ATC Packaging

Terms & Conditions

These Terms

ADD TO CART PACKAGING is a marketplace that allows users to offer, sell and buy packaging
(“Products”). These terms and conditions govern your use of our website, software and
applications provided by us (collectively, our “Platform”.

Please read these terms carefully before you use our Platform.
These terms tell you who we are, the conditions on which you
may be a seller on our Platform, what to do if there is a problem,
and other important information. If you think that there is a
mistake in these terms or require any changes, please contact us
to discuss

By using our Platform, you agree to these terms. If you are using
our Platform as a representative of an entity, you are agreeing to
these terms on behalf of that entity.

Information about us and how to contact us

We are MOKOKO PTY LTD, a company registered in
Australia, trading as ADD TO CART PACKAGING. Our
Australian Company Number is 641 556 005 and our
registered office is at 11 Paddy Miller Avenue Currans Hill
NSW 2567.

If we have to contact you, we will do so by telephone or by
writing to you at the email address or postal address you
provided to us.

For any questions or problems relating to our Platform, our
Products or these terms, you can contact us by telephoning
our customer service team at 0414837340 or email us or
write to us at 11 Paddy Miller Avenue Currans Hill NSW
2567.

When we use the words “writing” or “written” in these
terms, this includes emails.

Contracts for sale

We are a marketplace that allows users to offer, sell and buy Products. The actual contract for sale of Products is
directly between the seller and the buyer. We are not liable to any person in relation to an offer for sale, sale, or
purchase of any Product listed on our Platform. We are not responsible for the enforcement of any contractual
obligations between any buyer and any seller.

We have no control over and we do not guarantee the existence, quality, safety or legality of the items offered or advertised on our Platform, the accuracy, completeness or truth of any content or listings posted by users, the credit worthiness of any user, the ability of sellers to sell or buyers to buy, or that a particular buyer and seller will complete a particular transaction.

We are not involved in any transaction between a buyer and a seller on our Platform save that we facilitate a marketplace for buyers and sellers and process payments on behalf of sellers

We are not an agent of any buyer or seller.

We may (at our discretion but are not obliged to) check,
audit or monitor the information contained in listings,
comments and/or reviews posted by users

A buyer may place orders on the Platform as instructed on
our Platform. A seller’s acceptance of a buyer’s order will
take place when they email the buyer to accept it, at which
point a contract will come into existence between the seller
and the buyer.

We will assign an order number to each order. Please tell
us the order number whenever you contact us about your
order

Our Platform is solely for the sale and promotion of Products in Australia

Terms and Conditions for sale

If you list an item on our Platform, you agree to comply with
our rules for listing, content policies and selling practices
from time to time in force. You are responsible for the
accuracy, completeness and truth of the content of the
listing and the Product offered.
We reserve the right to
modify, suspend or delete any listing that violates our rules,
policies and practices, or to improve user experience

We have full discretion in determining the appearance,
placement and order of listings in search and browse
results. The factors we may consider in making such a
determination may include the buyer and seller’s respective
location, the search terms used, and the buyer and seller’s
respective history on the Platform.

All sellers on the Platform must clearly state the terms and conditions
of sale (“Seller’s Terms”) in their listings, including the following information:

  • forms of accepted payment
  • taxes and applicable government-imposed fees (if any);
  • shipping method, costs and expected time;
  • return policy (e.g., the time period within which the
    buyer must notify the seller about return, who’s responsible
    for the cost of return shipping)
  • refund or replacement policy (e.g., the time period within
    which refund or replacement will be arranged).

You are responsible in keeping any content and information posted accurate and up to date. You should delete any listings that are no longer available.

You must comply with all applicable laws and regulations in providing, delivering or rendering the Products that you offer or sell.

All sellers using the Platform must pay us a non-refundable marketplace fee equivalent to five per cent (5%) of an order’s total sale price (includes shipping and handling costs and taxes) immediately upon payment by the buyer.

Content

When providing content on or to our Platform, you grant us a non-exclusive, worldwide, perpetual, irrevocable, royalty-free, sub-licensable right to use, reproduce, process, adapt, modify, publish, display and distribute such content for the purposes of providing the Products to you and the promotion of our Platform

  • the content is accurate, up to date and not misleading
  • you own or otherwise control all necessary rights to meet your obligations under these
    terms regarding such content;
  • The use of such content does not and will not infringe any intellectual property rights of any third party

It is your responsibility to review the content of your
listings for accuracy

We do not take any responsibility, nor do we assume any liability, for any content provided by you or any third party.

You will indemnify us and will keep us indemnified from and against all actions, claims, demands, suits and/or proceedings and any loss, damages, compensation, costs (including legal costs), charges and expenses to which we shall or may become liable with respect to or arising from or in connection with your listing.

A Seller’s rights to make Changes

Sellers may make minor changes to their Products from time to time in order to:

  • Reflect changes in relevant laws and regulatory requirements;
  • Implement minor technical adjustments and improvements, for example to address a
    security threat. These changes will not affect a buyer’s use of the Product.

If a seller makes significant changes to their Products or the Seller’s
Terms for the Products, the seller will notify the buyer prior to the
changes take effect. If the buyer does not accept the changes, the buyer
may contact the seller to end the contract before the changes take effect
and receive a refund for any Products paid for but not received.

A Seller’s rights to make Changes

A seller may end the contract for a Product at any time by writing to a buyer if

  • The buyer does not, within a reasonable time, allow the seller to deliver the Products
    to the buyer or collect them from the seller; or
  • The buyer does not make any payment to the seller when it is due and still does not
    make payment within seven (7) days of the seller reminding the buyer that payment is due.

If the seller ends the contract in the situations set out in Clause 7.1 the seller will refund any money the buyer has paid in advance for Products that have not been provided, but the seller may deduct or charge reasonable compensation for the net costs the seller will incur as a result of the buyer breaking the contract

Price and Payment

The price of the Product will be the price indicated on the order pages
when a buyer places his order. Each seller must take all reasonable care
to ensure that the price of the Product advised is correct.

Our Responsibility for loss or damage suffered by you

Subject to Clause 9.2:

  • All warranties, conditions, or terms relating to fitness for purpose, quality, or condition of the Products, whether express or implied by statute or common law or otherwise, are expressly excluded
  • we shall not be liable to you (whether in contract, tort or otherwise) for any loss of profit or any indirect or consequential loss arising from or in connection with the provision of the Products
  • our total liability to you for all losses arising from or in connection with the use of the Platform shall be limited to the price of the relevant Products sold to you on our Platform
Nothing in these terms will limit or exclude our liability for:
  • death or personal injury caused by our negligence, or the negligence of our employees, agents or subcontractors (where applicable)
  • fraud or fraudulent misrepresentation;
  • any matter in respect of which it would be unlawful for us to exclude or restrict liability

 

 

Use Of Responsibilities

In the event you process personal data relating to a buyer for the
purpose of effecting a transaction or otherwise using the Platform,
you confirm and undertake that you will only process such
personal data for the sole purpose of participating in the
marketplace on the Platform and (where applicable) to supply the
Products to buyers and you will take reasonable measures to keep
such personal data secure.

Entire Agreement

These terms constitute the entire agreement between any user and us in relation to the use of the Platform. These terms supersede and extinguish all other agreements, promises, assurances, warranties, representations and understandings between any user and us, whether written or oral, in relation to the use of the Platform

These terms constitute the entire agreement between any user and us in relation to the use of the Platform. These terms supersede and extinguish all other agreements, promises, assurances, warranties, representations and understandings between any user and us, whether written or oral, in relation to the use of the Platform

Other Important Terms

We may transfer our rights and obligations under these terms to another organisation. We will contact you to let you know if we
plan to do this. If you do not wish to continue the contract with the transferee, you may contact us to end the contract within one
(1) calendar month of us informing you of the proposed transfer and we will refund you any payments you have made in advance
for Products not provided

You may only transfer your rights or your obligations under these terms to another person if we agree to this in writing.

If a court finds part of this contract illegal, the rest will continue in force. Each of the paragraphs of these terms operates separately. If any court or relevant authority decides that any of them are unlawful, the remaining paragraphs will remain in full force and effect.

Even if we delay in enforcing this contract, we can still enforce it later. If we do not insist immediately that you do anything you are required to do under these terms, or if we delay in taking steps against you in respect of your breaking this contract, that will not mean that you do not have to do those things and it will not prevent us taking steps against you at a later date. For example, if you miss a payment and we do not chase you but we continue to provide the Products, we can still require you to make the payment at a later date

Governing Law and dispute resolution

These terms are governed by and shall be construed in accordance with the laws of the
New South Wales in the Commonwealth of Australia

The courts of New South Wales shall have exclusive jurisdiction to settle any dispute or claim arising out of or in
connection with these terms.

Guarantee

If you are a company, then the person signing this agreement on your behalf acknowledges that they are authorised to act for and on behalf of the company and that they have the authority to bind the company to the terms of this agreement.

The person who signs the acceptance form below for or on behalf of any company hereby, unconditionally and irrevocably, personally guarantees payment of all monies due and payable to us by virtue of this agreement