MuaBan.com.au is owned and operated by ECOMTECH PTY LTD (“ECOMTECH PTY LTD” and “MuaBan.com.au web site” is collectively referred to as "MuaBan"). MuaBan makes available a variety of products and services through MuaBan.com.au (collectively, the "Products and Services") subject to these General Terms and Conditions ("Terms and Conditions").
1. ACCEPTANCE OF TERMS
This website located at www.muaban.com.au (the "Site") is provided by ECOMTECH PTY LTD ("MuaBan") subject to your acceptance of the following Terms of Service ("Agreement") which may be updated by MuaBan from time to time. Your permission to access and use this Site is contingent upon your acceptance of the terms and conditions set forth in this Agreement. You can review the most current version of this Agreement at any time at this page https://muaban.com.au/en/terms-of-use or https://muaban.com.au/vi/terms-of-use. You accept the terms and conditions of this Agreement by using this Site in any manner. IF YOU DO NOT AGREE TO ALL OF THESE TERMS, YOU MAY NOT USE THE SITE.
2. GENERAL CONDITIONS AND RESTRICTIONS ON USE
- MuaBan makes available a variety of products and services through MuaBan.com.au (collectively, the "Products and Services") subject to these General Terms and Conditions ("Terms and Conditions").
- You acknowledge and agree that MuaBan may terminate your access to MuaBan.com.au or to any of the Products and Services should you fail to comply with the Terms and Conditions. Any such termination shall be in MuaBan's sole discretion and may occur without prior notice, or any notice. MuaBan further reserves the right to terminate any user's access to MuaBan or to any of the Products and Services for any conduct that MuaBan, in its sole discretion, believes is or may be directly or indirectly harmful to other users, to MuaBan or its subsidiaries, affiliates, or business contractors, or to other third parties, or for any conduct that violates any Australian laws or regulations.
- Upon registering, you will receive a Username and Password. You are responsible for maintaining the confidentiality of the Username and Password, and are fully responsible for all activities that occur under your Username and Password. You agree to (a) immediately notify MuaBan of any unauthorized use of your password or account or any other breach of security, and (b) ensure that you exit from your account at the end of each session. MuaBan cannot and will not be liable for any loss or damage arising from your failure to comply with this requirement.
- You are entirely responsible for all information or other content that you upload, post or otherwise transmit to or via the Site. You agree not to upload, post or otherwise transmit via the Site any content that: (i) is false, inaccurate, misleading, harmful, obscene, indecent, pornographic, defamatory, racist, violent, offensive, threatening, harassing, or otherwise objectionable to MuaBan or other users of the Site; (ii) includes unauthorized disclosure of personal information; (iii) violates or infringes anyone's intellectual property rights; or (iv) contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment. MuaBan reserves the right to edit or remove content that violates this Agreement or that contains unauthorized third-party commercial advertisements.
- You agree that you will not use the Site to: (i) transmit spam, bulk, or unsolicited communications; (ii) pretend to be MuaBan or someone else, or spoof MuaBan's or someone else's identity; (iii) forge headers or otherwise manipulate identifiers (including URLs) in order to disguise the origin of any content transmitted to or via the Site; (iv) misrepresent your affiliation with a person or entity; (v) disrupt the normal flow of dialogue or otherwise act in a manner that negatively affects other users' ability to use the Site; (vi) engage in activities that would violate any fiduciary relationship, any applicable local, state, national or international law, or any regulations having the force of law, including but not limited to attempting to compromise the security of any networked account or site, operating an illegal lottery or gambling operation, stalking, or making threats of harm; or (vii) collect or store personal data about other users unless specifically authorized by such users. MuaBan reserves the right to report any wrongdoing, if we become aware of it, to the applicable government agencies or otherwise.
- You agree to not (i) use any method to intercept or expropriate any system data or information from the Site without the express written permission of MuaBan; or (ii) use any robot, spider, other automatic device, or manual process to crawl, index, or copy the Site web pages or the content contained herein without the prior express written permission of MuaBan.
- You acknowledge and agree that by using the Products and Services, you may be exposed to Content that is offensive, indecent or objectionable. Under no circumstances will MuaBan be liable in any way for any user or third party Content, including, but not limited to, for any errors or omissions in any such Content, or for any loss or damage of any kind incurred as a result of the use of any such Content posted, emailed or otherwise transmitted via the Products and Services. As a general matter, MuaBan does not pre-screen user or third party Content posted on MuaBan, except for certain areas where MuaBan may employs certain automated screening software, although MuaBan reserves the right to do so. MuaBan does not guarantee that any screening will be done to your satisfaction or that any screening will be done at all. MuaBan reserves the right to monitor some, all, or no areas of the Products and Services for adherence to these Terms and Conditions or any other rules or guidelines posted by MuaBan.
3. ADDITIONAL VENDOR’S AGREEMENT
MuaBan.com.au and you "Vendor”; “Seller" agree as follows:
- The Vendor will submit to MuaBan.com.au the request to “Become a seller” and Business details and its Contacts in the online form ("Apply for a vendor account ") through MuaBan.com.au. Upon receipt of the Form, MuaBan.com.au may use this information to verify with various Australia’s Government Departments and Agencies.
- The Vendor acknowledges and agrees that MuaBan.com.au may in its absolute discretion refuse the Vendor to join and sell their products and services on MuaBan.com.au’s website.
- By completing and by submitting the Form to MuaBan.com.au, the Vendor agrees it is bound by this Agreement and accepts its terms and conditions.
- MuaBan is not responsible for any product details discrepancy on MuaBan.com.au. All products and product details such as images, description, prices, etc. belong to the Vendors and are solely managed by the Vendors. Vendors should check and update these details regularly.
- MuaBan provides functions so that Vendors can access to third party services such as Shipping cost estimation and Payment Gateways. Vendors much create and test all third party services’ functions and features that could affect their businesses.
- The Vendor agrees and acknowledges MuaBan.com.au may in its absolute discretion publish Information in or on an information medium other than a website (including but not limited to printed publications or any other medium), or on more than one websites, or on substitute websites, or on a website different to the one where the Form appeared or was obtained by the Vendor and the Vendor hereby consents to MuaBan.com.au so publishing the Information.
- This Agreement commences on the date MuaBan.com.au has approved the Vendor to join MuaBan.com.au and shall continue for as long as the Vendor still using MuaBan.com.au.
- Should any part of this Agreement be or become invalid, that part shall be severed from this Agreement. Such invalidity shall not affect the validity of the remaining provisions of this Agreement.
4. REGISTRATION AND PRIVACY
- In order to buy or sell we require you to register and provide certain data. In registering and providing such data, you represent and warrant that: (a) the information about yourself is true, accurate, current, and complete (a part from optional information) as required by MuaBanregistration forms ("Registration Data") and (b) you will maintain and promptly update the Registration Data to keep it true, accurate, current and complete. If you provide any information that is untrue, inaccurate, not current or incomplete, or MuaBan has reasonable grounds to suspect that such information is untrue, inaccurate, not current or incomplete, MuaBan has the right to suspend or terminate your account and refuse any and all current or future use of the Products and Services.
5. SUBMITTED MATERIALS
5.1 Products and Services
There are Australian product safety laws that you must adhere to when selling your products in Australia. For full explanations and more details, please refer to the Australian Government website https://www.productsafety.gov.au/product-safety-laws.
The ACCC has developed factsheets about Australian mandatory standards to help you find out if you can sell your products in Australia. Further fact sheets, including translations in Vietnamese language has already added to this page.
- Baby and nursery products - Australian mandatory safety standards
- Exercise equipment - Australian mandatory safety standards
- Motor vehicle related products - Australian mandatory safety standards
- Toys - Australian mandatory safety standards
Before uploading and selling your products on MuaBan.com.au, please check out the above links.
5.2 Logos and Graphic Images
You may submit your logo to MuaBan.com.au. You represent and warrant that (i) you are the owner of the logo and/or are authorized by the owner to upload the logo on their behalf; (ii) the logo does not infringe in any manner any trademark, copyright, or other intellectual property right of any third party; (iii) the logo does not breach any duty toward or rights of any person or entity including, without limitation, rights of publicity or privacy, or has not otherwise resulted in any consumer fraud, product liability, tort, breach of contract, injury, damage or harm of any kind to any person or entity; and (iv) the logo is not false or misleading.
By submitting your logo for use on the Site, you grant MuaBan a world-wide right to use the logo on or in connection with MuaBan's website(s), or to have others do so on MuaBan's behalf, all without any payment of royalties or other obligations.
5.3 Other Submissions
You may submit any comments you may have on our Site and services, or ideas you may have on how to improve them, to email@example.com. You may also have the opportunity to post certain comments, responses, and other materials on or as part of the Product Comments and Reviews or Blog. Please note that by submitting or posting any material, or by otherwise posting, uploading, inputting, providing or submitting your comments, feedback, concepts, know-how, techniques, software, or ideas (collectively, "Submissions"), you represent and warrant that (i) you are the author of all Submissions and/or are authorized by the author to submit all Submissions on their behalf (ii) your Submissions do not infringe in any manner any trademark, copyright, or other intellectual property right of any third party; (iii) your Submissions do not breach any duty toward or rights of any person or entity including, without limitation, rights of publicity or privacy, or have not otherwise resulted in any consumer fraud, product liability, tort, breach of contract, injury, damage or harm of any kind to any person or entity; (iv) your Submissions do not contain any information that you or any third party considers confidential or proprietary; and (v) your Submissions are not false or misleading. MuaBan reserves the right (but not the obligation) to remove or edit any Submission, but does not regularly review posted content.
6. SYSTEM OUTAGES
MuaBan periodically schedules system downtime for maintenance and other purposes. Unplanned system outages also may occur. MuaBan shall have no liability whatsoever for (i) the resulting unavailability of the Site, (ii) any loss of data or transactions caused by planned or unplanned system outages, (iii) any resultant delay, misdelivery, nondelivery of information caused by system outages, or (iv) any third party acts or any other outages of web host providers or the Internet infrastructure and network external to the Site.
You agree to indemnify, defend and hold harmless MuaBan, its parent company, shareholders, subsidiaries, affiliates, officers, directors, employees, agents and advisors from and against any and all claims, demands, actions, costs, liabilities, losses and damages of any kind (including attorneys' fees) resulting from your use of the Site (directly or through your agents), your violation of any terms or conditions of this Agreement, your violation of applicable laws, or your violation of the rights of any other person or entity.
8. INTELLECTUAL PROPERTY
All pages within the Site are the property of MuaBan (provided that such pages may contain or link to third party intellectual property). The Site is protected by local and international copyright and trademark laws. No portion of the materials on the Site pages may be reprinted, republished, modified, or distributed in any form without the express written permission of MuaBan. You shall not reproduce, reverse engineer, decompile, disassemble, modify or create derivative works with respect to the Site. Certain content may be licensed from third parties and all such third party content and all intellectual property rights related to the content belong to the respective third parties. You shall not remove any copyright, trademark or other intellectual property or proprietary notice or legend contained on the Site or its content. Any rights not expressly granted by this Agreement with respect to the Site are reserved by MuaBan.
8.2 Trademark Notice.
All trademarks and/or logos used on this Site are the trademarks, service marks or logos of their respective owners. Nothing in this Agreement shall confer any right of ownership of any of the trademarks to you. Further, nothing on the Site shall be construed as granting, by implication, estoppel or otherwise any license or right to use any trademark used or displayed on the Site, without the express written permission of MuaBan or the trademark owner.
9. COPYRIGHT AND INTELLECTUAL PROPERTY AGENT FOR NOTICE
MuaBan respects the intellectual property of others and we ask our users to do the same. If you wish to notify MuaBan of an alleged copyright infringement, or if you are the valid copyright owner to a logo or graphic image in use by MuaBan (whether submitted by you or a third party), you may contact MuaBan as set forth above and request that MuaBan remove such materials. All such requests must include:
- Contact information for you, including name address, telephone number and/or email address;
- A description of the copyrighted work that you wish to have removed from MuaBan's website(s) (the "Material");
- A description of where the Material is located on the Site — for logos, such description should include an image file name and/or URL link associated with the logo
- A statement by you, made under penalty of perjury, that you are the copyright owner of the Material or have been expressly authorized to make the request on behalf of the copyright owner; and
- An electronic or physical signature of the copyright owner of the Material or a person authorized to act on behalf of the copyright owner.
Failure to include all of the information above may result in the inability to process your request and/or fully remove the Materials from MuaBan's website(s).
Information on this web site may contain inaccuracies or typographical errors. Information may be changed or updated without notice. MuaBan makes no representations whatsoever about other web sites which you may access through this one. When you access a non-MuaBan web site, please understand that it is independent from MuaBan, and that MuaBan has no control over the content on that web site.
In addition, a link to a non-MuaBan web site does not mean that MuaBan endorses or accepts any responsibility for the content, use, or products and services made available through such web site.
IN NO EVENT WILL MUABAN BE LIABLE TO ANY PARTY FOR ANY DIRECT, INDIRECT, SPECIAL OR OTHER CONSEQUENTIAL DAMAGES FOR ANY USE OF THIS WEB SITE, OR ANY OTHER HYPERLINKED WEB SITE, INCLUDING, WITHOUT LIMITATION, ANY LOST PROFITS, BUSINESS INTERRUPTION, LOSS OF PROGRAMS OR OTHER DATA OR OTHERWISE, EVEN IF WE ARE EXPRESSLY ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
INFORMATION ON THIS WEB SITE IS PROVIDED "AS-IS" WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSIONS OF IMPLIED WARRANTIES, SO THE ABOVE EXCLUSION MAY NOT APPLY TO YOU.