Terms of Service

1. Introduction and Acceptance

Welcome to ViPicks ("we," "us," "our," or the "Platform"). ViPicks is an Australian premium product sharing and marketplace platform operated by ViPicks, located in Australia.

These Terms of Service ("Terms") constitute a legally binding agreement between you and ViPicks. By accessing or using our Platform, you agree to be bound by these Terms and our Privacy Policy. If you do not agree to these Terms, you must not use our Platform.

2. User Accounts and Registration

2.1 Account Creation

• You must be at least 18 years old to create an account
• You must provide accurate, current, and complete information
• You are responsible for maintaining the confidentiality of your account credentials
• You must notify us immediately of any unauthorized use of your account

2.2 Account Types

ViPicks offers different account types:

• Buyer Account: Browse and purchase products
• Seller Account: List and sell products (subject to verification)
• Premium Seller: Access to advanced features and analytics

2.3 Account Suspension and Termination

We reserve the right to suspend or terminate accounts that violate these Terms, engage in fraudulent activity, or harm the Platform community.

3. Marketplace Rules and Policies

3.1 For Buyers

• Purchase products in good faith with intent to complete transactions
• Provide accurate shipping and payment information
• Communicate respectfully with sellers
• Report any issues or disputes promptly

3.2 For Sellers

• List only authentic, legal products
• Provide accurate product descriptions and images
• Honor listed prices and shipping commitments
• Ship items within stated processing times
• Maintain minimum seller performance standards
• Comply with all applicable Australian laws and regulations

3.3 Prohibited Items and Activities

The following are strictly prohibited:

• Counterfeit or stolen goods
• Dangerous or regulated items
• Items that infringe intellectual property rights
• Misleading or deceptive conduct
• Price manipulation or shill bidding
• Harassment or abusive behavior

4. Fees, Payments, and Commissions

4.1 Platform Fees

• Transaction Fee: 5% commission on successful sales (excluding GST)
• Payment Processing: Standard payment processing fees apply
• Listing Fees: Free for standard listings; premium features may incur charges

4.2 Payment Terms

• All prices are in Australian Dollars (AUD) unless otherwise stated
• Prices include GST where applicable
• Sellers receive payment after successful delivery confirmation
• ViPicks uses Stripe for secure payment processing

4.3 Refunds and Disputes

Refunds are handled in accordance with Australian Consumer Law. Buyers are entitled to refunds for:

• Items not as described
• Faulty or damaged products
• Non-delivery within reasonable timeframes

5. Australian Consumer Law and Guarantees

5.1 Consumer Guarantees

Under the ACL, consumers have guaranteed rights including that goods must be:

• Of acceptable quality
• Fit for any disclosed purpose
• Match the description provided
• Match any sample or demonstration model
• Come with clear title and ownership
• Not have undisclosed securities
• Come with manufacturer's warranty (where applicable)

5.2 Major vs Minor Failures

Major failures: Consumers can choose a refund, replacement, or compensation for reasonably foreseeable loss.

Minor failures: Sellers must provide repair, replacement, or refund within a reasonable time.

6. Shipping and Delivery

6.1 Shipping Services

• ViPicks partners with Sendle for shipping services
• Sellers must ship within stated processing times
• Tracking information must be provided for all shipments
• International shipping is subject to additional terms

6.2 Risk and Title

Risk of loss and title for items pass to the buyer upon delivery to the carrier, except where the buyer has specified the carrier.

7. Intellectual Property Rights

7.1 Platform Content

All content on ViPicks, including logos, text, graphics, and software, is owned by or licensed to ViPicks and protected by Australian and international copyright laws.

7.2 User Content

By posting content on ViPicks, you grant us a non-exclusive, worldwide, royalty-free license to use, reproduce, and display such content for Platform operations.

7.3 Infringement Claims

We respect intellectual property rights. To report infringement, contact us at legal@vipicks.com.au with detailed information.

8. Liability and Indemnification

8.1 Platform Role

ViPicks acts as a marketplace facilitator, not as a buyer or seller. We are not party to transactions between users.

8.2 Limitation of Liability

To the maximum extent permitted by law, ViPicks' liability is limited to:

• The resupply of services; or
• The payment of the cost of having services resupplied

8.3 Indemnification

You agree to indemnify ViPicks against any claims, losses, or damages arising from your use of the Platform or breach of these Terms.

9. Privacy and Data Protection

Your use of ViPicks is subject to our Privacy Policy, which complies with the Privacy Act 1988 (Cth) and the Australian Privacy Principles (APPs).

We collect, use, and disclose personal information as described in our Privacy Policy. By using ViPicks, you consent to such collection and use.

10. Dispute Resolution

10.1 Platform Dispute Resolution

ViPicks provides a dispute resolution service for transaction-related disputes. Users must attempt resolution through our platform before pursuing external remedies.

10.2 External Dispute Resolution

If disputes cannot be resolved through our platform, you may contact:

• Australian Competition and Consumer Commission (ACCC)
• Your state or territory consumer protection agency
• Australian Small Business and Family Enterprise Ombudsman

10.3 Governing Law

These Terms are governed by the laws of New South Wales, Australia. You submit to the non-exclusive jurisdiction of the courts of New South Wales.

11. Changes to Terms

We may update these Terms from time to time. Changes will be effective upon posting to the Platform. Continued use after changes constitutes acceptance of the modified Terms.

For significant changes, we will provide notice via email or Platform notification at least 30 days before the changes take effect.

12. Contact Information

13. Definitions

• "Platform" means the ViPicks website, mobile applications, and related services
• "User" means any person who accesses or uses the Platform
• "Seller" means a User who lists products for sale
• "Buyer" means a User who purchases products
• "Content" means any text, images, videos, or other materials posted on the Platform
• "ACL" means the Australian Consumer Law
• "GST" means Goods and Services Tax

14. Severability

If any provision of these Terms is found to be invalid or unenforceable, the remaining provisions will continue in full force and effect.