Website Terms & Conditions

1.      Introduction

Welcome to Skatt.  This Website http://www.Skatt.com.au and its associated mobile operations (“Website”) is owned and operated by John Orr Pty Ltd (ABN 44 347 563 727) trading as Skatt (“Skatt”, “us”, “our” or “we”).

Your access to and use of the Website, including any orders you place with us, is governed by these Website Terms & Conditions and our Privacy Policy.

2.      Access and Use of the Site

While using the site, you must not (or attempt to):

a.      Breach any laws or regulations, infringe any Intellectual Property rights, or make any fraudulent enquiries, purchases or requests;

b.      Use the Website to the competitive disadvantage of Skatt or its sellers;

c.      Use the Website to harm, abuse, harass, stalk, threaten or otherwise offend others;

d.      Interfere with, disrupt, or create an undue burden on the Website;

e.      Upload, post, transmit or otherwise make available any material that:

                           i.      May infringe the intellectual property of another person; or

                         ii.      That is or could reasonably be expected to be, defamatory, obscene, offensive threatening, abusive, pornographic, vulgar, profane, indecent, or otherwise unlawful.

                       iii.      You know or suspect, or should reasonably know or suspect, to be false misleading or deceptive;

                       iv.      Contains large amounts of untargeted, unwanted or repetitive content.

Without limiting the above, you will not and will not permit a third party to:

                           v.      Any method or process (including data scraping, web-bots, collection or accumulation tool, robot, spider or scripted responses) for the purpose of obtaining, processing, copying, replicating, distributing, reconfiguring, republishing, viewing, assessing, analysing, modifying or repacking the content of the Website;

                         vi.      Use, obtain, or attempt to obtain from the Website, information in order to identify or discover pricing, underwriting, rating and related business methodology or systems;

                       vii.      Do anything which will or may damage, disrupt access to or interfere with the proper operation of the Website.

                      viii.      Interfere with or disrupt the Website or the servers or networks that host the Website; and

                         ix.      Interfere with the security-related or other features of the Website.

If you believe that a user has breached any of the above conditions, please contact Skatt.

f.        Skatt reserves the right to block or suspend any user of the Website and to modify or remove any material uploaded, posted, transmitted or otherwise made available on the Website by any user, without notice.

g.       Skatt is not responsible for, and accepts no liability with respect to, any material uploaded, posted, transmitted or otherwise made available on the Website by any person other than Skatt. Skatt does not endorse any opinion, advice or statement made by any person other than Skatt.

3.      Your Account

a.      You must be 18 years of age to purchase an item through the Website. If you are below 18 years of age, you must have parental consent to purchase items through the Website.

b.      If Skatt reasonably believes you have breached any or all of the requirements under these Website Terms & Conditions, Skatt reserves the right to suspend or cancel your account.

c.      You are responsible for ensuring that your account is secure and your login and password used to access the Website is kept in a safe and secure location.

d.      You must not use another person’s account without our and/or the other person’s express permission.

e.      You must promptly notify Skatt if:

                           i.      You suspect or know your account has been accessed by an unauthorised user or any other security breach related to your account; and

                         ii.      Any of the information provided to us as part of the customer registration process or your account information changes.

f.        Agree that we may charge you for all items that have been ordered using your login and password through the Website.

4.      Placing an Order

a.      By placing an order through the Website, you acknowledge and agree that that is an offer by you to purchase particular items for the price listed on the Website (including any delivery, other charges and taxes) at the time you place the order, on these Website Terms & Conditions.

b.      Certain products that are available to be ordered from the Website will be delivered to you by one of our Partners. If a products will be shipped by one of our Partners, this will be indicated on the Shopping Cart page.

c.      Where products are being sold by one of our Partners, our Partner is responsible for delivery of those products.

d.      In certain circumstances, Skatt may cancel any part of an order for items (including any orders that we have accepted) without any liability to you for that cancellation at any time if:

                         i.      There is an error in the product description, price or imagery on the Website.

                       ii.       The items are not available;

                     iii.      If there has been an error by way of inclusion of an item in a particular sale or promotion;

                     iv.       Your order has been placed in breach of these Terms & Conditions;

                       v.      If we suspect your order is fraudulent or suspect credit card or payment-related fraud.

In the event that an order is cancelled, we will provide you with reasonable notice of the cancellation and if any payment has been taken, we will refund the payment received.

Any amounts paid in respect of cancelled items, will be refunded to your original payment method, or where Skatt deems appropriate, through an alternative means.

e.      Each order placed by you for items through the Website that is accepted, results in a separate binding agreement between you and us for the supply of those items. For each order accepted by us, we will:

                         i.      Supply the items in that order to you in accordance with these Terms & Conditions (via our Partners); and

                       ii.       Send you an email confirmation for that order. With the nature of the internet, we cannot guarantee receipt.

f.        You may not purchase items from the Website for the purposes of resale.

g.       Risk and title in items purchased from the Website, passes to you in relation to orders on the date and time of delivery of the item to the address notified by you to us.

5.      Delivery

a.      Items purchased on the Website will only be delivered to a delivery location that you have provided to us. It is your responsibility to ensure the delivery address is correct.

b.      You may receive multiple deliveries for your order, particularly if the items you have ordered are being shipping by our Partners from a different location. This may mean the products you ordered may arrive at different times. You may also be charged separate shipping costs for products purchased from different Partners.

c.      Items will be dispatched within a reasonable time following your order, however, we cannot guarantee firm delivery dates or times.

d.      We will do our best to delivery your order by the estimated delivery date. If we can’t do that, we will try to let you know as soon as possible. To the extent permitted by law, we will not be liable to you for any losses, liabilities, costs, damages, charges or expenses arising out of late or delayed delivery.

e.      You will be provided with delivery information to enable you to track your order.

f.        You acknowledge and agree that any person at your delivery address who receives your order is authorised by you to do so.

g.       If you authorise for an order to be left at a delivery address, you acknowledge and agree that you take responsibility for the order from the time it is delivered. By doing so, you:

                        i.      Accept the risk of theft or loss of the items from the time it is delivered; and

                       ii.      Acknowledge that, notwithstanding your authorisation, the person delivering the item has discretion whether to leave the item at the address.

6.      Prices and fees

a.      We will charge you, and you will agree to pay, the purchase price and delivery cost, if applicable, for any item purchased through the Website.

b.      All prices are in Australian dollars (AUD). We reserve the right to alter prices and delivery fees for any reason at any time before you place your order.

c.      Skatt will not be responsible for any failure to perform, or any delay in performance of, any of our obligations under its contract with you, where such failure is caused by an event caused beyond the reasonable control of Skatt.

7.      Payment

a.      Payment may be made through the following payment methods:

                             i.      Visa, Mastercard, debit cards with Visa or Mastercard logos;

                           ii.      Paypal;

                         iii.      Afterpay, subject to Afterpay’s terms. 

b.      If we cannot successfully process payment for the order of your item purchased on the Website, then we may cancel your order.

c.      You must not pay, or attempt to pay, for items purchased on the Website through any fraudulent or unlawful means.

8.      Returns

a.      You must contact Skatt to discuss and arrange any returns. Any returns will be subject to our and our Partner’s policies. 

9.      Indemnity

You agree to indemnify Skatt and each of the officers, employees, agents, contractors, suppliers and licensors (collectively Affiliates) of Skatt in respect of any liability, loss or damages (including all legal and other costs on a full indemnity basis) suffered or incurred by them arising (in whole or part) out of the breach of or failure to comply with any of these Website Terms & Conditions, or any other default or wrongful conduct in relation to the subject matter of these Website Terms & Conditions, on your part.

10.  Indemnity

By accessing the Website, you assume all risks associated with its use, including but not limited to the risk that your computer, software or data may be damaged by any virus transmitted by this Website or by any third party. To the extent permitted by law, all warranties, conditions and claims (whether express or implied) arising out of or in any way connected with this Website are hereby excluded. By accessing the Website, you agree to indemnify Skatt for any loss, damage, costs or expenses whatsoever suffered by any person or entity arising out of or in any way connected with your access to the Website.

11.  General

SKATT reserves the right to:

a.      Cancel an account at any time for any reason in its sole discretion; and

b.      Update or amend these Website Terms & Conditions at any time. Skatt will post the updated Website Terms & Conditions to the Website.

Information about goods on the Website is based on material provided by our Partners, suppliers and/or product manufacturers. Skatt attempts to ensure that our Partners describe items for sale on the Website as accurately as possible, but does not take any responsibility or warrant that any information provided by sellers is accurate, complete, reliable or error-free.

We do not warrant that the Website will be available at all times and without disruption and we provide no warranties in relation to the content of any other website linked to or from our Website.

Information about goods on the Website is based on material provided by our Partners, suppliers and/or product manufacturers. We cannot be held responsible for inaccuracies or errors caused by incorrect information supplied to us by these third parties, except as required by law.

12.  Intellectual Property

a.      All right, title and interest in all Intellectual Property in all concepts, systems, written, graphic and other material relating to the site and its contents is owned by, and will at all times remain the exclusive property of Skatt, our licensors and the providers of any other products and services accessible through the Website, and is protected by Australian and International law. Nothing in these Terms & Conditions will constitute any license of Intellectual Property rights to you.

b.      You must not use any Intellectual Property for commercial purposes.

c.      Skatt reserves all of its rights in relation to the Intellectual Property. 

13.  Jurisdiction

These Terms of Use are governed by the laws of Queensland, Australia.

14.  Contact

If you have any queries regarding these Terms of Use, please contact us.

Website Terms and Conditions of Use – Sellers

1.      Acceptance of these Terms

These Terms, and any other document or policy Skatt refer to throughout these Terms, form a legally binding agreement between you and Skatt.

You acknowledge and agree that you have read and understood these Terms, and you agree to these Terms when you offer an item for sale on the Website. If you do not agree to these Terms, you must cease use of the Website immediately.

2.      Selling on Skatt

By selling on Skatt, you agree that:

a.      You must be at least 18 years of age to sell items on the Website;

b.      You must provide accurate and honest information when setting up an account with Skatt in order to sell items on the Website. If you are not accurate and honest, Skatt reserves the right to suspend or cancel your account and you agree to waive any and all liability Skatt may have in this regard;

c.      You are ultimately responsible for your account.  You must ensure that your password is kept secure. If you register your account under a business name, you warrant that you have the legal right to enter into these Terms and to sell items on the Website under that entity;

d.      These Terms don’t create any agency, partnership, joint venture, employment, or franchisee relationship between you and Skatt;

e.      You must ensure that all items sold on the Website are genuine and accurately described including, but not limited to, any text, photos, content or videos used to represent your items on the Website;

f.        You must only sell items on the Website for the same, and no more than, the price you would sell that item for through any other online, digital or instore locations you operate or conduct business through;

g.       You will co-operate with Skatt to provide any additional information or clarification about your items that Skatt reasonably require;

h.      You must not engage in any misleading or deceptive conduct when offering your items for sale on the Website or in your content;

i.        You must not engage in any behaviour that Skatt reasonably deems to be the avoidance of payment of the commission;

j.        You will not engage in any co-ordinated pricing with other sellers on the Website; and

k.       You must not use the Website or any other service offered by Skatt from time to time to circumvent any transactions for the sale of your items, or to promote any third-party websites, services, or businesses. This includes, but is not limited to, coercing, enticing, recommending or suggesting to Buyers that they purchase the item from another online, digital or instore location you operate or conduct business through.

If Skatt reasonably believes you have breached any or all of the requirements under these Terms, Skatt reserves the right to suspend or cancel your account. Skatt will not be liable to you for any loss that you suffer in this regard, including, but not limited to, any loss of profits.

3.      Compliance with all Relevant Laws

a.      You are responsible for ensuring that you comply with all applicable and relevant laws and regulations for the items you list for sale on the Website, including, but not limited to, any and all labels, product descriptions, and warnings.

b.      You acknowledge and agree that Skatt is not responsible for the accuracy or content of the items you have listed for sale on the Website, or for the accuracy of any labels and warnings on the Items.

4.      Selling Fees

a.      Skatt does not charge any:

                                i.            Listing fees;

                               ii.            Monthly fees;

                             iii.            Advertising fees; or

                             iv.            Direct payment processing fees (note that these may be charged by any third-party providers). 

b.      Skatt will charge you a commission on the sale price of the item you sold on the Website, (excluding the delivery fee) (the ‘commission’). Skatt reserves the right to change the commission rate charged to you, at any time, upon reasonable notice to you. The change to the commission rate will take effect from the time the notice is deemed to be received by you.

c.      You are also solely responsible for collecting and/or paying any applicable taxes for any items sold through the Website.

5.      How Do You Get Paid by Skatt?

You will be paid the sale price for an item sold on the Website, less the commission fee and any payment gateway fees, following the purchase of your item on the website.

Following the purchase of your item on the website, the sale price, less the commission fee and any payment gateway fees will be deposited directly into your nominated bank account.

6.      Delivering Your Items to a Buyer

a.      You are responsible for the packaging, dispatch, and delivery of your items to the Buyer.

b.      You must deliver the item to the address as notified to you by Skatt on the order confirmation email. You are responsible for any and all local and international delivery and customs regulations, laws, fees and taxes.

c.      You must dispatch the item in a timely manner, within 1-2 business days, unless there are exceptional circumstances. In this case, you are obligated to notify Skatt of the reason for the delay, within a reasonable timeframe.

d.      You must notify Skatt immediately if you are unable to fulfill the sale of an item.

e.      In the event that an item is not received by a Buyer, or a Buyer claims that the Item has not been delivered, you may be requested to provide proof of delivery of items sold through the Website. Skatt reserves the reasonable right to request evidence of proof of delivery of an item sold through the Website, at any time.

f.        You give Skatt permission to collect and share tracking and delivery information for an item sold through the Website, with the Buyer.

7.      Returns & Exchanges

a.      A Buyer can request a refund from Skatt.

b.      Skatt will review the refund request and will approve or deny the refund in accordance with your Return Policy.

c.      Where a valid return has been approved by Skatt in accordance with your Return Policy, Skatt will provide the Buyer with a pre-paid return label.

d.      The pre-paid return label will be emailed to the Buyer. The Buyer can return the Item to their nearest post office.

e.      Skatt agrees to bear the cost of the pre-paid return label for the item.

f.        Skatt does not offer exchanges as items may sell out whilst the requested exchange is being processed.

8.      Intellectual Property

You grant Skatt and, in its sole discretion, any third parties, a non-exclusive, worldwide, royalty-free, irrevocable, sub-licensable, perpetual licence to use, display, store, and prepare derivative works of any of your content on the Website. You agree not to assert any moral rights against us for using your content and you unconditionally waive all moral rights as defined by the Copyright Act 1968 in relation to your content on the Website.

9.      Indemnity

You agree to indemnify Skatt and each of the officers, employees, agents, contractors, suppliers and licensors (collectively Affiliates) of Skatt in respect of any liability, loss or damages (including all legal and other costs on a full indemnity basis) suffered or incurred by them arising (in whole or part) out of the breach of or failure to comply with any of these Website Terms and Conditions of Use, or any other default or wrongful conduct in relation to the subject matter of these Website Terms and Conditions of Use, on your part.

10.  Disclaimer

By accessing the Website, you assume all risks associated with its use, including but not limited to the risk that your computer, software or data may be damaged by any virus transmitted by this Website or by any third party. To the extent permitted by law, all warranties, conditions and claims (whether express or implied) arising out of or in any way connected with this Website are hereby excluded. By accessing the Website, you agree to indemnify Skatt for any loss, damage, costs or expenses whatsoever suffered by any person or entity arising out of or in any way connected with your access to the Website.

11.  Payment Provider

Skatt uses Stripe Inc, to process payments for the sale of Items on the Website. You can access Stripe’s Terms of Service here, and their Privacy Policy, here.

Skatt does not take any responsibility for Stripe’s services and you acknowledge and agree that Skatt will not be liable for any loss as a result of Stripe’s services, including, but not limited to, any loss of profits.

12.  Jurisdiction

These Terms of Use are governed by the laws of Queensland, Australia.

13.  Contact

If you have any queries regarding these Terms, please contact Skatt.

14.  Definitions

Buyer means a person or entity who buys or agrees to buy your items;

Content means all information and listing of items for sale on the Website;

Items means goods or products advertised for sale on the Website;

Laws means laws of Queensland, Australia.

Terms means these terms and conditions of Skatt;

You means you, the seller, who is offering items on the Website for sale; and

Website means http://skatt.com.au and its associated mobile operations.

Skatt means John Orr Pty Ltd (ABN 44 347 563 727) trading as Skatt (“Skatt”, “us”, “our” or “we”).