These Terms and Conditions apply to your access to and use of the CollabCart website, platform, marketplace, carts, checkout experiences, seller tools, supplier tools, and related services.
CollabCart is operated by CollabCart Pty Ltd (ABN 24 670 191 465) (CollabCart, we, us, our). Our contact email is support@collabcart.com.
These Terms are drafted for CollabCart's Australian operations. They are governed by the laws of New South Wales, Australia.
Nothing in these Terms excludes, restricts or modifies any right or remedy you may have under the Australian Consumer Law or any other law that cannot be excluded, restricted or modified.
1. How these Terms work
These Terms include:
- Website Terms, which apply to all users;
- Buyer Terms, which apply when a customer buys, receives or uses products through CollabCart;
- Seller Terms, which apply to sellers who create carts, recommend products or earn commissions;
- Supplier Terms, which apply to suppliers who list, supply or fulfil products;
- Marketplace Rules, which apply to all platform participants; and
- the Refunds and Returns Policy.
Our Privacy Policy explains how we collect, use, disclose and handle personal information. By using CollabCart, you agree to these Terms and acknowledge our Privacy Policy.
If there is an inconsistency between these Terms and a role-specific agreement or policy we agree with you in writing, the more specific written agreement applies to the extent of the inconsistency.
2. The CollabCart marketplace
CollabCart operates a marketplace where:
- suppliers list products and are responsible for product information, product compliance, stock, shipping, fulfilment, warranties, defects, recalls and Australian Consumer Law obligations;
- sellers curate carts, recommend products and may earn commissions from successful eligible sales; and
- customers purchase products through CollabCart checkout experiences.
CollabCart facilitates the platform, checkout, customer support coordination, order management and marketplace operations. Products are supplied and fulfilled by independent suppliers unless we expressly state otherwise.
Sellers and suppliers are independent parties. They are not employees, agents, partners or representatives of CollabCart unless we agree otherwise in writing.
3. Eligibility and accounts
You must be at least 18 years old to buy products through CollabCart or use purchase/account features.
You must provide accurate, complete and current information when using CollabCart, creating an account, placing an order, creating a cart, listing products, applying as a seller or supplier, providing payout details, or otherwise interacting with us.
You are responsible for keeping your login details secure and for activity under your account, except to the extent caused by CollabCart's breach, negligence or applicable law. You must promptly notify us if you suspect unauthorised access or a security issue.
If you allow employees, contractors, team members or other authorised users to access or manage your account, cart, listings, orders or platform tools, you are responsible for their acts and omissions. You must ensure authorised users comply with these Terms, promptly remove access when it is no longer appropriate, and indemnify CollabCart for claims arising from their conduct to the extent permitted by law.
We may approve, reject, suspend, restrict, remove or terminate accounts, access, listings, carts, products, content, features or platform participation where we consider it necessary or appropriate, including for customer protection, compliance, fraud prevention, platform integrity, brand protection, operational reasons or breach of these Terms. All users may request account closure by contacting support@collabcart.com. Account closure does not affect existing orders, refunds, returns, disputes, chargebacks, payouts, tax/accounting records, fraud prevention, legal obligations, accrued liabilities or terms that are intended to survive closure.
4. Acceptable use and prohibited conduct
You must use CollabCart lawfully and in accordance with these Terms. You must not:
- misuse, disrupt, interfere with, overload, scrape, crawl, data-mine, copy, reverse engineer, decompile, modify or attempt to bypass the platform or its security/access controls;
- introduce malware, probe vulnerabilities, abuse APIs, use unauthorised bots or use the platform for unlawful or harmful purposes;
- submit false, misleading, fraudulent or abusive orders, listings, content, claims, reviews, requests or information;
- manipulate commissions, payouts, discounts, metrics, promotions, referrals, pricing, availability, checkout or other platform functionality;
- engage in harassment, abuse, discrimination, defamation, intimidation or conduct that may harm customers, sellers, suppliers, CollabCart or the platform; or
- use CollabCart data, customer information, seller information, supplier information or platform relationships to bypass CollabCart or avoid fees, commissions or marketplace rules.
We may investigate suspected misuse and take action including removing content, blocking activity, suspending access, withholding payouts, reversing commissions, cancelling orders, notifying affected parties, cooperating with regulators or law enforcement, recovering losses and taking legal action.
5. Orders, checkout and payments
All orders are subject to acceptance, product availability, successful payment, compliance checks and supplier fulfilment capacity.
Prices shown to Australian customers are in Australian dollars and GST-inclusive unless stated otherwise.
Customer payments are processed through Shopify checkout and/or relevant payment providers. CollabCart does not store full credit card information.
We may refuse, cancel or limit orders where permitted by law, including for suspected fraud, misuse, pricing or listing errors, product unavailability, supplier or fulfilment issues, safety concerns, compliance concerns, payment issues, platform error or other operational reasons.
If we cancel an order after payment has been taken, we will arrange any refund required by law or otherwise approved by us.
6. Buying for someone else
You may buy products for someone else. If you provide another person's details or arrange a purchase or delivery for another person, you represent that you have their authority or consent to do so and to share their personal information with CollabCart, relevant sellers, suppliers, fulfilment partners and service providers for order, fulfilment, support and legal purposes.
You are responsible for ensuring the recipient receives relevant product information, warnings, instructions, policies and supplier/manufacturer requirements.
7. Products, supplier terms and customer responsibility
You must read and comply with any supplier, manufacturer or product-specific terms, warnings, directions, eligibility requirements, usage instructions, warranties, return processes, registration or activation requirements, and safety or compliance information provided with or for a product.
You are responsible for assessing whether a product is suitable for your circumstances and for using products in accordance with supplier and manufacturer instructions.
Some products may involve health, wellness, lifestyle, testing, tracking, nutrition or similar information. CollabCart is not a healthcare provider and does not provide medical advice, diagnosis, treatment, test interpretation or professional health services. Information on CollabCart is general only and is not a substitute for advice from a qualified health professional. You should seek professional advice before relying on products, product information, test products, supplements, trackers or related content, especially if you have a medical condition, take medication, are pregnant, have allergies or have health concerns.
8. Shipping and delivery
Suppliers set and manage shipping costs, methods, handling times and delivery timeframes. Delivery estimates are estimates only unless expressly stated as guaranteed.
Suppliers are responsible for timely fulfilment, accurate shipping information and providing tracking information through CollabCart where tracking is available or issued.
Unless a different timeframe is stated in the product listing or agreed by CollabCart, suppliers should dispatch products within 2 business days of receiving an order. Suppliers must maintain valid contact details with CollabCart and promptly respond to fulfilment, delivery, return, refund, safety or customer support issues.
CollabCart may assist with customer support and supplier coordination, but is not responsible for supplier or carrier delays except to the extent required by law.
9. Refunds, returns and Australian Consumer Law
Your rights under the Australian Consumer Law are not limited by these Terms. You may be entitled to a repair, replacement, refund or other remedy where a product fails to meet a consumer guarantee.
CollabCart acts as the primary customer support contact for return and refund requests. Suppliers remain responsible for product quality, defects, warranties, recalls, safety issues and compliance obligations for products they list or supply.
CollabCart does not generally provide refunds or returns for change of mind, wrong selection or no longer wanting a product, unless we agree otherwise in our discretion, the relevant supplier policy allows it, or we are required by law.
Change-of-mind returns are especially unlikely to be accepted for opened, used, perishable, consumable, hygiene-sensitive, personalised, registered or activated products unless required by law.
Return requests must be submitted through CollabCart's platform, return request form or support channels. We may require reasonable evidence, including photos, descriptions, proof of purchase or supplier/manufacturer information, to assess a return, refund, defect, damage or misdescription claim.
Suppliers must cooperate promptly with return and refund requests. Unless CollabCart agrees otherwise, suppliers are responsible for return shipping costs for faulty, damaged or otherwise non-compliant goods where required by Australian Consumer Law or platform policy. Suppliers should process approved return requests within 2 business days of receiving the request or returned goods, as applicable, unless a different timeframe is agreed by CollabCart.
Refunds may be processed through the original payment method where possible. Refund timing may depend on payment providers and financial institutions.
Where a refund, cancellation, chargeback or correction occurs, CollabCart may reverse, deduct, offset, withhold, claw back or adjust any related seller commission, supplier payment, platform fee, payout or account balance.
10. Seller Terms
This section applies to sellers.
10.1 Seller eligibility and approval
To participate as a seller, you must:
- be a business entity or sole trader registered in Australia;
- have a valid ABN and be registered for GST;
- provide accurate, complete and current business, tax, GST, account, contact, identity, verification and payout information;
- comply with these Terms and all applicable laws; and
- remain approved by CollabCart.
Seller access is subject to CollabCart approval and ongoing eligibility. Meeting minimum requirements does not guarantee approval or ongoing access.
We may approve, reject, suspend, restrict, remove or terminate seller access at our discretion, including for commercial, operational, compliance, brand, customer protection, fraud, risk or platform integrity reasons.
10.2 Seller role
Sellers may create carts, select products listed by suppliers, add seller content where platform functionality allows, promote their carts through lawful channels and earn eligible commissions on qualifying sales.
Sellers do not supply products unless they are separately approved as suppliers. Sellers are not responsible for supplier product quality, warranties, recalls, safety issues or fulfilment solely because they curated or recommended a product, except to the extent they make their own representations, breach these Terms or are otherwise responsible under law.
10.3 Seller content and conduct
Sellers are responsible for the accuracy and legality of any descriptions, claims, promotions, testimonials, advice, recommendations, images, branding or other content they add to carts or publish in connection with CollabCart.
Sellers must ensure seller content is accurate, lawful, not misleading or deceptive, supported where required, compliant with Australian Consumer Law, privacy laws, spam laws, advertising laws, intellectual property laws, platform policies and any applicable product, therapeutic, health, professional or industry rules.
Sellers must not make unlawful, misleading, unsupported, medical, therapeutic, health, income, performance, efficacy or product claims unless they have all required legal basis, substantiation, qualifications, approvals, licences and disclosures.
Order-related communications, support issues, fulfilment queries, refunds, returns, complaints and disputes relating to CollabCart purchases should go through CollabCart unless CollabCart approves otherwise. This does not prevent sellers from maintaining independent customer relationships outside CollabCart where they have their own lawful basis to do so.
Sellers must use customer/order information received through CollabCart only for permitted CollabCart-related purposes, customer support, order-related communications, compliance and other purposes approved by CollabCart or permitted by law. Sellers must not sell, misuse, disclose or use CollabCart customer/order data for unrelated marketing or off-platform solicitation unless they have a separate lawful basis and comply with all applicable laws.
10.4 Commissions, discounts and payouts
Seller commissions are conditional and are only earned on eligible, confirmed sales that are not refunded, cancelled, fraudulent, invalid, disputed, charged back or otherwise reversed.
Eligible seller commissions may be paid monthly on request, subject to payout details, verification, minimum or administrative requirements, return windows, refund/chargeback risk, compliance checks and platform rules.
Seller-funded discounts reduce the seller's commission and may reduce it to zero. They do not reduce supplier revenue unless CollabCart or the supplier has agreed otherwise.
CollabCart may calculate, withhold, hold, offset, reverse, deduct, claw back or adjust seller commissions and payouts for refunds, returns, cancellations, chargebacks, suspected fraud, errors, taxes, disputes, breach of these Terms, amounts owed to CollabCart or other platform rules.
Sellers are responsible for their own tax, GST, reporting, invoicing and compliance obligations.
11. Supplier Terms
This section applies to suppliers.
11.1 Supplier eligibility and approval
To participate as a supplier, you must:
- be a business entity or sole trader registered in Australia;
- have a valid ABN and be registered for GST;
- provide accurate, complete and current business, tax, GST, account, contact, identity, verification and payout information;
- provide any documents or evidence reasonably requested by CollabCart, including insurance or compliance documents; and
- comply with these Terms and all applicable laws.
Supplier access is subject to CollabCart approval and ongoing eligibility. We may approve, reject, suspend, restrict, remove or terminate suppliers at our discretion, including for commercial, operational, compliance, brand, customer protection, fraud, risk or platform integrity reasons.
11.2 Product listings, pricing and content
Suppliers are responsible for all products they list and all product information they provide, including descriptions, claims, images, labels, warnings, prices, availability, stock, shipping costs, timeframes, warranty information, return information and supporting materials.
Suppliers must ensure all product information is accurate, complete, current, lawful, not misleading or deceptive, properly substantiated and compliant with Australian Consumer Law, product safety, labelling, warranty, recall, advertising, intellectual property, privacy and all applicable industry or product-specific laws.
Suppliers must have all rights, licences, permissions, approvals and authorisations required to list, supply, advertise, describe, sell and fulfil products through CollabCart.
Suppliers set the retail price and seller commission rate for their products. Product prices listed on CollabCart must match the retail price the supplier sells the product for on its own retail store/channel unless CollabCart agrees otherwise in writing. Commission rates must comply with platform rules.
Suppliers will generally receive the supplier product price less applicable CollabCart fees, payment processing fees, refunds, returns, chargebacks, reserves, offsets and deductions under these Terms. Seller-funded customer discounts should not reduce the supplier product price unless CollabCart or the supplier has agreed otherwise.
CollabCart may review, edit, reject, remove, hide, suspend or restrict any product, listing or supplier content where we consider it necessary or appropriate, including for compliance, accuracy, safety, availability, customer protection, brand, complaints, operational or platform integrity reasons.
11.3 Stock, shipping, fulfilment and tracking
Suppliers must maintain accurate stock and availability information and promptly notify CollabCart if products are out of stock, discontinued, delayed, recalled, changed, subject to safety concerns, non-compliant or otherwise unavailable.
Suppliers are responsible for shipping costs, methods, handling times, delivery timeframes, packaging, fulfilment and carrier arrangements. Suppliers must fulfil orders in a timely manner and promptly notify CollabCart of delays, failed delivery, stock issues, fulfilment problems or customer-impacting issues.
Suppliers must provide accurate tracking information through CollabCart where tracking is available or issued, and must update tracking or delivery information if it changes.
11.4 Product responsibility, warranties and recalls
Suppliers are responsible for product quality, defects, warranties, recalls, safety notices, fulfilment issues, customer remedies, Australian Consumer Law compliance and all legal obligations connected with products they list or supply.
Suppliers must hold appropriate public liability and product liability insurance for the goods they supply, unless CollabCart agrees otherwise in writing. CollabCart may request evidence of insurance at any time.
Suppliers must promptly cooperate with CollabCart in relation to complaints, refunds, returns, defects, recalls, safety notices, regulator requests, compliance concerns, disputes, chargebacks and customer issues.
CollabCart may remove or suspend products, notify customers or sellers, cancel or refund orders, recover costs, pause payouts or take other lawful action if product, safety, warranty, fulfilment or compliance issues arise.
11.5 Supplier payments and payout holds
CollabCart may collect customer payments and distribute supplier amounts after deducting seller commissions, CollabCart fees, refunds, returns, chargebacks, payment processing fees, corrections, taxes, reserves, offsets and amounts owed under these Terms or platform rules.
CollabCart may withhold, delay, offset, reverse, deduct, claw back or pause supplier payouts where supplier conduct, product issues, fulfilment failures, refunds, disputes, chargebacks, suspected breach, fraud risk, compliance concerns, missing verification information or platform risk create a need to do so.
Suppliers are responsible for their own tax, GST, reporting, invoicing and compliance obligations.
12. Marketplace Rules
All users must act honestly, lawfully and in good faith.
CollabCart may maintain, update and enforce marketplace rules, product guidelines, content standards, payment/payout rules, onboarding requirements, moderation policies, operational requirements and other platform policies from time to time.
Products must not be illegal, unsafe, counterfeit, stolen, infringing, misleadingly described, prohibited by CollabCart, or subject to sale restrictions that are not properly satisfied.
CollabCart is not obliged to pre-screen all users, content, products, listings or communications, but may review, edit, reject, remove, hide, suspend or restrict any content, cart, listing, product, account or feature where we consider it necessary or appropriate.
13. No circumvention or off-platform diversion
Sellers and suppliers must not circumvent CollabCart, divert transactions away from CollabCart, encourage off-platform purchases, solicit platform-introduced customers, sellers, suppliers, products or transactions outside CollabCart, or avoid CollabCart fees, commissions or marketplace rules.
You must not use CollabCart customer, order, seller, supplier, product, pricing, platform or relationship data to bypass CollabCart or compete unfairly with CollabCart.
This clause does not prohibit genuinely independent relationships that existed outside CollabCart, but it does protect CollabCart-originated transactions, data and platform relationships.
14. Intellectual property and user content
CollabCart owns or licenses all rights in the CollabCart platform, software, website, app, designs, workflows, features, branding, trademarks, documentation, CollabCart-created content and related intellectual property.
You must not copy, reproduce, modify, distribute, adapt, reverse engineer, scrape, misuse or create derivative works from CollabCart IP except as permitted by these Terms or approved by CollabCart.
Sellers and suppliers may make accurate, non-misleading references to CollabCart for ordinary promotional purposes, such as stating that products are available through a CollabCart cart or storefront. They must not imply they are CollabCart's employee, agent, partner or representative, use CollabCart logos or brand assets without permission, or use CollabCart branding in a misleading, defamatory, unlawful or reputationally harmful way. CollabCart may require removal or correction of any brand use.
You retain ownership of content you upload or provide, but grant CollabCart a non-exclusive, royalty-free, worldwide licence to use, reproduce, display, adapt, format, distribute, communicate, market, promote and otherwise use your names, logos, images, descriptions, branding, product information, cart content and other materials as needed to operate, market, promote, improve and support CollabCart, carts, listings, orders, support and marketplace features.
You represent that you own or have all rights and permissions needed to provide that content and grant this licence.
This licence continues for as long as needed for existing orders, records, dispute handling, marketing already published, archival/legal purposes or platform operations.
15. Privacy and data use
Our handling of personal information is described in our Privacy Policy.
Where you receive personal information through CollabCart, including customer, recipient, seller or supplier information, you must use it only for permitted CollabCart-related purposes, protect it appropriately, comply with privacy, spam, consumer and data protection laws, and not sell, misuse, disclose or use it for unrelated purposes unless expressly permitted by CollabCart and law.
16. Platform availability and changes
We may modify, suspend, restrict, replace, discontinue or change any part of CollabCart, including features, content, products, sellers, suppliers, carts, checkout, pricing display, commissions, payouts, policies or platform rules, at any time.
We do not guarantee uninterrupted, error-free or continuous access to CollabCart. We are not liable for platform unavailability, interruption, maintenance, data loss or errors except to the extent liability cannot be excluded by law.
17. Liability
To the maximum extent permitted by law, CollabCart excludes liability for indirect, consequential, special, incidental, punitive or loss-of-profit damages, and for loss arising from supplier products, supplier fulfilment, seller content, third-party content, third-party services, carrier delays, product misuse, account misuse, platform interruption, or reliance on product or user-provided information.
Where CollabCart's liability cannot be excluded but can be limited, our liability is limited to the maximum extent permitted by law.
Nothing in these Terms excludes, restricts or modifies any consumer guarantee, right, remedy or liability that cannot be excluded, restricted or modified under Australian Consumer Law or other applicable law.
18. Indemnities
Sellers and suppliers indemnify CollabCart and its officers, employees, contractors, agents and related entities against claims, losses, liabilities, damages, fines, penalties, refunds, chargebacks, costs and expenses arising from or connected with:
- breach of these Terms;
- products, listings, product information, cart content, seller content or supplier content;
- legal or regulatory non-compliance;
- misleading, deceptive, unlawful, unsupported or infringing claims or content;
- privacy, data, spam or customer communication misuse;
- fulfilment failures, product defects, recalls, warranties, safety issues or customer disputes;
- tax, GST, payout or business compliance issues;
- circumvention, fraud, misuse or platform abuse; or
- acts or omissions of authorised users, employees, contractors, agents or sub-users.
Consumer-facing indemnities apply only to the extent permitted by law and do not limit non-excludable rights.
19. Complaints, disputes and notices
If you have a complaint, dispute, privacy request, order issue, seller/supplier issue or platform concern, contact support@collabcart.com.
CollabCart will try to resolve disputes in good faith where appropriate. We may require reasonable information, evidence or cooperation to assess and resolve issues.
If a dispute cannot be resolved informally, it is governed by the laws of New South Wales, Australia, and the parties submit to the courts of New South Wales and applicable Australian federal courts, subject to any mandatory rights or forums under Australian Consumer Law, privacy law or other applicable law.
20. Changes to these Terms
We may update these Terms from time to time. Updated Terms take effect when posted on the site unless stated otherwise.
You should review these Terms periodically. We may notify users of material changes where appropriate, but are not required to notify every update unless required by law.
Your continued use of CollabCart after updated Terms are posted constitutes acceptance of the updated Terms, subject to any rights you may have under law.
21. Contact
For support, privacy requests, complaints, legal notices or questions about these Terms, contact:
support@collabcart.com
Registered address: 65 Kembla St, Wollongong NSW 2500