1. Introduction

1.1. Accepting the Terms

This document and the other documents that we refer to below are the terms and conditions (collectively known as the “Terms”) governing the use of zingmarketplace.com (“Zing Marketplace”).

The Terms set out your rights and responsibilities as a User of Zing Marketplace. Please read these Terms carefully as they constitute a legally binding contract between you and us. By accessing Zing Marketplace you agree to be bound by our Terms and Privacy Policy.

1.2. Definitions

Throughout the Terms when we refer to –

  • ‘us’, or ‘our’, or ‘we’ or similar, we are referring to Electronics Boutique Australia Pty Limited ACN 077 681 442

  • ‘you’ or ‘your’ or similar, we are referring to you as a User of Zing Marketplace

We will also use the following defined terms –

“Australian Law” means principles of law or equity established by decisions of courts, statutes, regulations or by-laws of the Commonwealth of Australia, or any State or Territory of the Commonwealth of Australia or a Government Agency, any requirements and approvals (including conditions) of the Commonwealth of Australia or any State or Territory of the Commonwealth of Australia or a Government Agency that have force of law, to the extent required, by recognising the primacy of Australia Law, the principles of law and equity established by the courts outside Australia.

“Business Day” means a day that is not a Saturday, Sunday, public holiday or bank holiday in Brisbane, Australia.

“Buyer” means a person who browses Zing Marketplace, being a potential buyer of a Product, and also a person who wishes to purchase, or has already purchased, Products from a Seller from an advertisement placed on Zing Marketplace. We may also use ‘you’ or ‘your’ where the context permits.

“Intellectual Property Rights” means all intellectual property rights and proprietary rights (whether registered or unregistered) including copyright, trademarks, patents, moral rights and any other intellectual property right recognised by Australian Law, including but not limited to:

a) graphics programming codes, drawings, computer programs, website
b) business names, company names, product names;
c) any right to have information kept confidential;
d) patent applications, drawings, discoveries, inventions, improvements, trade secrets, technical data, formulae, computer programs, precedent documents, websites, website designs, website design methodology, domain names, domain registration, source codes, site context and design, program backend, HTML front code, adwords, metatags, traffic details, databases, know-how, logos, designs, design rights and client lists;
e) phone numbers, fax numbers, email addresses, directory listings; and
f) Twitter, Facebook, Skype, LinkedIn, Instagram and other social media contact points

“Product” means goods and/or services advertised by or sold on Zing Marketplace.

“Seller” means a person who has Products advertised on Zing Marketplace or proposes to advertise Products on Zing Marketplace. We may also use ‘you’ or ‘your’ where the context permits.

“Users” means anyone using Zing Marketplace for any purpose, including all Sellers and all Buyers.

“Zing Marketplace” means the platform that we provide at zingmarketplace.com to enable Users to list Products for sale.

2. Accounts

2.1. To use Zing Marketplace you are required to set up an account. To set up an account you must comply with the following rules:

a) You must be 18 years or older to use Zing Marketplace. Minors aged between 18 and 13 may only use Zing Marketplace through an account owned by a parent or legal guardian with their permission and under their direct supervision. Children under 13 years of age are not permitted to use Zing Marketplace.

You are responsible for all account activity conducted by a minor on your account.

b) You must provide us with accurate information about yourself. It is prohibited to use false information or impersonate another person or company through your account. All information you provide to Zing Marketplace including registration information, payment information, personal information, and transaction-related information, must be true, accurate and complete. You will be solely responsible and liable for any and all loss, damage, and additional costs that you, us or any other person may incur as a result of you providing any false, incorrect or incomplete information, or if you fail to update your registration information and payment information as soon as reasonably practicable.

c) If you do not use your full name 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.

d) You are solely responsible for the activity on your account. If you choose to share your account with another person or persons then the person whose details are used to create the account will be ultimately responsible for all activity.

e) You must protect your password and ensure your password is secure.

2.2. You authorise us to monitor your use of Zing Marketplace via Google Analytics, including but not limited to the pages you view on Zing Marketplace, the Products you view on Zing Marketplace, the length of time you spend interacting with Zing Marketplace and the devices used to interact with Zing Marketplace in accordance with our Privacy Policy. You may opt out of this feature by emailing us at customer.service@ebgames.com with the subject heading "Opt Out Google Analytics”. We will endeavour to respond within 14 Business Days from receipt of your request.

3. Use of Service

You agree that these Terms and our Privacy Policy will apply whenever you visit Zing Marketplace, or when you use the tools we make available to interact with Zing Marketplace and other Users.

We provide a platform for Users to advertise their Products and for Users to contact one another to facilitate a transaction. We do not assist or facilitate Users with fulfilment, returns, or product defects for Products that are not purchased from us (See Clause 5 for more information about the Products we sell). The facilitation of communication via Zing Marketplace does not make us responsible for any obligations of the Users participating in these transactions.

3.1. Licence to Use Zing Marketplace

We grant you a limited, non-exclusive, non-transferable, and revokable licence to use Zing Marketplace, subject to our Terms and the following restrictions:

a) You agree you will not violate any laws or Australian Law in connection with your use of Zing Marketplace. It is your responsibility to obtain any permits or licenses that your listing requires. You must not sell anything that violates any law or Australian Law and you must not engage in fraud (including false claims or infringement notices), theft, anti-competitive conduct, threatening conduct, or any other unlawful acts or crimes against Zing Marketplace, our Users, or a third party.

b) You are responsible for paying all fess that you owe to us. You are solely responsible for collecting and/or paying any applicable taxes for any purchases or sales you make that are facilitated by Zing Marketplace.

c) You agree to not crawl, scrape, or spider any page of Zing Marketplace or to reverse engineer or attempt to obtain the source code of Zing Marketplace. The framing, mirroring, scraping or data-mining of Zing Marketplace or any of its content in any form and by any means is prohibited. You may not use any collaborative browsing or display technologies in connection with your use of Zing Marketplace or to post comments or any other information of any kind to or on Zing Marketplace.

d) You agree not to interfere with or try to disrupt Zing Marketplace (for example, distributing a virus or other harmful computer code).

3.2. Ordering Restricted Goods

“Restricted Goods” means products which are only intended to be viewed, played, listened to or otherwise utilised by a person of at least a certain age.

Sale of Restricted Goods is subject to various Australian Laws. By placing an order for any Restricted Goods you warrant to us that you are:

a) 18 years of age or older, where you order products that are classified R18+;
b) 15 years of age or older, where you order products that are classified MA15+.

When placing an order for Restricted Goods you warrant that you are not obtaining the Restricted Goods on behalf of a person that is not eligible to purchase the Restricted Goods themselves.

We may request Commonwealth, State, or Territory issued identification from you to verify your eligibility to order Restricted Goods.

4. Sellers

4.1. By placing and advertisement on Zing Marketplace, you accept and must conduct yourself in accordance with these Terms. It is your responsibility to ensure you comply with these Terms and Australian Law.

4.2. You must have clear legal title and ability to sell Products you advertise on Zing Marketplace in accordance with Australian Law.

Fees and Payment

4.3. In consideration for providing Zing Marketplace to you as a place to advertise your Product (and in accordance with these Terms), you will pay us a fee as set out below (‘Fee’) –

$0 - $100 = $2.95

$101 - $500 = $9.95

$501 and above = $49.95

4.4. The Fee will be payable by you at the time of listing for advertisement on Zing Marketplace. You acknowledge your advertisement will not be live on Zing Marketplace and viewable by Users until the Fee is received by us.

4.5. Your advertisement will be available for sixty (60) days from the date the advertisement is live on Zing Marketplace. After sixty (60) days your advertisement will expire and be removed from Zing Marketplace.

4.6. Any Fee for charged by us is subject to review and change, without the requirement to notify you unless otherwise specified in these Terms.

Your Content

4.7. The content that you post to Zing Marketplace is your content (“Your Content”). We do not make any claim to Your Content.

4.8. You are solely responsible for Your Content. You represent that you have all necessary rights to Your Content and that you are not infringing or violating any third party’s rights by using it.

4.9. By posting Your Content, you grant us a non-exclusive, worldwide, royalty-free, irrevocable, sub-licensable, perpetual license to use, display, edit, modify, reproduce, distribute, store, and prepare derivative works of Your Content. This allows us to provide Zing Marketplace and to promote Zing Marketplace, in any formats and through any channels, including across any of our platforms, 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 license, to the extent Your Content contains any personal information.

4.10. You agree that you will not post any content that is abusive, threatening, defamatory, obscene, vulgar, or otherwise offensive, or any part of our Terms.

Reporting Unauthorised Content

4.11. If you believe there is content on Zing Marketplace which infringes Intellectual Property Rights, you may fill out the site Feedback form to report the content.

4.12. We will review the disputed content and decide on its acceptability in our sole discretion.

4.13. You acknowledge we are under no obligation to remove or otherwise deal with disputed content.

Content of Advertisements

4.14. All advertisements on Zing Marketplace must relate to pop culture items, collectibles, merchandise, retro gaming, trading cards, and figurines. We may reject advertisements, at our sole discretion, that are not relevant to these areas of interest. We reserve the right to cancel and/or amend such advertisements without notice and without refund of any fees paid by you.

4.15. We may withdraw or alter the advertisement or material you send us if it is deemed to be inappropriate, incorrect, or not in keeping with Zing Marketplace’s style standards and tone.

4.16. Advertisements on Zing Marketplace may only include text descriptions, graphics, pictures, and other content relevant to the sale of that particular Product.

4.17. By submitting information or content to Zing Marketplace that you have no Intellectual Property Rights in, it is your responsibility to gain permission from the original owner of that information. We may require production of evidence from you confirming your authority to use the Intellectual Property.

4.18. Any phone numbers provided for advertisement must be yours as officially ascribed to you by a telecommunications business or you must have permission and authority to use such phone numbers.

4.19. We reserve the right to verify the availability of items offered for sale and to verify the information contained in any advertisement by requiring the Seller to provide acceptable evidence of the availability of the item(s) for sale. You agree to provide such additional information as we reasonably require. Failure to comply may result in your account being suspended or cancelled and/or removal of the advertisement.

4.20. Sellers must not post/submit illegal, prohibited, or offensive content to Zing Marketplace and must not use derogatory terms on Zing Marketplace. We reserve the right to immediately cancel and remove from Zing Marketplace any advertisement which is deemed by us (in our sole discretion) to contain illegal or prohibited content, derogatory, or offensive terms without notice or refund of any fees paid by you.

4.21. Sellers may not include political, religious or controversial material on any advertisement or part of Zing Marketplace. We reserve the right to immediately cancel and remove, without notice or refund of any fees paid by you, from Zing Marketplace, any advertisement which is deemed by us (in our sole discretion) to contain such content.

4.22. Sellers must not use Zing Marketplace to promote any Products not permitted to be sold on Zing Marketplace nor advertise hyperlinks directing Buyers to other websites.

5. Products We Sell

5.1. We may, from time to time, list our own Product on Zing Marketplace for sale. For Products we sell, and to the extend required, the Australian Consumer Law as set our in Schedule 2 of the Competition and Consumer Act 2010 (Cth) is read into these Terms.

5.2. Standard delivery times for Products purchased directly from us on Zing Marketplace are between 2 and 10 Business Days. How soon you receive the Product(s) depends on the shipping method you have chosen. Zing Marketplace ships through the Australia Post eParcel service, and you may choose Standard or Express Shipping, at the charges shown in the checkout.

5.3. Advertisements on Zing Marketplace by us are invitations to you to purchase Products and are not offers to sell. Your properly completed and delivered order information constitutes your offer to purchase the Products referenced in your order. Your order will be deemed to be accepted only if and when we send an email shipping notice to your email address. That shipping and payment notice email constitutes our acceptance of your order and forms a legally binding contract between you and us. The total price of your order will be charged to your nominated method of payment when our shipping and payment notice email has been sent to your email address.

6. Termination

6.1. Termination by You

You may terminate your account with Zing Marketplace at any time from your account settings. Terminating your account will affect the availability of Your Content that you posted to Zing Marketplace prior to termination. You will still be liable for any Fees outstanding at the time of termination.

6.2. Termination by Us

We may terminate or suspend your account (and any accounts we determine are related to your account) and your access to Zing Marketplace should we (in our sole discretion) believe you, Your Content, or your use of Zing Marketplace violates our Terms. If we do decide to terminate your account you will have no legal or contractual right to continue to use Zing Marketplace. Generally, we will notify you that your account has been terminated or suspended, unless you have repeatedly violated our Terms or we have legal or regulatory reasons preventing us from notifying you.

If your account is terminated, you may lose any information associated with your account, including Your Content.

6.3. No Obligation to offer Zing Marketplace

We reserve the right to change, suspend, or discontinue Zing Marketplace at any time, for any reason. We will not be liable to you for the effect that any changes to Zing Marketplace may have on you, including your income or your ability to generate revenue through the Zing Marketplace.

6.4. Survival

The Terms will remain in effect even after your access to Zing Marketplace is terminated, or your use of Zing Marketplace ends.

7. Intellectual Property

7.1. Zing Marketplace (including all content, graphics, and other Intellectual Property and elements incorporated into Zing Marketplace) is our property and/or others, and is protected by Australian and international copyright, trademark and other laws. Your use of Zing Marketplace does not transfer to you any ownership or other rights in Zing Marketplace, its content, or our Intellectual Property.

8. Cookies

8.1. Cookies are small pieces of information that your browser stores on your computer hard drive.

8.2. We use cookies to provide you site usage information as well as to assist us to improve and develop the products and services we offer. Our cookies do not contain any personal identifiable information.

8.3. If you disable cookies on your web browser, you may not be able to fully experience all features of Zing Marketplace.

9. Privacy Policy

9.1. We collect, uses and discloses personal information in accordance with our Privacy Policy. By accepting these Terms, and each time you use Zing Marketplace, you consent to our collection, use and disclosure of any personal information you have provided in accordance with our Privacy Policy.

10. Warranties and Limitation of Liability

10.1. Items You Purchase

You understand that we do not manufacture, store, or inspect any of the items sold through Zing Marketplace by independent Sellers. We provide the platform only. The items in our marketplaces are produced, listed, and sold directly by independent Sellers, so we cannot and do not make any warranties about their quality, safety, or even their legality. Any legal claim related to an item you purchase must be brought directly against the Seller of the item. You release us from any claims related to items sold through Zing Marketplace, including for defective items, misrepresentations by Sellers, or items that caused physical injury.

10.2. Content You Access

We make no representations concerning any content posted by users through Zing Marketplace. We are not responsible for the accuracy, copyright compliance, legality, or decency of content posted by Users that you accessed through Zing Marketplace. You release us from all liability relating to that content.

10.3. People You Interact With

You can use Zing Marketplace to interact with other Users, either online or in person. You understand that we do not screen Users and you release us from all liability relating to your interactions with other Users. Please be careful and exercise caution and good judgment in all interactions with others, especially if you are meeting someone in person.

10.4. Third-Party Services.

Zing Marketplace may contain links to third-party websites or services that we do not 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. We are not a party to those agreements; they are solely between you and the third party.

10.5. Warranties

You understand that our services are provided “as is” and 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:

a) Zing Marketplace will be secure or available at any particular time or location;
b) any defects or errors will be corrected;
c) Zing Marketplace will be free of viruses or other harmful materials; or
d) the results of using Zing Marketplace will meet your expectations. You use the services solely at your own risk.

10.6. Liability limits

To the fullest extent permitted by law, neither us, nor our employees or directors 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 Zing Marketplace or these Terms. In no event shall our aggregate liability for any damages exceed the greater of fifty ($50) Australian Dollars (AUD) or the amount you paid us in the past twelve months.

11. Indemnification

11.1. You must defend us (including any of our employees) and hold us harmless from any legal claim or demand (including reasonable lawyer’s fees) that arises from your actions, your use (or misuse) of Zing Marketplace, your breach of the Terms (or any other policies or rules we implement from time to time), or you or your account’s infringement of someone else’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.

12. Disputes

12.1. Disputes With Other Users

a) If you have a dispute with another User or third party, we encourage you to contact the other party and ty to resolve the dispute amicably.

b) If you are unable to resolve your dispute you may contact us by filling out our Buyer/Seller Feedback Form. We will attempt to help you resolve disputes in good faith and based solely on our interpretation of our policies in our sole discretion.

c) We will not make judgments regarding legal issues or claims, and you acknowledge we have no obligation to resolve any disputes you have with other Users or third parties.

12.2. Disputes With Us

a) If you have a dispute with us about an item you have purchased directly from us, please contact our customer service team at customer.service@zingmarketplace.com. Disputes are subject to the governing laws in clause 14.7 below.

b) We will attempt to help you resolve disputes in good faith and based solely on our interpretation of our policies in our sole discretion.

12.3. Release

You release us from any claims, demands, and damages arising out of disputes with other Users or third parties.

13. General

13.1. Good Business Practices

All Users of Zing Marketplace must comply with all relevant Australian Laws that apply to any transaction that you are involved in (whether directly or indirectly).

13.2. Currency

All transactions are processed in Australian dollars (AUD).

13.3. We are not a Party to Transactions Between Users

We are not a party to any contract between a Buyer and a Seller on Zing Marketplace. To the extent that the law allows, there is no deemed association between a number of separate contracts.

13.4. Separate Contracts

Each purchase by a Buyer from a Seller facilitated by Zing Marketplace constitutes a separate contract between the Buyer and the Seller.

13.5. Relationship of Parties

These Terms do not create any agency, partnership, joint venture, employment, or franchisee relationship between you and us.

13.6. Changes to the Terms

We may update these Terms from time to time. If we believe that the changes are material, we will notify you by posting the changes on Zing Marketplace and/or sending you an email about the changes. Changes will be effective upon the posting of the changes unless otherwise specified. You are responsible for reviewing and becoming familiar with any changes and deciding whether you want to continue to use Zing Marketplace. Your use of Zing Marketplace following the changes constitutes your acceptance of the updated Terms.

13.7. Governing law

These Terms, your access to and use of Zing Marketplace, and all related matters are governed solely by the laws of Queensland, Australia and applicable federal laws of Australia. Any dispute between you and Zing Marketplace or any other person arising from, connected with or relating to Zing Marketplace, these Terms, or any related matters (collectively “Disputes”) will be resolved before the Courts of Queensland, sitting in Brisbane, and you hereby irrevocably submit and attorn to the original and exclusive jurisdiction of those courts in respect of all Disputes.

13.8. Overseas users

Zing Marketplace may be accessed by Users from Australia and from overseas. We make no representation that Zing Marketplace complies with the laws of any country outside of Australia. If you access Zing Marketplace outside of Australia, you do so at your own risk.

13.9. Other

The Terms, including all of the policies that make up the Terms, supersede any other agreement between you and us regarding Zing Marketplace. If any part of the Terms is found to be unenforceable, that part will be limited to the minimum extent necessary 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.

13.10. Contact Details

If you have any questions about the Terms or any of our other policies, please email customer.service@zingmarketplace.com.