Information about Holistic.Services

Terms of use

Terms of Use

TERMS OF USE 

Please read this Agreement carefully.

 

This Terms of Use explains the terms by which you may use the Holistic.Services Marketplace Website as a User and a Buyer. If you are a Seller, in addition to these Terms of Use, you must agree to our TERMS OF USE (SELLER)(below).

By accessing or using our Website, you confirm that you have read, understood and agreed to and be bound by these Terms of Use including the Privacy Policy and any other additional terms and conditions or policies referred to herein or on the Website (altogether the “Agreement”). 

DO NOT USE THE HOLISTIC.SERVICES WEBSITE FOR MEDICAL EMERGENCY SERVICES. FOR EMERGENCIES CALL 000 OR YOUR LOCAL EMERGENCY ASSISTANCE NUMBER.

Holistic.Services shall have no liability for your interactions with other Users, or for any User’s action(s) or inaction(s).

If you do not agree to these terms, you must not use our Website.

We recommend that you print a copy of these terms for future reference.


WHAT IS HOLISTIC.SERVICES MARKETPLACE?

(A)          The Company operates the Holistic.Services Marketplace Website (www.holistic.services) (“the Website”) where third party Sellers can list and sell services or products to buyers around the world.

(B)           The Company is not a party to or directly involved in the transactions between the Seller and Buyer.  The Company is neither the Seller or Buyer of the Products.

(C)           The Company cannot guarantee the true identity of the Buyer, Seller or user and you acknowledge by using the Website that the Company is not responsible or liable for any content posted on the Website by you or others and you use the Website at your own risk.

(D)           Whilst the Company helps facilitate transactions, the Company has no control over the quality, supply, safety or legality of any Products listed on the Website.

(E)           The Company cannot and does not transfer legal ownership of the Products from the Seller to the Buyer.

(F)           The Seller is responsible for the sale of the Products and for dealing with the Buyer in connection with any issues arising out of or in connection with the contract.

(G)           Accordingly, the contract formed at the completion of sale is solely between the Seller and Buyer.

(H)           Listings are merely hosted by the Company and are posted solely at the direction of the Seller who can be contacted via their [Seller Profile link] on the Seller’s listing pages.

(I)             The Company cannot ensure the Seller or Buyer will complete a transaction.

(J)            The Website is managed and operated for Australia and the Company makes no representations that the Website is appropriate or available for use in other countries or jurisdictions.

(K)           Use of the Website is entirely at your own risk.

(L)           The Website is not intended for users who are under 18 years of age.

(M)          The Website is not available to Users previously prohibited to use the Website by the Company.

(N)           Access to our Website is made free of charge.

 

NOW IT IS HEREBY AGREED as follows:-

 

Legal Notices

  • If you are browsing this Website, you may access material displayed on the Website for your non-commercial, personal use only and subject to the Website Terms and Conditions stated below.
  • If you are browsing this Website you may access or download material displayed on the Website only in accordance with the Website Terms and Conditions stated below. This permission is specifically conditioned on you maintaining all copyright, trade mark and other proprietary notices contained on the materials and keeping all such material intact and in the same form as presented on the Website. Additionally, you may not:
    • distribute or transmit, modify, reuse, republish, frame, upload to a third party, report, or use the contents of the Website for public or commercial purposes, including the text, images, audio, and video without the Company’s prior written permission; or
    • use any meta tags or any other “hidden text” or use any sponsored or paid Google or other search engine sponsored search results / sponsored links that utilise keywords that directly relate to the Company’s name, trade indicia, trade mark, logo, product or brand without the Company’s prior written permission.
  • The law applicable to use of the material and to disputes arising out of the material is the state of New South Wales, and the Commonwealth of Australia.

 

1.    INTERPRETATION

The definitions and rules of interpretation in this clause apply in this Agreement.

“Agreement/Terms of Use” 

means the Company’s terms of use including any terms and conditions or policies referred to herein or on the Website; 

“Buyers”

means users of the Website that purchase Products from Sellers;

“Company”

means Holistic.Services (Business Registration No ABN 408 200 223 24);

“Fees”

Means sums payable by the Seller to the Company;

“Holistic.Services Website / Marketplace”

means the Company's website at any time and from time to time, currently called Holistic.Services Marketplace and at www.holistic.services and including all databases, software, domain names and infrastructure that the Company markets for use by users to shop for Products. The Website includes all future versions and replacements of, and successors to, the Website;

“Holistic.Services Marketplace / Seller Account”

means an account held by a Seller to list and sell Products and Services on the Website;

“Intellectual Property Rights”

means all patent rights, copyright rights, trademark, trade secrets, and other intellectual property rights that now exist or come into existence with the laws of any country or jurisdiction;

“Products” and/or “Services”

means all products and/or services of the Website, including, but not limited to health and wellbeing products & services such as healings, treatments, programs, classes, supplements etc that are not Restricted Products;

“Prohibited Activities”

means activities listed, or similar to, those, at clause 18 which can result in the Company removing the Seller’s Account from the Website without notice or prior warning;

“Restricted Product(s)”

means;

(a)        chance listings that promote giveaways, random drawings, raffles or prizes;

(b)        firearms, knives and offensive weapons;

(c)        offensive material;

(d)        replicas, counterfeit and unauthorised copies;

(e)        items of an illegal or sexual nature;

(f)         illegal drugs;

(g)        anabolic steroids;

(h)        items infringing intellectual property rights;

“Seller(s)”

means third party seller(s) that lists and/or offers to sell Products and/or Services to Users/Buyers on the Website;

“Shilling”

means buying Products/Services with the intent to artificially increase the price or desirability of Products/ Services or improve the Products’/Services search standing;

“Users”

means all other users of the Website that are neither a Seller or a Buyer;

“GST”

means the Australian Goods and Services Tax (GST) in A New Tax System (Goods and Services Tax) Act 1999 (Cth).;

“Your Transaction/Transaction”

means sales where the Seller lists Products/Services at a fixed price; the Seller is obliged to sell the Products/Services at the listed price to Buyers who meet the Seller’s terms.

 

2.            WHO WE ARE AND HOW TO CONTACT US

2.1         www.holistic.services is a Website operated by Holistic.Services Marketplace ("We"). We are registered in Australia under business number 408 200 223 24 and have our registered office at 542/46 Baywater Drive, Wentworth Point, Sydney NSW 2127 (“the Company”).

2.2         To contact us, please email [admin@holistic.services]


3.            THERE ARE OTHER TERMS THAT MAY APPLY TO YOU

3.1         This Agreement refers to the following additional terms, which also apply to your use of our Website:

a)            our Privacy Policy, which sets out the terms on which we process any personal data we collect from you, or that you provide to us. By using our Website, you consent to such processing and you warrant that all data provided by you is accurate.

 

4.            COMPANY'S OBLIGATIONS

4.1         The Company shall provide the Holistic.Services Marketplace for third party sellers (“Sellers”) to offer to sell Products/Services to Buyers.

4.2         The Company is not involved in the actual transaction between the Seller(s) and Buyer(s). The Company receives payment from the Buyer and pays the Seller according to our Seller Terms and Conditions, and once the Seller has dispatched the Products sold to the Buyer, the funds are released maximum of 5 days after the Purchase date from the Company. This release of funds period may be amended from time to time if the Company feels it is necessary.

 

5.            WE MAY MAKE CHANGES TO THESE TERMS OF USE

5.1         The Company reserves the right to amend these Terms of Use at any time.

5.2         The up to date Terms of Use will be available to view on the Website. 

5.3         Every time you wish to use our Website, please check these Terms of Use to ensure that you understand the Terms of Use that apply at that time.

5.4         Your use of the Website after any such change constitutes your acceptance of the new Terms of Use.  

5.5         These Terms of Use apply to all Users of the Website.

5.6         These Terms of Use were most recently updated on [10th February 2021]


6.            WE MAY SUSPEND OR WITHDRAW OUR WEBSITE

6.1          We do not guarantee that our Website, or any content on it, will always be available or be uninterrupted. We may permanently or temporarily terminate, suspend, withdraw or restrict the availability of all or any part of our Website without notice and liability, for any reason.

6.2          We will try to give you reasonable notice of any major changes.

 

7.            COMPANY’S RIGHTS

7.1         The Company retains the right to determine the content, appearance, design, functionality and all other aspects of the Website and to delay or suspend listing of, or to refuse to list, or to de-list, or to require the Seller not to list, any or all Products in the Company’s sole discretion.

7.2         The Company may in its sole discretion withhold for investigation, refuse to process, restrict and/or cancel any transactions.

7.3         The Company has the right, but not the obligation, to at its absolute discretion monitor activity and content on the Website and take any action that it deems appropriate.

7.4         Such action may include but not limited to:

(a)          Edit any content that violates these Terms of Use or is otherwise actionable;

(b)          issuing warnings, suspension or termination of service;

(c)          denying access to the Website; and

(d)          removal of any materials on the Website, including listings.

 

8.            HOW WE MAY USE YOUR PERSONAL INFORMATION

8.1          We will use the personal information you will provide to us:

(a)          to share with the Seller to fulfil the delivery process;

(b)          to process your payment for the Product(s) and/or Service(s); and

(c)          if you agree to this during the order process, to give your information (insert link to Privacy Policy) that we consider you may be interested in, but you may stop receiving this at any time by contacting us at [admin@holistic.services].

8.2         We will only give your personal information to third parties where the law either requires or you allow us to do so.

 

9.           HOW YOU MAY USE MATERIAL ON OUR WEBSITE

9.1         We are the owner or the licensee of all intellectual property rights on our Website, and in the material published on it. Those works are protected by copyright laws and treaties around the world. All such rights are reserved. All goods and company names and logos featured on this Website are the trademarks, service marks or trading names of their respective owners, including us. No licence or consent is granted to you to use these marks in any way without our prior written consent or the relevant third-party owner's consent (as applicable).

9.2         You may print off one copy, and may download extracts, of any page(s) from our Website for your personal use and you may draw the attention of others to content posted on our Website.

9.3         You must not modify the paper or digital copies of any materials you have printed off and you must not use any illustrations, photographs, video or audio sequences or any graphics separately from any accompanying text.

9.4         Our status (and that of any identified contributors) as the authors of content on our Website must always be acknowledged.

9.5         You must not use any part of the content on our Website for commercial purposes without obtaining a licence to do so from us or our licensors.

    • If you print off, copy or download any part of our Website in breach of this Agreement, your right to use our Website will cease immediately and you must, at our option, return or destroy any copies of the materials you have made.
    • You may not use data mining, robots, screen scraping, or similar automated data gathering, extraction or publication tools on this Website (including without limitation for the purposes of establishing, maintaining, advancing or reproducing information contained on our Website on your own website or in any other publication), except with the Company’s prior written consent.

 

10.         DO NOT RELY ON INFORMATION ON OUR WEBSITE

10.1       The content on our Website is provided for general information only. It is not intended to amount to advice, diagnosis or treatment on which you should completely rely on. Always obtain advice from your qualified health professional or specialist before taking, or refraining from, any action on the basis of the content on our Website if you have any concern about your health.

10.2       We make no representations, warranties or guarantees, whether express or implied, that the content on our Website is: accurate, complete, up to date, Products/Services being of a satisfactory quality, fit for a particular purpose, are non-infringing, available at any particular time or free of viruses.

10.3       We do not examine, determine or warrant the certification and/or licensing, qualifications, competence, solvency or information of any professional or treatment facility listed on our Website. We rely on the professionals or service providers listed on our Website to provide accurate information and assume no responsibility for verifying the information provided. 


11.         WE ARE NOT RESPONSIBLE FOR WEBSITES WE LINK TO

11.1       Where our Website contains links to other websites and resources provided by third parties, these links are provided for your information only. Such links should not be interpreted as approval by us of those linked websites or information you may obtain from them.

11.2       We have no control over the contents of those Websites or resources.

 

12.         USER-GENERATED CONTENT IS NOT APPROVED BY US

12.1       This Website may include information and materials uploaded by other users of the site, including to bulletin boards and chat rooms. This information and these materials have not been verified or approved by us. The views expressed by other users on the Website do not represent our views or values.

12.2       If you wish to complain about information and materials uploaded by other users please contact us on admin@holistic.services.

 

13.         OUR RESPONSIBILITY FOR LOSS OR DAMAGE SUFFERED BY YOU

13.1       We do not exclude or limit in any way our liability to you where it would be unlawful to do so. This includes liability for death or personal injury caused by our negligence or the negligence of our employees, agents and for fraud or fraudulent misrepresentation.

13.2       We exclude all implied conditions, warranties, representations or other terms that may apply to our Website or any content on it.

13.3       We will not be liable to you for any loss or damage, whether in contract, tort (including negligence), breach of statutory duty, or otherwise, even if foreseeable, arising under or in connection with:

use of, or inability to use, our Website; or

use of or reliance on any content displayed on our Website.

13.4        In particular, we will not be liable for:

loss of profits, sales, business, or revenue;

business interruption;

loss of anticipated savings;

loss of business opportunity, goodwill or reputation; or

any indirect or consequential loss or damage.

13.5         Use of our Website to engage a professional or service provider is wholly voluntary and, to the extent permitted by law, in no event will we be liable for neither damages to any user of our Website for the selection of a professional or service provider and the services provided by those listed, or for any other loss or damage which may occur as a result. We recommend that you check the certification and/or licensing of any professional or service provider with the applicable licensing Board or authority.  


14.         RISKS ABOUT UPLOADING CONTENT TO OUR WEBSITE

14.1       Whenever you make use of a feature that allows you to upload content to our Website, or to make contact with other Users of our Website, you must comply with the content standards set out in these Terms and Conditions.

14.2        You warrant that any such contribution does comply with those standards, and you will be liable to us and indemnify us for any breach of that warranty. This means you will be responsible for any loss or damage we suffer as a result of your breach of warranty.

14.3         You are solely responsible for any content that you upload, link to or otherwise make available (“post”) on the Website and you agree that we are only acting as a passive conduit.

14.4          Any content you upload to our Website will be considered non-confidential and non-proprietary. You retain all of your ownership rights in your content, but you are required to grant us and other users of the Website a limited licence to use, store and copy that content and to distribute and make it available to third parties. The rights you license to us are described in Rights you are giving us to use material you upload (clause 25).

14.5          If making any reference to third party intellectual property rights, you must ensure these are in accordance with intellectual property law.

14.6          We also have the right to disclose your identity to any third party who is claiming that any content posted or uploaded by you to our Website constitutes a violation of their intellectual property rights, or of their right to privacy.

14.7          We have the right to remove any posting you make on our Website if, in our opinion, your post does not comply with the content standards set out in this Agreement.

14.8          You are solely responsible for securing and backing up your content.

14.9          No hidden links can be submitted when creating content on the Website, no links can be directed to the Seller’s or other third-party websites only if the link goes to the Product/Service listing. If this happens this may constitute fee avoidance and your Seller’s Account may be terminated pursuant to clause 10 without notice.

 

15.             PURCHASE CONDITIONS

15.1          When buying an item, you agree:

    • You are responsible for reading the full item listing before making a commitment to buy.
    • You enter into a legally binding contract to purchase an item when you commit to buy an item, or your offer for an item is accepted

15.2          We do not transfer legal ownership of items from the Seller to the Buyer.


16.             PAYMENT

16.1          You may purchase goods or services on this Website by selecting and placing your order through this Website in accordance with these Terms and Conditions. You must be aged 18 years or older and possess a valid credit or debit card issued by a bank acceptable to us in order to contract with us. Any order placed through this Website for any goods advertised on this Website is an offer by you to purchase the goods for the price (including postage, packaging and any other applicable charges and taxes) notified to you at the time you place the order. We retain the right to refuse any offer made by you. All orders are subject to availability and confirmation of price.

16.2          Any order placed by you through a Stripe or other facility accessible via this Website will be subject to the terms and conditions of those providers.

16.3          When you place an order through this Website, you will receive an acknowledgement email confirming receipt of your order - this email will only be an acknowledgement and will not constitute acceptance of your order. A contract between us will not be formed until we send you confirmation by email that the order has been confirmed. Only those products/services listed in the confirmation email sent will be included in the contract formed. Each order for goods/services placed through this Website that we accept and confirm with you by email constitutes a separate binding contract between you and us for the supply of the goods/services the subject of the order.

16.4          When a Buyer places an order you will need to provide your debit or credit card details, including but not limited to the name on the card, card number, card expiry date, and CVV number on the card, or use your PayPal, Stripe or Afterpay account if applicable.  The debit or credit card used to make a purchase through this Website must be Visa, Mastercard, AMEX, Union Pay, or your PayPal account (together Payment Method). You will also need to apply a coupon code in order to purchase the goods/services at the applicable discounted price. We may also require you to provide additional details to those supplied at time of registration or confirm your user account details to enable us to process any orders placed through this Website.

16.5          You undertake that all details you provide to us when placing an order are current, correct and complete, that you are an authorised user of the Payment Method used to place your order and that your nominated credit or debit card will cover the full cost of the goods. The cost of the goods may fluctuate and all prices advertised are subject to such changes. Unless otherwise stated, all prices are inclusive of the Australian Goods and Services Tax (GST) and you acknowledge and agree that GST is automatically included to each order placed unless otherwise stated.

 

17.             CANCELLATIONS, RETURNS, REFUNDS AND EXCHANGES

17.1          For all cancellations, returns, refunds and exchanges, Buyers should refer to individual Seller Terms and Conditions. If Buyer and Seller fail to resolve a dispute, Buyer must notify the Company in writing within 14 days of any such payment. Failure to notify the Company within 14 days shall result in the waiver by the Buyer of any claim relating to any such disputed payment.

17.2          Sellers should familiarise themselves with the laws of their own country and those of the Buyers’ countries, and ensure, compliance with such laws.

17.3          If the Seller is unable to complete a transaction, the Seller must notify the Buyer via the Buyer’s email address and cancel the transaction.

17.4          If the Buyer has already submitted payment, the Seller must issue a full refund to the Buyer within 14 days.

17.5          Proof of refunds should be kept in case a dispute arises.

17.6          Sellers and Buyers are responsible for complying with all laws and regulations applicable to the international sale, purchase, and shipment of items.

17.7          The Seller may cancel a Transaction under the following circumstances:

(a)              the Buyer did not pay;

(b)              the Buyer and Seller agree to cancel the Transaction and the Seller has issued a full refund including any additional charges;

(c)              the Buyer did not receive the Product(s) or Service(s) ordered and the Seller has issued a full refund including any additional charges;

(d)              the Buyer and Seller agree the Buyer could cancel the Product/Service for a refund, the Seller has cancelled the transaction and issued a full refund to the Buyer;

(e)              the Seller must refund the agreed amount to the Buyer subject to the Seller’s terms which should be easily accessible to the Buyer.

 

18.            PROPRIETARY RIGHTS AND RIGHTS YOU ARE GIVING US TO USE MATERIAL YOU UPLOAD

18.1          When you upload or post content to our Website (“User Content”), you grant us the following rights to use that content:

a)               You retain all your ownership rights in your User Content.

b)               By posting any User Content on the Website, you expressly grant and you warrant that you have a right to grant the Company a royalty-free, transferrable, irrevocable, non-exclusive, worldwide licence to use for the purpose of marketing activities, reproduce, modify, publish, edit, distribute your User Content, in whole or in part, and in any form.

18.2          You also hereby grant each User a non-exclusive licence to access your User Content as permitted through the functionality of the Website and under this Agreement.

 

19.             CONFIDENTIALITY

19.1          Each party undertakes that it shall not at any time during this Agreement, and for a period of five years after termination of this Agreement, disclose to any person any confidential information concerning the business, affairs, customers, clients or suppliers of the other party or of any member of the group of companies to which the other party belongs, except as permitted by clause 26.2.

19.2         Each party may disclose the other party's confidential information:

(a)             to its employees, officers, representatives or advisers who need to know such information for the purposes of exercising the party’s rights or carrying out its obligations under or in connection with this Agreement who have confidentiality obligations no less restrictive than set out hereon in. Each party shall ensure that its employees, officers, representatives or advisers to whom it discloses the other party's confidential information comply with this clause 26; and

(b)             as may be required by law, a court of competent jurisdiction or any governmental or regulatory authority.

19.3          Each party will protect the confidential information with no less reasonable care than it protects its own confidential information.

19.4          No party shall use any other party's confidential information for any purpose other than to exercise its rights and perform its obligations under or in connection with this Agreement.

19.5          Neither party shall be responsible for any loss, destruction, alteration or disclosure of Confidential Information caused by any third party.

19.6          This clause 26 shall survive termination of this Agreement, however arising.

 

20.             INDEMNITY

20.1           You agree to indemnify the Company against all liabilities, costs, expenses, damages and losses (including but not limited to any direct, indirect or consequential losses, loss of profit, loss of reputation and all interest, penalties and legal costs (calculated on a full indemnity basis) and all other professional costs and expenses) arising out of your breach of this Agreement.

 

21.             NO GUARANTEE

21.1          The Company does not guarantee continuous or uninterrupted access to the Holistic.Services Marketplace or that the Holistic.Services Marketplace will not be free from interference from factors outside of the Company’s control.

21.2           The Company makes no guarantee of any sales to Seller's promoted through our Website or social media pages and takes no responsibility for the number (or lack thereof) of sales the Seller receives.


22.             WE ARE NOT RESPONSIBLE FOR VIRUSES AND YOU MUST NOT INTRODUCE THEM

22.1          The Website is provided without warranties of any guarantee that the Website will be secure or free from bugs, errors, omissions, viruses, Trojans or the like.

22.2          You are responsible for configuring your information technology, computer programmes and platform to access our Website. You should use your own virus protection software.

 

23.             RULES ABOUT LINKING TO OUR WEBSITE

23.1          You may link to our home page, provided you do so in a way that is fair and legal and does not damage our reputation or take advantage of it.

23.2          You must not establish a link in such a way as to suggest any form of association, approval or endorsement on our part where none exists.

23.3          You must not establish a link to our Website in any website that is not owned by you.

23.4          Our Website must not be framed on any other site, nor may you create a link to any part of our Website other than the home page or the Seller's own listings.

23.5          We reserve the right to withdraw linking permission without notice.

23.6          The website in which you are linking must comply in all respects with the content standards set out in in this Website.

23.7          If you wish to link to or make any use of content on our Website other than that set out above, please contact admin@holistic.services.

23.8          If you access a third party website from the Website you do so at your own risk and you undertake that this Agreement and the Company’s Privacy Policy do not apply to your use of such sites.

 

24.             LIMITATION OF LIABILITY

24.1          We do not exclude or limit our liability to you where it would be unlawful to do so.  

24.2          This clause 24 sets out the entire financial liability of the Company (including any liability for the acts or omissions of its employees, agents and sub-contractors):

(a)              arising under or in connection with this Agreement; and

(b)              in respect of any representation, misrepresentation (whether innocent or negligent), statement or tortious act or omission (including negligence) arising under or in connection with this Agreement. Except as expressly and specifically provided in this Agreement, all warranties, representations, conditions and all other terms of any kind whatsoever implied by statute or common law are, to the fullest extent permitted by applicable law, excluded from this Agreement.

24.3          Nothing in this Agreement excludes the liability of the Company:

(a)             for death or personal injury caused by the Company's negligence;

(b)             for fraud or fraudulent misrepresentation; or

(c)              for breach of your legal rights.

24.4          The Company tries to keep our Website safe, secure, and functioning properly, but we cannot guarantee the continuous operation of or access to our Website.

24.5          You agree that you are making use of our Website at your own risk, and that they are being provided to you on an "AS IS" and "AS AVAILABLE" basis. Accordingly, to the extent permitted by applicable law, we exclude all express or implied warranties, terms and conditions including, but not limited to, implied warranties of merchantability, fitness for a particular purpose, and non-infringement.

24.6          In addition, to the extent permitted by applicable law, we (including our parent, subsidiaries, and affiliates, and our and their officers, directors, agents and employees) are not liable, and you agree not to hold us responsible, for any damages or losses (including, but not limited to, loss of money, goodwill or reputation, profits, other intangible losses, or any special, indirect, or consequential damages) resulting directly or indirectly from:

    • the non-delivery or damage of any Product/Service purchased on our Website;
    • the content you provide (directly or indirectly) using the Website;
    • your use of or your inability to use our Website;
    • pricing, shipping, format, or other guidance provided by the Website;
    • delays or disruptions on our Website;
    • viruses or other malicious software obtained by accessing or linking to the Website;
    • glitches, bugs, errors, or inaccuracies of any kind in our Website;
    • damage to your hardware device from the use of the Website;
    • the content, actions, or inactions of third parties, including items listed using our Website or the destruction of allegedly fake items;
    • a suspension or other action taken with respect to your account or breach of this Agreement;
    • the duration or manner in which your listings appear in search results; or
    • your need to modify practices, content, or behaviour, or your loss of or inability to do business, as a result of changes to this Terms of Use or our policies.

Some jurisdictions do not allow the disclaimer of warranties or exclusion of damages, so such disclaimers and exclusions may not apply to you.

24.7          The Company takes no responsibility and assumes no liability for any User Content that you or any other User or third party posts.

24.8          The User shall be responsible for their own User Content and the consequences of posting or publishing it.

24.9          The User understands and agrees that any loss or damage of any kind that occurs as a result of the use of any User Content is solely the User’s responsibility.

24.10       Under no circumstances will the Company be responsible for any damage or loss due to hacking or other unauthorised access or use of the Website or the information contained therein.

24.11       If you have a dispute with one or more users, you release us (and our affiliates and subsidiaries, and our and their respective officers, directors, employees and agents) from claims, demands and damages (actual and consequential) of every kind and nature, known and unknown, arising out of or in any way connected with such disputes. In entering into this release you expressly waive any protections (whether statutory or otherwise) that would otherwise limit the coverage of this release to include only those claims which you may know or suspect to exist in your favor at the time of agreeing to this release.

 

25            CONSEQUENCES OF TERMINATION

25.1        On termination of this Agreement for any reason:

(a)          all licences and benefits granted under this Agreement shall immediately terminate (save for as set out below) ;

(b)          each party shall return and make no further use of any equipment, property, materials and other items (and all copies of them) belonging to the other party;

(c)          the accrued rights of the parties as at termination, or the continuation after termination of any provision expressly stated to survive or implicitly surviving termination, shall not be affected or prejudiced;

(d)          the above licensing terminates within a commercially reasonable period of time after you remove or delete your User Content from the Website; and

(e)          you understand and agree, that the Company may retain, but not display, or distribute further copies of User Content that may have been removed or deleted from the Website.

 

26            FORCE MAJEURE

26.1        Neither party shall be in breach of this Agreement nor liable for delay in performing, or failure to perform, any of its obligations under this Agreement if such delay or failure result from events, circumstances or causes beyond its reasonable control. In such circumstances the affected party shall be entitled to a reasonable extension of the time for performing such obligations.

 

27            WAIVER

27.1         No failure or delay by a party to exercise any right or remedy provided under this Agreement or by law shall constitute a waiver of that or any other right or remedy save for where expressly set out in this Agreement. Nor shall it prevent or restrict the further exercise of that or any other right or remedy. No single or partial exercise of such right or remedy shall prevent or restrict the further exercise of that or any other right or remedy.

 

28            LEGAL COMPLIANCE AND TAXES

28.1        You shall comply with all applicable domestic and international laws and regulations regarding your use of the Website.  You will also be responsible for paying any and all taxes applicable to any purchases or sales you make on the Website.

 

29            RIGHTS AND REMEDIES

29.1        The rights and remedies provided under this Agreement are in addition to, and not exclusive of, any rights or remedies provided by law.

 

30            SEVERANCE

30.1         If any provision or part-provision of this Agreement is or becomes invalid, illegal or unenforceable, it shall be deemed modified to the minimum extent necessary to make it valid, legal and enforceable. Any modification to or deletion of a provision or part-provision under this clause shall not affect the validity and enforceability of the rest of this Agreement.

 

31            ENTIRE AGREEMENT

31.1        This Agreement together with any amendments and any documents or policies referred to hereon in shall constitute the entire agreement between the parties and supersedes and extinguishes all previous agreements, promises, assurances, warranties, representations and understandings between them, whether written or oral, relating to its subject matter.

31.2        Each party agrees that it shall have no remedies in respect of any statement, representation, assurance or warranty (whether made innocently or negligently) that is not set out in this Agreement. Each party agrees that it shall have no claim for innocent or negligent misrepresentation or negligent misstatement based on any statement in this Agreement.

31.3        Nothing in this clause shall limit or exclude any liability for fraud.

 

32            ASSIGNMENT

32.1        This Agreement, and any rights and licences granted herein under, may not be transferred or assigned by you without the prior written consent of the Company.

32.2        The Company may at any time assign, transfer, mortgage, charge, subcontract, declare a trust over or deal in any other manner with any or all of its rights or obligations under this Agreement.

 

33            NO PARTNERSHIP OR AGENCY

33.1         Nothing in this Agreement is intended to, or shall be deemed to, establish any partnership or joint venture between any of the parties, constitute any party the agent of another party, nor authorise any party to make or enter into any commitments for or on behalf of any other party.

 

34            VARIATION

34.1        The Company reserves the right to modify or terminate the Website for any reason, without notice, at any time.

34.2        The Company reserves the right to alter this Agreement or Website policies at any time.  If the Company makes any changes they will notify you by means of a notice on the Company’s home page.

 

35            THIRD PARTY RIGHTS

35.1         A person who is not a party to this Agreement shall not have any rights to enforce any term of this Agreement.

 

36            NOTICES

36.1        The Company may provide notifications whether required by law, some other business related purpose connected with this Agreement.

36.2        The Company reserves the right to determine the form and means of providing notifications to Users and is not responsible for any filtering you or your network provider may apply to email notifications we send to the email address you provide us.

 

37            INTELLECTUAL PROPERTY INFRINGEMENT

37.1        The Company respects the intellectual property of others.  If you consider your intellectual property rights are being infringed, please complete our notice here.

 

38             COOKIES

38.1         As a result of viewing this Website some information may become stored on your computer. This information may be in the form of a 'cookie' or similar file which may help us in many ways, for instance to improve the content of this Website or to improve the matching of users interests or preferences. If you do not want a cookie to be stored on your computer, most Internet browsers have functions to erase cookies from the computer's hard drive, to block all cookies or to receive a warning before a cookie is stored. You are welcome to use such facilities to prevent the installation of any cookie but by accessing this Website you consent to our use of any information gathered for the purposes mentioned above. Cookies are however required to use password protected parts of this Website.

 

TERMS OF USE (SELLER)

HOLISTIC.SERVICES MARKETPLACE

Please read this Agreement carefully.

This Seller Terms and Conditions explains the terms by which you may use the Holistic.Services Marketplace Website as a Seller. If you are a Seller, in addition to these Seller Terms and Conditions, you must agree to our Terms of Use (above).

By accessing or using our Website, you confirm that you have read, understood and agreed to and be bound by the Terms of Use including the Privacy Policy (above) and any other additional terms and conditions or policies referred to herein or on the Website (altogether the “Agreement”).

Holistic.Services shall have no liability for your interactions with other Users, or for any User’s action(s) or inaction(s).

If you do not agree to these terms, you must not use our Website.

We recommend that you print a copy of these terms for future reference.

 

1               SELLER’S ACCOUNTS

1.1           When creating a Seller’s Account (and for ID verification purposes), you may be asked to provide accurate and complete information including:

(a)             your full business name and any trading name;

(b)            company registration number (if applicable);

(c)            current registered address and trading address (if different);

(d)            valid email address;

(e)            telephone number;

(f)             your bank account details;

(g)             your GST / Tax registration number;

(h)            the Seller’s Policy (including delivery, returns and money back guarantee).

1.2           The Seller is responsible for maintaining the confidentiality of their account and all activities on their Seller’s Account.

1.3           The Seller must notify the Company immediately if there has been any unauthorised use of their Seller’s Account or they have reason to believe their password has become known to anyone else.

1.4           By providing the Company with your email address you accept the Company to using the email address provided for any notices.

1.5           The Seller may cancel their Seller’s Account at any time online providing all Transactions have been fulfilled or a full refund has been provided.

1.6           Sellers may only hold one Seller’s Account  at any one time which must only be operated by the Seller.

1.7           If a Seller requires a second Seller’s Account the Seller must obtain prior written permission from the Company.

1.8           The Seller cannot sell or transfer the Seller’s Account without prior written permission from the Company.

 

2               SELLERS ACCOUNT DETAILS MUST BE KEPT SAFE

2.1           If provided with, a seller identification code, password or any other piece of information as part of our security procedures, you must treat such information as confidential. You must not disclose it to any third party.

2.2           We have the right to disable any user identification code or password, whether chosen by you or allocated by us, at any time, if in our reasonable opinion you have failed to comply with any of the provisions in this Agreement.

2.3           If you know or suspect that anyone other than you knows your user identification code or password, you must promptly notify us at admin@holistic.services.

 

3               SELLER’S OBLIGATIONS

3.1           The Seller may list any Products/Services on the Website that is not a Restricted Product/Service or otherwise prohibited by law.

3.2            Further without limitation, the Seller may not list any Product/Service or link or post any related material that:

(a)             infringes any third-party intellectual property rights (including copyright, trademark, patent and trade secrets) or other proprietary rights (including rights of publicity or privacy); or

(b)             constitutes libel or slander or is otherwise defamatory.

3.3            The Seller will accurately describe the Products and Services for sale.

3.4            As a Seller, you use the Website at your own risk.

3.5            By listing a Product or Service you represent and warrant to Buyers that you have the right and ability to sell, the listing is accurate, current and complete and is not misleading or otherwise deceptive and is of satisfactory quality.

3.6           The Seller will determine the purchase price for each Product/Service the Seller lists on the Website.

3.7           The Seller agrees by posting a listing for a purchase price the Seller agrees to complete the transaction as detailed in this Agreement.  The Seller acknowledges that by not fulfilling these obligations, their action or inaction may be legally actionable.

3.8           The Company reserves the right to refuse access to the Seller’s Account, remove or edit content without notice if the Company in its sole discretion considers this Agreement or laws are being breached or have been breached.

3.9           The Seller agrees by selling on the Website that the Seller will:

(a)             provide honest, accurate and not misleading information;

(b)             accurately represent their products in listings and listing photographs;

(c)             comply with the Intellectual Property of others;

(d)             not upload content that is abusive, threatening, defamatory, harassing, obscene or vulgar;

(e)             violate someone else’s privacy;

(f)              false, deceptive or misleading.

3.10         The Seller shall comply with all applicable laws and regulations with respect of its activities under this Agreement and to its business.

 

4            PROHIBITED ACTIVITIES

4.1        You are solely responsible for your conduct, uploads, posts, content and submissions (“Activities”) on the Website and must not engage in any Prohibited Activities, which includes, but is not limited to:

    • the listing and/or selling of Restricted Products/Services.
    • providing false, inaccurate or misleading information;
    • fraudulent activity;
    • impersonating any person or entity;
    • furnishing false data including false names, addresses and contact details;
    • fraudulent use of credit/debit card numbers;
    • sale of illegal, counterfeit or stolen products;
    • infringement of any third party intellectual property rights;
    • breaching rights of publicity or privacy;
    • breaches of this Agreement, any additional terms and conditions or policies referred to herein or on the Website;
    • breaches of domestic or applicable international laws;
    • extortion; attempt to manipulate reviews through threats, intimidation or bribery.
    • any attempt to manipulate reviews;
    • offering products, goods, services or compensation in exchange for a positive review;
    • shilling;
    • drop shipping;
    • listing and selling food products not stored or delivered according to their packaging, in packaging that is not intact, opened or tampered with in any way;
    • food items that have expired or subject to recall by the Food Standards Agency;
    • products intended for use in the diagnosis, treatment, cure or prevention of disease;
    • products with drug or medicinal claims;
    • food items not properly packaged and/or sealed to ensure the Buyer can tell if they have been tampered with.

 

5            CUSTOMER SERVICE

5.1         The Company expects Sellers to provide high levels of customer service to Buyers and Users.

5.2         Sellers agree:

(a)          to honour, advertised shopping and processing times;

(b)          to complete transactions with Buyers in a prompt manner;

(c)          to respond to feedback in a timely manner;

(d)          to honour commitments you make in your listings;

(e)          to resolve disagreements or disputes directly with the Buyer in a timely and professional manner;

(f)           if you are unable to complete a Transaction you must notify the Buyer and cancel the Transaction and make a full refund.

5.3         If a dispute arises in relation to the sale of a Product on the Website, the Seller is required to resolve the dispute with the Buyer. If Buyer and Seller fail to resolve a dispute, Seller must notify the Company in writing within 14 days of purchase by the Buyer. Failure to notify the Company within 14 days shall result in the waiver by the Seller of any claim relating to any such disputed payment.

 

6            FEES AND PAYMENT

6.1        The Website operates on a Subscription Model. Please refer to ‘Pricing’ page at https://holistic.services/pricing, to view current Subscription prices and plans.  Subscriptions are offered on a monthly or annual basis (365 calendar day duration).

6.2         The Seller can cancel their Subscription anytime. The Company holds a strict no refund policy on any Subscription payments made by the Seller.

6.3         The Website acts as a marketplace for the sale of goods and services in which a Seller lists a product for sale, and upon the Buyer purchasing a Product, the Company software facilitates the collection of payment.  The Company uses the Stripe Payment System to make payments to the Seller's nominated bank account. Where payment is processed through the Company site, the Seller should expect to receive funds no later than 5 business days following the purchase transaction.

6.4        The Company acknowledges and agrees that no payments are due to it under this Agreement otherwise than as expressly set out in this Agreement.

6.5         Contribution to marketing (where applicable), is a percentage of the net sales price including delivery charges and GST (or local applicable sales tax).

6.6         Payments will be made to the Seller via Stripe, it is a requirement for the Seller to enter legitimate bank account details in the Seller's profile payment details.


7             LISTING

7.1         By listing a Product or Service on the Website you warrant that you may legally sell the Product or Service and will comply with the terms of this Agreement and any additional terms and conditions or policies referred to hereon in or on the Website.

7.2          All Products and Services must:

(a)           be clearly and accurately described and be of satisfactory quality;

(b)           free from fault;

(c)           undertaken with reasonable skill and care;

(d)           comply with all applicable statutory and regulatory requirements relating to the manufacturer, labelling, packaging, storage, handling and delivery of the Products, and any regulatory bodies or associations for Services;

(e)           listed appropriately in categories;

(f)            all prices are clearly listed in Australian Dollars (AUD) showing the rate of GST (or local sales tax) applicable with any additional charges unless clearly marked otherwise;

(g)           state available time(s);

(h)           available or has an end date for enrolments, or clearly state if no longer available or be removed from the Website;

(i)            properly packed as to enable the Products to reach the destination in good condition;

(j)            food products listed showing their expiry date;

(k)           delivered to the delivery location during normal business hours or as instructed by the Buyer.

7.3         The Seller, at all times, has and maintains all the licences, permissions, authorities, consents and permits that it needs to sell Products/Services to the Buyer.

7.4         The Seller is responsible for the stock, handling and shipping of the Products to the Buyer.

7.5        All deliveries must be made within the Seller’s quoted delivery time.

7.6        Sellers may charge reasonable shipping and delivery fees to cover the costs for packing and delivering the Products.  Such fees must be clearly stated near to the Product price and in the Basket.

 

8            LISTING FEES AND PAYMENT

8.1        If the Company increase their fees the Company will notify the Seller with 30 days’ prior notice where possible.

8.2        All Fees are quoted in AUD.

8.3        The Seller is responsible for paying all Fees and applicable taxes associated with using the Website.

8.4        All Fees are deducted at the point of sale.

8.5        Your account may be suspended or terminated without prior notice in the event Fees are unpaid.

8.6        Payment will be made to the Seller pursuant to clause 6.

8.7        The Company may add new features or content to the Website for additional fees and charges or amend content, fees and charges for existing services, at any time in its sole discretion.

 

9            FEE AVOIDANCE

Sellers must not alter Product or Service prices after a sale or encourage Buyers to purchase Products or Services outside of the Website.


If you have any questions or comments relating to these Terms of Use. Please email admin@holistic.services