Welcome to the website of Axichain Pty Ltd (ABN 32 627 010 379) ("we", "us" or "Axichain"), the leading global B2B online physical commodities trading platform that is economical, efficient and secure being a virtual marketplace for pre-vetted buyers and sellers in a global community, providing a digital B2B Trading Platform integrating all elements of global trade management, including e-payments, authentication of participants, logistics, trade finance, trade compliance, trade content, track and trace.

This website and the associated platform are located on the web via the domain axichain.io/ which includes all of the files located in that domain as well as any Axichain controlled Application used on a mobile, handheld or other wirelessly connected devices ("this site").


Agreement to these Website Terms of Use

By accessing this site, you agree to be bound by these terms of use ("Website Terms of Use"). These Website Terms of Use constitute a binding agreement between you and Axichain and govern your use of this site.

Privacy Policy

As part of these Website Terms of Use, your use of this site is also subject to our Privacy Policy (located at https://axichain.io/), which is incorporated by reference into these Website Terms of Use.

Legal capacity to transact

If you are under 18 years of age, you cannot place orders through this site. By using this site, you represent and warrant to Axichain that you are over the age of 18 years. Should Axichain suffer any damage or other losses as a result of a transaction entered into by a minor, we reserve the right to seek compensation for such losses from his/her parents or guardians.

Restrictions on use
Prohibited conduct

Your use of this site is subject to the rules set out in Schedule 1 below.

Violations of these Website Terms of Use

Without limiting any other remedies available to Axichain at law or in equity, Axichain reserves the right to, without notice:

Indemnity

You indemnify and hold harmless Axichain and its officers, employees, agents, consultants, licensors, partners and affiliates from and against any losses, liabilities, costs, expenses or damages (including actual, special, indirect and consequential losses or damages of every kind and nature, including all legal fees on a solicitor-client basis) suffered or incurred by any of them due to, arising out of, or in any way related to (directly or indirectly):

Registration and account security
Requirement for registration

Axichain reserves the right to make any parts of this site accessible only to users who have registered.

Username and password

Upon registration with this site, you will be issued with a username and password to access your account. You are responsible for maintaining the security of your password for this site. Axichain will not be liable for any loss or damage arising from or in connection with your failure to comply with this security obligation. You agree that Axichain will be entitled to assume that any person using this site with your username and password is you or your authorised representative.

You must notify Axichain immediately of any known or suspected unauthorised use of any password or any other breach of security.

User information

In order to register an account with this site, you must agree to these Website Terms of Use and provide Axichain with:

You must promptly update this information to maintain its accuracy at all times.

You represent and warrant to Axichain that all information provided to Axichain by you, including the information provided by you through our account registration module or entered into your account profile, is true and not misleading and does not violate any applicable law or regulation or any person's intellectual property or other rights.

Multiple accounts and automated account opening

One entity may maintain more than one account with this site. Accounts registered by "bots" or other automated methods are not permitted.

Approval of registrations

Axichain reserves the right to accept or reject any application for registration of an account with this site at its discretion.

Digital Signatures

Axichain is a browser-based platform. To digitally sign documents in Axichain, the user must sign the corresponding document directly in the visual drawing space. By signing, the user confirms and accepts the terms.

Vendor User Listings
Listing fees

By placing a listing for a product and/or service using this site, you agree to pay Axichain’s fees for the listing.

The relevant fee for each listing will be disclosed to you during the listing creation process. Axichain reserves the right to change the fees at any time before you finalise a listing.

Listing conditions

You are solely responsible for the content and accuracy of any listing you submit using this site. Any listing submitted by any user (“Vendor User”) who places a listing to sell and supply products and/or services to a purchaser user on this site is subject to these conditions:

Axichain reserves the right to remove or edit any content on this site at its discretion.

Orders
Order constitutes offer

By placing an order through this site, you make an irrevocable offer to us to purchase the products/services that you have selected pursuant to these Website Terms of Use. Information contained in this site constitutes an invitation to treat only. No information in this site constitutes an offer by us to supply any products/services to you – however, Axichain will endeavour to work with Vendor Users to secure the supply your selected products/services to you.

We will not facilitate the processing of any order made through this site unless and until:

We reserve the right at our discretion to:

Acceptance of orders

Acceptance of each order will take place if and when Axichain and/or the Vendor User:

Prices

Axichain reserves the right to change the prices for products/services displayed in this site at any time before you place an order.

GST

Unless otherwise expressly stated, all amounts payable through your use of this site are expressed to be inclusive of GST or as otherwise indicated. For these purposes, the term "GST" has the meaning given to it in the A New Tax System (Goods and Services Tax) Act 1999 (Cth).

Payment methods

Axichain uses leading third-party gateway services for its secure online Payment transactions. Unless you expressly consent otherwise, we do not see or have access to any personal information that you may provide to such gateways, other than information that is required to process your order and enable the delivery of your purchased items to you (e.g., your name, email address and billing address).

Payment Suppliers by EFT

Axichain may require its suppliers to quote their electronic funds transfer (EFT) details to enable it pay them for their goods and/or services.

Refunds and other remedies

Except as expressly provided otherwise in these Website Terms of Use, all amounts paid through this site are non-refundable. Further information on the steps that Axichain will take to remedy any breach of any non-excludable condition or warranty/guarantee is provided under the heading "Remedies limited" in these Website Terms of Use below. For more information about obtaining refunds from third party suppliers, see the paragraphs headed "Refunds from Vendor Users" in these Website Terms of Use below.

Security

We will not be responsible for any damages, including consequential losses (whether direct or indirect), that may be suffered by a purchaser or Vendor User whose credit or debit card or bank account information is used in a fraudulent or unauthorised manner by any person other than Axichain.

Axichain may request further information from you, such as identification documentation, as part of our internal validation procedures. These procedures help protect bank and credit card account holders from online fraud. Until your order has passed our internal fraud prevention checks, your order will remain on pending status. If further information is requested and you do not provide the requested information within such time as Axichain considers appropriate at its discretion, your order will be cancelled.

Axichain does not guarantee the reversal of any payments the Vendor User has received.

Dealings with third parties
Content supplied by third parties

This site includes an online portal that allows Vendor Users to list products for sale to purchasers through this site and to upload information and other content directly to this site for our Vendor Users and purchasers to access. We do not act as agent for any such Vendor Users and we take no responsibility, and assume no liability, for:

We do not recommend or endorse any products of Vendor Users that are listed, advertised or referred to in this site or the content of any of Vendor Users’ sites.

Third party websites

We are not responsible for the content of linked third party sites or advertisements or provide any guarantees or warranties, regarding their content or accuracy. These links may unintentionally connect with websites containing information that some users may find inappropriate or offensive. Your use of any third-party websites is at your own risk and subject to their respective terms and conditions of use.

User acknowledgements

You acknowledge that Axichain does not:

Role of Axichain

The Vendor User, and not Axichain, is:

Vendor User’s terms and conditions

Acceptance of an order creates a contract between you and the relevant Vendor User in respect of the provision of the products that are the subject of that order. Axichain is not a party to that contract. That contract will be subject to relevant Vendor User’s own terms and conditions of supply. You will be responsible for investigating and reviewing the Vendor User’s terms and conditions of supply – including its policies on refunds, returns, cancellations and rescheduling, as applicable – prior to placing any order through this site.

As part of our terms and conditions for supplier listings, suppliers undertake to us that they will offer to users of this site terms and conditions that are at least as favourable to the user as those in Axichain’s dynamic contract. Axichain does not, however, hold the benefit of that undertaking on your behalf.

Refunds from Vendor Users

As between you and Axichain, all amounts paid through this site are non-refundable. If, pursuant to the terms and conditions of the contract that is formed between you and any Vendor User upon the acceptance of any offer that you make through this site, you are entitled to any refund, the relevant Vendor User is solely responsible for providing you with that refund. Axichain does not guarantee the provision of that refund to you and you must take action against the Vendor User directly, and not against Axichain, in order to enforce your entitlement to that refund.

Disputes between purchasers and Vendor Users

You are solely responsible for your interactions with Vendor Users listed on this site and Axichain is not a party to any transactions between you and such Vendor User. We reserve the right, but have no obligation, to monitor and take action regarding any disputes between purchasers and Vendor Users.

If you believe that any Vendor User from which you have purchased any products through this site has failed to provide those products to you, or that those products did not meet your expectations, please contact us to let us know so that we may take disciplinary action against that Vendor User if we consider it appropriate at our discretion to do so. Axichain will not, however, act on your behalf, or on behalf of any Vendor User, in respect of any dispute between you and a Vendor User.

Intellectual property
Copyright

In these Website Terms of Use, the term "Proprietary Content" means:

All Proprietary Content is the property of Axichain or its licensors (as applicable) and is protected by Australian and international copyright laws. You must not reproduce, transmit, republish or prepare derivative works from any of the Proprietary Content, except as expressly authorised by these Website Terms of Use or with the prior written consent of Axichain or other copyright owner (as applicable).

Except where it relates to a contract between a Vendor User and a purchaser you may download and print out content from this site only for your own personal and non-commercial use and provided that you do not remove or modify any copyright, trademark or other proprietary notices.

Trademarks

Axichain’s logo and the phrase "Join the Global Economy with Axichain Digital Supply Chain" are trademarks of Axichain. The look and feel of this site (including all button icons, scripts, custom graphics and headers) are the trademarks, service marks and/or trade dress of Axichain. These trademarks, service marks and trade dress may not be used, copied or imitated, in whole or in part, without the prior written consent of Axichain.

User Content

In these Website Terms of Use, the term "User Content" means any and all content that is submitted, posted or otherwise added to this site by any Vendor User, purchaser or other user, such as comments, forum posts, chat room messages, reviews, ratings and feedback.

This site contains some features that enable you and other users to upload User Content. Axichain reserves the right to display, refuse to display, remove and/or amend all or any part of any User Content at its absolute discretion. In respect of any User Content that you upload, you:

Copyright claims

If you believe that our site contains any material that infringes upon any copyright that you hold or control, or that users are directed through a link on this site to a third party website that you believe is infringing upon any copyright that you hold or control, you may send a notification of such alleged infringement to us in writing. Such notification should identify the works that are allegedly being infringed upon and the allegedly infringing material and give particulars of the alleged infringement. In response to such a notification, we will give a written notice of a claim of copyright infringement to the provider of the allegedly infringing material. If the provider of that material does not respond to us in writing denying the alleged infringement within 14 days after receipt of that notice, we will remove or block the allegedly infringing material as soon as is reasonably practicable. If the provider of that material responds to us in writing denying the alleged infringement, we will, as soon as is reasonably practicable, send a copy of that response to the original notifying party. If the original notifying party does not, within a further 14 days, file an action seeking a court order against the provider of the allegedly infringing material, we may restore any removed or blocked material at our discretion. If the original notifying party files such a legal action, we will remove or block the allegedly infringing material pending resolution of that legal action.

Disclaimer of warranties

TO THE MAXIMUM EXTENT PERMITTED BY LAW, AXICHAIN AND ITS OFFICERS, EMPLOYEES, AGENTS, CONSULTANTS, LICENSORS, PARTNERS AND AFFILIATES EXPRESSLY DISCLAIM ALL CONDITIONS, REPRESENTATIONS AND WARRANTIES (WHETHER EXPRESS OR IMPLIED, STATUTORY OR OTHERWISE) IN RELATION TO THIS SITE AND ANY PRODUCTS AND/OR SERVICES PURCHASED OR OBTAINED THROUGH THIS SITE, INCLUDING ANY IMPLIED WARRANTY/GUARANTEE OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR NONINFRINGEMENT.

This site is provided strictly on an "as is" basis. To the maximum extent permitted by law, Axichain and its officers, employees, agents, consultants, licensors, partners and affiliates make no representation, warranty or guarantee as to the reliability, timeliness, quality, suitability, truth, availability, accuracy or completeness of this site or any of its content, and in particular do not represent, warrant or guarantee that:

Limitation of liability
Exclusion of liability

To the maximum extent permitted by law, Axichain and its officers, employees, agents, consultants, licensors, partners and affiliates exclude all liability to you or any other person for any loss, cost, expense, claim or damage (whether arising in contract, negligence, tort, equity, statute or otherwise, and for any loss, whether it be consequential, indirect, incidental, special, punitive, exemplary or otherwise, including any loss of profits, loss or corruption of data or loss of goodwill) arising directly or indirectly out of, or in connection with, these Website Terms of Use or the use of this site by you or any other party.

Any supply of business commodities and all other ancillary products or services to you while you are using this site will, in the ordinary course of business, be supplied by a Vendor User. All such supply between you, as a purchaser, and a Vendor User will constitute a separate commercial dealing, and it is understood that Axichain will not be a party to such a dealing.

Remedies limited

To the maximum extent permitted by law, Axichain and its officers, employees, agents, consultants, licensors, partners and affiliates expressly limit their liability for breach of any non-excludable condition or warranty/guarantee implied by virtue of any legislation to the following remedies (the choice of which is to be at Axichain's sole discretion):

Release

You agree that your use of this site is at your own discretion and risk. You agree to release Axichain and its officers, employees, agents, consultants, licensors, partners and affiliates from any claim, demand or cause of action that you may have against any of them arising from these Website Terms of Use or the use of this site by you or any other person. Axichain may plead this release as a bar and complete defence to any claims or proceedings.

Force majeure

To the maximum extent permitted by law, and without limiting any other provision of these Website Terms of Use, Axichain excludes liability for any delay in performing any of its obligations under these Website Terms of Use where such delay is caused by circumstances beyond the reasonable control of Axichain, and Axichain shall be entitled to a reasonable extension of time for the performance of such obligations.

General
Interpretation

In these Website Terms of Use, the following rules of interpretation apply:

Notifications

Axichain may provide any notification for the purposes of these Website Terms of Use by email and/or by adding the notification into your user control panel.

Costs

Except as specifically provided in these Website Terms of Use, each party must bear its own legal, accounting and other costs associated with these Website Terms of Use.

Assignment

You may not assign, transfer or sub-contract any of your rights or obligations under these Website Terms of Use without Axichain's prior written consent. Your registration with this site is personal to you and may not be sold or otherwise transferred to any other person.

Axichain may assign, transfer or sub-contract any of its rights or obligations under these Website Terms of Use at any time without notice to you.

No waiver

Waiver of any power or right under these Website Terms of Use must be in writing signed by the party entitled to the benefit of that power or right and is effective only to the extent set out in that written waiver. Any failure by Axichain to act with respect to a breach by you or others does not waive Axichain's right to act with respect to that breach or any subsequent or similar breaches.

Severability

The provisions of these Website Terms of Use are severable and, if any provision of these Website Terms of Use is held to be illegal, invalid or unenforceable under present or future law, such provision may be removed and the remaining provisions shall be enforced.

Variation

Axichain reserves the right to amend these Website Terms of Use and any other policy on this site at any time in its sole discretion and any such changes will, unless otherwise noted, be effective immediately. Your continued usage of this site will mean you accept those amendments. We reserve the right, without notice and at our sole discretion, to change, suspend, discontinue or impose limits on any aspect or content of this site or the products/services offered through this site.

You may only vary or amend these Website Terms of Use by written agreement with Axichain.

Governing law and jurisdiction

These Website Terms of Use will be governed in all respects by the laws of Victoria. The parties irrevocably submit to the non-exclusive jurisdiction of the courts of Victoria and the courts of appeal from them.

Schedule 1 – Prohibited conduct

YOU MUST NOT:

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