ATTENTION: we are not able to manually translate the entire content of the platform because the platform is growing very fast. The content is entered in English and translated automatically. We apologize if there are mistakes in text which are caused by automatic translation. Because we are trying to help the growing international community of Oziway users, we think that it is more important to deliver the content in many languages to many people, at least in a way which is mostly correct (even if it has mistakes), than to omit many people. We will try to fix the most obvious translation mistakes.

Terms and Conditions

 

Introduction

 

The following terms and conditions apply when you use of our platform Oziway.com and any corresponding websites used for publication of items added by Sellers, currently these include:

- ar.oziway.com
- oziway.at
- oziway.com.au
- bd.oziway.com
- oziway.be
- bo.oziway.com
- oziway.com.br
- bw.oziway.com
- oziway.by
- oziway.com
- oziway.com.co
- cd.oziway.com
- cl.oziway.com
- cm.oziway.com
- oziway.cn
- cr.oziway.com
- cu.oziway.com
- oziway.cz
- oziway.de
- oziway.dk
- do.oziway.com
- ec.oziway.com
- eg.oziway.com
- oziway.es
- et.oziway.com
- oziway.fr
- gh.oziway.com
- gm.oziway.com
- oziway.gr
- gt.oziway.com
- oziway.hk
- hn.oziway.com
- oziway.id
- oziway.in
- oziway.it
- ke.oziway.com
- oziway.kr
- lr.oziway.com
- ls.oziway.com
- mw.oziway.com
- oziway.com.mx
- na.oziway.com
- ng.oziway.com
- ni.oziway.com
- oziway.net
- oziway.nl
- pa.oziway.com
- pe.oziway.com
- pk.oziway.com
- oziway.pl
- oziway.pro
- oziway.ro
- oziway.ru
- sd.oziway.com
- oziway.si
- oziway.sk
- ss.oziway.com
- sv.oziway.com
- oziway.com.ua
- ug.oziway.com
- oziway.co.uk
- oziway.us
- uy.oziway.com
- ve.oziway.com
- za.oziway.com
- zw.oziway.com
- Oziway Network mobile app (Appstore and Google PlayStore)

By accessing or using our websites in any way, you agree to be bound by our contract below

This contract describes the Terms and Conditions applicable to the use of the services offered by Oziway within the sites mentioned above. Any person acting on their own behalf or on behalf of a legal entity who wishes to access and / or use the sites or services may do so subject to these Terms and Conditions, together with all other policies and documents that govern Oziway which are incorporated by reference.

The User must read, understand and accept all the conditions established in the Terms and Conditions and in the Privacy Policies, as well as in any other documents incorporated or linked therein by reference, prior to their registration as a User of our services.

The Services are only available to people who have legal capacity to contract. Persons who do not have this capacity, minors or Users of Oziway who have been temporarily suspended or permanently disabled may not use the services. If you are registering a User as a Company, you must have the capacity to contract on behalf of such an entity and to bind it under the terms of this Agreement.

ANY PERSON THAT DOES NOT ACCEPT THESE TERMS AND CONDITIONS OR OTHER INCORPORATED DOCUMENTS BY REFERENCE, WHICH HAVE AN OBLIGATORY AND BINDING NATURE, SHALL REFRAIN FROM USING OUR WEBSITES AND / OR SERVICES.

 

1. Definitions

 

1.1. “you” and “your” and “yours” are references to you the person accessing our websites.

1.2. “Oziway”, “We”, “Us”, are references to Oziway Australia, 8 Cycas Street, Marcoola Sunshine Coast, Queensland 4564, Australia. Email address: [email protected]

1.3. “Chosen Payment Operator” are references to Oziway (China) Limited, Room 705, Lingnan Road 85, Foshan City, Guangdong, China. This entity is responsible for accepting payments from buyers, and fulfilling withdrawal requests from Buyers (for payments for their items) and from Promoters (for the earned commissions)

1.4. Item is a Product or Service or General Information added by the User (Seller) for publication on the Oziway platform

1.5. Seller is the User adding for publishing on the Oziway Platform an Item (Product or Service or General Information), the item will be published on the Oziway Platform for all Users to see.

1.6. The Seller of the item whose contact details are displayed on the “Seller Details” tab of the item page, is the entity responsible for the completion transaction, and takes on the full responsibility for the fulfillment of the transaction. The Seller is bound by a sales contract with the Buyer and takes on all the responsibilities that go along with such a contract

1.7. The word “Wallet” refers to the electronic wallet used for payments and payouts in the Oziway martketplace, sometimes also referred to as “E-Wallet”. The wallet is filled with funds (commissions for promotion and money from sales) and the funds will be available for withdrawal by the User to bank account, WeChat, PayPal or Western Union.

1.8. because the platform is operated by an Australian Entity (platform) and a Chinese Entity (payment platform), and used by a Seller, Buyer and Promoters which might all reside in different countries, the word “law” means the combined current legislation or law in Australia, China, and the country of the Seller, Buyer and Promoter (involved in promoting the transaction). For example, the phrase prohibited by law means that if an item or transaction is prohibited in any of the above countries, it is prohibited on the Oziway platform.

1.9. A Buyer is the User which decides to buy a published product/service or respond to a product/service demand on the platform. Oziway is a platform that allows users to add items, sell and buy just about anything in a variety of currencies and locations. The actual contract for sale is directly between the Seller and Buyer

 

2. Our Websites

 

2.1. The information, content and material available on these websites will vary from time to time without notice to you. This is because the Websites are a marketplace where Sellers continuously add Products and Services and where they can also add information about their needs for Business contacts)

2.2. The information available on the websites will also vary from time to time without notice, because we make the changes to ensure that the website is as up to date and functional as possible

2.3. The websites comprise of:

- i) oziway.com - the main landing page of the shop consumers as well as Sellers and Promoters. On Oziway.com after login, there is the Dashboard used by Sellers to post products, and by Promoters to enable and optimize their online Websites.
- ii) national shop website front pages, like oziway.com.au - the shop interface for Australian Customers, oziway.cn for Chinese customers and so on (different countries have different domains).
- iii) oziway.com/network/ - The business dashboard for Sellers and Promoters
- iv) Oziway Network mobile app (Appstore and Google PlayStore)

2.4. More information about how these websites work, is available under the Help link at the bottom of this page

2.5. We aim to have the websites available at all times, however, we cannot guarantee this or that it will be error free and we cannot accept liability for any issues that this may cause

2.6. You must not interfere with the working of our websites nor must you circumvent security on the site, tamper with, or hack into, or otherwise attempt to disrupt our computer system, server, website, router or any other internet connected device or service. You must not use the website to gain unauthorized access to any other computer system or website

2.7. Our website is intended for your personal or commercial use only (which must be reasonable and not offensive, abusive or in breach of any law or order). You are not permitted to access, use or copy any material or information on this website for any unlawful purpose

2.8. You are not allowed to use any device or software, or other means to interfere in the activities and operations of Oziway or with the published items, descriptions, accounts or databases of Oziway. Any interference, attempt or activity that violates or contravenes the laws on intellectual property rights and / or the prohibitions stipulated in this contract will make the responsible party liable for the pertinent legal actions, and the sanctions provided for in this agreement, as well as responsible to indemnify the damages caused.

 

3. Registration and Information About You

 

3.1. Where we have requested information from you, you agree to provide us with accurate and complete information.

3.2. It is mandatory to complete the registration form in all its fields with valid data in order to use the services provided by Oziway. The future User must complete it with their personal information in an exact, accurate and true manner (Personal Data) and assumes the commitment to update the Personal Data as necessary. Oziway may use various means to identify its Users, but Oziway is not responsible for the accuracy of the Personal Data provided by its Users. The Users guarantee the accuracy, validity and authenticity of the Personal Data entered

3.3. At its sole discretion, OZIWAY may require additional registration data for Users operating as car dealers or real estate agents

3.4. Oziway reserves the right to request proof of identity and / or additional data in order to process the Personal Data, as well as temporarily or permanently suspend those Users whose data could not be confirmed. In these cases of disqualification, all published articles, items and messages will be removed, without generating any right to compensation

3.5. The User will access his personal account by entering his login and chosen personal password. The User undertakes to maintain the confidentiality of his password

3.6. The Account is personal, unique and non-transferable, and it is forbidden for the same User to register or own more than one Account. In case Oziway detects different Accounts that contain matching or related data, we may cancel, suspend or disable those accounts without prior notice

3.7. The User will be responsible for all the operations carried out on his Account, since access to it is restricted to the entry and use of a password, known only to the User. The User agrees to notify Oziway immediately, of any unauthorized use of their Account, as well as the entry by unauthorized third parties to it. This does not prevent the User from being responsible for the operations that are carried out from their Account

3.8. The sale, assignment or transfer of the Account (including reputation and qualifications) is prohibited for any reason

3.9. Oziway reserves the right to reject any application for registration or to cancel a previously accepted registration, without being obliged to communicate or explain the reasons for its decision and without this generating any right to any compensation

3.10. You authorize us to use, store or otherwise process your Personal Information in order to allow us, or third parties, to provide goods and services to you and for marketing purposes. The purpose may include the disclosure of your personal information to selected third parties where we believe that the goods or services offered by such third parties may be of interest to you or where this is required by law or in order to provide the goods or service to you. An example of this is providing Your personal information to the Seller who needs to send you the ordered Product, or to the transport company that needs to deliver those goods to your address

3.11. You are entitled to view and modify the personal information we hold on you. This is available in the Business Dashboard.

3.12. We are not responsible for the improper use of your Personal Information made by these third parties like Service providers or Product suppliers. In some cases, these third parties will collect information directly from the user.

3.13. In the event that you provide, in your own initiative, additional information to said third parties directly, such parties will use this information in accordance with their own privacy policies

3.14. More information about how we handle your information can be found here: https://oziway.com/privacy/

 

4. For Buyers

 

4.1. A Buyer will make purchase offers for products and contracting offers for services

4.2. The Buyer is obligated to try to contact the Seller and complete the transaction if they have made an offer for a published item, unless the operation is prohibited by law or the Terms and Conditions and other policies of Oziway, in which case the Buyer will not be obliged to proceed with the transaction

4.3. When making an offer for an item the Buyer agrees to be bound by the conditions of sale included in the description of the article to the extent that they do not violate the laws or the Terms and Conditions and other policies of Oziway. The offer of purchase is irrevocable except in exceptional circumstances, such as that the Seller substantially changes the description or price of the article after an offer is made, that there is a clear typographical error, or that the Buyer can not verify the identity of the Seller

4.4. The purchase offers will only be considered valid, once they have been processed by the computer system of Oziway

4.5. As established by current tax regulations, the buyer must demand an invoice or receipt from the Seller as proof of purchase. The Seller is not obligated to issue an invoice or receipt only in the case of an individual who makes occasional sales

4.6. Please take note who you are buying from. You are buying from an external entity, whose contact details are displayed on the Seller Information page of the published item. We are a marketplace publishing items added by Sellers. When you decide to buy, you enter into a legally binding contract with the Seller to purchase an item when you commit to buy the item

4.7. You are responsible for reading the full offer description before making a commitment to buy a Product or Service

4.8. Oziway does not transfer legal ownership of items from the Seller to the Buyer

4.9. By choosing Sellers with best opinion history, you are increasing your chances of positive transaction experience

4.10. There is a possibility of an unsuccessful transaction. This is because there might be a Seller which will not respect the transaction terms. For this reason, unless you know who you are buying from (from previous experience), we ask you to take all necessary precautions that you would normally take when purchasing from an unknown partner. Additionally, report dispute cases to us using the form on the Contact Page, link is at the bottom of this page so we can take appropriate action in solving your transaction dispute

4.11. While we may help in the resolution of disputes through various procedures, Oziway has no control over and does not guarantee the existence, quality, safety or legality of items advertised; the truth or accuracy of user's content or listings; the ability of Sellers to sell items; or that a Seller will actually complete a transaction

4.12. In order to increase safety for all parties, we make our best efforts to ensure that transactions are successfully fulfilled. We offer ways to report by Sellers and Buyers any bad experiences that they might have while buying or selling on Oziway. These opinions are then publicly available for others to see. Because accounts are verified when they are setup, it will be difficult for a dishonest User to setup a second account

4.13. By choosing the Online Payment option during the transaction, you are increasing the chance of a successful User experience. We use a Chosen Payment Operator to process the payments, and pay to the Seller once we receive confirmation from the Buyer that the item has arrived. If no confirmation is received within 7 days of the intended date of the transaction finalization, the transaction is assumed as complete and the payment is forwarded to the Seller

 

5. Return Policy AND Refund Policy.

 

5.1. If you as a Buyer need to Return the Product or Service, please contact the Seller that You purchased the item from. Contact information to them is available on the orfer page, or in the My Orders dashboard (go into the details of the order to see Seller contact information)

In most cases:

- services are not refundable, unless the service has not been done. Please write to us within 10 days of the purchase to explain what has not been done, so that we can resolve the dispute with the service provider and either ensure that it gets done, or ask them to return your payment
- digital products are not refundable, unless the download link is not working. Please write to us within 10 working days of the purchase so that we can verify and deliver your product. If you have any other issues with the product, please let us know, so that we can resolve the dispute with the digital product provider
- for physical products, write to us using the “Returns and Refunds” module in the Dashboard, the “Contact Form”, the internal “Messenger” module, or via email (email address on the Contact page), to explain the problem with the item

 

5.2. We respect the standard Warranty conditions in your country, and require Seller to do so also, under a set of conditions outlined below:

Generally this means:

- a term of up to 2 years from the date of purchase for product defects, or as required by your country legislation
- a term of up to 10 days return policy, or as required by your country legislation for unconditional returns
- an unconditional return if your product does not arrive within 30 days from the date of purchase (unless otherwise stated on the offer page or Transaction Fulfillment Module, especially for international purchases), or as required by your country legislation

 

5.3. After a refund is agreed on, you will receive a credit to your Oziway Wallet balance for the price of the product (excluding any transport, tax or customs fees that may arise while the product is shipped from or back to us). This credit can be used to make another purchase, or to request a withdraw to your personal bank account, Wechat, PayPal or via Western Union

5.4. Please note that in most cases, warranty does not cover normal use of the product (wear and tear).

5.5. In order to start the refund procedure, you will need to return the Product (in the same condition you received it, in the original packaging, with the original receipt) at your own cost to the address of the Seller where the product will undergo a qualification analysis.

5.6. Upon a successful qualification for a refund, the credit will be added to your Wallet balance by the Seller

5.7. If there are any issues with the qualification, the Seller should contact you to get more information and to continue the qualification process

 

6. For Sellers

 

The acceptance of these regulations obliges Sellers to fully comply with and compensate for occasional damages due to their non-observance or neglect, which will be their responsibility

Therefore Oziway expects Sellers to consistently provide a service that provides a high level of satisfaction to the Buyer. This includes setting the expectations of the Buyer and meeting them, offering excellent customer service from start to finish

6.1. The User must add items to be published, in the appropriate categories and subcategories

6.2. Publications may include descriptive texts, graphics, photographs and other content and conditions relevant to the sale of the item or the contracting of the service, provided that they do not violate any provision of this Agreement or other policies of Oziway

6.3. The item offered by the Seller must be exactly described in terms of its relevant conditions and characteristics. OZIWAY may remove any publication whose description does not match the product offered

6.4. It is understood and presumed that by added the offer on Oziway, the Seller accepts that they have the intention and the right to publish the item, or are authorized to do so by its owner and have them available for the immediate delivery or service (unless described otherwise on the item page)

6.5. It is established that the prices of the published items must be expressed with appropriate GST or VAT tax when applicable, and in legal tender currency

6.6. Oziway may remove any published item whose price is not expressed in this way to avoid confusion or misunderstanding regarding the final price of the offer

6.7. In the event that any of the provisions set forth in the clauses 6.1, 6.2, 6.3, 6.4, 6.5, 6.6 are violated, Oziway may edit the offer, request the Seller to edit it, or cancel the publication where the infringement is found

6.8. Inclusion of images and photographs. The user can include images and photographs of the published item as long as they correspond to the item, except in the case of goods or products or services that by their nature do not allow this publishing. The Seller declares and guarantees that they are authorized to include the images and photographs contained in the publications, being responsible for any infringement of the rights of third parties

6.9. Oziway may prevent the publication of the photograph, and even of the offer, if it interprets, in its sole discretion, that the image does not comply with these Terms and Conditions

6.10. The User grants Oziway a free and unlimited authorization to publish and / or adapt the images included in its publications for the purpose of product classification in all its sites, social networks and / or by any means that Oziway uses for its communication

6.11. It is expressly established that no description may contain personal or contact information, such as, and not limited to, telephone numbers, e-mail address, postal address, Internet page addresses containing data such as those mentioned above. In the event that any of the provisions established in this clause are violated, Oziway may edit the offer, request the Seller to edit it, or delete the offer where the violation is found

6.12. Prohibited Items. Only those whose sale is not expressly prohibited in the Terms and Conditions and other policies of Oziway or by current law, may be published on Oziway

6.13. The Seller User must have the legal capacity to sell the published item

6.14. If the Seller has received an offer of purchase from a Buyer for the price that was set in the offer, he is obligated to try to communicate with the buyer and complete the transaction with the Buyer who made the offer. Only in exceptional cases the Seller may void the sale, such as when he has not been able to agree with the Buyer on the form of payment, delivery or it is not possible to verify the true identity, address or other important information of the Buyer.

6.15. Oziway will have the right to offer the Online Payment method differently to those Sellers which have been verified by Oziway. For a Verified Seller (who sends formal documents proving their business operations), items published with Online Payment will be made available instantly. For other Sellers (not verified), Items will need to be verified by Oziway before they are published. For Offline payment items, all are published instantly irrespective of whether the Seller has been verified or not

6.16. Oziway will have the right to require, according to the criteria it deems appropriate, that certain Sellers only advertise their goods or services on the platform through the use of Online Payment or, certain Item categories are only available through the use of Online Payment, and within a certain level of commission (for example downloadable digital products), for the quicker collection of the fees and distribution of the commissions.

6.17. Given that Oziway is only a point of contact between Buyer and Seller and does not participate in the operations carried out between them, the Seller will be responsible for all the obligations and tax charges that correspond to the sale of its items, and Oziway will be exempt from any type of responsibility for breaches in this regard.

6.18. Taxes - As mentioned above, Oziway only makes available to users a virtual space that allows them to communicate through the Internet to find a way to sell or buy products and / or services

6.19. Oziway does not have any participation in the process of negotiation and completion of the transaction between the parties, therefore, Oziway is not responsible for the effective compliance with tax or tax obligations established by current law

6.20. The Seller accepts that his Buyer can revoke the purchase within a period of 10 days after receiving the product. Likewise, the Seller accepts that the buyers may request the exchange or return of the product under the general legal terms

6.21. In any of the aforementioned cases, the Seller must accept the exchange or return of the item sold and may be responsible for the expenses that this entails, including shipping costs that may be necessary

6.22. Oziway may debit these costs from the wallet balance of the Seller

6.23. As a Seller, you undertake, independently, without legal subordination, using your own means and a professional autonomy, to market your items within the Oziway platform, for which you will carry out the following activities in an appropriate and timely manner:

- Solve problems with your clients quickly
- Make your shipments on time, within the specified management period
- Manage inventory and keep it up to date
- Specify the shipping costs and shipping handling time
- Follow your return policy
- Respond promptly to Buyers questions
- Be helpful, friendly and professional during a transaction
- Make sure the item is delivered to the Buyer, as described on the page
- You will ensure to provide a positive experience for the Buyer

 

6.24. Regulatory compliance: In case the Seller fails to comply with the policy described in 6.23, Oziway may unilaterally set limits to the sales activity of the Seller within the platform, hide the Sellers items for a period of time, and even prohibit entry to the platform and thus prohibit the sale of items by the Seller. In case of non-compliance with the Terms and Conditions, this Policy and any other policy established by Oziway, the Seller will be prohibited to register a new account until they resolve or clarify the breach committed

6.25. While posting your offers remember that:

- You are allowed to post your Offer, provided that it is not illegal in Australia, China or within the country in which you reside
- You will not post, list or upload content or items in inappropriate categories or areas on our sites
- You will not breach or circumvent any laws, third-party rights or our systems or policies
- You will not use our Services if you are not able to form legally binding contracts, or are temporarily or indefinitely suspended from using our sites, services, applications or tools
- You will not fail to deliver Products or Services offered by you, unless you have a valid reason, for example, the Buyer fails to comply with the posted terms in your listing or you cannot contact the buyer
- You will not post false, inaccurate, misleading, deceptive, defamatory, or libelous content
- You will not take any action that may undermine the feedback or ratings systems
- You will not distribute or post spam, unsolicited or bulk electronic communications, chain letters, or pyramid schemes
- You will not distribute viruses or any other technologies that may harm Oziway or the interests or property of users
- You will not interfere with the working of our Services
- You will not offer content as a Seller that does not belong to you or will not belong to you at the time when it needs to be delivered
- You will not infringe the copyright, trademark, patent, publicity, moral, database, and/or other intellectual property rights that belong to or are licensed to Oziway or any other Party, without prior consent of that Party
- You are responsible for the accuracy and content of the listing and item offered
- If Your tax institutions or the Customer require You to issue a receipt for the offered product (for tax purposes), You will issue such a receipt. If You are not able to issue a receipt, You will inform the Customer before they declare to Buy Your product or service
- We have the right to deactivate or delete any products and suspend user accounts without prior notice, in case of breach of any of the above
- in order to be able to sell with an online payment to consumers, you nered to be a Verified Seller and have your products Verified. In such cases, we wil buy the product from you and resell to the consumer. Please contact Oziway to enquire about the verification process
- Even if you did not start the verification process, a consumer might choose to buy your product with an online payment. In such a case, we will contact you about you selling the product to us, and we will sell the product to the consumer using our online payment systems

 

6.26. Prohibited Items: a Seller can add to the Oziway platform only those items whose sale is not expressly prohibited by law or in the Terms and Conditions and other policies of Oziway, among the prohibited item categories there are:

- Adults Only products (sexual products)
- Wild animals and products: for example, live animals, dissected or dried specimens
- Charity and fundraising
- Used cosmetics
- Counterfeit coins and stamps
- Credit cards
- Descriptions of drugs or similar substances
- Illegal Drugs and related products
- Firearms and hunting knives
- Government documents and identification cards
- Hazardous materials: for example, batteries, fireworks and refrigerants
- Remains of parts of humans and animals
- Offensive materials: for example, ethically or racially offensive and memorable materials from the German Nazi era
- Pesticides
- Police items
- Prohibited services
- Stolen property
- Tobacco or marijuana

 

6.27. Online Payments: The Seller may use the online payment services provided by Oziway. In this case, the payments made by Buyers will be credited to the bank account owned by Chosen Payment Operator, to be subsequently sent to the accounts of each of the Sellers as requested.

 

7. For Promotors - Commissions

7.1. The only commissions that you are entitled to, are success fees of your direct sales or the sales of promotors invited directly by you (recruited by you) to Oziway, payable after Oziway receives the Commission from the Sellers

7.2. Once a Buyer registers from your promotional link or from your website (both links are available in your Dashboard), they are placed in your organization structure and all subsequent orders are added to your turnover for commission calculation

7.3. Once a Promoter registers from your registration link, they are placed in your organization structure and their direct Promotion resulting in their commission, results in a small commission for you also

7.4. Every Commission is allocated to:

- i) The commission for the 1st level Promotor (the promoter that made the sale)
- ii) The commission for the 2nd level Promotor (the promoter that invited the 1st level Promoter to Oziway)
- iii) The commission for Oziway
- iv) Administration fees for transactions (like credit card payment fees by Seller etc.)

 

7.5. You are obligated to report all earnings from Oziway, to your tax authorities in your country, in order to pay appropriate taxes

7.6. We will not report this to any tax authorities, with the exception of Australia (in case of a tax audit)

7.7. If Your tax authority requires You to issue an invoice or a receipt for the commission that You receive from Oziway, please issue this document and send a copy to Oziway. Company details to place on the document, and contact details to send a copy of the document to, can be found on the Contact page

7.8. The minimal threshold to payout a commission is $10 USD. All payouts are charged a certain percentage of the payout amount to pay for payment fees, bank transfers etc. When requesting a payout, you will see which payout method is charged what percentage (for example Western Union is more expensive than Bank Transfer, but WeChat is the cheapest). The payouts are calculated in the USD currency (and converted to your currency at the time of payment according to our exchange tables which are linked to xe.com exchange service)

7.9. Currently we use 4 payment methods to deliver the money to you:

- i) Bank Transfer (we use Transferwise.com)
- ii) WeChat (for China)
- iii) PayPal
- iv) Western Union (collect cash in Western Union offices around the world)

 

7.10. The commissions are paid in monthly intervals at the end of the calendar month

7.11. All commission payouts need to be requested at least 7 days before the end of the calendar month, we need time to process the commission requests

 

8. Charges and Billing

 

Registration on Oziway is free

The Seller only has to pay Oziway a declared commission for the sale when the transaction is completed

The commissions and other charges calculated by the system are due to be paid by the Seller within the designated time

In case of Online payment transactions, these charges are deducted automatically from the payment made by the Buyer.

In case of Offline payment transactions, the Seller is obligated to pay the declared commission after completing the transaction, using an online payment gateway of their choice. The Dashboard system informs the User, what charges are due for payment.

All charges paid to Oziway will result in tax Receipts for marketing services being issued by Oziway for the amount of the commission

In the event that the due charges are not paid within 7 days of notice, the items of the Seller will be suspended from publishing.

In the event that the due charges are not paid within the next 7 days, the Seller account will be deactivated and items will be deleted from the platform

In order to reactivate the account, additional charges may apply

In the event that the due charges are not paid within the following 14 days, Oziway may initiate legal action

 

9. Intellectual Property Rights Ownership

 

All rights created in relation to the contents of this platform and any trademarks or marks used on the website vest in us absolutely or under license. You must not modify, copy, reproduce, upload, post, transmit or distribute by any means or in any manner whatsoever, any material or information or download from our website except where expressly invited to do so or indicated on our platform

 

10. Linked Sites

 

There are a number of links on our website to third party websites which we believe may be of interest to you. We do not represent the quality of the goods or services provided by such third parties nor do we have any control over the content or availability of such sites. We cannot accept any responsibility for the content of third party websites or the services or goods that they may provide to you

 

11. Limitation of Liability

 

11.1. Great care has been taken to ensure that the information available on this website is correct and error free. We apologize for any errors or omissions that may have occurred. We cannot warrant that use of the website will be error free or fit for purpose, timely, that defects will be corrected, or that the site or the server that makes it available are free of viruses or bugs or represents the full functionality, accuracy, reliability of the website and we do not make any warranty whatsoever, whether explicit or implied, relating to fitness for purpose, or accuracy. This does not affect your statutory rights as a consumer

11.2. Oziway is making its best attempt to ensure that published items do not infringe intellectual and property rights and any other rights of third parties. Third parties who are entitled to rights may identify and request the removal of those items that in their discretion infringe or violate their rights. In the event that Oziway suspects that an illegal or infringing activity of intellectual or property rights is being committed, Oziway reserves the right to adopt all measures it seems appropriate

11.3. We do not accept any liability for any delays, failures, errors or omissions or loss of transmitted information, viruses or other contamination or destructive properties transmitted to you or your computer system via our website.

11.4. We have taken all reasonable steps to prevent internet fraud and ensure any data collected from you is stored as securely and safely as possible. However, we cannot be held liable in the extremely unlikely event of a breach in our secure computer servers or those of third parties.

11.5. Because we do not have control over the items that the Sellers post, no responsibility can be attributed to Us for illegal products or services, stolen or those in poor condition. In turn, the Buyer should verify the items that they intend to buy. Dealing with Verified Sellers increases the chance of positive Buyer experience

11.6. We try to verify items that are added on Oziway, additionally the Sellers are obligated to add only items which do not breach current law. Nevertheless, we can not take responsibility in case a Seller adds an item which breaches this agreement, especially paragraph 6

11.7. If there are any disputes between sides of a transaction in Oziway, we will use our legal capacities to take the side of the party which we feel is affected by this commercial activity

11.8. Based on this, it should be noted that we do not take any responsibility that has to do with an illegal transaction that could damage our image

 

12. Administration

 

Each user of this website acknowledges and agrees that the services offered by Oziway and covered by this service may, under separate agreements between Oziway and third parties, be provided by subcontractors. In particular but not limited to, the services of administering this service and billing and payment services

Every person accessing this website hereby agrees to the execution of above mentioned services by subcontractors, and acknowledges the fact that subcontractors will have access to user data and transactions carried out by them

Oziway undertakes to ensure that subcontractors comply with all Terms and Conditions of this agreement and will provide the highest level of services

 

13. Sanctions. Suspension of accounts and services

 

13.1. Without prejudice to other measures, Oziway may warn, suspend temporarily or permanently disable a User account or a published item, apply a penalty that negatively impacts the reputation of a User, initiate the actions it deems appropriate and / or suspend the provision of its Services to the User if:

- i) any law, or any of the stipulations of these Terms and Conditions and other policies of Oziway will be violated.
- ii) if you fail to fulfill your commitments as a User.
- iii) if at the discretion of Oziway you are involved in malicious or fraudulent conduct or acts.
- iv) the identity of the User could not be verified or any information provided by the User would be wrong

 

13.2. Under no circumstance will a User use a device, software, or other means tending to interfere with any of the activities or operations of Oziway and the published items, descriptions, accounts or databases of the Oziway Platform. Any interference, attempt or activity in violation of the beforementioned or contrary to the laws on intellectual property rights and / or the prohibitions stipulated in this contract will make the User personally responsible for the relevant legal actions, and the sanctions provided for in this agreement, as well as hold him liable to indemnify the damages caused. Additionally, in such cases, the User account will be suspended immediately without this generating any right to any compensation by the User

13.3. Oziway understands that item publications or other actions by a User may cause a responsibility to Oziway or to other Users (for example Buyers). In the case of the suspension or disqualification of a User, all the items that were published by the User who is Seller will be hidden. Offers for the purchase of items published by the suspended User will also be Cancelled in the system

 

14. Responsibility

 

14.1. Oziway only makes available to Users a platform which is a virtual space that allows them to communicate through the Internet to find a way to sell or buy products or services

14.2. Oziway in general is not the owner of the items offered, does not own them or offer them for sale.

14.3. in some cases, Oziway (China) Limited might be a seller of certain goods in order to make the transaction easier for the Buyer. In every case the details of the Seller of the item is presented on the Seller Details tab of the Item page and this Seller is responsible for delivering the item to the Buyer

14.4. Oziway does not intervene in the operations carried out between the Users or in the conditions stipulated by them, therefore it will not be responsible for the existence, quality, quantity, state, integrity or legitimacy of the items offered , acquired or sent by the Users, as well as the ability to contract by the Users or the veracity of the Personal Data entered by them. Each User knows and accepts to be the solely responsible party for the items published for sale and for the offers and / or purchases made

14.5. Because Oziway does not have any participation during the entire time the item is published, nor in the subsequent negotiation and completion of the definitive contract between the parties (Seller and Buyer), it will not be responsible for the effective fulfillment of the assumed obligations by the Sellers or Buyers. The User knows and accepts that when carrying out operations with other Users or third parties, they do so at their own risk. In no case Oziway will be responsible for lost profits, or for any other damage and / or damage that they may have suffered, due to operations performed or not performed by other Users (Buyers, Sellers or Promoters).

14.6. Oziway recommends acting with prudence and common sense when carrying out operations with other Users. The User must also bear in mind the risks of contracting with minors or with people who use a false identity. Oziway will not be responsible for the fulfillment of offers and / or operations with other Users based on the trust placed in the system or the Services provided by Oziway

14.7. In the event that one or more Users or any third party initiates any type of claim or legal action against another User, each and every one of the Users involved in the claim or action exempts Oziway and its directors, managers, employees, agents, operators, representatives and attorneys from any responsibility.

 

15. Scope of Services of Oziway

 

15.1. This agreement does not create any partnership, mandate, franchise, or employment relationship between Oziway and the User

15.2. The User acknowledges and accepts that Oziway is not a party to any operation, nor does it have any control over the quality, security or legality of the items advertised, the veracity or accuracy of the advertisements, the ability of Users to sell or buy items

15.3. Oziway can not assure that a User will complete an operation, nor will it guarantee that it has verified the identity or Personal Data entered by Users

15.4. Oziway does not guarantee the veracity of third-party advertising that appears on the site and will not be responsible for correspondence or contracts entered into by the User with said third parties or with other Users

15.5. All users carry out their activities independently, that is, without legal subordination, using their own means and with professional autonomy.

 

16. System failures

 

Oziway is not responsible for any damage, or loss to the User caused by failures in the system, on the server or on the Internet. Oziway will not be responsible for any virus that could infect the User equipment as a result of access, use or examination of Oziway platform or following any transfer of data, files, images, texts, or audio contained therein. Users may not impute any responsibility or demand payment for loss of profit, by virtue of damages resulting from technical difficulties or failures in the platform or on the Internet. Oziway does not guarantee the continued and uninterrupted access and use of its website. The system may not be available due to technical difficulties or Internet failures, or for any other circumstances; In such cases, efforts will be made to restore platform availability as quickly as possible, without any responsibility being imposed on Oziway. Oziway will not be responsible for any errors or omissions contained in its website.

 

17. Intellectual property

 

17.1. The contents of the screens related to the services of Oziway as well as the programs, databases, networks, files that allow the User to access and use the Account, are property of Oziway and are protected by the laws and international treaties of copyright, trademarks, patents, models and industrial designs

17.2. The improper use and total or partial reproduction of said contents are prohibited, unless explicitly authorized in writing by Oziway.

17.3. The website may contain links to other websites which does not indicate that they are owned or operated by Oziway

17.4. In virtue that Oziway has no control over such sites, it will not be responsible for the contents, materials, actions and / or services provided by them, nor for damages or losses caused by the use thereof, whether caused directly or by indirectly.

17.5. The presence of links to other websites does not imply a partnership, relationship, approval, support of Oziway to such sites and their contents

 

18. Indemnity

 

18.1. The User shall hold harmless Oziway as well as its affiliates, controlled and / or controlling companies, officers, directors, successors, administrators, representatives and employees, for any claim initiated by other Users, third parties or by any entity, related with its activities on the website, compliance with and / or non-compliance with the Terms and Conditions or other Policies, as well as with respect to any violation of laws or rights of third parties.

18.2. To this end, the User authorizes Oziway to:

- intervene and represent him in said claims, being able to enter into the transactional agreements that he deems appropriate and that tend to avoid higher costs and / or avoid eventual contingencies without limitation, in his name and representation
- withhold and debit from your Account the existing and / or future funds to recover the expenses incurred in the agreements, which may include the fees of the intervening attorneys and court costs in a reasonable amount, and / or
- generate specific debits in the Users billing.

 

19. Anti Money Laundering and Prevention of Terrorism

 

19.1. Users, Promoters, Sellers and Buyers are obligated to perform all activities aimed at ensuring that all their services, products, personnel in charge, employees, partners, shareholders, administrators, customers, suppliers, etc and their resources, are not related or come from illegal activities; particularly, money laundering or terrorist financing

19.2. If there are reasonable doubts about the operations of a User, Buyer, Seller or Promoter, as well as the origin of their assets and / or any of these, will become subject of an investigation of any kind related to illegal activities, money laundering or terrorist financing, in accordance with international law Oziway will have the right to suspend the User account

 

20. General

 

20.1. Modifications of the Agreement: Oziway may modify the General Terms and Conditions at any time by making the modified terms public on the Sites. All modified terms will be effective 7 (seven) calendar days after publication. These modifications will be communicated by Oziway to the users. Any user who does not agree with the modifications made by OZIWAY may request to cancel the account by writing a message to [email protected] from the email address which is linked to the Oziway account

20.2. The use of the website and platform and / or its services implies acceptance of these Terms and Conditions and the Privacy Policy, as well as any other documents incorporated or linked therein by reference

20.3. This Agreement or Document has been translated into different languages by Automatic Translation. In the event that any of the Translations and the English version conflict, the English version shall prevail

20.4. These Terms and Conditions and our agreement shall be governed by and construed in accordance with the laws of Australia. The parties hereto submit to the exclusive jurisdiction of the appropriate courts of Australia

 

Terms and Conditions

 

Introduction

 

The following terms and conditions apply when you use of our platform Oziway.com and any corresponding websites used for publication of items added by Sellers, currently these include:

- ar.oziway.com
- oziway.at
- oziway.com.au
- bd.oziway.com
- oziway.be
- bo.oziway.com
- oziway.com.br
- bw.oziway.com
- oziway.by
- oziway.com
- oziway.com.co
- cd.oziway.com
- cl.oziway.com
- cm.oziway.com
- oziway.cn
- cr.oziway.com
- cu.oziway.com
- oziway.cz
- oziway.de
- oziway.dk
- do.oziway.com
- ec.oziway.com
- eg.oziway.com
- oziway.es
- et.oziway.com
- oziway.fr
- gh.oziway.com
- gm.oziway.com
- oziway.gr
- gt.oziway.com
- oziway.hk
- hn.oziway.com
- oziway.id
- oziway.in
- oziway.it
- ke.oziway.com
- oziway.kr
- lr.oziway.com
- ls.oziway.com
- mw.oziway.com
- oziway.com.mx
- na.oziway.com
- ng.oziway.com
- ni.oziway.com
- oziway.net
- oziway.nl
- pa.oziway.com
- pe.oziway.com
- pk.oziway.com
- oziway.pl
- oziway.pro
- oziway.ro
- oziway.ru
- sd.oziway.com
- oziway.si
- oziway.sk
- ss.oziway.com
- sv.oziway.com
- oziway.com.ua
- ug.oziway.com
- oziway.co.uk
- oziway.us
- uy.oziway.com
- ve.oziway.com
- za.oziway.com
- zw.oziway.com
- Oziway Network mobile app (Appstore and Google PlayStore)

By accessing or using our websites in any way, you agree to be bound by our contract below

This contract describes the Terms and Conditions applicable to the use of the services offered by Oziway within the sites mentioned above. Any person acting on their own behalf or on behalf of a legal entity who wishes to access and / or use the sites or services may do so subject to these Terms and Conditions, together with all other policies and documents that govern Oziway which are incorporated by reference.

The User must read, understand and accept all the conditions established in the Terms and Conditions and in the Privacy Policies, as well as in any other documents incorporated or linked therein by reference, prior to their registration as a User of our services.

The Services are only available to people who have legal capacity to contract. Persons who do not have this capacity, minors or Users of Oziway who have been temporarily suspended or permanently disabled may not use the services. If you are registering a User as a Company, you must have the capacity to contract on behalf of such an entity and to bind it under the terms of this Agreement.

ANY PERSON THAT DOES NOT ACCEPT THESE TERMS AND CONDITIONS OR OTHER INCORPORATED DOCUMENTS BY REFERENCE, WHICH HAVE AN OBLIGATORY AND BINDING NATURE, SHALL REFRAIN FROM USING OUR WEBSITES AND / OR SERVICES.

 

1. Definitions

 

1.1. “you” and “your” and “yours” are references to you the person accessing our websites.

1.2. “Oziway”, “We”, “Us”, are references to Oziway Australia, 8 Cycas Street, Marcoola Sunshine Coast, Queensland 4564, Australia. Email address: [email protected]

1.3. “Chosen Payment Operator” are references to Oziway (China) Limited, Room 705, Lingnan Road 85, Foshan City, Guangdong, China. This entity is responsible for accepting payments from buyers, and fulfilling withdrawal requests from Buyers (for payments for their items) and from Promoters (for the earned commissions)

1.4. Item is a Product or Service or General Information added by the User (Seller) for publication on the Oziway platform

1.5. Seller is the User adding for publishing on the Oziway Platform an Item (Product or Service or General Information), the item will be published on the Oziway Platform for all Users to see.

1.6. The Seller of the item whose contact details are displayed on the “Seller Details” tab of the item page, is the entity responsible for the completion transaction, and takes on the full responsibility for the fulfillment of the transaction. The Seller is bound by a sales contract with the Buyer and takes on all the responsibilities that go along with such a contract

1.7. The word “Wallet” refers to the electronic wallet used for payments and payouts in the Oziway martketplace, sometimes also referred to as “E-Wallet”. The wallet is filled with funds (commissions for promotion and money from sales) and the funds will be available for withdrawal by the User to bank account, WeChat, PayPal or Western Union.

1.8. because the platform is operated by an Australian Entity (platform) and a Chinese Entity (payment platform), and used by a Seller, Buyer and Promoters which might all reside in different countries, the word “law” means the combined current legislation or law in Australia, China, and the country of the Seller, Buyer and Promoter (involved in promoting the transaction). For example, the phrase prohibited by law means that if an item or transaction is prohibited in any of the above countries, it is prohibited on the Oziway platform.

1.9. A Buyer is the User which decides to buy a published product/service or respond to a product/service demand on the platform. Oziway is a platform that allows users to add items, sell and buy just about anything in a variety of currencies and locations. The actual contract for sale is directly between the Seller and Buyer

 

2. Our Websites

 

2.1. The information, content and material available on these websites will vary from time to time without notice to you. This is because the Websites are a marketplace where Sellers continuously add Products and Services and where they can also add information about their needs for Business contacts)

2.2. The information available on the websites will also vary from time to time without notice, because we make the changes to ensure that the website is as up to date and functional as possible

2.3. The websites comprise of:

- i) oziway.com - the main landing page of the shop consumers as well as Sellers and Promoters. On Oziway.com after login, there is the Dashboard used by Sellers to post products, and by Promoters to enable and optimize their online Websites.
- ii) national shop website front pages, like oziway.com.au - the shop interface for Australian Customers, oziway.cn for Chinese customers and so on (different countries have different domains).
- iii) oziway.com/network/ - The business dashboard for Sellers and Promoters
- iv) Oziway Network mobile app (Appstore and Google PlayStore)

2.4. More information about how these websites work, is available under the Help link at the bottom of this page

2.5. We aim to have the websites available at all times, however, we cannot guarantee this or that it will be error free and we cannot accept liability for any issues that this may cause

2.6. You must not interfere with the working of our websites nor must you circumvent security on the site, tamper with, or hack into, or otherwise attempt to disrupt our computer system, server, website, router or any other internet connected device or service. You must not use the website to gain unauthorized access to any other computer system or website

2.7. Our website is intended for your personal or commercial use only (which must be reasonable and not offensive, abusive or in breach of any law or order). You are not permitted to access, use or copy any material or information on this website for any unlawful purpose

2.8. You are not allowed to use any device or software, or other means to interfere in the activities and operations of Oziway or with the published items, descriptions, accounts or databases of Oziway. Any interference, attempt or activity that violates or contravenes the laws on intellectual property rights and / or the prohibitions stipulated in this contract will make the responsible party liable for the pertinent legal actions, and the sanctions provided for in this agreement, as well as responsible to indemnify the damages caused.

 

3. Registration and Information About You

 

3.1. Where we have requested information from you, you agree to provide us with accurate and complete information.

3.2.It is mandatory to complete the registration form in all its fields with valid data in order to use the services provided by Oziway. The future User must complete it with their personal information in an exact, accurate and true manner (Personal Data) and assumes the commitment to update the Personal Data as necessary. Oziway may use various means to identify its Users, but Oziway is not responsible for the accuracy of the Personal Data provided by its Users. The Users guarantee the accuracy, validity and authenticity of the Personal Data entered

3.3. At its sole discretion, OZIWAY may require additional registration data for Users operating as car dealers or real estate agents

3.4. Oziway reserves the right to request proof of identity and / or additional data in order to process the Personal Data, as well as temporarily or permanently suspend those Users whose data could not be confirmed. In these cases of disqualification, all published articles, items and messages will be removed, without generating any right to compensation

3.5. The User will access his personal account by entering his login and chosen personal password. The User undertakes to maintain the confidentiality of his password

3.6. The Account is personal, unique and non-transferable, and it is forbidden for the same User to register or own more than one Account. In case Oziway detects different Accounts that contain matching or related data, we may cancel, suspend or disable those accounts without prior notice

3.7. The User will be responsible for all the operations carried out on his Account, since access to it is restricted to the entry and use of a password, known only to the User. The User agrees to notify Oziway immediately, of any unauthorized use of their Account, as well as the entry by unauthorized third parties to it. This does not prevent the User from being responsible for the operations that are carried out from their Account

3.8. The sale, assignment or transfer of the Account (including reputation and qualifications) is prohibited for any reason

3.9. Oziway reserves the right to reject any application for registration or to cancel a previously accepted registration, without being obliged to communicate or explain the reasons for its decision and without this generating any right to any compensation

3.10. You authorize us to use, store or otherwise process your Personal Information in order to allow us, or third parties, to provide goods and services to you and for marketing purposes. The purpose may include the disclosure of your personal information to selected third parties where we believe that the goods or services offered by such third parties may be of interest to you or where this is required by law or in order to provide the goods or service to you. An example of this is providing Your personal information to the Seller who needs to send you the ordered Product, or to the transport company that needs to deliver those goods to your address

3.11. You are entitled to view and modify the personal information we hold on you. This is available in the Business Dashboard.

3.12.We are not responsible for the improper use of your Personal Information made by these third parties like Service providers or Product suppliers. In some cases, these third parties will collect information directly from the user.

3.13.In the event that you provide, in your own initiative, additional information to said third parties directly, such parties will use this information in accordance with their own privacy policies

3.14. More information about how we handle your information can be found here: https://oziway.com/privacy/

 

4. For Buyers

 

4.1. A Buyer will make purchase offers for products and contracting offers for services

4.2. The Buyer is obligated to try to contact the Seller and complete the transaction if they have made an offer for a published item, unless the operation is prohibited by law or the Terms and Conditions and other policies of Oziway, in which case the Buyer will not be obliged to proceed with the transaction

4.3. When making an offer for an item the Buyer agrees to be bound by the conditions of sale included in the description of the article to the extent that they do not violate the laws or the Terms and Conditions and other policies of Oziway. The offer of purchase is irrevocable except in exceptional circumstances, such as that the Seller substantially changes the description or price of the article after an offer is made, that there is a clear typographical error, or that the Buyer can not verify the identity of the Seller

4.4. The purchase offers will only be considered valid, once they have been processed by the computer system of Oziway

4.5. As established by current tax regulations, the buyer must demand an invoice or receipt from the Seller as proof of purchase. The Seller is not obligated to issue an invoice or receipt only in the case of an individual who makes occasional sales

4.6. Please take note who you are buying from. You are buying from an external entity, whose contact details are displayed on the Seller Information page of the published item. We are a marketplace publishing items added by Sellers. When you decide to buy, you enter into a legally binding contract with the Seller to purchase an item when you commit to buy the item

4.7. You are responsible for reading the full offer description before making a commitment to buy a Product or Service

4.8. Oziway does not transfer legal ownership of items from the Seller to the Buyer

4.9. By choosing Sellers with best opinion history, you are increasing your chances of positive transaction experience

4.10. There is a possibility of an unsuccessful transaction. This is because there might be a Seller which will not respect the transaction terms. For this reason, unless you know who you are buying from (from previous experience), we ask you to take all necessary precautions that you would normally take when purchasing from an unknown partner. Additionally, report dispute cases to us using the form on the Contact Page, link is at the bottom of this page so we can take appropriate action in solving your transaction dispute

4.11. While we may help in the resolution of disputes through various procedures, Oziway has no control over and does not guarantee the existence, quality, safety or legality of items advertised; the truth or accuracy of user's content or listings; the ability of Sellers to sell items; or that a Seller will actually complete a transaction

4.12. In order to increase safety for all parties, we make our best efforts to ensure that transactions are successfully fulfilled. We offer ways to report by Sellers and Buyers any bad experiences that they might have while buying or selling on Oziway. These opinions are then publicly available for others to see. Because accounts are verified when they are setup, it will be difficult for a dishonest User to setup a second account

4.13. By choosing the Online Payment option during the transaction, you are increasing the chance of a successful User experience. We use a Chosen Payment Operator to process the payments, and pay to the Seller once we receive confirmation from the Buyer that the item has arrived. If no confirmation is received within 7 days of the intended date of the transaction finalization, the transaction is assumed as complete and the payment is forwarded to the Seller

 

5. Return Policy AND Refund Policy.

 

5.1. If you as a Buyer need to Return the Product or Service, please contact the Seller that You purchased the item from. Contact information to them is available on the orfer page, or in the My Orders dashboard (go into the details of the order to see Seller contact information)

In most cases:

- services are not refundable, unless the service has not been done. Please write to us within 10 days of the purchase to explain what has not been done, so that we can resolve the dispute with the service provider and either ensure that it gets done, or ask them to return your payment
- digital products are not refundable, unless the download link is not working. Please write to us within 10 working days of the purchase so that we can verify and deliver your product. If you have any other issues with the product, please let us know, so that we can resolve the dispute with the digital product provider
- for physical products, write to us using the “Returns and Refunds” module in the Dashboard, the “Contact Form”, the internal “Messenger” module, or via email (email address on the Contact page), to explain the problem with the item

 

5.2. We respect the standard Warranty conditions in your country, and require Seller to do so also, under a set of conditions outlined below:

Generally this means:

- a term of up to 2 years from the date of purchase for product defects, or as required by your country legislation
- a term of up to 10 days return policy, or as required by your country legislation for unconditional returns
- an unconditional return if your product does not arrive within 30 days from the date of purchase (unless otherwise stated on the offer page or Transaction Fulfillment Module, especially for international purchases), or as required by your country legislation

 

5.3. After a refund is agreed on, you will receive a credit to your Oziway Wallet balance for the price of the product (excluding any transport, tax or customs fees that may arise while the product is shipped from or back to us). This credit can be used to make another purchase, or to request a withdraw to your personal bank account, Wechat, PayPal or via Western Union

5.4. Please note that in most cases, warranty does not cover normal use of the product (wear and tear).

5.5.In order to start the refund procedure, you will need to return the Product (in the same condition you received it, in the original packaging, with the original receipt) at your own cost to the address of the Seller where the product will undergo a qualification analysis.

5.6.Upon a successful qualification for a refund, the credit will be added to your Wallet balance by the Seller

5.7. If there are any issues with the qualification, the Seller should contact you to get more information and to continue the qualification process

 

6. For Sellers

 

The acceptance of these regulations obliges Sellers to fully comply with and compensate for occasional damages due to their non-observance or neglect, which will be their responsibility

Therefore Oziway expects Sellers to consistently provide a service that provides a high level of satisfaction to the Buyer. This includes setting the expectations of the Buyer and meeting them, offering excellent customer service from start to finish

6.1. The User must add items to be published, in the appropriate categories and subcategories

6.2. Publications may include descriptive texts, graphics, photographs and other content and conditions relevant to the sale of the item or the contracting of the service, provided that they do not violate any provision of this Agreement or other policies of Oziway

6.3. The item offered by the Seller must be exactly described in terms of its relevant conditions and characteristics. OZIWAY may remove any publication whose description does not match the product offered

6.4. It is understood and presumed that by added the offer on Oziway, the Seller accepts that they have the intention and the right to publish the item, or are authorized to do so by its owner and have them available for the immediate delivery or service (unless described otherwise on the item page)

6.5. It is established that the prices of the published items must be expressed with appropriate GST or VAT tax when applicable, and in legal tender currency

6.6. Oziway may remove any published item whose price is not expressed in this way to avoid confusion or misunderstanding regarding the final price of the offer

6.7. In the event that any of the provisions set forth in the clauses 6.1, 6.2, 6.3, 6.4, 6.5, 6.6 are violated, Oziway may edit the offer, request the Seller to edit it, or cancel the publication where the infringement is found

6.8. Inclusion of images and photographs. The user can include images and photographs of the published item as long as they correspond to the item, except in the case of goods or products or services that by their nature do not allow this publishing. The Seller declares and guarantees that they are authorized to include the images and photographs contained in the publications, being responsible for any infringement of the rights of third parties

6.9. Oziway may prevent the publication of the photograph, and even of the offer, if it interprets, in its sole discretion, that the image does not comply with these Terms and Conditions

6.10. The User grants Oziway a free and unlimited authorization to publish and / or adapt the images included in its publications for the purpose of product classification in all its sites, social networks and / or by any means that Oziway uses for its communication

6.11. It is expressly established that no description may contain personal or contact information, such as, and not limited to, telephone numbers, e-mail address, postal address, Internet page addresses containing data such as those mentioned above. In the event that any of the provisions established in this clause are violated, Oziway may edit the offer, request the Seller to edit it, or delete the offer where the violation is found

6.12. Prohibited Items. Only those whose sale is not expressly prohibited in the Terms and Conditions and other policies of Oziway or by current law, may be published on Oziway

6.13. The Seller User must have the legal capacity to sell the published item

6.14. If the Seller has received an offer of purchase from a Buyer for the price that was set in the offer, he is obligated to try to communicate with the buyer and complete the transaction with the Buyer who made the offer. Only in exceptional cases the Seller may void the sale, such as when he has not been able to agree with the Buyer on the form of payment, delivery or it is not possible to verify the true identity, address or other important information of the Buyer.

6.15.Oziway will have the right to offer the Online Payment method differently to those Sellers which have been verified by Oziway. For a Verified Seller (who sends formal documents proving their business operations), items published with Online Payment will be made available instantly. For other Sellers (not verified), Items will need to be verified by Oziway before they are published. For Offline payment items, all are published instantly irrespective of whether the Seller has been verified or not

6.16. Oziway will have the right to require, according to the criteria it deems appropriate, that certain Sellers only advertise their goods or services on the platform through the use of Online Payment or, certain Item categories are only available through the use of Online Payment, and within a certain level of commission (for example downloadable digital products), for the quicker collection of the fees and distribution of the commissions.

6.17.Given that Oziway is only a point of contact between Buyer and Seller and does not participate in the operations carried out between them, the Seller will be responsible for all the obligations and tax charges that correspond to the sale of its items, and Oziway will be exempt from any type of responsibility for breaches in this regard.

6.18. Taxes - As mentioned above, Oziway only makes available to users a virtual space that allows them to communicate through the Internet to find a way to sell or buy products and / or services

6.19. Oziway does not have any participation in the process of negotiation and completion of the transaction between the parties, therefore, Oziway is not responsible for the effective compliance with tax or tax obligations established by current law

6.20. The Seller accepts that his Buyer can revoke the purchase within a period of 10 days after receiving the product. Likewise, the Seller accepts that the buyers may request the exchange or return of the product under the general legal terms

6.21. In any of the aforementioned cases, the Seller must accept the exchange or return of the item sold and may be responsible for the expenses that this entails, including shipping costs that may be necessary

6.22. Oziway may debit these costs from the wallet balance of the Seller

6.23. As a Seller, you undertake, independently, without legal subordination, using your own means and a professional autonomy, to market your items within the Oziway platform, for which you will carry out the following activities in an appropriate and timely manner:

- Solve problems with your clients quickly
- Make your shipments on time, within the specified management period
- Manage inventory and keep it up to date
- Specify the shipping costs and shipping handling time
- Follow your return policy
- Respond promptly to Buyers questions
- Be helpful, friendly and professional during a transaction
- Make sure the item is delivered to the Buyer, as described on the page
- You will ensure to provide a positive experience for the Buyer

 

6.24. Regulatory compliance: In case the Seller fails to comply with the policy described in 6.23, Oziway may unilaterally set limits to the sales activity of the Seller within the platform, hide the Sellers items for a period of time, and even prohibit entry to the platform and thus prohibit the sale of items by the Seller. In case of non-compliance with the Terms and Conditions, this Policy and any other policy established by Oziway, the Seller will be prohibited to register a new account until they resolve or clarify the breach committed

6.25. While posting your offers remember that:

- You are allowed to post your Offer, provided that it is not illegal in Australia, China or within the country in which you reside
- You will not post, list or upload content or items in inappropriate categories or areas on our sites
- You will not breach or circumvent any laws, third-party rights or our systems or policies
- You will not use our Services if you are not able to form legally binding contracts, or are temporarily or indefinitely suspended from using our sites, services, applications or tools
- You will not fail to deliver Products or Services offered by you, unless you have a valid reason, for example, the Buyer fails to comply with the posted terms in your listing or you cannot contact the buyer
- You will not post false, inaccurate, misleading, deceptive, defamatory, or libelous content
- You will not take any action that may undermine the feedback or ratings systems
- You will not distribute or post spam, unsolicited or bulk electronic communications, chain letters, or pyramid schemes
- You will not distribute viruses or any other technologies that may harm Oziway or the interests or property of users
- You will not interfere with the working of our Services
- You will not offer content as a Seller that does not belong to you or will not belong to you at the time when it needs to be delivered
- You will not infringe the copyright, trademark, patent, publicity, moral, database, and/or other intellectual property rights that belong to or are licensed to Oziway or any other Party, without prior consent of that Party
- You are responsible for the accuracy and content of the listing and item offered
- If Your tax institutions or the Customer require You to issue a receipt for the offered product (for tax purposes), You will issue such a receipt. If You are not able to issue a receipt, You will inform the Customer before they declare to Buy Your product or service
- We have the right to deactivate or delete any products and suspend user accounts without prior notice, in case of breach of any of the above
- in order to be able to sell with an online payment to consumers, you nered to be a Verified Seller and have your products Verified. In such cases, we wil buy the product from you and resell to the consumer. Please contact Oziway to enquire about the verification process
- Even if you did not start the verification process, a consumer might choose to buy your product with an online payment. In such a case, we will contact you about you selling the product to us, and we will sell the product to the consumer using our online payment systems

 

6.26. Prohibited Items: a Seller can add to the Oziway platform only those items whose sale is not expressly prohibited by law or in the Terms and Conditions and other policies of Oziway, among the prohibited item categories there are:

- Adults Only products (sexual products)
- Wild animals and products: for example, live animals, dissected or dried specimens
- Charity and fundraising
- Used cosmetics
- Counterfeit coins and stamps
- Credit cards
- Descriptions of drugs or similar substances
- Illegal Drugs and related products
- Firearms and hunting knives
- Government documents and identification cards
- Hazardous materials: for example, batteries, fireworks and refrigerants
- Remains of parts of humans and animals
- Offensive materials: for example, ethically or racially offensive and memorable materials from the German Nazi era
- Pesticides
- Police items
- Prohibited services
- Stolen property
- Tobacco or marijuana

 

6.27. Online Payments: The Seller may use the online payment services provided by Oziway. In this case, the payments made by Buyers will be credited to the bank account owned by Chosen Payment Operator, to be subsequently sent to the accounts of each of the Sellers as requested.

 

7. For Promotors - Commissions

7.1. The only commissions that you are entitled to, are success fees of your direct sales or the sales of promotors invited directly by you (recruited by you) to Oziway, payable after Oziway receives the Commission from the Sellers

7.2. Once a Buyer registers from your promotional link or from your website (both links are available in your Dashboard), they are placed in your organization structure and all subsequent orders are added to your turnover for commission calculation

7.3. Once a Promoter registers from your registration link, they are placed in your organization structure and their direct Promotion resulting in their commission, results in a small commission for you also

7.4. Every Commission is allocated to:

- i) The commission for the 1st level Promotor (the promoter that made the sale)
- ii) The commission for the 2nd level Promotor (the promoter that invited the 1st level Promoter to Oziway)
- iii) The commission for Oziway
- iv) Administration fees for transactions (like credit card payment fees by Seller etc.)

 

7.5. You are obligated to report all earnings from Oziway, to your tax authorities in your country, in order to pay appropriate taxes

7.6. We will not report this to any tax authorities, with the exception of Australia (in case of a tax audit)

7.7. If Your tax authority requires You to issue an invoice or a receipt for the commission that You receive from Oziway, please issue this document and send a copy to Oziway. Company details to place on the document, and contact details to send a copy of the document to, can be found on the Contact page

7.8. The minimal threshold to payout a commission is $10 USD. All payouts are charged a certain percentage of the payout amount to pay for payment fees, bank transfers etc. When requesting a payout, you will see which payout method is charged what percentage (for example Western Union is more expensive than Bank Transfer, but WeChat is the cheapest). The payouts are calculated in the USD currency (and converted to your currency at the time of payment according to our exchange tables which are linked to xe.com exchange service)

7.9. Currently we use 4 payment methods to deliver the money to you:

- i) Bank Transfer (we use Transferwise.com)
- ii) WeChat (for China)
- iii) PayPal
- iv) Western Union (collect cash in Western Union offices around the world)

 

7.10. The commissions are paid in monthly intervals at the end of the calendar month

7.11. All commission payouts need to be requested at least 7 days before the end of the calendar month, we need time to process the commission requests

 

8. Charges and Billing

 

Registration on Oziway is free

The Seller only has to pay Oziway a declared commission for the sale when the transaction is completed

The commissions and other charges calculated by the system are due to be paid by the Seller within the designated time

In case of Online payment transactions, these charges are deducted automatically from the payment made by the Buyer.

In case of Offline payment transactions, the Seller is obligated to pay the declared commission after completing the transaction, using an online payment gateway of their choice. The Dashboard system informs the User, what charges are due for payment.

All charges paid to Oziway will result in tax Receipts for marketing services being issued by Oziway for the amount of the commission

In the event that the due charges are not paid within 7 days of notice, the items of the Seller will be suspended from publishing.

In the event that the due charges are not paid within the next 7 days, the Seller account will be deactivated and items will be deleted from the platform

In order to reactivate the account, additional charges may apply

In the event that the due charges are not paid within the following 14 days, Oziway may initiate legal action

 

9. Intellectual Property Rights Ownership

 

All rights created in relation to the contents of this platform and any trademarks or marks used on the website vest in us absolutely or under license. You must not modify, copy, reproduce, upload, post, transmit or distribute by any means or in any manner whatsoever, any material or information or download from our website except where expressly invited to do so or indicated on our platform

 

10. Linked Sites

 

There are a number of links on our website to third party websites which we believe may be of interest to you. We do not represent the quality of the goods or services provided by such third parties nor do we have any control over the content or availability of such sites. We cannot accept any responsibility for the content of third party websites or the services or goods that they may provide to you

 

11. Limitation of Liability

 

11.1. Great care has been taken to ensure that the information available on this website is correct and error free. We apologize for any errors or omissions that may have occurred. We cannot warrant that use of the website will be error free or fit for purpose, timely, that defects will be corrected, or that the site or the server that makes it available are free of viruses or bugs or represents the full functionality, accuracy, reliability of the website and we do not make any warranty whatsoever, whether explicit or implied, relating to fitness for purpose, or accuracy. This does not affect your statutory rights as a consumer

11.2. Oziway is making its best attempt to ensure that published items do not infringe intellectual and property rights and any other rights of third parties. Third parties who are entitled to rights may identify and request the removal of those items that in their discretion infringe or violate their rights. In the event that Oziway suspects that an illegal or infringing activity of intellectual or property rights is being committed, Oziway reserves the right to adopt all measures it seems appropriate

11.3. We do not accept any liability for any delays, failures, errors or omissions or loss of transmitted information, viruses or other contamination or destructive properties transmitted to you or your computer system via our website.

11.4.We have taken all reasonable steps to prevent internet fraud and ensure any data collected from you is stored as securely and safely as possible. However, we cannot be held liable in the extremely unlikely event of a breach in our secure computer servers or those of third parties.

11.5.Because we do not have control over the items that the Sellers post, no responsibility can be attributed to Us for illegal products or services, stolen or those in poor condition. In turn, the Buyer should verify the items that they intend to buy. Dealing with Verified Sellers increases the chance of positive Buyer experience

11.6. We try to verify items that are added on Oziway, additionally the Sellers are obligated to add only items which do not breach current law. Nevertheless, we can not take responsibility in case a Seller adds an item which breaches this agreement, especially paragraph 6

11.7. If there are any disputes between sides of a transaction in Oziway, we will use our legal capacities to take the side of the party which we feel is affected by this commercial activity

11.8. Based on this, it should be noted that we do not take any responsibility that has to do with an illegal transaction that could damage our image

 

12. Administration

 

Each user of this website acknowledges and agrees that the services offered by Oziway and covered by this service may, under separate agreements between Oziway and third parties, be provided by subcontractors. In particular but not limited to, the services of administering this service and billing and payment services

Every person accessing this website hereby agrees to the execution of above mentioned services by subcontractors, and acknowledges the fact that subcontractors will have access to user data and transactions carried out by them

Oziway undertakes to ensure that subcontractors comply with all Terms and Conditions of this agreement and will provide the highest level of services

 

13. Sanctions. Suspension of accounts and services

 

13.1. Without prejudice to other measures, Oziway may warn, suspend temporarily or permanently disable a User account or a published item, apply a penalty that negatively impacts the reputation of a User, initiate the actions it deems appropriate and / or suspend the provision of its Services to the User if:

- i) any law, or any of the stipulations of these Terms and Conditions and other policies of Oziway will be violated.
- ii) if you fail to fulfill your commitments as a User.
- iii) if at the discretion of Oziway you are involved in malicious or fraudulent conduct or acts.
- iv) the identity of the User could not be verified or any information provided by the User would be wrong

 

13.2. Under no circumstance will a User use a device, software, or other means tending to interfere with any of the activities or operations of Oziway and the published items, descriptions, accounts or databases of the Oziway Platform. Any interference, attempt or activity in violation of the beforementioned or contrary to the laws on intellectual property rights and / or the prohibitions stipulated in this contract will make the User personally responsible for the relevant legal actions, and the sanctions provided for in this agreement, as well as hold him liable to indemnify the damages caused. Additionally, in such cases, the User account will be suspended immediately without this generating any right to any compensation by the User

13.3. Oziway understands that item publications or other actions by a User may cause a responsibility to Oziway or to other Users (for example Buyers). In the case of the suspension or disqualification of a User, all the items that were published by the User who is Seller will be hidden. Offers for the purchase of items published by the suspended User will also be Cancelled in the system

 

14. Responsibility

 

14.1. Oziway only makes available to Users a platform which is a virtual space that allows them to communicate through the Internet to find a way to sell or buy products or services

14.2. Oziway in general is not the owner of the items offered, does not own them or offer them for sale.

14.3.in some cases, Oziway (China) Limited might be a seller of certain goods in order to make the transaction easier for the Buyer. In every case the details of the Seller of the item is presented on the Seller Details tab of the Item page and this Seller is responsible for delivering the item to the Buyer

14.4. Oziway does not intervene in the operations carried out between the Users or in the conditions stipulated by them, therefore it will not be responsible for the existence, quality, quantity, state, integrity or legitimacy of the items offered , acquired or sent by the Users, as well as the ability to contract by the Users or the veracity of the Personal Data entered by them. Each User knows and accepts to be the solely responsible party for the items published for sale and for the offers and / or purchases made

14.5. Because Oziway does not have any participation during the entire time the item is published, nor in the subsequent negotiation and completion of the definitive contract between the parties (Seller and Buyer), it will not be responsible for the effective fulfillment of the assumed obligations by the Sellers or Buyers. The User knows and accepts that when carrying out operations with other Users or third parties, they do so at their own risk. In no case Oziway will be responsible for lost profits, or for any other damage and / or damage that they may have suffered, due to operations performed or not performed by other Users (Buyers, Sellers or Promoters).

14.6.Oziway recommends acting with prudence and common sense when carrying out operations with other Users. The User must also bear in mind the risks of contracting with minors or with people who use a false identity. Oziway will not be responsible for the fulfillment of offers and / or operations with other Users based on the trust placed in the system or the Services provided by Oziway

14.7. In the event that one or more Users or any third party initiates any type of claim or legal action against another User, each and every one of the Users involved in the claim or action exempts Oziway and its directors, managers, employees, agents, operators, representatives and attorneys from any responsibility.

 

15. Scope of Services of Oziway

 

15.1. This agreement does not create any partnership, mandate, franchise, or employment relationship between Oziway and the User

15.2. The User acknowledges and accepts that Oziway is not a party to any operation, nor does it have any control over the quality, security or legality of the items advertised, the veracity or accuracy of the advertisements, the ability of Users to sell or buy items

15.3. Oziway can not assure that a User will complete an operation, nor will it guarantee that it has verified the identity or Personal Data entered by Users

15.4. Oziway does not guarantee the veracity of third-party advertising that appears on the site and will not be responsible for correspondence or contracts entered into by the User with said third parties or with other Users

15.5. All users carry out their activities independently, that is, without legal subordination, using their own means and with professional autonomy.

 

16. System failures

 

Oziway is not responsible for any damage, or loss to the User caused by failures in the system, on the server or on the Internet. Oziway will not be responsible for any virus that could infect the User equipment as a result of access, use or examination of Oziway platform or following any transfer of data, files, images, texts, or audio contained therein. Users may not impute any responsibility or demand payment for loss of profit, by virtue of damages resulting from technical difficulties or failures in the platform or on the Internet. Oziway does not guarantee the continued and uninterrupted access and use of its website. The system may not be available due to technical difficulties or Internet failures, or for any other circumstances; In such cases, efforts will be made to restore platform availability as quickly as possible, without any responsibility being imposed on Oziway. Oziway will not be responsible for any errors or omissions contained in its website.

 

17. Intellectual property

 

17.1. The contents of the screens related to the services of Oziway as well as the programs, databases, networks, files that allow the User to access and use the Account, are property of Oziway and are protected by the laws and international treaties of copyright, trademarks, patents, models and industrial designs

17.2. The improper use and total or partial reproduction of said contents are prohibited, unless explicitly authorized in writing by Oziway.

17.3. The website may contain links to other websites which does not indicate that they are owned or operated by Oziway

17.4. In virtue that Oziway has no control over such sites, it will not be responsible for the contents, materials, actions and / or services provided by them, nor for damages or losses caused by the use thereof, whether caused directly or by indirectly.

17.5. The presence of links to other websites does not imply a partnership, relationship, approval, support of Oziway to such sites and their contents

 

18. Indemnity

 

18.1. The User shall hold harmless Oziway as well as its affiliates, controlled and / or controlling companies, officers, directors, successors, administrators, representatives and employees, for any claim initiated by other Users, third parties or by any entity, related with its activities on the website, compliance with and / or non-compliance with the Terms and Conditions or other Policies, as well as with respect to any violation of laws or rights of third parties.

18.2.To this end, the User authorizes Oziway to:

- intervene and represent him in said claims, being able to enter into the transactional agreements that he deems appropriate and that tend to avoid higher costs and / or avoid eventual contingencies without limitation, in his name and representation
- withhold and debit from your Account the existing and / or future funds to recover the expenses incurred in the agreements, which may include the fees of the intervening attorneys and court costs in a reasonable amount, and / or
- generate specific debits in the Users billing.

 

19. Anti Money Laundering and Prevention of Terrorism

 

19.1. Users, Promoters, Sellers and Buyers are obligated to perform all activities aimed at ensuring that all their services, products, personnel in charge, employees, partners, shareholders, administrators, customers, suppliers, etc and their resources, are not related or come from illegal activities; particularly, money laundering or terrorist financing

19.2. If there are reasonable doubts about the operations of a User, Buyer, Seller or Promoter, as well as the origin of their assets and / or any of these, will become subject of an investigation of any kind related to illegal activities, money laundering or terrorist financing, in accordance with international law Oziway will have the right to suspend the User account

 

20. General

 

20.1. Modifications of the Agreement: Oziway may modify the General Terms and Conditions at any time by making the modified terms public on the Sites. All modified terms will be effective 7 (seven) calendar days after publication. These modifications will be communicated by Oziway to the users. Any user who does not agree with the modifications made by OZIWAY may request to cancel the account by writing a message to [email protected] from the email address which is linked to the Oziway account

20.2. The use of the website and platform and / or its services implies acceptance of these Terms and Conditions and the Privacy Policy, as well as any other documents incorporated or linked therein by reference

20.3. This Agreement or Document has been translated into different languages by Automatic Translation. In the event that any of the Translations and the English version conflict, the English version shall prevail

20.4. These Terms and Conditions and our agreement shall be governed by and construed in accordance with the laws of Australia. The parties hereto submit to the exclusive jurisdiction of the appropriate courts of Australia

 

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