Terms And Conditions

Shipping:
  1. The vendor is responsible for ensuring that the products are properly packaged and shipped to the designated delivery address within the specified timeframe.
  2. The client acknowledges that delays or damages during shipping are beyond our control and we shall not be held liable for any such occurrences. However, we will provide reasonable assistance to address any shipping issues that may arise.
Product Damage:
  1. The vendor is responsible for ensuring that the products are in good condition and free from any damages or defects prior to shipping.
  2. The client should inspect the received products upon delivery and report any damages or defects to us within a specified timeframe. Failure to do so may affect the eligibility for returns or refunds.
Product Returns:
  1. The client may request to return a product in accordance with our specified return policy.
  2. The vendor agrees to accept returns of eligible products and provide appropriate refunds or replacements as per our return policy guidelines.
Expiry or Limited Time to Expiry:
  1. The vendor is responsible for clearly indicating the expiry dates or time limits associated with the products, where applicable.
  2. The client acknowledges that it is their responsibility to review and consider the expiry dates or time limits before making a purchase, and we shall not be held liable for any consequences resulting from expired products.
Counterfeit Products:
  1. The vendor represents and warrants that all products listed on our portal are genuine and not counterfeit.
  2. In the event that any counterfeit products are discovered, we reserve the right to take necessary actions, including but not limited to removing the listing, suspending the vendor’s account, and cooperating with relevant authorities for further investigation.
Recalled Products:
  1. The vendor agrees to promptly inform us if any of their listed products are subject to a recall by the manufacturer or any relevant authority.
  2. Upon notification, we will take appropriate measures to address the situation, including notifying affected clients and removing the product listing from our portal.
Forbidden Products/Banned Items:
  1. The vendor agrees not to list or sell any products that are illegal, prohibited, or violate any applicable laws or regulations.
  2. We reserve the right to remove any listings that involve forbidden products or banned items without prior notice, and may take further action as necessary.
Unrealistic Expectations:
  1. The client acknowledges that product performance, pricing, results, or branding claims provided by the vendor may vary based on individual factors and market conditions.
  2. We encourage clients to review available information and exercise reasonable judgment when considering a purchase, understanding that expectations should be based on realistic assumptions.
Market Changes:
  1. The vendor acknowledges that market conditions, trends, and consumer preferences may change over time.
  2. We cannot guarantee a consistent demand or sales volume for any products, and the vendor should be prepared for potential fluctuations in market demand.
Currency Exchange Rates:
  1. The vendor understands that transactions involving different currencies may be subject to currency exchange rate fluctuations.
  2. We shall not be held responsible for any gains or losses resulting from currency exchange rate changes during the transaction process.
Force Majeure:
  1. Neither party shall be liable for any failure or delay in performance under these terms and conditions due to circumstances beyond their reasonable control, including but not limited to natural disasters, wars, or virus outbreaks.

Lost/Stolen:
  1. We shall take reasonable measures to safeguard the goods entrusted to us by the vendors/clients.
  2. In the event of loss or theft of the goods while under our custody, we shall make reasonable efforts to assist in locating or recovering the goods, subject to any applicable legal limitations.
Damage by Employees/Machines:
  1. Our employees and machines are trained and operated with care and diligence to minimize the risk of damage to the goods.
  2. In the unlikely event that the goods are damaged due to negligence or error on our part, we shall take responsibility for such damage and, at our discretion, either repair, replace, or compensate for the damaged goods to the best of our abilities.
Fire:
  1. We maintain appropriate fire safety measures to protect the goods from fire-related risks.
  2. In the unfortunate event of a fire incident that damages the goods while they are under our custody, we shall take prompt action to address the situation, which may include contacting the relevant authorities, implementing safety protocols, and assisting in any insurance claim processes if applicable.
Water:
  1. We take necessary precautions to protect the goods from water-related risks, such as leaks or flooding.
  2. In the event that the goods sustain damage due to water exposure while under our custody, we shall make reasonable efforts to mitigate the damage and assist in remedial actions, subject to any applicable limitations and insurance coverage.

Please note that while we strive to uphold our responsibilities for the goods, it is important for vendors/clients to ensure that they have appropriate insurance coverage for their products. Additionally, it is advisable to maintain accurate records and documentation of the goods entrusted to us to facilitate any necessary claims or investigations in case of unforeseen circumstances.

Company Registration Process:
  1. We shall assist vendors/clients in the process of registering their company as per the applicable legal requirements.
  2. Our services may include providing guidance, preparing necessary documentation, and facilitating the submission of company registration forms to the relevant authorities.
Tax Return Lodgement:
  1. We will assist vendors/clients in fulfilling their tax obligations by providing professional tax return lodgement services.
  2. Our qualified tax experts will prepare and submit accurate and timely tax returns on behalf of vendors/clients in accordance with the applicable tax laws and regulations.
Bookkeeping:
  1. We offer comprehensive bookkeeping services to vendors/clients, ensuring accurate and up-to-date financial records.
  2. Our skilled accounting professionals will maintain proper records of financial transactions, including income, expenses, assets, and liabilities, to facilitate accurate reporting and compliance with accounting standards.
Business Nature and Company Renewal:
  1. We shall provide guidance and assistance to vendors/clients regarding the necessary steps for business nature and company renewal.
  2. This may include reviewing business structures, updating business registration details, and facilitating the renewal process to ensure compliance with legal requirements.
Legal Representation (Business-related Matters Only):
  1. In situations where legal representation is required for business-related matters, we can offer assistance.
  2. Our experienced legal professionals will provide representation and advice on business-related legal issues, as per the agreed terms and conditions, to safeguard the interests of vendors/clients.

Please note that while we strive to provide reliable legal accounting and ATO services, it is important for vendors/clients to maintain accurate records and provide necessary information to facilitate these processes. Additionally, tax laws and regulations may be subject to changes, and vendors/clients are responsible for staying updated and compliant with the latest requirements.

Company Ownership:
  1. Once the company is successfully registered under your name, you will become the 100% legal owner of the company.
  2. During the period when the company is under our administration, we will act as your legal representative and carry out necessary administrative tasks on your behalf.
Company Closure:
  1. In the event that you decide to shut down the company after completing all required formalities and fulfilling associated fees, our roles and responsibilities will cease.
  2. It is important to comply with the legal requirements and obligations related to company closure, including tax obligations, employee settlements, and notification to relevant authorities.
Continued Company Operation:
  1. If you choose to continue operating the company independently and no longer require our services, you must either be physically present or nominate a legal representative to fulfil any ongoing legal obligations.
  2. It remains your responsibility to comply with all legal requirements, maintain accurate records, and fulfil any financial and administrative obligations independently.
Company Sale in Australia:
  1. Should you decide to sell your company in Australia, we will assist in preparing the necessary documentation and facilitate the process.
  2. Upon successful completion of the sale, both our responsibilities and yours as the previous owner will come to an end, subject to any legal requirements or agreements associated with the sale.

Acknowledgement and Acceptance:
  1. Duration of Agreement: This agreement is valid for a period of 12 months from the date of signing.
  2. Company Registration: You are opening a company in Australia and understand the legal requirements and obligations associated with it.
  3. Acceptance of Terms: You have read, understood, and accepted all the terms and conditions outlined in this document.
  4. Sales Representative Communication: Our sales representative has provided you with detailed information and explanations regarding the services and processes involved.
  5. Legal Responsibilities and Rights: You are aware of your legal responsibilities and rights as a company owner in accordance with Australian laws and regulations.
  6. Voluntary Consent: You are signing this document voluntarily, without any external pressure or force, and based on your own free will.

In the event of a breach of contract, the following actions are considered violations and mayresult in termination of the agreement:

Abusive Behaviour:
Any form of abusive behaviour, including verbal or physical harassment towards our staff members or other clients, will not be tolerated and is strictly prohibited.
Unauthorized Information Disclosure:
Disclosure of confidential or sensitive information to unauthorized individuals, organizations, or agencies without proper consent or legal obligation is strictly prohibited. You are responsible for safeguarding and maintaining the confidentiality of all proprietary information obtained during the course of our engagement.
Late Payment:
Repeated late payment or failure to make payments in a timely manner, as agreed upon in the contract, may be considered a breach of contract. It is your responsibility to ensure that all payments are made by the specified due dates.
Illegal Activities or Products:
Engaging in any illegal activities or offering, promoting, or dealing with illegal products or services is strictly prohibited and constitutes a breach of contract.
Misuse or Abuse of the System or Company:
Any intentional misuse, abuse, or unauthorized access to our systems, software, data, or resources is strictly prohibited. This includes actions that may disrupt or compromise the integrity, security, or functionality of our services.

Use Our Recommended Shipping Company:
When shipping products to Australia, we strongly recommend using our recommended shipping company. We have established partnerships with reliable shipping providers who have expertise in handling international shipments and ensuring timely and secure delivery of goods. By opting for our recommended shipping company, you can benefit from their knowledge and experience in navigating the shipping process smoothly.
Use Your Own Shipping Company:
Alternatively, you have the option to use your own preferred shipping company for shipping products to Australia. However, please note that if you choose to use your own shipping company, you will be solely responsible for coordinating the shipping arrangements, ensuring compliance with all relevant customs regulations and requirements, and managing any associated costs or risks. We recommend thoroughly researching and selecting a reputable shipping company that can meet your specific shipping needs and provide reliable and efficient service.

Adding the Service:
If you wish to add an additional service to your existing package, please note that payment for the added service will be required only when the service is activated and made available for your use. The charges associated with the added service will be communicated to you in advance, and you will have the option to accept or decline the service before any payment is processed. Once the service is activated, the corresponding charges will apply as per the agreed terms.
Cancellation of a Service:
In the event that you decide to cancel a service that is currently part of your package, please be aware that refunds for service cancellations will not be provided within the first three months of the service subscription. This is to ensure that adequate time is given to evaluate and experience the benefits of the service. After the initial three-month period, standard cancellation and refund policies, as outlined in our terms and conditions, will apply.
Special Service Terms:
It is important to note that certain services may have specific terms and conditions that differ from the general policies stated above. These special terms may include unique cancellation policies, minimum contract durations, or other considerations that require a discussion with your designated account manager. It is recommended that you consult your account manager to fully understand the terms and conditions associated with any services that fall outside the scope of the standard policies.

Guaranteed Profits:
We offer a guarantee of profits under the condition that you diligently follow the plans and strategies we create for your business. These plans are designed to optimize your marketing efforts and maximize your chances of achieving profitable outcomes. It is important to note that the guarantee of profits is contingent upon your adherence to the recommended strategies and implementation of our instructions.
Guarantee Terms and Marketing Instructions:
The guarantee of results is specifically tied to the instructions provided within our marketing terms. To qualify for the guarantee, it is essential that you fully comply with these terms and follow the prescribed marketing strategies. Deviating from the recommended approaches may invalidate the guarantee of results. It is therefore crucial to carefully review and understand the marketing terms and ensure their proper implementation.
Account Opening and Business Activities:
Regardless of your decision to opt for the result guarantee or not, we will still proceed with the account opening and initiation of business activities as per your request. The result guarantee is an additional benefit offered to clients who choose to follow our prescribed plans. However, even if you opt out of the guarantee, we are committed to providing you with our services and assisting you in achieving your business objectives.

Result Guarantee and Equal Sales:
  1. 1. While we can provide a guarantee of results based on our strategies and marketing efforts, we cannot guarantee equal sales among members, even if they are offering the same products at the same price with identical services. Various factors such as individual marketing strategies, customer preferences, external market conditions, and member-specific efforts can influence sales outcomes. Therefore, achieving equal sales among members is beyond our control and cannot be guaranteed.

It is important to understand that while we strive to optimize overall results for all members, individual sales performance may vary. We are committed to providing equal opportunities and support to all members, but the ultimate sales outcomes are influenced by multiple factors that extend beyond our direct control.

As the owner of your company, it is important to understand your legal rights and responsibilities. The following points outline key aspects of your ownership rights and the corresponding responsibilities:

Record Keeping:
It is your responsibility to maintain clear records of all copies of bases, tax returns, and other relevant documents pertaining to your business. These records should be accurate, up-to-date, and easily accessible for reference or review as required.
Income Record:
Maintain a clear record of all incomes generated by your business. This includes documenting sales transactions, invoices, receipts, and any other sources of revenue. Accurate income records are essential for tax purposes and financial reporting.
Expense Record:
Keep a clear record of all business expenses incurred. This includes documenting receipts, invoices, bills, and any other financial transactions related to your business. Accurate expense records help in tracking costs, managing finances, and ensuring compliance with taxation regulations.
Company Certificate:
Regularly check and ensure that your company certificate is up-to-date. This includes reviewing the validity of your registration, business licenses, permits, and any other legal certifications required to operate your business. Renew or update these documents as necessary to maintain compliance.
Timely Tax Compliance:
It is your responsibility to meet all tax obligations and file your tax returns on time. Stay informed about relevant tax laws, reporting requirements, and deadlines. Engage with professional accountants or tax advisors to ensure accurate and timely tax filing.
Website Terms and Conditions:
Ensure that your website's terms and conditions are aligned with Australian Consumers Law and other applicable regulations. Review and update these terms periodically to reflect any changes in legislation or business practices.
Support from Legal Team and Accountants:
While our legal team and accountants will assist you with various legal and financial matters, it remains your ultimate responsibility to ensure that all legal requirements are fulfilled. Stay actively involved in the process, review the work done, and seek clarifications when needed.
Australian Business Owner's Rights:
For a comprehensive list of Australian business owner's rights, please visit your client portal on our website. It provides detailed information and resources relevant to your legal rights and entitlements as a business owner.

Remember, complying with legal requirements, maintaining accurate records, and staying informed about your rights and responsibilities are crucial aspects of responsible business ownership. Our team is available to provide guidance and support throughout this process. If you have any further questions or need assistance, please don't hesitate to contact us.

We understand the importance of maintaining the confidentiality of your company’s information and financial matters. To ensure the privacy and protection of your data, we have implemented strict confidentiality measures. The following terms outline our expectations regarding confidentiality:

Non-Disclosure of Company Information:
All records, documents, and information related to your company and its operations must remain confidential. You are prohibited from sharing such information with any unauthorized individuals or entities, except as required by law or government agencies.
Confidentiality of Account Statement and Activities:
Your account statement, financial activities, and any related information must not be shared with any unauthorized person or third party. This includes sensitive financial data, transaction details, and other confidential information pertaining to your business.
Protection of Market Research:
The market research provided under the “client’s info pack” is for your exclusive use and should not be shared with anyone whose intentions involve the commercial use of the info pack without our company’s involvement. This includes refraining from distributing, selling, or using the research for any purpose other than your own business activities.
Security of Personal and Business Information:
We maintain strict security protocols to ensure the confidentiality of your personal and business information. Your data is accessible only by you and individuals authorized by you. Our legal team adheres to professional standards of confidentiality and will handle your information with utmost care.
Confidentiality of Technology, Service, and Business Style:
Our proprietary technology, service offerings, and unique business style are considered confidential and should not be disclosed or shared with any external parties without our explicit consent. This includes protecting the intellectual property, trade secrets, and confidential business methodologies employed by our company.

Please note that breaching confidentiality obligations may result in legal consequences and termination of our business relationship. We expect your full cooperation in safeguarding the confidentiality of your company’s information as well as our proprietary knowledge and practices.
By continuing to engage with our services, you acknowledge and agree to abide by these confidentiality terms. If you have any questions or concerns regarding confidentiality, please contact our legal team for further clarification.

As part of our business agreement, the following payment terms outline the financial obligations and responsibilities between the parties involved:

Contract Duration:
This agreement is valid for a period of 12 months, starting from the date of signing.
Payments in Advance:
Payments are required to be made every 3 months in advance. This ensures the continuous provision of services and covers the upcoming billing cycle.
Weekly Payments for Goods:
Payments for the goods provided will be made to your designated account on a weekly basis. This allows for efficient and timely processing of payments and helps maintain a smooth business relationship.
Marketing and Additional Charges:
Your products will be marketed at a price that includes an additional 30% of your reserved price. This extra charge is intended to cover expenses related to shipping, local taxes, and our service fees associated with marketing and promoting your products.
World Hunger Relief Program:
As part of our corporate social responsibility initiative, 1% of your net profit will be deducted and allocated towards our World Hunger Relief Program. This contribution aims to support global efforts in addressing hunger and food insecurity.
Late Payment Fee:
In the event of late payments, a late payment fee of 2% of the total bill amount will be incurred. It is essential to honour the agreed-upon payment schedule to avoid any unnecessary fees or disruptions in service.

In the event that you decide to cancel your agreement with us, the following cancellation terms and conditions apply:

Government Fee:
A government fee of $695 will be applicable in the case of cancellation. This fee covers administrative and processing costs associated with cancelling the agreement.
Products Shipping Fee:
In the event of cancellation, any costs associated with shipping the products back to the origin will be the responsibility of the customer. This includes packaging, transportation, and any applicable customs fees or taxes.
Cancellation Fee:
A cancellation fee equivalent to 25% of the total contract value will be charged. This fee is intended to cover the time, effort, and resources invested in setting up and managing the agreement.
Written Notice:
A written notice of cancellation must be provided at least 2 months in advance. This allows us to effectively manage the termination process and minimize any potential disruptions.

Please note that the cancellation terms outlined above are designed to protect the interests of all parties involved. We recommend carefully considering your decision to cancel and assessing any associated costs before proceeding.
We understand that circumstances may change, and cancellation may become necessary. If you decide to proceed with the cancellation, please ensure that you comply with the written notice requirement and address any outstanding obligations, including the government fee, products shipping fee, and cancellation fee.

Contact

Location:

3/151 Dohertys Road, Laverton North, VIC 3020, Australia

Email:

info@directfactorymarketplace.com.au

Call:

+84 286 277 1234

Open Hours:

Mon-Sat: 11AM - 23PM

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