New Terms and Conditions (December 2020)
Terms and Conditions – Version 2020-3
Grandbazaar.com.au is a consumer marketplace for retailers and individuals. Ucarer PTY LTD is a privately owned company registered in Australia&NSW, Company No: 625 198 825.
You may only use Grandbazaar.com.au under these Terms and Conditions and by signing up for a Grandbazaar account, you are deemed to accept these terms and conditions as amended from time to time.
While every effort has been made to cover all elements of the Grandbazaar service within these Terms and Conditions it is also expected that standard e-commerce practices must be followed and each individual/ company is expected to act in accordance with Australia and/or New Zealand law.
If you have any questions about this User Agreement, please contact Customer Support.
You may make enquiries about these Terms and Conditions by e-mailing us on email@example.com. You canconnectwith usthroughanumber of social mediaaccounts to make informal enquirers.
Unless the context requires otherwise, the following terms shall have the following meanings in these Terms & Conditions:
- “Account/Account holder/User” means any person, persons or company who have signed up to use, access or explore Grandbazaar.
- “Categories/Departments” means sections of the Site separated to sort Services by structure.
- “Content” means information on the Site or Grandbazaar.
- “Grandbazaar” means including our parent, subsidiaries, affiliates, trading names, officers, directors, agents and employees and any sub-service for example: specialx.com.au and all domains.
- “Grandbazaar Buyer” means the Account holder who aims to purchase products by using the Service.
- “Grandbazaar Grand/Offer” means the purchasing process by which the Service occurs on Grandbazaar.
- “Grandbazaar Base Rate” describes the currency any conversion to another currency and/or payment method is based from (for both Purchases and/or Refunds). Unless explicitly outlined otherwise, this is $AUS.
- “Identity means information relating to an individual given to prove identity.
- “Product” means the advertised for sale item on Grandbazaar.
- “Seller/Retailer” means the account holder who aims to sell stock/products by using the Service.
- “Service” means the advertised and intended operations of Grandbazaar.
- “Site” means the website and online presence of Grandbazaar.
- “Spam” means unwanted/unsolicited e-mail.
- “Staff member” means an employee or contractor for Grandbazaar.
- “We/Us” means Grandbazaar.
- “You” means the individual or person acting on behalf of a company.
Clause, schedule and paragraph headings are for ease of reference only and do not affect the interpretation or construction of this Agreement.
A person includes a natural person, corporate or unincorporated body (whether or not having separate legal personality).
The Schedules form part of this Agreement and shall have effect as if set out in full in the body of this Agreement and any reference to this Agreement includes its Schedules.
Words in the singular shall include the plural and vice versa.
A reference to a statute or statutory provision is a reference to it as it is in force for the time being, taking account of any amendment, extension, or re-enactment and includes any subordinate legislation for the time being in force made under it.
A reference to writing or written does not include faxes or e-mail, unless specified herein.
Where the words include(s), including or in particular are used in this Agreement, they are deemed to have the words without limitation following them.
Where the context permits, the words other and otherwise are illustrative and shall not limit the sense of the words preceding them.
Any obligation in this Agreement on a person not to do something includes an obligation not to agree, allow, permit or acquiesce in that thing being done.
References to Clauses, Sub-clauses and Schedules are to the Clauses and Schedules of this Agreement.
In using the Service you must at all times:
- Be able to enter into a legal contract.
- Be at least eighteen (18) years of age.
- Only hold one Grandbazaar account at any time.
- Only use a valid e-mail address, which does not have a set expiry time/window.
- Ensure that all information provided is true, accurate and not misleading at the time of writing.
In using the Service you must not at any time:
- Use someone else’s Grandbazaar account.
- Gain access to another Grandbazaar account.
- Buy or sell any Grandbazaar account or account information.
- Impersonate another Grandbazaar user or Grandbazaar account holder
- Try to mislead or trick Grandbazaar in order to gain any advantage.
- Post inaccurate, false, misleading, defamatory or libellous Content.
- Post information and/or Content onto the Site that may harm Grandbazaar or any of its account holders, employees, consultants, officers, directors, shareholders, agents or any member of the public or any other person whomsoever or whatsoever.
- Manipulate or gain advantages over other Grandbazaar users and/or account holders in a manner not intended by the services guidelines and/or help tools.
- Resell items bought on Grandbazaar for business purposes.
- Lie or send misinformation regarding the delivery of any item.
- In any way engage in activities involving Grandbazaar in illegal activities, including (but not limited to) money laundering.
All information and Content on the Site remains the copyright and trademark (registered or unregistered) of Grandbazaar. You may not copy, modify or distribute this content unless offered as a service.
The information and/or content on the Site is the property of Grandbazaar and, unless offered as a Service, users and/or account holders are not permitted to distribute, download, store, spam or abuse any data obtained or gleaned from the Site.
Grandbazaar may at any time without notice to you:
- Terminate, delay, suspend, alter or completely remove the Service or any part thereof.
- Remove offensive, derogatory and/or abusive Content and close the account of any account holder reasonably suspected of producing, uploading such Content.
- Interrupt or delay the Service or any part thereof for such time as is necessary and for any reason related to the business operations of Grandbazaar.
- Take technical and/or legal steps to remove any user and/or account holder entirely from the Site if, in its reasonable belief, the user/account holder is or has engaged in activities contrary to any of these Terms and Conditions.
Grandbazaar is not responsible for any loss any user or account holder may incur as a result of using the Service.
Grandbazaar has the right to use any Content and/or information submitted to the Site for any purpose including but not limited to, publicity, marketing, service improvements, including use on 3rd party applications.
Spam and Unsolicited Messages
Grandbazaar will only send out account information e-mails to users and/or account holders who have explicitly agreed to receive such e-mails.
In line with The Privacy Act 1988 (Privacy Act)Key Service updates are not regarded as Spam and may be sent to all users with/ without express permission.
No account holder may use data obtained or gleaned from the Site to send out e-mails that do not directly relate to the Service.
Any services on Grandbazaar that allow users to communicate are offered in good faith with an understanding that any communications will be good natured and sent with good reason. We will not tolerate communication that has seemingly no reason and/or is an advertisement for a third party service/product.
Any communication or data transferred over the Site may be scanned, filtered and monitored. You are responsible for any communication or actions from your Grandbazaar account.
Grandbazaar will cooperate with any regulatory and/or law enforcement agency, from any country where necessary to provide or hand over information that is lawfully requested.
Abuse of Grandbazaar service and interface
While we will make every effort to remove out of date information from the Site, we can accept no responsibility for any information on any page (including ‘content’ pages) that is not accurate or is out of date.
You agree (as a user or account holder) that you will not, in a group or by yourself, authorise, employ, lease, knowingly allow or solicit:
- Any robot, spider or other automated means to access Grandbazaar.
- Any service (free or paid for) that automates interactions with the Grandbazaar services that are intended for genuine human involvement.
- Any action that imposes unreasonable or disproportionate loads on our technical infrastructure; we hold the authority to determine and define this action.
- Any action that removes, modifies or deletes any data from the Grandbazaar servers outside intended means to do so by the service options.
- Any actions that copy, reproduce, modify, create derivative works from, distribute or publicly display any content from Grandbazaar without express permission.
- Any unauthorised 3rd party tool that interferes (actual or attempted) with the service, and reduces or hinders use to yourself or any other users.
- Any activity that can or tries to bypass any security measures we may use to prevent or restrict access to the Site.
General Account Holder Information
The Site allows users to share personal information with us and with other users.
Grandbazaar will use its reasonable endeavours to keep your personal data private and secure.
Grandbazaar accepts no liability for any form of obtrusive, illegal, unintended, hacked activity that ultimately leads to the release of personal data.
You may at times be shown the information of other users who Grandbazaar believe share similar interests, have been involved in the same actions as yourself, or may have reason to be grouped together. While every effort is made to keep this sharing as targeted as possible, some users may abuse the system or Grandbazaar may interpret inputted information incorrectly. For this reason Grandbazaar can take no liability for how this information is shared correctly or incorrectly. Where used, such use of data for targeting can be adjusted inside your “My Data And Privacy” section inside your Grandbazaar account.
Grandbazaar is unable to fully safeguard or control how other account holders may use your information and for this reason we encourage you to evaluate the information you provide to the Site and understand, before submitting, how your data will be used. In return we expect you to respect other users data and treat it how you would treat your own.
Charges from Grandbazaar
For all markets, Grandbazaar operates using the Grandbazaar Base Rate. Any charges from Grandbazaar will be made visible on the Site before any payment is taken (this may not include agreed recurring payments). There are various services where a fee may apply and each service clearly lists how this fee is applied. You will be responsible for any additional taxes or any other charges that occur from using the Service. This includes (but is not limited to) those Users who choose to use 3rd parties to ship items outside the Australia, where additional shipping and/or custom charges may apply.
Please see the appropriate section within these Terms & Conditions relating to payments and/or fee charges for your desired activity with Grandbazaar.
Use of all account content
By uploading, adding or submitting content to the Site, you grant us a non-exclusive, worldwide, perpetual, irrevocable, royalty-free, right to exercise any and all copyright, publicity, trade marks, database rights and intellectual property rights you have in the Content, in any media known now or in the future. In addition, you waive all moral rights you have in the Content to the fullest extent permitted by law.
Grandbazaar will not be held responsible for any inaccuracies in our search results or listed data. You will also remain responsible for any data submitted to Grandbazaar and must ensure that you alter, amend or delete any information that is no longer relevant.
You agree not to post, upload or supply in any way any Content (or links to content) that:
- Is obscene, fraudulent, indecent, discourteous, racially offensive or abusive;
- defames, abuses, harasses or threatens others;
- contains any viruses, Trojan horses, worms, time bombs, cancelbots, or other disabling devices or other harmful component intended to damage, detrimentally interfere with, surreptitiously intercept or expropriate any system, data or personal information;
- advocates or encourages any illegal activity;
- violates the privacy of individuals, including other users of the Site; or
- violates any applicable local, state, national, or international law
General Liability/Indemnity understanding
In addition, and not replacing any other release from and/or limitation of liability under these Terms & Conditions, Grandbazaar will not be liable for:
- Any actions by users or account holders (including information posted, uploaded, items listed, sold or bought) that do not represent the Service
- Any actions by users or account holders which are in breach of any code of conduct or guidelines issued by us at any time.
- Any fraudulent items sold via the Service by a 3rd party Seller.
- Any review, statistic or calculation that is not factually representative.
- Any 3rd party service (e.g. payment) where Grandbazaar has no control.
- Any sale and purchase conducted through the Site where the purchaser is another user or 3rd party.
- Any falsity in user-provided account information.
- Any business losses, such as loss of data, revenue, opportunity, reputation, goodwill, profits, or business interruption or for any losses which are not reasonably foreseeable by us arising, directly or indirectly, out of your use of or your inability to use Services.
Any failure on Grandbazaar’s behalf to act immediately or in reasonable time to a breach by you or others does not waive our right to act with respect to subsequent or similar breaches.
Regardless of the above list, if we are found to be liable, our liability to you or to any third party is limited to the lesser of (a) Fees and Services you paid to us in the 12 months prior to the action, giving rise to the liability, and (b) $100.
Some jurisdictions do not allow the disclaimer of warranties or exclusion of damages, so such disclaimers and exclusions may not apply to you.
Nothing in these Terms & Conditions shall limit or exclude our liability for fraudulent misrepresentation, for death or personal injury resulting from our negligence or the negligence of our agents or employees or for any other liability that cannot be limited or excluded by law.
While many services and results on Grandbazaar are formed ‘organically’, we may at any time and at our discretion alter elements of the Site to benefit companies or individuals who have purchased preferential rights to gain additional/favoured exposure.
Grandbazaar may place any form of advertisements at any place on the Site.
To the extent reasonably practicable, we may indicate on the Site which goods and services are advertisements for any promotion that falls outside the Service. You are free at any time to select or click on these advertisements at your free will.
Links to and from other websites
Some services on Grandbazaar have a high proportion of external links to third party websites over which we have no affiliation or control regarding their content.
Third party websites are linked to the Site to provide information and are intended to be for your convenience. While every effort has been made to guide content posters (account holders) as to the correct information to link to, we have no control over and do not accept any responsibility and/or liability for any content, data or other elements you may encounter on any third-party websites.
Grandbazaar may become integrated closely with various social networking websites (such as Facebook) and we similarly do not accept any responsibility and/or liability for any loss or damage that may arise from your use of any social networking website whether such use is through or in conjunction with the Site or not.
All users and/or account holders are deemed to accept and understand that access to any third-party websites is entirely at their own risk.
We understand that due to the social nature of the Service your involvement with other users and/or account holders may extend beyond the Service and may extend outside the platform Grandbazaar provides. For this reason, you release Grandbazaar from any claims, demands and damages of every kind associated with or arising out of or in connection with such extended use and/or involvement.
You hereby agree and undertake to compensate and/or indemnify Grandbazaar for any misuse or abuse that breaches these Terms & Conditions or your use/misuse of the Site which results in any losses, damages, fines, compensation or costs (including reasonable legal fees).
Use of the Site does not at any time render you the partner, agent, joint venture, employee-employer, franchise-franchisee of Grandbazaar.
Any legal notices can be validly served on Grandbazaar only in original written form and sent by registered mail:
LEGAL NOTICE – The Chief Executive Officer
Please note the above address is not our legal registered address which is:
To be advised
Any response may be made by return post if suitable details are given for us to process in this way.
Alternatively, we may serve you any notice by registered mail, or electronic email associated to your user account (or provided by you) to the address you provided during the registration process or a card billing address registered in your name.
Notices sent to either party by Australia Post registered/tracked mail shall be deemed to have been received by that party three days after the date of mailing OR after the tracking notification shows it has been received.
Third Party rights
A person who is not a party to these Terms & Conditions has no right under the (Australian Contract Law) to enforce any term of them but this does not affect any right or remedy of a third party specified in them or which exists or is available apart from the Act.
These Terms & Conditions shall be construed in accordance with the laws of Australia including any dispute arising out of in connection with them.
Any dispute arising out of these Terms & Conditions shall be subject to the exclusive jurisdiction of the courts of Australia
Use as a “Grandbazaar Users”:
Why register or guest checkout: In order to provide you with a fully featured customer service both before and after any potential sale, we may need you to register. Registration is also used to protect your personal details and provide you with an easy access point when needing to review past and present orders, along with details relating to them. Where available, Guest Checkout is considered a simpler form of registration, but your email will still be stored and you may be asked to enter a password.
Passwords: You may be automatically assigned a password when registering your e-mail on the Site if you are not asked to provide one at registration. If you are automatically assigned a password, we strongly recommend that you change the issued password to one of your own choice. This password is very important to your use of the Service and to your security. Accordingly, you must keep the password confidential and you must refrain from letting others know about it at all times. You agree that any person to whom you disclose your password is authorised to act as your agent for the purposes of using the Service and you release Grandbazaar of any liability from the consequences (financial or other) that may follow as well as giving the same undertaking in respect of such other person’s use of the Site as you give at “RELEASE” above.
Valid E-mail Address: Every account registered on the Site must have a valid and genuine e-mail address and/or 3rd Party account that links to a valid e-mail address of your own. Any accounts that have been registered without a valid e-mail will be terminated without notice. It is usual practice for Grandbazaar to require verification by way of e-mail for any new e-mail account and/or change of e-mail.
Closing Accounts: We have the right at all times to close an account at any time, with no notice and with no obligation to fulfil any account order or recover any financial loss on your behalf howsoever suffered.
Multiple logins: While we accept people may use multiple logins by way of division between personal/business and other uses on the Site, we reserve the right to take action across all your accounts if required.
Grandbazaar users protection & resolution guidelines
While Grandbazaar will make every effort to create a fair, peaceful community, we rely on our user and/or account holders to make us aware of misconduct or issues related to any of the Service from any users and/or account holders.
In order to achieve the safest environment for our Grandbazaar Users we have created a set of Grandbazaar Users “Resolution Guidelines” which will help resolve disputes with Sellers and other account holders
- You should adopt normal internet-advised security measures before buying online.
- You should always keep in mind that despite efforts, Grandbazaar may not be able to fully vet every Seller and you should therefore exercise due care when buying through the Site.
- Although Grandbazaar aims to list exact, like for like matches to any web URL they provide as a reference, you should carefully read through the Grandbazaar Offer before purchasing; you are purchasing the product description of the Grandbazaar Offer, NOT the website from which you made your original demand.
- You should take the time to read through and understand all polices, including but not limited to, warranty, postage, returns and Seller individual terms & conditions before committing to purchase.
- If you purchase an Offer we automatically request payment for the money from your provider. If the payment is made you are deemed to have purchased this Offer. If your funds fail to be taken, Grandbazaar may attempt to capture the payment (without notice) for the next 7 working days.
- Your point of contact at all times regarding an Offer after any sale is the Seller. The Seller will provide sufficient contact information to ask questions or seek further advice. Where possible make sure you receive any advice in writing.
- Although Grandbazaar tries to mitigate and listing errors of a Product, you understand that mistakes may occur, and the purchase of an Offer may be cancelled, refunded or otherwise reimbursed should this take place, without further compensation or recourse.
- Any request for a refund, exchange or dispute should first be placed through the Seller. If this is not resolved to your satisfaction it should then be escalated to Grandbazaar customer services who have the final say on the matter with regards to the Service we offer. If you are not happy with the results you always have the option to discuss the matter with your payment provider (e.g. credit card etc.).
Fiat Currency Payment
We use Stripe.com and Paypal.com for all our fiat currency transaction processing as they are highly recognised, reputable and reliable systems. The payment provider may change at any time without notice.
Once you choose to purchase a Grandbazaar offer and click pay, you will be taken through the payment process managed by Stripe, where you should follow the online instructions.
All fiat payments are calculated based on the Grandbazaar Base Rate.
Authorise and capture for Fiat payments
Authorise and Capture of payment may occur in different ways. By standard Authorise and Capture happens instantly on a purchase on the Grandbazaarplatform, however there are times when we may separate this process. When we authorise your payment we request clearance from your provider for the money to be made available to us. During this time of authorisation although no payment will be taken from your account the money may not be available for you to spend (the assigned amount) outside the Grandbazaar environment. If we do not receive authorisation from you, or authorisation is rejected at any stage we have the unqualified right to cancel your participation in the relevant Offer and you will have no further participation from the point of cancel. Once authorisation is confirmed you have fully committed to your purchase and cannot reverse this action. If you wish to cancel the contract of sale you may do so by contacting the Seller who will advise on the next steps.
Capturing payment is the process when we take money from your account. Generally, we will do this when the when you purchase the Offer. However, we may capture payment at a later date if you are purchasing a service or product from Grandbazaar that requires a delayed payment.
We understand that our Grandbazaar Users are the key to our business; therefore, security is of paramount importance and with Stripe’s strict controls we can be sure our high standards are enforced. Despite this, Grandbazaar accepts no responsibility and/or liability for any problems, fees, security issues, losses, damages arising in connection with or out of any 3rd Party API, Service or application.
Refund/Return policy for buyers
It is the Seller’s responsibility to list its Refund/Return Policy for Grandbazaar Users to read and understand. However, it is the Grandbazaar Users responsibility to fully understand the agreement they are entering into and the options available to them in the event of a Refund, Return or disagreement scenario.
At all times your first point of contact is the Seller. The Seller will have the ability to offer and process refunds at its discretion, in accordance with the agreement you have signed up to by accepting the Seller’s terms & conditions. Whilst Grandbazaar will endeavour to help with any situation, Grandbazaar does not have any obligation in regard to the manner in which it decides to become involved with decisions between Grandbazaar Users and Sellers.
At all times if there is an inconsistency between these Terms & Conditions and the Seller’s terms & conditions which affects the use of the Site or your activities on the Site, these Terms & Conditions take precedence and you agree that these Terms & Conditions shall prevail in relevant dispute between you and us.
For fiat payments refund shall always be calculated based on the Grandbazaar Base Rate, for example if a purchase is fully refunded without cost, and it was purchased for $100, $100 will be refunded.
Purchasing on Grandbazaar
Send you E-mails: Grandbazaar will e-mail with regards to your Purchases on Grandbazaar.
Lost/ Stolen Account Information: It is your duty at all times to make us aware if your account information is lost or stolen.
Value Added Tax: Grandbazaar makes every effort to include Value Added Tax (VAT) for the AUSTRALIA only on all listings. We cannot make allowances however for countries outside the AUSTRALIA where further tax implications may apply.
Seller Terms: You should note that Sellers will have a separate set of Grandbazaar terms & conditions to follow for their use of the Grandbazaar service. You must also understand that the Seller will also add their own terms & conditions to the Grandbazaar Offer and it is your duty to fully understand them.
Accurate Information: At all times Grandbazaar tries to make sure that all information on the Site is accurate. We also require all account holders only submit accurate information. We cannot be liable for any user submitted information on the Site, including purchases.
Content of Information: It is the aim of Grandbazaar to make the Content suitable for a family audience at all times. For this reason, you are refrained from posting any Content which may be classed as unsuitable according to this standard and as adjudged by us at our sole discretion.
We will aim to notify you by e-mail at all important instances throughout the Grandbazaar process. Whilst we will do our best to make sure these notifications are regular and up to date we cannot be responsible for any impact they may have on your decision-making process or usability of the Service. You have options to turn off e-mail notifications in your Account page. We are not responsible for how these e-mails are delivered as we use a 3rd party to power this.
The information stored in your Grandbazaar account is deemed as private and we will offer security measures to the best of our ability in order to keep this information secure. We do not hold your payment information on file (See Payment) however Sellers will have access to your postal address, e-mail and further information required in order to process your Orders. While every Seller has agreed to access information responsibly and only use this information to complete sales, dispatch your goods and/or services and offer a high level of customer service, we take no responsibility and/or liability arising out of any Seller’s use of information you have provided.
We understand that the Service, despite our best intentions, may at times have issues such as bugs and/or other conditions that might hinder the Service from performing as intended. We also are aware that with 3rd parties utilising the Site, many aspects of our Service are beyond our control and we can accept no responsibility and/or liability arising out of in connection with this.
For any complaints or problems please contact the customer service options available from the Site.
Name & E-mail
You are required to register with a valid e-mail address. You should note that when choosing your postage options on our Site it is best to provide your real name in order to save confusion with any delivery firms, but this is a matter of good practice and not a requirement. You may be asked to verify your e-mail on sign up. If you are unable to verify your e-mail then you will not be able to use the Service. Please check all spam/junk filters if you do not receive an e-mail confirmation from us.
Grandbazaar users vs Seller agreement
It should be understood at all times whilst using Service that the consequent contract for purchase is between the Grandbazaar Users and the Seller. Grandbazaar acts as facilitator of the sale only.
As a seller
By signing up as a Seller you agree you have read, understood and agree to the Terms & Conditions associated with being a Grandbazaar Users (buyer).
END of Grandbazaar User Agreement / Terms and Conditions