Terms of use

Draft prepared for OzzBaba. Have a lawyer review it for every country you operate in before relying on it.

These terms are an agreement between you and OzzBaba ("OzzBaba", "we", "us"). They apply to the OzzBaba website, mobile apps and related services (the "Marketplace"). By creating an account or using the Marketplace you accept these terms and our Privacy policy, Cookie policy and Acceptable use policy. If you do not accept them, do not use the Marketplace.

1. Who can use the Marketplace

• The Marketplace is for business use. You must be at least 18 and able to enter into a binding contract.
• If you register for a company, you confirm you have authority to bind that company.
• We may refuse, suspend or close an account where we reasonably think these terms, the law or the safety of others is at risk.

2. Account types

• Buyers search, request quotes (RFQ), message suppliers and order goods.
• Suppliers list products, quote and sell. Suppliers must also follow the Supplier policy.
• Shipping companies list their services and deliver orders. They must also follow the Shipping partner policy.
• Buyers must follow the Buyer policy.

Keep your login private. You are responsible for activity on your account. Tell us promptly if you think it has been misused.

3. What OzzBaba does and does not do

OzzBaba provides the platform that connects buyers, suppliers and shipping companies. The contract for the sale of goods is between the buyer and the supplier. The contract for delivery is between the party that books the shipping company and that company. Unless we say otherwise in writing, we are not the seller, buyer or carrier, and we do not guarantee any product, quality, price, delivery date or user.

"Verified" badges mean we checked the business details a user gave us against the checks described on the site at that time. They are not a guarantee of quality, solvency or legal compliance.

4. Listings, quotes and orders

• Listings and quotes must be accurate, current and not misleading.
• A quote or listing is an invitation. A binding order exists when the buyer places an order that the supplier accepts (or the platform records it as accepted).
• Prices are shown in the currency the supplier chose and exclude tax unless stated. Tax shown before an order is placed is an estimate. The final tax is shown on the order.
• Suppliers are responsible for the tax, customs, licensing, labelling, product-safety and consumer laws that apply to what they sell and where they sell it.
• Buyers are responsible for import duties, taxes and permits in their own country unless the supplier agrees in writing to handle them.

5. Payments and Trade Assurance

Where Trade Assurance applies to an order, the payment is held until the buyer confirms delivery or a dispute is decided, as set out in the Trade Assurance terms. Pay only through the Marketplace. Payments made outside it are not protected and may breach our rules.

6. Shipping

Delivery is arranged between the supplier, the buyer and the shipping company. See Refunds, returns and disputes for what happens when goods are late, damaged or not as described.

7. Fees

Using the Marketplace is free unless we show a fee before you commit. If we introduce or change fees we will give notice before they apply to you.

8. Reviews and messages

Reviews must be honest and based on a real order. Do not post fake reviews, offer payment for reviews or threaten users. We may remove content that breaks our rules. Messages sent through the Marketplace may be reviewed by us to investigate disputes, fraud or abuse.

9. Your content and our content

You keep ownership of what you post (such as photos, descriptions and logos). You give us a worldwide, non-exclusive licence to host, display, translate and promote it on the Marketplace and in marketing for the Marketplace. You confirm you have the rights to give that licence. Our software, brand, design and text are ours or our licensors'. See the Intellectual property policy.

10. AI assistant

The Marketplace includes an AI assistant and AI writing tools. They can make mistakes. Check important details (price, specifications, legal and tax points) before relying on them. Do not enter secrets or other people's personal information. See the Privacy policy for how AI requests are handled.

11. Prohibited use

You must not break the law, list prohibited items (see Prohibited and restricted items), evade sanctions or export controls (see Sanctions and trade compliance), scrape or attack the service, or use it to mislead or harm others.

12. Suspension and ending your account

You can close your account at any time, including in the app (Account, Delete my account). We keep some records where the law or an open order requires it. We may suspend or end access if you breach these terms. Clauses that by their nature should continue (for example payment, liability and disputes) continue after your account ends.

13. Disclaimers

The Marketplace is provided "as is" and "as available". To the extent the law allows, we do not promise it will be uninterrupted or error-free.

Nothing in these terms excludes or limits any right you have under a law that cannot be excluded, including the Australian Consumer Law and consumer laws elsewhere. Where such a law allows us to limit our liability, our liability is limited, at our choice, to resupplying the service or paying the cost of having it resupplied.

14. Limit of liability

To the extent the law allows, we are not liable for indirect or consequential loss, loss of profit, revenue, goodwill or data, or for the acts or omissions of other users (including suppliers and shipping companies). Our total liability for any claim relating to the Marketplace is limited to the greater of the fees you paid us in the 12 months before the claim and AUD 500. This clause does not limit liability that cannot be limited by law.

15. Indemnity

You will cover us against claims, loss and reasonable costs arising from your content, your breach of these terms or the law, or your dealings with other users, except to the extent we caused the loss.

16. Disputes between users

Try to resolve problems directly first. Use the dispute tools described in Refunds, returns and disputes. We may help but we are not obliged to decide disputes except where Trade Assurance says so.

17. Changes

We may update these terms or any policy. We will post the new version with its date and, for material changes, tell you by email or in the app. If you keep using the Marketplace after the change takes effect, you accept it.

18. Governing law

These terms are governed by the laws of New South Wales, Australia. Subject to any mandatory consumer rights where you live, the courts of that place have exclusive jurisdiction.

19. General

These terms and the policies they refer to are the whole agreement between us about the Marketplace. If a part is unenforceable, the rest continues. We can transfer our rights under these terms to a successor to our business. You may not transfer yours without our consent. A delay in enforcing a right is not a waiver. We are not liable for events outside our reasonable control. We may give notices by email, in the app or on the site.

20. Contact

• OzzBaba

• Email: the contact details on our Help page