This Seller Contract (“Contract”) is formed between Entomology Art Australia (“Website”) and the vendor account owner (“Seller”) upon the seller’s acceptance and payment of the enrolment fee. By signing up on the website, the Seller consents to this Contract and agrees to abide by the terms set forth herein, acknowledging they have fully understood and accepted the Terms of Use and policies of the Website.

Consenting to the Terms

Upon completing the registration process and remitting the enrolment fee, the Seller consents to all terms and conditions outlined in the Contract, including all related documents, policies, and future modifications.

This Vendor Terms of Service applies to your use of the various commerce services and features made available by Entomology Art Australia.

These terms encompass additional protocols, terms and conditions related to the use of our commerce services.

Gaining access to specific commerce offerings may necessitate meeting Stripe Commerce Eligibility Guidelines.

As a Vendor, you bear full responsibility for your listings and content, including ensuring their accuracy, completeness and adherence to our policies.

Any taxes related to your listings and content are your responsibility.

Compliance with all applicable laws and regulations when using our commerce services is mandatory.

Vendors are obliged to provide customer service and fulfill responsibilities related to sales, warranties, and returns.

By signing up as a Vendor, you grant permissions for us to use your listings and content.

To maintain the integrity of our platform, we may review Vendor Content.

We reserve the right to modify or discontinue services, with or without prior notice.

If needed, you may engage third-party service providers in connection with our commerce services.

We may conduct experiments to refine and improve our services.

Our platform may display ratings and reviews about you and your listings.

Adherence to terms related to User data usage is compulsory for Vendors.

Vendors are encouraged to actively promote their products and employ various marketing strategies including backlinks to thier store page.

For access to Vendor Stores, subscription fees are charged, and a 5% discount on Vendor Sales applies to Cocoon Members.
Vendors will list at least one item every 3 months with the restricted Category – Cocoon Membership for special deals for members. Doing so attracts a dedicated customer base and fiurther enhances teh Vendors presence in the market.

Payment of fees levied by payment gateways falls under the Vendor’s responsibilities.

Should you fail to comply with these terms, we reserve the right to terminate this Agreement.

We provide clear guidelines on content submission and compliance for Vendors.

We reserve the right to review and approve all content submissions before they go live.

Vendors failing to meet content quality standards may face penalties.

We may periodically revise these conditions to reflect updated standards of content quality.

Enrolment Fee

The Seller agrees to remit the specified enrolment fee as described in the Website’s pricing model. This fee can experience changes, and any alterations will be intimated to the Seller before a new subscription term.

Identity Verification and Improved Services

Identity Verification – Verified Seller Insignia: The Seller agrees to undertake a verification process as part of their induction. This might include the submission of identification proofs, business credentials, or other related information to validate their identity and services.

Improved Services: The Seller may have the opportunity to utilise additional, improved services (like promotional features, analytics, and priority support) for a supplementary fee, which will be clearly outlined and communicated through the Website.

Conformity with Consumer and Extra Requirements

The Seller recognises their duty to comply with all appropriate Australian consumer laws, including but not limited to refund protocols and return policies. The Seller agrees to establish a clear return policy that aligns with legal requirements. Additionally, the Seller must provide high-resolution photos and comprehensive descriptions of the products that truthfully portray them. If the Seller decides to take advantage of any improved services, they must also abide by any extra requirements put forth by the Website, including engaging in training modules and upholding a certain standard of content quality.

Indemnity and Exclusion of Liability

The Seller consents to indemnify and exempt the Website and its associates from any claims arising from the Seller’s use of the service, including but not limited to violations of this Contract or any applicable laws. Under no circumstances shall Entomology Art Australia be liable for any indirect, incidental, or consequential damages resulting from the Seller’s actions or negligence, including but not limited to the loss of sales, reputation, or any other losses incurred while using the Website.

Indemnity for Seller’s Products and Services

The Seller agrees to indemnify and hold harmless Entomology Art Australia (Website Owner), its officers, directors, employees, and agents from any claims, losses, damages, liabilities, costs, or expenses (including reasonable attorneys’ fees) arising out of or related to the Seller’s products and services sold to customers through the Website. This includes, but is not limited to, any claims regarding defects in the products, breaches of warranties, or any failure to comply with applicable laws and regulations. The Seller’s obligation to indemnify the Website Owner extends to any claims related to the misleading representation of products or services, as well as any disputes or issues arising from customer transactions facilitated via the Website.

Governing Law

This Contract shall be governed by the laws of the jurisdiction where the Website operates, disregarding its conflict of law principles.

Service Effectiveness and Seller Responsibilities

The efficiency of the services provided by Entomology Art Australia is closely linked to the proactive efforts of the Seller in promoting their products. Sellers are encouraged to engage in marketing strategies that include providing backlinks to their listings, using social sharing platforms, and leveraging any promotional tools made available through the Website. While these methods can increase visibility and potentially attract buyers, Entomology Art Australia does not guarantee any specific sales outcomes, or the efficiency of any marketing initiatives undertaken by the Seller. The Seller is responsible for promotion and the results thereof, ensuring a collaborative approach to achieving business goals.

Seller Responsibilities for Returns, Refunds, and Consumer Law Compliance

The Seller is obligated to develop and adhere to a clearly articulated return and refund policy that complies with Australian consumer law. This includes offering fair terms for returns, exchanges, and refunds that align with legal requirements and consumer expectations. The Seller must transparently communicate these policies on their platform and ensure they are included prominently in all relevant transactions to avoid any potential consumer disputes. Additionally, the Seller is responsible for staying informed about any changes or updates in consumer protection laws and modifying their policies accordingly. By doing so, they ensure that their business practices remain compliant and ethically sound, thereby fostering trust and satisfaction among their customers.

Subscriptions, Fees, Commissions, and Termination

The Seller acknowledges that subscription fees may be charged for the use of the Website. Unlike Facebook or Etsy, Entomology Art Australia currently charges no Commission Fee but transfers this commission to customers who join the Cocoon Membership Program, providing these customers with a 5% loyalty discount.

Sellers must register with the Stripe Payment Gateway for payouts and to sell on the Website. Please note that by using Stripe, sellers agree to comply with all applicable laws and regulations, including those related to payment processing. Additionally, Stripe’s terms of service apply, and sellers should be aware that certain fees may be deducted from payouts. It is important to review these terms and any changes that may occur.

As a condition of Sellers operating on our platform, in lieu of a commission, Entomology Art Australia is transferring commissions to Cocoon Members to attract customers to your stores. All Cocoon (Subscribed Customers Only) will automatically receive a 5% discount at checkout, on top of any discounts the Sellers offer. Sellers need to consider this when setting their prices. Non-subscribed customers will not be offered a discounted price. This program ensures a foundation customer base for the platform, providing incentives to purchase.

Our current pricing model includes the following:

Annual subscription fees for Vendor Store.

Opt in Verfied Seller annual Fee.

In lieu of a commission, a 5% discount is applied to all Vendor Sales, benefiting customers subscribed to the Cocoon membership program. This discount is automatically applied at checkout, so sellers should factor this into their pricing.

Sellers are responsible for payment of their fees charged by payment gateways, such as Stripe, which should also be taken into consideration when setting prices. Additional fees may apply based on the Stripe payment gateway used.

If the Seller fails to conform to this Agreement or delivers poor customer service, Entomology Art Australia reserves the right to terminate this Agreement immediately. Such actions may include but are not limited to failure to develop refund/return policies, poor-quality listings, or failure to comply with any applicable laws. In such cases, the Seller will not be refunded any subscription fees paid, and access to the Website may be revoked.

Conditions of Use for Content Quality on Entomology Art Australia

Content Submission Guidelines

In order to ensure swift performance and optimal user experience on our platform, we have established specific guidelines for image uploads related to product listings. Adhering to these guidelines will help maintain fast page load times and seamless visitor interaction.

Resolution and Dimensions: The recommended resolution for product images is 72 DPI (dots per inch). Product Images should be uploaded at a size of 800 x 800 pixels. This dimension ensures clarity and detail while balancing loading efficiency.

File Formats and Sizes: Acceptable file formats include JPEG and PNG. Each image file should not exceed 200 KB. Utilizing these formats will help preserve image quality while minimizing file size.

Compression Tools: We advise vendors to utilize image compression tools before uploading. Tools such as TinyPNG or JPEGmini can significantly reduce file size without compromising visual quality, thereby enhancing load times.

Preview and Test: Before uploading, preview images within the specified size limitations to ensure accurate aspect ratios and presentation. Conduct tests to verify that images appear well on various devices and screen sizes.

These guidelines are developed to optimize site speed, support efficient image handling, and improve the overall shopping experience. Compliance with these parameters is essential for maintaining the performance standards expected by our community.

Descriptive Accuracy: Vendors must provide comprehensive and truthful descriptions of their products, including specifications, dimensions, and any relevant attributes. Descriptions should be free from misleading or ambiguous statements.

Content Compliance

Adherence to Platform Policies: All submitted content must comply with the platform’s content policies, prohibiting any form of misleading or deceptive information intended to mislead potential buyers.

Copyright Compliance: Vendors must ensure that all images and content submitted do not infringe upon any third-party intellectual property rights and that proper licensing is obtained where required.

Content Review and Monitoring

Moderation and Approval Process: The platform reserves the right to review and approve all submitted content before it goes live. Content that fails to meet the established quality standards may be edited or rejected.

Ongoing Compliance Monitoring: The platform will conduct regular checks on listed products to ensure ongoing compliance with these conditions. Vendors may be asked to refresh the content to maintain the desired quality standards.

Consequences of Non-Compliance

Action for Violations: Vendors failing to adhere to these content quality conditions may face penalties, including content removal, account suspension, or termination. Repeated violations may result in stricter enforcement measures.

Right to Appeal: Vendors will have the right to appeal any content moderation decisions made by the platform, provided they can present counterevidence proving compliance with the established standards.

Updates to Conditions

Ongoing Quality Improvement: The platform may periodically update these conditions to reflect the evolving standards of content quality. Vendors will be notified of any significant changes, and continuing to use the platform constitutes acceptance of the updated conditions.

By adhering to these Conditions of Use, vendors contribute to a trustworthy and appealing marketplace, fostering greater buyer confidence and satisfaction.

Agreement

By registering and paying the enrolment fee, Sellers agree to all terms and conditions outlined in this Contract. This includes adhering to consumer laws, providing high-quality products and customer service, and taking advantage of improved services for an additional fee. Entomology Art Australia aims to provide a platform that benefits both Sellers and customers through its unique pricing model and focus on collaboration between parties. However, it is ultimately up to the Seller’s proactive efforts in marketing their products that will lead to success on the Website. Dated: September 2024 Entomology Art Australia