Your Agreement With UDAWWA

Terms and Conditions

Updated and published on 25th May 2024.

The UDAWWA Platform is an Australian based which allows users to sell anything within the boundaries has defined below.

This page sets out the terms and conditions for using our Platform.

Your entire Agreement with UDAWWA when using the Platform consists of our Terms and conditions and our policies mentioned below:

1. General Posting Policy
2. Privacy policy
3. THE MANNER IN WHICH YOU ACCEPT THIS AGREEMENT

(1.1)  By utilizing the Platform, you agree to be bound by this Agreement for all aspects related to Platform usage that are applicable even without creating an Account, such as viewing the Website.

(1.2)  Upon creating an Account as outlined in clause 3, you will be prompted to check a box, signifying your agreement to be bound by this Agreement throughout your use of the Platform.

 (1.3)  By utilizing the Platform, you affirm that you have thoroughly reviewed this Agreement. Should you disagree with any part of this Agreement, including these Terms, you are prohibited from using the Platform.

(1.4)  We reserve the right to revise any portion of this Agreement periodically to align with our business requirements and to adhere to legal and operational adjustments. You have the option to discontinue using the Platform if you disagree with the updated Agreement. However, if you continue using the Platform following the issuance of such notice, you will be deemed to have accepted the updated Agreement.

2. USER ACCOUNT REGISTRATION

(a) To access the majority of Platform features, you must create an Account.

(b) Registering multiple Accounts, including via different email addresses, is prohibited unless expressly permitted by us upon request.

(c) By creating an Account, you affirm that you are a legitimate User and are either 18 years of age or older, or have obtained parental or guardian consent to use the Platform and agree to this Agreement.

(d) It’s essential to furnish accurate, up-to-date, and complete information about yourself and any affiliated organization as prompted

(e) During Account registration (and usage), you’ll be required to provide personal and potentially sensitive information, which we handle as outlined in clauses 12 and 13.

(f) We retain the right to deactivate or alter your Account at our discretion, should we deem it necessary..

(g) Ensuring Account security, including safeguarding passwords and devices, is your responsibility. You’re accountable for actions taken by any individual whom you permit to access your Account. If unauthorized Account usage is suspected, notify us promptly using the links provided at the end of this Agreement.

3. YOUR INTERACTIONS WITH UDAWWA AND OTHER USERS

(a) This Agreement establishes a legally binding contract between you and UDAWWA.

(b) You understand and agree that UDAWWA:

(A) Functions as an introductory service, acting as a conduit to facilitate connections between Users via the Platform.

(b) Neither offers, endorses, nor recommends any Goods, Services, or Jobs featured in Listings.

(c) Assumes no role in any contractual agreements formed between Users concerning Listings or Exchanges.

(c) Ensuring compliance with all relevant laws, including Employment Laws, Consumer Laws, Privacy Laws, Animal Protection Laws, Conveyancing Laws, and Tenancy Laws (where applicable), during Platform engagement, including Listing postings and Exchanges, is your responsibility.

 (d) Pertinent clauses in this Agreement govern the obligations between Users for interactions on the Platform, encompassing Listings, Exchanges, and resolution of issues or disputes.

4. CREATING LISTINGS AND ENTERING INTO AGREEMENTS TO EXCHANGE

(a) Users have the ability to post Listings on the Platform at their discretion.

(b) All Listings must adhere to the Posting Policies, and UDAWWA retains the right to decline publication or remove any Listing that violates these policies.

(c) Users reserve the absolute right to engage with any Listing, though such engagement does not imply a commitment to proceed with the offer therein.

(d) Solely utilize the Platform’s messaging functionality to communicate with other users, ensuring compliance with clause 13.

(e) Personally create and respond to inquiries regarding Listings. The use of automated tools, programs, or applications to provide responses on your behalf is prohibited, except if provided as part of the Platform.

(f) Upon mutual agreement to the terms of a Listing (as modified by any related Platform communications), Users may utilize the Platform’s functionality to formalize an Exchange for Goods, Services, or Jobs, subject to an agreed-upon fee (in accordance with applicable laws).

(g) Additional terms outlined in subsequent clauses will apply depending on the nature of the Listing.

5. SPECIFIC TERMS FOR SERVICES (SERVICES FOR HIRE)

(a)  If a Listing offers the performance of Services, this clause 5 applies to those Services.

 (b)  The Provider represents and warrants that it has the appropriate skills, qualifications, and experience to perform the Services described in the Listing and otherwise communicated to the Consumer.

(c)  If a Provider performs Services, it must ensure that the Services:

(A) The Services meet an acceptable standard as described by the Provider.

(B) The Services are executed with due care and skill.

(C) All representations made to the Consumer during the Exchange are fulfilled.

(d) The Consumer acknowledges their responsibility to review the Services description and confirm that the described Services meet their requirements before agreeing to the Exchange.

(e) The Consumer is responsible for ensuring that the location for Service performance is accessible to the Provider on the agreed date and time.

(f) The Provider is accountable for adhering to workplace health and safety protocols during Service provision, including holding relevant insurance such as workers’ compensation and professional indemnity.

(g) Consumers are advised to consider obtaining home and contents insurance as well as public liability insurance if relevant to the Services.

6. SPECIFIC TERMS FOR JOBS

(a) This provision governs Listings related to Jobs.

(b) Jobs entail situations where an Employer initiates the need for a Worker, with the terms of engagement established by the Employer.

(c) Employers are tasked with ensuring continual adherence to the Posting Policies, which encompass strict guidelines concerning compliance with Employment Laws.

(d) In addition to clause 6(c), Employers must ensure that the Exchange Fee specified in clause 13(d) complies with Employment Laws, including Section 536AA of the Fair Work Act 2009 (Cth), and does not infringe upon minimum entitlements, such as piece rate payments.

(e) The Platform may incorporate features preventing Employers from posting Listings that contravene clause 6(d), and Employers must refrain from attempting to bypass or override these features.

(f) Workers are responsible for executing Jobs proficiently, adhering to specified times and locations, and maintaining professional standards.

(g) Workers should be aware of their rights and monitor Employers’ compliance with Employment Laws, including familiarizing themselves with the Tips for Staying Safe in the Jobs Category for Job Seekers.

7. SPECIFIC TERMS FOR GOODS

(a)  If a Listing offers Goods for sale, this clause 7 applies to those Goods.

(b)  If a Listing for Goods is for a Car, also see clause 8.

Provider Responsibilities:

(c) The Provider assures that:

(A) They are the sole rightful owner of the Goods, possessing lawful title free from any encumbrances, security interests, or financial obligations.

(B) Any defects, even minor ones, are accurately disclosed in the Goods description and not concealed or misrepresented in the Listing.

(d) The Provider acknowledges that Consumers are entitled to rights under Consumer Laws, which, where applicable, extend to second-hand goods based on their age, description, and price. These rights include the Goods being of acceptable quality, matching their description, and suitable for their intended purpose. The Provider must consider these guarantees when describing the quality, condition, and functionality, as well as determining the price of the Goods, and must not attempt to exclude, limit, or modify any applicable guarantees under Consumer Laws.

Consumer Responsibilities:

(e) The Consumer acknowledges that Goods may be second hand if described as such, and the Consumer is responsible for reading the description of the Goods and satisfying itself that the Goods as described will meet the Consumer’s requirements prior to agreeing to Exchange, including with regard to its age, description and price.

Delivery

(1)  For all Exchanges, UDAWWA strongly encourages you to inspect the Goods prior to making payment.

(2)  If Exchange will occur in person, Consumers are encouraged to ensure their safety by:

(A) Before meeting in person, it’s essential to verify the Seller’s identity.

(B) Opt for a public meeting place during daylight hours.

(C) Never allow anyone to enter your home.

(3) If the Exchange is via post, the Provider and Consumer must agree on delivery costs beforehand.

(4) UDAWWA strongly advises Consumers to exercise caution when sharing their address with Providers and recommends using secure, third-party technology for Goods delivery arrangements.

(5) Ownership of the Goods transfers to the Consumer upon payment of the Exchange Fee. The Consumer assumes the risk of loss or damage to the Goods upon delivery.

(6) The Provider must use registered post for third-party courier deliveries. In the event of delivery issues, the Consumer must promptly notify the Provider.

(7) If delivery issues persist and the Provider cannot prove shipment, the Provider must refund the Consumer the amount paid for the Goods, including shipping.

(8) If evidence of shipment exists, the Provider must take necessary measures to ensure the third-party courier delivers the Goods or refunds the lost amount to the Consumer.

(9) Proof of delivery signifies the Goods’ receipt.

(10) Claims for Product loss or damage during transit must be filed against the carrier by the Provider.

8. 
   SPECIFIC TERMS FOR CARS

(a) If a Listing offers a Car for sale, in addition to clause 9, this clause 10 applies and will prevail to the extent of any inconsistency with clause 9.

Dealers and Individuals Selling Cars

(a) Consumers understand that Cars may be sold by Providers who are:

1. A) Individuals, in which case Consumer Laws may not be applicable.
2. B) Dealers, in which case Consumer Laws will apply. Dealers must ensure that Listings fully comply with Consumer Laws and any other relevant laws pertaining to auto trade dealership at that time.

(b) Regardless of whether the Car Provider is an individual or a dealer, it is mandated by this Agreement that Listings be accurate, comprehensive, and non-misleading. This includes:

1. c) Describing any defects that may affect the Car’s fitness for purpose or factory functionality.
2. d) Avoiding claims of features or capacities the Car does not possess.

(d) However, Consumers purchasing Cars from Individuals understand and agree to the principle of “buyer beware.” Consumers must conduct thorough inquiries to mitigate risks, assess the Car’s condition, and verify the accuracy of Listings and Provider claims prior to Exchange.

Manufacturer’s Warranties and Roadworthiness

1. e)  All Cars are sold without manufacturer’s warranty unless a manufacturer’s warranty is clearly stated to apply in the Listing.

(f)  A Car may be sold without roadworthiness if expressly stated as such in the Listing. The Provider’s failure to state the lack of roadworthiness in a Listing will be a breach of clause 8(c).

Before Exchanging on a Car – Risks for Consumers

(g) Prior to agreeing to Exchange for any Car, UDAWWA highly recommends that all Consumers:

(A) Obtain a professional assessment of the Car from a third-party at their own expense. This is especially crucial when purchasing a Car from an individual, as outlined in clause 8(b)(A).

(B) Verify the Car’s ownership against the registration database in the relevant jurisdiction, ensuring alignment with the Provider’s identification.

(C) Personally test drive the Car and exercise caution if the Provider or Listing suggests purchasing the Car without a test drive, regardless of any urgency or inconvenience.

(h) Consumers acknowledge the significant safety risks involved in Car purchases, including potential road accidents resulting from undisclosed defects in the Car. These risks may lead to severe injuries or even death. UDAWWA’s liability is subject to the limitations outlined in clause 16.

(i) Following Exchange but before taking possession of the Car, UDAWWA strongly advises Consumers to obtain comprehensive insurance coverage of appropriate value. This insurance should safeguard against all risks of damage, injury, or death to themselves and third parties, as well as cover Car replacement costs.

9. SPECIFIC TERMS FOR REAL PROPERTY

(a) If a Listing offers Real Property for sale or rent, in addition to clause 7, this clause 9 applies and will prevail to the extent of any inconsistency with clause 7.

Renting Real Property

(b)  If you offer Real Property for rent in a Listing, you:

(A) Listings for Real Property must only be posted if you possess a written lease agreement that complies with all relevant Tenancy Laws, and you must ensure that the Real Property meets the habitability standards outlined in these laws.

(c) We encourage all Consumers interested in Real Property to:

(A) Personally inspect the property, conduct necessary searches, and verify the permitted use before proceeding with an Exchange.

(B) Obtain comprehensive home and contents insurance for the Real Property starting from the possession date.

(d) All Users understand and agree that:

(A) We are not a party to any lease agreements.

(B) We do not act as agents for Listings or tenancy arrangements.

(C) We are not liable for any representations, inducements, warranties, implied terms, or any terms within the lease, Listing, or Real Property.

(e) Any tenancy-related issues should first be directed to the landlord as per the lease terms, and if unresolved, to NCAT for further assistance.

10. FEES

(a) Registration for an Account is free.

(b) UDAWWA reserves the right to charge you:

(A) Fees displayed on the Platform for posting Listings.

(B) Additional fees introduced at any time, displayed on the Platform.

(c) All payments under clause 10(b):

(A) Will be processed through the payment functionality available on the Platform, including credit or debit cards.

(B) Are non-refundable unless there is a major failure with the Platform.

(d) The amount payable for any Exchange is specified in the Listing or agreed upon in writing on the Platform before agreeing to Exchange (Exchange Fee).

(e) The Exchange Fee must be in monetary form.

(f) Users may choose their payment method for the Exchange Fee unless a specific method is provided on the Platform, in which case UDAWWA facilitates payment through a third-party provider subject to their terms and conditions.

(g) Cash payment is not permitted for Listings unless for second-hand Goods. Providers must not accept cash payment, especially for Jobs. Cash payment is only allowed for second-hand Goods Exchange.

(h) The Exchange Fee for Jobs must comply with Employment Laws and clause 6. In case of inconsistency between Employment Laws and the payment provisions in this Agreement, Employment Laws prevail.

(i) UDAWWA may utilize third-party payment providers for processing Transaction Fees and Exchange Fees, subject to the terms and conditions of the third-party payment provider.

(j) Once paid, the Exchange Fee is only refundable as per clause 11.

 

 

 

 

 

11. REMEDIES BETWEEN USERS

(a) If an Exchange involving Goods or Services takes place, this clause 11 is applicable.

(b) This Agreement does not seek to limit the effectiveness of Consumer Laws. Consumer Laws may entitle you to specific remedies, such as refunds, replacements, or repairs, in case of Goods or Services failures.

(c) Providers must ensure that Consumers’ rights under Consumer Laws are respected.

(d) If you are a Consumer encountering an issue with a Good or Service, you should initially contact the Provider, providing detailed information and images of the problem.

(e) Providers must reasonably address all Consumer inquiries, considering the rights granted to Consumers under Consumer Laws. These rights may include options for repair, replacement, re-performance, or refund for major issues, or the Provider’s discretion to choose one of these remedies for minor issues.

(f) Any unresolved inquiries between Users must be resolved as per clause 16.

12. USER CONTENT

Ownership of Content & Related IP

(a) Your Intellectual Property Rights for any Goods or Services you provide remain under your ownership.

(b) By using the Platform, you acknowledge that any Listings, data, messages, or other materials you share are immediately owned by UDAWWA.

(c) If you share any Content on the Platform that contains Intellectual Property Rights, such as images, you affirm that you either own these rights or have the necessary licenses to share the Content on UDAWWA’s website and publicly for commercial purposes. You also agree to indemnify UDAWWA against any claims alleging infringement of third-party Intellectual Property Rights resulting from the Content you post or your interactions with Goods or Services.

Responsibility for Content

(d) The person providing Content is solely responsible for its accuracy and completeness.

(e) UDAWWA does not have control over Content posted on the Platform, and therefore cannot guarantee its accuracy, completeness, legality, or usefulness.

(f) Consequently, you are entirely responsible for any actions you take based on Content, not UDAWWA.

(g) You must assess and accept all risks associated with using any Content, including relying on its accuracy, completeness, legality, and usefulness.

Prohibited Content

(h) You agree not to use the Platform, whether on public or private pages, for the following purposes:

(A) Uploading or downloading Content in violation of the platform’s licensing terms and restrictions outlined in clause 14.

(B) Posting Content that violates the Posting Policies or any applicable laws, including Employment Laws, Consumer Laws, Privacy Laws, Animal Protection Laws, Conveyancing Laws, and Tenancy Laws.

(C) Sharing Content intended to promote political, legal, social, or economic agendas that UDAWWA deems inconsistent with the Posting Policies, its business objectives, or the common good of its user community.

(D) Soliciting or offering Goods, Services, or Jobs that are illegal in your jurisdiction, including those related to pornography, prostitution, or prohibited substances.

(E) Posting Content that is unlawful, harmful, threatening, abusive, harassing, defamatory, vulgar, obscene, invasive of privacy, hateful, or racially, ethnically, or otherwise objectionable.

(F) Manipulating identifiers to disguise the origin of transmitted Content.

(G) Transmitting Content without proper authorization under law or contractual or fiduciary relationships.

(H) Sending materials containing viruses or other harmful computer code designed to disrupt or damage software, hardware, or telecommunications equipment, including automated posting software or bots.

(I) Disrupting the Platform or its connected servers or networks, or violating any network requirements, procedures, policies, or regulations.

(J) Posting Content that infringes on any trademarks, copyrights, or other proprietary rights.

(K) Distributing unsolicited or unauthorized advertising, promotional materials, junk mail, spam, chain letters, or pyramid schemes.

(L) Republishing or making available any content from the Website without authorization.

(M) Intentionally or unintentionally violating any applicable laws or regulations, including those set by securities exchanges.

(i) You understand that UDAWWA does not pre-screen Content but reserves the right, at its sole discretion, to refuse or remove any Content available via the Platform.

13. UDAWWA PRIVACY & USER COMMUNICATIONS

(a) Both parties will adhere to our Privacy Policy, accessible via the link provided in these Terms, which may be updated with written notice to you.

(b) You agree not to share any unnecessary Content with other Users, including in Listings. Never disclose credit card or bank details to other Users, as any information shared is at your own risk.

(c) All Users must safeguard information received from others to prevent misuse or distribution. UDAWWA will investigate and terminate any User found misusing or distributing another User’s information.

(d) UDAWWA may monitor, use, access, store, and disclose your Content and communications with other Users:

(A) to provide the Platform efficiently;

(B) to ensure compliance with this Agreement;

(C) for proper Account administration; and

(D) if required by law or to:

(1) comply with legal process;

(2) enforce the Terms;

(3) respond to claims of Content violation;

(4) address customer service requests; or

(5) protect the rights, property, or safety of UDAWWA, Users, or the public.

(e) UDAWWA partners with external organizations and companies, who may convey messages or offerings (commercial or otherwise) to you via advertisements on our platforms.

(f) We may retain your Content for legitimate business purposes, including legal reasons. You have the right to request Account deletion (with some Content retention) unless terminated under clause 18(b). To request deletion, contact us using the provided functionality, and we will endeavor to process your request promptly.

14. PLATFORM USE AND INTELLECTUAL PROPERTY PROVISIONS

(a) As long as you fulfill your obligations under this Agreement, you’re granted a non-exclusive, non-transferable, royalty-free, revocable license to use the Platform solely for legitimate and lawful Exchanges.

(b) You recognize that the Platform contains UDAWWA’s Intellectual Property Rights and confidential information, including underlying source code, protected by applicable laws. This Agreement does not transfer any Intellectual Property Rights to you. Any unauthorized use of the Platform will constitute a breach of our Intellectual Property Rights, for which you’ll be liable for damages and consequential damages.

15. DISCLAIMERS

(a) UDAWWA or third parties may offer links to third-party sites or resources. Since UDAWWA lacks control over these external resources, you agree that UDAWWA isn’t liable for their availability. UDAWWA doesn’t endorse or take responsibility for any content, products, or materials on these sites. UDAWWA won’t be held responsible for any damage or loss resulting from using or relying on such external resources.

(b) Your use of the Platform is at your own risk. The Platform, including its User community, is provided “as is” and “as available.” You’re responsible for verifying a User’s legitimacy and the accuracy of Listings. UDAWWA isn’t liable for any errors, omissions, or misleading information in Listings or for any losses incurred from using or relying on Listings or Exchanges.

(c) UDAWWA makes no warranty or representation that:

(A) the Platform will meet your needs;

(B) the Platform will be uninterrupted, timely, secure, or error-free;

(C) any products, services, or information obtained through UDAWWA will meet your expectations; or

(D) any errors in the source code will be corrected.

(d) Any material downloaded through the Platform is at your own risk. You’re solely responsible for any damage to your computer system or loss of data from downloaded material.

(e) These terms don’t exclude or replace any guarantees or warranties provided under the Consumer Law. As a consumer, you may be entitled to repair, replacement, or other rights under the Consumer Law.

16. ISSUES AND DISPUTES
    Issues with the Platform

(a)  If you encounter any issues with the Platform, please contact us through the functionality at the bottom of this page. We will endeavour to resolve your issue within 2 weekdays.

(b)  If we are unable to resolve your issue, your rights and our liability is limited in accordance with clause 17.

Disputes with other Users

(c) Any issues or disputes about a Listing or Exchange, including Jobs, is an issue between the Provider and the Consumer, or Employer and Worker (Disputing Users).

(d)  To the maximum extent permitted at law, any issues or disputes about Listings or Exchanges, including Jobs, are not an issue or dispute with UDAWWA.

(e)  The Disputing Users must, in good faith, seek to efficiently and cost effectively resolve the issue in a manner that is objectively fair to both parties in the circumstances.

(f)  The Users are encouraged to seek independent legal advice (at their own cost) if the issue is significant or otherwise is not progressing towards independent resolution.

(g)  All Users agree to refrain from initiating formal legal proceedings until any issue that cannot be resolved day to day has been discussed at mediation and the parties have made a genuine effort at resolving the issue in good faith.

17. LIABILITY AND INDEMNITY OF UDAWWA

(a) UDAWWA won’t be liable to you for any incidental, special, or consequential damages, or damages for loss of data, reputation, business opportunities, or profits arising from or related to the Platform, this Agreement, or any Listings, Exchanges, Goods, Services, or Jobs, except where such liability cannot be excluded under the Competition and Consumer Act 2010 (Cth).

(b) If UDAWWA is liable to you, UDAWWA’s aggregate liability for all claims arising from or related to this Agreement, the Platform, or any Listings, Exchanges, Goods, Services, or Jobs is limited to the amount paid for the relevant Goods or Services in the Exchange giving rise to the liability.

 (c) You indemnify UDAWWA for any claims arising from your breach of this Agreement, violation of laws or Posting Policies, disputes with other Users, or negligent, fraudulent, or criminal acts. However, UDAWWA’s liability is limited, except in cases where UDAWWA’s own actions contribute to the claim.

18. REPORTING MISUSE AND ACCOUNT REVOCATION

(a) If you suspect any User is breaching this Agreement, notify UDAWWA promptly.

(b) UDAWWA may terminate your Account or prohibit your use of the Platform if you breach this Agreement, without explanation or right of appeal.

(c) UDAWWA may cooperate in any proceedings related to your misuse of the Platform or breach of this Agreement.

19. MISCELLANEOUS INTERPRETATION PROVISIONS

(a) This Agreement is governed by the laws of New South Wales, and any disputes will be subject to the exclusive jurisdiction of New South Wales courts.

(b) Unenforceable clauses will be severed to the extent necessary, and the remaining terms will apply.

(c) Failure to enforce a right under this Agreement doesn’t waive that right.

(d) This Agreement applies from the date you agree to it and continues until updated.

(e) We may update this Agreement with written notice to you.