General Terms Of Use

Last updated: 8 September 2023

Welcome to Originstall. 

We’re so glad you’re here. Make yourself comfortable and have a good time, but please follow our house rules. By using any of Originstall’s services, you’re agreeing to our Terms of Use.

_______________________________________

 1. Accepting Our Terms

This document and the other documents that we reference below make up our platform rules, or what we officially call our Terms of Use (“Terms” for short).

The Terms are a legally binding contract between you and Alula Collective PTY LTD trading as Originstall.com.au. We’ll just refer to Alula Collective PTY LTD and its trading name Originstall.com.au collectively as “Originstall”.

This contract sets out your rights and responsibilities when you use Originstall. By using any of our Services (even just browsing one of our websites or apps), you’re agreeing to the Terms. If you don’t agree with the Terms, you may not use our Services. 

2. Additional Terms

All of the below policies are a part of our Terms, including this document.

3. How Originstall Works

Think of us as like that charming local Sunday market you love - only we are digital. Originstall is an online marketplace bringing together Western Australian buyers and Stallholders. With us, you can purchase unique goods directly from Western Australian Stallholders 24/7. 

It is important to understand that by using Originstall:

• Originstall provides marketing services. We provide marketing services through our venue (marketplace platform) to third party WA brands (Stallholders) so they can advertise their products and services directly to customers (Buyers).

• Buyers are purchasing directly from the Stallholder not Originstall. Originstall does not manufacture goods, hold inventory or deliver items on behalf of Stallholders.

• Originstall receives a referral commission on each transaction for marketing Stallholders and uniting them with Buyers. This goes towards the cost of running our platform.

• Each stallholder on Originstall controls their own listings, pricing, processing times, delivery methods, and terms such as cancellations and returns. It’s important to read the Stallholders terms and to ask Stallholders lots of questions if anything is unclear before purchasing. 

• Originstall screens Stallholders and listings on Originstall. Originstall does not guarantee or endorse any items sold on Originstall or any content posted by Stallholders (such as photographs, language used in listings or shop policies). Stallholders are responsible for their content, advertising and business activities comply with all applicable laws and regulations.

• Originstall facilitates the transfer of money between Buyer and Stallholder to make transactions safer from fraud. Payments can be made by bank transfer or via global payment experts Stripe. This keeps Buyers, Stallholders and Originstall safer from fraud. Originstall doesn't see or hold any credit card data.

• We want everyone to have a positive experience, so we set a list of terms and conditions to use our platform. If you have any concerns, then check out out further help centre for details on what to do.

• Originstall is not liable for any damages or claims arising out of, or in relation to, any products or services or content (including pricing and product information) provided by the Stallholder. 

 4. Your Account With Originstall

General 

You’ll need to create an account with Originstall to use some of our Services. Here are a few rules about accounts with Originstall:

• You must be 18 years or older to use our Services. Minors under 18 are only permitted to use our Services through an account owned by a parent or legal guardian with their appropriate permission and under their direct supervision. You are responsible for any and all account activity conducted by a minor on your account. All billing and payment information must belong to the parent or legal guardian responsible for the account. There may be commercial products or services available that you may want to limit a minor's access to. 

• Be honest with us. Provide accurate information about yourself. It’s prohibited to use false information or impersonate another person or company through your account.

• Choose an appropriate name. If you decide to not have your full name serve as the name associated with your account, you may not use language that is offensive, vulgar, infringes someone’s intellectual property rights, or otherwise violates the Terms.

• You're responsible for your account. You’re solely responsible for any activity on your account. If you’re sharing an account with other people, then the person whose financial information is on the account will ultimately be responsible for all activity. If you’re registering as a business entity, you personally guarantee that you have the authority to agree to the Terms on behalf of the business. Also, your accounts are not transferable.

• Protect your password. As we mentioned above, you’re solely responsible for any activity on your account, so it’s important to keep your account password secure. 

• Let's be clear about our relationship. These Terms don't create any agency, partnership, joint venture, employment, or franchisee relationship between you and Originstall.

• You must have an account in order to appeal an action by Originstall.

Originstall may make changes to onboarding or authentication processes for accounts at our sole discretion. Completion of these processes may be required for account activation or continued access and usage.

Purchasing Transactions 

When a Buyer purchases an item(s) from a Stallholder on Originstall, The Buyer is directly supporting an independent business, each with its unique listings, policies, and processing times. By making a purchase from a Stallholder on Originstall, Buyers agree that they have:

• Read the listing description and Stallholder policies before making a purchase

• Submitted appropriate payment for item(s) purchased; and

• Provided accurate delivery information to the Stallholder.

For the safety of our community and to avoid scams and fraud, all transactions must take place through the Originstall checkout system. We can’t assist with any payments issues made outside of Originstall. 

When purchasing an item(s) from Stallholders, Buyers are required to use pay by bank transfer to Originstall or using our third party payment service “Stripe”. By using Stripe you are also subject to Stripes terms of service - https://stripe.com/au/legal . 

It is prohibited to share contact information for the purposes of evading the checkout system on Originstall. Any action by a Buyer or Stallholder to avoid paying a fee is considered fee avoidance and is strictly prohibited by Originstall. This includes, for example, encouraging Buyers to purchase an item in a Stallholder's own website shop. A transaction initiated on Originstall may not be completed off of Originstall. 

5.  Interactions With Others

We want everyone on Originstall to feel safe and our priority is fostering an inclusive community environment.

Contact

You may not used any Originstall, Buyer or Stallholder contact methods for the following activities:

• Sending unsolicited advertising or promotions, requests for donations or spam;

• Harassing or abusing another member or otherwise violating our Anti-Discrimination Policy

• Contacting someone after they have explicitly asked you not to

• Interfering with a transaction or the business of another member.

• Exchanging personal contact, financial or other information for the purposes of evading the checkout process on Originstall, including phone number, address, email, social media handles, external URLs, instructions for money transfer, etc.

Always use caution when exchanging any personal information which is not strictly necessary for the completion of a transaction.

Interference

Interference occurs when a member intentionally interferes to drive away sales or sabotage a Stallholders business activity. Interference is strictly prohibited on Originstall. Examples of interference include:

• Contacting others to warn them away from a particular member, Stallholder, or item

• Posting in public areas to demonstrate or discuss a dispute with another member

• Purchasing from a Stallholder for the sole purpose of leaving a negative review

Reviews

When a buyer completes a purchase, they get the chance to share their experience and rate it. Buyers can leave a written review, including a one to five star rating and a photographs. These reviews will be publicly displayed on the listings or Stallholder page. Buyers can edit their review after it's published.

Obligations

In addition to our rules for Creating and Uploading Content, Buyer reviews and a Stallholders response to reviews may not :

• Contain graphic, mature, or obscene language or imagery, or any content that is subject to our mature content policy

• Be about things outside the Stallholders control, such as a delivery company, Originstall or a third party

• Include deception or otherwise falsely inflate a shop’s review score

• Undermine the integrity of the Reviews system

• Breach out other terms (such as interactions with others)

On the rare occasion a Stallholder receives an unfavourable review, The Stallholder can reach out to the Buyer to resolve or respond to the issue. But Stallholders are not permitted to pressure a buyer into changing their review.

Stallholders and Buyers may report reviews that violate our Terms of Use. We reserve the right to remove reviews, videos, or photographs that violate our policies.

6. Your Content

Content that you post using our Services is your content (so let’s refer to it as “Your Content”). We don’t make any claim to it, which includes anything you post using our Services (like Stallholder names, Buyer names, profile pictures, listing photos, listing descriptions, reviews, comments, videos, usernames, etc.).

In order to keep our community safe and respectful, you agree that you will not upload content that violates our Prohibited Content Policy.

In addition by using our services you agree:

• Responsibility for Your Content: You understand that you are solely responsible for Your Content. You represent that you have all necessary rights to all parts of Your Content and that you’re not infringing or violating any third party’s rights by posting it.

• Permission to Use Your Content: By posting Your Content through our Services, you grant Originstall and, as authorised by Originstall in its sole discretion, third parties, a licence to use it. We don’t claim any ownership to Your Content, but we have your permission to use it to help Originstall function and grow. That way, we won’t infringe any rights you have in Your Content and we can help promote it.

• Rights You Grant Originstall (The legal version of the above bullet points): By posting Your Content, you grant Originstall and, as authorised by Originstall in its sole discretion, third parties, a non-exclusive, worldwide, royalty-free, irrevocable, sub-licensable, perpetual licence to use, display, edit, modify, reproduce, distribute, store, and prepare derivative works of Your Content. This allows us to provide the Services and to promote Originstall, your Originstall shop, other shops and listings, or the Services in general, in any formats and through any channels, including across any Originstall Services, our partners, or third-party website or advertising medium. You agree not to assert any moral rights or rights of publicity against us for using Your Content. You also recognise our legitimate interest in using it, in accordance with the scope of this licence, to the extent Your Content contains any personal information.

• Reporting Unauthorised Content: Originstall has great respect for intellectual property rights, and is committed to following appropriate legal procedures to remove infringing content from the Services. If content that you own or have rights to has been posted to the Services without your permission and you want it removed, please follow the steps listed in our Intellectual Property Policy. If Your Content is alleged to infringe another person’s intellectual property, we will take appropriate action, such as disabling it if we receive a report of infringement that complies with our policies, or terminating your account if you are found to be a repeat infringer. We’ll notify you if any of that happens.

• Inappropriate, False, or Misleading Content: This should be common sense, but there are certain types of content we don’t want posted on Originstall’s Services (for legal reasons or otherwise). You agree that you will not post any content that is abusive, threatening, defamatory, obscene, vulgar, or otherwise offensive or in violation of our Prohibited Content Policy, Community Policy, or any part of our Terms of Use. You also agree not to post any content that is false and misleading or uses the Services in a manner that is fraudulent or deceptive. 

7. Use of Our Services

We grant you a limited, non-exclusive, non-transferable, and revocable licence to use our Services, subject to the our Terms and the following restrictions in particular:

• Don’t Use Our Services To Break The Law: This should be common sense, but don’t use our services to break the law.  You agree that you will not violate any laws in connection with your use of the Services. This includes any local, state, federal, and international laws that may apply to you. 

  For example:

  It’s your responsibility to obtain any permits or licences that your Stall requires, and to meet applicable legal requirements in applicable jurisdiction(s). This includes the sale and delivery of your items, such as age verification upon delivery, where required by law. 

  You may not sell anything that violates any laws and you may not engage in fraud (including false claims or infringement notices), theft, anti-competitive conduct, threatening conduct, or any other unlawful acts or crimes against Originstall, another Originstall user, or a third party.

  You agree that you will not post any content that is abusive, threatening, defamatory, obscene, vulgar, or otherwise offensive or in violation of our Prohibited Content Policy, Community Policy, or any part of our Terms. You also agree not to post any content that is false and misleading or uses the Services in a manner that is fraudulent or deceptive.

• Pay Your Bills: You are responsible for paying all fees that you owe to Originstall. Except as set forth below, you are also solely responsible for collecting and/or paying any applicable taxes for any purchases or sales you make through our Services. 

  Your fees, bills, taxes, and how you can pay them are fully explained in our Fees & Payments Policy.

• Don’t Steal Our Stuff: You agree not to crawl, scrape, or spider any page of the Services or to reverse engineer or attempt to obtain the source code of the Services (including both Originstall Intellectual Property and Stallholder Content) without our express permission. 

• Don’t Try to Harm Our Systems: You agree not to interfere with or try to disrupt our Services, for example by distributing a virus, excessive requests to our site or platform, or other harmful computer code.

• Follow Our Trademark Policy: The name "Originstall" and the other Originstall marks, phrases, logos, and designs that we use in connection with our Services (the Originstall Trademarks), are trademarks, service marks, or trade dress of Originstall. If you’d like to use our trademarks, you agree to follow our Trademark Policy

• Share Your Ideas: We love your suggestions and ideas! They can help us improve your experience and our Services. Any ideas or other materials you submit to Originstall (not including Your Content or items you sell through our Services) are considered non-confidential and non-proprietary to you. You grant us a non-exclusive, worldwide, royalty-free, irrevocable, sub-licensable, perpetual licence to use and publish those ideas and materials for any purpose, without compensation to you.

• Talk to Us Online: From time to time, Originstall will provide you with certain legal information in writing. By using our Services, you’re agreeing to our Electronic Communications Policy, which describes how we provide that information to you. It says that we can send you information electronically (such as by email) instead of mailing you paper copies (it’s better for the environment), and that your electronic agreement is the same as your signature on paper.

8. Cancellation & Returns

For full terms, read our Aftercare Policy as these form part of our Terms of Use.

9. Privacy

For full terms, read our Privacy Policy as these form part of our Terms of Use.

10. Termination

If you or Originstall terminate your account, you may lose any information associated with your account, including Your Content.

• Termination By You: We'd hate to see you go, but you may terminate your account with Originstall at any time from your account settings. Terminating your account will not affect the availability of some of Your Content that you posted through the Services prior to termination. Oh, and you’ll still have to pay any outstanding bills.

• Termination By Originstal: We may terminate or suspend your account (and any accounts Originstall determines are related to your account) and your access to the Services should we have reason to believe you, your Content, or your use of the Services violate our Terms. If we do so, it’s important to understand that you don’t have a contractual or legal right to continue to use our Services, for example, to sell or buy on our websites or mobile apps. Generally, Originstall will notify you that your account has been terminated or suspended, unless you’ve repeatedly violated our Terms or we have legal or regulatory reasons preventing us from notifying you. 

• We May Discontinue the Services: Originstall reserves the right to change, suspend, or discontinue any of the Services for you, any or all users, at any time, for any reason, including those laid out in Originstall’s policies under these Terms of Use. We will not be liable to you for the effect that any changes to the Services may have on you, including your income or your ability to generate revenue through the Services.

• Survival: The Terms will remain in effect even after your access to the Service is terminated, or your use of the Service ends.

11. Warranties & Limitation of Liability 

(or the Things You Can’t Sue Us For)

• Items You Purchase: You understand that Originstall does not manufacture, store, or inspect any of the listings sold through our Services. We provide the venue (a marketplace platform); the listings on our marketplace are produced, listed, and sold directly by independent Stallholders, so Originstall cannot and does not make any warranties about their quality, safety, authenticity or their legality. Any legal claim related to a purchase must be brought directly against the Stallholder of the listing. You release Originstall from any claims related to items sold through our Services, including for defective items, misrepresentations by Stallholders, or items that caused physical injury (like product liability claims).

• Content You Access: You may come across materials that you find offensive or inappropriate while using our Services. We make no representations concerning any content posted by users through the Services. Originstall is not responsible for the accuracy, copyright compliance, legality, or decency of content posted by users that you accessed through the Services. You release us from all liability relating to that content.

• People You Interact With: You can use the Services to interact with other individuals, either online or in person. However, you understand that we do not screen users of our Services other than to meet certain compliance and legal obligations, and you release us from all liability relating to your interactions with other users. Please be careful and exercise caution and good judgement in all interactions with others, especially if you offering pick up collection. See our Pick Up advice here for safety tips.

• Third-Party Services: Our Services may contain links to third-party websites or services that we don’t own or control (for example, links to Facebook, Twitter and Pinterest). You may also need to use a third party’s product or service in order to use some of our Services (like a compatible mobile device to use our mobile apps). When you access these third-party services, you do so at your own risk. The third parties may require you to accept their own terms of use. Originstall is not a party to those agreements; they are solely between you and the third party.

• Warranties: Originstall is dedicated to making our services the best they can be, but we’re not perfect and sometimes things can go wrong. you understand that our services are provided “as is'' and "as available" without any kind of warranty (express or implied). We are expressly disclaiming any warranties of title, non-infringement, merchantability, and fitness for a particular purpose, as well as any warranties implied by a course of performance, course of dealing, or usage of trade.

  We do not guarantee that: (i) the services will be secure or available at any particular time or location; (ii) any defects or errors will be corrected; (iii) the services will be free of viruses or other harmful materials; or (iv) the results of using the services will meet your expectations. you use the services solely at your own risk. 

• Liability Limits: To the fullest extent permitted by law, neither originstall (nor its officers, directors, employees, agents, subsidiaries, partners, or affiliates) shall be liable to you for any lost profits or revenues, or for any consequential, incidental, indirect, special, or punitive damages arising out of or in connection with the services or these terms. In no event shall Originstall’s aggregate liability for any damages exceed the greater of: (a) $100, (b) the amount you paid Originstall in fees in the past 12 months prior to any action giving rise to the liability 

12. Indemnification  

(and What Happens If You Get Us Sued)

We hope this never happens, but if Originstall gets sued or receives a claim, notice, or demand because of something that you did (or failed to do), you agree to defend and indemnify us. That means, without limitation, you’ll defend, reimburse, compensate, and hold Originstall (including any of our employees, officers, directors, agents, subsidiaries, and affiliates) harmless from any allegation, claim, demand, lawsuit, loss, liability, or expense of any kind (including reasonable lawyer’s fees) that arises from your actions, your use (or misuse) of our Services, your breach of the Terms, items you buy or sell through the Services, and/or your actual or alleged violation of any law or any third party’s rights. We reserve the right to handle our legal defence however we see fit, even if you are indemnifying us, in which case you agree to cooperate with us so we can execute our strategy.

13. Reporting & Problems 

We're committed to maintaining the integrity of our platform and want to ensure a safe and respectful trading environment for everyone. If you need Originstalls assistance with an issue the click to view our guide on how we can help:

For full terms, read our Assistance with an Issue policy as these form part of our Terms of Use.

14. Some Finer Legal Points

The Terms, including all of the policies that make up the Terms, supersede any other agreement between you and Originstall regarding the Services. If any part of the Terms is found to be invalid or unenforceable, that part will be limited to the minimum extent necessary and severed so that the Terms will otherwise remain in full force and effect. Our failure to enforce any part of the Terms is not a waiver of our right to later enforce that or any other part of the Terms. We may assign any of our rights and obligations under the Terms.

15. Changes To These Terms

We may update these Terms from time to time, including by adding entirely new terms and deleting existing terms. It is your responsibility to regularly check these Terms for any variations.

Your use of the Services after the effective date of the changes constitutes your acceptance of the updated Terms. If you do not agree with the changes, you may close your account.

16. Contact Information

If you have any questions, please contact us using the feedback form on our website.

17. Additional Information

The below documents make up our platform rules, or what we officially call our Terms of Use. (the “Terms” for short). Be sure to read the ones that are relevant for you.