on reasonable grounds that You do not have all necessary authorisations to perform Your obligations under these Terms;

      4. We believe on reasonable grounds that You have engaged in any conduct which may bring Us or Our Website into disrepute; 

      5. a Payment Processor or Government Agency requires it; or

      6. in respect of a Buyer, You do not pay Our Fees when they fall due.

    3. We may terminate these Terms with immediate effect by notice if You breach these Terms, the breach is capable of remedy and You fail to remedy it within five (5) Business Days of receiving written notice requiring it to be remedied.

    4. Upon the termination or expiration of these Terms:

      1. in respect of a Buyer, You must pay Us any outstanding Fees; and

      2. Your user name and password for Our Website will expire after 20 Business Days; and

      3. Clauses 7 (User Materials), 8 (Privacy), 9 (Intellectual Property), 10 (Warranties and Liability), 11 (Indemnity), 12.5, 13 (Dispute Resolution), 17 (General Provisions) and 18 (Definitions) continue.

    5. The termination or expiration of these Terms for any reason does not extinguish or otherwise affect any rights of any party against the other which accrued prior to the time of the termination, or otherwise relate to or arise from any breach or non-observance of obligations under these Terms which arose prior to the time of termination, or which by their nature survive termination.

  13. Dispute Resolution

    1. Any dispute relating to these Terms (Dispute) must, prior to a party initiating litigation (other than for equitable or interlocutory relief), be dealt with as follows:

      1. the affected party will notify the other with details of the Dispute (Dispute Notice) and, within 10 Business Days of receiving the Dispute Notice, a nominated representative from each party will meet together and attempt to resolve the Dispute;

      2. if unresolved within 20 Business Days of the Dispute Notice, the Dispute will be escalated to one of Our senior executives who will meet with You and attempt to resolve the Dispute;

      3. if still unresolved within a further 20 Business Days of being escalated, either party may refer the Dispute to mediation in accordance with the rules of the Australian Commercial Disputes Centre and the parties must participate in that mediation in good faith;

      4. if the parties cannot agree on a mediator within a further 20 Business Days, the Dispute will be referred by the parties to the President, Australian Commercial Disputes Centre, Sydney to nominate a suitably qualified mediator and the parties will accept that nomination;

      5. the parties will cooperate to enable the mediator to mediate the Dispute within 20 Business Days of the mediator’s appointment; and

      6. the fees of the mediator will be paid by the parties in equal proportion.

    2. Any dispute in relation to a sale of an Item must be resolved solely between a Buyer and a Seller without Our involvement.

  14. Fees

    1. Following:

      1. sale of an Item; and 

      2. Our notification to a Seller and a Buyer in accordance with clause 3.3, the Sale Fee will be immediately due and payable by the Buyer to Us. Upon payment of the Sale Fee by the Buyer to Us, in accordance with clause 3.4:

      3. We will issue a tax invoice for the Sale Fee, as required by clause 15; and

      4. the Buyer will receive the Seller’s contact details as provided to Us.

    2. During the sale process as described in clause 3.1 if:

      1. the Seller sells an Item elsewhere in breach of clause 3.2(a);

      2. a sale to a Buyer does not conclude due to a breach by the Seller of any of the representations and warranties in clause 3.2(b), or the Seller’s other breach of these Terms; or

      3. the Seller does not conclude the sale of an Item, including by failing or refusing to accept the agreed purchase price or failing to deliver the Item to the Buyer, or make it available for collection by the Buyer in breach of the Seller’s obligations in clause 3, the Seller must pay the Cancellation Fee to Us upon demand.

      4. We may modify Our Fees from time to time in accordance with clause 16, but any amended Fee will not apply in respect of any Items for sale on Our Website at the time of the modification of Sale Fees.

      5. Following sale of an Item on Our Website, if a Buyer can demonstrate to Our reasonable satisfaction that a Seller:

        1. is in breach of any of the representations in clause 3.2(b), or elsewhere in these Terms; or

        2. does not conclude the sale of an Item, including by failing or refusing to accept the agreed purchase price or failing to deliver the Item to the Buyer, or make it available for collection by the Buyer in breach of the Seller’s obligations in clause 3,

          We may, at our discretion, refund any Sale Fees paid by a Buyer to Us.

  15. GST

    1. In this clause, expressions have the same meaning as they have in the GST law.

    2. To the extent that We make a taxable supply in connection with these Terms, the consideration payable by a party under these Terms represents the value of the taxable supply for which payment is to be made.

    3. If We make a taxable supply in connection with these Terms for a consideration which, under clause 15.2, represents its value, then if You are liable to pay for the taxable supply, You must also pay, at the same time and in the same manner as the value is otherwise payable, the amount of any GST payable in respect of the taxable supply.

    4. Subject to clause 15.3, each party agrees to do all things, including providing tax invoices and other documentation, that may be necessary or desirable to enable or assist the other party to claim any input tax credit, adjustment or refund in relation to any amount of GST paid or payable in respect of any supply made under or in connection with these Terms. 

    5. We warrant to You that We are registered for GST and will notify You if this ceases to be the case. 

  16. Amendments to Terms

    1. We may amend these Terms at any time. Any amendments will be effective immediately upon notification on Our Website.

    2. Your continued use of Our Website following such notification will represent an agreement by You to be bound by the Terms, as amended.

  17. General provisions

    1. You must not release to the public any news release, advertising material, promotional material or any other form of publicity relating to Us without Our prior written consent.

    2. Notice must be in writing and in English and may be given by an authorised representative of the sender by email. Notice is deemed to be received by a party if sent by email, on the next Business Day after the email is sent.

    3. These Terms constitute the entire agreement between You and Us regarding the use of Our Website. 

    4. You must not assign, transfer or otherwise deal with any right under these Terms without Our prior written consent, which will not be unreasonably withheld. We may assign or novate Our rights and obligations under these Terms to any person by notice to You.

    5. If We waive, in whole or part, any rights available to Us under these Terms on one occasion, this does not mean that those rights will automatically be waived on any other occasion.

    6. If any of these Terms are held to be invalid, unenforceable or illegal for any reason, it is to be read down to give it as much effect as possible, or if it is not capable of having any effect at all, it is to be severed from these Terms, in which case, the remainder of these Terms nevertheless continue in full force.

    7. The Laws governing these Terms will be the Laws in the State of Victoria, Australia. You irrevocably submit to the non-exclusive jurisdiction of the courts of that State, without regard to conflict of law provisions. 

  18. Definitions

    In these Terms, unless the context otherwise requires:

    1. Business Day(s) means any day that is not a Saturday, Sunday or a public holiday in the State of Victoria;

    2. Buyer means a User entitled to bid for Items on Our Website who:

      1. registers to use Our Website;

      2. accepts these Terms; and

      3. has Buyer Access,

    3. Buyer Access has the meaning as set out in clause 1.1(b);

    4. Cancellation Fee means Our fee of the greater of:

      1. $400 exclusive of GST; and

      2. 2% of the Minimum Price, payable to Us in accordance with clause 14.2;

    5. Communication Services means the ability to communicate with Us and other Users, online forms, interactive voice response, electronic requests and enquires, bulletin boards, blogs, competition entries, online forums, inbound phone number services and other forms of electronic messaging;

    6. Derivative Work means any new work created by or for You;

    7. Fee means:

      1. the Sale Fee; and / or

      2. the Cancellation Fee, payable to Us in accordance with clause 14.1;

    8. Government Agency means any government or any governmental, semi-governmental, administrative, fiscal or judicial body, department, commission, authority, tribunal, agency or entity;

    9. GST has the meaning given to that term in the GST law;

    10. GST law has the meaning given to that term in the A New Tax System (Goods and Services Tax) Act 1999 (Cth);

    11. Intellectual Property means any and all:

      1. current and future registered and unregistered rights in respect of copyright, designs, trademarks, trade names, business names, trade secrets, know-how, confidential information, patents, inventions and discoveries;

      2. applications for grant of any of the above;

      3. other rights of a similar nature arising (or capable of arising) under statute or at common law in Australia or anywhere else in the world; and

      4. other intellectual property as defined in Article 2 of the Convention Establishing the World Intellectual Property Organisation 1967;

    12. Item means an item located in Australia to be made available for sale on Our Website;

    13. Laws include any requirement of any statute, rule, regulation, proclamation, order in council, ordinance or by-law whether Commonwealth, state, territorial or local;

    14. Loss means loss or damage of any kind (including liability to a third party);

    15. Minimum Price means a minimum price for an Item nominated by a Seller as required by clause 3.1;

    16. Payment Processor means either:

      1. Stripe Payments Australia Pty Ltd A.C.N. 160 180 343; or

      2. Apple, through the use of Apple Pay;

    17. Personal Information means all information about a person that is ‘personal information’ as defined in the Privacy Act which is collected or held in connection with these Terms;

    18. Privacy Legislation means the Privacy Act 1988 (Cth) and any other legislation relating to privacy and use of Personal Information;

    19. Privacy Policy means Our privacy policy or statement from time to time, a current copy of which is available at www.[insert]plater.com.au/privacy or by sending an email request to support@plater.com.au [insert]@[insert].com.au;

    20. Security Interest means a mortgage, charge, lien, pledge, security interest, title retention, preferential right, trust arrangement, encumbrance and contractual right of set off and includes a security interest within the meaning of the Personal Property Securities Act 2009 (Cth) and regulations made under that Act;

    21. Sale Fee means Our fee of five (5)% of the purchase price for an Item as determined in accordance with clause 3.4, exclusive of GST, payable to Us in accordance with clause 14;

    22. Seller means a User offering an Item for sale on Our Website who:

      1. registers to use Our Website;

      2. accepts these Terms; and

      3. has Seller Access;

    23. Seller Access has the meaning as set out in clause 1.1(a);

    24. Terms means these terms and conditions of use of Our Website;

    25. User means, as the context so requires, either:

      1. a Seller; or

      2. a Buyer; 

    26. User Materials means any and all photographs of Items, data, information, content, metadata and other materials provided, or that may be supplied to Us by Users (or otherwise obtained by Us from the Users), directly or indirectly, from time to time, including any content posted or entered into Our Website from time to time;

    27. We, Us or Our means PlaterAU Pty Ltd ABN 76 663 373 993; 

    28. Website means Our website, including subdomains of that website and mobile sites; and

    29. You, Yourself or Your means any person or entity using, or intending to use, Our Website.

Effective: 1 May 2024