About Jungle Online Marketplace
- Welcome to the ‘Website’ www.jungle.com.pg (Jungle Online Marketplace). Jungle Online Marketplace facilitates interactions between:
(a) the ‘Customer’; and
(b) the ‘Vendor’
making it easier for the Customer and the Vendor to locate, communicate, arrange payment and deliver the services in a fast and secure manner (the 'Services').
- The Website is operated by Jungle Online Marketplace. Access to and use of the Website, or any of its associated products or Services, is provided by Jungle Online Marketplace. Please read these terms and conditions (the 'Terms') carefully. By using, browsing and/or reading the Website, this signifies that you have read, understood and agree to be bound by the Terms. If you do not agree with the Terms, you must cease usage of the Website, or any of its products or Services, immediately.
- Jungle Online Marketplace reserves the right to review and change any of the Terms by updating this page at its sole discretion. When Jungle Online Marketplace updates the Terms, it will use reasonable endeavours to provide you with notice of updates of the Terms. Any changes to the Terms take immediate effect from the date of their publication. Before you continue, we recommend you keep a copy of the Terms for your records.
Acceptance and contract
You accept the Terms by registering for the Services (as a Customer or a Vendor) and/or making any payment as required under the Terms for use of the Services. If you use Website, you expressly acknowledge and agree to be bound by the Agreement, and any future amendments and additions to the Agreement that may be published fom time to time. You may also accept the Terms by clicking to accept or agree to the Terms where this option is made available to you by Jungle Online Marketplace in the user interface.
You understand the Website is only an online digital environment in which a Customer and Vendor may connect and form a contract between themselves for the purchase and supply of goods or services and whereby Jungle Online Marketplace facilitates delivery services.
Where there are any inconsistences between the terms of the Agreement and the content contained on the Website, the terms of the Agreement shall prevail.
What we do
- Provide the Website to Customers and Vendors;
- Maintain, provide hosting and may provide Other Services as offered from time to time;
- Collect and use all Information in accordance with our Policies;
- Use Information for a Lawful Purpose with you or other Lawful Recipients in our operation of the Website or associated trade or commerce.
What we do not do
We do not:
- Provide mediation, resolution or adjudication services;
- Assist with respect to integration with or otherwise relate to platforms, applications or services of Third Parties;
- Supply the goods or services unless we are registered as a vendor;
- Verify the goods or services, provide any service which would inspect or warrant any goods or services;
- Provide advocacy services for a person, for example, by assisting in a claim for damages, compensation from a Vendor, Customer or other person or other action which requires us to represent or support a Customer or another person in a dispute.
Vendors or Customers must not engage in any trade, commerce or other conduct which might be considered unethical, irresponsible, illegal, unlawful or might damage the reputation of us or our affiliates (“Unethical Behaviour”).
Without limitation, examples of Unethical Behaviour includes:
- Money laundering
- Engaging in trade which violates a sanction or restriction on trade or commerce between two countries or regions
- Offering discounts, incentives or seeking to obtain a benefit from engaging in trade or commerce in a manner which avoids paying Fees or Charges that would be otherwise payable to us
- Spamming, cold calling, harassing or otherwise inappropriately engaging in inappropriate selling or trade tactics
- Misdescribing goods or services
- Misleading pricing of goods or services
- Using bait advertising
- Mistreating employees or engaging in wage theft, slavery, modern slavery, sexual harassment or other unethical practices against a person
- Bribing or seeking to bribe persons or providing or offering facilitation payments to people
- Receiving secret commissions
- Taking advantage or seeking to take advantage of a vulnerable person
- Infringing on the rights of persons without their consent
- Engaging in acts of omissions in a manner to cause loss, damage or injury to anyone
- Acting capriciously or maliciously
- Engaging in price hikes
- Artificially increasing the price of goods or services prior to a discount or sale
- Shipping goods which are not appropriate to be shipped
- Offer product comparisons or pricing which might mislead Customers
- Imposing unreasonable terms and conditions or terms and conditions which disproportionately impact a Customer
- Selling spurious products and/or products you do not have;
- Behaviour which a reasonable person would consider to be an unethical business practice or instance of behaviour
- For products on backorder, selling items without prior informing the customer that items are on backorder, and the expected delay for dispatch
- Selling items at an inflated price
- Representing that you are associated with Us, without our consent
- Seeking to sell items where you do not have an active Vendor Account
- Selling goods which you cannot lawfully sell, including for example, unlawful items, seized items, items held up by government, items which do not meet labelling laws, stolen goods or goods or the true legal owner is either not known or not capable of being proven etc
- Selling perishable goods which may reasonably pass their use by date within 6 months of date of dispatch
- Selling goods which are defective, damaged, not fit for purpose or have voided or expired warranty
Use of Website
Vendors and Customers must ensure they use the Website in the manner which it is intended and designed for use.
Without limitation, Vendor and Customer obligations include:
- All information included in the Website by you is true and correct in all particulars and does not include information which might be false, misleading or otherwise is considered inappropriate by Us or Third Parties
- Provide relevant personal and company information for Vendor registration purposes and for Customer order fulfilment purposes and warrant that any information you give to Jungle Online Marketplace while completing vendor registration process or customer order fulfilment process will always be accurate, correct and up to date
- Ensure all data you have included in the Website is up to date at all times
- Maintain not more than one account per person or business without our express written consent
- Use the Website in accordance with Terms and Policies.
- You are responsible for keeping your Account details and your username and password confidential and you will be liable for all activity on your Account, including purchases made using your Account details. You agree to immediately notify us of any unauthorised use of your Account.
- Pay all Fees and Charges and other amounts when they become due and payable in the manner as required by Jungle Online Marketplace.
Vendor Compliance Requirements
For Vendors, you agree to comply with the following:
- You will not share your profile with any other person;
- You will use the Services only for purposes that are permitted by:
(a) the Terms; and
(b) any applicable law, regulation or generally accepted practices or guidelines in the relevant jurisdictions.
- You have sole responsibility for protecting the confidentiality of your password and/or email address. Use of your password by any other person may result in the immediate cancellation of the Services;
- Any use of your registration information by any other person, or third parties, is strictly prohibited. You agree to immediately notify Jungle Online Marketplace of any unauthorised use of your password or email address or any breach of security of which you have become aware;
- You must not expressly or impliedly impersonate another Vendor or Customer or use the profile or password of another Vendor or Customer at any time;
- Any content that you broadcast, publish, upload, transmit, post or distribute on the Website ('Your Content') will always be accurate, correct and up to date and you will maintain reasonable records of Your Content.
- You agree not to harass, impersonate, stalk, threaten another Vendor or Customer (where interaction with another Vendor or Customer is made available to you)
- Access and use of the Website is limited, non-transferable and allows for the sole use of the Website by you for the purposes of providing the Services;
- You will not use the Services or the Website in connection with any commercial endeavours except those that are specifically endorsed or approved by the management of Jungle Online Marketplace;
- You will not use the Services or Website for any illegal and/or unauthorised use which includes collecting email addresses of Vendors or Customers by electronic or other means for the purpose of sending unsolicited email or unauthorised framing of or linking to the Website;
- You agree that commercial advertisements, affiliate links and other forms of solicitation may be removed from Member profiles without notice and may result in termination of the Services. Appropriate legal action will be taken by Jungle Online Marketplace for any illegal or unauthorised use of the Website; and
- You acknowledge and agree that any automated use of the Website or its Services is prohibited.
Disputes are a normal part of life. As a Customer, you are expected to engage respectfully, ethically and responsibly in seeking to genuinely resolve any dispute whether it involves us, Vendors, Customers or Third Parties.
If the dispute cannot be resolved between the relevant people after genuine attempts, the parties may appoint a mediator or arbitrator to resolve or decide the dispute.
You may not commence legal action, publish information or take adverse action until after a mediator or arbitrator has decided the dispute. Any proceedings may only proceed on an issue of law.
You may not post a review about a dispute until after a Court or Adjudicator makes a final determination on the dispute.
A Vendor of goods or services on the Website must ensure the goods or services:
- Are accurately described and are not materially misdescribed;
- Are provided with a general warranty including a manufacturer’s warranty, any warranties required by law and others required by circumstances;
- If faulty or otherwise not compliant with the terms or warranties, are replaced at no additional cost to the Customer.
Returns and refunds
Jungle Online Marketplace is committed to providing a thorough refund and returns process in protecting the Customer and the Vendors rights. Our Returns Policy is available on the Website.
Jungle Online Marketplace allows for Pick up from Store and/or Delivery. The Shipping Policy is available on the Website.
Vendors are paid fees for the product inclusive of GST and minus commission fees at an agreed time between the Vendor and Jungle Online Marketplace after dispatch of product. Under no circumstances are vendors paid before dispatch of a product.
When you get it wrong
As a Vendor, you must maintain adequate and appropriate levels of insurance coverage, for example, product liability, public liability or professional indemnity (depending on your activities). We may request that you provide evidence of your insurance.
We may suspend or cancel your Account, if:
- You or any of your authorised users breach any provision of these Terms or engage in any conduct which in our view, means you are no longer a Suitable Person
- We no longer will provide the Website
Your Account may be closed by you at any time, using the ‘cancel Account’ function.
Where you are a Vendor, your Account may be closed in accordance with our Policies and Procedures.
There will be no pro-rata refunds on any purchased subscriptions or other items and any payments made by you to us are not refundable to you.
Where you have used the Website in a manner to cause us loss or money or reputation, you agree to indemnify us against those losses, i.e., you will pay us our losses in compensation.
Suspending, cancelling, or changing an account does not amend or terminate these terms. Any termination does not affect any rights or liabilities that a Party has accrued under it. This clause will survive the termination or expiry of these Terms.
- Customers may truthfully, fairly and accurately rate and review their experience with a Vendor on the Website, where you are a Customer and have purchased Goods or Services from that Vendor
- Reviews of Vendors can be viewed by a Customer on the Vendor’s Profile and/or a Vendor’s Ecommerce Page. All Reviews will remain viewable on the Vendor Profile until the relevant Vendor Profile Account is removed or terminated
- You agree to provide true, fair and accurate information in your Review. If we consider that the Review is untrue, unfair, inaccurate, offensive or inappropriate, we may delete the Review or ban you from posting the Review. We do not undertake to review each Review. To the maximum extent permitted by law, we are not responsible for the content of any Reviews
- You may not write a Review about a Vendor if you are a Relevant Entity with respect to that Vendor
- Your Customer Experience must have occurred in the 3 months prior to you writing a Review.
- If you publish information or data in or on the Website then: you must in doing so
(a) Comply with the Terms and Policies
(b) Grant to us a non-exclusive, perpetual, irrevocable, worldwide, royalty free, sublicensable and transferable right and licence to use, view, distribute, communicate, copy, store, modify and exploit the information
- Do not copy, reproduce or reverse engineer any data, metadata or information published by us
- Subject to your compliance with these Terms, we grant you a non-exclusive, royalty-free, revocable, worldwide, non-transferable licence to download and use the Website on your device(s) and access and view any Content, in accordance with these Terms. All other uses are prohibited without our prior written consent
- You grant us a non-exclusive, perpetual, irrevocable, worldwide, royalty free, sublicensable and transferable right and licence to use, view, distribute, communicate, copy, store, modify and exploit in any manner the User Content to provide the Website and promote the Website in any media or promotional material
- Unless otherwise indicated, we own or licence all rights, title and interest (including Intellectual Property Rights) in our Website and all of the Content. Your use of our Website and your use of and access to any Content does not grant or transfer to you any rights, title or interest in relation to our Website or the Content
- You must not, without the prior written consent of ourselves or the owner of the Content (as applicable) or except as expressly permitted by these Terms, (1) copy in whole or in part, any Content; (2) sell any Content to any third party; (3) reproduce, reverse engineer, retransmit, distribute, disseminate, publish, broadcast or circulate any Content designated as paid, exclusive or non-shareable content; or (4) breach any Intellectual Property Rights connected with our Website, including by altering or modifying any of the Content, cause any of the Content to be framed or embedded in another website, or create derivative works from the Content
- You agree that you are solely responsible for all User Content that you make available on or through our Website. You represent and warrant that (1) you are either the sole and exclusive owner of all User Content or you have all rights, licences, consents and releases that are necessary to grant to us the rights in such User Content as contemplated by these Terms; and (2) neither the User Content nor the posting, uploading, publication, sending or receiving of the User Content or our use of the User Content on, through or by means of our Website will infringe, misappropriate or violate a third party’s Intellectual Property Rights, or rights of publicity or privacy, or result in the violation of any applicable law or regulation
- Despite anything to the contrary, to the maximum extent permitted by law, you agree to indemnify us and hold us harmless from and against all Liabilities, howsoever arising, suffered or incurred by us and arising from or in connection with any claim that any Liability we incur as a result of the User Content you make available on or through the Website, including as a result of an Intellectual Property Breach.
- The Content is not comprehensive and is for general information purposes only. It does not take into account your specific needs, objectives or circumstances, and is not advice. While we use reasonable attempts to ensure the accuracy and completeness of the Jungle Content, to the extent permitted by law, we make no representation or warranty regarding the Content. The Content is subject to change without notice. We do not undertake to keep our Website up-to-date and we are not liable if any Content is inaccurate or out-of-date.
The Programs may be subject to limitations, delays and other problems inherent in the use of the Internet and electronic communications. Jungle is not responsible for any delays, business interruption, economic loss, or other damage caused in any way whatsoever.
The boring stuff
- Where a party consists of two or more persons:
(a) obligations bind each of them severally and all of them jointly; and
(b) rights benefit each of them severally and all of them jointly.
- You will comply with all laws including Market Conduct Rules and policies or requirements of the ICCC.
- Terms and policies may be amended at any time, by us providing reasonable notice and publication of amendments on our Website. By continuing to use the Website after amendment of terms you are deemed to agree to the amended terms. If you do not agree to the amendment, you may terminate these Terms in accordance with the “Termination” clause.
- You may only use 1 account which is not assignable, unless legal ownership in a business is transferred or owned by an entity that is other than the Customer. Any transfer of ownership is subject to our approval which is discretionary.
- The rights duties and obligations of the parties are personal, and a party must not assign its rights duties or obligations without the prior written consent of us.
- We will not be liable for any delay or failure to perform our obligations under these Terms if such delay is due to any circumstance beyond our reasonable control.
- You hereby acknowledge disclosure of and consent to Third Party affiliates to give to us interests, commissions, revenue, payments and other benefits, and you have no right to ask us to account.
- Any notice given under these Terms must be in writing addressed to us at the address as published by us from time to time. Any notice may be sent by standard post or email and will be deemed to have been served on the expiry of 72 hours in the case of post, or at the time of transmission in the case of transmission by email when a read receipt is issued from the recipient.
- You do not rely upon any statement, representation, undertaking, warranty, or condition made or given by or on behalf of any other party in respect of the subject matter of these terms other than those that are expressly contained in this document.
- You will do everything necessary to ensure that the terms take effect and are complied with.
- The covenants and provisions contained in these terms exclusively and completely state the rights of the parties with respect to the subject matter.
- These terms supersede all negotiations and prior Agreements, whether written or oral, in respect of the subject matter.
- If there is conflict or inconsistency between the terms, conditions and provisions of these Terms and any prior Agreement or arrangement, the terms, conditions and provisions of these Terms will prevail. These Terms should be interpreted with the clear intention that the parties are to be Suitable Persons and maintain the highest Social Licence to Operate as is expected of a leading platform.
- These Terms are made in Papua New Guinea and is to be construed with reference to the laws for the time being in force in Papua New Guinea.
- The parties submit to the non-exclusive jurisdiction of the courts of Papua New Guinea and courts of appeal from those courts.
- These Terms is binding on and endures to the benefit of the parties and their administrators, executors, respective successors, heirs and permitted assigns.
- A party prohibited from doing an act is also prohibited from permitting or suffering the matter act or thing.
- Time is in all cases and in every respect of the essence of these Terms.
- No failure, delay, relaxation or indulgence by a party in exercising a power or right under these Terms operates as a waiver of the power or right, and no single or partial exercise of a power or right and no single failure to exercise precludes any other or future exercise of the power or right or the exercise of any other power or right. A waiver is not effective unless it is in writing and expressly contemplates the rights or claims the party is purporting to waive.
- The rights and remedies conferred on a party are in addition to those at law and in equity.
- If it is held by a court of competent jurisdiction that:
(a) a part of these Terms is void, voidable, illegal, or unenforceable; or
(b) these Terms would be void, voidable, illegal, or unenforceable unless a part of it were severed,
(c) that part is:
(i) read down to give the maximum effect it could be given, considering the intent of the parties, and
(ii) if the provision cannot be read down, then it shall be severed from and does not affect the continued operation of the rest of these Terms unless to sever that part would change its principal commercial purpose.
- Each person who engaged in conduct accepting these terms is bound to the full extent of these Terms even if:
(a) one or more of the parties named as such do not execute these Terms; and
(b) the execution of these Terms by one or more of them (other than the person sought to be made liable under these Terms) is or becomes void or voidable.
- Each person entering into these Terms as attorney for a party by so doing warrants that as at the time of accepting the terms, the person has not received notice of the revocation of the power of attorney appointing him.
- Each person entering into these Terms as an authorised officer or agent of a party by so doing warrants that as at the time of signature by him or her that they have the full authority to execute on behalf of that party.
- The parties acknowledge that these Terms does not create a partnership or joint venture, employment, agency or other relationship between them, and is exclusively an Agreement for service.
- No term of these Terms and nothing done under these Terms operates as a merger of a party's right in or remedy under these Terms, and all rights and remedies remain valid.
- The parties must do all necessary for the complete performance of all their respective obligations under these Terms.
- A person may not commence court proceedings relating to a Dispute without following the dispute resolution procedure.
- A person may also not raise a dispute relating to an event more that occurred more than 120 days prior to the dispute being raised.
- This Agreement cannot be assigned by you without obtaining prior written approval from Jungle. However, it may be assigned without your consent by Jungle to a parent or subsidiary company, an acquirer of assets, or a successor by merger. Any purported assignment in breach of this section will be invalid.
- This agreement is governed exclusively by the law of Papua New Guinea. Any disputes, actions, claims or causes of action arising out of or in connection with this Agreement or the Programs is subject to the exclusive jurisdiction of Papua New Guinea. There is no joint venture, partnership, employment or agency relation between you, Jungle, or any third party provider as a result of your use of the Programs. If any provision of this Agreement is held to be invalid or unenforceable, those provisions will be struck out. The remaining provisions will be enforced to the fullest extent under Papua New Guinean law. Any failure by Jungle to enforce any right or provision in this Agreement does not constitute a waiver of those rights or provisions unless acknowledged and agreed to by Jungle in writing.
Consequential Loss includes any consequential loss, indirect loss, real or anticipated loss of profit, loss of benefit, loss of revenue, loss of business, loss of goodwill, loss of opportunity, loss of savings, loss of reputation, loss of use and/or loss or corruption of data, whether under statute, contract, equity, tort (including negligence), indemnity or otherwise.
Customer means individual or entity recognised by law who has capacity to enter contracts at law and who is using the website to view and/or purchase products. For example, you will be at least 16 years of age, not be bankrupt, insolvent or likely to become such, you do not have a legal disability etc.
Customer Registration means the online process by which a person provides us all correct data in our registration portal to our satisfaction.
Fees and Charges means the Fees and Charges published by Us on our Website as amended from time to time.
ICCC means the Independent Competition and Consumer Commission
Information means data, meta data, coding or other data or information or parts or components of data or information in any form howsoever described.
Intellectual Property Breach means any breach by you of any of our Intellectual Property Rights (or any breaches of third party rights including any Intellectual Property Rights of third parties).
Intellectual Property means any domain names, know-how, inventions, processes, trade secrets or confidential information; or circuit layouts, software, computer programs, databases or source codes, including any application, or right to apply, for registration of, and any improvements, enhancements or modifications of, the foregoing.
Intellectual Property Rights means for the duration of the rights in any part of the world, any industrial or intellectual property rights, whether registrable or not, including in respect of Intellectual Property.
Lawful Purpose means a purpose which is specified in one or more of our Policies.
Lawful Recipients means a purpose which is specified in one or more of our Policies.
Liability means any expense, cost, liability, loss, damage, claim, notice, entitlement, investigation, demand, proceeding or judgment (whether under statute, contract, equity, tort (including negligence), indemnity or otherwise), howsoever arising, whether direct or indirect and/or whether present, unascertained, future or contingent and whether involving a third party or a party to these Terms or otherwise.
Other Services includes without limitation other services which we might offer from time to time, for example assist Customers and Vendors to form contracts for the supply of goods and/or services, process payments between Customers and Vendors, provide promotional opportunities for Vendors (together the Jungle Services)
Platform means an online digital platform which provides a marketplace for people to buy and sell, organise transport and facilitate payment and collection of goods and services, provided by Us. It may include Vendor Profiles, Online Store(s) and other elements.
Policies means policies which we publish on our website from time to time, as amended from time to time.
Relevant Entity means you are an owner or have an interest in the business or Vendor or a Related Entity of the Vendor, you are an employee, contractor for or a competitor of the Vendor or are a family member or close relative or business affiliate of the Vendor. Further, you may not review a Vendor if a reasonable person would consider you to have a biased or skewed opinion of the Vendor. Examples might include if you receive remuneration or benefits for writing a review.
Suitable Person means a person who in our opinion, a person of good standing, professional and is suitable in our opinion. We may decide a person is not a Suitable Person at any time, for any reason, and if we do so, the person is not entitled to make any claim.
Third Party means a person or legal entity which is not Us.
Third Party Terms means terms, conditions or other legal requirements which apply to any element of the Platform or this contract which might apply to us or you. For example, this might include Usage Rules in the App Store Terms of Service; Google Play Store, Google or other platforms or terms.
TIN means Tax Identification Number.
Us or We means Jungle Online Marketplace
Vendor means a registered Business or Company who has been accepted by Jungle Online Marketplace to be a Vendor.
Vendor Registration means the online process by which a registered Business or Company provides us all correct data in our registration portal to our satisfaction.
Website means www.jungle.com.pg