TRANSACT TERMS AND CONDITIONS OF USE

Last update: 03 August 2021

1. About the Application
   
   
   1. Welcome to TRANSACT (the 'Application'). The Application which providesmarketplace contents, digital Point-of-Sale (POS) transactions, including businesses/individual businesses which sell goods and/or services through TRANSACT Mobile App on Android and IOS (the 'Services '). The users areBuyers, Sellers, and Suppliers as stated on the TRANSACT app and web.
   2. The Application is operated by ABN 99 171 484 851 with a registered business name as TRANSACT. Access to and use of the Application, or any of its associated Products or Services, is provided by TRANSACT. Please read these terms and conditions (the 'Terms ') carefully. By using, browsing and/or reading the Application, this signifies that you have read, understood and agree to be bound by the Terms. If you do not agree with the Terms, you must cease usage ofthe Application, or any of its Services, immediately.
   3. TRANSACT reserves the right to review and change any of the Terms by updatingthis page at its sole discretion. When TRANSACT updates the Terms, it will use reasonable endeavours to provide you with notice of updates to the Terms. Any changes to the Terms take immediate effect from the date of their publication. Before you continue, we recommend you keep a copy of the Terms for your records.
   4. TRANSACT’s website provides / serves marketplace contents, registration, andtransactions (buy and sell activities). Transact’s URL web address is www.etransact.com.au or TRANSACT app officially download via Google Playstore and/or IOS Appstore
   5. These Terms and Conditions of Use is related to Application and Website created by Transact
   
   
   
2. Acceptance of the Terms
   
   You accept the Terms by using or browsing the Application/App and Web. You may also accept the Terms by clicking to “Sign Up” in TRANSACT app / website. A Link Terms where this terms and condition is made available to you by TRANSACT in the user interface. By Accepting this terms you are also accept the privacy policy that TRANSACT provides at www.etransact.com.au/privacy
   
   
3. Subscription to use the Services
   
   
   1. In order to access the Services, you must be connected to internet connection, and you must first register an account and verify your email and mobile number to sign up. Normally, TRANSACT offers 25 free trial to use the services at this stage. However, TRANSACT presents it until the upcoming subscription plan may be implemented by TRANSACT in the future – the users are required to frequently update their knowledge in regard to the terms and conditions of TRANSACT’s services on the TRANSACT’s website at www.etransact.com.au/terms.
   2. In the future, if the subscription plan is implemented on the TRANSACT’s services, a purchase subscription through the Application (the 'Subscription ') and pay the applicable fee for the selected Subscription Plan (the 'Subscription Fee ') is required. If not or the subscription has been failed, or unpaid, TRANSACT has rights to terminate your account with/without a notification.
   3. In the future, in purchasing the Subscription, you acknowledge and agree that it is your responsibility to ensure that the Subscription you elect to purchase is suitablefor your use.
   4. In the futures, the options of subscriptions are available In-app / web purchase. The subscriptions are following the requirement of IOS Appstore and Android Playstore, which allows to collect payment for subscriptions through the platforms.
   5. As part of the registration process, or as part of your continued use of the Services, you may be required to provide personal information about yourself(such as identification or contact details), including:
      • Email address
      • Preferred username
      • Mailing address
      • Telephone number
      • Password
      • First Name, Middle Name, Family Name, Mobile Number, Full Name
      • Store Name
      • Store Address
      • Banking Details
      • Mobile Phone number
      • Date of Birth
      • Your location
   6. You warrant that any information you give to TRANSACT in the course of completing the registration process will always be accurate, correct and up to date.
   7. We keep privacy policy how the sensitive data are used at www.etransact.com.au/privacy
   8. We use the data in regards the users’ concern which agree to accept and conditions as stated on this terms and conditions
   9. The data are used in regard to make the business process, transactions, and communication occurred in TRANSACT’s application and website.
   10. Once you have completed the registration process, you will be a registered member of the Application ('Member ') and agree to be bound by the Terms.
   11. You may not use the Services and may not accept the Terms if: (a) you are not of legal age to form a binding contract with TRANSACT; or (b) you are a person barred from receiving the Services under the laws of Australia or other countries including the country in which you are resident or from which you use the Services.
   12. TRANSACT stores any information of the products and/or services details such as: Date Name, Description, Specification, Tax, Fee, Cost. Price, Discount, Retail Price,Pictures, Delivery cost, Category, and any other data required by the app in the purpose to describe products/services information to the public in accessing TRANSACT’s services.
   
   
   
4. Your obligations as a Member
   
   As a Member including Buyer, Seller, Supplier, you agree to comply with the following:
   • you will use the Services only for purposes that are permitted by: (i) the Terms; and (ii) any applicable law, regulation or generally accepted practices or guidelines in the relevant jurisdictions;
   • you have the sole responsibility for protecting the confidentiality of your password and/or email address. Use of your password by any other person may result in the immediate cancellation of the Services;
   • any use of your registration information by any other person, or third parties, is strictly prohibited. You agree to immediately notify TRANSACT of any unauthorised use of your password or email address or any breach of security of which you have become aware;
   • access and use of the Application is limited, non-transferable and allows for the sole use of the Application by you for the purposes of TRANSACT providing the Services;
   • you will not use the Services or the Application in connection with any commercial endeavours except those that are specifically endorsed or approved by the management of TRANSACT;
   • you will not use the Services or Application for any illegal and/or unauthorised use which includes collecting email addresses of Members by electronic or other means for the purpose of sending unsolicited email or unauthorised framing of or linking to the Application;
   • you agree that commercial advertisements, affiliate links, and other forms of solicitation may be removed from the Application without notice and may result in termination of the Services. Appropriate legal action will be taken by TRANSACT for any illegal or unauthorised use of the Application; and
   • you acknowledge and agree that any automated use of the Application or its Services is prohibited.
   • Member as Buyer; you are obligated to pay the products and/or services (including any fees) to sellers of your purchase in Transact. And you have the products and/or services deliver directly from the sellers. Deliveries may direct delivery conducted by sellers, buyer collect (click $ collect) in-store, and Third-party couriers.
   • Member as Seller, you are obligated to pay the products and/or services (including any fees) to other sellers and suppliers of your purchase in Transact. You are also obligated to deliver the products and/or services as ordered by buyers through Transact. Deliveries may direct delivery conducted by other sellers, Seller collect (click $ collect) in-store of other sellers and suppliers, and Third-party couriers.
   • Member as Supplier. you are obligated to pay the products and/or services (including any fees) to other sellers and suppliers of your purchase in Transact. You are also obligated to deliver the products and/or services as ordered by sellers or other suppliers through Transact. Deliveries may direct delivery conducted by other sellers, Seller collect (click $ collect) in-store of other sellers and suppliers, and Third-party couriers.
   • TRANSACT does not allow users to post any inappropriate content in the app. Such as Pornography content, pictures, text, or any related crime acts in the app. Transact does not allow prohibited services sell in the app, such as prostitutes, or any related crime acts in the app. These behaviours are responsible of the users, NOT TRANSACT, if any of these are shown or happened under the users’ accounts.
   • TRANSACT does not allow users to sell any prohibited content, including tobacco, cigarettes, and wines, alcohol contained beverages, prescribed drugs, medicines. And any other products/services which require an approval, specification, and/or expertise by an official authorised. These products such as alcohol should be handled by approved RSA – Responsible Service of Alcohol holders, therefore TRANSACT does not allow these products are listed in TRANSACT’s services.
   • The Sellers and Suppliers, who use TRANSACT’s Marketplace for selling, must be responsible for the contents, products, and or services which are listed in the TRANSACT. The Sellers and supplier must comply with any regulation under Australian Law.
   • The members must truly mention everything in accurate communication and consistent manners. The sellers and the suppliers who sell products/services must provide accurate information about the product and/or services offered to buyers (users who purchaser). Product warranty, guarantee, replacement, fixing, compensations, and refunds are responsible who sell the products and services to buyers.



5. Payment for Subscriptions
   
   
   1. Where the option is given to you, you may make payment of the Subscription Fee by way of:
      1. Credit Card Payment ('Credit Card') or Debit Card Payment (‘Debit Card’)
   2. All payments made in the course of your use of the Services (Subscriptions) are made using Appstore In-app Purchase in the IOS Platform for Iphones/IOS users, and Playstore in for Android users. In using the Application, the Services or when making any payment in relation to your use of the Services, you warrant that you have read, understood and agree to be bound by the IOS and Android terms and conditions which are available on their website.
   3. You acknowledge and agree that where a request for the payment of the Subscription Fee is returned or denied, for whatever reason, by your financial institution or is unpaid by you for any other reason, then you are liable for any costs, including banking fees and charges, associated with the Subscription Fee.
   4. Subscription which has been explained in the Section 5 and Section 3 have not been effective until further notice of new policy updates
   
   
   
6. Payment and Charges
   
   
   1. Where the option is given to you, you may make payment of the purchase products or services in by way of:
      • Credit Card Payment ('Credit Card') or Debit Card Payment (‘Debit Card’)
   2. All payments made in the course of payment for products and services purchase are made by Stripe (www.stripe.com). In using the Application, the Services or when making any payment in relation to your use of the Services, you warrant that you have read, understood and agree to be bound by the Stripe’s terms and conditions, privacy, and all any other legal notices which are available on their website.
   3. TRANSACT automatically add for 7% on the product and/or service listing from the price input by the users (Sellers and Suppliers). And the listing or final price which shown to the market is Retail Price (included fee of 7%). This Final Retail Price / Price in the Marketplace which is shown to the Buyers and Other Sellers or Suppliers users when purchase via Marketplace in the TRANSACT’s app. The price shown in the marketplace are including GST.
   4. The users who sell in TRANSACT marketplace, the selling price shown are GST inclusive, normally 10%. Check ato.gov.au for Tax and GST reference in Australia.
   5. The users are required to provide GST TAX invoice if required by buyers.
   6. Buyers could contact seller the invoice which including the GST.
   7. TRANSACT does not provide official GST invoice to buyers or users for products/services whose sell by the sellers/suppliers.
   8. TRANSACT charges the Sellers and Suppliers a processing fee / withdrawal fee for 7% when withdraw a balance. The charge is taken from the available balance to withdraw.
   9. Balance shown in the wallet is the successful sales / transactions occurred in the marketplace. The balance is calculated from quantity (QTY) purchased multiply by final price Plus delivery cost. As mentioned as Total.
   10. TRANSACT charges buyers (including sellers who purchase, and/or supplier who purchase) payment for total purchase including GST.
   11. You acknowledge and agree that where a request for the payment of the processing/withdrawal Fee is returned or denied, for whatever reason, by your financial institution or is unpaid by you for any other reason, then you are liable for any costs, including banking fees and charges, associated with the Processing / Withdrawal Fee.
   12. Withdrawal Balance will take a processing 4 – 10 days to the sellers’ and suppliers’ bank account from withdrawal request date. And the processing days could be earlier than it stated. TRANSACT however follow the Stripe payment processing days and our business banks transferring / processing days to your account in Australia.
   13. Withdrawal balance transfer to the users’ bank account must be requested via the app. There is no automatic payment and other methods at this stage.
   14. The Withdrawal Balance will be transferred by request by users who owned the balance to the bank’s account of users (Sellers and Suppliers) which have been provided during the registration process and/or filled at the user’s profile and details in Transact App.
   15. Users are required to check and aware of the bank details inputted are truly correct. The mistake occurred by the users that caused wrongly inputted the bank details in the TRANSACT, are the responsible of the users solely. TRANSACT are unable to refund or pay any compensation due to the users’ mistakes.
   
   
   
7. Refund Policy
   
   
   1. TRANSACT will not manage, handle, and Pay any refund(s) for the products or services purchased by users in the marketplace contents. Any refund for products and services terms and conditions of the product/services purchased. Users must contact directly to the sellers whose provide the product and/or service via Chat to Seller, Visit In-store, or direct contact to the seller.
   2. TRANSACT will mediate if there is dispute between Buyers, Sellers, and Suppliers. The customer support can be contacted via the TRANSACT app or web.
   3. TRANSACT will not responsible any refund transaction(s) or product refund and/or replacement, as well as any compensation for any transaction in the app. The refund is solely responsible by the seller(s)/supplier(s).
   
   
   
8. Copyright and Intellectual Property
   
   
   1. The Application, the Services and all of the related products of TRANSACT are subject to copyright. The material on the Application is protected by copyright under the laws of Australia and through international treaties. Unless otherwise indicated, all rights (including copyright) in the Services and compilation of the Application (including but not limited to text, graphics, logos, button icons, video images, audio clips, application, code, scripts, design elements and interactive features) or the Services are owned or controlled for these purposes, and are reserved by TRANSACT or its contributors.
   2. All trademarks, service marks and trade names are owned, registered and/or licensed by TRANSACT, who grants to you a worldwide, non-exclusive, royaltyfree, revocable license whilst you are a Member to:
      • use the Application pursuant to the Terms;
      • copy and store the Application and the material contained in the Application in your device's cache memory; and
      • print pages from the Application for your own personal and noncommercial use. TRANSACT does not grant you any other rights whatsoever in relation to the Application or the Services. All other rights are expressly reserved by TRANSACT.
   3. TRANSACT retains all rights, title and interest in and to the Application and all related Services. Nothing you do on or in relation to the Application will transfer any:
      • business name, trading name, domain name, trademark, industrial design, patent, registered design or copyright, or
      • a right to use or exploit a business name, trading name, domain name, trademark or industrial design, or
      • a thing, system or process that is the subject of a patent, registered design or copyright (or an adaptation or modification of such a thing, system or process), to you.
   4. You may not, without the prior written permission of TRANSACT and the permission of any other relevant rights owners: broadcast, republish, up-load to a third party, transmit, post, distribute, show or play in public, adapt or change in any way the Services or third party Services for any purpose, unless otherwise provided by these Terms. This prohibition does not extend to materials on the Application, which are freely available for re-use or are in the public domain.
   
   
   
9. Privacy
   
   TRANSACT takes your privacy seriously and any information provided through your use of the Application and/or Services are subject to TRANSACT's Privacy Policy, how we used the data and sensitive data for business processes, transactions, and communication, which is available at www.etransact.com.au/privacy. All the data and sensitive data are explained. We committed to secure and protect the users’ privacy, the data and sensitive data are not shared for other purposes.
   
   
10. General Disclaimer
    
    
    1. Nothing in the Terms limits or excludes any guarantees, warranties, representations or conditions implied or imposed by law, including the Australian Consumer Law (or any liability under them) which by law may not be limited or excluded.
    2. Subject to this clause, and to the extent permitted by law:
       • all terms, guarantees, warranties, representations or conditions which are not expressly stated in the Terms are excluded; and
       • TRANSACT will not be liable for any special, indirect or consequential loss or damage (unless such loss or damage is reasonably foreseeable resulting from our failure to meet an applicable Consumer Guarantee), loss of profit or opportunity, or damage to goodwill arising out of or in connection with the Services or these Terms (including as a result of not being able to use the Services or the late supply of the Services), whether at common law, under contract, tort (including negligence), in equity, pursuant to statute or otherwise.
    3. Use of the Application and the Services is at your own risk. Everything on the Application and the Services is provided to you "as is" and "as available" without warranty or condition of any kind. None of the affiliates, directors, officers, employees, agents, contributors and licensors of TRANSACT make any express or implied representation or warranty about the Services or any products or Services (including the products or Services of TRANSACT) referred to on the Application. This includes (but is not restricted to) loss or damage you might suffer as a result of any of the following:
       • failure of performance, error, omission, interruption, deletion, defect, failure to correct defects, delay in operation or transmission, computer virus or other harmful component, loss of data, communication line failure, unlawful third-party conduct, or theft, destruction, alteration or unauthorised access to records;
       • the accuracy, suitability or currency of any information on the Application, the Services, or any of its Services related products (including third party material and advertisements on the Application);
       • costs incurred as a result of you using the Application, the Services or any of the products of TRANSACT; and
       • the Services or operation in respect to links which are provided for your convenience.
    4. TRANSACT never allow users to sell any illegal products (including drugs, and other contents) and/or services. If those are not detected by Transact, which somehow whatsoever in any way without Transact’s concern, those illegal products and/or services appear in Transact’s application; Transact has not held any responsibility to any action at any condition. It is solely of the users’ responsibility; and must responsible for their products and/or services listing in Transact’s application.
    
    
    
11. Competitors
    
    If you are in the business of providing similar Services for the purpose of providing themto users for a commercial gain, whether business users or domestic users, then you are a competitor of TRANSACT. Competitors are not permitted to use or access any information or content on our Application. If you breach this provision, TRANSACT will hold you fully responsible for any loss that we may sustain and hold you accountable forall profits that you might make from such a breach.
    
    
12. Limitation of liability
    
    
    1. TRANSACT's total liability arising out of or in connection with the Services or theseTerms, however arising, including under contract, tort (including negligence), in equity, under statute or otherwise, will not exceed the resupply of the Services to you.
    2. You expressly understand and agree that TRANSACT, its affiliates, employees, agents, contributors and licensors shall not be liable to you for any direct, indirect, incidental, special consequential or exemplary damages which may be incurred byyou, however caused and under any theory of liability. This shall include, but is not limited to, any loss of profit (whether incurred directly or indirectly), any loss of goodwill or business reputation and any other intangible loss.
    
    
    
13. Termination of Contract
    
    
    1. The Terms will continue to apply until terminated by either you or byTRANSACT as set out below.
    2. If you want to terminate the Terms, you may do so by:
       • not renewing the Subscription prior to the end of the Subscription Period;
       • providing TRANSACT with 14 days' notice of your intention to terminate; and
       • closing your accounts for all of the services which you use, where TRANSACTmay provides this option available to you.
       • Your notice should be sent, in writing, to TRANSACT via the 'Contact Us' link on our homepage www.etransact.com.au.
    3. TRANSACT may at any time, terminate the Terms with you if:
       • you do not renew the Subscription at the end of the Subscription Period;
       • you have breached any provision of the Terms or intend to breach any provision:
       • TRANSACT is required to do so by law;
       • the provision of the Services to you by TRANSACT is, in the opinion ofTRANSACT, no longer commercially viable.
    4. Subject to local applicable laws, TRANSACT reserves the right to discontinue or cancel your membership at any time and may suspend or deny, in its sole discretion, your access to all or any portion of the Application or the Services without notice if youbreach any provision of the Terms or any applicable law or if your conduct impacts TRANSACT's name or reputation or violates the rights of those of another party.
    
    
    
14. Indemnity
    
    
    1. You agree to indemnify TRANSACT, its affiliates, employees, agents, contributors, third party content providers and licensors from and against:
       • all actions, suits, claims, demands, liabilities, costs, expenses, loss and damage (including legal fees on a full indemnity basis) incurred, suffered orarising out of or in connection with Your Content;
       • any direct or indirect consequences of you accessing, using or transacting on the Application or attempts to do so; and/or
       • any breach of the Terms.
    
    
    
15. Dispute Resolution
    
    
    1. Compulsory: If a dispute arises out of or relates to the Terms, either party may not commenceany Tribunal or Court proceedings in relation to the dispute, unless the following clauses have been complied with (except where urgent interlocutory relief is sought).
    2. Notice: A party to the Terms claiming a dispute ('Dispute') has arisen under the Terms,must give written notice to the other party detailing the nature of the dispute, thedesired outcome and the action required to settle the Dispute.
    3. Resolution: On receipt of that notice ('Notice ') by that other party, the parties to the Terms ('Parties ') must:
       • Within 30 days of the Notice endeavour in good faith to resolve the Dispute expeditiously by negotiation or such other means upon which they may mutually agree;
       • If for any reason whatsoever, 30 days after the date of the Notice, the Dispute has not been resolved, the Parties must either agree upon selection of a mediator or request that an appropriate mediator be appointed by the President of the Australian Mediation Association or his orher nominee;
       • The Parties are equally liable for the fees and reasonable expenses of a mediator and the cost of the venue of the mediation and without limiting theforegoing undertake to pay any amounts requested by the mediator as a pre-condition to the mediation commencing. The Parties must each pay their own costs associated with the mediation;
       • The mediation will be held in Queensland, Brisbane, Australia.
    4. Confidential: All communications concerning negotiations made by the Parties arising out of and in connection with this dispute resolution clause are confidential and to theextent possible, must be treated as "without prejudice" negotiations for the purpose of applicable laws of evidence.
    5. Termination of Mediation: If 30 Days have elapsed after the start of a mediation of the Dispute and the Dispute has not been resolved, either Party may ask the mediator to terminate the mediation and the mediator must do so.
    
    
    
16. Venue and Jurisdiction
    
    The Services offered by TRANSACT is intended to be viewed by residents of Australia. In the event of any dispute arising out of or in relation to the Application, you agree that the exclusive venue for resolving any dispute shall be in the courts of Queensland, Brisbane, Australia.
    
    
17. Governing Law
    
    The Terms are governed by the laws of Queensland, Australia. Any dispute, controversy, proceeding or claim of whatever nature arising out of or in any way relating to the Terms and the rights created hereby shall be governed, interpreted and construedby, under and pursuant to the laws of Queensland, Australia, without reference to conflict of law principles, notwithstanding mandatory rules. The validity of this governing law clause is not contested. The Terms shall be binding to the benefit of the parties hereto and their successors and assigns.
    
    
18. Independent Legal Advice
    
    Both parties confirm and declare that the provisions of the Terms are fair and reasonable and both parties having taken the opportunity to obtain independent legal advice and declare the Terms are not against public policy on the grounds of inequality orbargaining power or general grounds of restraint of trade.
    
    
19. Severance
    
    If any part of these Terms is found to be void or unenforceable by a Court of competent jurisdiction, that part shall be severed, and the rest of the Terms shall remain in force.