Terms & Conditions

TERMS AND CONDITIONS

By creating this free account, I agree to the terms and services

The Australian Teachers Marketplace (ATM) offers an open platform for educators and creators to discover, buy, sell, and share their original content for teaching and learning, classroom decor, and supplies for creating such works (“Resources”). Resources may include electronically delivered files, digital products, streaming video, physical or used goods, and other product types.

This Agreement sets forth the legally binding terms and conditions for your use of the website at http://www.australianteachersmarketplace.com.au Australian Teachers Marketplace
This Agreement applies to all users of the Site, including without limitation users who are members, sellers and customers. You agree that this Agreement and Privacy Policy will apply whenever you use the Site.

Only individuals who are 18 years of age or older are eligible to become members or open a store. By registering for an Account or using our Services, you represent and warrant that you are at least 18 years old.

When you create an Account, the information you provide needs to be true and accurate. Your information must be true and accurate and does not violate someone else’s rights. We may close or suspend access to your Account if you violate this rule or if we are unable to verify your age or identity. If you’re a school, organization, government, business, or other entity, the person whose email address is associated with the Account must have authority to bind the entity to this Agreement.

Australian Teachers Marketplace is an online marketplace that allow users to sell and buy original teaching resources (Products) By buying a product on ATM does not transfer legal ownership of Products from the seller to the buyer.

You and Australian Teachers Marketplace are independent contractors, and no agency, partnership, or joint venture is intended or created by this Agreement.  You agree that Australia Teachers Marketplace is a service supplier that enables members and users to connect and trade (buy and sell) teaching resources with one another and is not responsible or liable for any Content, including but not limited to, data, text, information, usernames, graphics, images, photographs, profiles, audio, video, items, and links posted by you, other users, or outside parties on the Site. You use the Site, services and tools at your own risk.

Sellers.

“Fees” include (1) membership subscription fees charged each membership term (“Membership Fees”), and (2) fees charged per Resource sold (“Transaction Fees”).

“Marketplace Payout Rate” is defined as the percentage of the sale price you earn for each Resource you sell through the ATM Marketplace.

The applicable Marketplace Payout Rate is applied to the sale price of each Resource at the time sold and includes transaction fees before (where applicable) Shipping Charges are applied.

The Fees and Marketplace Payout Rates for each Seller Membership are defined in our Seller Fees and Payout Rates Policy which is incorporated as part of these Terms. We may, in our discretion, make changes to the fees and payout rates we offer, at any time. In advance of any increase or change in ATM Payout Rates, we’ll notify all affected Users at the email address associated with the account in accordance with these Terms. Changes in Marketplace Payout Rates will be applied to all affected Sellers as of the stated effective date of the change. Any increase in Membership Fees will be applied only to renewals taking place after the change

Sellers are responsible for any other fees or costs they may incur and for paying any applicable income, sales, including GST or other taxes they may be subject to as a result of using our Services.

YOUR PRODUCT LISTINGS AND CONTENT 

Rights you grant to ATM.

You retain any intellectual property rights that you hold in that Content. ATM does not take or claim any ownership (copyright, trademark, or otherwise) over your Content.

When you post or upload Content to our Services, you grant to us limited rights to store, use, display, and provide access to the Content you post as necessary to provide our Services, including Digital Services (defined and as further detailed below), such as to display your resource in your store and in search results, to make your Resources available for download, and to display and promote your Resources through our Services, through email, and ads on other sites or search engines, and through other marketing campaigns. For these purposes, you grant to us a nonexclusive, irrevocable, perpetual (except as otherwise provided herein), worldwide, sublicensable license to exercise any copyright, trademark rights, or other rights in and to your Content necessary to provide our Services to you and our other Users.

Additionally, when you post or upload Resources to our Services, you grant ATM in its sole discretion, the right, to make your Resources available for use with digital (device-based and/or online) tools and features, as are now or hereafter, made available or enabled through the Services, such as any interactive resource tool that allows Resources to be turned into device-based interactive activities where tools and features are “Digital Services” and the Resources are “Digital Resources”.

• ATM may store, use, display, provide access to, and promote digital resources and physical resources as needed to enable use of Digital Services, including for example -adjusting, reformatting, and modifying Digital Resources for technical purposes (for example to convert them to a digitizable format and to secure the underlying content), and reproducing, displaying, and distributing Digital Resources (for example to enable Digital Users to view and use them within digital Services and in order to make unique copies available to students as needed

Conditions for Listing Products on the Site

By listing a Product on the Site, you assume full responsibility for the content of the listing digital or physical, product offered, and accept the following listing conditions:

When you list a product on our site it will be sent for approval to ensure the products meet the high standards we set at ATM.  

You warrant that you and all aspects of the product comply with Australian Teachers Marketplace (ATM) policies and that you may legally sell the product.  You must accurately describe your product.  Please report violations to ATM immediately, if found in breach of copyright laws or content violation your account will be immediately suspended.

Limitation of Liability
You will not hold Australian Teachers Marketplace responsible for other users’ Content, Products, actions or inactions. We do not transfer legal ownership of Products from the seller to the buyer.   Further, we cannot guarantee continuous or secure access to our Site, services or tools, and operation of our Site, services or tools may be interfered with by numerous factors outside of our control. Accordingly, to the extent legally permitted, we exclude all implied warranties, terms and conditions. We are not liable for any loss of money, goodwill or reputation, or any special, indirect or consequential damages arising, directly or indirectly, out of your use or your inability to use our Site, services and tools.

Fees and Services
Australian Teachers Marketplace is free to join to buy or sell products. To open a store sellers, agree to pay a fee per selling price of eachproduct sold including transition fees.

These are as follows and are subject to change.

For all product types the comissions are as per below

Commissions:
Premium Seller- 80% on all sales                             Basic Seller-60% on all sales
Transaction Fees 2.7 (stripe and Paypal)                Transaction Fees 2.7 (stripe and paypal

We donate 5 % to the Smith Family ATM Charity (after your commission is paid to you)

Payouts will be made every Friday- to the paypal address you have nominated. Unless otherwise stated, all fees are quoted in AUD (Australian Dollars) You are responsible for paying all applicable taxes including GST.

Australian Teachers Marketplace (ATM) will collect payment from buyers and will then distribute money owed to sellers. Commissions after a sale are made to the seller through a paypal therefore all sellers must have an active Paypal account (PayPal – Premier version) connected to their vendor accounts.

ABN

Users are solely and exclusively responsible for any legal responsibility relating to obtaining an ABN and all the regulations which are associated with it, including all taxable responsibilities.

Goods and Services Tax

Users of the service agree that they are absolutely and solely liable and accountable for any GST that may apply to any sales finalised through the use of the service.

The sum owed for any taxable amount completed through or in agreement with these terms and User Agreement is exclusive of GST.

The sum owed for any taxable amount completed through or in agreement with these terms and User Agreement shall be increased by the percentage of GST enforced by law and regulation.

Any sellers residing in any country outside of Australia are not obliged to add GST to their items which are being offered for sale; an exemption to this applies if the seller has a permanent business franchise or other enterprise base in Australia in which case GST is to be added if they qualify for this under legislation.

Privacy
We do not sell your personal information to third parties for their marketing purposes without your explicit consent. We use your information only as described in the Australian Teachers Marketplace Policy. Users’ privacy is very important to us.

REFUNDS:

Digital Products/Virtual Products: all sales are considered final and non-refundable once an order is submitted. We may, in our sole discretion, modify our Refund Policy or, on a case-by-case basis, issue a refund for a reason that falls outside of our Refund Policy. Sellers can view a refund and any applicable refund note in their Sales Details report. Sellers may authorize a full or partial refund for any reason.  If a refund is deemed necessary, this will be at the expense of the seller and all fees associated with that sale will be returned to ATM at the expense of the seller-either immediately or will be held over in the next payout.

Physical Products: you must provide your refund policy in your store settings for customers to see.  If you deem a refund necessary, this will be refunded to you via your weekly payout (excluding 2.7 transaction fees) ongoing refunds to customers may result in your account being closed.

Indemnity

You will indemnify us (and our officers, directors, agents, subsidiaries, joint venturers and employees) against any claim or demand, including legal fees and costs, made against us by any third party due to or arising out of your breach of this Agreement, or your infringement of any law or the rights of a third party in the course of using the Australian Teachers Marketplace platform.