Effective Date: 1 August 2025 | Last Updated: 7 August 2025
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.
Important: These Terms are governed by Australian law, including the Australian Consumer Law (ACL) and the Competition and Consumer Act 2010 (Cth).
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
Service Fee: ViPicks charges no sales commission: no fee is a percentage of the item price. Each order carries one service fee per seller, GST included. We keep it as low as we can and may change it; the amount that applies is the one shown before you confirm an order. Where the buyer pays for postage, the buyer and the seller each pay half of the service fee and of the postage for the cheapest service the listing offers, and the buyer pays for any faster service the buyer chooses; where the seller offers free shipping, the seller pays both
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
Nothing in these Terms excludes, restricts, or modifies any consumer rights under the Australian Consumer Law (ACL) that cannot be excluded, restricted, or modified by agreement.
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 arranges shipping through Australian carriers, selected per order
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 or damage stays with the seller until the items are delivered to you. Title passes to you on delivery.
If you authorise an unattended delivery (Authority to Leave, sometimes called Safe Drop), delivery is complete when the carrier leaves the parcel as you directed, and risk passes at that point.
Nothing in this clause limits your rights under the Australian Consumer Law, including your right to a remedy where items are not delivered. See section 4.3.
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
ViPicks Pty Ltd
Email: support@vipicks.com.au
Legal: legal@vipicks.com.au
Address: 477 Pitt Street, Haymarket, NSW 2000
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.