1. Introduction

This Marketplace Seller Agreement (“Agreement”) is entered into between Aspire Live Pty Ltd (ABN 99 662 218 135), trading as Alby Marketplace (“Alby“, “we“, “our“, or “us”) and the individual or business entity agreeing to these terms (“Seller” or “you”).

By applying to sell and/or being approved and activated as a Seller on the Alby platform (“Platform”), you agree to be bound by the terms and conditions of this Agreement, the Refunds and Disputes Policy, and any applicable laws including the Australian Consumer Law.
Seller means an individual or business entity that has successfully completed Alby’s approval and verification process and has been authorised to sell on the Platform.

Submission of an application alone does not create a Seller account.

2. Scope of Services

Alby provides an online marketplace enabling Sellers to list and sell goods and services directly to buyers. Alby facilitates the transaction process, payment collection, and remittance to Sellers.

Alby does not take ownership of the goods or services and acts solely as a platform operator and payment facilitator.

3. Seller Obligations

1. Compliance: Sellers must comply with all applicable laws, including Australian Consumer Law, and ensure that their goods and services are accurately described and delivered as advertised.
2. Product & Service Listing: Sellers are responsible for listing accurate, truthful, and lawful descriptions of their goods and services.
3. Fulfilment: Sellers must fulfil customer orders in a timely and professional manner.
4. Taxes: Sellers are responsible for all applicable taxes, duties, or levies relating to their business activity.
5. Conduct: Sellers must not engage in any conduct that is misleading, deceptive, unlawful, or likely to harm the reputation of Alby.
   
   

4. Payments and Disbursements

1. Collection: Payments from buyers are collected by Alby through its third-party payment provider.
2. Disbursement: Funds will be disbursed to the Seller’s nominated account in accordance with Alby’s settlement schedule. Timing of disbursement may vary depending on transaction risk, refund periods, or other operational factors.
3. Withholding Rights: Alby reserves the right to withhold, delay, or reverse payouts in cases of dispute, chargeback risk, fraud, or policy breach.
4. Fees: Alby will deduct applicable platform or service fees from disbursed funds as set out in the Seller dashboard or pricing schedule.
5. Verification Requirement: No funds will be disbursed unless and until the Seller has successfully completed all required KYB/KYC verification.
   
   
   

5. Refunds and Disputes

Sellers must adhere to the Alby Refunds and Disputes Policy. Alby reserves the right to resolve customer complaints, determine appropriate refunds, and apply those amounts against Seller balances.

6. Intellectual Property

Sellers grant Alby a non-exclusive, royalty-free licence to use, display, and promote their listings, trademarks, and content for the purpose of operating and marketing the Platform.

7. Suspension and Termination

Alby may suspend or terminate a Seller’s access to the Platform at its discretion, including for breach of this Agreement, fraud, customer complaints, legal non-compliance, failure to complete or maintain required verification, changes in ownership or control, or elevated risk indicators identified through monitoring or compliance reviews, including for breach of this Agreement, fraud, customer complaints, or legal non-compliance.

Sellers may terminate this Agreement at any time by providing fourteen (14) days’ written notice, subject to resolution of any outstanding transactions, balances, or disputes.

8. Limitation of Liability

To the extent permitted by law, Alby is not liable for any indirect, incidental, or consequential losses arising from use of the Platform. Alby’s total liability is limited to the amount of service fees paid by the Seller in the three (3) months prior to the event giving rise to the claim.

9. Governing Law

This Agreement is governed by the laws of Western Australia. Any disputes shall be subject to the jurisdiction of Australian courts.

10. Amendments

We may amend this Agreement by providing reasonable notice. Continued use of the Platform constitutes acceptance of any changes.

11. Contact

For all Seller-related enquiries, please contact us at:
Email: [email protected]
Postal Address:

Aspire Live Pty Ltd

70 Stirling Terrace

Albany, WA 6330

Australia