These terms and conditions (Terms) govern the relationship between Pop’d and any Vendor. These Terms constitute a legally binding agreement between Pop’d and each Vendor.
Where the Vendor is an entity such as a company, or partnership, the individual that accesses and uses this Website agrees to these Terms on behalf of the Vendor and represents to Pop’d that he/she has the authority to bind the entity to these Terms.
This Website allows a Vendor to list their Products and or Services for sale to Users.
Pop’d reserves the right to suspend or remove any Listing, advertisement or posting on the Website where the Vendor has violated these Terms or where the Vendor appears to have infringed or possibly infringed any laws or regulations including any intellectual property rights.
Once the Vendor has registered with Pop’d the Vendor will be allocated a Vendor Profile.
The Vendor agrees to list its Product or Services on this Website using accurate and up to date information, including photographs, descriptions, availability and any applicable terms and conditions.
As one component of the Listing Fee, a commission of 4% is payable to Pop’d by the Vendor (Commission Fee).
Payment of the Commission Fee will be automatically paid to Pop’d once a User makes payment for a Product or Service.
The remainder of the User’s payment will be automatically paid into the Vendor’s Stripe account.
In the event that a refund is given to a purchaser in respect of Products, the Commission Fee will be refunded to the Vendor, subject to sufficient evidence of such refund being provided by the Vendor to Pop’d.
The Vendor must pay to Pop’d the applicable Listing Fee for the entire duration of the Listing.
The Listing Fee, save for the Commission Fee, is payable via direct debit on the first day of each monthly billing period and the Vendor authorises payment in this method by providing its details in the Vendor Profile.
Any transaction fees incurred by Pop’d in relation to payment of the Listing Fee are payable by the Vendor, and the Vendor authorises any such fees to be debited from its account with the Listing Fee.
In the event that there are not sufficient funds in the Vendor’s nominated bank account and the Vendor subsequently defaults in payment to Pop’d, the Vendor Profile will be suspended immediately until such time as payment is made to Pop’d.
Each Listing can be advertised for any period determined by the Vendor.
Listings can be suspended or removed by the Vendor at any time, and the Vendor will only be charged the Listing Fee for Active Listing Month
Pop’d may, at its discretion, offer the Vendor a trial period, for any length of time prescribed by Pop’d, and varied from time to time (Trial Period).
During a Trial Period:
the fee of $1 is payable in lieu of the Monthly Subscription Fee; and
the Monthly Subscription Fees are not applicable, and become payable on the first day after the expiry of the trial period.
Subject to clauses 18 and 19, the Listing Fees are payable in full during the trial period.
A Vendor may cancel a Listing at any time. The Vendor is not entitled to any refund of Listing Fees attributable to Active Listing Month.
If a Vendor cancels a Listing, the Vendor indemnifies and must keep indemnified Pop’d for any loss or damage caused to Pop’d as a result of the cancellation including any claims made by the User against Pop’d.
The Vendor agrees to fulfil all Product purchases or provision for Services up to and including the date of the cancellation.
Liability of Damage
To the extent permitted by law, Pop’d excludes all implied warranties and conditions which might otherwise apply to these Terms.
Pop’d assumes no liability for the Vendor’s compliance with or lack of compliance with any laws, regulations and agreements with the User.
Pop’d makes no warranties or representations about the fitness for purpose or merchantable quality of the Products or Services as described by the Vendor. It is the Vendor’s responsibility to ensure that the representations are true and correct and that the Product or Service is fit for the listed purpose.
To the extent permitted by law, Pop’d, its directors, officers, employees and agents accept no claim for any loss of whatever nature, including consequential loss or damage, or claims by any User or third party against the Vendor arising out of or in connection with the use of this Website or the Product or Service except to the extent that the claim arises out of the gross negligence of Pop’d.
The Vendor holds harmless and indemnifies Pop’d for any claim, loss including consequential loss, damage or injury Pop’d incurs or sustains as a direct or indirect result of breach of these Terms by the Vendor.
The Vendor provides the following warranties to Pop’d:
Accuracy of information
that it is the owner of the Products or provider of the Services; and
that all the information provided in relation to the Products or Services in the Vendor Profile is up to date and accurate and that any changes made to the Products or Services will be reflected immediately; and
that it will provide all information to the User to ensure that the User can use the Products for their permitted purpose.
Compliance with the law, licences and permits
that it has all the required licences and insurances, including public liability insurance relating to the Products and/or Services; and
that it has complied with all applicable laws to facilitate the User using the Product or receiving the Services for its permitted purpose.
This Website, as well as the content, images and other graphical elements, structure, source code, commercial trademarks, trademarks and any other distinctive signs of any type included in the same, are owned by Pop’d or by third parties and are protected by intellectual property rights. Use, reproduction, distribution, public communication, transformation or any other similar activities regarding the contents and elements available on the Website are hereby expressly prohibited, unless Pop’d has given written consent.
The Vendor is solely responsible for any infringement of any intellectual property rights of any third party resulting from the Vendor’s use of this Website, and the Vendor indemnifies Pop’d for any claim, costs, expenses, damages or liability incurred by Pop’d arising from any such infringement.
That the Vendor will prepare the Products for dispatch or provide the Services in the time advertised by the Vendor, ensuring that they are of merchantable quality and fit for their intended purpose. In the event that the Product is not prepared or dispatched, or the Services not provided by the Vendor in the time specified then the Vendor agrees to be liable for and indemnify Pop’d in relation to any breach of this clause.
The Vendor or Pop’d may terminate these Terms by giving the other party notice in writing of such termination via firstname.lastname@example.org, subject to and conditional upon both parties performing all of their existing obligations under these Terms.
Pop’d may vary any of these Terms at any time subject to the Vendor being informed of same through the Vendor Profile.
If a dispute arises between Pop’d and the Vendor arising out of these Terms (Dispute) neither party shall start arbitration or court proceedings (except proceedings seeking interlocutory relief) unless that party has complied with the following process:
a party claiming that a Dispute has arisen must notify the other party of the details of the Dispute in writing within 7 days through the Vendor Profile setting out the cause of the dispute being known to that party;
for a period of fourteen (14) days after a notice is given (Initial Period), each party must use their best endeavours to resolve the Dispute;
if the Dispute remains unresolved after the Initial Period, it must be referred for mediation within 7 days at the request of either party to:
a mediator agreed to by the parties; or
if agreement is not reached, a mediator nominated by the President of the Law Institute of Victoria or his delegate;
each party must bear its own costs of complying with this clause and the parties must bear the costs of the mediator equally.
Governing Law and Jurisdiction
The laws of Victoria govern these Terms. The Vendor and Pop’d irrevocably submit to the non-exclusive jurisdiction of the Courts of Victoria.
These Terms together with the information on the User Profile form the entire understanding between the Vendor and Pop’d.
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