Terms & Conditions
WHAT PARTS OF THESE TERMS APPLY TO ME?
This agreement governs your use of the Bevo Shelves marketplace platform, accessible at https://bevoshelves.com (Platform) and any goods or services made available through the Platform. By using the Platform, you agree to be bound by this agreement which forms a binding contractual agreement between you, the User, and us, Bevo Shelves Pty Ltd ABN 37 648 543 480 (Bevo Shelves, we or us).
The remainder of this agreement is divided into three parts:
- Part A (All Users), which sets out terms that apply to all Users;
- Part B (Sellers), which sets out additional terms that apply to Sellers, being Users who register for a Seller Account and/or offer to sell goods or services through the Platform; and
- Part C (Buyers), which sets out additional terms that apply to Buyers, being Users who register for a Buyer Account and/or offer to buy goods or services through the Platform.
If you intend to use the Platform as a Seller, only Parts A and B of these terms will apply to you.
If you intend to use the Platform as a Buyer, only Parts A and C of these terms will apply to you.
When we talk about the “Goods” in this agreement, we are referring to the beverages and other goods available through the Platform.
If you access or download our mobile application from the Apple App Store, you agree to Apple’s Licensed Application End User License Agreement and any Usage Rules set forth in the App Store Terms of Service or the Android, Google Inc. Terms and Conditions including the License Agreement and Terms of Application.
Part A All Users
(a) This Platform is not intended for unsupervised use by any person under the age of 18 years old (Minor) or any person who has previously been suspended or prohibited from using the Platform. By using the Platform, you represent and warrant that you:
(i) have not been suspended or prohibited from using the Platform; and
(ii) are over the age of 18 years and accessing the Platform for personal use or its intended commercial use.
(b) Please do not access the Platform if you are a Minor or if you have previously been suspended or prohibited from using the Platform.
(c) The sale of liquor to a Minor, or to an adult on behalf of a Minor, is not permitted on the Platform.
(d) If you use the Platform on behalf of a company or organisation you warrant that you have the necessary authority from that company or organisation to do so. If you are signing up not as an individual but on behalf of your company, your employer, an organisation, government or other legal entity (Represented Entity), then “you” and “User” means the Represented Entity and you are binding the Represented Entity to this agreement. If you are accepting this agreement and using our Platform on behalf of a Represented Entity, you represent and warrant that you are authorised to do so.
(a) In order to use most of the functionality of the Platform, all Users are required to sign-up,register and receive an account through the Platform (an Account).
(b) As part of the Account registration process and as part of your continued use of thePlatform, you are required to provide personal information and details, such as your email address, first and last name, preferred username, a secure password, billing, postal and physical addresses, mobile phone number, bank account information, and other information as determined by Bevo Shelves from time to time. You will also be required to provide information about your business, including any applicable registration numbers or required licences in order to use the Platform.
(c) You warrant that any information you give to Bevo Shelves in the course of completing the Account registration process will always be accurate, honest, correct and up-to-date.
(d) Correspondence between Users must take place on the Platform. You agree to ensure that your Account does not display any of your personal contact information at any time such that it can be viewed by any other User. You agree to not give your contact details to any other User.
(e) Once you complete the Account registration process, Bevo Shelves may, in its absolute discretion, choose to accept you as a registered user within the Platform and provide you with an Account.
(f) Bevo Shelves reserves the right to contact you about any concerning behaviour by you or to seek a resolution with you.
(g) Bevo Shelves may, in its absolute discretion, suspend or cancel your Account for any reason, including for any failure to comply with this agreement.
(a) In order to use and access the benefits of the Platform, you must sign up to a membership subscription as described on the Platform (Membership).
(b) You must pay the fees for the Membership in the amounts, at the times, and using the payment method set out on the Platform (Membership Fees).
(c) Bevo Shelves reserves the right to:
(i) change the terms of any Membership and Membership Fees (by providing you with reasonable notice); and
(ii) terminate your Account, cancel your Membership or suspend you from thePlatform at any time if you do not pay your Membership Fees within 7 days of its due date.
4 TRADE PARTNERS
(a) Bevo Shelves may provide links to third-party companies, agencies, organisations or departments (Trade Partners) owned and operated by third parties that are not under the control of Bevo Shelves;
(b) Bevo Shelves may post information on the goods and service offerings of Trade Partners(Trade Partner Listings), which are based on the information provided by TradePartners and are subject to the terms and conditions of the Trade Partners;
(c) the provision by Bevo Shelves of Trade Partner Listings does not imply any endorsement or recommendation by Bevo Shelves of any Trade Partner or Trade Partner Listing;
(d) Bevo Shelves has no obligation to verify the identity of Trade Partners or any information on a Trade Partner Listing and you should make your own inquiries as to the identities ofTrade Partners and the information on a Trade Partner Listing before engaging in contracts with those Trade Partners or pursuing any goods or services in a Trade PartnerListing;
(e) there is no functionality on the Platform to communicate with a Trade Partner and you must contact the Trade Partner directly to pursue a Trade Partner Listing; and
(f) any terms and conditions relating to a Trade Partner Listing or quote provided by a TradePartner constitute a contract between you and the Trade Partner once agreed and do not involve Bevo Shelves in any way. Bevo Shelves is not a party to any contract between you and a Trade Partner.
5 USER OBLIGATIONS
As a User, you agree:
(a) not to intimidate, harass, impersonate, stalk, threaten, bully or endanger any other User or distribute unsolicited commercial content, junk mail, spam, bulk content or harassment;
(b) to not share your Account with any other person and that any use of your Account by any other person is strictly prohibited. You must immediately notify Bevo Shelves of any unauthorised use of your Account, password or email, or any other breach or potential breach of the Platform’s security;
(c) to not use the Platform for any purpose other than for the purpose of making arrangements to provide or receive Goods, including:
(i) you must not use the Platform in a manner that is illegal or fraudulent or facilitates illegal or fraudulent activity (including requesting or accepting a job or a sale which includes illegal goods, activities or purposes); and
(ii) you must not use the Platform in connection with any commercial or moneymaking or other promotional or marketing endeavours except those that are endorsed herein, or as approved in writing by Bevo Shelves;
(d) not to act in any way that may harm the reputation of Bevo Shelves or associated or interested parties or do anything at all contrary to the interests of Bevo Shelves or thePlatform;
(e) you must not make any automated use of the Platform and you must not copy, reproduce, translate, adapt, vary or modify the Platform without the express written consent of Bevo Shelves;
(f) that Bevo Shelves may change any features of the Platform or Goods offered through thePlatform at any time without notice to you;
(g) that information given to you through the Platform, by Bevo Shelves or another User including a Seller, is general in nature and we take no responsibility for anything caused by any actions you take in reliance on that information; and
(h) that Bevo Shelves may cancel your account at any time, including if it considers, in its absolute discretion, that you are in breach or are likely to breach this clause 3.
5 POSTED MATERIALS
By providing or posting any information, materials or other content on the Platform (Posted Material), you represent and warrant that:
(a) you are authorised to provide the Posted Material (including by being authorised to provide any services that you represent you provide);
(b) the Posted Material is accurate and true at the time it is provided;
(c) any Posted Material which is in the form of a review or feedback is honest, accurate and presents a fair view of the relevant person and/or your experience;
(d) the Posted Material is free from any harmful, discriminatory, defamatory or maliciously false implications and does not contain any offensive or explicit material;
(e) the Posted Material is not “passing off” of any product or service and does not constitute unfair competition;
(f) the Posted Material does not infringe any Intellectual Property Rights, including copyright, trademarks, business names, patents, confidential information or any other similar proprietary rights, whether registered or unregistered, anywhere in the world;
(g) the Posted Material does not contain any viruses or other harmful code, or otherwise compromise the security or integrity of the Platform or any network or system; and
(h) the Posted Material does not breach or infringe any applicable laws, including the LiquorControl Act 1988.
(a) You grant to Bevo Shelves a perpetual, irrevocable, transferable, worldwide and royalty-free licence (including the right to sublicense) to use, copy, modify, reproduce and adapt any Intellectual Property Rights in any Posted Material in order for Bevo Shelves to use, exploit or otherwise enjoy the benefit of such Posted Material.
(b) If it is determined that you retain moral rights (including rights of attribution or integrity) in any Posted Material, you forever release Bevo Shelves from any and all claims that you could assert against Bevo Shelves by virtue of any such moral rights.
(c) You indemnify Bevo Shelves against all damages, losses, costs and expenses incurred by Bevo Shelves arising out of any third party claim that your Posted Material infringes any third party’s Intellectual Property Rights.
(a) Bevo Shelves acts as a passive conduit for the online distribution of Posted Material and has no obligation to screen Posted Material in advance of it being posted. However, BevoShelves may, in its absolute discretion, review and remove any Posted Material (including links to you, your profile or Online Storefronts you have posted on the Platform) at any time without giving any explanation or justification for removing the Posted Material.
(b) You agree that you are responsible for keeping and maintaining records of PostedMaterial.
7 REFUNDS, SERVICE INTERRUPTIONS AND CANCELLATIONS
Bevo Shelves will have no liability or obligation to you if:
(a) a Buyer or Seller cancels at any time after the time for performance of the Order (defined in clause 3 of Part B of this agreement) is agreed; or
(b) for whatever reason, including technical faults, the Goods cannot be provided,
and you will not be entitled to any compensation from Bevo Shelves.
8 IDENTITY AND BUSINESS VERIFICATION
(a) (Verification) We may offer or require Users to verify their details, using our processes or an external identity verification service as applicable (Verification Service).
(i) we may contact and share your personal information and sensitive information with a Verification Service to verify your details; and
(ii) you consent to us receiving, sharing and using this information to enable us to carry out Verification Services.
(c) (Fees) We may charge fees for Verification Services, as set out on the Platform.
(d) (Warranty and Indemnity) You acknowledge and agree that:
(i) we are reliant on the information provided by the Verification Service to verify your identity and to the extent permitted by law, we disclaim all warranties that the Verification Services will be accurate or guarantee that Verification Services will ensure you contract with a suitable User;
(ii) you should make your own enquiries as to other Users’ identities before engaging in contracts with those Users; and
(iii) we do not endorse any User, Online Storefront or Verification Service.
9 RATINGS AND REVIEWS
(a) Buyers may rate a Seller, and Sellers may rate a Buyer (each a ‘Rating’) and Users may provide feedback to other Users regarding the relevant Goods or experience with that user (Review).
(b) Ratings and Reviews may be able to be viewed by other Users and these may remain viewable until the relevant Account and/or Online Storefront is removed or terminated.
(c) Users must provide true, fair and accurate information in their Reviews.
(d) If we consider that a Review is untrue, unfair, inaccurate, offensive or inappropriate, we may delete the Review or ban the relevant User from posting the Review, or future reviews. We do not undertake to review each Review made by a User.
(e) To the maximum extent permitted by law, we are not responsible for the content of any reviews.
(f) You must not publish Reviews for Users to which you have personal or professional relations.
(g) Users can only write a Review about another User if they have had a buying or selling experience with that User, which means that:
(i) they have purchased a product or service from that Seller;
(ii) they have sold a product or service to that Buyer;
(iii) you have placed an order with the Seller;
(iv) you have had an order placed with you by the Buyer; or
(v) you can otherwise document that you had a buying or selling experience with that User, including via correspondence or other interaction with the User,(collectively referred to as a Service Experience).
(h) You must only write about your own Service Experience. You are not permitted to write a review about somebody else’s Service Experience, such as that of a family member or friend.
(i) You must not write a review about a Seller you have previously owned, currently, own, or which an immediate family member currently owns, or if you are an executive or employee of that Seller, or work for the Seller. Similarly, you must not write a Review about a direct competitor to the Seller you own, are employed by or work for.
(j) Your Service Experience must have occurred within the last 12 months. This means within 12 months from the date on which you write the Review.
(k) You are encouraged to be specific and factual in your Reviews. If you have been offered an incentive by a User to write a Review, you should include information about this in your Review. Incentives include the User offering you a gift, reward, discount oradvantage for writing a Review about the User on the Platform.
10 ONLINE PAYMENT PARTNER
(a) We may use a third-party online payment partner (Online Payment Partner) to collect payments on the Platform, including for Membership Fees.
(b) The processing of payments by the Online Payment Partner will be, in addition to this agreement, subject to the terms, conditions and privacy policies of the Online PaymentPartner.
(c) As part of your continued use of the Platform, you may be required to create an account and provide your personal information to the Online Payment Partner in order to receive and/or provide payments on the Platform. The collection of your personal and/or sensitive information will be set out in the privacy policies of the Online Payment Partner.
(d) You agree to release Bevo Shelves and its employees and agents in respect of all liability for loss, damage or injury which may be suffered by any person arising from any act or omission of the Online Payment Partner, including any issue with security or performance of the Online Payment Partner’s platform or any error or mistake in processing your payment.
(e) We reserve the right to correct, or to instruct our Online Payment Partner to correct, any errors or mistakes in collecting your payment.
11 SERVICE LIMITATIONS
The Platform is made available to you strictly on an ‘as is’ basis. While we will use our best endeavours to provide a secured and confidential Platform, without limitation, you acknowledge and agree that Bevo Shelves cannot and does not represent, warrant or guarantee that:
(a) the Platform will be free from errors or defects;
(b) the Platform will be accessible at all times; or
(c) messages sent through the Platform will be delivered promptly, or delivered at all.
12 INTELLECTUAL PROPERTY
(a) Bevo Shelves retains ownership of all materials developed or provided (or both, as the case may be) in connection with the Platform (including text, graphics, logos, design, icons, images, sound and video recordings, pricing, downloads and software) (PlatformContent) and reserves all rights in any Intellectual Property Rights owned or licensed by it not expressly granted to you.
(b) You may make a temporary electronic copy of all or part of the Platform Content for the sole purpose of viewing it. You must not otherwise reproduce, transmit, adapt, distribute, sell, modify or publish the Platform Content without prior written consent from BevoShelves or as permitted by law.
(c) In this clause 12, “Intellectual Property Rights” means all copyright, trade mark, design, patent, semiconductor and circuit layout rights, trade, business, company and domain names, confidential and other proprietary rights, and any other rights to registration of such rights whether created before or after the date of this agreement both in Australia and throughout the world.
13 THIRD PARTY CONTENT
The Platform may contain text, images, data and other content provided by a third party and displayed on the Platform (Third Party Content). Bevo Shelves accepts no responsibility for Third-Party Content and makes no representation, warranty or guarantee about the quality, suitability, accuracy, reliability, currency or completeness of Third Party Content.
14 THIRD PARTY TERMS
(a) Any service that requires Bevo Shelves to acquire goods and services supplied by a third party on behalf of the Buyer may be subject to the terms and conditions of that third party(Third Party Terms), including ‘no refund’ policies.
(b) Users agree to familiarise themselves with any Third Party Terms applicable to any such goods and services and, by instructing Bevo Shelves to acquire the goods or services on the User’s behalf, the User will be taken to have agreed to such Third Party Terms.
15 DISPUTES BETWEEN USERS
(a) You should direct any complaint relating to another User to that User. Users must take all reasonable steps to resolve any dispute with another User with that User.
(b) If any issue or problem relating to the Platform remains unresolved after directing a complaint to a relevant User, or if the complaint does not relate to another User, you must report it to Bevo Shelves via the functionality available on the Platform. We will assess the complaint and attempt to quickly and satisfactorily resolve it.
(c) Bevo Shelves reserves the right to hold funds in relation to a dispute until the dispute is resolved, either by us, the relevant parties or by a mediator or arbitrator. We reserve the right to disperse funds held by us as we see fit, including by providing a Buyer a refund.
(d) Any costs you incur in relation to a complaint or dispute will be your responsibility.
(e) Bevo Shelves has the option to appoint an independent mediator or arbitrator if needed. The cost of any mediator or arbitrator must be shared equally between each of the parties to the dispute.
(f) If you have a dispute with Bevo Shelves, you agree to notify us first and enter into discussion, mediation or arbitration with us for a minimum of a 120-day period before pursuing any other proceedings.
(g) If a Buyer has purchased a Membership that includes an appointed inspector to inspect goods, Bevo Shelves reserves the right to investigate any issues with Orders.
(h) Notwithstanding any other provision of this clause 15, you or Bevo Shelves may at anytime cancel your Account, your Membership or discontinue your use of the Platform.
Bevo Shelves does not accept responsibility for loss or damage to computer systems, mobile phones or other electronic devices arising in connection with your use of the Platform. You should take your own precautions to ensure that the process you employ to access the Platform does not expose you to the risk of viruses, malicious computer code or other forms of interference.
(a) (Introduction service) Bevo Shelves is a medium that facilitates the introduction of Buyers and Sellers for the purposes of buying and selling Goods. Bevo Shelves simply collects a Transaction Fee in consideration for providing this introduction service and does not have any obligations or liabilities to, and is not a party to any contract between, Buyers and Sellers in relation to such Goods or otherwise resulting from the introduction.
(b) (Compliance with laws) It is your responsibility to comply with all applicable laws, regulations and industry standards that apply to the buying and selling of the Goods. Bevo Shelves will not be responsible or liable for any failure to comply with any applicable laws, regulations or industry standards by Sellers or Buyers who use the Platform.
(c) (Limitation of liability) To the maximum extent permitted by applicable law, BevoShelves excludes completely all liability to any person for loss or damage of any kind, however arising whether in contract, tort (including negligence), statute, equity, indemnity or otherwise, arising from or relating in any way to the Platform or its use or any services provided by any Seller. This includes the transmission of any computer virus.
(d) (Disclaimer) All express or implied representations and warranties are, to the maximum extent permitted by applicable law, excluded. Where any law (including the Competition and Consumer Act 2010 (Cth)) implies a condition, warranty or guarantee into this agreement which may not lawfully be excluded, then to the maximum extent permitted by applicable law, Bevo Shelves’s liability for breach of that non-excludable condition, warranty or guarantee will, at our option, be limited to:
(i) in the case of goods, their replacement or the supply of equivalent goods or their repair; and
(ii) in the case of services, the supply of the services again, or the payment of the cost of having them supplied again.
(e) (Indemnity) You agree to indemnify Bevo Shelves and its employees and agents in respect of all liability for loss, damage or injury which may be suffered by any person arising from you or your representatives:
(i) breach of any term of this agreement;
(ii) use of the Platform; or
(iii) your provision or receipt of Goods from another User.
(f) (Consequential loss) To the maximum extent permitted by law, under no circumstances will Bevo Shelves be liable for any incidental, special or consequential loss or damages, or damages for loss of data, business or business opportunity, goodwill, anticipated savings, profits or revenue arising under or in connection with the Platform, this agreement or their subject matter, or any services provided by any Seller (except to the
extent this liability cannot be excluded under the Competition and Consumer Act 2010 (Cth)).
You agree that:
(a) no information owned by Bevo Shelves, including system operations, documents, marketing strategies, staff information and client information, may be disclosed or made available to any third parties; and
(b) all communications involving the details of other users on this Platform and of the Seller are confidential, and must be kept as such by you and must not be distributed nor disclosed to any third party.
20 COLLECTION NOTICE
21 NOTICE REGARDING APPLE
If you are accessing the Platform from the Apple, Inc. (Apple) iOS Store, you acknowledge and agree:
(a) this agreement is between you and Bevo Shelves and not with Apple. Apple is not responsible for the Services or any content available on the Platform;
(b) Apple has no obligation whatsoever to furnish any maintenance and support services for the Platform;
(c) in the event of any failure of Bevo Shelves to conform to any applicable warranty, you may notify Apple, and Apple will refund the price for the Services. To the maximum extent permitted by applicable law, Apple will have no other warranty obligation whatsoever with respect to the Services, and any other claims, losses, liabilities, damages, costs or expenses attributable to any failure to conform to any warranty will be Bevo Shelves’responsibility;
(d) Apple is not responsible for addressing any claims by you or any third party relating to thePlatform, including, but not limited to:
(i) product liability claims;
(ii) any claim that the Services fails to conform to any applicable legal or regulatory requirement; and
(iii) claims arising under consumer protection, privacy, or similar legislation;
(e) in the event of any third party claim that the Platform or your use of the Platform infringes any third party’s intellectual property rights, Apple will not be responsible for the investigation, defence, settlement and discharge of any such claim;
(f) that you represent and warrant that:
(i) you are not located in a country that is subject to a U.S. Government embargo,or that has been designated by the U.S. Government as a “terrorist supporting’”country; and
(ii) you are not listed on any U.S. Government list of prohibited or restricted parties;
(g) you must comply with applicable third party terms of this agreement when using thePlatform; and
(h) Apple, and Apple’s subsidiaries, are third party beneficiaries of this agreement, and that,upon your acceptance of this agreement, Apple will have the right (and will be deemed tohave accepted the right) to enforce this agreement against you as a third partybeneficiary.
(a) Bevo Shelves reserves the right to terminate a User’s access to any or all of the Platform(including any Account, Online Storefront, Membership or Order) at any time without notice, for any reason.
(b) In the event that a User’s Account, access or Membership is terminated:
(i) the User’s access to all posting tools on the Platform will be revoked;
(ii) the User will be unable to view the details of all other Users (including contact details, geographic details, any other personal details, Online Storefront or requests); and
(iii) the User may be unable to view the details of all Sellers (including contact details, geographic details and any other details), and all Online Storefrontspreviously posted by the respective User will also be removed from thePlatform.
(c) Users may terminate their Account or membership on the Platform at any time by using the Platform’s functionality where such functionality is available. Where such functionality is not available, Bevo Shelves will effect such termination within a reasonable time after receiving written notice from the User.
(d) Notwithstanding termination or expiry of your Account or membership or this agreement,the provisions of Part A and any other provision which by its nature would reasonably beexpected to be complied with after termination or expiry, will continue to apply.
You are responsible for the collection and remission of all taxes associated with the services you provide or receive or any transactions through your use of the Platform, and Bevo Shelves will not be held accountable in relation to any transactions between Buyers and Sellers where tax related misconduct has occurred.
24 RECORD / AUDIT
To the extent permitted by law, Bevo Shelves reserves the right to keep all records of any and all transactions and communications made through this Platform between you and other Users (including conversations, user posts, job request bids, comments, feedback, cookies, and I.P. address information) for administration purposes and also holds the right to produce these records in the event of any legal dispute involving Bevo Shelves.
A notice or other communication to a party under this agreement must be:
(a) in writing and in English; and
(b) delivered via email to the other party, to the email address specified in this agreement, or if no email address is specified in this agreement, then the email address most regularly used by the parties to correspond for the purposes of the subject matter of this agreement as at the date of this agreement (Email Address). The parties may update their Email Address by notice to the other party.
(c) Unless the party sending the notice knows or reasonably ought to suspect that an email was not delivered to the other party’s Email Address, notice will be taken to be given:
(i) 24 hours after the email was sent, unless that falls on a Saturday, Sunday or a public holiday in the state or territory whose laws govern this agreement, in
which case the notice will be taken to be given on the next occurring business day in that state or territory; or
(ii) when replied to by the other party,
whichever is earlier.
26.1 GOVERNING LAW AND JURISDICTION
This agreement is governed by the law applying in Western Australia. Each party irrevocably submits to the exclusive jurisdiction of the courts of Western Australia and courts of appeal from them in respect of any proceedings arising out of or in connection with this agreement. Each party irrevocably waives any objection to the venue of any legal process on the basis that the process has been brought in an inconvenient forum.
No party to this agreement may rely on the words or conduct of any other party as a waiver of any right unless the waiver is in writing and signed by the party granting the waiver.
Any term of this agreement which is wholly or partially void or unenforceable is severed to the extent that it is void or unenforceable. The validity and enforceability of the remainder of this agreement is not limited or otherwise affected.
26.4 JOINT AND SEVERAL LIABILITY
An obligation or a liability assumed by, or a right conferred on, two or more persons binds or benefits them jointly and severally.
A party cannot assign, novate or otherwise transfer any of its rights or obligations under this agreement without the prior written consent of the other party.
Except as otherwise provided in this agreement, each party must pay its own costs and expenses in connection with negotiating, preparing, executing and performing this agreement.
26.7 ENTIRE AGREEMENT
This agreement embodies the entire agreement between the parties and supersedes any prior negotiation, conduct, arrangement, understanding or agreement, express or implied, in relation to the subject matter of this agreement.
(a) (singular and plural) words in the singular includes the plural (and vice versa);
(b) (gender) words indicating a gender includes the corresponding words of any other gender;
(c) (defined terms) if a word or phrase is given a defined meaning, any other part of speech or grammatical form of that word or phrase has a corresponding meaning;
(d) (person) a reference to “person” or “you” includes an individual, the estate of an individual, a corporation, an authority, an association, consortium or joint venture(whether incorporated or unincorporated), a partnership, a trust and any other entity;
(e) (party) a reference to a party includes that party’s executors, administrators, successors and permitted assigns, including persons taking by way of novation and, in the case of a trustee, includes any substituted or additional trustee;
(f) (this agreement) a reference to a party, clause, paragraph, schedule, exhibit, attachment or annexure is a reference to a party, clause, paragraph, schedule, exhibit, attachment or
annexure to or of this agreement, and a reference to this agreement includes all schedules, exhibits, attachments and annexures to it;
(g) (document) a reference to a document (including this agreement) is to that document as varied, novated, ratified or replaced from time to time;
(h) (headings) headings and words in bold type are for convenience only and do not affect interpretation;
(i) (includes) the word “includes” and similar words in any form is not a word of limitation;
(j) (adverse interpretation) no provision of this agreement will be interpreted adversely to a party because that party was responsible for the preparation of this agreement or that provision; and
(k) (currency) a reference to $, or “dollar”, is to Australia currency, unless otherwise agreed in writing.
Part B Sellers
You must verify that any Buyer is over 18 years old or is a legitimate business before engaging with that Buyer.
2 LIQUOR LICENCE
(a) As a condition of using the Platform, you represent and warrant that:
(i) you hold the relevant liquor licence required in your jurisdiction that allows you to sell the beverages that you sell, or intend to sell, in the manner contemplatedon the Platform (Liquor Licence); and
(ii) you are authorised under the terms of your Liquor Licence to sell the beveragesthat you sell, or intend to sell, online through the Platform.
(b) You must notify Bevo Shelves as soon as reasonably practical if your Liquor Licence is suspended, expired or terminated for any reason, including where any changes to your Liquor Licence affects your ability to participate in the Platform. You are responsible for ensuring you comply with the terms of your Liquor Licence and all applicable laws.
(c) If you do not meet any requirements in this clause 2, or if your Liquor Licence is suspended, expired or terminated for any reason, then Bevo Shelves reserves the right toremove your Account from the Platform, cancel your Membership or revoke your Accessto the Platform completely.
3 COMPLIANCE WITH LAWS
You acknowledge and agree that you and your business are responsible for complying with all applicable laws, regulations and industry standards in:
(a) the jurisdiction in which you operate; and
(b) the jurisdiction from which a Buyer purchases Goods from you, including any rules about labelling or product quality (together, the Laws).
If there are any Laws that affect your ability to participate as a Seller on the Platform, you must notify Bevo Shelves within a reasonable timeframe.
Bevo Shelves reserves the right to remove your Account, cancel your Membership or revoke your access to the Platform if you do not comply with any Laws.
4 ONLINE STOREFRONT & ORDERS
You acknowledge and agree that:
(a) you must use your best endeavours to provide as much information as possible in the online storefront that you build where you offer to provide Goods via the Platform (OnlineStorefront);
(b) Bevo Shelves may choose not to accept any part of an Online Storefront you submit to the Platform;
(c) once you and the Buyer have agreed on an amount for the purchase of Goods on your online Storefront, the Buyer may place an order on the Platform (Order);
(d) Bevo Shelves will collect a Transaction Fee (defined below) for each Order;
(e) the amount payable for the Goods will be the amount agreed between you and the Buyer(GST inclusive) (Quoted Amount), minus the Transaction Fee (Remaining Balance)and you must not try to claim the Transaction Fee, or any other additional amount, from the Buyer for the Goods;
(f) the Quoted Amount will be paid by the Buyer to the Online Payment Partner and BevoShelves will ensure that the Online Payment Partner pays the Remaining Balance to you within a reasonable time after the Online Payment Partner receives it from the Buyer;
(g) any additional terms and conditions relating to an Online Storefront, Order or quote provided via the Platform are solely between you and the Buyer and do not involve BevoShelves in any way, except that they must not be inconsistent with either party obligations under this agreement;
(h) Bevo Shelves will not be a party to the contract between you and the Buyer;
(i) Bevo Shelves will have no responsibility for the accuracy, reliability or timeliness of the content provided by a Buyer when submitting an Order; and
(j) Bevo Shelves reserves the right to allocate the Remaining Balance between a Buyer and a Seller in accordance with:
(i) any other agreement between that Buyer and Seller, as notified to BevoShelves; or
(ii) Bevo Shelves’s right to disperse funds as it sees fit in circumstances of a dispute (clause 15 of Part A);
Subject to any terms and conditions agreed between you and a Buyer, you acknowledge and agree that:
(a) you must comply with all applicable Laws when arranging for the delivery of the Goods; and
(b) you may only charge reasonable fees for delivery of the Goods.
6 ORDER FEES
(a) You must pay the Membership Fees in order to use and access the Platform.
(b) Once a Buyer places an Order, the Buyer will be prompted to pay the Quoted Amount to you via the Online Payment Partner/
(c) After the Online Payment Partner receives payment from the Buyer, we will ensure that the Online Payment Partner transfers the Remaining Balance to you within a reasonable time.
(d) The Transaction Fee will be the percentage of the Quoted Amount specified on thePlatform from time to time, plus any fee payable for the transaction to the Online PaymentPartner (Transaction Fee).
(e) The Online Payment Partner may hold the Remaining Balance for a reasonable period after receiving it from a Buyer. For the purposes of this clause, you understand and agree that 14 days is a reasonable period. Bevo Shelves reserves the right to have the Online Payment Partner hold the Remaining Balance and disperse this amount, along with other amounts, to the Seller in a bulk monthly payment.
(f) Sellers may request the Remaining Balance be paid to them earlier, by providing evidence that the relevant Good has been dispatched to the relevant Buyer. We may approve such requests, at our absolute discretion, and we may require Sellers to pay additional fees in consideration for such approval.
(g) Bevo Shelves reserves the right to change or waive the Transaction Fee at any time byupdating this agreement on the Platform.
7 REFUNDS & CANCELLATIONS
(a) You must not unreasonably cancel an Order once it has been placed by a Buyer.
(b) If Bevo Shelves decides to investigate any cancellation, you must provide assistance and information to Bevo Shelves as reasonably requested.
(c) You must ensure that your cancellation policy and refund policy on your Online Storefrontare in compliance with all applicable laws.
(d) Without limiting clause 7(e), if you unreasonably cancel Orders, we may take one or more of the following actions:
(i) cancel your Account or Membership with Bevo Shelves;
(ii) refund the Transaction Fee to the relevant Buyer; or
(iii) require that you pay all or part of the Transaction Fee refunded to the Buyer and issue you an invoice for that amount.
(e) The Transaction Fee is by default non-refundable. However, Bevo Shelves may, in its absolute discretion, issue refunds of the Transaction Fee in certain circumstances.
(f) You agree to honour and comply with the process set out in this clause 7 in the event of a pricing error on the Platform.
(a) You agree that while you are a Seller on the Platform, regardless of the reason that yourAccount was suspended or cancelled, you will not, either directly or indirectly, solicit or attempt to solicit any business, work, income or other benefit, from any Buyer whom you came to know about, or with whom you provided goods or services to directly or indirectly, by using the Platform. This provision will apply whether or not the Buyer or their representative is still active on the Platform.
(b) Bevo Shelves may, in its absolute discretion, cancel your Account, your Membership and suspend you from using the Platform if it finds or suspects that you have breached or are in breach of this clause 8.
9 BINDING CONTRACT
You agree that when a Buyer places an Order, this constitutes a binding contract between you and that Buyer, where you will provide the Buyer with the Goods in the Order they placed in exchange for your receipt of the Remaining Balance. A contract is formed in this respect when the Buyer places an Order on the Platform confirming that they accept the Seller’s offer.
By listing yourself as a Seller on the Platform and setting up an Online Storefront, you represent and warrant that:
(a) you are able to provide the Goods as specified in an Order or Online Storefront;
(b) you hold the required Liquor Licence in accordance with clause 2; and
(c) you will provide the relevant Goods to Buyers in compliance with all applicable laws asset out in clause 3.
Part C Buyers
1 ORDERS AND FEES
You acknowledge and agree that:
(a) if you place an Order, that will constitute your entry into a contract with the Seller;
(b) Bevo Shelves will not be a party to the contract between you and the Seller;
(c) unless otherwise agreed with the Seller, you will be responsible for covering the cost of shipping and import fees;
(d) for each Order you place, you must pay the Quoted Amount, which will be debited from your Account and Bevo Shelves will keep a Transaction Fee which will be a percentage of the Quoted Amount; and
(e) any terms and conditions relating to Goods or a quote provided via the Platform aresolely between you and the Seller and do not involve Bevo Shelves in any way, exceptthat they must not be inconsistent with either party’s obligations under this agreement.
(a) (Payment obligations) Unless otherwise agreed in writing with the Seller, you must pay for all Goods specified in an Order prior to the Seller providing those Goods.
(b) (Card surcharges) Bevo Shelves reserves the right to charge credit card surcharges in the event that payments are made using a credit, debit or charge card (including Visa, MasterCard or American Express).
(d) (Release) You agree to release Bevo Shelves and its employees and agents in respect of all liability for loss, damage or injury which may be suffered by any person arising from any act or omission of the Online Payment Partner, including any issue with security or performance of the Online Payment Partner or any error or mistake in processing your payment.
(e) (Pricing errors) In the event that we discover an error or inaccuracy in any price at which your Order was purchased via the Platform, we will attempt to contact you and inform you of this as soon as possible. Subject to your agreement with the Seller, you will then have the option of purchasing the relevant Goods at the correct price, or cancelling your Order. If you choose to cancel your Order and payment has already been debited, the full amount will be credited back to your original method of payment.
(a) Bevo Shelves will have no liability or obligation to you if a Seller cancels an Order at any time after you have placed it and you will not be entitled to any compensation from BevoShelves, including any portion of the Transaction Fee.
(b) If you wish to cancel an Order before the Seller has fulfilled the requirements specified in the relevant Order, you must contact the Seller. If Bevo Shelves decides to investigate your cancellation, you must provide assistance and information to Bevo Shelves as reasonably requested.
(c) If you cancel an Order, whether the Remaining Balance paid to the Seller is refundable to you in respect of that Good will depend on the cancellation policy and refund policy of the Seller.
(d) The Transaction Fee is by default non-refundable. However, Bevo Shelves may, in its absolute discretion, issue refunds of the Transaction Fee in certain circumstances.
4 LINKED BUSINESSES
You acknowledge and agree that:
(a) the Platform provides links and introductions to Sellers owned and operated by third parties that are not under the control of Bevo Shelves;
(b) the provision by Bevo Shelves of introductions to Sellers does not imply any endorsement or recommendation by Bevo Shelves of any Seller; and
(c) any terms and conditions relating to a good or service, Order or quote provided via thePlatform constitute a contract between you and the Seller and do not involve BevoShelves in any way.
5 COMMUNICATION OUTSIDE THE PLATFORM
(a) You must not communicate with a Seller, or request or entice a Seller to communicate with you, outside the Platform (except in the course of accepting the Seller’s goods).
(b) Bevo Shelves, in its absolute discretion, may cancel your Account and suspend you from using the Platform if it finds or suspects that you have breached or are in breach of this clause 5.