Terms and Conditions

Introduction

The following terms and conditions apply when you use of our platform Oziway.com and any corresponding websites used for publication of items added by Sellers, currently these include:

- ar.oziway.com
- oziway.at
- oziway.com.au
- bd.oziway.com
- oziway.be
- bo.oziway.com
- oziway.com.br
- bw.oziway.com
- oziway.by
- oziway.com
- oziway.com.co
- cd.oziway.com
- cl.oziway.com
- cm.oziway.com
- oziway.com.cn
- cr.oziway.com
- cu.oziway.com
- oziway.cz
- oziway.de
- oziway.dk
- do.oziway.com
- ec.oziway.com
- eg.oziway.com
- oziway.es
- et.oziway.com
- oziway.fr
- gh.oziway.com
- gm.oziway.com
- oziway.gr
- gt.oziway.com
- hk.oziway.com
- hn.oziway.com
- oziway.id
- oziway.in
- oziway.it
- ke.oziway.com
- oziway.kr
- lr.oziway.com
- ls.oziway.com
- mw.oziway.com
- oziway.com.mx
- na.oziway.com
- ng.oziway.com
- ni.oziway.com
- oziway.net
- oziway.nl
- pa.oziway.com
- pe.oziway.com
- pk.oziway.com
- oziway.pl
- oziway.pro
- oziway.ro
- oziway.ru
- sd.oziway.com
- oziway.si
- oziway.sk
- ss.oziway.com
- sv.oziway.com
- oziway.com.ua
- ug.oziway.com
- oziway.co.uk
- oziway.us
- uy.oziway.com
- ve.oziway.com
- za.oziway.com
- zw.oziway.com
- Oziway Network mobile app (Appstore and Google PlayStore)

By accessing or using our websites in any way, you agree to be bound by our contract below

This contract describes the Terms and Conditions applicable to the use of the services offered by Oziway within the sites mentioned above. Any person acting on their own behalf or on behalf of a legal entity who wishes to access and / or use the sites or services may do so subject to these Terms and Conditions, together with all other policies and documents that govern Oziway which are incorporated by reference.

The User must read, understand and accept all the conditions established in the Terms and Conditions and in the Privacy Policies, as well as in any other documents incorporated or linked therein by reference, prior to their registration as a User of our services.

The Services are only available to people who have legal capacity to contract. Persons who do not have this capacity, minors or Users of Oziway who have been temporarily suspended or permanently disabled may not use the services. If you are registering a User as a Company, you must have the capacity to contract on behalf of such an entity and to bind it under the terms of this Agreement.

ANY PERSON THAT DOES NOT ACCEPT THESE TERMS AND CONDITIONS OR OTHER INCORPORATED DOCUMENTS BY REFERENCE, WHICH HAVE AN OBLIGATORY AND BINDING NATURE, SHALL REFRAIN FROM USING OUR WEBSITES AND / OR SERVICES.

1. Definitions

1.1. “you” and “your” and “yours” are references to you the person accessing our websites.

1.2. “Oziway”, “We”, “Us”, are references to Oziway Australia, Queensland, Australia (ABN: 53 604 437 787). Email address: [email protected]

1.3. “Chosen Payment Operator” are references to Oziway (China) Limited, Room 705, Lingnan Road 85, Foshan City, Guangdong, China. This entity is responsible for accepting payments from buyers, and fulfilling withdrawal requests from Buyers (for payments for their items) and from Promoters (for the earned commissions)

1.4. Item is a Product or Service or General Information added by the User (Seller) for publication on the Oziway platform

1.5. Seller is the User adding for publishing on the Oziway Platform an Item (Product or Service or General Information), the item will be published on the Oziway Platform for all Users to see.

1.6. The Seller of the item whose contact details are displayed on the “Seller Details” tab of the item page, is the entity responsible for the completion transaction, and takes on the full responsibility for the fulfillment of the transaction. The Seller is bound by a sales contract with the Buyer and takes on all the responsibilities that go along with such a contract

1.7. The word “Wallet” refers to the electronic wallet used for payments and payouts in the Oziway martketplace, sometimes also referred to as “E-Wallet”. The wallet is filled with funds (commissions for promotion and money from sales) and the funds will be available for withdrawal by the User to bank account, WeChat, PayPal or Western Union.

1.8. because the platform is operated by an Australian Entity (platform) and a Chinese Entity (payment platform), and used by a Seller, Buyer and Promoters which might all reside in different countries, the word “law” means the combined current legislation or law in Australia, China, and the country of the Seller, Buyer and Promoter (involved in promoting the transaction). For example, the phrase prohibited by law means that if an item or transaction is prohibited in any of the above countries, it is prohibited on the Oziway platform.

1.9. A Buyer is the User which decides to buy a published product/service or respond to a product/service demand on the platform. Oziway is a platform that allows users to add items, sell and buy just about anything in a variety of currencies and locations. The actual contract for sale is directly between the Seller and Buyer

2. Our Websites

2.1. The information, content and material available on these websites will vary from time to time without notice to you. This is because the Websites are a marketplace where Sellers continuously add Products and Services and where they can also add information about their needs for Business contacts)

2.2. The information available on the websites will also vary from time to time without notice, because we make the changes to ensure that the website is as up to date and functional as possible

2.3. The websites comprise of:

- i) oziway.com - the main landing page of the shop consumers as well as Sellers and Promoters. On Oziway.com after login, there is the Dashboard used by Sellers to post products, and by Promoters to enable and optimize their online Websites.
- ii) national shop website front pages, like oziway.com.au - the shop interface for Australian Customers, oziway.com.cn for Chinese customers and so on (different countries have different domains).
- iii) oziway.com/network/ - The business dashboard for Sellers and Promoters
- iv) Oziway Network mobile app (Appstore and Google PlayStore)

2.4. More information about how these websites work, is available under the Help link at the bottom of this page

2.5. We aim to have the websites available at all times, however, we cannot guarantee this or that it will be error free and we cannot accept liability for any issues that this may cause

2.6. You must not interfere with the working of our websites nor must you circumvent security on the site, tamper with, or hack into, or otherwise attempt to disrupt our computer system, server, website, router or any other internet connected device or service. You must not use the website to gain unauthorized access to any other computer system or website

2.7. Our website is intended for your personal or commercial use only (which must be reasonable and not offensive, abusive or in breach of any law or order). You are not permitted to access, use or copy any material or information on this website for any unlawful purpose

2.8. You are not allowed to use any device or software, or other means to interfere in the activities and operations of Oziway or with the published items, descriptions, accounts or databases of Oziway. Any interference, attempt or activity that violates or contravenes the laws on intellectual property rights and / or the prohibitions stipulated in this contract will make the responsible party liable for the pertinent legal actions, and the sanctions provided for in this agreement, as well as responsible to indemnify the damages caused.

3. Registration and Information About You

3.1. Where we have requested information from you, you agree to provide us with accurate and complete information.

3.2. It is mandatory to complete the registration form in all its fields with valid data in order to use the services provided by Oziway. The future User must complete it with their personal information in an exact, accurate and true manner (Personal Data) and assumes the commitment to update the Personal Data as necessary. Oziway may use various means to identify its Users, but Oziway is not responsible for the accuracy of the Personal Data provided by its Users. The Users guarantee the accuracy, validity and authenticity of the Personal Data entered

3.3. At its sole discretion, OZIWAY may require additional registration data for Users operating as car dealers or real estate agents

3.4. Oziway reserves the right to request proof of identity and / or additional data in order to process the Personal Data, as well as temporarily or permanently suspend those Users whose data could not be confirmed. In these cases of disqualification, all published articles, items and messages will be removed, without generating any right to compensation

3.5. The User will access his personal account by entering his login and chosen personal password. The User undertakes to maintain the confidentiality of his password

3.6. The Account is personal, unique and non-transferable, and it is forbidden for the same User to register or own more than one Account. In case Oziway detects different Accounts that contain matching or related data, we may cancel, suspend or disable those accounts without prior notice

3.7. The User will be responsible for all the operations carried out on his Account, since access to it is restricted to the entry and use of a password, known only to the User. The User agrees to notify Oziway immediately, of any unauthorized use of their Account, as well as the entry by unauthorized third parties to it. This does not prevent the User from being responsible for the operations that are carried out from their Account

3.8. The sale, assignment or transfer of the Account (including reputation and qualifications) is prohibited for any reason

3.9. Oziway reserves the right to reject any application for registration or to cancel a previously accepted registration, without being obliged to communicate or explain the reasons for its decision and without this generating any right to any compensation

3.10. You authorize us to use, store or otherwise process your Personal Information in order to allow us, or third parties, to provide goods and services to you and for marketing purposes. The purpose may include the disclosure of your personal information to selected third parties where we believe that the goods or services offered by such third parties may be of interest to you or where this is required by law or in order to provide the goods or service to you. An example of this is providing Your personal information to the Seller who needs to send you the ordered Product, or to the transport company that needs to deliver those goods to your address

3.11. You are entitled to view and modify the personal information we hold on you. This is available in the Business Dashboard.

3.12. We are not responsible for the improper use of your Personal Information made by these third parties like Service providers or Product suppliers. In some cases, these third parties will collect information directly from the user.

3.13. In the event that you provide, in your own initiative, additional information to said third parties directly, such parties will use this information in accordance with their own privacy policies

3.14. More information about how we handle your information can be found here: https://oziway.com/privacy/

4. For Buyers

4.1. A Buyer will make purchase offers for products and contracting offers for services

4.2. The Buyer is obligated to try to contact the Seller and complete the transaction if they have made an offer for a published item, unless the operation is prohibited by law or the Terms and Conditions and other policies of Oziway, in which case the Buyer will not be obliged to proceed with the transaction

4.3. When making an offer for an item the Buyer agrees to be bound by the conditions of sale included in the description of the article to the extent that they do not violate the laws or the Terms and Conditions and other policies of Oziway. The offer of purchase is irrevocable except in exceptional circumstances, such as that the Seller substantially changes the description or price of the article after an offer is made, that there is a clear typographical error, or that the Buyer can not verify the identity of the Seller

4.4. The purchase offers will only be considered valid, once they have been processed by the computer system of Oziway

4.5. As established by current tax regulations, the buyer must demand an invoice or receipt from the Seller as proof of purchase. The Seller is not obligated to issue an invoice or receipt only in the case of an individual who makes occasional sales

4.6. Please take note who you are buying from. You are buying from an external entity, whose contact details are displayed on the Seller Information page of the published item. We are a marketplace publishing items added by Sellers. When you decide to buy, you enter into a legally binding contract with the Seller to purchase an item when you commit to buy the item

4.7. You are responsible for reading the full offer description before making a commitment to buy a Product or Service

4.8. Oziway does not transfer legal ownership of items from the Seller to the Buyer

4.9. By choosing Sellers with best opinion history, you are increasing your chances of positive transaction experience

4.10. There is a possibility of an unsuccessful transaction. This is because there might be a Seller which will not respect the transaction terms. For this reason, unless you know who you are buying from (from previous experience), we ask you to take all necessary precautions that you would normally take when purchasing from an unknown partner. Additionally, report dispute cases to us using the form on the Contact Page, link is at the bottom of this page so we can take appropriate action in solving your transaction dispute

4.11. While we may help in the resolution of disputes through various procedures, Oziway has no control over and does not guarantee the existence, quality, safety or legality of items advertised; the truth or accuracy of user's content or listings; the ability of Sellers to sell items; or that a Seller will actually complete a transaction

4.12. In order to increase safety for all parties, we make our best efforts to ensure that transactions are successfully fulfilled. We offer ways to report by Sellers and Buyers any bad experiences that they might have while buying or selling on Oziway. These opinions are then publicly available for others to see. Because accounts are verified when they are setup, it will be difficult for a dishonest User to setup a second account

4.13. By choosing the Online Payment option during the transaction, you are increasing the chance of a successful User experience. We use a Chosen Payment Operator to process the payments, and pay to the Seller once we receive confirmation from the Buyer that the item has arrived. If no confirmation is received within 7 days of the intended date of the transaction finalization, the transaction is assumed as complete and the payment is forwarded to the Seller

5. Return Policy AND Refund Policy.

5.1. If you as a Buyer need to Return the Product or Service, please contact the Seller that You purchased the item from. Contact information to them is available on the offer page, or in the My Orders dashboard (go into the details of the order to see Seller contact information)

In most cases:

5.2. We respect the standard Warranty conditions in your country, and require Seller to do so also, under a set of conditions outlined below:

Generally this means:

5.3. After a refund is agreed on, you will receive a credit to your Oziway Wallet balance for the price of the product (excluding any transport, tax or customs fees that may arise while the product is shipped from or back to us). This credit can be used to make another purchase, or to request a withdraw to your personal bank account, Wechat, PayPal or via Western Union

5.4. Please note that in most cases, warranty does not cover normal use of the product (wear and tear).

5.5. In order to start the refund procedure, you will need to return the Product (in the same condition you received it, in the original packaging, with the original receipt) at your own cost to the address of the Seller where the product will undergo a qualification analysis.

5.6. Upon a successful qualification for a refund, the credit will be added to your Wallet balance by the Seller

5.7. If there are any issues with the qualification, the Seller should contact you to get more information and to continue the qualification process

6. For Sellers

The acceptance of these regulations obliges Sellers to fully comply with and compensate for occasional damages due to their non-observance or neglect, which will be their responsibility

Therefore Oziway expects Sellers to consistently provide a service that provides a high level of satisfaction to the Buyer. This includes setting the expectations of the Buyer and meeting them, offering excellent customer service from start to finish

6.1. The User must add items to be published, in the appropriate categories and subcategories

6.2. Publications may include descriptive texts, graphics, photographs and other content and conditions relevant to the sale of the item or the contracting of the service, provided that they do not violate any provision of this Agreement or other policies of Oziway

6.3. The item offered by the Seller must be exactly described in terms of its relevant conditions and characteristics. OZIWAY may remove any publication whose description does not match the product offered

6.4. It is understood and presumed that by added the offer on Oziway, the Seller accepts that they have the intention and the right to publish the item, or are authorized to do so by its owner and have them available for the immediate delivery or service (unless described otherwise on the item page)

6.5. It is established that the prices of the published items must be expressed with appropriate GST or VAT tax when applicable, and in legal tender currency

6.6. Oziway may remove any published item whose price is not expressed in this way to avoid confusion or misunderstanding regarding the final price of the offer

6.7. In the event that any of the provisions set forth in the clauses 6.1, 6.2, 6.3, 6.4, 6.5, 6.6 are violated, Oziway may edit the offer, request the Seller to edit it, or cancel the publication where the infringement is found

6.8. Inclusion of images and photographs. The user can include images and photographs of the published item as long as they correspond to the item, except in the case of goods or products or services that by their nature do not allow this publishing. The Seller declares and guarantees that they are authorized to include the images and photographs contained in the publications, being responsible for any infringement of the rights of third parties

6.9. Oziway may prevent the publication of the photograph, and even of the offer, if it interprets, in its sole discretion, that the image does not comply with these Terms and Conditions

6.10. The User grants Oziway a free and unlimited authorization to publish and / or adapt the images included in its publications for the purpose of product classification in all its sites, social networks and / or by any means that Oziway uses for its communication

6.11. It is expressly established that no description may contain personal or contact information, such as, and not limited to, telephone numbers, e-mail address, postal address, Internet page addresses containing data such as those mentioned above. In the event that any of the provisions established in this clause are violated, Oziway may edit the offer, request the Seller to edit it, or delete the offer where the violation is found

6.12. Prohibited Items. Only those whose sale is not expressly prohibited in the Terms and Conditions and other policies of Oziway or by current law, may be published on Oziway

6.13. The Seller User must have the legal capacity to sell the published item

6.14. If the Seller has received an offer of purchase from a Buyer for the price that was set in the offer, he is obligated to try to communicate with the buyer and complete the transaction with the Buyer who made the offer. Only in exceptional cases the Seller may void the sale, such as when he has not been able to agree with the Buyer on the form of payment, delivery or it is not possible to verify the true identity, address or other important information of the Buyer.

6.15. Oziway will have the right to offer the Online Payment method differently to those Sellers which have been verified by Oziway. For a Verified Seller (who sends formal documents proving their business operations), items published with Online Payment will be made available instantly. For other Sellers (not verified), Items will need to be verified by Oziway before they are published. For Offline payment items, all are published instantly irrespective of whether the Seller has been verified or not

6.16. Oziway will have the right to require, according to the criteria it deems appropriate, that certain Sellers only advertise their goods or services on the platform through the use of Online Payment or, certain Item categories are only available through the use of Online Payment, and within a certain level of commission (for example downloadable digital products), for the quicker collection of the fees and distribution of the commissions.

6.17. Given that Oziway is