Terms & Condition
Welcome to Spantik Australia Pty Ltd
Welcome to Spantik Australia Pty Ltd (ABN 20623254302), hereafter referred as “Spantik” within this document.
These terms and conditions apply to the use of Spantik Website (www.spantik.com.au), Mobile Apps, and any other Software & Tool related to Spantik, hereafter referred as “Spantik Services” within this document.
By using Spantik Services, you agree to the following terms and condition with Spantik. Spantik will also be referred to within this document as such pronouns as “we” and “us”. Buyer, Sellers and any other users of the Spantik Services would also be referred as by the pronoun “you” or “your”.
Terms and Conditions
The laws of New South Wales govern this Agreement and any dispute of any sort that might arise between the parties. Any dispute relating in any way to this Agreement will only be adjudicated in the courts of New South Wales. Each party consents to the exclusive jurisdiction and venue in these courts. Notwithstanding the foregoing, either party may seek injunctive relief in any state, federal, or national court of competent jurisdiction for any actual or alleged infringement of such parties, its affiliates' or any third party's intellectual property or other proprietary rights. The United Nations Convention on Contracts for the International Sale of Goods, and any local laws implementing the Convention on Contracts for the International Sale of Goods, do not apply to this Agreement. If you would like to bring a matter to our attention, please contact us
Release from Disputes
In case of any dispute between two or more users, Spantik owner(s), management and its employees are released from any kinds of claims, demands and damages (actual and consequential), known and unknown, arising out of or in any way connected with such disputes
Communication with Spantik
- We will communicate with all vendors, buyers and sellers, or any other concerned party, by electronically by email, SMS, and Mobile Notification, unless advised otherwise.
- Our correspondence email(s) are as follows:
- Spantik allows its user to list products and services for sale on the following terms and conditions:
- All content included in or made available through Spantik, including any product images, text, logos, eBooks, or any other soft content, is the property of Spantik or its content suppliers and is protected by Australian and International copyright and Intellectual Property rights laws.
- You agree not to list any products or services for sale on Spantik website, which are illegal and / or prohibited to trade within Australia, or any specific state within Australia.
- Spantik has rights to remove products or services listed for sale having illegal contents, having defamation contents against an individual, group of people or company, sexually exploitative material, or copy-righted products without any proof of ownership, or products and services violating Intellectual Property rights of any person, or third party of any nature.
- Spantik has rights to enquire about proof of purchase / ownership for any products listed for sale
- Spantik allows drop shipping, where a seller don’t directly own the product rather he/she is selling other suppliers products, however, seller needs to have a legal arrangement with supplier to list and sell products on Spantik Website, and Spantik reserves the right to ask for such legal permission, otherwise, Spantik may remove / suspend such listings from the website. Spantik does not own any responsibility, in case of drop shipping, either to the seller or the original product owner, of listing such products on Spantik Website.
- Spantik does not allow listing any products or services for fraudulent purposes, or in connection with a criminal or other unlawful activity, and reserves rights to suspend or remove any such listing from its website.
- Sellers are not allowed to publish other company’s websites or marketing contents within the product listing. Such listing having external links will be removed from Spantik Website.
- Spantik has full rights of removing any products listing from its website with its sole discretion without mention of any reason.
Your Spantik Account
- Every seller and buyer on Spantik needs to open an account. As Spantik account holder, you are responsible for maintaining the confidentiality of your account and password and all activities that occur under your account regardless of whether the activities are authorized by you or undertaken by you, and Spantik is not responsible for any unauthorized access to or use of your password or account.
- You should take all necessary steps to ensure that your password is kept confidential and secure and should inform us immediately if you have any reason to believe that your password has become known to anyone else, or if your password is being, or is likely to be used in an unauthorized manner. You must ensure that the details you provide to us are correct and complete, and inform us of any changes.
- You may not use any Spantik Services, in any of the following cases:
- In any way that causes, or is likely to cause, any Spantik, or any access to it to be interrupted, damaged or impaired in any way
- In any way that may interfere with or harm any other user of Spantik
- For fraudulent purposes, or in connection with a criminal or other unlawful activity
- In any manner that is not permitted under these Conditions of Use and the relevant Service Terms.
- If we have concerns with your account, or activity relating to your account, or if you are in breach of Applicable Laws, these Conditions of Use, or the relevant Service Terms, we reserve the right to take action on your account in accordance with these Conditions of Use, and the relevant Service Terms, including without limitation by
- refusing service
- suspending or restricting access to your account
- terminating your account; or
- removing or editing content you post using your account. The action we elect to take and any notice you may receive will vary depending on Spantik, the circumstances and our assessment of relevant factors. Suspension or termination of a Spantik account may occur in connection with, or result in suspension or termination of other Spantik Account.
All communication between user and seller is through Spantik website, and it is recorded. It’s not permissible to exchange personal contacts, and doing a direct purchase for the products listed through Spantik, which carries a financial damage on one side to Spantik, and on the other hand, there is no buyer’s protection for the transactions through Spantik.
Product REVIEWS and Feedback
Buyers of the products & Services have right to provide product reviews and seller’s feedback. Spantik does not have any responsibility for any review posted by any buyer about any product or service, however, Spantik has continuous watch on any reviews involving defamation or not concerning to the product & Service, and has right to remove such removes from the website.
Although, Spantik is independent of any reviews submitted in favor or against some buyer or seller, still you have a right to request Spantik for review to make sure its within the limits of prescribed laws and contents of the underlying review are only limited to relevant transaction, otherwise, Spantik has a right to remove such reviews from its website or apps. Spantik may also revise at its own discretion any reviews, and if found against legitimate laws and policy, such reviews might be removed by Spantik without any notice to anybody.
Parties other than Spantik operate stores, provide services, or sell products on this website and we provide links to the sites of affiliated companies and certain other businesses. We are not responsible for examining or evaluating, and we do not warrant or accept any responsibility or liability for the actions or offerings of, any other party or the content of their websites. You can tell when a third party is involved in your transactions, and we may share your information related to those transactions with that third party. You should carefully review their privacy statements and other conditions of use.
Spantik, through Spantik Marketplace, allows third party sellers to list and sell their products on Spantik.com.au. The relevant seller is indicated on the respective product detail page. While Spantik helps facilitate transactions that are carried out on the Spantik Marketplace, Spantik is neither the buyer nor the seller of the seller's items. Spantik provides a venue for sellers and buyers to negotiate and complete transactions. Accordingly, the contract formed at the completion of a sale for these third party products is solely between the buyer and seller. The seller is responsible for the sale of their products and for dealing with any buyer claims or any other issue arising out of or in connection with the contract between the buyer and seller. Spantik does not provide any warranty of any product or service sold at its website
Spantik use a secure industry standard payment platform, PayPal, for all its transactions. Every Buyer & Seller needs to have a PayPal account. As sellers are credited to their PayPal account, as soon transaction is finalized, after deduction of Spantik Fees and PayPal charges.
Disclaimer and Liability
- Unless otherwise specified in writing, Spantik disclaims, and does not make, any representation or warranty of any kind in respect of the Spantik including without limitation any representation or warranty
- that they are free of viruses or other harmful components
- that your use of the Spantik will be uninterrupted or error-free; or
- as to the suitability or availability of the Spantik.
- Spantik will not be responsible for:
- losses arising from the unavailability of, or your inability to use any Spantik)
- losses that are not directly caused by any breach on our part
- any business loss, loss of sales, profits, revenue, contracts, anticipated savings, data, goodwill or wasted expenditure
- any indirect or consequential losses
- any delay or failure to comply with our obligations under these conditions if the delay or failure arises from any cause which is beyond our reasonable control. For any other loss relating to a Spantik, we limit our liability to the amount you have paid to us for the relevant Spantik Service.
- Nothing in these conditions is intended to
- override any express commitments Spantik gives to you for particular Spantik (for example, commitments Spantik gives to provide a refund of fees in certain circumstances) or
- exclude, restrict or modify any right or remedy you have in statute including under the Australian Consumer Law or otherwise to the extent that that right or remedy cannot be excluded, restricted or modified under law. Any disclaimer, exclusion, or limitation in these conditions applies as provided for in these conditions to the full extent permitted by law and subject to any such non excludable right or remedy.
Provision of Service
We reserve the right to cease providing any Spantik Service to you, to discontinue any Spantik Service and to make changes to any Spantik Service at any time. Your access to Spantik may be suspended or restricted in accordance with these Conditions of Use and the applicable Service Terms, and as necessary for our business operations including without limitation to allow for repairs, maintenance or the introduction of new features or services.
We reserve the right to make changes to any Conditions of Use and Service Terms at any time by posting the changes on our website. You will be subject to the Conditions of Use and Service Terms made available on the website at the time that you use Spantik. You may at any time, cease using any Spantik Service, terminate your account or the relevant Spantik Service.
If any of these Conditions of Use is deemed invalid, void, or for any reason unenforceable, that condition will be deemed severable and will not affect the validity and enforceability of any remaining condition.
If you breach these Conditions of Use and we take no action, we will still be entitled to use our rights and remedies in any other situation where you breach these Conditions of Use.
We do not sell products for purchase by children. We sell children's products for purchase by adults. If you are under 18 you may use the Spantik only with the involvement of a parent or guardian.