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Traditional Garments
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Terms and conditions
Last updated 22/10/2024
AGREEMENT TO OUR LEGAL TERMS
We are Expaio E-Commerce, doing business as Expaio E-Commerce ("Company," “we,” “us,” or “our”), a company registered in Australia at Auburn, NSW, Australia-2144. [Our VAT number is [Number].
We operate the website www.expaio.com (the “Site”), the mobile application www.expaio.com/app (the “App”), and any other related products and services that refer to or link to these legal terms (the “Legal Terms”) (collectively, the “Services”).
These Terms constitute a legally binding agreement between you, whether personally or on behalf of an entity (“you”), and the Expaio E-Commerce website, concerning your access to and use of the Services. By accessing the Services, you acknowledge that you have read, understood, and agreed to be bound by these Legal Terms. IF YOU DO NOT AGREE WITH THESE LEGAL TERMS, YOU ARE EXPRESSLY PROHIBITED FROM USING THE SERVICES AND MUST DISCONTINUE USE IMMEDIATELY.
Supplemental terms or documents posted occasionally on the Services are incorporated by reference. We reserve the right to modify these Legal Terms at our sole discretion, and we will notify you by updating the “Last updated” date. It is your responsibility to review these Legal Terms periodically. Continued use of the Services after such changes constitutes acceptance of the revised Legal Terms.
Legal Compliance:
1. Compliance with Laws: Users of our services must comply with all applicable Australian Consumer laws, international e-commerce laws, and relevant data protection regulations. That includes compliance with consumer protection laws, privacy standards, and electronic transaction laws.
2. Age Requirement:
. Users must be 18 or over 18 years old to register for or use the services.
. Minors (under 18) must have explicit permission from their parent or guardian and have to use the services under direct supervision. The parent or guardian must agree to these legal terms on behalf of the minor.
3. User Responsibility. It is your responsibility to stay updated on any changes to legal terms to ensure their compliance with local laws where they reside.
Table of Content
1. Our services
2. Registration
3. Products
4. Purchasing and Payment
5. Order Fulfilment and Shipping
6. Return/Refund Policy
7. Return Process
8. Return Conditions
9. Refund Process
10. Exceptions
11. Customer Responsibility
12. Customer Communication
13. Product Quality and Compliance
14. Customer Review and Feedback
15. Prohibited Items and Activities
16. Prohibited User Conduct
17. Currency Exchange and Market Fluctuation
18. General Terms / Website Content
19. Intellectual Property
20. Mobile Application License
21. Apple and Android Devices
22. Link to Third Party Websites
23. Advertisements
24. Privacy Policy
25. Limitation of Liability
26. Account Security
27. Account Suspension
28. Indemnification
29. Correction
30. Terms and Termination of Account
31. duration of Terms and Conditions
32. Contact Us
1. Our Services
License to Use Our Services. We grant you a limited, non-exclusive, non-transferable, and revocable license to use our Services – subject to the Terms and following restrictions:
1. Don’t use our services to break the law. You agree that you will not violate any laws regarding your use of our services including any local, state, and international laws that may apply to you.
2. You may not engage in fraud, theft, anti-competitive conduct, threatening conduct, or any other illegal activities against Expaio.
3. Paying your dues. You are responsible for paying all dues including taxes, any purchases or sales you make through our services. Where applicable, Expaio will calculate, collect, and remit value-added taxes or VAT or other terms like Goods and Services Tax (GST). Expaio will collect Fees if you’re making sales through our website and app.
4. Don’t steal our stuff. You agree not to crawl, scrape, or spider any page of the services or reverse engineer or attempt to obtain the source code of the services (including both expaio Intellectual Property and Seller Content) without our express permission.
5. Don’t try to harm our systems. You agree not to interfere with or try to disrupt our services, such as distributing a virus, excessive requests to our site or platform, or other harmful computer code.
6. Please follow our Trademark Policy. You may not use the name Expaio or any of our Expaio Marks, phrases, logos, and designs related to our Services, trademarks, and service marks.
7. Share your Ideas. We love your suggestions and ideas! They can help us improve your experience and our Services. Any ideas or materials you send to Expaio (not including your content or items you sell through our services) are considered non-confidential and non-proprietary to you. You grant us a non-exclusive, worldwide, royalty-free, irrevocable, sub-licensable, perpetual license to use and publish for any purpose, without compensation.
8. Talk online with us. We provide certain legal information in writing. By using our services, you agree to our Electronic Communication Policy. This policy explains how we provide information to you and how we send it electronically.
9. Restriction of Access. At our sole discretion, we may refuse, limit, or restrict access to the Services without prior notice or liability. This may include disabling or limiting access to user contributions or any content that violates our terms or poses risks to the platform.
10. Content Removal. We may remove or disable any files, data, or content that is too large, outdated, or harmful to the platform. We do this without giving prior notice or taking on any responsibility.
11. Platform Management: Manage and operate the services in a way that protects our legal rights, ensures smooth operations, and provides a secure environment for all users and sellers to list, buy, and sell products.
2. Registration
You might need to sign up or create an account to utilize our Services. By doing so, you agree to:
1. Keep your password private.
2. Be 18 years or older.
3. Provide accurate and honest information about yourself.
You are responsible for everything that happens with your account and password. We will change or remove your username if we find it inappropriate, offensive, or unacceptable.
3. Products
Expaio is a Marketplace platform for selling products, whether made, designed, handpicked, or sourced from third-party manufacturers and distributors by us or our Seller Partners. The following terms apply to product listings, whether from Us or our Seller Partners:
1. Product Accuracy: We make every effort to ensure that product descriptions, features, and specifications are accurate. However, we do not guarantee that the colours, features, or details displayed will be exact due to potential differences in electronic displays. Additionally, all products are subject to availability, and we cannot guarantee that all items will be in stock.
2. Clear Descriptions. Sellers must give clear and accurate product descriptions. These descriptions should explain how the product works, how to use it, and what features it has.
3. Specifications: All technical specifications listed on product pages must accurately represent the actual attributes of the product.
4. Variations: When applicable, sellers should specify and display product variations, such as size, colour, or model.
5. Product Images: You must use high-quality and accurate images to show your products on the Expaio Marketplace. Do not use misleading or incorrect images on Expaio. We cannot guarantee that the images we or Sellers post on Expaio for sale will match the quality standards.
6. Multiple Angles: When possible, provide images showing various angles of the product to enhance customer understanding.
7. Real-Time Stock Updates: We and our seller partners provide real-time updates on stock availability to avoid miscommunication and potential order issues. However, we cannot guarantee that all items will be in stock.
8. Out-of-Stock Notifications: Users will receive immediate notifications if a product is no longer available after they place an order.
9. Price Changes: Prices are subject to change without notice.
4. Purchasing and payments
Price and Accuracy. All prices can change without prior notice, and we may adjust them when necessary. Prices must accurately represent the product's cost, including discounts or promotions. As a seller partner, you should communicate these.
Payment and Processing. We use secure third-party payment providers for all transactions. Sellers must adhere to our payment processing guidelines. We are not responsible for payments made outside the platform, such as through external ads or third-party websites.
Accepted Payment Methods
We accept the following payment methods:
• Google Payment
• Debit/Credit Cards
• PayPal
• Expaio Wallets
Customer Responsibility. Buyers must provide accurate and current information when purchasing goods from our website, such as payment details, email addresses, and shipping addresses. It helps to ensure orders are processed correctly. Customers are entitled to pay any applicable sales tax at the time of purchase.
Shipping and Charges. Buyers are responsible for paying any applicable shipping fees. You agree to let us charge your chosen payment method for your order and shipping fees when you place an order.
Pricing Errors. We reserve the right to correct errors, even if payment has been requested or received.
Order Limitation. We reserve the right to refuse or cancel orders at our discretion. We may limit quantities or prohibit orders that seem intended for resale or distribution. This includes restricting orders using the same account, payment method, or shipping address.
5. Order Fulfilment and Shipping
We strive to fulfil orders promptly; however, we are not responsible for delays beyond our control, such as courier or customs delays. Expaio is not responsible for fulfilling and shipping products we do not sell or goods sold by our seller partners or other third-party websites.
1. Order Fulfilment. We will fulfill orders within the timeframe stated in the product description. If there are any delivery delays, we or our sellers will inform buyers promptly. Buyers can track their orders and communicate about their order status. We are not responsible for delivering goods purchased from our seller partners or other websites that are not processed through our website.
2. Shipping Information: Sellers who create accounts are responsible for providing accurate shipping details, including estimated delivery times. These details must be visible to buyers before they finalize their purchase.
3. Shipping Costs: All sellers are entitled to communicate shipping costs, including any additional fees, before purchase completion. No extra charges are allowed beyond those specified in the product description. The company is not liable for any payments made outside of what is stated on the platform.
4. Money Handling: We hold your payment until the goods are delivered to protect the buyer's rights. If the seller cannot dispatch the goods (e.g., due to being out of stock), you can contact the seller through Order Status, email, or other methods. If the goods are not delivered, the buyer can file a claim to get the initial payment refunded.
6. Returns and Refunds Policy
1. Defective or Damaged Products. Customers may be eligible for a return or refund if the product is defective, damaged, or significantly different from the product description. Return or refund claims must be submitted within 30 days of receiving the product, along with photographic evidence.
2. Quality Concerns. If the product does not meet the customer’s expectations for quality, workmanship, or materials, the buyer may claim a return or refund. The item must be in its original condition with all packaging and tags intact. Returns for quality issues must be requested within 30 days of receiving the item.
3. Incorrect Item Received. If the product you received is not what you ordered (wrong item, colour, or size), you can claim a return or a refund. The platform covers return shipping costs in such cases.
4. Goods & Services Not Shipped. If an item is out of stock or unavailable after the order has been placed, the full amount will be 100% refundable. Refunds will be processed within 5-10 business days based on the original payment method.
5. Delayed Order Updates. If the order status has not been updated within 14 days of purchase, customers are entitled to claim a full refund of the order value (excluding shipping costs) of the request.
6. Non-Delivery of Items. If an item does not arrive within the estimated delivery time, customers should contact the seller through the website or app’s order status to resolve the issue. If non-delivery is confirmed, a refund of the entire order value, including shipping charges, will be issued.
7. Items Not Accepted at Delivery. Refusal to accept the delivery at the doorstep does not qualify for a refund unless the product is proven damaged, defective, or incorrect upon delivery.
8. Refund Process Timeline. Refunds will be issued to the original payment method used during checkout, typically within 5-7 business days after the product has been returned and inspected.
9. Conditions for Returned Items:
• All returned items must be in original condition, unused, and returned with the original packaging and tags.
• If the product is returned in unsatisfactory condition, the return request made by the customer may be denied, and the item will be returned to the customer.
10. Non-Refundable Products: Certain products, such as intimate apparel, perishables, or customized goods, may not be eligible for returns or refunds. This policy will be indicated on the product page before purchase.
11. Exceptions to the Refund Policy. Sale items or products purchased during discount campaigns are non-refundable unless defective or incorrect upon arrival.
12. Customer Support for Disputes. If a dispute arises between customer and seller, customers can contact customer support within 30 days of purchase. The platform will investigate and respond to all claims promptly.7. Return Process
1. Notification
• Customers must notify us of their intention to return a product within 30 days of receiving the item.
• Return Claim with its reason must be submitted via our designated channels (email, web form, app, or customer support).
• Returns requested after this period may not be eligible unless there are exceptional circumstances such as product defects or legal obligations.
2. Return Authorization
• Upon receiving a return request, we will review and approve eligible returns based on the following conditions:
* The item must be unused, undamaged, and in original packaging with all tags.
* For defective, damaged, or incorrect items, photographic evidence may be required.
• If the return is authorized, the customer will receive a Return Merchandise Authorization (RMA) number.
• We will not accept returns for items that show signs of use or items that are on sale.
3. Return Instructions
• Customers will provide detailed return instructions, including the return address and any necessary shipping labels.
• Return shipping costs are the customer’s responsibility, except for damaged or incorrect items.
• International returns should adhere to customs requirements to avoid delays or additional fees.
4. Refunds and Processing
• Once the product is received and inspected, refunds will be issued to the original payment method within 5-10 business days.
• Shipping costs are generally non-refundable unless the item is defective or incorrect.
5. Compliance with Australian and International Rules
• This policy follows Australian Consumer Law (ACL). You can return products that are faulty, unsafe, or not as described on the product page.
• For international orders, we follow best practices to ensure smooth cross-border returns by providing clear instructions and minimizing disputes
8. Return Conditions
1. Original Packaging
• You need to return products in their original packaging. This includes all tags, labels, and accessories that came with the product.
• Items without original packaging or missing parts may not qualify for a refund or exchange.
2. Unused and Unaltered
• Products must be unused, unwashed, and unaltered, maintaining the same condition as when received.
• Items showing signs of use, damage, or alteration will not be accepted unless faulty.
3. Return Shipping
• Customers are responsible for return shipping costs, except in cases where the return is due to our error (e.g., incorrect or damaged item shipped).
• For international returns, customers must follow customs and shipping requirements to avoid delays and additional fees.
4. Faulty or Defective Items
• Under Australian Consumer Law (ACL), if a product is faulty, unsafe, or not as described, customers are entitled to a repair, replacement, or refund without any return shipping costs.
• We comply with international e-commerce laws to ensure a smooth return process for cross-border customers
9. Refund Process
1. Refund Authorization.
• Once the returned product is received and inspected for eligibility, we will authorize the refund.
• If the product does not meet return criteria (e.g., damaged, used, or incomplete), we reserve the right to decline the refund.
2. Refund Method.
• Refunds will be processed using the same payment method used for the original purchase.
• Depending on the payment provider, it may take 3 to 5 business days for the refund of payments to reflect in the customer’s account.
3. Non-Refundable Items
• Items like gift cards, downloadable software, and perishable or personalized goods cannot be refunded unless they are faulty when delivered.
• As per Australian Consumer Law, faulty or misrepresented products must be refunded or replaced, even if classified as non-refundable.
10. Exceptions
1. Final Sale Items. Products marked as final sale are not eligible for returns or refunds. This policy will be communicated at the point of purchase to ensure transparency between buyer and seller.
. Personalized or Custom-Made Items. Tailor-made products (such as clothing designed to the customer’s preferences) or customized items are non-returnable, as they are unique and unsuitable for other buyers.
4. Hygiene Products. Personal care and intimate products, such as underwear and cosmetics, cannot be returned once their packaging has been opened or tampered with. This policy is in place to comply with health and hygiene regulations and ensures compliance with health regulations.
5. Perishable Items. Perishable goods (e.g., food, flowers) are non-returnable due to their limited shelf life and the inability to resell them safely.11. Customer Responsibilities
1. Accurate Information
Customers are asked to provide accurate and complete information when initiating a return request to ensure smooth processing and compliance with e-commerce regulations.
2. Timely Returns
Customers must ship the returned product within 30 days of receiving the return authorization. Late returns may not be eligible for a refund or exchange, as per consumer protection policies.
3. Contact Information
For any inquiries or concerns about the return and refund process, customers can contact customer service at [email protected]. Clear communication ensures compliance with Australian and global customer service standards.
12. Customer communication
1. Communication Channels. Expaio uses multiple channels such as email, in-app notifications, and platform messages to communicate with customers and sellers.
2. Transactional Notifications. Users agree to receive essential account-related messages, including order confirmations, shipping updates, and other critical transactional communications.
3. Promotional Communications. Users may receive newsletters and special offers if they opt-in. Preferences can be managed through their account settings, or by following unsubscribe instructions within each message.
4. Unsubscribing from Promotions. Users can opt out of promotional emails at any time, by updating preferences in their account settings or clicking the unsubscribe link in the communication.
5. Critical Announcements. Expaio may send critical service updates, alerts, or platform changes, which users will receive regardless of their promotional preferences.
6. Customer Support Channels. Users can contact Expaio support via email, live chat, or phone to resolve inquiries, disputes, or issues promptly.
7. Accurate Contact Information. Users must provide accurate, up-to-date contact information to receive communications and ensure smooth issue resolution.
8. Security Communications
In case of potential security issues such as unauthorized account access, Expaio will contact users directly to address the concern.
9. Language Preferences
Where feasible, communications will be provided in the user’s preferred language, though English may be the default language.
13. Product Quality and Compliance
1. Quality Control and Reliability
Our products/services undergo rigorous control measures to maintain consistency, reliability, and high standards.
2. Warranties and Guarantees
Where applicable, we offer warranties or guarantees. Please refer to specific product/service descriptions for details.
3. Returns and Refund Policy
If products/services do not meet your expectations or are defective, please consult our Returns and Refund Policy for details on conditions and processes.
4. Customer Satisfaction
We are committed to addressing customer concerns promptly and effectively to ensure satisfaction.
5. Compliance with Stand
Our products and services comply with relevant industry standards and local, national, and international regulations, including ISO frameworks where applicable.
6. Legal Compliance
Expaio operates by all Australian and international laws, ensuring compliance across jurisdictions.
7. User Responsibility
Users must ensure their platform activities align with applicable laws. Fraud, money laundering, or any illegal activities are strictly prohibited.
8. Intellectual Property Rights
Expaio respects and protects intellectual property rights and expects users to avoid infringement.
9. Data Protection and Privacy
o We adhere to all data protection laws. Please review our Privacy Policy for more information on data handling.
10. Export Control and Sanctions
• Users must comply with export control laws and economic/trade sanctions. Non-compliance may result in account restrictions or termination.
11. Age Restrictions
• Expaio services are intended for users aged 18 and above.
12. AML & KYC Procedures
• We have implemented Anti-Money Laundering (AML) and Know Your Customer (KYC) procedures. Users may need to provide identification to meet compliance requirements.
13. Policy Updates and User Notification
• Expaio reserves the right to update policies and services to stay compliant with changing laws. Users will be notified of any significant changes.
14. Dispute Resolution
• Disputes will be resolved by the Dispute Resolution section of our Terms and Conditions.
14. Customer Reviews and Feedback
We may provide areas on our platform for users to leave reviews or ratings. Feedback helps maintain transparency and trust. By participating in the review process, you agree to the following terms:
1. Genuine Feedback
Provide honest reviews based on your personal experience with products or services.
2. No Manipulation
Any manipulation, fabrication, or incentivization of reviews (e.g., fake reviews) is strictly prohibited.
3. Respectful Language
Offensive, abusive, racist, or hateful language will not be tolerated.
4. Dispute Resolution
In disputes, we encourage constructive communication between buyers and sellers to resolve issues.
5. Mediation
We may intervene to mediate disputes, and users are required to cooperate with the mediation process.
6. Moderation of Reviews
We reserve the right to moderate, edit, or remove reviews that breach guidelines or contain inappropriate content, including personal attacks or false information.
7. No False Accusations
Reviews making false claims or unfairly harming a seller’s reputation may be removed.
8. Privacy and Personal Information
Users must avoid posting personal information (such as contact details) and respect the privacy of others.
9. Prohibited Content
Reviews should not reference illegal activity, discriminatory remarks, or false and misleading statements.
10. Competitor Affiliation
• Individuals affiliated with competitors are prohibited from posting negative reviews.
11. Campaigns for Reviews
• Organizing or encouraging campaigns to post reviews—whether positive or negative—is not allowed.
12. Liability and Rights
• Reviews are the opinions of individual users and do not reflect our views or the views of our partners. We are not liable for any claims, losses, or disputes from reviews.
13. License Grant
• By posting a review, you grant us a worldwide, non-exclusive, perpetual, royalty-free license to reproduce, modify, and distribute the content as needed.
14. Review Screening
• We may accept, reject, or remove reviews at our discretion, even if a review is deemed objectionable by others.
15. Prohibited Items and Activities
1. Illegal Items:
Selling stolen goods, counterfeit items, or anything violating local, national, or international laws is strictly forbidden.
2. Restricted Items:
Items subject to legal restrictions or requiring special permits (e.g., alcohol, or tobacco) must comply with applicable laws. Sellers are responsible for understanding and meeting all regulatory requirements.
3. Hazardous Materials:
Weapons, firearms, ammunition, explosives, and related accessories are not allowed to list for sale on the platform.
4. Drugs and Pharmaceuticals:
Prescription medications, illegal drugs, and unauthorized pharmaceuticals are strictly prohibited.
5. Adult Content:
Explicit adult materials, services, or obscene content of any kind are banned.
6. Fraudulent Activities:
Identity theft, credit card fraud, deceptive practices, and attempts to scam users or the platform are strictly prohibited.
7. Harassment and Hate Speech:
Discrimination, hate speech, harassment, or abusive behaviour against any user or group is prohibited.
8. Intellectual Property Violations:
Users must not sell or promote items that infringe on third-party copyrights, trademarks, or patents.
9. Unauthorized or Illegal Services:
Hacking services, blackmail, and illegal financial activities are banned. Uploading viruses, malware, or spamming content that disrupts the platform is prohibited.
10. Misleading Information:
• False or deceptive claims regarding products, services, or seller identities are strictly prohibited.
16. Prohibited User Conduct
1. Data Scraping or Unauthorized Collection:
Collecting user data (e.g., emails, mobile, addresses, and names) or content without permission is forbidden. Users must not compile, distribute, or publish platform data without consent.
2. Security Interference:
Circumventing security measures, exploiting system vulnerabilities, or interfering with the platform’s functionality is prohibited.
3. Automated Use of the System:
Users must not use bots, scripts, or data mining tools to interact with the system, and may not engage in unauthorized automation.
4. Impersonation or Misuse of Identity:
Impersonating another user, creating fake accounts, or misrepresenting personal identity is strictly prohibited.
5. Unauthorized Linking or Framing:
Unauthorized framing or deep linking to the platform is not permitted.
6. Bypassing Access Controls:
It is strictly forbidden to try to bypass or disable security measures to access restricted parts of the platform.
7. Threatening Staff and Agents:
Harassment or threats against employees or agents providing platform services are strictly prohibited.
8. Unauthorized Software Use:
Users may not reverse-engineer, disassemble, or copy the platform’s software or proprietary content.
9. Spyware and Tracking Mechanisms:
Uploading or transmitting spyware, cookies, or tracking tools without consent is prohibited.
10. Abuse of Platform Services:
• Users must not misuse reporting systems, file false reports, or make improper use of support services.
11. Harming Platform Reputation:
• Users must not disparage or harm the Platform's reputation through malicious actions or false claims.
12. Legal Compliance:
• All activities on the platform must align with applicable Australian and international e-commerce laws and regulations.
17. Currency Exchange and Market Fluctuations
1. Exchange Rate Variations: the refund amounts may differ from the original transaction value due to real-time changes in currency exchange rates and market fluctuations. Users agree to accept these variations as part of the transaction process.
2. User Acknowledgement: By using the website, users acknowledge that refunds or payments may differ from initial amounts due to exchange rate fluctuation at the time of refund processing.
3. Dynamic Transaction Limits: Currency exchanges processed through the platform may be subject to transaction limits that are influenced by market conditions and regulatory requirements.
4. Market Events Impact: Unforeseen events such as economic crises, currency volatility, or geopolitical issues, may occasionally affect transaction limits, currency availability, and refund processing times.
General Terms
18. Website Content
While using our services, you may come across content that you find offensive or inappropriate. We do not make any guarantees about the content posted by users. Expaio is not responsible for the accuracy, legality, or decency of any user-generated content, and by using our services, you release us from all liability regarding it.
Accuracy of Information
We strive to keep the information on our website accurate and up-to-date. However, we do not guarantee the accuracy, completeness, or reliability of details such as product descriptions, prices, or availability. Please verify any information before making a decision.
Content Updates
We may modify, update, or remove content on our website without prior notice, either our own published or your content as our seller partners. That includes product listings, descriptions, prices, and availability. It’s your responsibility to stay informed about these changes. Your contents as sellers
1. Your Content: Everything you post using Expaio’s Services is considered "Your Content" (e.g., shop names, profile pictures, listings, reviews, comments, etc.). Expaio does not claim ownership of Your Content.
2. Responsibility for Your Content: You are solely responsible. You guarantee that you have all necessary rights to post Your Content and that it does not infringe on any third-party rights.
3. Permission to Use Your Content: By posting Your Content on Expaio, you grant Expaio and third parties (authorized by Expaio) permission to use it to help Expaio operate and grow. We don’t claim ownership but may use it to promote Expaio and your shop.
4. Rights You Grant Expaio: By posting Your Content, you give Expaio and third parties a non-exclusive, worldwide, royalty-free, irrevocable license to use, edit, display, reproduce, and distribute it. That allows us to provide our services and promote your shop and Expaio. We may also adapt your content (e.g., resize photos for mobile or translate descriptions).
5. Reporting Unauthorized Content: If Your Content infringes on someone else’s intellectual property, Expaio will take appropriate actions, such as removing or disabling it. If someone posts your content without permission, you can report it by following our Intellectual Property Policy.
6. Inappropriate or Misleading Content: You agree not to post content that is abusive, false, misleading, obscene, or otherwise violates Expaio’s policies or laws.
19. Intellectual Property
Ownership:
We are the owner or licensee of all intellectual property rights in our Services, including but not limited to source code, databases, functionality, software, website designs, app designs, audio, video, text, photographs, and graphics (collectively referred to as the "Content"). Our trademarks, service marks, and logos ("Marks") are protected.
Protection:
All Content and Marks are protected by copyright, trademark laws, and intellectual property treaties in Australia and worldwide.
Permitted Use:
You are granted a non-exclusive, non-transferable, revocable license to:
• access the Services;
• Download or print portions of the Content to which you have legitimate access solely for personal, non-commercial use or internal business purposes.
Prohibited Activities:
Unless explicitly allowed by us, you may not copy, reproduce, aggregate, republish, upload, post, publicly display, encode, translate, distribute, sell, license, or otherwise exploit any part of the Content or Marks for any purpose without our prior written consent.
Requesting Permission:
If you require usage rights beyond those permitted under these Terms, please contact us at [email protected]. When granted permission, you must acknowledge us as the owner or licensor of the relevant Content or Marks, ensuring that all copyright notices remain visible on any reproductions or public displays.
Reservation of Rights:
We retain all rights not expressly granted to you concerning the Services, Content, and Marks.
Termination for Breach:
Any infringement of intellectual property rights as outlined in these Terms will lead to the immediate cancellation of your authorization to utilize our services.
20. Mobile Application License
Grant of License:
When you access our services through the mobile app, we grant you a limited, revocable, non-exclusive, non-transferable license to install and use the app on devices you own or control. This license is subject to the following conditions:
You Agree Not to:
1. Reverse-engineer, decompile, or try to extract the app's source code unless the law allows it.
2. Modify, enhance, or create derivative works of the app.
3. Use the app for illegal purposes or violate any applicable laws.
4. Remove or alter proprietary notices (e.g., copyright or trademarks).
5. Use the app for commercial purposes outside its intended use.
6. Use the app to develop competing products or services.
7. Send spam or automated messages using the app.
8. Use our intellectual property for unauthorized software or device development.
21. Apple and Android Devices
If you download the app from the Apple App Store or Google Play Store:
1. The license is non-transferable and valid for use on devices only with the respective operating system (iOS or Android).
2. We provide any required maintenance and support, while the app store providers are not responsible for these services.
3. If the app fails to meet a warranty, you can request a refund through the relevant store, but the store has no further obligations.
You confirm that you are not currently in a country that the Australian government has embargoed or which is listed as a restricted party.
5. You must comply with third-party agreements (e.g., wireless data services) while using the app.
6. Both Apple and Google will have the right to enforce these terms as third-party beneficiaries.
22. Links to Third-Party Websites
Third-Party Websites and Content:
Expaio may provide links to third-party websites or feature content from affiliates, drop shipping partners, advertisers, and service providers. These links are provided solely for your convenience. However, Expaio does not endorse, control, or assume responsibility for the accuracy, legality, content, products, services, or business practices of any third-party site.
User Interactions with Third-Party Sites:
All interactions, communications, or transactions made on third-party websites are governed by the terms, conditions, and privacy policies of those websites—not by Expaio. We strongly recommend that you review the legal policies of any external website before using their services or providing personal data.
Third-Party Content:
The services offered may also feature or link to third-party content, such as articles, photographs, videos, software, designs, or other media. Expaio does not monitor or verify the appropriateness, reliability, or accuracy of third-party content, and the use of such content is at your own risk.
Disclaimer and Liability:
If you leave the Expaio platform by clicking on a third-party link, Expaio's legal terms will no longer apply. Purchases made through third-party websites are agreements between you and third-party websites, and Expaio assumes no liability for the quality, safety, or performance of the products or services provided by those sites. You agree to hold Expaio harmless from any damages, losses, or claims resulting from interactions with third parties.
23. Advertisements
We may allow advertisers to display promotional materials within certain areas in the platform such as banners or sidebars. Expaio provides only the advertising space and does not control or take responsibility for the advertiser's content, claims, or business practices.
24. Privacy Policy
At Expaio, we prioritize your privacy and data security. Our collection, storage, and use of personal information comply with Australian laws, including the Privacy Act 1988 (Cth), and international regulations such as the General Data Protection Regulation (GDPR) for users from the European Union. By using our services, you agree to this Privacy Policy.
Please review our full Privacy Policy for detailed information: www.expaio.com/policy.
Children’s Privacy:
Expaio does not knowingly collect personal information from children under 13. If we become aware that personal data has been collected from a child under 13 without verified parental consent, we will delete it promptly. This policy complies with the Privacy Act 1988 and international child data protection standards.
Consent and Acceptance:
By using Expaio’s services, you acknowledge and accept our data practices as outlined in this policy. You are encouraged to review this policy periodically for any updates or changes.
25. Limitation of Liability
1. No Warranty
The website and all related services are provided "as is" without express or implied warranties. We do not guarantee the availability, accuracy, reliability, or uninterrupted functionality of the website or its content.
2. Limitation of Liability
Under no circumstances shall Expaio or its directors, employees, or agents be liable for any indirect, incidental, special, consequential, or punitive damages resulting from your use of the website or services, including but not limited to:
. Lost profit or revenue
. Loss of data
We are not responsible for service interruptions or delays, even if we have warned about the possibility of these issues.
4. Following Local and International Laws
Some places, including Australian and international laws, may not allow the exclusion or limitation of certain damages or implied warranties. If you are in such a place, these limitations might not apply to you, and you could have additional rights as outlined by those laws.
26. Account Security
• Confidentiality: Users are responsible for maintaining the confidentiality of their account credentials, including passwords and security questions.
• Unauthorized Access: Users must promptly notify Expaio of any unauthorized access or use of their account.
• Password Strength: Users are encouraged to create strong passwords. Your password includes a combination of uppercase and lowercase letters, numbers, and special characters. This variety helps protect your accounts from unauthorized access.
• Regular Updates: it is advisable to update passwords regularly and avoid using easily guessable information, such as names or birthdays.
• 2FA: Users are strongly encouraged to enable two-factor authentication for an additional layer of account security.
• Security Codes: Keep any security codes generated by 2FA methods secure and confidential.
• Verification Process: Expaio may employ a verification process to ensure the security of account recovery requests.
• Secure Browsing: Users should access their accounts using secure and updated web browsers, ensuring encrypted connections (HTTPS).
• Public Computers: Avoid accessing your account from public computers or unsecured Networks.
• Immediate Reporting: If users notice suspicious activities, they must report them immediately to Expaio.
• Data Encryption: Expaio employs encryption technologies to secure the transmission of sensitive information.
• Security Measures: We implement reasonable security measures to protect user accounts and data from unauthorized access.
• Monitoring: Expaio monitors account activities for potential fraudulent behaviour and may take preventive measures.
27. Account Suspension
In cases of security breaches or suspected compromise, Expaio reserves the right to suspend or restrict account access temporarily, either temporary or permanent suspensions.
. Violation of Terms: Accounts may be suspended if users violate any terms and conditions outlined in our policies, including but not limited to, prohibited activities, fraud, or breach of security.
. Non-Compliance: Failure to comply with local, national, or international laws and regulations may result in user account suspension.
. Security concerns: Account suspension may occur in the cases of suspected unauthorized access, compromised security, or fraudulent activities.
. Platform Abuse: Users who engage in spamming, harassment, or other actions that negatively affect others may have their accounts suspended.
28. Indemnification
You agree to defend, indemnify, and hold harmless our company, including our subsidiaries, affiliates, officers, agents, partners, and employees, from and against any claims, losses, damages, liabilities, costs, or expenses (including reasonable attorneys' fees) arising from:
1. Your Contributions: Any content or material you upload, post, or otherwise contribute to our platform.
2. Use of Services: Any misuse of the Services, including interactions with other users.
3. Breach of Legal Terms: Any violation of these Terms and Conditions or applicable laws, including Australian and international e-commerce regulations.
4. Misrepresentation: Any false or misleading representations or warranties provided by you within these Legal Terms.
5. Third-Party Rights Violations: Any violation of third-party rights, including but not limited to intellectual property, privacy, or proprietary rights.
6. Harmful Acts: Any overt harmful actions toward other users or any parties you engage with via the Services.
We reserve the right, at your expense, to assume exclusive defence and control of any matter for which you are required to indemnify us. You agree to cooperate fully, at your own expense, in our defence against such claims. We will make reasonable efforts to notify you of any such claim, action, or proceeding subject to this indemnification upon becoming aware.
Informal Negotiations
To expedite resolution and control the cost of any dispute, controversy, or claim related to these Legal Terms (each a "Dispute" and collectively, the "Disputes") brought by either you or us (individually, a "Party" and collectively, the "Parties"), the Parties agree to first attempt to negotiate any Dispute (except those Disputes expressly provided below) informally for at least 30 days before initiating arbitration. Informal negotiations commence upon written notice from one Party to the other Party.
Binding Arbitration
If the Parties fail to resolve a Dispute through informal negotiations, the Dispute (except those expressly excluded below) will be resolved through binding arbitration. You understand that by agreeing to arbitration, you waive the right to sue in court or have a jury trial. The arbitration may be conducted in person, by phone, or online, with the arbitrator issuing a written decision.
The arbitration award may be challenged if the arbitrator fails to follow the law. Arbitration decisions are final and binding except as allowed by ACICA rules. The Parties may litigate in court to compel arbitration or to confirm or challenge the arbitration award in state or federal courts in Australia.
Jurisdiction
If arbitration is unenforceable, the Dispute shall be resolved by courts of competent jurisdiction in Australia. The United Nations Convention on Contracts for the International Sale of Goods and the Uniform Computer Information Transactions Act are expressly excluded.
Time Limitation
No dispute shall be initiated more than two years after the cause of action arose.
Restrictions
The Parties agree that arbitration will be strictly confined to individual disputes. To the extent allowed by law:
No arbitration shall be consolidated with any other proceedings.
Class actions are prohibited.
No representative actions may be initiated.
Exceptions to Arbitration
The following disputes are not subject to arbitration:
Enforcement of intellectual property rights.
Allegations of theft, piracy, or unauthorized use.
Claims seeking injunctive relief.
If any portion of this section is unenforceable, the remaining provisions will continue to apply. Any disputes excluded from arbitration will be resolved in courts of competent jurisdiction in Australia.
29. CORRECTIONS
if we find information on the Services that contains typographical errors, inaccuracies, or omissions, including descriptions, pricing, availability, and various other details. We reserve the right to correct any errors, inaccuracies, or omissions and to change or update the information on the Services at any time, without prior notice.
30. Terms and Termination of Account
1. Termination After Repeated Violations
Accounts involved in repeated violations, fraudulent activities, or actions that cause harm to the platform or other users may be permanently terminated without further notice.
2. Non-Resolution of Issues
If a user's account is suspended for violating the rules and the issues are not resolved within a given timeframe, the account may be permanently terminated.
3. Changes to Terms and Conditions
These Terms and Conditions may change from time to time. Users are responsible for regularly reviewing the latest version and complying with all updates. If you disagree with the changes, you may close your account.
4. Right to Deny Service
• We reserve the right, at our sole discretion and without notice or liability, to deny access to our services (including blocking specific IP addresses) for any reason, including but not limited to:
o Breach of these terms, representations, or warranties
o Violation of any applicable law or regulation
5. Prohibition on Creating New Accounts
• If your account is terminated or suspended, you are strictly prohibited from creating a new account under:
o Your name
o A fake or borrowed name
o The name of any third party, even if you act on their behalf
6. Legal Actions for Violations
In addition to account termination or suspension, we reserve the right to take further legal action, including but not limited to:
o Civil claims
o Criminal charges
o Injunctive relief
31. Terms and Conditions duration
These Terms remain in effect as long as you use our services, by continuing to use the Platform, you agree to all updates and provisions outlined here.
Entire Agreement
These Legal Terms, along with any policies or operational rules we publish on our website or related to the Services, form the complete agreement between you and us. They replace any previous agreements, communications, or understandings.
No Waiver
Failure to enforce any provision of these Legal Terms shall not be considered a waiver of that provision or any other rights we may have under these Terms.
Full Legal Enforceability
These Legal Terms operate to the fullest extent permitted by applicable law. If any part of these Terms is deemed unlawful, void, or unenforceable, that provision will be severed, and the remaining provisions will remain valid and enforceable.
Assignment of Rights
We may assign or transfer our rights and obligations under these Legal Terms to third parties at any time without your consent.
Force Majeure
We are not responsible for any delays, failures, or damages caused by circumstances beyond our reasonable control, including but not limited to natural disasters, government actions, or technical failures.
Independent Relationship
These Legal Terms do not create any partnership, joint venture, employment, or agency relationship between you and us. Each party acts independently.
Construction of Terms
These Terms shall not be interpreted against us as the drafting party.
Electronic Agreement
You agree to waive any rights or defences related to the electronic format of these Legal Terms and acknowledge that the absence of signatures does not affect their enforceability.
32. Contact Us
To resolve a complaint regarding the Services or to receive further information regarding the use of the Services, please get in touch with us at:
www.expaio.com/help
Phone: 0061 421 195 303