TERMS & CONDITIONS

1. Introduction

Welcome to Kazoik. By using the Kazoik.com website and any related service or tool (“the Kazoik services”), you agree to the following terms with Kazoik. If you have any questions, please contact Customer Service.

The entity you are contracting with is: Beyond Intent, the current owners and operators of the Kazoik platform.

In this User Agreement, these entities are individually and collectively referred to as “Kazoik”, “we” or “us”.

2. Scope

Before using the Kazoik services, you must read and accept all of the terms in, and linked to, this User Agreement (“Agreement”) and the Kazoik User Privacy Notice. We strongly recommend that, as you read this User Agreement, you also access and read the hyperlinked information. By accepting this User Agreement, you agree that this User Agreement and User Privacy Notice will apply whenever you use the Kazoik services, or when you use the tools we make available to interact with the Kazoik services.

3. Using Kazoik

While using the Kazoik services, you will not:

  • Infringe any laws, third party rights or our policies, such as the prohibited and restricted items policies;
  • Use the Kazoik services if you are not able to form legally binding contracts, are under the age of 18 or are suspended from using the Kazoik services;
  • Fail to deliver payment for items purchased by you, unless the seller has materially changed the item’s description after you bid or a clear typographical error is made;
  • Circumvent or manipulate our fee structure, the billing process, or fees owed to Kazoik;
  • Post false, inaccurate, misleading, defamatory or offensive content (including personal information);
  • Take any action that may undermine the Feedback or ratings systems (such as displaying, importing or exporting Feedback information or using it for purposes unrelated to Kazoik);
  • Distribute or post spam, unsolicited or bulk electronic communications, chain letters or pyramid schemes;
  • Distribute viruses or any other technologies that may harm Kazoik or the interests or property of Kazoik users;
  • Export or re-export any Kazoik tools except in compliance with the export control laws of any relevant jurisdictions;
  • Copy, modify or distribute rights or content from the Kazoik services or Kazoik’s copyrights and trademarks; or
  • Harvest or otherwise collect information about users, including email addresses, without their consent.

4. Abusing Kazoik

Kazoik and its community of users (“the Community”) work together to keep our sites and services working properly and the Community safe. Please report problems, offensive content, and policy violations to us.

Without limiting other remedies, we may limit, suspend or terminate our service and user accounts, prohibit access to the Kazoik services, delay or remove hosted content, remove, delete, modify or not display offers, apply fees and/or recover our expenses for policy monitoring and enforcement, and/or take technical and legal steps to keep users off the sites if we think that they are creating problems or possible legal liabilities, infringing the intellectual property rights of third parties or acting inconsistently with the letter or spirit of our policies (for example, and without limitation, policies related to shill bidding, conducting off-Kazoik transactions, Feedback manipulation, circumventing temporary or permanent suspensions or users who we believe are harassing our employees or other users). Additionally, we may, in appropriate circumstances and at our reasonable discretion, suspend or terminate accounts of users who may be repeat infringers of intellectual property rights of third parties. We also reserve the right to cancel unconfirmed accounts or accounts that have been inactive for a long time, or to modify or discontinue Kazoik services.

If you are a seller and you offer or reference your contact information or ask a buyer for their contact information in the context of buying or selling outside of Kazoik, you may be liable to pay a final value fee applicable to that item.

5. Fees and services

Joining Kazoik and bidding on listed items is free. We do charge fees for other services, such as coupons and media services.

When you list an item or use a service that has a fee, you have an opportunity to review and accept the fees that you will be charged.

We may change our seller fees from time to time by posting the changes on the Kazoik site 14 days in advance, but with no advance notice required for temporary promotions, new services, or any changes that result in the reduction of fees.

If you are a seller, you are liable for transaction fees arising out of all sales made using some or all Kazoik services. Sellers must meet Kazoik’s minimum performance standards. Failure to meet these standards may result in Kazoik charging you additional fees, and/or limiting, restricting, suspending, or downgrading your seller account.

Unless otherwise stated, all fees are quoted in Australian Dollars. You are responsible for paying all fees and applicable taxes associated with our sites and services in a timely manner with a valid payment method. If your payment method fails or your account is past due, we may collect amounts owed using other collection mechanisms, including charging other payment methods on file with us, retaining collection agencies and legal counsel, using any credits on your account and, for accounts over 180 days past due, requesting that PayPal deduct the amount owed from your PayPal account. In addition, you will be subject to late fees. In the event that your payment method fails or your account is past due, we may also limit or suspend the services which Kazoik provides to you, including by not displaying your offers.

6. Content

When you upload content to the Kazoik website or otherwise, you confirm that you own the trademarks of the offered items and/or have the rights to use these trademarks. Kazoik will not claim nor purport ownership of the trademarks and will exercise care in the use thereof.

For the convenience of sellers, we may offer catalogues of stock images, descriptions and product specifications that are provided by third parties (including Kazoik users). You may use catalogue content solely in connection with your Kazoik offers during the time your offers are on Kazoik’s sites.

7. Trading on Kazoik and limitation of liability

While we strive to maintain a safe trading environment you accept that there are unfortunately sometimes risks when trading online and using our sites, including dealing with underage or fraudulent persons. You will not hold Kazoik responsible for other users’ content, actions or inactions. You acknowledge that we are not an auctioneer. Instead, our sites are venues to allow anyone to offer, sell, and buy just about anything, at any time, from anywhere, in a variety of pricing formats and locations, such as Stores, fixed price formats and auction-style formats. We are not involved in the actual transaction between buyers and sellers. We have no control over and do not guarantee the quality, safety or legality of items advertised, the truth or accuracy of users’ content or offers, the ability of sellers to sell items, the ability of buyers to pay for items or that a buyer or seller will actually complete a transaction or return an item. You should consider and use all of the suggested safe trading guidelines when trading online, including our safe trading tips for buyers and tips for sellers on avoiding transaction problems.

When you enter into a transaction you create a legally binding contract with another user. You must ensure that you comply with your obligations to that other member and are aware of any laws relevant to you as a buyer or seller. If another member breaches any obligation to you, you – not Kazoik – are responsible for enforcing any rights that you may have.

You alone, and not Kazoik, are responsible for ensuring that your offer, bidding and selling and any other activities conducted on our site are lawful. You must ensure that you comply with all applicable laws in Australia and other countries. You must also ensure that you strictly comply with this Agreement and the policies which form part of the Agreement.

We do not take ownership of the items at any time and do not transfer legal ownership of items from the seller to the buyer. Further, we cannot guarantee continuous or secure access to the Kazoik services, and their operation may be interfered with by numerous factors outside of our control. Accordingly, to the extent legally permitted, we exclude all implied warranties, terms and conditions. We are not liable for any loss of money, goodwill or reputation, or any special, indirect or consequential damages arising, directly or indirectly, out of your use of or your inability to use the Kazoik services.

To the extent that Kazoik is able to limit the remedies available under this Agreement, Kazoik expressly limits its liability for breach of a non-excludable statutory guarantee to the following remedies:

  • the supply of the services again; or
  • the payment of the cost of having the services supplied again.

8. Release

If you have a dispute with one or more users, you release us (and our officers, directors, agents, subsidiaries, joint venturers and employees) from claims, demands and damages (actual and consequential) of every kind and nature, known and unknown, arising out of or in any way connected with such disputes.

9. Breach

Without limiting other remedies available to Kazoik at law, in equity or under this Agreement, we may, without notice to you and in our sole discretion (which shall be exercised reasonably, having regard to the circumstances), delay offer your item, delete your offer, issue you a warning, restrict your activities through our site (including but not limited to buying, selling and posting activities), temporarily suspend, indefinitely suspend or terminate your membership and refuse to provide our services to you, or require you to pay additional fees if:

  • You have, or we believe that you have, breached this Agreement, which includes any of our Policies in any way (including those Policies referred to in Clause 24 below);
  • We are unable to verify or authenticate any information you provide to us;
  • We believe that your actions may cause loss or damage to or otherwise unlawfully harm you, our users, third parties or us, our related bodies corporate or affiliates, our directors, employees or agents; or
  • If we reasonably believe that any of your information (which includes an item listed on the site) is inappropriate or of an offensive nature.

For security, confidentiality and privacy reasons, we are not obligated to provide you or other members the details of any investigation that we conduct or any action which we take, in relation to your membership or your account other than those that are already provided to you by us.

10. Returns

Buyers can request a return or report that they didn’t receive an item from their Purchase history.

If the buyer is requesting to return an item they need to contact the supplier to see if this is possible. Kazoik will try facilitate where possible but reminds that we are facilitators and do not hold the products nor do we sell the products.

If an item is not received or differs significantly from the offer,

you also acknowledge and agree that we may exercise our reasonable discretion to make a final decision on any case, where a buyer and seller cannot come to agreement. If we resolve a case in the buyer’s favour, the seller will be required to issue a full refund to the buyer (including original postage costs if applicable), either by automatic reversal of the transaction from the seller’s PayPal account, or by reimbursing Kazoik in cases where we refunded the buyer directly.

As a seller, you authorise and instruct us:

  • To automatically accept a return request on a your behalf and provide a return postage label to the buyer, for return requests that fall within your returns policy;
  • To place return postage costs on your seller invoice, in cases where you are responsible for paying return postage;
  • To request PayPal to reverse the refund amount (in same or other currency) from your PayPal account in cases where the transaction is cancelled or the buyer returns an item in accordance with your offer’s return policy;
  • To request PayPal to collect or reverse variable amounts (representing payments related to covered claims) from your PayPal account to carry out a buyer reimbursement, including amounts in other currency holdings where you do not have sufficient funds available in the transaction currency;
  • To request PayPal to restrict your access to funds (the restriction will apply up to a sum equivalent to the cost of the item and original postage costs paid by the buyer) in your PayPal account at any point during the resolution process (which may result in PayPal determining to restrict funds in your PayPal account in order to manage PayPal’s risk exposure pursuant to PayPal policies – see clause 11: Restricting funds);
  • To recover the amount we pay to the buyer (in cases where we refund the buyer directly) by placing the reimbursement amount on your seller invoice and charging the payment method you selected; and
  • To use credits on your account to pay for amounts you owe to Kazoik.

You acknowledge and agree that your authorisations above will or may be made on a recurring basis and on various dates as required by us to facilitate returns on Kazoik and implement the terms of the Kazoik returns policy.

You must have a payment method on file with Kazoik and you may change this payment method at any time. If you do not provide Kazoik with a valid payment method, we may collect the outstanding sums using other collection mechanisms, including retaining collection agencies.

We reserve the right to fix any processing errors we discover. We will correct any processing errors by debiting or crediting the payment method used for the Kazoik refund or reimbursement.

As a buyer, you will be precluded from bringing a Kazoik refund claim if you already have made or are making a claim with PayPal in respect of the same transaction. We may suspend the Kazoik refund policy in whole or in part without notice if we suspect abuse or interference with the proper working of the policy, or for commercial reasons.

Certain categories of items are excluded from the Kazoik refund policy, and other conditions apply. Please refer to the Kazoik refund policy for more details.

11. Restricting funds

To protect against the risk of liability, Kazoik may request, and you agree to authorise the request, that PayPal restrict access to funds in a seller’s PayPal account based on certain factors, including, but not limited to, selling history, seller performance, returns, riskiness of the offer category or the filing of a case. This may result in PayPal determining to restrict funds in your PayPal account in order to manage PayPal’s risk exposure pursuant to PayPal policies.

14. Access and interference

The sites contain robot exclusion headers. Much of the information on the sites is updated on a real-time basis and is proprietary or is licensed to Kazoik by our users or third parties. You agree that you will not use any robot, spider, scraper or other automated means to access the Kazoik services for any purpose without our express written permission.

Additionally, you agree that you will not:

  • Take any action that imposes or may impose (in our sole discretion, exercised reasonably) an unreasonable or disproportionately large load on our infrastructure;
  • Copy, reproduce, modify, create derivative works from, distribute or publicly display any content (except for your information) from the sites without the prior express written permission of Kazoik and the appropriate third party, as applicable;
  • Interfere or attempt to interfere with the proper working of the sites, services or tools, or any activities conducted on or with the sites, services or tools; or
  • Bypass our robot exclusion headers or other measures we may use to prevent or restrict access to the sites.

15. Offer conditions

By offering an item on Kazoik’s sites, you agree to pay Kazoik’s fees (where applicable), assume full responsibility for the content of the offer and item offered, and accept the following offer conditions:

  • When you list an item on Kazoik’s sites, your offer will be posted on Kazoik’s sites and you confirm that this is available and a true reflection thereof.
  • Your offer may only appear in a future Kazoik campaign and so time from agreement to activation or offer depends on availability.
  • Where your offer appears in search and browse results may be based on certain factors including offer format, title, bidding activity, end time, keywords, price and postage cost. Learn more about where your offers appear in search and browse results.
  • Your offer will, at all times, comply with Kazoik rules and policies, including offer rules.

16. Selling internationally

You may be able to sell your items internationally by offering items for sale directly on one or more of Kazoik’s international sites or where you choose to list items with an international postage option. You agree that we may display your offer on an Kazoik site other than the Kazoik site where you listed your item for sale, including those situations where you choose to list items with an international postage option (such as worldwide postage). However, you may restrict international buyers from purchasing your items if you explicitly exclude international postage locations from your offers or by creating and applying an exclusion list to your offers.

Regardless of which Kazoik site you use to list your item, if your item is sold to a buyer who is using an Kazoik site other than your Kazoik site of registration, you agree to be subject to that other site’s User Agreement and policies with respect to that particular purchase, including that site’s Kazoik refund policy.

You are responsible for complying with all laws and regulations applicable to the sale and delivery of items to international buyers and are responsible for paying all fees and applicable taxes or charges associated with Kazoik sites and services such as GST or VAT. Fees for offer and selling items on Kazoik’s international sites will be added to your seller invoice and charged to the automatic payment method (if any) that is on file with your Kazoik site of registration.

17. Tax on consumer purchases

Buyers and sellers are generally responsible for any Goods and Services Tax (GST), sales tax, or other taxes that apply to items bought on Kazoik. If you have any questions or require more information about your tax obligations, please contact the Australian Taxation Office, your local tax or customs authority, or seek independent tax advice.

In any jurisdiction where Kazoik has an obligation to collect tax on consumer purchases:

  • Kazoik may add the applicable tax to the item price displayed to the buyer;
  • Kazoik will display the tax amount at checkout once the buyer’s order and delivery address are confirmed, and this will be included in the order total paid by the buyer;
  • Kazoik will collect this amount via any means available to us and remit the tax to the relevant authority.

For more details, please see our Tax policy.

As a buyer, you acknowledge and agree that tax may apply on top of the seller’s item price, and that you will have the opportunity to review this before finalising your order.

As a seller, you acknowledge and agree that where Kazoik has an obligation to collect tax on consumer purchases 1) your prices may appear higher to buyers based on their delivery address, and 2) that we may not report tax collected to you, although we will indicate on the order details page if tax was collected by Kazoik.

18. Closing your account

You may close your Kazoik account at any time, subject to:

  • Not having any outstanding items listed on the website; and
  • Resolving any outstanding matters (such as a suspension or restriction on your account); and
  • Paying any outstanding fees owing on the account.

19. Privacy

We do not provide your personal information to third parties for their marketing purposes without your explicit consent. We do however, reserve the right, to deliver remarketing services for our Seller’s targeting Buyers based on their intent displayed on the Kazoik site. This means that we will not sell your information but rather buy media on 3rd party site like Facebook, Instagram, Google etc targeting you based on interest or intent.

We use your information only as described in the Kazoik User Privacy Notice. We view protection of users’ privacy as a very important community principle. You can access and modify the information you provide us and choose not to receive certain communications by signing in to your account. We use third parties to verify and certify our privacy principles. For a complete description of how we use and protect your personal information, see the Kazoik User Privacy Notice. If you object to your information being transferred or used in this way please do not use our services.

Privacy of Others; Marketing

If Kazoik provides you with information about another user you agree you will use the information only for the purposes it is provided to you. You may not disclose, sell, rent or distribute a user’s information to a third party for purposes unrelated to the Services. Additionally, you may not use information for marketing purposes, via electronic or other means, unless you obtain the consent of the specific user to do so.

20. Indemnity

You will indemnify us (and our officers, directors, agents, subsidiaries, joint venturers and employees) against any claim or demand, including legal fees and costs, made against us by any third party due to or arising out of your breach of this Agreement, or your infringement of any law or the rights of a third party in the course of using the Kazoik services.

21. No agency

Kazoik is not your agent for any purpose in relation to this Agreement or your use of the Kazoik services.

22. Notices

Legal notices must be served on Kazoik’s registered agent (in the case of Kazoik) or to the email address you provide to Kazoik during the registration process (in your case). Notice will be deemed given 24 hours after email is sent, unless the sending party is notified that the email address is invalid or that the email has not been delivered. Alternatively, we may give you legal notice by mail to the address provided by you during the registration process. In such case, notice will be deemed given three days after the date of mailing.

Any notices to Kazoik’s registered agent must be given by registered ordinary post (or if posted to or from a place outside Australia, by registered airmail) to Kazoik.

23. Legal disputes

If a dispute arises between you and Kazoik, our goal is to provide you with a neutral and cost effective means of resolving the dispute quickly. We strongly encourage you to first contact us to seek a resolution. If your dispute is not resolved by contacting Customer Service, all legal notices and formal disputes should be sent to Kazoik’s registered agent in accordance with Clause 22 above. We will consider reasonable requests to resolve the dispute through alternative dispute resolution procedures, such as mediation or arbitration, as alternatives to litigation.

Law and forum for legal disputes

This Agreement will be governed in all respects by the laws of New South Wales. We encourage you to try and resolve disputes using certified mediation (such as online dispute resolution processes). If a dispute cannot be resolved then you and Kazoik irrevocably submit to the non-exclusive jurisdiction of the courts of New South Wales, Australia.

24. Additional terms

It is important to read and understand all our policies as they provide the rules for trading on the Kazoik site. You should read the Kazoik rules and policies overview to see the rules that apply to you. In addition there may be specific policies or rules that apply, and it is your responsibility to check our Help pages and policies to make sure you comply.

Our policies, including all policies referenced in them, are part of this Agreement and provide additional terms and conditions related to specific services offered on our sites, including but not limited to:

Each of these policies may be changed from time to time. Changes take effect when we post them on the Kazoik.com site. When using particular services on our sites, you are subject to any posted policies or rules applicable to services you use through the sites, which may be posted from time to time. All such policies or rules are incorporated into this User Agreement.

25. General

If any provision of this Agreement is held to be invalid or unenforceable, such provision will be severed and the remaining provisions will remain in effect. In our sole discretion, we may assign our rights and obligations under this Agreement to another entity. Headings are for reference purposes only and do not form part of this Agreement. Our failure to act on a breach by you or others doesn’t waive our right to act on subsequent or similar breaches.

We may amend this Agreement at any time by posting the amended terms on Kazoik.com. We will also notify you of any material amendments through Kazoik Messages (in My Kazoik) and/or directly to the email address linked to your account. Except as stated elsewhere, all amended terms will automatically be effective 30 days after they are initially posted. If you do not accept the changes you should close your account in accordance with Clause 18 of this Agreement.

This Agreement contains the entire understanding and agreement between you and Kazoik. The following Sections survive any termination of this Agreement: Fees and Services (with respect to fees owed for our services), Release, Content, Liability, Indemnity and Legal Disputes.

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