These Seller Terms govern how you, as a Seller (defined below), may access and use the website operated by SHHQ Trading Pty Ltd (ABN 17 630 394 071) (we/us/our) at https://schoolholidays.com.au (our website).
2. Seller Accounts
Our website includes an online marketplace where third-party businesses and organisations (Sellers) can list goods and services (Products) for sale to users of our website (Customers).
To list Products for sale to Customers via our website, you first need to open a seller account with us (Seller Account).
You are not permitted to access or use our website to list Products for sale if you do not have a Seller Account or if your Seller Account is suspended or cancelled.
You can open a Seller Account using the relevant signup process on our website. You must provide complete and accurate information when opening your Seller Account, and you must ensure that your Seller Account details are kept up-to-date at all times.
When you open a Seller Account, a binding agreement is created between us and you incorporating these Seller Terms. You must confirm that you accept these Seller Terms when opening your Seller Account. You are deemed to accept these Seller Terms if one of your employees, contractors or agents opens a Seller Account on your behalf.
You must keep the details of your Seller Account secret and secure, including all user emails and passwords for your Seller Account. You are solely responsible for the user activity that occurs in relation to your Seller Account. You must notify us immediately if you become aware of any suspected or actual breach of security or unauthorised use of your Seller Account.
Your Seller Account is personal to you, and you must not transfer your Seller Account to anyone else.
Individuals under 18 years old are not permitted to open Seller Accounts.
3. User Accounts
Your Seller Account relates to your access to and use of our website as a Seller. Any individual users who are associated with your Seller Account (including you if you are a sole trader Seller) will need to open a separate user account via the relevant signup process on our website (User Account). Separate terms apply to User Accounts, which you can read on the Seller Terms page.
4. Dealing with Customers
Whenever you sell a Product to a Customer via our website, you are entering into an agreement directly with that Customer. We are not a party to any agreements you enter into with Customers. We are not responsible for performing background checks on Customers (including checks on Customers' financial situation).
You must comply with any agreements you enter into with Customers, including any separate terms you agree to when selling Products to Customers. However, your agreements with Customers must not contain terms that are contrary to or that conflict with these Seller Terms.
If you have a dispute with a Customer, you will need to resolve the dispute directly with the Customer. We do not provide any dispute resolution services in relation to the agreements you enter into with Customers, and we are not responsible for resolving any disputes you have with Customers about any Products they buy from you via our website.
You must comply with all applicable laws in respect of any Products you promote or sell via our website, including your obligations under the Australian Consumer Law.
You must not deliberately or inadvertently make any representations or statements in relation to any Products you promote via our website that are likely to be misleading, deceptive or confusing to Customers.
We reserve the right to review and vet all promotional materials prior to us releasing such materials to be seen by other users of our website.
We may remove and take down any promotional materials that we believe, in our absolute discretion, are inaccurate, incomplete or otherwise inappropriate (including promotional materials that relate to inappropriate Products).
5. Fees and payment
You must pay us a subscription fee (payable annually or on a monthly basis) to list Products on our website. We do not refund subscription fees when you change your mind and decide to stop using your Seller Account. You must also pay fees each time you sell a Product to a Customer. Subscription fees and fees payable upon sale of Products are detailed on our Pricing Page.
You must also pay fees for any other services you agree to obtain from us, including any premium listing services. We will confirm fees for other services prior to you agreeing to obtain those services.
We may vary the fees we charge from time to time. For fees set out on our Pricing Page, we may vary such fees by giving you at least 14 days prior notice. By continuing to list Products after this notice period has ended, you are deemed to have accepted any fee variations.
You must not take any steps to circumvent or manipulate fees payable to us, such as by completing sales to Customers outside of our website. We are entitled to charge you fees if we determine that a transaction has been completed outside of our website after a Customer accessed our website to view your Products.
6. Your Content
Some features of our website may allow you to post, upload, publish, submit or transmit content such as text, photos and images ( Your Content ). You retain ownership of any rights you hold in Your Content.
You grant us a licence to use Your Content (including by disclosing, publishing, storing, modifying and reproducing it) for any purposes related to our website, including for the purposes of us developing new services and features for our website. The licence you grant to us for Your Content is non-exclusive, royalty-free, worldwide, transferrable by us, sublicensable by us and continues even if your Seller Account is suspended or cancelled.
You warrant to us that you are authorised to grant us a licence for Your Content and that our use of Your Content will not infringe the intellectual property rights of any third party.
We may delete or disable access to Your Content if it doesn't comply with these Seller Terms or if your Seller Account is cancelled or suspended without being in any way liable to you.
7. Our IP
All intellectual property rights embodied in our website, including all copyright materials and trademarks shown on our website, are owned exclusively by us and the third-party licensors we nominate (Our IP).
Nothing in these Seller Terms has effect to transfer any of Our IP to you or any other person.
We grant you a limited, non-exclusive, royalty-free licence to use Our IP to the extent necessary to enable you to access and use our website in accordance with these Seller Terms. We do not otherwise grant you any licence to use Our IP.
8. Privacy and Data
We may create aggregated anonymised data sets of user activity in relation to our website, and you agree such data sets are exclusively our property.
9. General Restrictions
You must not do or attempt, or assist or permit anyone else to do or attempt, any of the following:
access or use our website in a manner that is unlawful or illegal, including by promoting, offering to sell, offering to supply, selling or supplying any goods or services that are contrary to law;
access or use our website in a manner that is prohibited under these Seller Terms;
use our website in a manner that we consider socially or morally inappropriate, including by posting, uploading, publishing, submitting or transmitting any pornographic content or content that depicts graphic violence, animal abuse, use of illicit drugs or weapons, or any other content that is inciting, defamatory, denigrating or discriminatory against any group or individual;
use any automated system, software or technology (including robots, spiders, crawlers or scrapers) to access or extract data from our website for commercial purposes;
use our website to defame, harass, threaten, menace or offend any person;
use our website to interfere with in any individual’s privacy including by posting, uploading, publishing, submitting or transmitting any private or personal information without the individual's consent;
use our website in a manner that infringes any intellectual property rights of any person, including posting, uploading, publishing, submitting or transmitting any content without the permission of the owner of that content;
using our website to send spam;
interfere with any other person's access to or use of our website;
publicly disparage us or bring our name into disrepute;
tamper with or modify our website or knowingly transmit any virus or other harmful code that may damage or interfere with our website.
10. Suspension and cancellation of your Seller Account
Your Seller Account will continue to stay open unless it is suspended or cancelled in accordance with these Seller Terms.
You may cancel your Seller Account at any time by contacting us at [email protected] or by using the account deactivation feature in the online settings for your Seller Account, in which case we will promptly cancel your account after receiving a notification from you.
We may suspend or cancel your Seller Account at any time, with or without notice, if you fail to comply with any of these Seller Terms. Our decision to suspend or cancel your Seller Account is at our absolute discretion. If we suspend your account and give you a notice requesting you to rectify your non-compliance, we may cancel your account if you do not rectify your non-compliance within the timeframe we specify.
The suspension or cancellation of your Seller Account does not result in termination of these Seller Terms, which continue to operate in full force and effect.
We may give any notices permitted or required under these Seller Terms by sending an email to the email address associated with your Seller Account. We aren't required to give notices by any other means unless required by law to do so.
To the extent permitted by law, we do not make any warranties to you whatsoever in relation to our website.
To the extent permitted by law, we will not be liable to you for any direct or indirect loss (including consequential loss) or costs suffered or incurred by you in relation to your access or use of our website, including in relation to any failure or technical issues that limit or prohibit such access or use.
To the extent permitted by law, and despite any security measures we employ, we will not be liable to you for any direct or indirect loss (including consequential loss) or costs suffered or incurred by you as a result of any unauthorised access to or use of your Seller Account or Your Content by any person.
You indemnify us and our officers, employees, agents, and related companies against any losses and costs (including legal costs on an indemnity basis) suffered or incurred by any of them in relation to any third-party claims:
that your access to or use of our website infringes the rights (including intellectual property rights) of any person or constitutes any other form of unlawful conduct or
that our use of Your Content in accordance with these Seller Terms infringes the intellectual property rights of any person.
13. Entire agreement
These Seller Terms (and any additional terms that may apply to you if you have a User Account) represent the entire agreement between us and you in relation to your access to and use of our website.
14. No waiver
A failure to exercise, a delay in us exercising, or partially exercising any power, right or remedy under these Seller Terms does not operate as a waiver.
Any provision of these Seller Terms may be:
read down to the minimum extent necessary to achieve its validity, if applicable, and
severed from these Seller Terms in any other case without invalidating or affecting the remaining provisions of these Seller Terms.
You must not assign or novate your rights or obligations under these Seller Terms without our prior written consent. We may give or withhold consent at our reasonable discretion.
We may assign and novate our rights and obligations under these Seller Terms to any third party at any time.
Nothing in these Seller Terms may be construed as creating a relationship of joint venture, partnership, principal and agent or trustee and beneficiary.
18. Governing Law
These Seller Terms are governed by the laws of Victoria, Australia. You submit to the exclusive jurisdiction of the courts of Victoria, Australia, in relation to any matters or disputes arising out of or in relation to these Seller Terms.
We may vary these Sellers Terms from time to time by giving you at least 14 days prior notice. By continuing to access and use our website after this notice period has ended, you are deemed to have accepted the variations.
Date of release: June 3d, 2019