Terms & Conditions
Majiktree.com on behalf of Majik tree p/l – AUSTRALIA - (www.majiktree.com).
The company who registers at majiktree.com (“Member”), collectively “The Parties”. WHEREAS majiktree owns and operates a trading portal websites providing a platform of trading data specifically designed for businesses participating in international trade. WHEREAS Member operates a business and wishes to enter into this Membership Agreement (“the Agreement”) with maiktree.com to register and be included at the majiktree.com.
- Majik Tree is Majik Tree Pty. Ltd. (ACN: 613 020 438) of AUSTRALIA
- The Supplier is the party providing the goods and/or services to the Customer, through Majik Tree as agent for the Customer.
- The Customer is the party or any person acting on behalf of and with the authority of the Customer that the Order is provided for.
- The Order shall be defined as any request for the provision of Goods and /or Services by the Customer to the Supplier through Majik Tree.
- The Goods are the products provided by the Supplier to the Customer.
- The Services are all the delivery and/or supply of Goods, commodities, etc, done by the Supplier for the Customer, including advice/recommendations.
- The Majik Tree Services are all the transactions, publicity, etc, done by Majik Tree for the Supplier.
- The Membership Fee is the fee paid to Majik Tree by Supplier for publicity and advertising the Supplier’s Goods and Services on Majik Tree’s website.
- The Commission is the fee paid to Majik Tree by the Supplier for facilitating any and all transactions between the Supplier and the Customer.
- Majik Tree Transport is any freight or transport organised by Majik Tree at the Supplier’s request to facilitate the delivery of the Goods.
- The Charge is the amount the Supplier requests as payment for the Goods and/or Services, to be provided to the Customer.
- The Price is the amount invoiced for the Majik Tree Services provided and may include the Membership Fee and the Commission.
- The Payment Date is the date, provided by Majik Tree on tax invoices and/ or statements of account, on which payment for the Price become due & payable.
- Indirect, Special or Consequential loss or damage includes i) any loss of income profit or business; ii) any loss of good will or reputation; iii) any loss of value of intellectual property.
- Major failure in this Agreement is as defined under the Competition and Consumer Act 2010.
- GST refers to Goods and Services Tax under the Goods and Services Act 1999 (“GST Act”) and the terms used herein have meanings contained within the GST Act.
- The Majik Tree website is www.majiktree.com.
- These Terms and Conditions must be read in conjunction with Majik Tree’s Application Form.
- The Supplier acknowledges they will be bound by Majik Tree’s Terms and Conditions when using, viewing, utilising and/or accessing Majik Tree website.
- The Supplier warrants that he is legally able to enter into contracts.
- Any Majik Tree Services requested by the Supplier are deemed to incorporating these Terms and Conditions and may not be varied unless expressly agreed to by Majik Tree and the Supplier in writing. In the event that an inconsistency exists and/or arises between these terms and the Majik Tree Services it is acknowledged between Majik Tree and the Supplier that these Terms and Conditions will prevail.
- No subsequent correspondence or document or discussion shall modify or otherwise vary these Terms and Conditions unless such variation is in writing and signed by the Supplier and Majik Tree.
- The Terms and Conditions are binding on the Supplier, his heirs, assignees, executors, trustees and where applicable, any liquidator, receiver or administrator.
- In these Terms and Conditions, the singular shall include the plural, the masculine shall include feminine and neuter and words importing persons shall apply to corporations.
- Where more than one Supplier completes this Agreement each shall be liable jointly and severally.
- If any provision of these Terms and Conditions shall be invalid, void, illegal or unenforceable the validity, existence, legality and enforceability of the remaining provisions shall not be affected, prejudiced or impaired and the offending provision shall be deemed as severed.
- Majik Tree may license or sub-contract all or any part of its rights and obligations without the Supplier’s consent but Majik Tree acknowledges that it remains at all times liable to the Supplier.
- The failure by Majik Tree and the Supplier to enforce any provision of these Terms and Conditions shall not be treated as a waiver of that provision, nor shall it affect each Party’s right to subsequently enforce that provision.
- The Supplier acknowledges that Majik Tree will detail these Terms and Conditions on the Majik Tree website & Terms and Conditions shall apply to any dealings as between Majik Tree and the supplier and the Supplier is deemed to have notice of such Terms and Conditions and/or amendments.
- The Supplier acknowledges that Majik Tree is an agent of the Customer during the Order.
- The Supplier warrants that they are qualified and/or authorised and/or registered and/or licensed to sell the Goods and/or provide the Services. Further, the Supplier indemnifies Majik Tree against any indirect, special or consequential loss or damage that arises from the Supplier not being qualified and/or authorised and/or registered and/or licensed to sell the Goods and/or provide the Services.
- The Supplier shall pay Majik Tree’s Membership Fee before Majik Tree provides any publicity or lists the Supplier’s Goods and Services on the Majik Tree website.
- The Supplier shall pay Majik Tree a Commission for facilitating any and all Orders for Goods and/or Services.
- The Supplier acknowledges that Majik Tree will detail the current Membership Fee and Commission on its website and that the Membership Fee and Commission listed on the website shall apply to any dealings between the parties and the Supplier is deemed to have notice of any Membership Fee and/or Commission and/or amendments to same.
- Majik Tree reserves the right to change the Membership Fee and/or Commission in the event of a variation which was previously unknown or unforeseen by the parties at the time Majik Tree’s Services were requested and notice will be provided in writing by Majik Tree within a reasonable time.
- All prices shall be quoted in Australian Dollars and the Supplier shall pay Majik Tree in Australian Dollars. Should the Supplier fail to comply with this term, the Supplier will be liable to Majik Tree for any international transaction fees and/or related fees incurred by Majik Tree.
PROVISION OF THE GOODS AND/OR SERVICES
- The Supplier shall provide details of the Goods and/or Services to Majik Tree to list on the Majik Tree website.
- The Supplier shall advise Majik Tree of the Charge for the supply and delivery of the Goods and/or Services.
- The Customer shall pay the Charge to Majik Tree. 4.4. The Supplier shall complete the Order by providing the Goods and/or Services to the Customer:
- To Majik Tree if Majik Tree Transport has been agreed between the parties in writing, once Majik Tree has provided details of the Order and made payment of the Charge to the Supplier.
PROVISION OF MAJIK TREE SERVICES
- The Supplier must provide Majik Tree with a completed Application Form and any requested licenses, registrations and/or authority documents before any Majik Tree Services are provided.
- Majik Tree reserves their right to decline requests for any Majik Tree Services requested by the Supplier.
PAYMENT AND CREDIT POLICY
- Suppliers must make full payment to Majik Tree by the Payment Date stated on tax invoice(s) and/or statement(s) of account for the Majik Tree Services.
- Credit will only be granted at the sole discretion of Majik Tree and upon submission of a completed Application Form.
- Any credit granted may be revised by Majik Tree at any time,at its discretion.
- Majik Tree reserves the right to withdraw any credit facility upon any breach by the Supplier of these Terms of Conditions or upon the Supplier ceasing to trade and/or being subject to any legal proceedings and/or the Supplier committing an act of insolvency.
- The Supplier agrees that upon such withdrawal, any and all monies owing on the account shall become immediately due and payable
DISHONOUR OF CHEQUE
- If any cheque issued by the Supplier or by any third party in payment of the Price is dishonoured:
- Majik Tree may refuse to supply any further Majik Tree Services until satisfactory payment is received in full, including bank fees and charges;
- Majik Tree is entitled to treat the dishonour of the Supplier’s cheque as a repudiation of this Agreement and to elect between terminating this Agreement or affirming this Agreement, and in each case claiming and recovering compensation for loss or damage suffered from the Supplier.
- The Supplier may be liable for a dishonoured cheque fee of $40.00.
- Tax invoices and statements of account issued by Majik Tree shall be due and payable by the Payment Date stated on the tax invoice and/or statement of account (“Default Date”). Without prejudice to any other rights of Majik Tree, the Supplier may be charged interest at the rate of fifteen per centum (15%) per annum on any payment in arrears.
- If Majik Tree does not receive the Outstanding Balance for the Price on or before the Default Date, Majik Tree may, without prejudice to any other remedy it may have, forward the Supplier’s outstanding account to a debt collection agency for further action. The Supplier acknowledges & agrees:
- After the Default Date, the Outstanding Balance shall include, but not limited to, all applicable fees and charges under this Agreement;
- In the event of the Supplier being in default of his obligation to pay, and the overdue account is then referred to a debt collection agency and/or law firm for collection, the Supplier shall be liable for the recovery costs incurred, and if the agency charges commission on a contingency basis the Supplier shall be liable to pay as a liquidated debt, the commission payable by Majik Tree to the agency, fixed at the rate charged by the agency from time to time as if the agency has achieved one hundred per cent recovery and the following formula shall apply:
- In the event where the agency is Prushka Fast Debt Recovery the applicable commission rate for the amount unpaid is as detailed on www. prushka.com.au
- In the event where Majik Tree or the Majik Tree’s agency refers the overdue account to a lawyer the Supplier shall also pay as a liquidated debt the charges reasonably made or claimed by the lawyer on an indemnity basis.
RISK AND LIABILITY
- Majik Tree will not be liable for any indirect, special or consequential loss or damage caused as a result of the Supplier neglecting and/or failing to complete the transaction.
- The Supplier will be responsible for payment of any relevant taxes or fees owing under any domestic or international law as a result of using Majik Tree Services.
- After the Default Date, the Outstanding Balance shall include, but not limited to, all applicable fees and charges under this Agreement;
- The Supplier will be responsible for advising Majik Tree of its inability to provide the Goods and/or Services to any geographical location. Further, the Supplier indemnifies Majik Tree against any indirect, special or consequential loss/damage that arises from failure to comply with this term.
- Majik Tree will not be liable for any indirect, special or consequential loss or damage caused as a result of the Supplier not maintaining the confidentiality of their account password.
- Majik Tree will not be liable for any indirect, special or consequential loss or damage caused as a result of a virus or any third software transferred to your computer while you are on Majik Tree’s website.
- Majik Tree will not be liable for any indirect, special or consequential loss or damaged caused as a result of any incorrect information provided by the Supplier and then posted on the Majik Tree website.
- Majik Tree warrants that the Supplier’s rights and remedies in this Agreement arising from a warranty against defects are in addition to other rights and remedies under any applicable law in relation to the Majik Tree services to which the warranty relates.
- Majik Tree does not purport to restrict, modify or exclude any liability that cannot be excluded under the Competition and Consumer Act 2010 (Cth) or any related or complementary legislation or regulations as in force and amended from time to time.
- Majik Tree warrants that if any defect in any Majik Tree Services becomes apparent and is reported to Majik Tree within ninety (90) days of the provision of Majik Tree Services, (time being of the essence), Majik Tree will (at Majik Tree’s sole discretion) remedy the defective Majik Tree Services.
- To the extent permitted by law as read in conjunction with Clause 10.2, the Supplier’s liability in respect of defective Majik Tree Services will be limited to:
- the re-supply of the Majik Tree Services;
- the payment of the cost of having the Majik Tree Services supplied again;
- the refund of the Price paid by Supplier in respect of the Majik Tree Services.
- In respect of all claims Majik Tree shall not be liable to compensate the Supplier for any reasonable delay in remedying the defective Majik Tree Services or in assessing the Supplier’s claim. The Supplier warrants that it will use its best endeavors to assist Majik Tree with identifying the nature of the defective Majik Tree Services claim.
- Subject to clause 10.2 of this Agreement claims for warranty should be made in one of the following ways:
- The Supplier must send the claim in writing together with proof of purchase to Majik Tree’s business address stated in clause 1.1 of this Agreement;
- The Supplier must email the claim together with the proof of purchase to Majik Tree at email@example.com.
- The Supplier must contact Majik Tree on Majik Tree’s business number 1300562545.
- The Supplier shall manage and be liable for all warranty claims made by Customers relating to Goods and/or Services.
TERMINATION AND CANCELLATION
- Majik Tree may cancel any:
- Majik Tree Services to which these Terms and Conditions apply at any time before the Membership Fee is paid by the Supplier; and/or
- Order(s) to which these Terms and Conditions apply at any time before the Commission is paid by the Supplier, by giving written notice to the Supplier. Majik Tree shall not be liable for any loss or damage or consequential loss or damage whatever arising from such cancellation.
- Without prejudice to Majik Tree’s other remedies at law, Majik Tree shall be entitled to cancel all or any part of Majik Tree Services which remain unfulfilled and all amounts owing to Majik Tree shall, whether or not due for payment, become immediately payable by the Supplier in the event that:
- Any money payable to Majik Tree becomes overdue;
- The Supplier becomes insolvent, convenes a meeting with its creditors or proposes or enters into an arrangement with creditors, or makes an assignment for the benefit of its creditors; or
- A receiver, manager, liquidator (provisional or otherwise) or similar person is appointed in respect of the Supplier or any asset of the Supplier; or
- The Supplier breaches any of the terms of this Agreement.
- Majik Tree Services cannot be cancelled by the Supplier, unless expressly agreed to by Majik Tree in writing.
- The Supplier will indemnify Majik Tree against any indirect, special or consequential loss/damage arising from the Supplier cancelling the Order.
- Majik Tree acknowledges that in the event Majik Tree contravenes any of the terms of this Agreement, then clauses 11.3 and 11.4 will not apply.
- The Supplier shall have no right of set-off in any suit, claim or proceeding brought by Majik Tree against the Supplier for default in payment.
- The Supplier acknowledges that Majik Tree can produce this clause in bar of any proceeding for set-off.
- Majik Tree is not liable to provide insurance cover in relation to the provision of the Goods, Services and Majik Tree Services. The Supplier is responsible to effect whatever insurance cover he requires at his own expense.
- This Agreement is deemed to be made in the State of Victoria, all disputes hereunder shall be determined by the appropriate courts of Victoria.
PRIVACY ACT 1988
- The Supplier and/or the Guarantor/s agrees
- For Majik Tree to obtain from a credit reporting agency a credit report containing personal credit information about the Supplier and Guarantor/s in relation to credit provided by Majik Tree.
- That Majik Tree may exchange information about the Supplier and the Guarantor/s with those credit providers either named as trade referees by the Supplier or named in a consumer credit report issued by a credit reporting agency.
- The Supplier consents to Majik Tree being given a consumer credit report to collect overdue payment on commercial credit (Privacy Act 1988).
- The Supplier agrees;
- That any personal information provided by Majik Tree about a Customer, will only be used to fulfill a transaction through Majik Tree.
- Not to use personal information about a Customer to contact the Customer directly for the purposes of engaging in trade that is not facilitated by Majik Tree. If a Supplier breaches this term than Majik Tree may cease providing its services to the Supplier.
- These Terms and Conditions as defined in Clause 2.1 constitute the whole Agreement made between the Majik Tree and the Supplier.
- This Agreement can only be amended in writing signed by the Supplier and Majik Tree.
- All prior discussions and negotiations are merged within this document and Majik Tree expressly waives all prior representations made by it or on its behalf that are in conflict with any clauses in this document in any way.
- Nothing in these Terms and Conditions is intended to have the effect of contravening applicable provisions of the Competition and Consumer Act 2010 or Fair Trading Acts in each of the States and Territories of Australia.
BY SIGNING HERE I/We understand and agree to be bound by the Terms and Conditions set out herein.