Merchants Terms and Conditions

MERCHANT/PARTNERSHIP AGREEMENT TERMS AND CONDITIONS (Please Read Carefully)

IF YOU ACCEPT THIS AGREEMENT WITHOUT READING IT IN ITS ENTIRETY YOU ARE STILL BOUND BY THIS AGREEMENT IN ITS ENTIRETY

 

1. GENERAL AND MERCHANT RULES

1.1          Welcome to join Pommycity.com. All merchants have to accept this agreement Terms and Conditions through your use of Pommycity.com website, these general general Terms and Conditions, which are governed by Australia Law. Every users have to be 18 years old or plus. A merchant is a corporate or business body including  corporation, partnership, association, traders, or sole trader.  Merchant need to proof that it is exist with a real address futhermore need to provide company regisstration number.  All billing and registration information provided must be truthful and accurate. Providing any untruthful or inaccurate information may constitute a breach of these Agreement Terms and Conditions. If you have any questions about what you see on this page, please feel free to contact us at support@pommycity.com or +61 2 968 75158.

1.2         A merchant can have 1 Account only. If you have a double account, pommycity.com reserves the right to suspend or terminate one of your accounts or all of your accounts at any time with or without prior notice to you and no refundable even you have some credits and a legal action will also against you for the cheating or unhonesty or breach our rules. 

1.3         All merchant s need provide a valid current address, active email and phone that can be contacted at any time, only 1 email per one merchant. Merchant must inform Pommycity.com of any change in the merchant details, including email address, physical address and bank details if possible. This can be done through the dashboard on the Pommycity.com Website. Based upon the merchant identifiable information you provide us especially your Email, Pommycity.com will send you a welcoming email to verify your merchant name and password. We will also communicate with you in response to your inquiries or offers, to provide all of Pommycity.com services and facilities, and help you to manage your own account with Pommycity.com. Pommycity.com will communicate with you by email, telephone or skype etc in accordance with your wishes. You agree and authorize Pommycity.com to communicate with you; by post, e-mails, mobile sms, telephone, skype calls etc on the contact information provided by you. You may unsubscribe to any of these services, please contact support@pommycity.com.

1.4           Pommycity.com shall issue a user Name or Login Name and Password for all user including Merchant or trader (which shall be chosen by the user during registration and changeable at any time) to each user to access and use the Service or Facilities through their own login name. Each user shall be solely responsible for maintaining the confidentiality of its Login Name and Password and for all activities that occur under the Login Name and Password. A set of Login Name and Password is unique to a single Account and no user shall share, assign or permit the use of its Account, Login Name or Password to another person outside of the user business entity. You also agree not to use and access any other person's account, so please do not login to any account other than your own. Each user/merchant acknowledges that sharing of its Account with other persons, or allowing multiple user outside of its business entity to use its Account, will cause irreparable harm to Pommycity.com and each user shall indemnify Pommycity.com against any loss or damages (including but not limited to loss of profits) suffered by Pommycity.com as a result of such multiple use of an Account. The user/merchant who is the owner/manager have to be 18 years old and older.  Each user/merchant hereby undertakes to notify Pommycity.com immediately of any unauthorized use of its Account, Login Name or Password or any other breach of security. If your password is lost, stolen or security is compromised in any way, or you suspect this to be the case, then you must notify Pommycity.com immediately or reset your password. Each user hereby agrees that Pommycity.com shall not be liable for any loss or damages arising from the user/merchant’s failure to comply with this paragraph.

1.5         Only registered user (advertisers, super advertisers, free customers, charities and even  merchants) be able to purchase our products and services from Pommycity.com and its franchises or merchants, you shall be required to provide personally identifiable information to Pommycity.com on our order feature. You shall be required to provide contact information (such as name, email, phone, fax and address) and financial information (such as paypal, bank account or credit card number, expiration date etc). Pommycity.com uses this information for billing purposes and to fill your orders. If we have trouble processing your order, we will use this information to contact you.

1.6         Because user authentication on internet is very difficult, Pommycity.com cannot and does not confirm that each user is who they claim to be, Pommycity.com will do the best and need every single user to provide their legal company information (Company Registration No,  ABN, GST, Company Address). You are responsible to keep your own history record of any transactions between you and Pommycity.com, you and our franchises, you and your suppliers, you and your buyers/sellers etc for your taxation, proof of purchasing, financial planning, or other purposes in the future trading. Any disputes please do not hesitate to contact support@pommycity.com.

1.7         Pommycity.com is a publication online marketing or online advertising company and it’s for everybody; any business is welcome to register to be a free merchant. A free merchant can upgrade to be Paid Merchant-PM and Super Merchant-SM. All users can use Pommycity.com services and facilities and subject to Pommycity.com right and obligation. A free user or free merchant is free of charge. A paid user/merchant will be charge as set as below but a paid user merchant is not  an investor, we do not sell securities or investments and we are not a hyip or ponzi, moneygame, and pyramid scheme but we are an unique advertising company. We give to you what you have paid, we provide marketing tools, we will deliver all advertising packages that you have paid and we do not offer a refund for this purchase, however within 3 days YOU CAN cancel it, you will get refund with condition (but 10% admin fee + transfer fee may apply), if the products or services or facilities are not used, and no any of AC, APP, PCP, and STN have been subtracted from the original amount, and no STN has been organised in FIFO system. All paid Merchant PM and SM is charge monthly and non refundable, except stated on special promotion. Charges may vary from time to time but Pommycity.com will publish the updated information on our website at least 15 days before the change takes effect.

  * FREE MERCHANT -FM ---------- FREE

  * PAID MERCHANT - PM -----------$20 PER MONTH 

  * SUPER MERCHANT - SM -------- $50 PER MONTH 

1.8        The FM Account would not be expired  and it is forever.   Pommycity.com reserves the right to charge a $20 fee for a Paid Merchant, and $50 for Super Merchant. All transactions fee is made in US Dollar unless otherwise specified. If you are an Australian resident, then all transaction fees are not inclusive of GST, if you are not an Australian resident, then all transaction fees include GST except stated. After we have received your payment then your account will be activated within 48 hours, once your account is activated we will e-mail a full instructions and tell about your eligible and how to use your account.

1.9        You may from time to time be required to provide additional information to help us to serve you better.  You are responsible for updating your information should there be a change. You can do so by editing your dashboard profile on our website, you can info anything you like; business grow, new information, new ads etc at any time in your dashboard area. 

1.10       Each user/merchant hereby represents warrants and agrees to provide to Pommycity.com complete, correct, accurate, and current information about or business references as may be required. Each also has to maintain and promptly amend all information to keep it complete, correct, accurate, and current. Each user/merchant hereby grants an irrevocable, perpetual, worldwide and licensed it to Pommycity.com to display and use all information provided by such user/merchant in accordance with the purposes set forth in this agreement and to exercise the copyright, publicity, and database rights you have in such material or information. If you provide incorrect or inaccurate information, your ability to use the services and facilities of the site may be suspended or terminated temporal or permanently with prior notice. Moreover merchant hereby represents, warrants and agrees that continue to use the service and facilities shall not: 

a. contain fraudulent information or make fraudulent offers of items or involve the sale or attempted sale of counterfeit or stolen items or items whose sales and/or marketing is prohibited by applicable law, or otherwise promote other illegal activities;

b. be part of a scheme to defraud other users for any other unlawful purpose; 

c. infringe or otherwise abet or encourage the infringement or violation of any third party's copyright, patent, trademarks, trade secret or other proprietary right or rights of publicity and privacy or other legitimate rights;

d. impersonate any person or entity, misrepresent yourself or your affiliation with any person or entity;

e. violate any applicable law, statute, ordinance or regulation (including without limitation those governing export control, consumer protection, unfair competition, anti-discrimination or false advertising);

f. contain information that is defamatory, libelous, unlawfully threatening or unlawfully harassing;

g. contain information that is obscene or contain or infer any pornography or sex-related merchandising or any other content or otherwise promotes sexually explicit materials or is otherwise harmful to minors;

h. promote discrimination based on race, sex, religion, nationality, disability, sexual orientation or age;

i. contain any material that constitutes unauthorized advertising or harassment (including but not limited to spamming), invades anyone's privacy or encourages conduct that would constitute a criminal offence, give rise to civil liability, or otherwise violate any law or regulation;

j. involve attempts to copy, reproduce, exploit or expropriate pommycity.com's various proprietary directories, databases and listings;

k. involve any computer viruses or other destructive devices and codes that have the effect of damaging, interfering with, intercepting or expropriating any software or hardware system, data or personal information; and

l. involve any scheme to undermine the integrity of the computer systems or networks used by pommycity.com and/or any user of the Service and facilities and no user/merchant shall attempt to gain unauthorized access to such computer systems or networks;

m. link directly or indirectly to or include descriptions of goods or services or other materials that violate any law or regulation or are prohibited under this term and conditions Agreement.

1.11       Each user/merchant of acknowledges that inability to use the services and facilities wholly or partially for whatever reason may have adverse effects on its business. Each user/merchant hereby agrees that in no event shall Pommycity.com be liable to the user/merchant or any third parties for any inability to use the services and facilities (whether due to disruption, changes to or termination of the service or otherwise), any delays, inaccuracies, errors or omissions with respect to any communications or transmission or delivery of all or any part thereof, or any damage (direct, indirect, consequential or otherwise) arising from the use of or inability to use the services and facilities. Each user/merchant further agrees that any claim against Pommycity.com for pre-mature termination of the services and facilities. 

1.12         Should any part or provision of these agreement and terms and conditions of use is held to be unlawful, illegal, invalid, unenforceable, void or in conflict with any reason or rule or law, statute, ordinance or regulation, the legality or validity of the remainder of that provision and all other provisions shall not be affected and shall remain valid and enforceable (except force by Australia government Law then the remainder of the terms of use remain in full effect) unless otherwise stated. 

1.13         Pommycity.com treats equally without discrimination in racial, ethnic, religion or gender, everybody is able to be a Pommycity.com user/merchant free or paid. Pommycity.com is for everybody.  Pommycity.com honour and respect human being, so Pommycity.com is not agreed with any user/merchant involved and supporting terrorism act. If you involved such as organisation you will agree Pommycity.com reserves the right to suspend and terminate your account, and you also agree that all your bonuses will be freezed, be donated and transfer to Lovepeople.org or your local community within 3 months time without your concern and you also agree it is not Pommycity.com management fault and no eligible to claim for a compensation and you are not going to sue pommycity.com. 

1.14         Each user/merchant represents, warrants and agrees that with regards to information about or posted on behalf of any individual or business referee, it has obtained all necessary consents, approvals and waivers from the individual or its business partners and associates to act as such user/merchant business lawyer.  To post and publish their contact details and information, reference letters and comments on their behalf.  The third parties may contact such business referees to support claims or statements made about the user/merchant/customers. Each user/merchant further warrants that all reference letters and comments are true and accurate and hereby waives all requirements for such user/merchant consent to be obtained before third parties may contact the business referee. 

1.15         Each user/merchant/ free or paid acknowledges and agrees that Pommycity.com shall not be required to actively monitor nor exercise any editorial control whatsoever over the content of any message or other material or information created, obtained or accessible through Pommycity.com services, facilities, platforms and offers. Pommycity.com does not endorse, verify or otherwise certify the contents of any comments or other material or information made by any user/merchant. Each user/merchant is solely responsible for the contents of their communications and may be held legally liable or accountable for the content of their comments or other material or information. 

1.16         Each user/merchant represents, warrants and agrees that it has obtained all necessary pommycity.com or third party copyright or trademark licenses and permissions and shall be solely responsible for ensuring that any material or information it lists, posts on the site or provides to Pommycity.com or authorizes Pommycity.com to display does not violate the copyright, trademark, trade secret or any other personal or proprietary rights of any third party or is posted with the permission of the owner(s) of such rights. 

1.17         If any user/merchant breaches the representations, warranties and covenants of paragraphs above, or if Pommycity.com has reasonable grounds to believe that such user/merchant is in breach of such representations, warranties and covenants, Pommycity.com has the right to suspend or terminate of the services, facilities or offers with respect to such user/merchant  without any compensation or refund, and refuse any and all current or future use of the service or any other services that may be provided by Pommycity.com. Further, Pommycity.com reserves the right in it sole discretion to remove any material it reasonably believes that is unlawful, could subject Pommycity.com to liability, violates this Agreement or the Pommycity.com terms of use or is otherwise found inappropriate in Pommycity.com's opinion. Pommycity.com reserves the right to cooperate fully with governmental authorities, private investigators and/or injured third parties in the investigation of any suspected criminal or civil wrongdoing. Further, Pommycity.com may disclose the user/merchant identity and contact information, if requested by a government or law enforcement body, an injured third party, or as a result of a subpoena or other legal action, and Pommycity.com shall not be liable for damages or results thereof and user/merchant/customer agrees not to bring any action or claim against Pommycity.com for such disclosure. In connection with any of the foregoing, Pommycity.com may suspend or terminate the account of any user/merchant/customer, as Pommycity.com deems appropriate in its sole discretion.  

1.18         The agreement term and conditions will be posted at the Pommycity.com site all the time. Pommycity.com reserves the right at its sole discretion to disqualify any individual if finds to be tampering with the offer or sell or any activity or the operation of the website; to be acting in violation of the agreement term; or to be acting in an unsportsmanlike or disruptive manner, or with intent to annoy, abuse, threaten or harass any other user/merchant or participant. Pommycity.com reserves the right to audit all user/merchant at all the time of any promotion at any form of advertisement and if any user/merchant has more than 1 user/merchant account so Pommycity.com has the right to revoke all the bonuses or rebate. CAUTION: ANY ATTEMPT BY A USER/MERCHANT AND/OR ANY OTHER INDIVIDUAL/COMPANY TO DELIBERATELY DAMAGE ANY WEBSITE AND/OR UNDERMINE THE LEGITIMATE OPERATION OF POMMYCITY.COM PROGRAM IS A VIOLATION OF CRIMINAL AND CIVIL LAWS AND SHOULD SUCH AN ATTEMPT BE MADE, POMMYCITY.COM RESERVES THE RIGHT TO SEEK DAMAGES FROM ANY SUCH INDIVIDUAL TO THE FULLEST EXTENT PERMITTED BY LAW. 

1.19         Each user/merchant agrees to indemnify Pommycity.com, its employees, franchisees, partnership, agents, advertiser or super advertisers or a representatives and to hold them harmless, from any and all losses, claims and liabilities (including legal costs on a full indemnity basis) which may arise from its submissions, posting of information or deletion thereof, from such user/merchant use of the services, facilities or offers of from such user/merchant breach of this agreement. Each user/merchant further agrees that Pommycity.com is not responsible, and shall have no liability to it or anyone else for any material posted by such user/merchant or third parties; including fraudulent, untrue, misleading, inaccurate, defamatory, offensive or illicit material and that the risk of damage from such material rests entirely with each user/merchant. Pommycity.com reserves the right; at it own expense, to assume the exclusive defence and control of any matter otherwise subject to indemnification by the user/merchant, in which event the user/merchant shall cooperate with Pommycity.com in asserting any available defences. 

1.20         Pommycity.com is not responsible for any incorrect, inaccurate or not current information given by user/merchant whether caused by user/merchant purpose or any user/merchant and/or by any of the equipment and/or programming associated with and/or utilized in any contest or by any technical or human error which may occur in the processing of submissions in transactions (sell, buy, trade, offer, bid, user install, bonuses or rebate). Pommycity.com assumes no responsibility for any error, omission, interruption, deletion, defect, delay in operation or transmission, communications line failure, theft and/or destruction and/or unauthorized access to, and/or alteration of entries. Pommycity.com is not responsible for any problems and/or technical malfunction of any telephone network or lines, computer on-line-systems, servers or providers, computer equipment, software, failure of email and/or players on account of technical problems and/or traffic congestion on the Internet and/or at any website or combination thereof, including injury or damage to user/merchant or participants or to any other person's computer related to and/or resulting from participating or downloading materials. If, for any reason, the transaction is not capable of running as planned, including infection by computer virus, bugs, tampering, fraud, technical failures, unauthorized intervention, and/or any other causes beyond the control of Pommycity.com which corrupt or affect the administration, security, fairness, integrity and/or proper conduct of this contest, Pommycity.com reserves the right at their sole discretion to cancel, terminate, modify and/or suspend the transaction at any time. 

1.21         As a user free merchant or paid  you will not be permitted to create, publish or distribute any literature or materials representing Pommycity.com other than which is provided by Pommycity.com, except with an agreement and permitted by Pommycity.com, you have to ask for a formal permission. 

1.22        No responsibility is assumed by Pommycity.com or sponsors for lost, late, misdirected entries or for any computer, online, telephone or technical malfunctions that may occur. 

1.23         All of your advertisements listed in any platform at any suburb, council, city, state and country or global in pommycity.com including Shopping Transaction Number-(STN), Coupon Deals, Text Ads, Banner Ads, Video Ad, Jobs Ads, Cars Ads, Opportunity Ads, Property Ads,  PDF Files Ads, Special Ads, Directory Ads, Marketplace or Classifieds Ads and General Seeking/Offering Ads etc will be suspend, hold, or removed if your  ads credit and  APP have gone or it has exceed the limit time or your advertisements have expired. Pommycity.com will manage or remove or delete the old data or file, but so you will be able re-advertise or re-list or re-posting your inquiry in Pommycity.com at any time if you buy more ads credit or APP.  Pommycity.com will allow any users/merchants to advertise or post or lists with a limited time and all depend on the ads credits or APP. User/merchant can advertise or list or posting their inquiry from any time to any time.

1.24         By using this site, you agree to the Pommycity.com agreement and the terms of use. If you not agree to these agreement and terms of use, please do not register to be our user/merchant and use our websites. We reserve the right, at our discretion, to change, modify, add, or remove portions of these agreement and terms of use at any time. Your continued use of the Pommycity.com sites or your continued acceptance of services and facilities or our offers or email following the posting of changes to these agreement and terms of use will signify your acceptance of these changes. Please check this page frequently for any changes. 

1.25         Pommycity.com will use our reasonable endeavours to maintain all our services, facilities and offers. Pommycity.com will not guarantee that our services, facilities and offers without error or offline because of many reasons. If for any reason, the transaction is not capable of running as planned, including infection by computer virus, bugs, tampering, fraud, and technical failures etc. Pommycity.com will maintain it asap within 72 hours, if within 72 hours Pommycity is not able provide the services, facilities and offers then Pommycity.com will give you a compensation for service failures, eg. $10 ads credit or APP or 2 STN . If our service is offline for more than a total of 168 hours in any 30 day period, or if the service is unavailable for more than seventy two consecutive hours. Compensation will be limited to a maximum of the monthly fee for that period or $20 for PM or $50 for SM. If any information is displayed incorrectly it is your responsibility to inform us of any corrections that need to be made. We accept no responsibility for loss of income or any actions taken against you for any information that you provide and displayed on your posting. 

1.26         Each user/merchant has an agreed to a bandwidth limit in a free posting or usage. Bandwidth is the amount of data transmitted to/from your account (Webpages, Posting, upload etc). Although we will allow some customers to go over their bandwidth limit with reasons, we reserve the right to suspend all account for excessive usage if the posting is free of charge, you can post, upload as many as ads in Pommycity with AC or APP. All bandwidth is measured between the first and last posting, accounts suspended due to high bandwidth usage will be reinstated on the next 72 hours. Excessive e-mail, posting, listing or inquiry will also be included in the bandwidth clause. You will be liable for excess bandwidth charges if you have used bandwith limit after we have given a written notice via e-mail prior. 

1.27         SPAM is unsolicited e-mail, which is sent to individuals within pommycity.com. It is also the practice of posting inappropriate material to one or more groups. SPAM is strictly prohibited on Pommycity.com. You must not use our platform to send Unsolicited Commercial E-mail (UCE) or Unsolicited Bulk E-mail (UBE). And you must not send or publish any information including Pommycity.com's offer, promotion,  system etc to anybody that you do not know through pommycity facilites, social media platform such as facebook, twitter, google, orkut etc.   

1.28        In the event Pommycity.com goes through a business transition, such as a merger, acquisition by another company, or sale of all or a portion of its assets or IPO (Initial Public Offerings), your personally identifiable information will likely be among the assets transferred. You will be notified via email of any such change in ownership or control of your personal information. 

1.29         You also agree that Pommycity.com may revise these terms and conditions from time to time including pommycity.com's program,  systems and sharing profits to all of our users. We will notify you of such revisions and provide you with the opportunity to review such revisions and to either accept or decline to accept the updated user/merchant Agreement Term and Condition. If you decline to accept Pommycity.com updated user/merchant Agreement Term and Condition, then you shall terminate your user/merchant and dont use our service and facilities or you can decline to accept the updated user/merchant Agreement Term and Condition at any time by cancel your user/merchant and write to us (but Pommycity.com never refund or give a compensation for any unused ac or app except STN). If you neither accept nor decline to accept, your failure to respond and continued participation as a user/merchant will be considered as consent to, and acceptance of Pommycity.com modified terms. 

1.30         It is your responsible to disclose your Company Identifiable Information with Third Parties  or not but Pommycity.com reserve the right to disclose it as required by law and when we believe that disclosure is necessary to protect our rights and/or to comply with a judicial proceeding, court order, or legal process served on our Pommycity.com website. These agreement and Terms of Use shall be governed by and construed in accordance with the laws of Australia and you as a user/merchant agree to submit to the non-exclusive jurisdiction of the Australia courts.

1.31         Pommycity.com user/merchant system loyalty program will continue as long as you still active and you are able login to our website. Pommycity.com reserves the right to change, withdraw, upgrade, modify, limit or suspend or even cancel the user rebate program temporary or permanently if we think this program does not help and give any benefits to Pommycity. Pommycity.com will not hesitate change, withdraw, upgrade, modify, limit or suspend our program and to a better program system or if it is not support by Ministry of Consumer Affairs, Commerce Commission or any legal government department or agency in Australia or others country. 

1.32         Pommycity.com reserves the right also to suspend or terminate any account and decline funds for any participant that is partaking in illegal, improper activities or against Australia Law or society. These include, but are not limited to, fraudulent credit activity, newsgroup spamming, money game, hyip, ponzi, unsolicited e-mail, spread speech of hate or involved in terrorist activity. 

1.33         All the loyalty and marketing tools system program of Pommycity.com are changeable at any time under policy and management Pommycity.com. All the percentage rebate of every single fields are present or gift from Pommycity.com, the percentage rebate system were form by management of Pommycity.com to help merchant, and Pommycity.com reserves right to change, withdraw, upgrade, modify, limit or suspend or even cancel the rebate or bonuses of user/merchant  temporary or permanently with prior notice. Pommycity.com further reserves the right change, upgrade, modify, limit or suspend the services or facilities or any of its related functionalities or applications at any time temporarily or permanently with prior notice. Pommycity.com is also reserves the right to introduce new features, functionalities or applications to the service or to future versions of the services and facilities. All new features system, functionalities, applications, modifications, upgrades, and alterations shall be governed by this Agreement, unless otherwise stated by Pommycity.com. 

1.34         As a user/merchant you understand that you are only a user/merchant or contractor, and not a partner, agent, employee, or legal representative or franchisee of Pommycity.com. You further understand and agree that you will not be treated as an employee for the purposes of any applicable law of Australia, which relates to tax, superannuating, or employment or any other matter. You agree and will pay all applicable Australia taxes if you have to, under Australia law that as a result of your activities under this agreement with Pommycity.com.

1.35         Every new user/merchant has a ID No. As a user/merchant you will use best effort to develop and service to promote and introduce user/merchant world widely if you want to get more rebate or sharing profits.

1.36         Payment preference is a predetermined minimum amount of money you must have in your account before we send you money. You may select an amount from $20 to $,2000,000 as your bonus payment preference amount per month, as our minimum WD is $20.  

 

2.             MARKETING TOOLS (WEBPAGES, ADS CREDIT, COUPON DEALS, STN, APP, and PCP)

2.1           WEBPAGES

We provide or give webpages to any our user/merchant for personal use, hobby, arts, business, promotion, profiles or to attract visitors or customers come to shop.

2.1.1        Pommycity.com Provides webpages for its user/merchant to advertise or promote their business. Each user/merchant acknowledges that all the information including files, data, text, messages, music, sound, photographs, graphics, video, software or other materials, whether publicly posted or privately transmitted through on the site, are the sole responsibility of such user/merchant from whom the content originated. This means that the posting user/merchant and not Pommycity.com, is entirely responsible for all content that is uploaded or posted via our webpages  in suburb, council, city, state and country or global Platform at anywhere. Pommycity.com does not control the content posted in suburb, council, city, state and country Platform or Pommycity.com generally at all the time and therefore does not guarantee the accuracy, integrity or quality of such content legal or illegal.

2.1.2        Through our site, Pommycity.com provides an electronic web-based platform only for exchanging information from customers to customers, business-to-business, business to customers or with a simple word; suppliers to customers, sellers to buyers or online to offline, offline to offline or as a virtual or real market. Pommycity.com does not represent the seller nor the buyer, advertiser or viewer or visitor, auction or in any specific transactions. As a result, Pommycity.com does not control and is not liable to or responsible for the quality, safety, lawfulness or availability of the products or services offered for sale, auction or any transaction on the website or the ability of the suppliers to complete a sale or the ability of buyers to complete a purchase.

2.1.3        Users/merchants are hereby made aware that there may be risks of dealing with people acting under false pretences. Pommycity.com uses several techniques to verify the accuracy of the information our users/merchants provide us when they register on the website. However, because user verification on the Internet is impossible and difficult, Pommycity.com cannot and does not confirm each users purported identity. We encourage you to use the various tools available on the website, as well as your common sense, to evaluate with whom you are dealing and you need to consult with your local business council or embassy or contact or visit them physically, never make any payment before you have found the reality.

2.1.4        Each user acknowledges that it is fully assuming the risks of purchase and sale transactions when using the website to conduct transactions, such risks shall include, but not limited to mis-representation of products and services, fraudulent schemes, unsatisfactory quality, failure to meet specifications, defective products, delay or default in delivery or payment, cost mis-calculations, breach of warranty, breach of contract and transportation accidents etc. Each user agrees that Pommycity.com shall not be liable or responsible for any damages that may arise a result of or in connection with any transaction risks.

2.1.5        Users/merchants are solely responsible for all of the terms and conditions of the transactions conducted on, through or as a result of use of the Pommycity.com facilities and services through the website, including, without limitation, terms regarding payment, returns, warranties, shipping, insurance, taxes, title, licenses, fines, fees, permits, handling, transportation and even storage. You acknowledge and agree that you are solely responsible for the form, content and accuracy of any resume or material contained therein placed by you on Pommycity.com. Users/merchants as employers/employee/seller/buyer are solely responsible for their postings on Pommycity.com, pommycity.com is not to be considered to be a seller/buyer/employer/employee with respect to your use of this site and Pommycity.com shall not be responsible for any of sale/employment decisions, or whatever reason made by an entity posting in jobs ads Pommycity.com site.

2.1.6        In the event that any user/merchant has a dispute with any party to a transaction, such user/merchant agrees to release and indemnify Pommycity.com      (directors, officers and all employees) from all claims, demands, actions, proceedings, costs, expenses and damages (including without limitation any actual, special, incidental or consequential damages) arising out of or in connection with such transaction.

2.1.7        Pommycity.com will provide a platform of suburb, council, city, state or country to super advertiser to attract any user/merchants to sell, buy or trade products or services in the platform that he/she manages. Pommycity.com does not take any part in the sale of items other than by providing our website as a venue for user/merchant or business-to-business, business to customers and customers to customers or with a simple word; suppliers to customers, sellers to buyers or Online to Offline and Offline to Online as a virtual online market.

2.1.8        All the advertisement is seller or buyer responsible, Pommycity.com will not allow any illegal item or prohibited items sell or inquiry or offer on the website according to Laws, Pommycity.com will suspend or delete the ads as soon as possible.  Any users/customers breach this agreement, Pommycity.com reserves the right to suspend or terminated his user/merchant, and also any user/merchant breach the law will be persecuted. Please see the Illegal Item or Prohibited Items.  User/merchant or participant’s responsibility is to ensure that such postings are accurate, true, up-to-date, lawful, and not misleading. Any postings whereas are no longer current should be promptly removed. Pommycity.com may, in its sole discretion, edit or remove any postings at any time to ensure compliance with our policy. Any posting need to advertise the date of offer or inquiry but not limited to closing and last respond time, the local and national advertising or posting is available to a maximum 1 month for free ads, for a paid ads without limit if you use Ad Credits or APP, and Coupon Deals. 

2.1.9        Every user/merchants are able to sell or buy or make an offer or inquiry in the suburb, council, city, state and country platforms as long as he/she has ads credits or APP.  But user/merchants from a different country are not able or permitted to sell or buy from the others countries if it is in the suburb or national platform especially Garage Sale or Free Offer (except stated clear).

2.1.10      All user/merchants are able to identify and find the cheapest, reliable, sustainable supplier in a  suburb, council, city, state or country and we encourage you to use the various tools available on the website, as well as your common sense, to evaluate with whom you are dealing and you need to consult with your local business council or embassy or contact or visit them physically, never make any payment before you have found the reality especially it is for  International Market.

2.1.11      Pommycity.com will not responsible of any misleading and misinformation provide by the suppliers or seller about the products or services and pricing. Buyers make their own risky decision to contact and make a deal with the suppliers and agree that Pommycity.com shall not be liable or responsible for any damages that may arise a result of or in connection with any transaction risks.

2.1.12       Through services and facilities (webpages), Pommycity.com provides suburb, council, city, state, country platform for merchants or users or suppliers or traders to list their products and services and the pricing. It is merchant or users or supplier or trader responsible lists or posts advertisement with a complete, correct, accurate, current and reliable information about products and services and pricing for buyers and customers. Pommycity.com does not represent the supplier for pricing, as a result Pommycity.com does not control and is not liable to or responsible for the products and pricing offered on the website. If a supplier provide incorrect or inaccurate information about the products and pricing, then your ability to use the services and facilities of the site may be suspended or terminated temporal or permanently with prior notice if you have breached the rule.

2.1.13       Pommycity.com will provide your information to the extent necessary or appropriate to comply with applicable laws or in legal proceedings where such information may be relevant to our platform for an offer or inquiry as stated in his/her user/merchant right. Pommycity.com does not take any part in any of the offer or inquiry other than by providing our website as a venue for user/merchant temporal or permanently.

2.1.14       All the advertisement is user/merchant responsible; Pommycity.com will not allow any fault offer or promotion. Pommycity.com will not limit users/customers to advertise their offer or promotion in Pommycity.com as long as you have ads credit  or APP and it is genuine his/her products or he/she is able to sell it. But Pommycity.com reserves the right to remove an advertisement if we think or somebody file a complaint or a report that the offer or promotion is a scam or misleading or the images or photos it is not belong to the advertiser. Pommycity.com will suspend or delete any of such ads as soon as possible. Any user/merchants still keep promote, it breaches this agreement, Pommycity.com reserve the right on the sole discretion to suspend his/her account with or without warning and any user/merchant breach the law will be persecuted.

2.1.15       Pommycity.com. will occasionally send you information on services, special deals, products, promotions, news and best offer personally to your private email or sms but at any situation if you wish to unsubscribe, please info Pommycity.com about your decision.

2.1.16       Pommycity.com will send user/merchant strictly service-related announcements on rare occasions when it is necessary to do so. For instance, if Pommycity.com service is temporarily suspended for maintenance, Pommycity.com might send every user/merchant an email. If you do not wish to receive email, you have to select or deactivate your account.

2.1.17       Pommycity.com cannot guarantee and does not promise any specific results from use of Pommycity.com, no advice or information, whether oral or written, obtained by you from Pommycity.com shall create any warranty not expressly stated herein.

2.1.18      Through our platform, Pommycity.com provides an electronic web-based platform for people to meet people world widely for personal.  Pommycity.com does not control and is not liable to or responsible for any false pretences of inquiry or information.

2.1.19      Throughout our Pommycity.com, we provide you free space for you to advertise yourself to looking for partner, friendship or relationship, etc as pommycity is also a social media.  Pommycity.com reserves the right to persecute and suspend or terminate any user/merchant who made a false or posted an offensive or illicit material. The Personal platform is for a 18 years old and above people only and only a paid user/merchant of super Advertiser  is able to see all the advertisement completely and able make a contact with you.    

2.1.20      Every paid Super Advertiser will be able to see and contact any of user/merchant who have published their details in Pommycity.com. A user/merchant has to publish her/his genuine, correct, accurate and current information correctly all the time; any manipulate data and incorrect information Pommycity.com will preserve the right to suspend, delete, terminated and moved it from publish with or without prior notice.

2.1.21       Pommycity.com will not responsible for any mistake, fraudulent, untrue, misleading, inaccurate, defamatory, offensive or illicit material posted by users, and any false or untrue information posted in the Pommycity.com, Pommycity.com reserve the right to hide, remove or delete such things at any time with or without prior notice temporary or permanently.

2.1.22       Users are not permitted either to host, store, or distributing child pornography in Pommycity.com website. If any such content is found and brought to our attention, the proper law enforcement agencies will be notified, you will be persecuted under Australia law or even in your country law.

2.1.23       Users are not permitted either to host, store or distributing of any illicit pictures, including photos, images, or even of animal involved in sexual acts in the public board. If any such content is found Pommycity.com reserves the right to delete and suspend any user/merchant at any time with or without prior notice or warning.

2.1.24       Users are not permitted either to host, store or distributing of any illicit story including his personal experience or even a fiction. If any such content is found Pommycity.com reserve the right to delete and suspend any user at any time with or without prior notice or warning.

2.2.          ADS CREDITS

               Ads Credit is using by a users or seller to ads or to offer to customers or buyers, customers or buyers will review what they offer, and everybody can use Ads Credit to attract shoppers to purchase online or offline.

2.2.1       Purchase of Ads Credits

2.2.1.1    You can purchase our products, services and facilities including Ads Credit by Bank Transfer, Credit Card, Paypal and Ewallet.   In the future we might using Ewallet only, and you need to fill your E-wallet before you are be able to do a purchase.  After Pommycity has confirmed  your order then Pommycity will send you an Invoice of Purchase and the amount of AC that you have paid. We keep a copy of the contract between us. You are welcome to print out these terms and conditions from our website as a record. 

2.2.1.2     Right to cancel: Once we have sent you the AC, you will be entitled to cancel it within 3 days. This will only apply if the Pommycity Products, Service and Facilities Ad Credits  have not been subtracted from the original amount. There is no refund if you have used your Ad Credits whether is for your own advertise or others even within 1 hour or less.  Please, If you do want to cancel, you must do so by sending us an email within 3 days and to tell us you are cancelling via: cs@pommycity.com (but 10% admin fee + transfer fee may apply).

2.2.1.3      Ads Credit will be subtracted automatically from the amount AC after the user have set in daily or PPC when others click the ad.

2.2.1.4      HOW DO WE GET MORE ADS CREDIT ?

2.2.1.4.1   A user/merchant can purchase Ad Credits-AC from Pommycity.com directly with ewallet, credit card, bank transfer etc.

2.2.1.4.2   A user/merchant also can purchase also from other user or seller or member who has collected  2000AC or more in auction platform.

2.3            COUPON DEALS

                 Coupon Deals is provide to help merchants reach more customers from a suburb/village, council/district, regency/city or state/province, national(country) or international(Global).

2.3.1         Purchase of Coupon Deals

2.3.1.1      You can purchase our products, services and facilities including Coupon Deals by Bank Transfer, Credit Card, Paypal and Ewallet.   In the future we might using Ewallet only, and you need to fill your E-wallet before you are be able to do a purchasing.  After Pommycity has confirmed  your order then Pommycity will send you an Invoice of Purchase and the amount of Coupon Deals that you have paid. We keep a copy of the contract between us. You are welcome to print out these terms and conditions from our Website as a record. 

2.3.1.2      Users/merchants who like the offer of Coupon Deals from a seller/merchant then the user/buyer  must pay the voucher first from $2 to $20 and pay the rest offer or the real price that stated in each Coupon Deals.

2.3.1.3      As a seller/merchant who ads in Coupon Deals must collect the amount money stated on the coupon deals from a user/buyer when they come and show the Coupons Deals tickets at the point of sales.

2.3.1.4      A Merchant/seller must obey the regulations and terms and conditions of any transaction between sellers to buyers.  

2.4         STN– SHOPPING TRANSACTION NUMBER

              STN is a very unique, everybody loves STN and only available in Pommycity system and it is a win win solution for customers, merchants and everybody. Customers or buyers can get a STN when they shop at Pommycity Merchants, Pommycity Franchises online or offline, promotion at Pommycity or from you as a seller who provide a STN.

2.4.1      A STN Bonus is Pommycity loyalty program to help Merchants or sellers to sell more and attract more customers/buyers come to shop with our merchants. 

2.4.2      A STN is expired or matured when it has got profit sharing from Pommycity with a total $938.60 or after 5461 STN in 1 group per 1 cycle. Pommycity will give the STN Profit Sharing a total of $938.60 in 1 cycle  to a FC, AD, AD+ or SA, they will receive variation bonuses including FIFO, random, special selected from $10 to $938.60 per STN, until 1 cycle STN is complete or receive a whole total sharing profit bonus. A SA member will get a whole total bonus $938.60, Ad + receives $235,  an AD only receives $90 and a FC receives $45 only (some users in others country will be set to receive maximum US$930  for a SA,  $235 for an AD+, $90 for an AD and $45 for a FC before tax) and also  A merchant's  STN distributor will get a rebate when the customers/buyers(FC, AD, AD Plus, Charity) STN  is Expired. a FM will get rebate $45, a PM will get a rebate $90 and a SM will get a rebate $180.  

2.4.3      To support a Merchant selling better, every a 30 STN tickets from the merchant that have been arranging in FIFO system then Pommycity.com will help the merchant to draw a STN ticket to get $10 for all their customers. If the winner is a SA or an AD or an AD Plus then they will receive the profit sharing bonus of the STN voucher $10.00. If the winner is a FC then Pommycity will help the FC to upgrade to be an AD for free and this member will get $90 for his/her STN ticket when it expired in FIFO.

2.4.4     Since STN programs is Pommycity.com's loyalty program to help merchants  to sell more, to attract more customers to come to shop in your business and even compete your competitors. Merchant purchases STNs Voucher to draw customers/buyers come to buy but a merchant is not an investor, and Pommycity.com does not sell securities or investments, Pommycity.com is a marketing and advertising company online and offline, Pommycity will deliver all advertising packages or advertisement or markeketing tools that you have paid and we do not offer a refund for any purchases, plese refer to Pommycity.com 's REFUND POLICY at Clause 3. Moreover Merchant/user is agreeing that it is not an investment when you buy STN vouchers  from Pommycity to attract customers/buyers to come to shop with you, pommycity will send the amount of customers to you to shop at your business to get the STN voucher and the unsold STN vouchers will be refunded after 3 months, terms and conditions apply.

2.4.5     As a merchant you should understand how the STN loyalty program works well, and merchants must info members that a STN Voucher bonus is a free gift from POMMYCITY to all participants including merchants and users, so POMMYCITY never ever owe anybody in this programs. POMMYCITY reserves the right to give or share our profit to anybody at our disclosure at any time. Moreover POMMYCITY reserves the right to change, withdraw, upgrade, modify, limit or suspend or even cancel the STN Bonus free gift  program system temporary or permanently with prior notice, and Pommycity does not guarantee that everybody will get the STN Bonus all the times but every single mature STN voucher in FORCE MATRIX 4X6  or after 5461 STN in 1 group per 1 cycle in FIFO, Random or Selective potentially will get a free gift bonus from POMMYCITY with unknown and unlimited time.   

2.5        APP-ADS PACKAGE POINTS 

             Ads Package Points is using by a user/merchant or seller  to ads or to offer his/her products/services to customers/buyers in Pommycity.com.

2.5.1     Purchase of APP-Ads Package Points

2.5.1.1  You can purchase our products, services and facilities including Ads Package Points by Bank Transfer, Credit Card, Paypal and Ewallet.   In the future we might using Ewallet only, and you need to fill your E-wallet before you are able to do a purchase.  After Pommycity has confirmed  your order then Pommycity will send you an Invoice of Purchase and the amount of APP that you have paid. We keep a copy of the contract between us. You are welcome to print out these terms and conditions from our Website as a record.  

2.5.1.2    Right to cancel: Once we have sent you the APP, you will be entitled to cancel it within 3 days. This will only apply if the Pommycity Products, Service and Facilities APP  have not been subtracted from the original amount. There is no refund if you have used your APP whether is for your own advertise or others. Please, If you do want to cancel, you must do so by sending us an email within 3 days and to tell us you are cancelling via: cs@pommycity.com (but 10% admin fee + transfer fee may apply). 

2.5.1.3      APP  will be subtracted automatically from the amount APP after the user have set in daily or PPC when others click the ad.

2.5.1.4      In APP when a member click an Ads and he/she will get  a random bonus of STN, PCP I, AC, Coupon Deals, APP, Cash etc.

2.5.1.5      An owner of a set of APP can help merchants/users to advertise and collect the cash or payments direct from them.

2.5.1.6      Since the pricing of APP is  100APP for US$1 +GST (between US$1.05-US$1.25), so you must obey to our agreement terms and conditions for not to sell higher or cheaper to a public or a merchant/user, if you keep do it then your ability to use the services and facilities of the site may be suspended or terminated temporal or permanently with prior or without notice if you have breached the rule.

2.6           PCP – POMMYCITY POINTS

                PCP is short for Pommycity Points and is used as a part of Pommycity loyalty program, it will help sellers sell quicker and sell more. PCP programs is divided into 2 categories; PCP ISB-Pommycity Individual Bonus and PCP G-Pommycity Group.

2.6.1        Only a stokist or franchaise of Pommycity will be able to sell products or services with PCP I or PCP G marketing tools. 

2.6.2        Customers buy products or services from a stockist with present PCP G dan PCPI, and every products or services with a different PCP G and PCP I, on seasonal promotion sometimes customer can get  a double or triple value of PCP I.

 

3.           REFUND POLICY

3.1        After users/merchants have purchased Pommycity’s product and service facilities from Pommycity, users/merchants will be entitled to cancel it within 3 days. This will be only applied if the Pommycity Product and service facilities are not used and not any  credits  have been subtracted or have been used from the original amount or have been created including webpages, STN, APP, PCP, AC, Coupon Deals.

3.2      You can request a cancellation of a purchased Pommycity’s product and service facilities by submitting a request to Customer Support. cs@pommycity.com.

 

4.            FRANCHISES OR POSO AND PARTNERSHIP OF POMMYCITY.COM

4.1          FRANCHISES OR STOCKIST OR POSO

4.1.1       Pommycity.com will provide a service and facilities for all the community, so in the near future Pommycity.com will establish a franchise or stockist or POSO (Pommycity.com Online Store Offer) platform at any suburb, council, city, state or country so any qualified merchants can apply to be our representative stockist in any country, stte, regency, council or suburb for any services or products. 

4.1.2      A non user can request to you as a merchant stockist to sign and become a free or paid customer. If you register customers (Free or Paid) and when they buy anything from a Franchise or Stockist or POSO then they will get PCP I and PCP G.

4.1.3      Franchise or Stockist or POSO  will provide a selective products and services to offer it to members. Merchant stokist can provide a Pre Order System to get the cheapest price for bulk sale for any products and services(wholesaler) to cutomers.

4.1.4      All the POSO transactions are prepaid only; Customers have to pay first to order, users can deposit some money to get any products or services cheaper or to get better discount in advance.

4.1.5      Franchise or Stockist or POSO is not same to merchant. POSO or Franchise or Stockist is controlling and own by Pommycity or a franchisee of Pommycity.com and he/she could be the owner or part owner. But merchant is just a merchant or trader and not related to Pommycity.com at all but all of them are registered. To be a Merchant Stockist you need to apply and provide quality products sales or services online or offline and sell products and services and also offer a STN ticket, Coupons Deals, and discount with PCP-Pommycity Point. The Owner of a Merchant Stockist will be fully responsible for all the list and post in Pommycity.com.

4.1.6      Franchise or stockist or POSO retailer physically shops will operate, focus, and sell Australia and NZ Products and imported products in the beginning; grocery products, Health Supplement, Coconut Oil, and Dried Seafood.

 

4.2.       ONLINE STORE 

4.2.1    Pommycity.com will provide  Online Store for merchants only, others tahn a merchant only can advertise in webpages  platform etc at any suburb, council, city, state or country.

4.2.2     A Merchant can sell anythings through his/her Online Store with an agreement term and conditions, so a free merchant can list up to 100 items products and Paid Merchant up to 500 items products and a Super Merchant can post more than 1500 or plus items products. 

4.2.3      To be a Merchant Stockist you need to apply and provide quality products sales or services online or offline and sell products and services and also offer a STN ticket, Coupons Deals, and discount with PCP-Pommycity Point. The Owner of a Merchant Stockist will be fully responsible for all the list and post in Pommycity.com.

 

5.            LISTING POLICIES FOR USER/MERCHANT UPLOAD AND DOWN LOAD

5.1          GENERAL LISTING POLICIES

5.1.1       User/merchant can upload and store their products or business logos, images, photos, signs, videos, musics, movies, stories and files to Pommycity.com with conditions above rule and put on the right categories. 

5.1.2       User/merchant cannot upload any business logos, photos, signs, musics, videos, movies, or stories and files to Pommycity.com if you are not the legal producer or writer or the owner. Pommycity.com will always respect and honour every single copyright. Pommycity.com reserves the right to delete and suspend any single posting with or without prior notice or warning if we found out you are not the right producer or writer. All the products or business logos, images, photos, videos, musics, movies, stories and files are listed in images folders and its categories are not for all users but it is only prepared for the real owners and its agents or partners  to reuse it for any promotions or any reasons in the future. If you think the products or business logos, images, photos, videos, musics, movies, stories and files should not be posted or listed in Pommycity.com please let us know we will suspend, hide or delete it immediately.

5.1.3       Merchants have to responsible for all postings and listing, merchants can list or post anything as long as it is not against law and our rules, but it should not excess your right or limitation. If you are not the legal producer or owner you should not using the products logos, images,  photos, signs, musics, videos, movies, or stories and files and advetise it in Pommycity.com and  it is not Pommycity.com responsible to check all the items one by one. We will suspend or delete all your postings if somebody claim that you are using his/her or its business products logos, images,  photos, signs, musics, videos, movies, or stories and files for your own benefits.

5.1.4      It is users responsibility to ensure that he/she is legally be allowed to sell, offer or buy an item on list or post and inquiry, this includes that the item doesn’t breach of any copyrights, trademarks or intellectual property rights including business logos, photos, signs, musics, videos, movies, or stories and files. You may not list or post or sell or offer any item that is restricted or prohibited by a federal, state or local law in any country or jurisdiction. Please be aware that Pommycity.com website platform facilities and services is for suburb, council, city, state, country or for local, national or international global marketplace for selling or posting of any items may be prohibited because of laws outside of the jurisdiction where you reside. Below, we have listed some categories of prohibited or restricted items that not allow to sell, offer, list, and inquiry in our Australia local or national platform. However, this list is not exhaustive; you, as our Pommycity.com's merchant are responsible for ensuring that you are not listing or posting an item that is prohibited by law in any jurisdiction. You must also abide by the following listing policies:

5.1.5      Items must be accurately, currently, represented and listings must be placed in the most appropriate category. All products you listed in platform of Australia should be sell in Australia dollars especially local and national and include GST and in others countries for Local or National should be in their own currency except stated.

5.1.6      Pommycity.com charge for what a merchant listed in, apart to others platform you can list or post it as you need and as long as you do not list more than your right or ads credit-AC and APP has below 0, You can list your webpages with advertising that we provide but if you need more ads for your promotion but you need to buy it. Pommycity.com will suspend  your ads if  you have excessed the limit or AC or APP has been 0.

5.1.7       Listings should not include any complete contact details, except where asked for in the listing process, we will tell our user/merchant about your advertising grade it by star. A mercahnt can do the posting with mailing lists that contain personally identifiable information including names, addresses, phone numbers, fax numbers and email addresses but it is your own risk and responsible.

5.1.8         Items containing the likeness, image, name, or signature of another person are prohibited, unless the products were made or authorized by the person whose likeness, image, name or signature has been used.

5.1.9       All products or services merchant sell or offer through Pommycity.com platform in suburb, council, city, state or country or at any platform of Pommycity, you must have to ensure that legally allowed, every country have a different policy and law of selling, use or own a product or service, so it is your responsible to make sure you do not breach the law otherwise you will be persecuted.

5.1.10       Listing an item for offer or inquiry is a commitment to sell or buy through Pommycity.com in a bid system, you may not withdraw an item or the offer because it has not reached the price you wanted except with apologise because the product has sold out or at least a reasonable explanation.

5.1.11      As a Real Estate or Property agents individual or company you can post or list in Pommycity.com. A real estate posting allows buyers to contact the seller to get more information and express interest about the property listed. Before you post a listing relating to sale or purchase of real estate, you must ensure that you have complied with all applicable laws and regulations. We will provide property listings.

5.1.12     Pommycity.com allows the listing of tickets to performance, sporting and entertainment events as permitted by law. However, as a ticket seller, you are responsible for ensuring that your particular transaction does not violate any applicable law or the terms on the ticket itself.  But airline tickets, cruise ship ticket, train tickets are difference; most of the items have terms printed on the item that may limit your ability to sell that item, as a buyer you have to be careful otherwise you will waste your money.

5.1.13      Pommycity.com reserves the right to remove any listings that are in breach of the term and conditions or these listing policies. Pommycity.com also reserves the right to remove items off the site at its sole discretion with or without notice.

5.1.14      Note : In other cases, such as when you are distributing a company's products, you may have signed a separate contract restricting your ability to market the product in some area. You are responsible for ensuring that your transaction is lawful and not in violation of any contractual obligation. Before posting an item on Pommycity.com, you should carefully read any contracts that you have entered into that might limit your right to sell your items. Pommycity.com does not search for items that may raise these types of issues, nor can it review copies of private contracts, or adjudicate or take sides in private contract disputes. However, we want you to be aware that posting items in violation of your contractual obligations could put you at risk with third parties. Pommycity.com therefore urges that you not list any item until you have reviewed any relevant contracts or agreements, and are confident you can legally sell it on Pommycity.com. If you have any questions regarding your rights under a contract or agreement, we strongly recommend that you contact the company with whom you entered into the contract and/or consult with a lawyer.

 

6.            ILLEGAL OR PROBIHITED AND RESTRICTED ITEMS

               Pommycity.com website is for everybody; since our commitment is for everybody, so everybody have to help us to keep this website free from illegal or prohibited and restricted items. Illegal or prohibited and restricted item are varies immensely from country to country and by culture, these items based on Australia laws. Illegal Items and Prohibited Items are not permitted or limited sell/inquiry in Suburb, Council, City, State, and country Platform because these products will harm society in the future, except these products are legal for you to use/sell/buy/inquiry in your local and national or country but you have to ask for a special permission to your local council or commerce commission and pommycity.com. Any user/merchants  breach the law will be persecuted and his/her user/merchants account will be suspended and terminated with a prior notice and no compensation will be given.  

What is an illegal item? An illegal item is a forbidden item or prohibited item. It is an illegal to sell or buy illegal item at anywhere especially these illegal products will harm society or against Australia laws. Every country has a difference policy of what is an illegal or what is not. Pommycity.com is formed and established in Australia, so what is legal and what is not has to be according to Australia laws (if you list or sell or post for/in Australia Market). You may allow selling these items below in your country and you need to ask your local council first or government or then Pommycity.com for a permission prior posting. In Australia you may also sell these items in your possession that you are legally and entitled but you need a special licence or permission. You have to use a common sense to list or sell or distribute any items but please ask your local council or related department or commerce commission to issue a permit or apply for a licence. Pommycity.com will not limit you to sell or buy anything through our website, however, this list is not exhaustive; you, as our a Pommycity.com User/merchant, are responsible for ensuring that you are not listing or posting or inquiry an item that is prohibited by law in any jurisdiction otherwise you will persecuted. Pommycity.com reserves the right to remove other items that are not on these lists below if they are considered offensive or are in breach of our terms and conditions. If you are not sure of whether or not you are allowed to list or post an item please contact Pommycity.com for more information. Pommycity.com, in its sole and exclusive discretion, reserves the right to impose additional restrictions and prohibitions at any time.

6.1           GENERAL ILLEGAL AND RECTRICTED ITEMS LISTING POLICY

6.1.1        Firearms, Ammunition, Guns, Weapon, Dynamite etc.

6.1.1.1     Firearms, including collectable/antique/replica firearms must not be listed on pommycity.com (even if the holder of the firearm is licensed and has rendered the item permanently inoperable). Replica firearm includes any reasonable facsimile or copy of a weapon, such as a toy or polyurethane resin gun. Firearm parts, including but not limited to a: barrel, breech, pistol slide, frame, receiver, cylinder, trigger mechanism, operating mechanism or magazine designed as, or reasonably capable of forming part of a firearm, also must not be listed on Pommycity.com.

6.1.1.2     All Ammunition, Bullets and Projectiles whether live or inert, is prohibited along with any specific individual component used to create a live round of ammunition; including, but not limited to propellant, shells and primers.

6.1.1.3     Posting any of firearms, ammunition, guns, weapons, and related parts or accessories is illegally or not permitted. Offering for sale or purchase of firearms, ammunition, guns, weapons and dynamite etc from or to countries is illegal, any user/merchant or participant breach the laws will persecuted and such activity will result in your account being suspended or terminated.

6.1.1.4     Pommycity.com does not permit the posting or sale of any guns in any form either real or imitation. If you sell or offer the real or imitation or Replica "look-alike firearms”, in your possession, you need to apply for a special license or permission under Australia laws. 

6.1.1.5     Pommycity.com is not allowing any user/merchant to post or sell or inquiry any Weapons of Mass Destruction or any instruction, processing, or aid of producing such weapons or materials and is strictly prohibited by international law.

 

6.1.2        Drugs

6.1.2.1     Pommycity.com is not allowing any user/merchant to post or sell or inquiry any Narcotics or Illegal Drugs; PCP (Phencyclidine), poppy seeds, marijuana, ecstasy, cocaine, opium, psilocybin mushrooms, Methamphetamine, crack cocaine, LSD, heroin,  and its accessories etc. Posting or inquiring any kinds of narcotics or drugs (first class to the last class) will persecuted under Australia laws. Any user/merchant breach the laws will be result the removed of his/her user/merchant account.

6.1.3        Alkohol

6.1.3.1     You may only list alcohol or wine on pommycity.com if you have a valid licence to do so and are acting within the bounds of that licence. You must:

  • display your licence number on all listings;
  • display the following notice on all listings for alcohol or wine: "it is against the law to sell or supply alcohol to, or to obtain alcohol on behalf of a person under the age of 18 years, you are only able sell these products to a legal buyer only (who has reached to legal year 18 years old or plus).
  • ensure that all sales of alcohol or wine comply with relevant laws and society;
  • comply with relevant rules and guidelines relating to the advertisement of alcohol; and
  • ensure that no alcohol or wine is purchased by or delivered to any person under the legal age to purchase alcohol.

6.1.3.2     Pommycity.com may, but is under no obligation to, verify the validity of your licence to sell alcohol. If requested to do so, you must cooperate with a request by pommycity.com to supply any further evidence in relation to your licence or right to list alcohol for sale. If Pommycity.com is not satisfied that you are entitled to list alcohol or wine, it may remove any current listings for alcohol or wine placed by you without notice.

6.1.4        Government ICs, Licences and Uniforms

6.1.4.1     Pommycity.com is not allowing any user/merchant to post or sell or posting any Items that claim to be or appear similar to or fake official government identification documents or licenses, such as birth certificates, identical card, Australia Medicare Card, community card, drivers licenses, visa or passports, certificates etc. Furthermore, completed applications for such documents containing personal information may not be listed in our Pommycity.com platform including suburb, city, state and country. Official government uniforms are not permitted post or sell in Pommycity.com platform including Military Uniform; Police, Fisheries and Mariner Officer Uniform, Navy or Army.

6.1.5       Unauthorized copies of intellectual property

6.1.5.1    Pommycity.com is not allowing any user/merchant to post or sell or list any Illegal, pirated, duplicated, backup, bootleg of copies of software programs, video games, music album, movies, television program, photographs, images, or other protected works in any kind forms such as Videos, CDs, CDRs, VCDs, DVDRs, Laser Disks etc.

6.1.6       OEM Software

6.1.6.1    Pommycity.com is not allowing any user/merchant to post or sell or list OEM or bundled copies of software unless you are selling it with the computer hardware.

6.1.7       Electronic Book or downloadable media

6.1.7.1    Pommycity.com is not allowing any user/merchants are selling any electronic book or downloadable media if you are not the owner. E-Books and downloadable media will not be allowed to any user/merchants to post or list and such items could be a counterfeit item.

6.1.7.2    Items that can be downloaded (digital) can only be listed by sellers that own the intellectual property or are authorised to distribute the intellectual property by the intellectual property owner. 

6.1.8      Human Bodies or body parts and remains

6.1.8.1   Pommycity.com prohibits the listing of any human bodies, or any human body part. These are including organs, bone, blood, sperm, and eggs. But however the items made of human hair, such as wigs for commercial uses are still permitted but you need to check with your local government.

6.1.9      Lottery Ticket

6.1.9.1   Pommycity.com will not compromise any user/merchant to list lottery ticket or gambling activities or casino in Pommycity.com Platform, but you can advertise as a lotto shop if your country is permitted to do similar draw or game.

6.1.10    Medicine and Supplements and Recreational Drugs

6.1.10.1  Pommycity.com is not allowing any user/merchant selling medicine and supplements or recreation drugs for human use including antibiotic, dance pills, NOS canister etc. However if you are a registered chemistry or drugs store you still able advertise these items on your listing products but you need to show the proof of certificate or licence permit.

6.1.11     Ethnically or Racially Offensive material

6.1.11.1   Postings any ethnically or racially offensive are prohibited on Pommycity.com website. If you are listing anything in Pommycity.com please ensure the wording used portrays appropriate sensitivity to those who might read it in their postings, and when they are offering or purchasing potentially offensive items or services. But if the materials are content of historical value or integral to the item (such as a book title or brand name), user/merchant or participants may be able use offensive words and phrases in the subject and description of a posting. Pommycity.com encourages all user/merchant to treat and respect others, as they themselves would like to be treated and respected. But Pommycity.com will prohibit any material promoting of Nazism, the KKK and Terrorist activity.

6.1.12     Stolen Items

6.1.12.1  The posting or sale of stolen property is strictly forbidden on Pommycity.com, and violates all kind of law. Stolen property includes items taken from private individuals, as well as property taken without authorization from companies or governments.  Pommycity.com supports and cooperates with law enforcement efforts involving the recovery of stolen property and the prosecution of responsible individuals. If you are concerned that the images, photo and/or text in your item description have been used by another Pommycity.com user/merchant without your authorization, or that your intellectual property rights have been violated by such user/merchant, please contact Pommycity.com 

6.1.13     Veterinary Products and Drugs for Animal Used

6.1.13.1   Prescription veterinary products and drugs may not be listed on Pommycity.com.

6.1.14      Counterfeit Currency, Stamp etc

6.1.14.1   Pommycity.com strictly forbids the sale of counterfeit currency, stamps, coins, bank notes, bonds, money orders, etc. Reproductions or replicas of coins as collectible items must be clearly marked with the word "COPY", "REPRODUCTION", "REPLICA" or as otherwise required under local law in Australia or others country.

6.1.15     Copyright-infringing, Replica and Counterfeit Items 

6.1.15.1  Listing of fakes, non-licensed replicas, or unauthorized items, such as counterfeit designer garments, shoes, belts, watches, ties, handbags, sunglasses, or other accessories, is strictly prohibited on the Pommycity.com. If the products sold bear the name or logo of a company, but did not originate from or were not endorsed by that company, such products are prohibited from Pommycity.com website. Postings of a famous brand product are permitted if the brand owner or company has issued a certificate of authorization. Postings offering to sell or purchase replicas, counterfeits or other unauthorized items shall be subject to removal by Pommycity.com. Repeated postings of counterfeit or unauthorized items shall result in the immediate termination of your user/merchant or participant.

6.1.15.2  You must not list items or include content which breaches any copyright or other intellectual property rights. Unauthorized replicas and counterfeits are not allowed to be listed on pommycity.com. If you are unsure if an item is genuine, do not list it on pommycity.com. (Any product that bears a trade mark not owned by the manufacturer or used under the trade mark owner's licence, must not be listed.) 

6.1.16      Satellite and Cable TV Descramblers

6.1.16.1   Satellite Descramblers or other items that can be used to gain unauthorized access to television programming (such as SKY TV or cable TV), Internet access, telephone, data or other protected, restricted, or premium services are strictly prohibited. Stating the item is for educational or test purposes will not legitimize a product that is otherwise inappropriate.

6.1.17     Therapeutic Goods
6.1.17.1  Therapeutic goods, unless exempt, must be entered as either 'registered' or 'listed' goods and have their "Aust L" or "Aust R" number displayed in the description when being listed on Pommycity.com. All listed medicines must display an "AUST L" number on the label and all registered medicines must display an "AUST R" number on the label as required by the Therapeutic Goods Administration (TGA). "  

6.1.18     The Restricted and Pornographic Materials or Adult Category Materials tems

6.1.18.1   What is restricted Items? The restricted Item is an item that is in control and need a special licence if you want o sell or buy it in Australia. The restricted items are varies immensely from country to country and by culture, these items based on Australia laws. If you are not from Australia please contact your local council or government and then Pommycity.com about these items prior posting. 

6.1.18.2   Adult rated items (videos, magazines, vcds, dvds, etc) must be listed in the appropriate adult category. Adult categories do not allow photos, pictures or images. If you post such a picture or breach the rule will result a termination of your user/merchant with or without warning. 

6.1.18.3   The posting or sale of pornographic materials is strictly illegal; you should not sell any pornographic material to a person under 18 years old, as it violates laws in many countries too. While pornography is difficult to define and standards vary from country to country, so Pommycity.com assume before you advertise or posting please make sure the local council allow you to do it.

6.1.19      Airguns (BB and paintball guns)

6.1.19.1   Pommycity.com is not allowing any user/merchant to sell firearms on the site if you do not have a licence.

6.1.20      Animal Products And Wildlife

6.1.20.1   You must not list any animals deemed to be restricted breeds under the Commonwealth Customs (Prohibited Imports) Regulations 1956. Pets can be listed in the Pets category or Classified ads. Note: Most pets MUST be at least 8 weeks old before they can be released. Ensure you follow state laws relating to vaccination, micro chipping and de sexing. 

6.1.20.2    You are not allow posting any illegal animal/wildlife products including pelts, skins, internal organs, teeth, claws, bones, tusk, ivory etc product for sell). These products might protected by the Convention on International Trade In Endangered Species of Wild Fauna and Flora (CITES) or any other local law or regulation, please check! If you want to sell fish you need have a permission or licence or Statutory Fishing Rights (SFRs) and Fish receiver permits! Please contact the www.asic.gov.au or www.daff.com.au for more information. Pommycity.com may inquiry your special licence or your Statutory Fishing Rights (SFRs) or fish receiver permits to allow you to list or post or sell any fish in Pommycity.com suburb, council, city, state, and country  platform, except you are selling frozen and prepack products. It is buyer responsible to ensure that supplier has got a quote or Statutory Fishing Rights (SFRs) before make any inquiry.

6.1.21     Antiquities

6.1.21.1  The sale and export of Australia artefacts and antiquities is covered and protected by the Protection of Movable Cultural Heritage Act 1986(PMCH Act). The PMCH Act gives effect to the 1970 UNESCO Convention on the Means of Prohibiting and Preventing the Illicit Import, Export and Transfer of Ownership of Cultural Property. Australian cultural property forms an important part of Australia's heritage and national identity. Objects may be considered Australian cultural property for ethnological, historical, literary, artistic, scientific or technological reasons. They may include Indigenous art, heritage machinery, precious stones, historical documents, furniture, stamps and many other objects.

6.1.21.2   Due to their age, value, rarity, representation in public collections and national significance, some objects may be considered 'Australian protected objects' and require a permit before export. The National Cultural Heritage Control List establishes the criteria for Australian protected objects under the Protection of Movable Cultural Heritage Act 1986 (PMCH Act). Please contact the Department of Regional Australian Local Government Arts ad Sport or www.arts.gov.au for more information.

7.       CLOSE

7.1     I acknowledge that I have read the term and condition of the agreement and I have filled the application form as well. I have independently evaluated the desirability of the service and am not relying on any representation, agreement, guarantee or statement other than as set forth in this agreement, and will respect and honour Pommycity.com copyright.

 

 

 

 

 

 

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