This online platform (Platform) is operated by Trunked Pty Ltd (ABN 43 632 582 499) or its successors and assignees (we, our or us). It is available at: https://www.trunked.com.au/ and may be available through other addresses or channels.
In these terms and conditions, Platform refers to our marketplace regardless of how you access it. The Platform connects the seller (Sellers) with the buyer (Buyers) by facilitating introductions between Sellers and Buyers for the sale of second hand products. Our aim is to create a sustainable future by making it easy to source and purchase second hand products and for every purchase we make a commitment to plant a seed.
By clicking ‘I accept’; confirming your acceptance of these terms and conditions via email, accessing or using our Platform, you; each person, entity or organisation using our Platform (referred to as you)
(ii) warrant to us that you have the legal capacity to enter into a legally binding agreement with us or (if you are under 18 years of age) you have your parent’s or legal guardian’s permission to access and use the Platform and they have agreed to the Terms on your behalf; and
(iii) agree to use the Platform in accordance with these Terms. You must not use the Platform unless you are at least 16 years old.
If you are agreeing to these Terms not as an individual but on behalf of a company, your employer, an organisation, government or other legal entity (Represented Entity), then “you” means the Represented Entity and you are binding the Represented Entity to these Terms. If you are accepting these Terms and using our services on behalf of a Represented Entity, you represent and warrant that you are authorised to do so.
These Terms supplement and incorporate our policies available on the Platform from time to time.
(a) The Platform provides an introductory service for Sellers and Buyers.
(b) A Seller with an ability to supply second hand products within Australia
(1) will either have an account created on the Platform by us or will create an account on the Platform and
(2) once the account is verified, will upload information about their type of stock and the availability of their stock and keep this updated.
(c) A Buyer wishing to purchase products within Australia
(1) creates an account on the Platform,
(2) creates a request through the Platform by entering details of the location within which they want to search, the product they are interested in and their price point (Request).
(d) A Seller will receive a notification when a Request is made by a Buyer which matches their available stock and location. A Seller has 24 hours from the time of the Request to make an offer directly to the Buyer in response to the Request. In making an offer the Seller will send the Buyer an accurate and complete description of the products to be supplied (including accurate pictures, the fee or price to be paid by the Buyer, applicable delivery or pick up locations and fees, and GST payable) (Offer). By making an Offer, the Seller confirms that s/he is legally entitled and capable of supplying the products described in the Offer.
(e) A Buyer has 48 hours from the time that an Offer is made by the Seller to accept the Offer using the Platform functionality. When an Offer is accepted, it becomes an order (Order). An Order is an agreement for the Buyer to purchase the product from the Seller subject to the terms and conditions agreed to between the Buyer and the Seller.
(f) Once a Seller has provided the products ordered by a Buyer, the Seller must provide notice that the Order is complete by using the Platform functionality (Completed Order). Following a Completed Order we will contact the Buyer via email to notify the Buyer of the seed which we are planting on the Buyer’s behalf in the local community and which will also be visible in the Buyer’s virtual garden on the Platform.
(g) Communication: Once a Seller has made an Offer, the Seller and Buyer can communicate privately using the private messaging service on the Platform. Each time a Platform user receives a message from the Platform messaging service, a notification may be sent to the user via their currently active communication channel.
(h) You understand and agree that the Platform is an online introductory platform only, and that our responsibilities are limited to facilitating the user functionality and availability of the Platform. We are not an employment agency or labour hire business and Sellers are not our employees, contractors, partners or agents.
(i) We are not a party to any agreement entered into between a Seller and a Buyer. We have no control over the conduct of Sellers, Buyers or any other users of the Platform. Buyers and Sellers should agree the terms of any Offer and Order between themselves.
(j) We accept no liability for any aspect of the Buyer and Seller interaction, including but not limited to the description of the products offered and the delivery of goods.
(a) You can browse and view the Platform as an unregistered user of the Platform. You must register on the Platform and create an account (Account) to access some features on the Platform such as to make a Request as a Buyer or an Offer as a Seller.
(b) You may only have 1 Account as a Buyer on the Platform. If you are a Seller and you own more than one business, you must apply for a separate Account for each business. As a Seller, we may provide you with multiple logins on request.
(c) You must provide basic information when registering for an Account including name, email address, telephone number, date of birth, address and location and you may choose a username and password. The username you choose must not
(i) be offensive or in other ways insulting or
(ii) contain characteristics which belong to a third party, including names of famous persons, or personal names to which you do not own the rights.
(d) If you are a Seller and you request to create an Account, we will review your request for an Account before approving the request. We may request additional information, including details of your suppliers, your warranty policies, your order delivery offerings, your ABN and TFN. We may also request to visit your business in person. If you do not provide us with information we reasonably request, we may refuse to create an Account for you. If you provide us with any information which indicates you are not a fit and proper person or entity to be provided with an Account, we may refuse to provide you with an Account, in our sole discretion.
(e) You must provide accurate, current and complete information during the registration process and you must update such information to keep it accurate, current and complete.
(f) You are responsible for keeping your Account details and your username and password confidential and you will be liable for all activity on your Account, including purchases made using your Account details, whether or not you authorised such activities or actions.
(g) You will immediately notify us of any unauthorised use of your Account.
(h) At our sole discretion, we may refuse to allow any person to register or create an Account.
(a) Buyers may rate a Seller via the rating functionality on the Platform (Rating) and/or may provide a freeform short feedback comment or a comment based on the Buyer’s selection from a suggested list (eg. ‘Fast delivery’ or ‘Great experience’) to the Seller regarding the Seller’s products purchased by that Buyer (Review).
(b) Ratings and Reviews of a Buyer can be viewed by any user and will remain viewable until the relevant Seller’s Account is removed or terminated.
(c) A Buyer must base their rating on true, fair and accurate information and a genuine personal service experience with the Seller.
(d) A Buyer is encouraged to be factual and must provide true, fair and accurate information in their Review and the Review must be based on a genuine personal service experience.
(e) If we consider that the Review is untrue, unfair, inaccurate, offensive or inappropriate, we may contact the Buyer to discuss the Review, delete the Review or ban the Buyer from posting the Review. We do not undertake to review each Review made by a Buyer.
(f) If a Rating is below 1 star we reserve the right to contact the Buyer and discuss the Buyer’s service experience before posting the Review.
(g) To the maximum extent permitted by law, we are not responsible for the content of any Reviews.
(h) Buyers must not publish Reviews for Sellers to which you have personal or professional relations.
It is free to register an Account on the Platform. There is no charge for a Buyer to create a Request or for a Seller to make an Offer.
(a) Any payments will be made through our third party payment processor, currently Stripe or by any other payment method set out on the Platform.
(b) A Buyer must pay the relevant fees set out in the Offer they choose to accept (Order Fees) at the time s/he accepts the Offer.
(c) After the Order is marked as a Completed Order the Order Fees will be paid to the Seller minus our service fee (which may vary depending on the Order Fee and the Seller’s subscription with us) and any transaction fees charged by our third party payment processor as set out on the Platform.
(d) To the extent permitted by law, our service fee is non-cancellable and non-refundable.
(a) As a Seller your use of the Platform may be subject to a subscription fee.
(b) Your subscription may begin with a free trial. The following terms apply to any free trials we offer to you:
(1) The free trial period of your subscription lasts for the period of time specified during the Account registration process. Any free trial period we offer is intended to allow you to experience our Platform.
(2) We determine free trial eligibility in our sole discretion and we may limit eligibility to prevent free trial abuse. We reserve the right to revoke the free trial and suspend your Account in the event that we determine that you are not eligible.
(3) We may charge your chosen payment method (such as your credit card) for your subscription fee at the end of the free trial unless you cancel your subscription prior to the end of the free trial period.
(c) The subscription fee for the Platform and any other charges applicable to the use of the Platform, such as any applicable taxes, will be charged on a recurring basis depending on the billing cycle period chosen to your selected payment method on the calendar day corresponding to when you registered for an Account. In some cases your payment date may change, for example if payment is unable to be processed or if your membership began on a day not contained in a given month. You agree and acknowledge that you must have sufficient funds in your selected payment account in order to pay the subscription fee. You are responsible for paying any fees, such as bank fees, for any payments that are dishonoured.
(d) You may terminate your subscription by cancelling your Account using the Platform cancellation functionality. Where you cancel during your current billing cycle your subscription and your access to the Platform will continue until the end of that then current billing cycle.
(e) To the extent permitted by law, our subscription fee is non-cancellable and non-refundable.
(a) We may from time to time issue promotional discount codes for a Buyer’s use on the Platform. To claim the discount, you must enter the promotional discount code at the time of accepting an Offer through the Platform. The conditions of use relating to promotional discount codes will be specified on the Platform at the time they are issued.
(b) We may also from time to time offer refer a friend discount codes. Where you share a refer a friend discount code with an individual you warrant that you have consent from that individual to contact them and that you have decided to contact that individual at your own discretion. You must not create a second Account on the Platform to take advantage of the refer a friend discount code.
(a) Each Seller appoints us as the Seller’s limited payment collection agent solely for the purpose of accepting the Order Fees from the Buyer.
(b) Sellers agree that payment of Order Fees by a Buyer to us (as the Seller’s limited payment collection agent) is to be considered the same as payment made directly by the Buyer to the Seller and the Seller will provide the purchased products to the Buyer as agreed, as if the Seller had received payment directly from the Buyer.
(c) Each Seller agrees that we may refund Buyers in accordance with these Terms. Each Seller agrees that our obligation to pay the Seller is subject to and conditional upon successful receipt of the relevant payments from Buyers.
(d) We guarantee payment to Sellers only for such amounts that we have successfully received from Buyers in accordance with these Terms. In accepting appointment as the limited payment collection agent of the Seller, we assume no liability for acts or omissions of the Seller.
(e) In the event that we do not remit Order Fees as set out in the Payment clause above, Sellers will only have recourse against us and not the Buyer directly.
(a) The cancellation, exchange or refund of any goods or services ordered on this Platform is a matter between the relevant Buyer and Seller, subject to the following clauses (b) to (e).
(b) If: (1) a Buyer and Seller mutually agree to cancel an Order; or (2) following reasonable attempts by a Buyer to contact a Seller for the Seller to fulfil the Order, the Order is cancelled, and (3) a Buyer has made reasonable attempts to resolve the dispute with the Seller and after investigating the complaint we are satisfied that the Order Fee should be returned to the Buyer: we will return the Order Fee to the Buyer.
(c) If we have already paid the Seller an amount for the Order and we decide to return the Order Fee to the Buyer, under clause (b), the amount already paid to the Seller will be a debt to us.
(d) If, for any reason, an Order Fee cannot be transferred or otherwise made to a Seller, including if the Seller does not provide accurate payment details, or returned to the Buyer (as the case may be), or no claim is otherwise made for the Order Fee, the Order Fee will remain in our third party payment processor account until paid or otherwise for up to three months from the date the Order Fee was originally paid into our third party payment processor account.
(e) Following the three months outlined in clause (d) and provided there is still no dispute in respect of the Order Fee, the Order Fee will be automatically credited to the Buyer.
We grant you a non-exclusive, royalty-free, revocable, worldwide, non-transferable licence to use our Platform in accordance with these Terms. All other uses are prohibited without our prior written consent.
You must not do, or attempt to do, anything that is unlawful; anything prohibited by any laws which apply to our Platform or which apply to you or your use of our Platform; anything which we would consider inappropriate; or anything which might bring us or our Platform into disrepute, including (without limitation):
(a) anything that would constitute a breach of an individual’s privacy (including uploading private or personal information without an individual's consent) or any other legal rights;
(b) using our Platform to defame, harass, threaten, menace or offend any person;
(c) interfering with any user using our Platform;
(d) tampering with or modifying our Platform, knowingly transmitting viruses or other disabling features, or damaging or interfering with our Platform, including (without limitation) using trojan horses, viruses or piracy or programming routines that may damage or interfere with our Platform;
(e) anything that might violate any local, state, national or other law or regulation or any order of a court, including, without limitation, consumer law and tax regulations;
(f) using our Platform to find a Buyer or Seller and then completing an Order or transaction independent of our Platform in order to circumvent the obligation to pay any fees related to our provision of the Platform such as by sharing personal contact details via the Platform’s messaging service and then contacting each other directly or the Buyer paying the Seller outside of the Platform (in which case the Seller will remain liable to pay the service fee for that Order or transaction);
(g) as a Seller, making any Offers to Buyers for any products that you cannot provide or do not intend to provide;
(h) as a Buyer, making any Requests for products that you do not intend to purchase;
(i) using our Platform to send unsolicited messages; or
(j) facilitating or assisting a third party to do any of the above acts.
You are prohibited from using our Platform, including the information and materials available on it (Content), in any way that competes with our business. If you breach this term, we will hold you responsible for any loss, damage or expense, howsoever arising, whether direct or indirect and/or whether present, unascertained, future or contingent (Liability) we suffer, and hold you accountable for any profits that you may make from non-permitted use.
The Content is not comprehensive and is for general information purposes only. It does not take into account your specific needs, objectives or circumstances, and is not advice. While we use reasonable attempts to ensure the accuracy and completeness of the Content, we make no representation or warranty regarding it, to the extent permitted by law. The Content is subject to change without notice. However, we do not undertake to keep our Platform up-to-date and we are not liable if any Content is inaccurate or out-of-date.
Unless otherwise indicated, we own or licence all rights, title and interest (including intellectual property rights) in our Platform and all of the Content. Your use of our Platform and your use of and access to any Content does not grant or transfer to you any rights, title or interest in relation to our Platform or the Content.
You must not, without the prior written consent of ourselves or the owner of the Content (as applicable):
(a) copy or use, in whole or in part, any Content;
(b) reproduce, retransmit, distribute, disseminate, sell, publish, broadcast or circulate any Content to any third party; or
(c) breach any intellectual property rights connected with our Platform, including (without limitation) by:
(1) altering or modifying any of the Content;
(2) causing any of the Content to be framed or embedded in another website; or
(3) creating derivative works from the Content.
You agree that you are solely responsible for all User Content that you make available on or through our Platform. You represent and warrant that:
(a) you are either the sole and exclusive owner of all User Content or you have all rights, licences, consents and releases that are necessary to grant to us the rights in such User Content as contemplated by these Terms; and
(b) neither the User Content nor the posting, uploading, publication, submission or transmission of the User Content or our use of the User Content on, through or by means of our Platform will infringe, misappropriate or violate a third party’s intellectual property rights, or rights of publicity or privacy, or result in the violation of any applicable law or regulation.
We do not endorse or approve and are not responsible for any User Content. We may, at any time at our sole discretion, remove any User Content.
As a Seller, you grant us a royalty-free, world-wide, non-transferable and revocable licence to use your business name and logo to advertise your use of our Platform for our marketing and promotional purposes. You may notify us in writing that you would like to revoke this licence. Where we are using your business name and/or logo and you provide us with this notice or these Terms are terminated, we will cease using your business name and logo for our marketing or promotional purposes within 60 days.
Our Platform may contain links to websites operated by third parties. Unless expressly stated otherwise, we do not control, endorse or approve and are not responsible for the content on those websites. You should make your own investigations with respect to the suitability of those websites.
We may, at any time and without notice to you, discontinue our Platform, in whole or in part. We may also exclude any person from using our Platform, at any time at our sole discretion. We are not responsible for any Liability you may suffer arising from or in connection with any such discontinuance or exclusion.
(a) Certain legislation including the Australian Consumer Law (ACL) in the Competition and Consumer Act 2010 (Cth), and similar consumer protection laws and regulations may confer you with rights, warranties, guarantees and remedies relating to our provision of our services which cannot be excluded, restricted or modified (Statutory Rights).
(b) Nothing in these Terms excludes your Statutory Rights as a consumer under the ACL.
(c) The products provided by a Seller might also confer you certain Statutory Rights. These Statutory Rights are between you and the Seller.
To the extent permitted by law, we make no representations or warranties about our Platform, the Content, Sellers, Buyers, products, Requests, Offers and Orders including (without limitation) that:
(a) these are complete, accurate, reliable, up-to-date and suitable for any particular purpose;
(b) access will be uninterrupted, error-free and free from viruses;
(c) our Platform will be secure;
(d) products will be Requested by Buyers or that Buyers will find desirable the products;
(e) products are of a particular standard of workmanship or meet the Offer description.
You read, use, and act on our Platform and the Content at your own risk.
Limitation of liability: Despite anything to the contrary, to the maximum extent permitted by law:
(a) our maximum aggregate Liability arising from or in connection with these Terms (including the services we provide and/or the subject matter of these Terms) will be limited to, and must not exceed (i) the aggregate amount of fees paid by you to us during the three-month period immediately preceding the event that gave rise to the Liability; or (ii) where no fees have been paid by you to us $10; and
(b) we will not be liable to you for any loss of profit (including anticipated profit), loss of benefit (including anticipated benefit), loss of revenue, loss of business, loss of goodwill, loss of opportunity, loss of savings (including anticipated savings), loss of reputation, loss of use and/or loss or corruption of data,
whether under statute, contract, equity, tort (including negligence), indemnity or otherwise.
(c) Despite anything to the contrary, to the maximum extent permitted by law, we will have no Liability, and you release and discharge us from all Liability, arising from or in connection with any:
(1) loss of, or damage to, any property, or any injury or loss to any person;
(2) failure or delay in providing the Platform or our services; or
(3) breach of these Terms or any law,
where caused or contributed to by any:
(4) event or circumstance beyond our reasonable control;
(5) a fault, defect, error or omission in your computing environment; or
(6) act or omission of you or your related parties,
(7) and, in any event, any defect, error, omission or lack of functionality or suitability (or the absence of, or reduction in, any anticipated result, outcome or benefit) with respect to the products.
(d) You acknowledge and agree that (i) you use the Platform or our services at your own risk, (ii) the provision of the Platform or our services may be contingent on, or impacted by, third parties, suppliers or other subcontractors (Third Party Inputs), and despite anything to the contrary, the maximum extent permitted by law, we will not be responsible and will have no Liability for any default or breach of these Terms or any law if such default or breach was caused or contributed to by any Third Party Inputs.
(e) You agree that, to the maximum extent permitted by law, these Terms exclude all terms, conditions and warranties implied by statute, in fact or on any other basis, except to the extent such terms, conditions and warranties are fully expressed in these Terms.
(f) Indemnity: To the maximum extent permitted by law, you must indemnify us, and hold us harmless, against any Liability suffered by us arising from or in connection with your use of our Platform or any breach of these Terms or any applicable laws by you. This indemnity is a continuing obligation, independent from the other obligations under these Terms, and continues after these Terms end. It is not necessary for us to suffer or incur any Liability before enforcing a right of indemnity under these Terms.
(g) This clause will survive the termination or expiry of these Terms.
(a) You may cancel your Account and terminate these Terms at any time via the “Cancel Account” feature (or similar) on our Platform or by sending us an email to the address at the end of these Terms.
(b) If you cancel your Account as a Seller:
(1) where you have a subscription your Account will terminate at the end of your then current billing cycle and you will not be able to make any Offers in the last week of your then current billing cycle;
(2) where you do not have a subscription, any Orders will be automatically cancelled and your Buyers will receive a full refund.
(c) If you cancel your Account as a Buyer, any Orders will be automatically cancelled and any refund will depend upon the terms of the Seller’s cancellation policy as set out in the Offer.
(d) At our sole discretion, we may suspend your Account or terminate these Terms immediately with notice if (i) you are in material breach of these Terms, any applicable laws, regulations or third party rights (ii) as a Seller your Offers or products repeatedly or significantly fail to meet any applicable quality or eligibility criteria or you repeatedly or significantly fail to meet our performance standards as communicated to you from time to time, (iii) as a Seller you repeatedly fail to deliver your Orders (iv) as a Seller you have received consistently poor Ratings or we have received a number of complaints about you including due to repeated cancellations of Orders; and (v) as a Buyer you repeatedly submit inappropriate Requests.
(e) If we suspend your Account or termnate these Terms, we will cancel any existing Orders and in the case of a Seller breach, refund the relevant Buyers, and in the case of a Buyer breach, you will lose any amounts paid.
We encourage Sellers and Buyers to attempt to resolve disputes (including claims for returns or refunds) with other users directly. If the Seller and Buyer have made a genuine attempt to resolve the dispute we may assist in investigating the circumstances of the dispute.
If there is a payment dispute in which our third party payment processor is involved (such as for an alleged fraudulent payment), any decision the third party payment processor makes and any fees the third party processor charge you are between you and that third party payment processor and are subject to that third party processor’s terms and conditions with you.
In the event of any dispute arising from, or in connection with, these Terms (Dispute), the party claiming there is a Dispute must give written notice to the other party setting out the details of the Dispute and proposing a resolution. Within 7 days after receiving the notice, the parties must meet at least once to attempt to resolve the Dispute or agree on the method of resolving the Dispute by other means, in good faith. All aspects of every such conference, except the fact of the occurrence of the conference, will be privileged. If the parties do not resolve the Dispute or (if the Dispute is not resolved) agree on an alternate method to resolve the Dispute, within 21 days after receipt of the notice, the Dispute may be referred by either party (by notice in writing to the other party) to litigation.
We recommend that Sellers obtain appropriate insurance for supplying their goods or services. If you are a Seller and you obtain an insurance policy, please review any relevant insurance documentation carefully, and in particular make sure that you are familiar with and understand any exclusions to, and any deductibles that may apply for, such insurance policy.
(b) We may disclose that information to third party service providers who help us deliver our services (including information technology service providers, data storage, web-hosting and server providers, professional advisors, third party payment processors and our business partners) or as required by law. If you do not provide this information we may not be able to provide you with access to our Platform. In certain circumstances, we may disclose your personal information to third parties located, or who store data, outside Australia.