Welcome to ProMed Market, your trusted online marketplace for buying, selling, and a hub for impactful marketing and advertising activities. Our platform, accessible at www.promedmarket.com , is proudly managed by ProMed Market Pty Ltd with ACN 681817292. By engaging with ProMed Market Pty Ltd, through any device, you're agreeing to abide by our comprehensive Terms of Use, along with our Marketplace Terms, Privacy Policy, Cookie Policy, among other referenced guidelines. Please note, these Terms may be updated at our discretion without prior notice. Your ongoing use of our services constitutes acceptance of these changes and an agreement to be bound by the current version of our terms and conditions.

1. INTERPRETATION AND DEFINITIONS
2. ACCESS OF SITE
3. USER REPRESENTATIONS
4. INFORMATION ON THIS SITE
5. USING THE SITE
6. GENERAL POSTING RULES
7. PRIVACY POLICY AND COMMUNICATIONS
8. USER REGISTRATION AND ACCOUNT TERMS
9. THIRD PARTY ACCOUNT
10. SUBSCRIPTIONS AND PAYMENTS
11. ADVERTISING, PROMOTIONS AND VOUCHERS
12. USER-GENERATED CONTRIBUTIONS
13. GUIDELINES FOR REVIEWS
14. SUBMISSIONS
15. THIRD-PARTY WEBSITES AND CONTENT
16. MARKETPLACE
17. POSTING DUPLICATE ADS
18. BUYING AND PAYMENTS
19. FEEDBACK POLICY
20. REQUIREMENTS FOR PRE-SALE ITEMS & TGA COMPLIANCE DISCLAIMER (FOR MEDICAL DEVICES)
21. TERMS FOR SALE POLICY AND TERMS OF USE DISCLAIMER
22. CODE OF CONDUCT
23. BANNER ADS
24. SITE MANAGEMENT
25. COPYRIGHT INFRINGEMENTS
26. TERM AND TERMINATION
27. MODIFICATIONS AND INTERRUPTIONS
28. DISPUTE RESOLUTION
29. GOVERNING LAW AND PLACE OF JURISDICTION
30. CORRECTIONS
31. TRANSACTIONS, ACTIONS, AND ADVERTISEMENTS OF AND BETWEEN USERS
32. LIMITATIONS OF LIABILITY
33. INDEMNIFICATION AND RELEASE
34. USER DATA
35. ELECTRONIC COMMUNICATIONS , TRANSACTIONS, AND SIGNATURES

36. GENERAL
37. CEASE AND DESIST UNDERTAKINGS OF COURT ORDERS
38. CONTACT US

The words of which the initial letter is capitalised have meanings defined under the following Conditions. Clause and paragraph headings are for purposes of reference only and shall not be used in interpretation. Unless the context clearly indicates a contrary intention, any word connoting:

·Any gender includes the other genders;

·The singular includes the plural and vice versa; and

·Natural persons include juristic persons and vice versa.

DEFINITIONS:

For the purposes of this Terms of Use Policy:

• Account

  Means a unique Account created for You to access Our Service or parts of Our Service.

• Advert(s) or Ad(s)

  Means job Listings, product listings, Banners, and company presentations.

• Buyer

  Means any person purchasing a Listing on Our Site.

• Campaign

  Means paid Adverts or Banner Adverts.

• Cookies

  Means a small amount of data generated by a Website and saved by Your web browser. It is used to identify Your browser.

• Country or Countries

  Refers to Australia and New Zealand.

• Device

  Means any internet-connected device such as a phone, tablet, computer, or any other device that can be used to visit Our Service and use the services.

• IP address

  Every device connected to the Internet is assigned a number known as an Internet protocol (IP) address. These numbers are usually assigned in geographic blocks and can often be used to identify the location from which a device is connecting to the Internet.

• Item(s)

  Means goods that may be bought or sold through the Listing process.

• Listing

  Means a Listing on the Site through which You offer, negotiate, buy, sell, or Advertise any Item, property, Service, or Job.

• Marketplace

  Means the marketplace service provided by Us to buy and sell items.

• Membership

  Means Your subscription to or the creation of Your Account on Our Service.

• Personal Data

  Means any information that can be used to identify a natural and/or juristic person.

• Personal Information

  Means information according to applicable personal information laws which can be used to identify a person.

• Public Information

  Means any information, including personal information, You share with a public audience, including personal information You publish on Our Site. Public information is available to anyone on or off Our Services and can be seen or accessed through online search engines, APIs, and offline media.

• Seller

  Includes any person or business placing a Listing for the sale of an Item.

• Service

  Means the ProMed Market Website and Mobile Application.

• Site

  Means Our Website and Mobile Application.

• Specific Terms

  Means any other Terms, Conditions, or Policies which apply to Your use of Our Services and that are posted on Our Site or otherwise communicated to or agreed with You in writing.

• Terms

  Means these Terms of Use, Our Privacy Policy, and all Terms and Policies posted on Our Site.

• User Service(s)

  Means a trade or other Service that has been Advertised by a User in the services category on Our Site.

• User

  Means a registered User of ProMed Market.

• We, Us, or Our

  Means ProMed Market.

• Website

  Means the ProMed Market Website with URL [www.promedmarket.com] and mobile application.

• You or Your

  Means the individual accessing or using the Service and who is identifiable from the personal information.

To access and use our Site, you must comply with these Terms, along with all applicable laws. Interfering with the Site’s servers, networks, security features, or any other site functionalities is strictly prohibited. Our services are available to individuals who are at least 18 years old. To the extent permitted by law, you are responsible for all activities conducted through your account, and unauthorised reproduction, duplication, copying, or exploitation of any part of the Site is forbidden.

By using the Site, you represent and warrant that your registration information is accurate, and you have the legal capacity to agree to these Terms. You pledge not to use the Site for illegal purposes and agree not to access the Site through unauthorised means.

● The entirety of this Site, including but not limited to its codebase, databases, functionalities, software, design, audio, video, text, photographs, and graphics (referred to collectively as"content"), along with all trademarks, service marks, and logos ("Marks") found herein, are the exclusive properties of ProMed Market or are utilised under appropriate licences. Unauthorised reproduction, aggregation, publication, upload, posting, public display, encoding, translation, transmission, distribution, sale, licensing, or any other form of commercial use of any part of the Site or its Content, without the explicit written consent from us, is strictly prohibited under these Terms.

● Information regarding goods/products listed on the Site comes from third parties or other users. We are not liable for any inaccuracies or errors in this information, except as mandated by applicable laws, including the Australian and New Zealand Consumer Laws.

● Users who meet our eligibility criteria are granted a limited licence to access and utilise the Site and may download or print sections of the Content for personal, non-commercial purposes only. All rights not explicitly granted to you, including but not limited to the Site, its Content, and Marks, are reserved by us. Usage of our trademarks in any product or service without prior written approval from us is prohibited.

● If you believe that your intellectual property rights have been infringed upon by any content on the Site, or if you are acting on behalf of an owner of intellectual property rights, you can notify us at contact@promedmarket.com , subjecting your email as “Copyright Infringement.” Your notification should comprehensively detail the nature of the alleged infringement. This process is designed to protect against the infringement of copyright, trademark rights, or any other intellectual property rights by products offered on the Site.

You may not access or use the Site for any purpose other than that for which we make the Site available. The Site may not be used in connection with any commercial endeavours except those that are specifically endorsed or approved by us.

As a user of the Site, you agree not to:

● Upload or transmit (or attempt to upload or to transmit) any material that acts as a passive or active information collection or transmission mechanism, including without limitation, clear graphics interchange formats (“gifs”), 1×1 pixels, web bugs, cookies, or other similar devices (sometimes referred to as “spyware” or “passive collection mechanisms” or “pcms”);

● Transmit, or procure the sending of, any Advertising or promotional material, including any “junk mail”, “chain letter,” “spam,” or any other similar solicitation;

● For the purpose of exploiting, harming, or attempting to exploit or harm minors in any way by exposing them to inappropriate content or otherwise;

● Impersonate or attempt to impersonate company, a company employee, another User, or any other person or entity;

● Use in any way that infringes upon the rights of others, or in any way is illegal, threatening, fraudulent, or harmful, or in connection with any unlawful, illegal, fraudulent, or harmful purpose or activity, or is abusive, defamatory, pornographic, obscene, unconstitutional, or indecent material;

● Engage in any other conduct that restricts or inhibits anyone’s use or enjoyment of service, or which, as determined by us, may harm, or offend company or users of service or expose them to liability;

● Infringe any third-party right;

● Use the service in any manner that could disable, overburden, damage, or impair service or interfere with any other party’s use of service, including their ability to engage in real time activities through service;

● Violate any applicable posting rules;

● Be false or misleading or employ false or misleading advertising practices;

● Use any robot, spider, or other automatic device, process, or means to access service for any purpose, including monitoring or copying any of the material on service;

● Use any manual process to monitor or copy any of the material on service or for any other unauthorised purpose without our prior written consent;

● Use any device, software, or routine that interferes with the proper working of service;

● Introduce and/or distribute any viruses, trojan horses, worms, logic bombs, or other material which is malicious or technologically harmful to us or the interests or property of our users;

● Attempt to gain unauthorised access to, interfere with, damage, or disrupt any parts of service, the server on which service is stored, or any server, computer, or database connected to service;

● Attack service via a denial-of-service attack or a distributed denial-of-service attack;

● Take any action that may damage or falsify company rating;

● Otherwise attempt to interfere with the proper working of service;

● Post listings that do not show clear, truthful, verifiable, complete, and unambiguous information regarding Your contact details, the goods, price, delivery, and any additional charge;

● Copy, modify, or distribute any other person's content without their consent;

● Harvest or otherwise collect information about others, including email addresses, without their consent or otherwise violate the privacy of another person;

● Use the information available in our service to contact the users or the advertisers for any purpose other than for the use of the services;

● Manipulate prices; and

● Engage in top seller manipulation.

Additionally, you agree not to use our service outside of the service, including but not limited to promoting content outside of our Site.

You must keep postings relevant to the Dental Industry.

Additionally, you may not post:

● Blood, body parts and bodily fluids, or offers of humans for sale, including offers or requests for adoption or surrogacy;

● Counterfeit products, replicas, or knock-off brand name goods;

● Embargoed goods;

● Prostitution and escort services that offer sex, sexual favours, sexual actions, or sexual services in exchange for anything;

● Hazardous materials including but not limited to radioactive, toxic, and explosive materials;

● Identity documents, personal financial records, and personal information;

● Illegal drugs, controlled substances, substances, and items used to manufacture drugs and controlled substances, items designed only to help someone take drugs and drug paraphernalia;

● Illegal items and services, and items which encourage or facilitate illegal activity;

● Illegal telecommunication and electronics equipment such as access cards, password sniffers, radar scanners, traffic signal control devices or cable descrambler;

● Material, pictures, and images that are obscene, pornographic, adult in nature, contain nudity or are harmful to minors;

● Material that infringes copyright, including but not limited to software or other digital goods which You are not authorised to sell;

● New merchandise or services from network marketing companies, work-from-home, independent franchisees or distributors, or similar representatives;

● Personal information or mailing lists;

● Prescription or non-prescription drugs and devices, drugs that make false or misleading treatment claims, or treatment claims that require therapeutic goods administration approval;

● Offensive material;

● Recalled items, banned products or products that do not meet the mandatory product safety standards; and

● Stolen property.

It is your responsibility to ensure that your Advert does not contravene our posting rules contained in this General Terms of Use, Marketplace Terms of Use, Our Terms of Use in general, applicable laws, and any other policies and rules posted on our Service.

●

By engaging with our services, you acknowledge and agree to potentially receive newsletters, marketing materials, promotions, and other forms of communication from us. Should you decide at any time that you no longer wish to receive these communications, you have the option to unsubscribe. You may opt out of receiving any, or all, of these communications f rom us by following the unsubscribe link or by emailing ( marketing@promedmarket.com ) or managing your profile settings. Our interactions with you will be governed by our Privacy Policy, where you can find more detailed information regarding the handling of your personal data. We commit to including clear unsubscribe options in all of our marketing emails to ensure you can easily opt-out of future communications at any time.

Our platform primarily offers free access to its services. However, registration of an account is necessary for certain features. As a user, you are solely accountable for safeguarding your account and all activities conducted under it, regardless of whether the activities were authorised by you or undertaken through a third-party service.

Your responsibility includes, but is not limited to:

● Restricting access to your account;

● Keeping your password and username confidential;

● Do not permit any third party that is not an authorised user to access or use a username or password or the services

● All activity that happens on your account;

● Keeping your personal and account details up-to-date and accurate; and

● Notifying us immediately upon becoming aware of any breach of security or unauthorised access and use of your account.

To create an account, you must:

● be at least 18 years old and capable of forming binding contracts;

● complete the registration process and provide true, correct, and up-to-date information.

You may not use as a username the name of another person or entity or that is not lawfully available for use, a name or trademark that is subject to any rights of another person or entity other than you, without appropriate authorization. You may not use as a username any name that is offensive, vulgar, or obscene.

We reserve the right to remove, reclaim, or change a username you select if we determine, in our sole discretion, that such username is inappropriate, obscene, or otherwise objectionable. Should you not comply with this, your account may be immediately terminated.

Unless we give specific prior approval, your account is not transferable and can’t be sold, leased, lent, or traded.

We reserve the right to refuse service, terminate accounts, remove, or edit content, or cancel orders in our sole discretion.

We maintain an account for each User.

Our Site enables you to connect your account with third-party service providers ("Third-Party Accounts") by:

● Submitting your login information for a Third-Party Account via our Site; or

● Permitting us to access your Third-Party Account, as allowed under the terms governing those accounts.

You affirm that sharing your Third-Party Account details with us or allowing access does not violate the terms of use of any Third-Party Account and does not obligate us to any fees or restrictions imposed by third-party service providers.

Upon granting us access, be aware that:

● We may access and display content you've stored in your Third-Party Account ("Social Network Content") on our Site through your account.

● We might receive additional information from your Third-Party Account once connected.

Should your Third-Party Account become unavailable or if access is revoked by the third-party provider, the Social Network Content may no longer be accessible via our Site. You can disconnect your Third-Party Account from our Site at any time through your account settings or by contacting us. We'll aim to remove any data obtained from your Third-Party Account, except for the username and profile picture associated with your account.

Social Login Guidelines:

● Using the same email for social login as you did for our Site will link to your existing account.

● Logging in with a new email will create a new account.

● You may choose between social login or standard login each time. If you initially registered via social login and lack a password, request a reset.

● Be cautious using social login on public/shared devices and review the sign-in policies of your social network provider.

● By using social login, you consent to us accessing, using, and storing your information as per our Privacy Policy.

PLEASE NOTE THAT YOUR RELATIONSHIP WITH THE THIRD-PARTY SERVICE PROVIDERS ASSOCIATED WITH YOUR THIRD-PARTY ACCOUNTS IS GOVERNED SOLELY BY YOUR AGREEMENT(S) WITH SUCH THIRD-PARTY SERVICE PROVIDERS.

We make no effort to review any Social Network Content for any purpose, including but not limited to, for accuracy, legality, or non-infringement, and We are not responsible for any Social Network Content.

You acknowledge and agree that We may access Your personal information in Terms of Our Privacy Policy.

You can deactivate the connection between the Site and Your Third-Party Account by contacting Us using the contact information below or through Your Account settings (if applicable). We will attempt to delete any information stored on Our servers that was obtained through such Third-Party Account, except the Username and profile picture that become associated with Your Account.

Some parts of Service may be billed on a subscription basis ("Subscription(s)"). You will be billed in advance on a recurring and periodic basis ("Billing Cycle"). Billing cycles will be set depending on the type of subscription plan You select when purchasing a Subscription. Our fees are quoted in Australian or New zealand dollars.

At the end of each Billing Cycle, Your Subscription will automatically renew under the exact same Conditions unless You cancel it or We cancel it. You may cancel Your Subscription renewal either through Your online Account management page or by contacting Us.

A valid credit card is required to process the payment for Your subscription. You shall provide us with accurate and complete billing information that may include but not limited to full name, address, state, postal or zip code, telephone number, and a valid payment method information. By submitting such payment information, You automatically authorise us to charge all Subscription fees incurred through Your Account to any such payment instruments.

Should automatic billing fail to occur for any reason, we reserve the right to terminate Your access to the Service with immediate effect.

FEE CHANGES

We, in our sole discretion and at any time, may modify fees. Any Subscription fee change will become effective at the end of the then-current Billing Cycle.

We will provide You with a reasonable prior notice of any change in Subscription fees to give You an opportunity to terminate Your Subscription before such change becomes effective.

Your continued use of Service after Subscription fee change comes into effect constitutes Your agreement to pay the modified Subscription fee amount.

We may choose to temporarily change Our fees for promotional events or new services; these changes are effective when We announce the promotional event or new Service. When We offer these promos, the subscription fee discount Terms will apply along with any other Terms Advertised in connection with the special.

REFUNDS

As far as the law allows, payment of any Monthly Fees is not refundable and We will not refund or credit You for partially used monthly Subscription Periods. You are responsible for paying them when they're due. If You don't, We may limit Your ability to use the services. If Your payment method fails or Your Account is past due, We may collect fees owed using other permissible collection mechanisms.

Since ProMed Market is only a facilitator in introducing the Buyer to the Seller and providing a system to make safe payment, ProMed Market does not hold any liability to the Buyer directly and will not personally refund any payments made in the use of Services.

Notwithstanding the above clause, if a Buyer is unsatisfied with the services provided by the Seller or believes that they may be entitled to a refund, then ProMed Market requires the Buyer to contact the Seller directly to request a refund; and provide both the Request and the email from the Buyer requesting the refund to ProMed Market.

Both the Buyer and Seller agree that they will comply with the Refund Policy contained in this Clause of these Terms of Use.

Furthermore, ProMed Market does not offer refunds on payments made for advertising or promotional options, regardless of whether a user terminates or removes their advertisement early.

PAYMENTS

We use the Stripe payment gateway for financial transactions on our Services. You will pay for our Services using the Stripe payment gateway. You acknowledge and agree that by utilising any third-party services through our Services (such as Stripe), you are bound by the Terms and Conditions of that third party and we are not liable for any loss, claims or damage whatsoever arising in connection with that third party’s services.

If you to link your Stripe Account to your Account you appoint us as your limited agent to:

a. provide to Stripe your name, address, payment amount, item details, item category, and all other information required by Stripe to enable Stripe to process payments to or from your Stripe Account; and

b. receive payment confirmation and decline notices from Stripe in respect of your Stripe payment transactions.

When You link your Stripe Account to your Account, you accept our appointment as your limited agent to undertake those activities specified in the paragraph above. Our appointment as your agent to undertake these activities terminates immediately upon your Account ceasing to be linked to your Stripe Account.

If you have a dispute with Stripe, a Buyer, or a Seller, that does not arise directly as a result of an error by ProMed Market, in respect of any payment transacted (or failed to be transacted) on your Stripe Account, you release us and our affiliates (and our officers, directors, agents, subsidiaries, joint ventures and employees and those of our affiliates) from any and all claims demands and damages (actual and consequential) of every kind and nature, known or unknown, arising out of or in any way connected with such disputes.

ProMed Market is not able to access your complete financial details from Stripe or your Stripe Account. At no time does ProMed Market hold any of the funds when a Buyer pays a Seller using Stripe. Funds are transferred directly by Stripe from the Buyer’s Stripe Account to the Seller’s Stripe Account after the deduction by Stripe of any relevant Stripe fees. Stripe's Terms and Conditions apply to your use of Stripe when you access Stripe’s services from our Services, and you must agree to Stripe’s Terms and Conditions in order to use Stripe's services. You acknowledge and agree that, to the extent permitted by law, we are not liable to You for any loss or damage you incur arising from your use of the Stripe method, unless such loss or damage was as a direct result of ProMed Market’s error, in which case our liability is limited in accordance with the below clauses.

It's important to note that ProMed Market does not handle or store your financial details directly; this information is processed and stored by Stripe. Furthermore, ProMed Market does not offer refunds on payments made for advertising or promotional options, regardless of whether a user terminates or removes their advertisement early.

When you purchase advertising or promotional services on ProMed Market, you understand that these services are non-refundable. This includes instances where you choose to terminate or remove your advertisement before the end of its scheduled run. We strive to offer valuable advertising opportunities, but we encourage users to consider their promotional strategies carefully before making a purchase.

We may release vouchers that may be used on the Site. Vouchers are valid only for a specified period and only be redeemed in accordance with the Terms stated on them. You may use vouchers as payment for certain services on the Site. You are responsible for the use of the vouchers and we assume no liability for any loss.

The Site may invite you to chat, contribute to, or participate in blogs, message boards, online forums, and other functionality, and may provide You with the opportunity to create, submit, post, display, transmit, perform, publish, distribute, or broadcast content and materials to Us or on the Site, including but not limited to text, writings, video, audio, photographs, graphics, comments, suggestions, or personal information or other material (collectively, "Contributions").

Contributions may be viewable by other users of the Site and through third-party websites. As such, any Contributions you transmit may be treated as non-confidential and non-proprietary. When you create or make available any Contributions, you thereby represent and warrant that:

● the creation, distribution, transmission, public display, or performance, and the accessing, downloading, or copying of Your contributions do not and will not infringe the proprietary rights, including but not limited to the copyright, patent, trademark, trade secret, or moral rights of any third party.

● You are the creator and owner of or have the necessary licences, rights, consents, releases, and permissions to use and to authorise us, the site, and other users of the site to use your contributions in any manner contemplated by the Site and these terms.

● You have the written consent, release, and/or permission of each and every identifiable individual person in your contributions to use the name or likeness of each and every such identifiable individual person to enable inclusion and use of Your contributions in any manner contemplated by the site and these terms.

● Your contributions are not false, inaccurate, or misleading.

● Your contributions are not unsolicited or unauthorised advertising, promotional materials, pyramid schemes, chain letters, spam, mass mailings, or other forms of solicitation.

● Your contributions are not obscene, lewd, lascivious, filthy, violent, harassing, libellous, slanderous, or otherwise objectionable (as determined by us).

● Your contributions do not ridicule, mock, disparage, intimidate, or abuse anyone.

● Your contributions do not advocate the violent overthrow of any government or incite, encourage, or threaten physical harm against another.

● Your contributions do not violate any applicable law, regulation, or rule.

● Your contributions do not violate the Privacy or publicity rights of any third party.

● Your contributions do not contain any material that solicits personal information from anyone under the age of 18 or exploits people under the age of 18 in a sexual or violent manner.

● Your contributions do not violate any federal or state law concerning child pornography, or otherwise intended to protect the health or well-being of minors;

● Your contributions do not include any offensive comments that are connected to race, national origin, gender, sexual preference, or physical handicap.

● Your contributions do not otherwise violate, or link to material that violates, any provision of these Terms of Use, or any applicable law or regulation.

Any use of the Site in violation of the foregoing violates these Terms and may result in, among other things, termination, or suspension of your rights to use the Site.

You own all rights in respect of your contributions and you are solely liable for your contributions, you will not seek to hold us liable for any demands by a third party related to our use of your contributions. Except to the extent prohibited by law, you hereby grant ProMed Market a worldwide, ro yalty- free, perpetual, non-exclusive licence to use the materials you submit within the services and related marketing and ProMed Market internal purposes. We may monitor, modify or remove your contributions.

We may provide you areas on the Site to leave reviews or ratings to facilitate trading between our users. When posting a review, you must comply with the following criteria:

● You should have first-hand experience with the person/entity being reviewed;

● Your reviews should not contain offensive profanity, or abusive, racist, offensive, or hate language;

● Your reviews should not contain discriminatory references based on religion, race, gender, national origin, age, marital status, sexual orientation, or disability;

● Your reviews should not contain references to illegal activity;

● You should not be affiliated with competitors if posting negative reviews;

● You should not make any conclusions as to the legality of conduct;

● You may not post any false or misleading statements;

● You may not organise a campaign encouraging others to post reviews, whether positive or negative;

● Any feedback should relate to the specific transaction and not any other transaction.

We may accept, reject, or remove reviews at our sole discretion. We have absolutely no obligation to screen reviews or to delete reviews, even if anyone considers reviews objectionable or inaccurate. Reviews are not endorsed by us, and do not necessarily represent our opinions or the views of any of our affiliates or partners.

We do not assume liability for any review or for any claims, liabilities, or losses resulting from any review. By posting a review, you hereby grant to us a perpetual, non-exclusive, worldwide, royalty-free, fully-paid, assignable, and sublicensable right and licence to reproduce, modify, translate, transmit by any means, display, perform, and/or distribute all content relating to reviews.

You may provide us either directly at ( contact@promedmarket.com) or via third party Sites and tools with information and feedback concerning errors, suggestions for improvements, ideas, problems, complaints, and other matters related to our Service (“Feedback”).

You acknowledge and agree that:

● You shall not retain, acquire, or assert any intellectual property right or other right, title or interest in or to the Feedback;

● Submissions provided by you to us shall become our sole property. We shall own exclusive rights, including all intellectual property rights, and shall be entitled to the unrestricted use and dissemination of these Submissions for any lawful purpose, commercial or otherwise, without acknowledgment or compensation to You;

● We may have development ideas similar to the Feedback;

● Feedback does not contain confidential information or proprietary information from you or any third party; and

● We are not under any obligation of confidentiality with respect to the Feedback.

You hereby warrant that any such Submissions are original with you or that you have the right to submit such Submissions. You agree there shall be no recourse against us for any alleged or actual infringement or misappropriation of any proprietary right in your Submissions.

The Site may contain (or you may be sent via the Site) links to other Websites ("Third-Party Websites") as well as articles, photographs, text, graphics, pictures, designs, music, sound, video, information, applications, software, and other content or items belonging to or originating from third parties ("Third-Party Content").

We may use third-party Service Providers to monitor and analyse the use of our Service.

Such Third-Party Websites and Third-Party Content are not investigated, monitored, or checked for accuracy, appropriateness, or completeness by us, and We are not responsible for any Third-Party Websites accessed through the Site or any Third-Party Content posted on, available through, or installed from the Site, including the content, accuracy, offensiveness, opinions, reliability, Privacy practices, or other Policies of or contained in the Third-Party Websites or the Third-Party Content.

Inclusion of, linking to, or permitting the use or installation of any Third-Party Websites or any Third-Party Content does not imply approval or endorsement thereof by us. If you decide to leave the Site and access the Third-Party Websites or to use or install any Third-Party Content, you do so at your own risk, and you should be aware these Terms of Use no longer govern.

You should review the applicable Terms and Policies, including Privacy and data gathering practices, of any Website to which you navigate from the Site or relating to any applications you use or install from the Site. Any purchases you make through Third-Party Websites will be through other Websites and from other companies, and we take no responsibility whatsoever in relation to such purchases which are exclusively between you and the applicable third party.

You agree and acknowledge that we do not endorse the products or services offered on Third-Party Websites and you shall hold us harmless from any harm caused by your purchase of such products or services. Additionally, you shall hold us harmless from any losses sustained by you or harm caused to You relating to or resulting in any way from any Third-Party Content or any contact with Third-Party Websites.

REMOVAL OF ADS

Your Ad may be removed, placed on hold, or have minor changes added to it for reasons including, but not limited to:

● Ad breaches Posting Policies or any other Policy;

● Breaching the law;

● The item being offered for sale is not allowed to be sold;

● Including information in Your Ad which We believe is designed to manipulate search, including keyword stuffing, and adding tags to Your Ad;

● The Ad is a duplicate of another Ad previously posted;

● Posting under wrong category;

● Ads posted in a language other than English. We only accept Ads in English. You can include a translation of Your Ad in another language in addition to English;

● Ads posted from behind a VPN;

● Ad contains external links;

● Not descriptive enough;

● Inappropriate language;

● Inappropriate photo / image;

● Discriminatory on race / religion / nationality / gender / etc;

● Ads that report other fraudulent Ads;

● Ads that are intended to profit off natural disasters, health or public safety concerns, or tragic events;

● Ads that report / rant about potentially fraudulent or inappropriate Ads, or Policy violations;

● Removal of personal information from an Ad;

● Duplicate Accounts;

● Offering more than a single item within the Ad;

● Not entering Your contact details through the means provided by the Site;

● Entering information in incorrect fields, or not completing all the fields;

● Not providing images of the goods at the time of Listing when expressly requested to do so;

● Images which are unsuitable for the purpose;

● Images that are used to emulate features offered by Us;

● Editing purposes;

● Inappropriate language; and

● Inappropriate photos / images.

We reserve the right to remove any Ad that we feel is not relevant, or of value to the service community, with or without notice to the Ad poster. There are several ways that your Ad may be found to be in breach of Policy and removed from the Site including:

● Your Ad has been reported to us.

● Your Ad has been removed by our moderation team and/or tools.

If this occurs, the Ad may be suspended temporarily (factor dependent) until reviewed; we check reported Ads as quickly as we can. Provided that your Ad hasn't breached any General Posting Rules and Policies, it should be back up again shortly. Ads reported to us, identified internally as inappropriate, or found to be in breach of Our General Posting Rules in this Terms of Use or other Policies, will be removed from the Site. In most cases we email to confirm that your Ad has been removed and if possible, provide you with an opportunity to resubmit.

ADVERTISERS

We allow Advertisers to display their Advertisements and other information in certain areas of the Site, such as sidebar Advertisements or Banner Advertisements. If you are an Advertiser, you shall take full responsibility for any Advertisements you place on the Site and any services provided on the Site or products sold through those Advertisements.

Further, as an Advertiser, you warrant and represent that you possess all rights and authority to place Advertisements on the Site, including, but not limited to, intellectual property rights, publicity rights, and contractual rights.

Advertisers are solely responsible for all information that is submitted to us and any consequences that may result from Your post. We reserve the right at our discretion to refuse or delete content that We believe is inappropriate or that breaches our Terms of Use. We also reserve the right at our discretion to restrict usage of the Site either temporarily or permanently or refuse a user registration.

AD CAMPAIGNS

Your campaign order will go live the moment you submit the campaign details, banner assets and your payment has been made.

Once you have successfully booked a campaign, you may check its status of your campaign in your Advertising Portal by clicking, check the status tab. Select the campaign that you would like to view and it will display all the important details about the Ad campaign.

Once Adverts go live, they cannot be edited, this includes the change of location or pausing the Advert.

Prices for Adverts are dependent on multiple factors and can be viewed on your dashboard.

If you want to Extend Your Ad, you must book a new campaign for the same Advert at least 48 hours prior to the expiration of Your campaign. The extended campaign location will still be dependent on the availability of the slot.

Our Ad listing campaigns have a 60-day duration. Banner Ad campaigns have 7, 14, 30, 90, 180 and 360 days duration options. While we strive to deliver impressions in an evenly distributed manner, fluctuations in traffic to the category and location you have targeted can cause an Ad to serve at a slower rate.

If you noticed your Ad campaign has stopped serving impressions completely, please contact us by emailing: contact@promedmarket.com.

LISTING

The following apply:

● Your Advertised prices must include AUD or NZD.

● All Listings must be accurate, current, complete and include all relevant information and the key Terms.

● Your Listing must comply with all laws.

● Keyword spamming to manipulate search results is not allowed.

● Use our Service as intended.

● Compliance with our Policies.

● Respond to our reasonable requests.

● Ensure you are stocked with relevant goods.

● We may cap your number of Listings or suspend Sellers to help achieve this.

PHOTOS

All photos must be large and clear, clearly showing the product and any product flaws, show the item being sold, accurately represent the product for sale, be free of watermarks, logos, artwork, photo borders or text to convey messages or contact details, and only contain what is being sold unless items are used to show certain details.

Stock images may be used with the rights holder’s express permission for brand new products and "as new"refurbished products, if the product has no visible flaws or defects and the image accurately reflects the product's quality.

Non-compliance may result in:

● Immediate removal of offending photos/videos

● Adjustment of Listings in search results until Listings are acceptable.

To ensure a diverse and dynamic marketplace, duplicate ads are prohibited. This includes posting the same ad under different categories or locations. Each ad must be unique and accurately represent the item or service being offered, located at your actual physical location.

ProMed Market DOES NOT facilitate the transaction between buyer and seller and DOES NOT act as a participant in the sale and we DO NOT process payments between buyers and sellers. Sellers are responsible for processing refunds to the buyers as agreed between both parties.

Refunds :Given that ProMed Market serves as a platform to connect buyers and sellers, direct liability for refunds does not fall within our purview. Buyers seeking refunds for unsatisfactory services must contact the seller directly .

Return Shipping :The responsibility for return shipping costs lies between buyer and seller, should a dispute arise necessitating the return of an item. Items must be returned in substantially the same condition, barring undisclosed defects.

Payments for other services used on the Site such as banner advertising purchasing promotion features will be done via Stripe payment gateway using payment via credit card.

We provide a system for buyers and sellers to leave feedback following transactions. This feedback system is designed to enhance trust and transparency within the marketplace. We reserve the right to remove feedback that violates our guidelines or terms of use.

Pre-Sale Listings: Sellers offering pre-sale items must clearly indicate this status in their ads, providing evidence of the pre-order such as an official receipt or order confirmation, while ensuring personal information is not disclosed publicly.

Medical Device Compliance: Items listed on ProMed Market that may be classified as "medical devices" under Australian or New Zealand law are subject to regulatory oversight:

In Australia, devices are regulated by the Therapeutic Goods Administration (TGA) and may need to be included in the Australian Register of Therapeutic Goods (ARTG) to be legally supplied.
In New Zealand, devices must comply with Medsafe regulations under the Medicines Act and associated guidelines for lawful supply.

It is the sole responsibility of the seller to ensure that any listed item complies with the relevant regulatory requirements in their country.

Buyers are strongly encouraged to confirm that any medical device:

• Has been previously included on the ARTG or meets Medsafe requirements
• Is in safe, working condition
• Is suitable for reuse in a clinical environment

ProMed Market does not verify regulatory compliance and accepts no liability for the use, condition, or legality of any item listed on the platform.

ProMed Market is a classifieds platform and only provides a space for users to list and discover used dental equipment and consumables. ProMed Market is NOT involved in the sale, negotiation, payment, or delivery of any item listed on the platform. All transactions, communications, and agreements are solely between the buyer and seller. ProMed Market does not guarantee the accuracy of listings, the condition of items, or the legitimacy of users. Users are strongly advised to conduct due diligence before proceeding with any transactions. Our platform hosts a wide range of items for sale, each subject to our general terms of use and specific marketplace policies. Sellers must ensure their listings comply with these policies, providing accurate and complete descriptions of their items.

Both buyers and sellers are expected to engage with the ProMed Market community respectfully, honestly, and in good faith. This includes adherence to all applicable laws and marketplace policies, as well as engaging in fair and transparent transactions.

Sellers are required to accurately describe their items, ship promptly, and handle disputes courteously.

Buyers are expected to communicate clearly and pay for items in a timely manner.

Professional Traders must disclose their status and ensure their items meet all legal standards for quality and safety.

● Formats and Ordering: Banner ads must meet our specified technical requirements and adhere to our advertising guidelines. Orders for banner ads go live upon submission and payment, subject to our approval process.

● Live Ads and Campaign Management :Advertisers can track the status of their ads through their account dashboard. Extending ad campaigns or addressing underserving/ stopped ads must comply with our guidelines.

We reserve the right, but not the obligation, to:

● Monitor the Site for violations of these Terms of Use;

● Take appropriate legal action against anyone who, in Our sole discretion, violates the law or these Terms of Use, including without limitation, reporting such User to law enforcement authorities;

● In Our sole discretion and without limitation, refuse, restrict access to, limit the availability of, or disable (to the extent technologically feasible) any of Your Contributions or any portion thereof;

● In Our sole discretion and without limitation, notice, or liability, to remove from the Site or otherwise disable all files and content that are excessive in size or are in any way burdensome to Our systems;

● Otherwise manage the Site in a manner designed to protect Our rights and property and to facilitate the proper functioning of the Site.

We respect the intellectual property rights of others. If you believe that any material available on or through the Site infringes upon any copyright you own or control, please immediately notify us. We may suspend accounts of users who infringes intellectual property rights of third parties at our reasonable discretion.

If we terminate or suspend or ban your Account for any reason, you are prohibited from registering and creating a new account under your name, a fake or borrowed name, or the name of any third party, even if you may be acting on behalf of the third party.

In addition to terminating , suspending or banning Your Account, we reserve the right to take appropriate legal action, including without limitation pursuing civil, criminal, and injunctive redress.

If you provide any information that is untrue, inaccurate, not current, or incomplete, we have the right to suspend or terminate your Account and refuse any and all current or future use of the Site (or any portion thereof).

You are solely responsible for all the information you provide to us and submit to our Service and the consequences which may result from your information.

We also reserve the right to restrict a user’s usage, whether permanent or temporarily, of the Service or refuse a user’s registration at our sole discretion.

Your Service will be cancelled immediately, including but not limited to:

● Should there be unauthorised use of Your Account or registration information

● If You expressly or impliedly impersonate another User or use the profile of another User.

● Using the Services for any illegal and/or unauthorised use contained in this Terms of Use, any other Policies and/or applicable laws.

If you want to terminate your Account, you may do so by providing ProMed Market with 30 days' notice of Your intention to terminate by sending notice of Your intention to terminate to ProMed Market via the 'Contact Us' link on Our homepage or email contact@promedmarket.com

ProMed Market may at any time, terminate the Terms with you if:

● You have breached any provision of the Terms or intend to breach any provision;

● ProMed Market is required to do so by law:

● ProMed Market is transitioning to no longer providing the Services to Users in the country in which You are resident or from which You use the Service;

● The provision of the Services to You by ProMed Market is, in the opinion of ProMed Market, no longer commercially viable.

● If Your conduct impacts ProMed Market Market’s name or reputation or violates the rights of those of another party.

When the terms come to an end, all of the legal rights, obligations, and liabilities that You and ProMed Market have benefitted from, been subject to (or which have accrued over time whilst the terms have been in force, or which are expressed to continue indefinitely, shall be unaffected by this cessation, and the provisions of this clause shall continue to apply to such rights, obligations, and liabilities indefinitely.

We reserve the right to change, revise, update, suspend, discontinue, or otherwise modify the Site at any time or for any reason without notice to you. You agree that we have no liability whatsoever for any loss, damage, or inconvenience caused by your inability to access or use the Site during any downtime or discontinuance of the Site.

We will not be liable to You or any third party for any modification, price change, suspension, or discontinuance of the Site.

We cannot guarantee the Site will be available at all times. We may experience hardware, software, or other problems or need to perform maintenance related to the Site, resulting in interruptions, delays, or errors.

Nothing in these Terms of Use will be construed to obligate Us to maintain and support the Site or to supply any corrections, updates, or releases in connection therewith.

In the event of any dispute under these Terms, the parties agree to resolve the dispute in good faith. If a dispute arises between you and ProMed, you should contact us via contact@promedmarket.com to seek a resolution. We advocate for the use of alternative dispute resolution mechanisms, including mediation and arbitration, to settle disputes.

For conflicts involving other users, ProMed Market facilitates a communication platform aimed at fostering resolutions. By engaging with our platform, you absolve ProMed Market, including our directors, officers, employees, agents, and affiliates, of liability from claims, demands, and damages in any form related to such disputes.

GOVERNING LAW AND JURISDICTION

These Terms are governed by and construed in accordance with the laws of New South Wales, Australia.

ProMed Market operates in both Australia and New Zealand. Where required, compliance with applicable New Zealand laws (including Medsafe regulations) is the responsibility of the relevant party.

All parties agree to submit to the exclusive jurisdiction of the courts of New South Wales, Australia, for the resolution of any disputes arising under these Terms.

There may be information on the Site that contains typographical errors, inaccuracies, or omissions, including descriptions, pricing, availability, and various other information. We reserve the right to correct any errors, inaccuracies, or omissions and to change or update the information on the Site at any time, without prior notice.

Our Service is only a platform and we take no part in the transactions and contact between users. Any contract of sale made through our Service is directly between you and other user/users. You agree that you are doing this at your own risk. We also do not control listings, Products, and Services. We are not Liable for any conduct by a User. We do not endorse or recommend any Product or Service posted by a user.

You understand and agree that to the extent permitted by law, we are not liable for any direct, indirect, incidental, special, consequential or exemplary damages, including but not limited to, damages for loss of profits, goodwill, use, data or other losses arising out of or relating to the use of service or these Terms.

We do not warrant the quality of any products, services, information, or other materials purchased by the users through our service.

ProMed Market serves as a platform for users to buy, sell, and advertise products or services. We do not involve ourselves in the transactions between buyers and sellers and are not responsible for the quality, safety, or legality of the items advertised or sold through our platform. The transaction and communication are solely between the buyer and seller, and we encourage users to perform due diligence prior to engaging in any transaction.

You agree to defend, indemnify, and hold harmless ProMed Market, including our subsidiaries, affiliates, and all respective officers, directors, agents, partners, and employees (each an “Indemnified Party”), from and against any loss, damage, liability, claim, or demand (including reasonable legal fees and costs), arising out of or relating to:

• Your use of the Site or Services
• Your Contributions or posted content
• Any breach of these Terms
• Any violation of applicable laws or third-party rights (including intellectual property)
• Any harmful or unlawful act committed by you toward another user
• Your failure to complete a transaction or sale prohibited by our policies

We reserve the right, at our own expense, to assume the exclusive defence and control of any matter for which you are required to indemnify us. You agree to cooperate (at your expense) with our defence of such claims. We will make reasonable efforts to notify you of any claim, action, or proceeding upon becoming aware of it.

We will maintain certain data that you transmit to the Site for the purpose of managing the performance of the Site, as well as data relating to your use of the Site. Although we perform regular routine backups of data, you are solely responsible for all data that you transmit or that relates to any activity you have undertaken using the Site. You agree that we shall have no liability to you for any loss or corruption of any such data, and You hereby waive any right of action against us arising from any such loss or corruption of such data.

ProMed Market respects the privacy of its users. Please be aware that user data, including personal and transactional information, is stored on servers hosted by Hostinger in Asia. Our commitment to your privacy is outlined in our Privacy Policy, which explains how we collect, use, and protect your information. By agreeing to these Terms of Use, you consent to the processing and storage of your data in accordance with our Privacy Policy and acknowledge the geographical location of our data hosting.

Visiting the Site, sending us emails, sending and receiving text messages and completing online forms constitute electronic communications. You consent to receive electronic communications, and you agree that all agreements, notices, disclosures, and other communications we provide to you electronically, via email and on the Site, satisfy any legal requirement that such communication be in writing.

ENTIRE AGREEMENT :These Terms contain all the terms agreed between you and us. You are not allowed to assign, delegate or otherwise deal with all or any of your rights or obligations under these Terms. We shall have the right to assign or delegate any or all of our rights or obligations under these Terms to any person.

FORCE MAJEURE :We shall not be liable for any breach of our obligations under these Terms where we are hindered or prevented from carrying out our obligations by any cause beyond our reasonable control, including but not limited to events such as fire, flood, severe weather conditions, strike, lock-out, act of God, war, riot, civil commotion, malicious damage (or by any damage caused by any of such events).

NOTICES :Unless otherwise stated within these Terms, notices to be given to either party shall be in writing and shall be delivered by email to us or to us at our registered office.

SEVERABILITY :If any provision of these Terms is held to be unlawful, invalid or unenforceable, that provisions shall be deemed severed, the remaining provisions of these Terms shall remain enforceable.

If the Customer has received a cease-and-desist letter due to a product published on ProMed Market, gave an undertaking to cease and desist from certain Advertisement (or content) or if a respective court order, judgement or any other court decision has been served, the Customer is required to inform ProMed Market immediately in writing about this. If the Customer fails to inform ProMed Market, ProMed Market shall not be liable. The Customer shall then be required to indemnify ProMed Market on first demand against claims of third parties and shall hold ProMed Market harmless from any eventual damages.

In order to resolve a complaint regarding the Site or to receive further information regarding use of the Site, please contact Us at: contact@promedmarket.com