AGA Showroom Terms and Conditions

    1.           Definitions

1.1 AGA

AGA means The Australian Gas Association Limited ABN: 98 004 206 044 the principal place of business of which is 66 Malcolm Road, Braeside, Victoria 3195, Australia.

1.2 AGA Showroom

AGA Showroom means: www.agashowroom.com.au and/or https://www.agashowroom.com.au and/or http://www.agashowroom.com.au and/or the AGA Showroom iOS App and/or Android App downloaded from the apple iTunes store and/or the Google Play store respectively.

1.3 Buyer

Buyer means an individual or company who has registered as a “Buyer” on the AGA Showroom who intends to purchase Products as displayed on one of more Active Listings, or has purchased Products through the AGA Showroom.

1.4 Information

Information means any content, words, letters, photographs, media, reviews, illustrations, advertisements, website links, programming and/or uploads which have been included on the AGA Showroom.

1.5 Product Listings

          1.5.1 Active Listing

Active Listing means a product listing approved by AGA to be listed on the AGA Showroom by a Supplier and is visible to all users on the AGA Showroom.

          1.5.2 Draft Listing

Draft Listing means a product listing which has not been completed by a Supplier and has not been submitted for AGA approval to be listed on the AGA Showroom. A Draft Listing is not visible to any user.

          1.5.3 Deactivated Listing

Deactivated Listing means a product listing which has been rejected or removed from the AGA Showroom by AGA and is not visible to any user.

                1.5.4 Out of Stock Listing

Out of Stock Listing means a product listing which has exhausted the stock levels provided by a Supplier and is not visible to any user on the AGA Showroom.

          1.5.5 Pending Listing

Pending Listing means a product listing submitted by a Supplier to be reviewed by AGA before being listed on the AGA Showroom and is not visible to any user on the AGA Showroom.

1.6 Product

Product means a product offered for sale by a Supplier on the AGA Showroom as displayed on the Supplier’s Active Listing.

1.7 Purchased Product

Purchased Product means a product which has been purchased by a Buyer on the AGA Showroom platform. This does not apply to products purchased outside the AGA Showroom platform, such as external websites linked through the AGA Showroom. 

1.8 Receipt

Receipt means a document provided by Suppliers to Buyers as a proof of purchase record of a Purchased Product. A Receipt can be in the form of a tax invoice, a printed cash register or hand written receipt.

1.9 Summary of Purchase

Summary of Purchase means a document provided by AGA to Suppliers and Buyers as a record of the transaction completed between the Suppliers and Buyers on the AGA Showroom. The Summary of Purchase is not a Receipt.

1.10 Stripe

Stripe means the Stripe payment portal at www.stripe.com

1.11 Supplier

Supplier means an individual or company who has registered as a “Supplier” on the AGA Showroom, who intends to list an Active Listing or has listed an Active Listing on the AGA Showroom.

Words importing the singular only shall also include the plural (and vice versa)

Words importing one gender shall include every gender

Words importing persons shall include individuals, corporations, associations and partnerships


2.                     General

2.1                 By accessing, using, viewing, participating and/or loading any part of the AGA Showroom, you consent to these Terms and Conditions. If any entity who does not agree or cannot comply with these Terms and Conditions the entity must not access, use, view, participate and/or load anything on the AGA Showroom.

2.2                You are responsible for the safekeeping of your AGA Showroom password.

2.3                You acknowledge and agree that it is your responsibility to have a connection to the internet and that a connection to the internet is required to operate any functions on the AGA Showroom.

2.4                You acknowledge that AGA will assume when logged in to the AGA Showroom that you or another entity you have authorised are logged in.

2.5                You must notify AGA immediately if you become aware of any unauthorised use of your AGA Showroom username or password.

2.6                You are not authorised to sell or transfer any account obtained through the AGA Showroom.

2.7                 You must not violate any state, territory or federal law.

2.8                 You must not impersonate any other entity.

2.9                 You are over the age of 18 years old.

2.10                You agree to indemnify, defend and hold harmless AGA and each of their respective directors, officers, employees, agents, contractors, licensors and suppliers, from and against any and all claims, demands, actions, costs, liabilities, losses and damages of any kind (including legal fees on a lawyer-client basis), resulting from your use of the AGA Showroom, or your breach of any provision of these Terms and Conditions.

2.11                AGA may assign or otherwise transfer any or all of its rights arising out of these Terms and Conditions without having to obtain your consent and will notify you of any such assignment or transfer.

2.12                The laws of the State of Victoria in Australia govern these Terms and Conditions.

2.13                Notwithstanding AGA’s rights under these terms and conditions, AGA does not undertake to monitor or moderate the submission of Information on the AGA Showroom.

2.14               These Terms and Conditions may change from time to time and will be available on the AGA Showroom. Any revised Terms and Conditions take immediate effect when updated on the AGA Showroom.

2.15               Should any part of these Terms and Conditions be or become invalid, that part shall be severed from these Terms and Conditions. Such invalidity shall not affect the validity of the remaining Terms and Conditions.

2.16                All fees, costs and transactions are only in Australian Dollars ($AU).

 

3.                     Information/Content on the AGA Showroom

3.1                    You must supply accurate and current Information when using the AGA Showroom.

3.2                  You acknowledge that AGA may in its discretion, and without any liability to you or any third party, remove any of your content, block access to your account, edit or remove any of your Information and/or disclose any of your Information to any government regulatory authority or court.

3.3                 You must not upload or include any viruses, malware, spyware and/or of the like that may compromise or damage the operation of the AGA Showroom.

3.4                   You acknowledge the Information you include on the AGA Showroom is made publically available and you authorise to AGA globally an irrevocable, non-exclusive royalty-free license to use, reproduce, adapt, publish, translate and distribute your content in any existing or future platform. You also authorise AGA the right to sub-license these rights, and the right to bring an action for infringement of these rights.

3.5                    You acknowledge and agree that AGA does not and has not endorsed and is not responsible for any content provided through a 3rd party link provided as Information on the AGA Showroom. Further, you acknowledge that AGA is not responsible for reviewing or testing the content, accuracy, completeness, speed, validity, copyright compliance, legality, decency, quality or any other aspect of such third party web sites or content.

3.6                    You must not re-publish, copy or re-use any part of the AGA Showroom without direct authorisation by AGA in writing.

3.7                    You must not include Information that is intellectual property of another entity, you do not have permission to include, is harmful, not in accordance with any state, territory or federal law, contravenes the privacy of another entity, harasses another entity, is defamatory, and/or objectionable to another entity.

3.8                    You warrant that your Information is owned by you when included on the AGA Showroom and that your Information and the licensing or provision of your Information to AGA (including AGA exercising the rights authorised to AGA) does not, and will not infringe the rights of any third party, including the infringement of any third party’s intellectual property rights or rights of confidentiality or privacy.

3.9                    You agree to pay any royalties, fees, or other monies owing to any entity as a result of you including Information or You licensing or providing that Information to us.

3.10                You acknowledge that Information available on the AGA Showroom may not be accurate and may contain errors, viruses and/or computer glitches.

3.11                You must not include any Information on the AGA Showroom that is or has ever been the subject of any threatened or legal proceedings or other similar complaint.

3.12                You shall use the Information on the AGA Showroom at your own risk.

   

4.                     Buyer & General user Specific Terms and Conditions

 4.1                    Registering

4.1.1              You must supply accurate and true Information when registering for an account on the AGA Showroom.

4.1.2              It is your responsibility to keep your password safe and secure when registering for an account on the AGA Showroom.

4.1.3              It is your responsibility to supply your correct email address, physical address, phone number and any other requested information when registering for an account on the AGA Showroom.

4.2                    Buying Products through the AGA Showroom

4.2.1              You acknowledge and agree that Products on the AGA Showroom are available to be purchased directly from Suppliers and are not supplied or stored by AGA.

4.2.2              You acknowledge that Suppliers are the provider of the Products and are solely responsible for the supply of any Purchased Products.

4.2.3              You acknowledge that apart from the AGA administration fee, any payment you make when purchasing any Product is made directly to the Supplier.    

4.2.4              You acknowledge that any taxes such as GST are inclusive off all prices on the AGA Showroom.

4.2.5              You acknowledge that you will not be receiving a Receipt at the time of purchase of any Product through the AGA Showroom.

4.2.6              You acknowledge that a Receipt should be provided directly by the Supplier upon delivery or pick up of any Purchased Product. Notwithstanding to the above, a Summary of Purchase will be available through Your AGA Showroom dashboard.

4.2.7              You acknowledge that Purchased Products will have either a pick up or delivery option, or both, and you are required to choose your preferred method before proceeding to checkout.

4.2.8              You acknowledge that if you choose the delivery option, a delivery fee may be applicable and that fee must be fully paid by you in full during the purchase of the Product.

4.2.9              You agree to pay all fees, including, product cost, delivery fees and AGA administration fee during the purchase of any Product.

4.2.10           You acknowledge that the AGA Showroom only accepts full payment with a valid credit card through the Stripe payment system.

4.2.11           You acknowledge that you are the owner of the credit card, or you have authority to use any credit card provided to purchase Products from the AGA Showroom. 

4.3                    Receiving Purchased Products

4.3.1              Pick Up Option

4.3.1.1         You acknowledge that it is your responsibility to contact the Supplier of the Purchased Product to orgasnise a suitable time for picking up the Purchased Product from the Supplier’s premises.

4.3.1.2         You acknowledge and agree that it is your responsibility to organise suitable transport as well as loading and/or unloading of the Purchased Product

4.3.1.3         You acknowledge and agree that all transport, loading and/or unloading costs will be borne by you.  

4.3.1.4         You acknowledge and agree that you will not hold AGA, the Supplier or any other entity responsible for damage or otherwise caused to the Purchased Product, property and/or vehicles during the transport, loading and/or unloading of the Purchased Product.

4.3.2              Delivery Option

4.3.2.1         If you have chosen for a Purchased Product to be delivered by the Supplier, it is your responsibility to organise a suitable time with the Supplier to have the Purchased Product delivered to your delivery address you have registered on the AGA Showroom.

4.3.2.2         You acknowledge and agree that AGA is not responsible or involved with organising and/or the conduct for the delivery of any Purchased Product.

4.3.2.3         If you have chosen for a Purchased Product to be delivered by the Supplier, You acknowledge that it is the responsibility of the Supplier to deliver the Purchased Product to you once you have organised the delivery arrangements with the Supplier.

4.3.2.4         You will not hold AGA responsible for damage or otherwise caused to the Purchased Product, property and/or vehicles during the loading and/or unloading of the Purchased Product.

4.3.2.5         You agree to handle any disputes regarding the delivery of the Purchased Product directly with the Supplier and/or any delivery third party service the Supplier has engaged.     

4.3.3              Product not supplied

4.3.3.1         You acknowledge that a Supplier may refuse and/or not provide a Purchased Product and/or any goods, services or benefits which you believe you are entitled to for any reason, and that You will not hold AGA or any other entity responsible or liable.

4.3.3.2         You acknowledge that a Supplier may go out of business and/or may not exist in future and any Purchased Product and/or goods, services or benefits which you believe you are entitled to may be lost and no compensation will be provided by AGA or any other entity. In this case you will not hold AGA or any other entity responsible or liable for any loss.

4.3.3.3         You acknowledge that a Supplier may have their account terminated for any reason and any Purchased Products and/or goods, services or benefits which you believe you are entitled to may be lost and no compensation will be provided by AGA or any other entity. In this case you will not hold AGA or any other entity responsible or liable for any loss.

4.3.3.4         You agree to alert AGA immediately if you believe that a Purchased Product will not be supplied by the Supplier.

4.4                    Receipts

4.4.1.1         You acknowledge that AGA does not and will not provide any form of a Receipt for any Purchased Product. A Summary of Purchase will be emailed and available through the AGA Showroom dashboard for your records and information only.  

4.4.2              You acknowledge that it is the responsibility of the Supplier to provide you with a Receipt when the Purchased Product is delivered to you or when you pick up the Purchased Product.

4.5                    Installation of Purchased Products

4.5.1              You acknowledge and agree that you are responsible to organise for the installation of any Purchased Product and will not hold AGA or any other party responsible for the installation.

4.6                    Returns

4.6.1              You acknowledge that returns of Purchased Product to the Supplier is a matter solely between the Buyer and the Supplier and agree that you will not seek restitution or compensation from AGA for settlement of any matters whatsoever relating to the return of Purchased Product to the Supplier.   

4.7                    Warranty

4.7.1              You acknowledge that any warranty offered by the Supplier in respect of a Purchased Product is a matter solely between the Buyer and the Supplier and that you agree not to seek restitution or compensation from AGA for settlement of any matters whatsoever relating to warranty claims for a Purchased Product.    

4.8                    Refunds

4.8.1              You acknowledge that any refund in respect of a Purchased Product is a matter solely between the Buyer and the Supplier of a Purchased Product and you agree not to seek restitution or compensation from AGA for settlement of any matters whatsoever in respect of refund claims to a Purchased Product.

4.8.2              You agree and acknowledge that AGA Administration Fees as described in Section 7 of these Terms and Conditions are non-refundable.

4.9                    Fees

4.9.1              In addition to the purchase price and delivery charges (if applicable), every purchase transaction through the AGA Showroom will incur an AGA Administration Fee. Refer Section 7 of these Terms and Conditions for details.  

4.10                Messages

4.10.1           You agree to use respectful language in any of the messages you send to any of the Suppliers.

4.10.2           You agree that the content of any messages you send to any of the Suppliers does not contain any foul language.   

4.11                Disputes

4.11.1           You will handle any disputes directly with the Supplier and will not involve AGA whatsoever in any dispute. The dispute may involve, but is not limited to, not receiving any goods, services or benefits which you believe you are entitled to, warranties, refunds, discounts, property damage during delivery of products, damage during installation or servicing etc.

 

5.                     Supplier Specific Terms and Conditions

 5.1                    Registering

5.1.1              You must supply accurate and true Information when registering for an account on the AGA Showroom.

5.1.2              It is your responsibility to keep your password safe and secure when registering for an account on the AGA Showroom.

5.1.3              It is your responsibility to supply your correct email address when registering for an account on the AGA Showroom.

5.1.4              You undertake that you are a genuine supplier of AGA certified products.

5.1.5              You agree to honour the supply of any of your Purchased Products to Buyers.

5.2                    Listing a Product

5.2.1              You acknowledge that only AGA certified products can be listed on the AGA Showroom.  

5.2.2              You acknowledge and agree that you are required to attain a Stripe account and link it to AGA’s Stripe connect platform.

5.2.3              You agree to that you will be responsible for the currency of Your Active Listings and you will not hold AGA or any other entity responsible or liable for any Information you have included.

5.2.4              You acknowledge that all Active Listings you include on the AGA Showroom must be inclusive of all taxes, including but not limited to GST.

5.2.5              You acknowledge that when you add a new listing through the AGA Showroom dashboard, the listing will become a Pending Listing and will not be visible to Buyers unless approved by AGA. An email confirmation will be sent to you if a Pending Listing is approved or rejected.  

5.2.6              You acknowledge that if you do not complete the listing adding process through the AGA Showroom Dashboard, the listing will be become a Draft Listing and it is your responsibility to finalise the Draft Listing in order to proceed with the listing approval process described in Section 5.5 below.

5.2.7              You acknowledge that it is your responsibility to set and monitor the product price on your Active Listing where applicable, including any sale price or bulk buy prices you set.

5.3                    Stripe Account

5.3.1              You acknowledge that you must obtain a Stripe account before you can proceed with the listing adding process on the AGA Showroom as described in Section 5.2.

5.3.2              You acknowledge that AGA uses Stripe Connect to be able to transfer payments for Purchased Products from Buyers to your account minus the AGA Showroom fee.

5.3.3              You acknowledge that AGA has no control of any of the Stripe processes.

5.3.4              You agree to deal directly with Stripe to resolve any disputes you may have regarding Stripe transactions and you will not hold AGA liable for any losses you may incur with Stripe transactions and/or dealings and agree that you will not hold AGA liable or seek restitution or compensation from AGA for settlement of ay matters whatsoever in respect of dispute claims between you and Stripe in relation to transaction through Stripe Connect.   

5.4                    Enhancement of a Listing

5.4.1              Featured Listing

5.4.1.1         You acknowledge and agree that you will need to pay an annual fee to have your Active Listing featured for a period of one year.

5.4.1.2         If you pay the annual fee to have your Active Listing featured on the AGA Showroom, you acknowledge that your Active Listing will automatically cease to be featured one year from when payment of the annual fee is made.

5.4.1.3         You acknowledge that a featured Active Listing will randomly be displayed in no particular order on the home page of the AGA Showroom.

5.4.1.4         You acknowledge that a featured listing enhancement is not transferrable to any other listing.

5.4.2              Number of Views

5.4.2.1         You acknowledge that to monitor the number of views of your Active Listing through the AGA Showroom dashboard a one-off fee applies.

5.4.2.2         If you pay to have available the number of views for your Active Listing, you acknowledge that this enhancement will cease if your Product is deleted or removed.

5.4.2.3         You acknowledge that the number of views enhancement is not transferrable to any other listing.

5.4.3              HTML Availability

5.4.3.1         You acknowledge and agree that you will need to pay a one off fee to have HTML availability for your Active Listing on the AGA Showroom. 

5.4.3.2         If you pay to have the HTML availability for your Active Listing, you acknowledge that the HTML enhancement will cease if your Product is deleted for any reason.

5.4.3.3         You acknowledge that the HTML enhancement not transferrable to any other listing.

5.4.3.4         You acknowledge that the HTML enhancement is only available and will be displayed in the “Description” section of an Active Listing.

5.4.4              Interactive Map

5.4.4.1         You acknowledge and agree that to have an interactive map visible for Your Active Listing on the AGA Showroom a one off fee is payable. 

5.4.4.2         If you agree to have an interactive map for Your Active Listing, You acknowledge that this enhancement will cease if your Active Listing is withdrawn.

5.4.4.3         You acknowledge and agree that the interactive map enhancement is not transferrable to any other listing.

5.4.4.4         You acknowledge that this enhancement is only available and will be displayed when a user is viewing an Active Listing. 

5.4.4.5         You agree that it is your responsibility to ensure the address you have entered is correct and that the interactive map is displaying your address correctly.

5.5                    Listing Approval Process

5.5.1              You acknowledge that prior to approving a Pending Listing, AGA may verify the information about and related to the Product you intend listing, including but not limited to, ensuring the products are physically available for sale, visiting your premises for confirmation, business checks, credit history checks etc.

5.5.2              You acknowledge that prior to approving a Pending Listing, AGA will cross reference the Information you supplied on the Pending Listing with the AGA certified product information, including, but not limited to pressure ratings, consumption rates, star ratings and product images. In the event any discrepancies are found, you acknowledge that Pending Listings will be rejected.

5.6                    Active Listing Stock (if applicable)

5.6.1              You are responsible for ensuring the available stock you have allocated for your Active Listing is correct, and that you are able to supply the amount of stock you have entered for Your Active Listing. 

5.6.2              You acknowledge that when the available stock count you have allocated for your Active Listing is exhausted, the Active Listing will become an Out Of Stock Listing and will not be visible to Buyers.

5.6.3              You acknowledge that you are responsible for keeping you available stock levels up to date if you would like to continue selling the product on the AGA Showroom.

5.6.4              You acknowledge that when you update the Out Of Stock Listing details, the listing will become a Pending Listing.

5.6.5              You acknowledge that prior to AGA approving a Pending Listing once you have updated your available stock count, the Pending Listing will not be visible to users unless approved by AGA.

5.7                    Editing a Listing

5.7.1              You acknowledge that when you edit an Active Listing through the AGA Showroom dashboard, the Active Listing will become a Pending Listing and will not be visible to Buyers unless approved by AGA.

5.7.2              You acknowledge and agree that the listing Information you change such as model category, sub-category and model details must not differ significantly, and if they do, your edited Pending Listing may be rejected. In this case, you will have to develop a new listing.  

5.8                    Removal of an Active Listing

5.8.1              You acknowledge that you cannot remove an Active Listing from being visible on the AGA Showroom.

5.8.2              You acknowledge that you can request from AGA through the AGA Showroom dashboard for an Active Listing to be removed from live view at any time. You acknowledge that AGA will consider your request and remove as deemed necessary.

5.8.3              You acknowledge that AGA can remove an Active Listing for any reason without notice.

5.8.4              You acknowledge that AGA will remove an Active Listing if the AGA Certification associated with an Active Listing is suspended, cancelled or under investigation.

5.8.5              You acknowledge that if your Active Listing is removed from the AGA Showroom for any reason, you may not be able to use the AGA Showroom functions and you may have disgruntled and/or dissatisfied customers. You will not hold AGA or any other entity responsible or liable for any action or claim for losses from any entity against you.

5.8.6              You acknowledge that the removal of an Active Listing from live view is not permanent and that it will still be available on the AGA Showroom desktop as a Deactivated Listing. Deactivated Listings can be edited and converted to Pending Listings for AGA further review in accordance with Section 5.5 of these Terms and Conditions.  

5.9                    Supply of Purchased Products (if applicable)

5.9.1              You are responsible with supplying any Purchased Products to the Buyers.

5.9.2              You acknowledge that you are solely responsible for any Purchased Products, services or benefits you have listed on the AGA Showroom and committed to supply to Buyers.

5.9.3              Pick Up option (if applicable and chosen by Buyer)

5.9.3.1         You acknowledge that it is your responsibility to contact the Buyer of a Purchased Product to orgasnise a suitable time for the Buyer to pick up the Purchased Product from your premises.

5.9.3.2         It is your responsibility to ensure the Purchased Product is available for the Buyer to pick up at the time you have agreed with the Buyer. 

5.9.3.3         You will not hold AGA responsible for damage or otherwise caused to the Purchased Product, property and/or vehicles during the loading and/or unloading of the Purchased Product.

5.9.4              Delivery Option (if applicable and chosen by Buyer)

5.9.4.1         You acknowledge that you are solely responsible for the delivery of Purchased Products or services in which a Buyer purchases through the AGA Showroom.

5.9.4.2         You acknowledge the delivery fee you set on the AGA Showroom is solely your responsibility.

5.9.4.3         You acknowledge that it is your responsibility to contact the Buyer of the Purchased Product to orgasnise a suitable time for delivering the Purchased Product to the Buyer’s premises.

5.9.4.4         You acknowledge and agree that is it is your responsibility to organise suitable transport as well as loading and/or unloading of the Purchased Product and that all transport, loading and/or unloading costs will be borne by you. 

5.9.4.5         You will not hold AGA responsible for damage or otherwise caused to the Purchased Product, property and/or vehicles during the transport, loading and/or unloading of the Purchased Product.

5.9.4.6         You acknowledge that AGA is not responsible or involved with organising and/or the conduct for the delivery of any Purchased Product.

5.9.4.7         You agree to handle any disputes regarding the delivery of the Purchased Product directly with the Buyer and/or any delivery third party service you have engaged.   

5.9.5              Providing a Receipt to Buyers

5.9.5.1         You agree to provide a Receipt to the Buyer with the Purchased Product at the time of delivery or at the time the Purchased Product is picked up by the Buyer.

5.9.5.2         You acknowledge that AGA does not, cannot, and will not provide any form of a Receipt for any Purchased Product.

5.10                Fees

5.10.1           AGA Showroom Fee

5.10.1.1     You acknowledge that the sale of Purchased Products through the AGA Showroom will automatically incur a showroom fee at a percentage (as set by AGA) of the Purchased Product cost as set by AGA. This fee may change from time to time and is available upon request from AGA office@aga.asn.au. This fee will be automatically deducted during the Stripe transaction processing when a Buyer purchases Your Active Listing. Note: this fee is only calculated on the total Purchase Product cost and not any delivery fees.

5.10.1.2     You agree to pay the AGA Showroom Fee and agree to have the AGA Showroom Fee automatically deducted during the purchase of your Purchased Products.

5.10.1.3     You acknowledge and agree that the AGA Showroom Fee is non-refundable by AGA to you and any time.

5.10.1.4     You acknowledge and agree that if you proceed with a refund to a Buyer of a Purchased Product, it is your responsibility to pay the Showroom Fee amount in full to the Buyer and will not seek compensation of this fee from AGA at any time.  

5.10.2           AGA Administration Fee

5.10.2.1     You acknowledge that an AGA Administration fee is a set fee per transaction and payable by the Buyer during the purchase transaction. See section 8 of these Terms and Conditions for more details.

5.10.3           Credit Card Fee

5.10.3.1     You acknowledge that a credit card fee is charged by Stripe and payable by you during the purchase transaction. See section 8 of these Terms and Conditions for more details.

5.10.4           Referral Fee

5.10.4.1     You acknowledge that if you choose to have external website referral options when creating a listing, an annual referral fee per listing is required.

5.10.4.2     If you agree to pay and include external website referral options for your Active Listing, you acknowledge that the Active Listing will automatically be removed from the AGA AGA Showroom exactly 1 year from when AGA receives payment, unless extended through your AGA Showroom dashboard by paying the additional applicable fees. 

5.10.4.3     You acknowledge that any referral fees payed are not refundable

5.10.4.4     You acknowledge that the annual referral fee covers 1 year from when you submit the Pending Listing for review and not when the Pending Listing is approved. 

5.11                Receiving payment for Sales (if applicable)

5.11.1           You acknowledge that all payments from Buyers for Purchased Products will be transferred to Your Stripe account.

5.11.2           You acknowledge and agree that all payments you receive will have the AGA Showroom fee automatically deducted.

5.11.3           You are responsible to ensure your Stripe account is configured correctly including but not limited to, your nominated bank account and company details. You will not hold AGA liable for any errors you have made in this regard.

5.11.4           You acknowledge that payment for any sales made through the AGA Showroom from a Buyer will be transferred to your Stripe account on not less than 30 days from the date of the purchase. You further acknowledge that in some circumstances, the transfer to your Stripe account may take up to 90 days. You agree not to hold AGA liable for any interest lost or otherwise on any held transfers/payments.

5.11.5            You acknowledge that Stripe may hold payments for a period of time in accordance with Stripe’s procedures and you agree not to hold AGA liable for any interest lost or otherwise on any held payments.

5.12                Disputes

5.12.1           You agree to handle any disputes directly with the Buyer and will not involve AGA whatsoever in any dispute. The dispute may involve, but is not limited to, the Buyer not receiving any goods, services or benefits which the Buyer believes they are entitled to, warranties, refunds, discounts, property damage during delivery of products, damage during installation or servicing etc.

5.13                Warranty

5.13.1           You acknowledge that you are solely liable and responsible for any warranty of the Purchased Product.

5.13.2           You agree and acknowledge to include accurate warranty details on your Active listing.

5.13.3           You agree and acknowledge that you are responsible for the warranty details you include on your Active Listing.

5.13.4           You acknowledge that any warranty of a Purchased Product must be processed solely between you and the Buyer of the Purchased Product.

5.13.5           You acknowledge that AGA has no authority and/or connection with regards to the warranty of the Purchased Product and will not be involved in any warranty process of any Purchased Product. 

5.13.6           You will not hold AGA liable for any reason and you will not ask AGA for any compensation as a result of the warranty process between you and the Buyer. 

5.14                Returns

5.14.1           You acknowledge that you are solely liable and responsible for any returns of a Purchased Product.

5.14.2           You agree and acknowledge to include accurate return details on Your Active listing.

5.14.3           You agree and acknowledge that you are responsible for the return details you include on Your Active Listing.

5.14.4           You acknowledge that any returns of a Purchased Product must be conducted solely between you and the Buyer of the Purchased Product.

5.14.5           You acknowledge that AGA has no authority and/or connection with regards to the supply of the Purchased Product and will not be involved in any returns process of any Purchased Product. 

5.14.6           You will not hold AGA liable for any reason and you will not ask AGA for any compensation as a result of the return process between you and the Buyer. 

5.15                Refunds

5.15.1           You acknowledge that you are solely liable and responsible for any refunds of the Purchased Product.

5.15.2           You agree and acknowledge to include accurate refund details on Your Active listing.

5.15.3           You agree and acknowledge that you are responsible for the refund details you include on Your Active Listing.

5.15.4           You agree to handle the entire refund process between you and the Buyer.

5.15.5           You acknowledge the AGA Showroom Fee, AGA Administration fee and Credit Card Fee is not refundable and if a refund is required, you must pay these costs back to the Buyer.

5.15.6           You acknowledge that any refund of a Purchased Product must payed by you to the Buyer.

5.15.7           You acknowledge and agree that AGA has no authority and/or connection with regards to the any refunds of the Purchased Product and will not be involved in any refund process of any Purchased Product. 

5.15.8           You will not hold AGA liable for any reason and you will not ask AGA for any compensation as a result of the refund process between You and the Buyer.

5.16                Messages

5.16.1           You agree to use respectful language in any of the messages you send to any of the Buyers.

5.16.2           You agree that the content of any messages you send to any of the Buyers does not contain any foul language.


6.     Termination of Your Account

 6.1                    You acknowledge that AGA may cancel, suspend and/or remove your account from the AGA Showroom for any reason and without notice. Reasons may include but are not limited to, the violation of any of these Terms and Conditions and/or the inappropriate use of the AGA Showroom. Following any such termination, AGA shall have no further obligations, responsibilities or liabilities to you.

6.2                    You acknowledge that if you cancel your AGA Showroom account or if your account is terminated by AGA, all of your Information may remain on the AGA Showroom even after your account has been cancelled.

6.3                    You acknowledge that if you cancel your AGA Showroom account or if your account is terminated by AGA, you must honour any sales or commitments made to Buyers through the AGA Showroom.

6.4                    You acknowledge that if your AGA Showroom account is suspended, cancelled or downgraded for any reason or otherwise terminated, you will not be able to use AGA Showroom functions and you may have disgruntled and/or dissatisfied customers. You will not hold AGA or any other entity responsible or liable for any action or claim for losses from any entity against you

 

7.                     Fees

The AGA Showroom includes the following fees (as applicable) with Australian Dollar amounts including GST, as displayed during the use of the AGA Showroom whereby you can choose to pay when prompted.

7.1                    The AGA Showroom fee is a percentage amount charged of the total cost of a Purchased Product to the Supplier, and does not include delivery fees.

7.2                    The listing referral fee is a set fee charged to the Supplier per Active Listing per year.

7.3                    Listing Enhancement Fees

7.3.1              The featured listing enhancement fee is a set fee charged to the Supplier per year per Active Listing.  

7.3.2              The number of views enhancement fee is a set fee charged to the Supplier per Active Listing.

7.3.3              The HTML availability enhancement fee is a set fee charged to the Supplier per Active Listing.

7.3.4              The interactive map enhancement fee is a set fee charged to the Supplier per Active Listing.

7.4                    The credit card fee is set by Stripe.

7.5                    The AGA Administration Fee is a set fee charged to the Buyer per AGA Showroom transaction.

You acknowledge that these fees may change on the AGA Showroom without notice.


8.                     Exclusions

AGA exclude all, and you agree and acknowledge that AGA exclude all:

8.1                    Warranties whether express, implied, statutory or otherwise, relating in any way to AGA Showroom or your use of the AGA Showroom.

8.2                    Liability or responsibility (including for negligence) to any user or anyone else in respect of any loss or damage (including special, indirect or consequential loss or damage such as loss of revenue, unavailability of systems or loss of data) arising from or in connection with any use of the Information on or access through the AGA Showroom for any reason whatsoever (including negligence).

8.3                    Liability or responsibility to any user or anyone else for the conduct of any subscriber or General user.

8.4                    Liability or responsibility to any user or anyone else if any subscriber does not honour the distribution of any goods, services or benefits which you believe you are entitled to.

8.5                    Liability or responsibility to any user or anyone else for any errors, mistakes, or inaccuracies of Information.

8.6                    Liability or responsibility to any user or anyone else for any personal injury or property damage, of any nature whatsoever, resulting from your access to and use of the AGA Showroom.

8.7                    Liability or responsibility to any user or anyone else for any unauthorised access to or use of the AGA Showroom servers and/or any and all personal Information and/or financial Information stored therein.

8.8                    Liability or responsibility to any user or anyone else for any interruption or cessation of transmission to or from the AGA Showroom.

8.9                    Liability or responsibility to any user or anyone else for any bugs, viruses, trojan horses, or the like which may be transmitted to or through the AGA Showroom.

8.10                Liability or responsibility to any user or anyone else for any errors or omissions in any content or for any loss or damage of any kind incurred as a result of the use of any content transmitted, posted, emailed, or otherwise made available via the AGA Showroom.

 

9.                     Privacy Policy

Please go to https://www.agashowroom.com.au/privacy-policy/ to view and read our privacy policy.

 

AGA

The Australian Gas Association Limited

66 Malcolm Road Braeside Victoria 3195

Australia