Terms of Service

Acceptance and contract

A person may become a Customer if:

  1. the person accepts these Terms; and
  2. completes the Customer Registration; and
  3. we are satisfied the person is a Suitable Person.

You understand the Platform is only an online digital environment in which a Vendor and Consumer may connect and form a contract between themselves for the purchase and supply of goods or services.

Use of the platform

In using the Platform, a Customer must use the Platform in the way it was intended for use.  A Customer must also:

  1. Comply with the Community Standards
  2. Comply with all policies, procedures and requirements we have from time to time
  3. Comply with all Third-Party Terms
  4. Pay all Fees and Charges and other amounts when they become due and payable in the manner as required by us.

What we do

We provide the Platform to Customers.  Customers may be consumers, Vendors, wholesalers or others engaged in commerce and trade.

We will maintain, provide hosting and may provide Other Services as offered from time to time.

We will collect and use all Information in accordance with our Policies.

We may use Information for a Lawful Purpose with you or other Lawful Recipients in our operation of the Platform or associated trade or commerce.

What we do not do

We do not:

  1. provide mediation, resolution or adjudication services
  2. assist with respect to integration with or otherwise relate to platforms, applications or services of Third Parties
  3. supply the goods or services
  4. verify the goods or services, provide any service which would inspect or warrant any goods or services
  5. 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.

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:

  1. 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
  2. we no longer will provide the Platform

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 at any time in accordance with our Policies and Procedures. Vendors have the right to pause or cancel their account with Jungle Online Marketplace at any time without notice. However, they must honour any purchases made whilst their products are listed on Jungle Online Marketplace.

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 Platform 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.

The boring stuff

Parties

Where a party consists of two or more persons: obligations bind each of them severally and all of them jointly; and rights benefit each of them severally and all of them jointly.

Each person who engaged in conduct accepting the Terms of Service is bound to the full extent of the Terms of Service even if: one or more of the parties named as such do not agree to the Terms of Service; and the conduct constituting agreement of the Terms of Service by one or more of them (other than the person sought to be made liable under the Terms of Service) is or becomes void or voidable.

Each person entering into the Terms of Service as attorney for a party by so doing warrants that as at the time of accepting the Terms of Service, the person has not received notice of the revocation of the power of attorney appointing him.

Each person entering into the Terms of Service 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.

Comply with laws

You will comply with all laws including Market Conduct Rules and policies or requirements of the ICCC.

Changes to Terms of Service

Terms of Service may be amended at any time, by us providing reasonable notice and publication of amendments on the Platform. By continuing to use the Platform after amendment of the Terms of Service,  you are deemed to agree to the amendment. If you do not agree to the amendment, you may terminate the Terms of Service in accordance with the “Termination” clause. Any such rights accrue and termination does not merge any rights, obligations or duties. 

User accounts

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.

No assignment

The rights duties and obligations of and owed by you are personal, and you must not assign or subcontract your rights, duties or obligations without the prior written consent of us.

Delay and waiver

We will not be liable for any delay or failure to perform our obligations under the Terms of Service if such delay is due to any circumstance beyond our reasonable control.

No failure, delay, relaxation or indulgence by a party in exercising a power or right under the Terms of Service 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 by Us is not effective unless it is in writing and expressly contemplates the rights or claims which we are purporting to waive.

You may waive your rights in anyway permitted by law.

Disclosure

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.

Notices

Any notice given under the Terms of Service 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 where it was sent from the same Provence that our address for service is in, or at the time of transmission in the case of transmission by email when a read receipt is issued from the recipient. 

However, where there is evidence that service has not occurred, this overrides any deeming provision. This may include that the sender of email is flagged by third parties and a spam filter has caused their communication to be blocked or included in the spam folders. This might also include a loss due to the postal service.

No reliance

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 the Terms of Service other than those that are expressly contained in this document.

Positive obligation

You will do everything necessary to ensure that the Terms of Service take effect and are complied with.

Entire agreement

The covenants and provisions contained in the Terms of Service exclusively and completely state the rights of the parties with respect to the subject matter.

The Terms of Service supersede all negotiations and prior Agreements, whether written or oral, in respect of the subject matter.

Interpretation

If there is conflict or inconsistency between the Terms of Service, conditions and provisions and any prior Agreement or arrangement, the Terms of Service, conditions and provisions will prevail. The Terms of Service 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.

Jurisdiction

The Terms of Service 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.

Extent and scope

The Terms of Service is binding on and endures to the benefit of the parties and their administrators, executors, respective successors, heirs and permitted assigns.

The rights and remedies conferred on a party are in addition to those at law and in equity.

Prohibition

A party prohibited from doing an act is also prohibited from permitting or suffering the matter act or thing.

Time

Time is in all cases and in every respect of the essence of the Terms of Service.

Interpretation by Court

If it is held by a court of competent jurisdiction that: a part of the Terms of Service is void, voidable, illegal, or unenforceable; or the Terms of Service would be void, voidable, illegal, or unenforceable unless a part of it were severed, then that part is:

  1. read down to give the maximum effect it could be given, considering the intent of the parties, and
  2. f the provision cannot be read down, then it shall be severed from and does not affect the continued operation of the rest of the Terms of Service unless to sever that part would change its principal commercial purpose.

Nature of agreement

The parties acknowledge that the Terms of Service does not create a partnership or joint venture, employment, agency or other relationship between them, and is exclusively an Agreement for service.

No merger

No term of the Terms of Service and nothing done under the Terms of Service operates as a merger of our rights in or remedy under the Terms of Service, and all rights and remedies remain valid.

Dispute resolution

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.

Community standards

Definitions

Community Standards means the highest professional standards which are reasonably expected of persons engaged in trade and commerce, Community Standards we publish from time to time, government policies and laws and factors which might reasonably affect our reputation, credibility, reliability or otherwise affects our social licence to operate.

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.

Consumer means a Customer who is registered as a Consumer.

Customer means individual or entity recognised by law who has capacity to enter contracts at law. 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. 

Terms of Service” includes all terms, conditions, policies, procedures, advice given to clients or other requirements we might have about the use of Jungle from time to time.  Terms of service will change over time, with or without notice.

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.

Us or We means Jungle Online Marketplace

Vendor means a Customer who has been accepted by Us to be a Vendor.

Unethical trade

Vendors, Consumers 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:

  1. money laundering
  2. engaging in trade which violates a sanction or restriction on trade or commerce between two countries or regions
  3. 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
  4. Spamming, cold calling, harassing or otherwise inappropriately engaging in inappropriate selling or trade tactics
  5. Misdescribing goods or services
  6. Misleading pricing of goods or services
  7. Using bait advertising
  8. Mistreating employees or engaging in wage theft, slavery, modern slavery, sexual harassment or other unethical practices against a person
  9. Bribing or seeking to bribe persons or providing or offering facilitation payments to people
  10. Receiving secret commissions
  11. Taking advantage or seeking to take advantage of a vulnerable person
  12. Infringing on the rights of persons without their consent
  13. Engaging in acts of omissions in a manner to cause loss, damage or injury to anyone
  14. Acting capriciously or maliciously
  15. Engaging in price hikes
  16. Artificially increasing the price of goods or services prior to a discount or sale
  17. Shipping goods which are not appropriate to be shipped
  18. Offer product comparisons or pricing which might mislead Consumers
  19. Imposing unreasonable terms and conditions or terms and conditions which disproportionately impact a Consumer
  20. Selling spurious products
  21. Behaviour which a reasonable person would consider to be an unethical business practice or instance of behaviour
  22. Selling product which you do not have
  23. For products on backorder, selling items without prior informing the customer that items are on backorder, and the expected delay for dispatch
  24. Selling items at an inflated price
  25. Representing that you are associated with Us, without our consent
  26. Seeking to sell items where you do not have an active Vendor Account
  27. 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
  28. Selling perishable goods which may reasonably pass their use by date within 6 months of date of dispatch
  29. Selling goods which are defective, damaged, not fit for purpose or have voided or expired warranty

 

Customers and Vendors use of platform

Customers, including Vendors and Consumers, must ensure they use the Platform in the manner which it is intended and designed for use.

Without limitation, examples include:

  1. All information included in the Platform 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
  2. Ensure all data you have included in the Platform is up to date at all times
  3. Maintain not more than one account per person or business without our express written consent
  4. Use the Platform in accordance with Terms, Policies and Community Standards
  5. 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.

 

Dispute resolution

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, Consumers, 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.  

 

Vendor warranty

A Vendor of goods or services on the Platform must ensure the goods or services:

  1. Are accurately described and are not materially misdescribed
  2. Are provided with a general warranty including a manufacturers warranty, any warranties required by law and others required by circumstances
  3. If faulty or otherwise not compliant with the terms or warranties, are replaced at no additional cost to the Consumer.

Reviews

Customers may truthfully, fairly and accurately rate and review their experience with a Vendor on the Platform, where you are a Consumer 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.

Content

If you publish information or data in or on the Platform then: you must in doing so

  1. Comply with Community Standards
  2. 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
  3. Do not copy, reproduce or reverse engineer any data, metadata or information published by us
  4. 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 Platform 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
  5. 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 Platform and promote the Platform in any media or promotional material
  6. Unless otherwise indicated, we own or licence all rights, title and interest (including Intellectual Property Rights) in our Platform and all of the Jungle Content. Your use of our Platform 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 Platform or the Content
  7. 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 Platform, 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
  8. You agree that you are solely responsible for all User Content that you make available on or through our Platform.  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 Platform 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
  9. 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 Platform, including as a result of an Intellectual Property Breach.
  10. 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 Platform up-to-date and we are not liable if any Content is inaccurate or out-of-date
 

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