Last updated: October 9, 2025

TERMS OF USE

1. Introduction
1.1 The WeCollect Platform Terms and Conditions, comprise the terms of a legal agreement between the person listed in the Registration Portal (Member, you or your) and WeCollect Pty Ltd (617 984 595) (WeCollect, we, our or us) (collectively, the agreement).
1.2 By accessing and using the WeCollect Platform, you warrant that you have read this agreement and agree to be bound by this agreement. If you are using the WeCollect Platform as a representative of an entity, you are agreeing to the agreement on behalf of that entity.

2. WeCollect Platform

2.1 The WeCollect Platform is a portal or online marketplace through which Members (as Buyers) can purchase sports cards, comics, coins and other collectables (collectively, Goods) from other Members (acting as Sellers) on, or via, the WeCollect Platform.

2.2 We are a mere online marketplace or conduit for introducing Members (acting as a Buyer, Seller or both). We are not a seller, re-seller, supplier, distributor, retailer or manufacturer of the Goods or a consumer or buyer of the Goods or a courier or delivery service provider, and our role in providing you with access and use of the WeCollect Platform should be construed strictly in this context only.

2.3 When you create an Account on the WeCollect Platform, WeCollect grants you a non-exclusive, non-transferable, personal, revocable and non-sublicensable licence to download, access and use the WeCollect Platform for the Membership Term. You will not acquire or be entitled to any rights other than those rights expressly set out in thisagreement.

3. Changes

We reserve the right to change any provision of this agreement in any way and we may, in our absolute discretion, add, change or remove any functions or features of the WeCollect Platform, any Members, Listings, Goods, Membership Fees or any other ancillary products or services offered on, or via, the WeCollect Platform with, or without notice, to the Member. If we provide the Member with notice of changes to this agreement, we shall do so either by email or by posting it on the WeCollect Platform.

4. Membership Term

4.1 This agreement commences on the date the Member creates an Account with us on, or via, the WeCollect Platform (Commencement Date) and continues, unless terminated in accordance with clause 20 (Membership Term).

5. Account 

5.1 To access and use the WeCollect Platform, you must create and setup an Account with us via the Registration Portal (Account).

5.2 Your Account will be operated by a user name of your choosing (User Name) and password of your choosing (Password). You can change your Password at any time via the Registration Portal.

5.3 To open an Account or otherwise access and use the WeCollect Platform, you must:

(a) be over 18 years of age, and legally able to enter contractual relations. If you are under the age of 18 years, you may only access and use the WeCollect Platform if you have your parents’/guardians’ permission to download, access and use the WeCollect Platform. Your continued use of the Account constitutes an acknowledgement by you that you are: (i) over 18 years of age; or (ii) under 18 years of age, but have your parents’/guardians’ permission to access and use the WeCollect Platform and that your parents’/ guardians’ have agreed to abide by this agreement; and

(b) provide accurate and complete registration information (including, but limited to, your full name, date of birth and email address). The only registration information in your Account that can be viewed by other Members on your Member Profile is your first name and [insert] (Profile Name) and [profile picture or image]. We may at any time request that the owner of the Account provide identification to verify their identity. All Personal Information as well as the information you provide to setup your Account is subject to our Privacy Policy.

5.4 In relation to your Account, you are responsible for:

(a) maintaining control over, and the confidentiality of, your Account and Password;

(b) keeping your Account registration information current, complete, accurate, and truthful. You must not impersonate another account holder or provide false identity information to gain access to or use the WeCollect Platform;

(c) notifying us by emailing us at [insert contact email] of any unauthorised access to, or use of, your Account, User Name or Password; and

(d) for all activities or transactions that occur using your Account, User Name or Password. The owner of the Account is solely responsible for the activity conducted on the Account. We are not liable for any Loss or damage arising out of, or in connection with, any unauthorised access or use of, your Account, User Name and Password.

5.5 WeCollect has the right to suspend or terminate any Account or your access or use of all or any part of the WeCollect Platform, at any time, if, in our opinion, you have failed to comply with any of the provisions of this agreement.

Your general obligations
1. To access and use the WeCollect Platform, you must:
  1. create an account on the WeCollect Platform and a Member Profile;
  2. provide us with all necessary co-operation and information to facilitate and provide the WeCollect;
  3. ensure that all information is true, accurate, complete and not misleading;
  4. obtain and maintain all equipment, hardware and software required by you to use and/or access the WeCollect Platform;
  5. comply with all reasonable directions, policies and guidelines of WeCollect as advised from time to time (including the Acceptable Use Policy); and
  6. carry out all of your responsibilities set out in this agreement in a timely and efficient manner.
Seller obligations
1. When the Seller creates a Member Profile, you must provide your business information and Personal Information to us, such as:
  1. your [business name, business logo or banner, profile picture, Australia Business Number, main business contact details (including contact person, email address and location). You are also required to provide your bank account details our Third Party Payment Processors;
  2. your Listing (which includes a description and photographs of the Goods to be offered for sale on, or via, the Seller Profile and the corresponding price for such Goods; and
  3. any other information that WeCollect require to verify your identity, Suppler Profile and the accuracy of any Listing displayed or published listed on, or via, the WeCollect Platform.
2. Provided you comply with your obligations under this agreement, you (as a Seller) may, at any time post, publish, submit, update, edit, delete or add any advertisements or listing for the sale of Goods (Listings) published or displayed by you on, or via, the WeCollect Platform.
3. By publishing, displaying or posting Listings on, or via, the WeCollect Platform, the Member (as a Seller) warrants at all times that:
you will comply with the Acceptable Use Policy; and

all information provided by you in relation to the Listings are true, complete and accurate. You will immediately update your Member Profile if any of the Listings, details or information you submit or upload to the WeCollect Platform is inaccurate, incomplete, or out of date. For example, if you have already sold Goods subject of the Listing, the Listing should be removed from your Member Profile.

During the Membership Term, the Member (as a Seller) will:
ensure any Goods supplied or sold by you will be: (i) fit for purpose, of merchantable quality and free from defects (unless otherwise disclosed to the Buyer in your Listing prior to the Buyer purchasing the Goods); and (ii) accurately described in the Listing; and
ensure that the sale and supply of Goods will comply with all Relevant Laws, and you will not sell Prohibited Goods.
We will not be liable to the Member (as a Seller) or anyone else for any:

error, omission, failure to update or change your Account details, your Member Profile or Listings which are published, listed or displayed by a Buyer on, or via, the WeCollect following your request; or

Loss incurred by you or any third party as a result of, or in connection with any content or information supplied by you which is uploaded, published or submitted in relation to the WeCollect Platform.

The Member (as a Seller) acknowledges and agrees that, to the maximum extent permitted by Relevant Laws:

WeCollect is not responsible for monitoring or censoring Listings; however, we may (in our absolute discretion and with notice to you): (i) remove, modify, refuse to publish or alter the Listings if we consider that such Listings do not comply with this agreement (including our Acceptable User Policy or any of our policies or guidelines published by us from time to time); and/or (ii) restrict, suspend or terminate your Account or your Member Profile on the WeCollect Platform. For example, if we receive a report or complaint that your Listing has contravened the Intellectual Property Rights of a third party or your Listing contains Prohibited Goods;

we are not responsible to you or anyone else for any actions, activities, conduct or transactions (whether online or offline) that occur as a result of, or in connection with the sale of Goods to a Buyer introduced to you, or via, the WeCollect Platform;
control the supply, performance or delivery of the Goods to Buyers or the collection of Goods by Buyers from you (as the context permits), and we are not liable to you or anyone else for any Loss suffered by you as a result of the Buyer’s acts or omissions;
the risk in the Goods, including from loss, theft, damage or destruction of the Goods, remains with the Seller until delivered to the Buyer or collected by the Buyer (as the case may be); and
title to the Goods passes to the Buyer when the Seller receives payment of the full Purchase Price for the Goods from the Buyer.
Buyer obligations
1. Before purchasing Goods from Sellers on, or via, the WeCollect Platform, the Member (as a Buyer) should carefully review the Member Profile of a Seller and Listing. We do not recommend or endorse any Sellers (including Members Profiles) or any information, content or Listings published on a Member Profile, the WeCollect Platform or our related social media pages. You acknowledge and agree that, to the maximum extent permitted by Relevant Laws:
WeCollect is not responsible for monitoring or censoring Listings; however, we may (in our absolute discretion and with notice to you) remove, modify, refuse to publish or alter the Listing if we consider that such Listing do not comply with this agreement (including any of our policies or guidelines published by us from time to time);
WeCollect makes no representations, warranties or guarantees in relation to the availability, continuity, reliability, accuracy, currency or security of the WeCollect Platform, any Goods offered for sale by Sellers on, or via, the WeCollect Platform, or any other ancillary products or services made available to you on, or via, the WeCollect Platform. You acknowledge that any Goods or any other ancillary products or services made available to you on, or via, the WeCollect Platform are provided ‘as is’;
it is your responsibility to determine that the Goods or any other ancillary products or services made available to you on, or via, the WeCollect Platform, meets your specific needs and/or are suitable for the purposes for which they are used or purchased;
WeCollect makes no representations, warranties or guarantees in relation to: (i) the standard, quality, authenticity, provenance, or fitness for purpose of any Goods supplied by a Seller; (ii) the reliability, expertise, legitimacy, repute, or credibility of any Seller; or (ii) a Seller’s ability or willingness to sell, provide or deliver the Goods to you; and
WeCollect does not control the supply, performance or delivery of the Goods to you, and we are not liable to you or anyone else for any Loss suffered by you as a result of the Seller’s acts or omissions.
When purchasing Goods from a Seller on, or via, the WeCollect Platform, you (as a Buyer):
must pay the Purchase Price for the Goods as displayed in the Listing or as otherwise agreed with the Seller; and
as solely responsible for arranging for the Goods to be delivered by the Seller to you or collected by you from the Seller.
Restrictions
1. You must not:
  1. license, sell, rent, lease, transfer, assign, distribute, display, disclose, or otherwise commercially exploit, or otherwise make the WeCollect Platform available to any third party;
  2. violate our Intellectual Property Rights. For example, a Seller cannot upload or display photographs of Goods that belong to another person, unless you have consent from the copyright owner;
  3. impersonate or pose as any other person, or misrepresent your true legal identity in your dealings with us or any other user of the WeCollect Platform;
  4. modify, alter, adapt, reverse compile, disassemble, reverse engineer or otherwise reduce to human-perceivable form all or any part of the WeCollect Platform or your Account, including any images contained on the WeCollect Platform which belong to other advertisers or us;
  5. access all or any part of the WeCollect Platform in order to build a product, service or code which competes with the WeCollect Platform; and
  6. data mine the WeCollect Platform, conduct penetration testing of the WeCollect Platform nor access, store, distribute or transmit any viruses, worms, trojans or other malicious code, or any material when using the WeCollect Platform that is unlawful, unethical, harmful, threatening, defamatory, obscene, infringing, harassing or racially or ethnically offensive or a contravention of the rights of any third party or corrupts, damages, degrades or disrupts the operation of the WeCollect Platform.
2. We reserve the right to limit your use of the WeCollect Platform, your right to purchase, sell or advertise Goods and/or any other ancillary products or services made available to you on, or via, the WeCollect Platform, including the right to restrict, suspend or terminate your Account if we believe you are in breach of this agreement or you are misusing the WeCollect Platform.
WeCollect obligations
1. WeCollect shall use reasonable endeavours to provide you with access and use of the WeCollect Platform.
2. The undertaking in clause 10.1 shall not apply in the event of:
  1. any non-conformance which is caused, or contributed, by use of the WeCollect Platform contrary to our instructions or the terms of this agreement;
  2. modification or alteration of the WeCollect Platform by any party other than us or our duly authorised Personnel;
  3. the unsuitability or malfunction of the WeCollect Platform when used in conjunction with any software, platforms, applications and tools supplied by a third party provider; and
  4. Force Majeure Events.
3. In the event that WeCollect fails to provide you with access and use of the WeCollect Platform in accordance with clause 10.1, we will use reasonable endeavours to correct any such non-conformance, or provide you with an alternative means of accomplishing the desired performance. The foregoing constitutes your sole and exclusive remedy for any breach of clause 10.1.
Membership Fees and Purchase Price
1. To access and use the WeCollect Platform as a Seller, you must pay a monthly membership fee as specified on the WeCollect Platform (Membership Fee). A Buyer does not have to pay a Membership Fee to access and use the WeCollect Platform.
2. When a Member orders or purchases Goods (act as a Buyer) offered for sale by another Member (acting as a Seller) on, or via, the WeCollect Platform, we will charge the Buyer (as the Seller’s payment collection agent) the full price to purchase the Goods as displayed on the WeCollect Platform (Purchase Price).
3. The Membership Fees and Purchase Price displayed on the WeCollect Platform are current at the time of issue. The Purchase Price displayed on a Listing by a Seller and availability of Goods and any other ancillary products or services made available to you on, or via, the WeCollect Platform, are subject to change effective immediately upon posting to the WeCollect Platform. You agree to pay the price current at the time of payment.
4. The purchase price for Goods displayed on third party websites which are linked to the WeCollect Platform may not be correct and WeCollect are not bound by them.
5. We reserve the right to vary the Membership Fee by providing you with [eg 14] days’ written notice of these changes. If you do not agree to these changes, you may terminate this agreement no later [eg 14] days after you have received written notice of the new fees. If WeCollect does not receive the written notice within [eg 14] days, you will have deemed to have accepted the new fees.
Payment 
1. WeCollect will collect the Purchase Price from the Buyer on behalf of the Seller, and we will remit the Purchase Price to the Seller within [insert] days of receiving payment from the Buyer.
2. The Membership Fees and Purchase Price shown on the WeCollect Platform are in Australian Dollars (AUD) and are inclusive of GST.
3. To the maximum extent permitted by Relevant Laws and unless otherwise stipulated in this agreement, you agree that all Membership Fees and Purchase Price or any other amounts owing to us under the agreement are non-refundable. You acknowledge and agree that WeCollect is under no obligation to pay the Seller the Purchase Price (until WeCollect has received full payment of the Purchase Price from the Buyer.
4. WeCollect is under no obligation to pay the Purchase Price to the Seller if:
  1. the Buyer does not pay us for the Goods for whatever reason; or
  2. the Goods were not delivered to the Buyer or the Goods are Prohibited Goods; or
  3. we receive a bona fide complaint from a Buyer within 24 hours of delivery of the Goods that (i) the Goods sold to the Buyer were not fit for the purpose made known to Buyer by the Seller at the time the Goods were sold to the Buyer; (ii) the Goods did not match the description as listed or displayed on the Listing; or (iii) the Seller did not have the right or authority to the sell the Goods to a Buyer.
5. Payment of the Membership Fees are made by means of direct debit in accordance with the Direct Debit Authority in clause 13. We use a Third Party Payment Processors to process payments made to us. By making payment of the Membership Fees, Purchase Price or any other amounts owing to us under the agreement, you agree to provide WeCollect with accurate and complete billing information, and you authorise us to your share billing information with our Third Party Payment Processors for the purpose of processing your payment.
6. We may, at our absolute discretion and without notice to you, change the payment methods that can be used to access and use the WeCollect Platform at any time.
Direct Debit Authority
1. By accepting this agreement, you authorise our Third Party Payment Processors to arrange for the Membership Fees or any other amount owing to WeCollect under this agreement to be debited from your credit card or bank account (as applicable) as and when such fees are due and payable under this agreement (Direct Debit Authority).
2. You may cancel or change your Direct Debit Authority by accessing the Registration Portal before the day on which your next debit is due. If you cancel the Direct Debit Authority, WeCollect will not be able to provide you with access to, and use of, the WeCollect Platform beyond the current billing cycle, unless you provide WeCollect with a new Direct Debit Authority.
3. It is your responsibility to ensure that there are sufficient funds available on your credit card or bank account (as applicable) to allow each debit to be made in accordance with the Direct Debit Authority. If there are insufficient funds:
  1. the transaction will be rejected and the payment will be treated as if it were never made;
  2. your financial institution may charge you a fee and/or interest;
  3. you must arrange for the debit to be made by another method or arrange for sufficient funds to be available by an agreed time so that our Third Party Payment Processors can process the debit.
4. It is your responsibility to check your credit card or bank account statement (as applicable) to verify that the amounts debited from your credit card or bank account are correct.
5. If you believe that an error has been made in debiting your credit card or bank account (as applicable), you should update your credit card or bank account details by accessing the Registration Portal as soon as possible.
6. If you cancel the Direct Debit Authority, your right to access and use the WeCollect Platform will cease at the end of the current billing cycle. If you wish to resubscribe, you will need to renew their membership and pay the Membership Fees prevailing at the time you create a new Account.
Acceptable Use Policy
1. By downloading, accessing and using the WeCollect Platform, you agree to comply with the rules for the acceptable use of the WeCollect Platform as specified herein (Acceptable Use Policy).
2. You are solely responsible for the accuracy, currency, completeness and use of your Member Profile, Listings and any other information you publish, submit or post on, or via, the WeCollect Platform, and you agree to post, submit or publish your Member Profile, Listings and other information on, or via, the WeCollect Platform at your own risk. We accept no responsibility and assume no liability for any Member Profile, Listings and any other information posted, published or otherwise transmitted by you, any other Member or any third party on, or via, the WeCollect Platform.
3. By advertising, uploading, transmitting, posting or publishing Listings to the WeCollect Platform, the Member (as a Seller) warrants that at all times:
  1. you hold all necessary rights, licences and consents to upload or publish the Listing on, or via, the WeCollect Platform;
  2. nothing in the Listing will cause you or us (or anyone else) to breach any Relevant Laws;
  3. no Listing is or could reasonably be considered to be obscene, inappropriate, defamatory, disparaging, indecent, seditious, offensive, pornographic, threatening, abusive, liable to incite racial hatred, sexist, discriminatory, blasphemous, in breach of confidence or privacy or false and misleading;
  4. the Listing does not contain, nor will they cause, any 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;
  5. nothing in the Listing would bring WeCollect or the WeCollect Platform, into disrepute or adversely affect the reputation and goodwill of the WeCollect Platform or WeCollect;
  6. the Listing does not infringe the Intellectual Property Rights or other rights of any person;
  7. the Listing does not contain any Prohibited Goods; or
  8. each Listing is true, accurate, complete and up-to-date.
4. The Member (as a Seller) acknowledges and agrees that WeCollect is reliant on you for direction as to the extent WeCollect is entitled to use, publish, transmit, market, promote, advertise or display Listings on the WeCollect Platform.
5. The Member (as a Seller) must not publish, post, transmit or upload Listings on, or via, the WeCollect Platform that:
  1. contain confidential information;
  2. are knowingly inaccurate, misleading or deceptive or fraudulent (including, but not limited to, as a result of you having impersonated another person or misrepresented your identity);
  3. are defamatory or harmful to another Member in any way, including by causing unreasonable embarrassment, annoyance, distress or alarm to another individual, including WeCollect or our Personnel;
  4. are aimed at disparaging or damaging the reputation or goodwill of our business, the WeCollect Platform, our social media pages, or any of our Personnel and third parties connected to us; or
  5. constitute or comprise any other material whatsoever which contravenes this agreement.
6. WeCollect may, at our absolute discretion, monitor, censure, remove, modify, suspend or refuse to publish or alter any Listing (with or without notice to you) if:
  1. WeCollect considers that such Listing does not comply with the Acceptable Use Policy, any other term of this agreement or any of our policies or guidelines published by WeCollect from time to time); or
  2. WeCollect receive a complaint from another Member or third party that you are infringing their Intellectual Property Rights or other rights. WeCollect may investigate any complaint within a reasonable period of time and will let you know the outcome of its investigation.

[When accessing or using the chat function within the WeCollect Platform, you acknowledge and agree that it is your responsibility to:
1. ensure that all communications with other Members, are polite, respectful and courteous;
2. to ensure that any information or content you post, publish or transmit through the chat function within the WeCollect Platform is accurate, reliable, up-to-date, and complete;
3. respect the privacy rights of other users and third parties;
4. ensure that you have adequate legal rights to publish, post, transmit, reproduce or otherwise use any information or content you transmitted through the chat function on the WeCollect Platform; and
5. comply with the Acceptable Use Policy at all times.]
You may make a complaint that a Listing published by another Member contravenes the Acceptable Use Policy (eg the Member does own the Goods for sale or the Member does not own copyright in the Listing) by emailing us at [insert]. WeCollect shall use reasonable endeavours to investigate the complaint and remove any Listings and/or Goods from sale that has been published in contravention of the Acceptable Use Policy within a reasonable period of time.

Intellectual Property Rights
1. You acknowledge that, notwithstanding anything else, WeCollect and/or our licensors own all Intellectual Property Rights in the WeCollect Platform, including any information, Content or technology that may be provided to, or accessed by, you in connection with your use of the WeCollect Platform (and anything arising or generated therefrom) (collectively, the WeCollect IP). Accessing and using WeCollect Platform does not give you (or anyone else) ownership of, or any right, title or interest in any of the WeCollect IP, all of which is, and will remain, owned by WeCollect or our licensors.
2. All Intellectual Property Rights discovered, developed or otherwise coming into existence as a result of, for the purposes of, or in connection with, the WeCollect Platform will automatically vest in, and are assigned to, WeCollect.
3. By creating an Account and Member Profile and/or publishing, uploading or submitting Listings on, or via, the WeCollect Platform, you grant WeCollect for the Membership Term a royalty-free, non-exclusive, sub-licensable, transferable and worldwide licence to:
  1. use your Account, Listing and Member Profile (including registration information and Personal Information) for the purpose of providing you with access to, and use of the WeCollect Platform and any ancillary products or services made available on, or via, the WeCollect Platform or for marketing purposes; and
  2. market, promote, distribute and sell Goods to other Members on, or via, the WeCollect Platform.
Warranties
1. To the maximum extent permitted by Relevant Laws, WeCollect excludes all express or implied representations, conditions, statutory guarantees, warranties and provisions (whether based on statute, common law or otherwise), in connection with the provision of the WeCollect Platform.
2. Nothing contained in this agreement excludes, restricts or modifies the application of any condition, warranty or other obligation, the exercise of any right or remedy, or the imposition of any liability under the Competition and Consumer Act 2010 (Cth) or any other national, State or Territory legislation where to do so is unlawful.
3. You acknowledge and agree that, to the extent permitted by Relevant Laws, WeCollect makes no representations, warranties or guarantees in relation to the availability, continuity, reliability, accuracy, currency or security of the WeCollect Platform, Goods or any other ancillary products or services made available to you on, or via, the WeCollect Platform. You acknowledge that the Goods or any other ancillary products or services made available to you on, or via, the WeCollect Platform are provided ‘as is’ and WeCollect will not be liable if the WeCollect Platform, the Goods or any other ancillary products or services made available to you on, or via, the WeCollect Platform, are unavailable for any reason, including directly or indirectly as a result of:
  1. telecommunications unavailability, interruption, delay, bottleneck, failure or fault;
  2. negligent, malicious or wilful acts or omissions of third parties (including our third party service providers);
  3. maintenance (scheduled or unscheduled) carried out by our or any third party service provider, including in respect of any of the systems or network used in connection with the provision of the WeCollect Platform;
  4. products or services provided by third parties (including internet service providers and Sellers) ceasing or becoming unavailable; or
  5. a Force Majeure Event.
4. The Member warrants, acknowledges and agrees that:
  1. your use of the WeCollect Platform has not been made on the basis of any representations made by WeCollect regarding current or future features or functionality of the WeCollect Platform;
  2. you (if you are acting as a Seller) have the right to post, publish and reproduce the Listings posted or displayed on your Member Profile (and all Intellectual Property Rights contained therein), and to grant us the right to post, publish and reproduce the Listing on the WeCollect Platform or any of our social media pages;
  3. you have the full power and authority to enter into this agreement and perform your obligations contemplated by this agreement, and in doing so, you will not breach any third party rights; and
  4. WeCollect makes no representations, warranties or guarantees that you (if you are acting as a Seller) will make any profit, revenue, a minimum number of sales or increase your market share or client base by accessing, using and advertising on, or via, the WeCollect Platform.
Limitation of Liability
1. To the fullest extent permitted by Relevant Laws, WeCollect will not be liable to you or any third party for any:
  1. Loss; and
  2. loss of, or damage to, any property or any personal injury or death to you, any other user or any third person,

arising out of, relating to or connected to, the supply, purchase or use of Goods by Members, your access to or use of the WeCollect Platform (or any other ancillary products or services made available to you on, or via, the WeCollect Platform) and this agreement, regardless of the cause of action on which they are based, even if advised of the possibility of such damage occurring.

Under no circumstances will WeCollect ’s aggregate liability, whether based upon warranty, contract, statute, tort (including negligence) or otherwise, exceed:
1. in the case of the Buyer, the Purchase Price paid by you for the Goods the preceding one month from the date of the Claim; or
2. in the case of a Seller, the Membership Fee paid by you to us in the preceding one month from the date of the Claim.
You agree to defend, indemnify and hold WeCollect, our Affiliates and our Personnel (collectively, the Indemnified) harmless from and against any and all Losses and Claims that may be brought against the Indemnified or which the Indemnified may pay, sustain or incur as a direct or indirect result of, or arising out of:
1. the access and use by you, your Personnel, your Affiliates or any third party of the WeCollect Platform (including the supply and use of any Goods);
2. a breach by you, your Personnel or your Affiliates of any Relevant Laws or the Intellectual Property Rights of WeCollect or any third party;
3. any breach by you or your Personnel of any Relevant Laws; or
4. any breach by you, your Personnel or your Affiliates of this agreement.
Privacy
1. All Personal Information you provide to open an Account, create a Member Profile and any Listings you upload, generate, share, or publish on, or via, the WeCollect Platform, is subject to our Privacy Policy, which is incorporated into this agreement.
2. You warrant that, in relation to any Personal Information comprising your Account, Member Profile, Listings or any other information disclosed to WeCollect on, or via, the WeCollect Platform:
  1. it has been collected in accordance with Privacy Laws;
  2. you have the authority to upload, post, publish or otherwise transmit such information on, or via, the WeCollect Platform; and
  3. you have obtained the informed consent of the individuals who are the subject of such Personal Information in order for WeCollect to use, disclose, store, transfer, process or handle it.
Termination 
1. During the Membership Term you may terminate this agreement at any time by accessing the [insert page for cancelling membership function] in the WeCollect Platform. If you terminate the agreement in accordance with this clause, you will not be entitled to a pro rata refund of the Membership Fees for the unused portion of the Membership Term.
2. WeCollect may terminate the agreement any time (without liability to you except we will provide you with a pro rata refund of the Membership Fees for the unused portion of the Membership Term) by giving you [eg 14] days’ written notice.
3. You agree that WeCollect may, at any time and at our absolute discretion, with or without cause or any notice to you, terminate, suspend or block your access to (either temporarily or permanently):
  1. your Account, Member Profile and/ or Listings;
  2. the WeCollect Platform; and/or
  3. any social media pages, products and/or services offered on, or via the WeCollect Platform.
4. Cause for such suspension or termination under clause 19.3 may include, but are not limited to:
  1. any serious or repeated breaches or violations of this agreement, our policies and guidelines (including our Privacy Policy and Acceptable Use Policy) and any other agreements entered between the parties;
  2. serious or repeated breaches or violations of WeCollect Platform or another person’s Intellectual Property Rights or privacy rights;
  3. in the case of Sellers, your failure to pay the Membership Fees to access and use the WeCollect Platform;
  4. your activities, conduct or transactions on, or, via, the WeCollect Platform, brings, or has the capacity to bring, WeCollect into disrepute;
  5. requests by law enforcement or other government agencies.
5. If WeCollect terminates the agreement in accordance with clause 19.3, you acknowledge and agree that you are not entitled to pro rata refund of the Membership Fees for the unused portion of the Membership Term.
6. You agree that all such suspensions or terminations shall be made at our absolute discretion and that we will not be liable to you or any third party for any such suspension or termination.
Effect of termination
1. On termination of this agreement for any reason:
  1. all licences and rights of access granted under this agreement will immediately terminate;
  2. you must pay all outstanding Membership Fees and any other outstanding monies owing to WeCollect under this agreement within seven days; and
  3. WeCollect will disable your Account, your Member Profile and your Listings will no longer be accessible by you through the WeCollect Platform. All information that is no longer needed will be securely destroyed or de-identified; however, WeCollect will be required to retain Personal Information (including basic registration information) in accordance with documentation retention and destruction laws.
Third party websites
1. The WeCollect Platform or any Listings may contain third party content or content that may link to other websites, services, products or resources on the Internet, and other websites, services, products or resources may contain links to the WeCollect Platform. These websites are not under our control and are not maintained by us. We are not responsible for the content of those websites, resources, products or services, and accept no responsibility for them or for any Loss or damage that may arise from your use of them (notwithstanding anything else contained herein). We only provide links to third party websites for your information and convenience.
2. Links, references or other connections to these websites, resources, products or services do not imply any endorsement of them or any association with their owners, operators or advertising material (as the context permits).

Your linking to or from these sites, or use of, or reliance on, such websites, resources, products or services is at your own risk. You should carefully review the terms and conditions and privacy policies of all off-site pages and other websites or third-party suppliers that you visit or transact with.

Dispute Resolution
1. The parties may, before resorting to court proceedings (except interlocutory or interim relief), refer any dispute between the parties under or relating to this Agreement initially to a nominated representative of each party to endeavour to resolve the dispute within 20 days. If the dispute is not resolved within this period, then either party may, in its absolute discretion, initiate court proceedings.
2. WeCollect are not responsible for resolving any disputes between Members, which must be resolved between the Members themselves (without assistance from WeCollect).
Force Majeure Event

WeCollect will have no liability to you or anyone else under this agreement if we are prevented from or delayed in performing our obligations under this agreement or otherwise, or from carrying on our business, by acts, events, omissions or accidents beyond its reasonable control, including, without limitation, strikes, lock-outs or other industrial disputes, failure of a utility service or transport or telecommunications network, act of God, natural disasters, pandemics, epidemics, mandatory government lock-downs, sabotage, war, riot, civil commotion, computer hacking, malicious damage, compliance with any law or governmental order, rule, regulation or direction, accident, breakdown of plant or machinery, fire, flood, storm or default of hosting or data centre providers or other suppliers or sub-contractors, shortage of suppliers, equipment and materials,(Force Majeure Event).

Updates
1. Without notice to you, WeCollect may, at our absolute discretion, from time to time:
  1. change, add or delete the functions, features, performance, or other characteristics of the WeCollect Platform; or
  2. apply or install updates to, or new versions of, the WeCollect Platform.
2. You acknowledge that the Content, Member Profiles and Listings on the WeCollect Platform are subject to change at any time and may be out of date at any given time. WeCollect are under no obligation to:
  1. update, correct or fix any Content, Member Profiles, Listings or errors in the WeCollect Platform; and/or
  2. notify you of any changes to the Content, Member Profiles, Listings or the WeCollect Platform, unless required by a Relevant Law to do so.
Notice 
1. By accessing and using WeCollect Platform, you accept that communication with us will be mainly electronic. We will contact you by email or provide you with information by posting notices on the WeCollect Platform.
2. You acknowledge that all contracts, notices, information and other communication (notices) we may provide electronically comply with any legal requirements that such documents be in writing. 
3. Notice will be deemed received and properly served immediately when posted on the WeCollect Platform or 24 hours after an email is sent to you. As proof of service, it is sufficient that the email was sent to the email address specified by you in the Registration Portal.
General
1. A waiver of any right under this agreement is only effective if it is in writing, and it applies only to the party to whom the waiver is addressed and to the circumstances for which it is given.
2. If any provision (or part of a provision) of this agreement is found by any court or administrative body of competent jurisdiction to be invalid, unenforceable or illegal, the other provisions shall remain in force.
3. If any invalid, unenforceable or illegal provision would be valid, enforceable or legal if some part of it were deleted, the provision shall apply with whatever modification is necessary to give effect to the commercial intention of the parties.
4. WeCollect may deduct from any amounts owing to you under this agreement from any amounts due or owing to us under this agreement (including under the indemnity in clause 17.3).
5. This agreement, and any documents referred to in it, constitute the whole agreement between the parties and supersede any previous arrangements, understandings or agreements between them relating to the subject matter they cover.
6. You may not assign, transfer or deal in any other manner with all or any of your rights or obligations under this agreement without our prior written consent. To the extent permitted by Relevant Laws, we may, at our absolute discretion, assign, transfer or deal in any other manner with all or any of our rights or obligations under this agreement without your prior written consent.
7. Clauses 11, 12, 16, 17, 18, 19, 20, 21, 22, 23, 25, 26 and any other obligation which is expressed to, or by its nature, survive expiry or termination of this agreement, will survive expiry or termination of this agreement and are enforceable at any time at law or in equity.
8. Nothing in this agreement is intended to or shall operate to create a partnership between the parties or authorise either party to act as agent for the other, and neither party shall have the authority to act in the name or on behalf of or otherwise to bind the other in any way.
9. The laws of the state of Victoria, Australia govern this agreement. You agree to submit to the exclusive jurisdiction of the courts of Victoria, Australia.
Contact Us

If you have any questions about this agreement, please contact us via email at [insert contact email]

Definitions
1. In this agreement, the following words shall have the following meanings:
  1. Acceptable Use Policy has the meaning in clause 14.1.
  2. Affiliate means in relation to any party, a person which, directly or indirectly, (i) is Controlled by that party; or (ii) Controls that party; or (iii) is Controlled by a person referred to in (ii) above, and for this purpose Control means the power of a person to secure (whether by the holding of shares, possession of voting rights or by virtue of any powers conferred by articles of association, constitution, partnership agreement or other document regulating such person) that the affairs of another are conducted in accordance with its wishes.
  3. Business Days means each day excluding Saturdays, Sundays and public holidays in Victoria, Australia.
  4. Buyer means a Member who orders or purchases Goods on, or via, the WeCollect Platform.
  5. Claim means any allegation, debt, cause of action, liability, claim, proceeding, suit or demand of any nature whether present or future, fixed or unascertained, actual or contingent, at law, in equity, under statute or otherwise.
  6. Commencement Date has the meaning in clause 4.1.
  7. Consequential Loss means the following, however arising and even if it is reasonably contemplated by the parties at the Commencement Date as a likely result of breach of the agreement: (i) direct, indirect, consequential, incidental, special, remote or unforeseeable loss, damage, cost or expense; (ii) loss of revenue, profit, income, bargain, opportunity, use, production, customers, business, contract, goodwill, or anticipated savings, loss caused by business interruption, or the cost of obtaining new financing or maintaining existing financing, loss of or corruption to data, loss of use of data, or loss of enjoyment; (iii) costs or expenses incurred to prevent or reduce loss or damage which otherwise may be incurred or suffered by a third party; (iv) loss or damage to any property, or for any personal injury or death; or (v) loss or damage of the nature set out above in clauses (i) to (iv) (inclusive) that is incurred or suffered by or to a third party.
  8. Content means all the information, text, materials, graphics, logos, button icons, images, video and audio clips, trade marks (whether registered or not), layout, arrangement, graphical user interface, look and feel, databases, functionality and control features of the WeCollect Platform.
  9. Force Majeure Event has the meaning in clause 23.
  10. Goods has the meaning in clause 2.1.
  11. GST has the meaning in the A New Tax System (Goods and Services Tax) Act 1999 (Cth).
  12. Intellectual Property Rights means designs, copyright, trade marks, patents, operations, software or systems, trade names and domain names, rights in goodwill, rights in confidential information, databases or other intellectual property rights, whether under statute, common law, equity, custom or usage, and whether registered or unregistered, and including all applications for, and renewals or extensions of, such rights and all similar rights which subsist or will subsist now or in the future in any part of the world.
  13. Listing has the meaning in clause 7.1 and includes any videos, content, materials, works, text, graphics, photographs, images, and other data.
  14. Loss means loss, damage, liability, charge, expense, outgoing, payment or cost of any nature or kind, including all legal and other professional costs including Consequential Loss.
  15. Member, you or your has the meaning in clause 1.1 and where the context permits, is a Buyer and/or Seller.
  16. Member Profile means the profile of a Member that is displayed on the WeCollect Platform and which contains the Member’s profile information (including Personal Information) and may include Listings (if the Member is selling Goods).
  17. Membership Fee has the meaning in clause 11.1.
  18. Membership Term has the meaning in clause 4.1.
  19. Password has the meaning in clause 5.2.
  20. Personal Information has the same meaning that it has under Privacy Laws, namely information or an opinion about an identified individual or an individual who is reasonably identifiable, whether the information or opinion is true or not and recorded in a material form or not.
  21. Privacy Laws means any applicable laws and codes of practice dealing with privacy, including the Privacy Act 1988 (Cth) (as amended), the Australian Privacy Principles and any other legislation, codes and policies relating to the handling of Personal Information.
  22. Personnel means any officer, employee, agent, contractor, sub-contractor or consultant of a party.
  23. Privacy Policy means our privacy policy available at [insert] or any other internet site notified by WeCollect from time to time, which is incorporated into this agreement.
  24. Profile Name has the meaning in clause 5.3(b).
  25. Prohibited Goods means any goods or products that are: (i) obscene, inappropriate, disparaging, indecent, offensive, pornographic or otherwise not suitable for children under the age of 18 years; (ii) are volatile, explosive, flammable, hazardous, toxic chemicals, pesticides, radioactive materials or otherwise damaging or dangerous, banned products or services or any goods, products or services that are illegal or cannot be sold or offered for sale under any Relevant Law; (iii) goods that stolen, replica, fake or counterfeit items and pirated software; (iv) Illegal drugs, prescription medication, drug paraphernalia, cigarettes, e-cigarettes, vape liquids and alcohol; (v) firearms, ammunition, fireworks, stun guns and knives; (vi) organs, blood, body parts, human ashes and placenta, live animals, endangered species, ivory (unless abides with antiquity laws) and animal hides/fur from restricted animals; (vii) pornography, sex services, obscene publications; (viii) unapproved medical devices, contact lenses, vaccines and COVID test kits; (ix) passports, IDs, licenses, police uniforms, currency, credit cards and lottery tickets (x) fake certificates, fake event tickets, scams, pyramid and scheme items; (xii) children’s toys containing lead; and (xiii) hacking, escort services, gambling services and illegal downloads.
  26. Purchase Price has the meaning in clause 11.2.
  27. Registration Portal means the registration portal on the Site used by Members to access, use and subscribe to the WeCollect Platform.
  28. Relevant Laws means any relevant rules of common law, principles of equity, international, federal, state and local laws, statutes, rules, regulations, proclamations, ordinances and by-laws and other subordinate legislation, rulings, or legal requirements anywhere in the world, and includes Privacy Laws.
  29. Seller means a Member who advertises and sells Goods on, or via, the WeCollect Platform.
  30. Site means our website located at [insert link to website] and social media linked pages or any other internet site notified by WeCollect from time to time.
  31. Third Party Payment Processor means Stripe and/or any other a third party payment processor permitted by WeCollect from time to time.
  32. User Name has the meaning in clause 5.2.
  33. WeCollect , we, our or us has the meaning given in clause 1.1, and where the context permits, our Personnel and Affiliates.
  34. WeCollect IP has the meaning in clause 15.1.
  35. WeCollect Platform means the online marketplace (including all Intellectual Property Rights contained therein) owned and operated by WeCollect and made available to Members via the Site.