Terms and Conditions

Introduction

The following terms and conditions apply when you use of our website Oziway.com and any corresponding websites used for presentation of offers posted by Sellers, currently these include:

  • Oziway.cn
  • Oziway.com.co
  • Oziway.com.au
  • Oziway.pl
  • Oziway.ru
  • Oziway.in
  • Oziway.id

By accessing or using our websites in any way, you agree to be bound by our terms and conditions.

1. Definitions

1.1. You and your and yours are references to you the person accessing our websites.

We, us, our and Oziway are references to Oziway, Level 18, 123 Eagle Street, Brisbane City, Queensland 4000, Australia. Email address: info@oziway.com

1.2. Seller is the User posting for sale a Product or Service, or advertising the need for someone to complete a Task, find a Business Contact or fill a Job vacancy.

In most cases this will be an external entity, except when a transaction takes place with an online payment.

In case of a transaction with an online payment method, the term Seller is a reference to: Infocon sp. z o.o, ul. Koscierzynska 7 (street), Wroclaw, Poland

1.3. Buyer is the User which decides to buy an offered product/service or respond to the demand on the platform. Oziway is a platform that allows users to offer, sell and buy just about anything in a variety of currencies and locations. The actual contract for sale is directly between the seller and buyer. In line with point 1.2, the Seller always refers to Infocon sp. z o.o. if the payment for the product or service is to be made online.

2.

Our Websites

2.1. The information, content and material available on these websites will vary from time to time without notice to you. This is because the Websites are a marketplace where Sellers continuously post Products and Services for Sale and where they can also post information about their needs (for Business leads, Tasks or Job positions.

2.2.The information available on the websites will also vary from time to time without notice, because we make the changes to ensure that the website is as up to date as possible.

2.3.The websites comprise of:

  • I) oziway.com - the main landing page of the shop consumers as well as Sellers and Promoters. On Oziway.com after login, there is the Dashboard used by Sellers to post products, and by Promoters to enable and optimize their online Websites.
  • II)
  • national shop website front pages, like oziway.com.au - the shop interface for Australian Customers, oziway.cn for Chinese customers and so on (different countries have different domains).
  • III) oziway.com/network/
  • (formerly Oziway.net) - The business dashboard for Sellers and Promoters.

    2.4.More on how these websites work, is available under the Help link at the bottom of this page.

    2.5.We aim to have the websites available at all times, however, we cannot guarantee this or that it will be error free and we cannot accept liability for any issues that this may cause.

    2.6.You must not interfere with the working of our websites nor must you circumvent security on the site, tamper with, or hack into, or otherwise attempt to disrupt our computer system, server, website, router or any other internet connected device or service. You must not use the website to gain unauthorised access to any other computer system or website.

    2.7.Our website is intended for your personal or commercial use only (which must be reasonable and not offensive, abusive or in breach of any law or order). You are not permitted to access, use or copy any material or information on this website for any unlawful purpose.

    3.

    Information About You

    3.1. Where we have requested information from you, you agree to provide us with accurate and complete information.

    3.2.You authorize us to use, store or otherwise process your personal information in order to allow us, or third parties, to provide goods and services to you and for marketing purposes (the “Purpose”). The Purpose may include the disclosure of your personal information to selected third parties where we believe that the goods or services offered by such third parties may be of interest to you or where this is required by law or in order to provide the goods or service to y ou. And example of this is providing Your personal information to the Seller who needs to send you the ordered Product, or to the transport company that needs to deliver those goods to you.

    3.3.You are entitled to view and modify the personal information we hold on you. This is available in the Business Dashboard.

    4.

    For Buyers

    4.1. Please take note wqho you are buying from. If a transaction is with an Offline Payment, you are buying from an external entity, whose contact details are displayed on the Seller page. If you are buying with an Online payment Oziway formally is the Seller. We are a marketplace presenting offers listed by Sellers. When you decide to buy, you enter into a legally binding contract with the Seller to purchase an item when you commit to buy an item.

    4.2.You are responsible for reading the full item listing before making a commitment to buy a Product or Service.

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

    4.4.By choosing Sellers with best opinion history, you are increasing your chances of positive transaction experiences.

    4.5.There is a possibility of an unsuccessful transaction. This is because there might be a Seller which will not respect the Transaction Terms. For this reason, unless you know who you are buying from (from previous experience), we ask you to take all necessary precautions that you would normally take when purchasing online from an unknown partner. Additionally, report such dispute cases to us using the form on the Contact Page, link is at the bottom of this page so we can take appropriate action in solving your transaction dispute.

    4.6.While we may help in the resolution of disputes through various programs, Oziway has no control over and does not guarantee the existence, quality, safety or legality of items advertised; the truth or accuracy of user's content or listings; the ability of Sellers to sell items; or that a Seller will actually complete a transaction.

    4.7.In order to increase safety for all parties, we make our best efforts to ensure that transactions are successfully finished. We offer way to report by Sellers and Buyers any bad experiences that you might have while buying or selling on Oziway. These opinions are then publicly available for others to see. Because accounts are verified when setup, it wil be difficult for a dishonest user to setup a second account.

    4.8.In certain cases, we might make products available directly from us, Oziway as the Seller. In such a case, we make availiable the Payument Gasteway where you will pay us Directly and we will take responsibility for the transaction as required by law.

    5.

    Return Policy AND Refund Policy.

    5.1.If you as a Buyer need to Return the Product or Service, please contact the Seller that You purchased the item from.

    5.2.For items paid for offline (outside of the Oziway system), the Seller is an external entity. Please contact the Seller directly.

    This is the person or company that sold you the Product or Service, outside of the Oziway system.

    Contact information to them is available on the item page, or in the My Orders dashboard (go into the details of the order to see Seller contact information).

    5.3.For items paid for online (paid online using our payment gateways), we are the Oziway Seller.

    For items purchased from the Oziway Seller:

    - services are not refundable, unless the service has not been done. Please write to us within 10 days of the purchase to explain what has not been done, so that we can resolve the dispute with the service provider and either ensure that it gets done, or return your payment.

    -digital products are not refundable, unless the download link is not working. Please write to us within 10 working days of the purchase so that we can verify and deliver your product. OIf you have any other issues with the product, please let us know, so that we can resdolve the dispuite with the digital product provider.

    -for physical products, write to us using the /Returns and Refunds/ module in the Dashboard, the /Contact Form/, the internal /Messenger/ module, or via email (email address on the Contact page), to explain the problem with the item.

    5.4.We respect the standard Warranty conditions in your country, under a set of conditions outlined below:

    Generally this means:

    a) a term of up to 2 years from the date of purchase for product defects, or as required by your country legislation.

    b)a term of up tp 10 days return policy, or as required by your country legislation for unconditional returns.

    c)an unconditional return if your product does not arrive within 30 days from the date of purchase (unless otherwise stated on the product card or Transaction Fulfillment Module, especially for international purchases), or as required by your country legislation.

    5.5.After a refund is agreed on, you will receive a credit to your Oziway Wallet balance for the price of the product (excluding any transport, tax or customs fees that may arise while the product is shipped from or back to us). This credit can be used to make another purchase, or to request a withdraw to your personal bank account, Wechat or PayPal.

    5.6.Please note that our warranty does not cover normal use of the product (wear and tear).

    5.7.In order to start the refund procedure, you will need to return the Product (in the same condition you received it, in the original packaging, with the original receit) at your own cost to the address of the Seller (we will send instructions on where and how to send using th e internal messaging system) where the product will undergo a qualification analysis.

    5.8.Upon a successful qualification for a refund, the credit wil be added to your wallet balance.

    5.9.If there are any issues that we have with the qualification, we will contact you to get more information and to continue the process. We will have the product analised within 5 working days after receiving the returned product and we will contact you in the /Internal Messenger Module/. You will receive an alert on your email that a message is waiting for you in the Messenger Module.

    6.

    For Sellers

    6.1. You are allowed to post your Offer, provided that they are not illegal in Australia, Poland (EU) or within the country in which you reside.

    6.2.You will not post, list or upload content or items in inappropriate categories or areas on our sites.

    6.3.You will not breach or circumvent any laws, third-party rights or our systems or policies.

    6.4.You will not use our Services if you are not able to form legally binding contracts, or are temporarily or indefinitely suspended from using our sites, services, applications or tools.

    6.5.You will not fail to deliver Products or Services offered by you, unless you have a valid reason, for example, the Buyer fails to comply with the posted terms in your listing or you cannot contact the buyer.

    6.6.You will not post false, inaccurate, misleading, deceptive, defamatory, or libelous content.

    6.7.You will not take any action that may undermine the feedback or ratings systems.

    6.8.You will not distribute or post spam, unsolicited or bulk electronic communications, chain letters, or pyramid schemes.

    6.9.You will not distribute viruses or any other technologies that may harm Oziway or the interests or property of users.

    6.10.You will not interfere with the working of our Services.

    6.11.You will not offer content as a Seller that does not belong to you or will not belong to you at the time when it needs to be delivered.

    6.12.You will not infringe the copyright, trademark, patent, publicity, moral, database, and/or other intellectual property rights that belong to or are licensed to Oziway or any other Party, without prior consent of that Party.

    6.13.You are responsible for the accuracy and content of the listing and item offered.

    6.14.If Your tax institutions or the Customer require You to issue a receipt for the offered product (for tax purposes), You will issue such a receipt. If You are not able to issue a receipt, You will inform the Customer before they declare to Buy Your product or service.

    6.15.We have the right to deactivate or delete any products and suspend user accounts without prior notice, in case of breach of any of the above.

    6.16.in order to be able to sell with an online payment to consumers, you nered to be a Verified Seller and have your products Verified. In such cases, we wil buy the product from you and resell to the consumer. Please contact Oziway to enquire about the verification process.

    6.17.Even if you did not start the verification process, a consumer might choose to buy your product with an online payment. In such a case, we will contact you about you selling the product to us, and we will sell the product to the consumer using our online payment systems.

    7.

    For Promotors - Commissions

    7.1. The only commissions that you are entitled to, are success fees of your direct sales or the sales of promotors invited directly by you (recruited by you) to Oziway, payable after Oziway receives the Commission from the Sellers.

    7.2.Once a customer registers from your promotional link or from your shop (both links are available in your Business Dashboard), they are placed in your organization structure and all subsequent orders are added to your turnover for commission calculation.

    7.3.Once a Promotor registers from your registration link, they are placed in your organization structure and their direct Promotion resulting in their commission, results in a small commission for you also.

    7.4.Every Commission is allocated to:

    • I) The commission for the 1st level Promotor (the promotor that made the sale)
    • II) The commission for the 2nd level Promotor (the promotor that invited the 1st level Promotor to Oziway)
    • III) The commission for Oziway
    • IV) Transaction administration fees (like payment by credit card fees by Seller etc.)

    7.5. You are obligated to report all earnings from Oziway, to your tax authorities in your country, in order to pay appropriate taxes.

    7.6.We will not report this to your any tax authorities, with the exception of Australia (in case of a tax audit).

    7.7.If Your tax authority requires You to issue an invoice or a receipt for the commission that You receive from Oziway, please issue this document and send a copy to Oziway. Company details to place on the document, and contact details to send a copy of the document to, can be found on the Contact page.

    7.8.The minimal threshold to payout a commission is $10 USD. All payouts are charged 5% of the payout amount. The payouts are calculated in the USD currency (and converted to your currency at the time of payment according to our tables.

    7.9.Currently we use 3 payment processors:

    • I) PayPal
    • II) WeChat (for China)
    • III) Bank Transfer

    7.10. The commissions are paid in monthly intervals at the end of the calendar month.

    7.11.All commission payouts need to be requested at least 7 days before the end of the calendar month.

    8.

    Intellectual Property Rights Ownership

    All rights created in relation to the contents of this website and any trademarks or marks used on the site vest in us absolutely or under license. You must not modify, copy, reproduce, upload, post, transmit or distribute by any means or in any manner whatsoever, any material or information or download from our website except where expressly invited to do so or indicated on our website.

    9.

    Linked Sites

    There are a number of links on our website to third party websites which we believe may be of interest to you. We do not represent the quality of the goods or services provided by such third parties nor do we have any control over the content or availability of such sites. We cannot accept any responsibility for the content of third party websites or the services or goods that they may provide to you.

    10.

    Limitation of Liability

    10.1. Great care has been taken to ensure that the information available on this website is correct and error free. We apologize for any errors or omissions that may have occurred. We cannot warrant that use of the website will be error free or fit for purpose, timely, that defects will be corrected, or that the site or the server that makes it available are free of viruses or bugs or represents the full functionality, accuracy, reliability of the website and we do not make any warranty whatsoever, whether express or implied, relating to fitness for purpose, or accuracy. This does not affect your statutory rights as a consumer.

    10.2.We do not accept any liability for any delays, failures, errors or omissions or loss of transmitted information, viruses or other contamination or destructive properties transmitted to you or your computer system via our website.

    10.3.We have taken all reasonable steps to prevent internet fraud and ensure any data collected from you is stored as securely and safely as possible. However, we cannot be held liable in the extremely unlikely event of a breach in our secure computer servers or those of third parties.

    11.

    Administration

    Each user of this website acknowledges and agrees that the services offered by Oziway and covered by this service may, under separate agreements between Oziway and third parties, be provided by subcontractors. In particular but not limited to, the services of administering this service and billing and payment services.

    Every person accessing this website hereby agrees to the execution of above mentioned services by subcontractors, and acknowledges the fact that subcontractors will have access to user data and transactions carried out by them.

    Oziway undertakes to ensure that subcontractors comply with all terms and conditions of this agreement and will provide the highest level of services.

    12.

    General

    12.1. We may alter or vary these Terms and Conditions at any time.

    12.2.This Agreement or Document has been translated into different languages. In the event that any of the Translations and the English version conflict, the English version shall prevail.

    12.3.These Terms and Conditions and our agreement shall be governed by and construed in accordance with the laws of Australia. The parties hereto submit to the exclusive jurisdiction of the courts of Australia.

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