WEBSITE USER AGREEMENT
By accessing, visiting, or otherwise using www.cubemarket.com.au (“the Site”), you agree to be bound by these Terms and Conditions. This Site is owned and operated by X.H HU & A SO t/a CUBEMARKET 95 638 082 266 (“the Owner” “us” “we” “our”). These terms and conditions may be amended from time to time at the Owner’s discretion and without prior notice to you. Users of the Site are encouraged to review these terms and conditions from time to time as your continued use of the Site will indicate your acceptance of them.
2. Requirements of Use of this Site
2.1 You must be at least eighteen (18) years of age to use the Site; and by using our Site or agreeing to these terms and conditions, you warrant and represent to us that you are at least eighteen (18) years old.
2.2 In order to use the Site we require Users to open an account with us. Users are responsible for maintaining confidentiality of account, username and password information. We are not responsible for any unauthorised transactions made through a customer’s account.
2.3 As an online business, the main mode of communication that we use is e-mail. By opening an account with us you agree to receive emails from time to time which will include administrative notices, newsletters and updates about our Services.
2.4 If you are accessing and using the Site on behalf of someone else, you represent that you have the authority to bind that person as principal to these Terms and Conditions.
2.5 Accounts will only be accessible once approved by the Owner; registration via the Site does not guarantee that an account will be approved. The Owner retains the right to decline a User.
2.6 You must notify us in writing immediately if you become aware of any unauthorised use of your account.
3.1 THE SITE, APPLICATION AND SERVICES COMPRISE AN ONLINE PLATFORM THROUGH WHICH STORE OWNERS MAY CREATE LISTINGS FOR STOCKING SERVICES AND SUPPLIERS MAY APPLY AND STOCK DIRECTLY WITH THE STORE OWNERS. YOU UNDERSTAND AND AGREE THAT CUBEMARKET IS NOT A PARTY TO ANY AGREEMENTS ENTERED INTO BETWEEN EITHER PARTY, NOR IS CUBEMARKET A REAL ESTATE BROKER, AGENT OR INSURER. CUBEMARKET HAS NO CONTROL OVER THE CONDUCT OF STORE OWNERS, SUPPLIERS AND OTHER USERS OF THE SITE, APPLICATION AND SERVICES OR ANY LISTINGS, AND DISCLAIMS ALL LIABILITY IN THIS REGARD TO THE MAXIMUM EXTENT PERMITTED BY LAW.
3.2 The Site is only available to Store Owners and Suppliers who are an Australian resident.
3.3 Store Owners are required to have an active PayPal account to receive payments.
3.4 Store Owners are required to provide the following information:
(i) Stocking fee for each listing;
(ii) Accurate description of the Goods to be stocked;
(iii) A logo or image representative of the retail store;
3.5 Store Owners may change the Stocking fee at any time, however the amendment in price will not apply to arrangements currently under a Stocking Agreement.
3.6 CUBEMARKET will collect the Stocking fee and pass payment on to the Store Owner, less costs as described in paragraph  below.
3.7 By advertising Listings on the Site, the Store Owner represents that:
(i) the Store Owner is the owner of the Retail Store with clear title or that the Store Owner has the authority of the owner of the Retail Store to advertise the Retail Store for title;
(ii) the Store Owner has the copyright to any images uploaded to the Site or has the authority of the copyright owner to upload any images to the Site;
(iii) the Store Owner has read, understands and agrees to be bound by the terms of the Stocking Agreement provided on the Site.
3.8 The Supplier agrees that by making payment for the accepted application through the site checkout process that:
(i) the Supplier has read, understands and agrees to be bound by the terms of the Stocking Agreement provided on the Site.
3.9 The Supplier is required to make payment for an approved application within 2 days of approval. The supplier accepts:
(i) The Store Owners has the right to cancel applications that have not been paid within 2 days of approval.
4. Prices and Payment
4.1 Stocking fees are set by the Store Owner and are charged on number of months for the duration of the Stocking Agreement.
4.2 Suppliers are required to make payment in full, upfront by way of electronic funds transfer of credit card through PayPal available on the Site.
4.3 Stocking Fees are held by CUBEMARKET for the duration of the the Stocking period. CUBEMARKET will pay the Store Owner at the end of each month for the duration of the Stocking period.
4.4 Store Owners will be paid Stocking fees received less the following costs:
(i) Paypal fee of 3% of the Stocking fee;
(ii) CUBEMARKET fee of 10% of the Stocking fee.
4.5 Stocking Periods cannot be extended. The Supplier will need to apply for a new Stocking Period through the Site.
5. License to You
5.1 This Site and its content is provided to you through this license. The Owner retains all ownership and proprietary rights in the Site and its content. The Owner hereby grants you the non-exclusive, non-transferable, limited right to use the Site for the prescribed use. The prescribed use is to provide a directory service to connect Store Owners wishing to advertise a stocking service with Suppliers wishing to stock products in retail stores. This license commences upon your acceptance of this agreement and continues until termination by the Owner or you. The Owner has the discretion to terminate your license immediately and without notice if you breach this license. All rights not specifically granted under this Agreement are reserved by the Owner and, as applicable, its licensors.
5.2 This limited license excludes the right to:
(a) frame or utilize framing techniques to enclose the Site or any portion of the Site;
(b) republish, redistribute, transmit, sell, license or download the Site or any and/or all Site Content (except caching or as necessary to view the Site);
(c) make any use of the Site or any and/or all Site Content other than for the prescribed use;
(d) modify, reverse engineer or create any derivative works based upon either the Site or any and/or all Site Content;
(e) collect account information for the benefit of yourself or another party;
(f) use any meta tags or any other hidden text utilizing any and/or all Site Content;
(g) use software robots, spiders, crawlers, or similar data gathering and extraction tools, or take any other action that may impose an unreasonable burden or load on our infrastructure or server;
(h) download any image or content and pass it off as your own, or provide it to a third party or republish or distribute it.
6. Your License to the Owner.
6.1 By posting, submitting or otherwise publishing any material to the Site, you are representing: (i) that you are the owner of the material, or are making your posting or submission with the express consent of the owner of the material; and (ii) that you are eighteen years of age or older. By submitting or posting any material, you are granting us, and anyone authorised by us, a royalty-free, perpetual, non-exclusive, unrestricted, worldwide license to use, copy, modify, transmit, sell, create derivative works from, distribute, and publicly display such material, in whole or in part, in any manner or medium, now known or hereafter developed, for any purpose. The foregoing grant shall include the right to exploit any proprietary rights in such posting or submission, including, but not limited to, rights under copyright, trademark, or patent laws under any relevant jurisdiction. You also grant the discretionary right to identify you as the author of any of your postings or submissions by name, email address or screen name.
7. Your obligations.
7.1 The Owner does not verify the information provided to it by Users. By registering with the Site you agree not to provide false or misleading information through the Site and you agree to indemnify the Owner for any claim arising from your conduct through the Site.
7.2 The Owner does not verify the information provided by Users. By using the Site you represent that you are validly listing your store as described by you, or that you are validly wanting to Stock goods to store owners. The Owner does not guarantee the performance of the contract by either party.
8. Conditions of use.
Users agree to use the Site in accordance with these terms and conditions, in good faith and in a way so as to not bring disrepute or cause reputational or other damage to the Owner.
You agree that you will not upload or provide content on the Site which is:
(a) defamatory, fraudulent, unlawful, threatening, intimidating, harassing, disrespectful, inappropriate, harmful, hateful, abusive, tortious, obscene, invasive of another’s privacy, sexist, racist, homophobic, violent or degrading;
(b) infringes the intellectual or other proprietary interests of third parties;
(c) contains spam, chain letters, pyramid and other such selling and marketing schemes, computer viruses, computer code, files or programs or other harmful components that are designed to interrupt, destroy, change or limit the functionality of the Site or any other computer software, hardware or other electronic equipment, information which in any way impinges on another user’s use or enjoyment of the Site or otherwise breaches or encourages other users to breach these Terms and Conditions;
(d) violates any law; or
(e) encourages or incites any other person to engage in any of the above behaviour;
You also agree that you will not :
(f) Use technology or other means that is not authorised by the Owner to access the Site;
(g) Use or launch any automated system, including without limitation, “robots,” “spiders,” or “offline readers,” to access the Site;
(h) Attempt to, or introduce viruses or any other computer code, files or programs that may interrupt, destroy or limit the functionality of the Site;
(i) Gain or attempt to gain unauthorised access to the Site including the networks or user accounts; or
(j) Attempt to or engage in conduct that damages, disables, overburdens, or impairs the Site, servers or networks.
9. Limitations on Linking.
You may establish a hypertext link to the Sites so long as the link does not state or imply any sponsorship of your Sites by the Owner, which does not exist.
10. The Owner’s Obligations.
The Owner reserves the right to make changes to the Site, its operation and application at any time without prior notice. The Owner may engage a third party to provide technical assistance with the Site. The Owner will take reasonable steps to ensure the ongoing effective operation and maintenance of the Site and take steps to repair technical issues that arise from within the Site within a reasonable time, insofar as the issues are of a global nature, and do not arise from individual use.
11. Cancellation and suspension of account
11.1 The Owner may:
(a) suspend your account;
(b) cancel your account; and/or
(c) edit your account details,
at any time in our sole discretion without notice or explanation.
11.2 You may cancel your account on the Site by emailing firstname.lastname@example.org and requesting your account be cancelled.
12. Third party links.
At times we may provide links and pointers to third party Sites. Once you leave our Site and move to a linked Site, you will be subject to the third parties terms and conditions and privacy obligations. The Owner does not have control or responsibility over the content or security of third party linked Sites. Opinions expressed or material on third party Sites are not necessarily shared or endorsed by the Owner. The Owner uses a linked third party payment provider and the Owner does not provide any guarantees or warranties in relation to the functionality or security of that third party provider.
13. Warranties and Indemnities.
13.1 The Owner does not warrant that the functional aspects of the Site will be error free or that the Site, its content or the server are free of viruses or other harmful components. The Owner maintains current anti-virus software, however to the extent provided by law, the Owner does not guarantee against third party interference. The Owner does not warrant that the Site will be uninterrupted or error-free, or that Site or its content will be compatible with third party software or hardware. The Owner is not liable for any default due to an act of God, war, terrorism, strike, lock-out, industrial action, fire, flood, storm or other event beyond the Owner’s reasonable control.
13.2 You agree to indemnify, the Owner, and its partners, licensors, affiliates, contractors, officers, employees and agents for any claim arising directly or indirectly from your acts and omissions in using the Site pursuant to the terms of the Agreement.
13.3 We will not be liable to you in respect of any losses arising out of any event or events beyond our reasonable control.
13.4 The information on this web site is provided on an “as is” basis.
13.5 The Owner does not guarantee and makes no warranties as to the accuracy of the contents of the Site provided by third parties and to the extent allowed by law excludes all liability arising out of content provided by third parties.
13.6 We will not be liable to you in respect of any business losses, including (without limitation) loss of or damage to profits, income, revenue, use, production, anticipated savings, business, contracts, commercial opportunities or goodwill.
The services featured on this website are only available within Australia. All advertising is intended solely for the Australian market.
15. Web browser cookies
We may collect non-personal identification information about Users whenever they interact with our Site. Non-personal identification information may include the browser name, the type of computer and technical information about Users means of connection to our Site, such as the operating system and the Internet service providers utilized and other similar information.
17. Intellectual Property Rights
The Owner retains all copyright and ownership rights over all intellectual property (registered or unregistered) available on this site, and its content including, but not limited to, audio-visual effects, themes, stories, dialog, settings, artwork, sounds effects, musical works, and moral rights.
18. Breaches of these terms and conditions
18.1 Without prejudice to our other rights under these terms and conditions, if you breach these terms and conditions in any way, or if we reasonably suspect that you have breached these terms and conditions in any way, we may:
(a) send you one or more formal warnings;
(b) temporarily suspend your access to our website;
(c) permanently prohibit you from accessing our website;
(d) block computers using your IP address from accessing our website;
(e) contact any or all your internet service providers and request that they block your access to our website;
(f) commence legal action against you, whether for breach of contract or otherwise; and/or
(g) suspend or delete your account on our website.
18.2 Where we suspend or prohibit or block your access to our website or a part of our website, you must not take any action to circumvent such suspension or prohibition or blocking (including without limitation creating and/or using a different account).
19. Governing Law
This agreement is governed by the laws of Victoria and Australia.
“Goods” means any products described on the site for stocking purposes.
“Supplier” means any Users of the Site who make applications to listings on the site.
“Users” means any person or entity that visits the Site for any purpose and includes Suppliers and Store Owners.
“Store Owner” means Users of the Site who advertise Listings on the Site.
“Listing” means any advertised Stocking service on the site.
“Application” means any proposal by a supplier to stock goods with a Store Owner.
“Stocking Agreement” means the contractual agreement between Store Owner and Supplier for the stocking and selling of goods in the Store Owners Retail Store based on an approved application.