The Parts Store — Terms of Use
Effective date: [Insert Date]
Website: thepartstore.com.au

Platform operator: [Insert Legal Entity Name] trading as The Parts Store
Jurisdiction: Australia

1. Introduction
Welcome to The Parts Store, an online marketplace for civil construction, industrial, machinery, OEM, used, unused, surplus, and related parts.
These Terms of Use govern your access to and use of The Parts Store website, marketplace, services, messaging tools, payment features, listing tools, review system, and any related services we provide.
By creating an account, browsing the marketplace, listing a part, buying a part, sending a message, making a payment, or otherwise using The Parts Store, you agree to be bound by these Terms.
If you do not agree with these Terms, you must not use the platform.

2. Key Definitions
In these Terms:
“The Parts Store”, “we”, “us”, or “our” means [Insert Legal Entity Name] trading as The Parts Store.
“Platform” means the website, marketplace, software, tools, features, content, and services provided by The Parts Store.
“User”, “you”, or “your” means any person or business accessing or using the Platform.
“Buyer” means a User who searches for, enquires about, negotiates for, or purchases parts through the Platform.
“Seller” means a User who creates an account to list, offer, advertise, sell, or supply parts through the Platform.
“Listing” means any product, part, component, attachment, machinery item, accessory, service, information, image, description, price, availability, or related content posted by a Seller.
“Parts” means civil construction, earthmoving, heavy equipment, industrial, OEM, aftermarket, used, unused, surplus, refurbished, reconditioned, or related machinery parts listed on the Platform.
“Transaction” means any enquiry, negotiation, payment, sale, purchase, delivery, collection, or exchange between a Buyer and Seller.
“Content” means all text, photos, videos, logos, data, listings, descriptions, messages, reviews, and other material uploaded, submitted, displayed, or shared through the Platform.

3. Marketplace Role
The Parts Store provides a marketplace that allows Buyers and Sellers to connect, communicate, list parts, search for parts, arrange transactions, and complete marketplace activity.
Unless expressly stated otherwise:
The Parts Store is not the owner, seller, manufacturer, supplier, distributor, repairer, installer, or importer of the Parts listed by Sellers.
The Parts Store does not take possession of the Parts listed on the Platform.
The Parts Store is not a party to any sale agreement between a Buyer and Seller.
The Parts Store does not guarantee the accuracy, condition, quality, compatibility, legality, availability, safety, performance, or fitness for purpose of any Part listed by a Seller.
The contract for the purchase and sale of Parts is formed directly between the Buyer and Seller.

4. Account Registration
To access certain features of the Platform, including listing Parts, messaging Users, purchasing Parts, leaving reviews, or using payment features, you may need to create an account.
You agree to provide accurate, complete, and current information when creating your account.
You are responsible for keeping your login details secure.
You must not allow another person to use your account without permission.
You are responsible for all activity that occurs under your account.
We may refuse, suspend, restrict, or terminate an account if we reasonably believe the account is inaccurate, fraudulent, misleading, inactive, misused, or in breach of these Terms.

5. Buyer and Seller Accounts
Users may register as Buyers, Sellers, or both.
We may require Sellers to provide business information, contact details, ABN or ACN details, identity information, payment details, business address, pickup location, or other verification information.
We may approve, reject, suspend, restrict, or remove Seller access at our discretion where we reasonably consider it necessary to protect the Platform, other Users, or our business.
Seller approval does not mean we endorse, verify, guarantee, or accept responsibility for the Seller or any Parts listed by that Seller.

6. Eligibility
By using The Parts Store, you confirm that:
You are at least 18 years old.
You have legal capacity to enter into these Terms.
If you are using the Platform on behalf of a business, you have authority to bind that business.
You will use the Platform only for lawful purposes.
You will comply with all applicable laws, regulations, safety obligations, import/export rules, consumer laws, workplace laws, tax requirements, and industry standards.

7. Seller Responsibilities
Sellers are solely responsible for all Listings they publish on the Platform.
As a Seller, you agree that each Listing must be accurate, complete, current, and not misleading.
You must clearly describe the Part, including where relevant:
part name;
part number;
brand or manufacturer;
machine compatibility;
model compatibility;
condition;
age;
usage history, if known;
whether the part is new, used, unused, surplus, refurbished, damaged, rebuilt, reconditioned, or sold as-is;
known defects;
missing components;
warranty status;
pickup location;
shipping availability;
price;
GST status;
and any other important information a Buyer would reasonably need before purchasing.
You must not list Parts that:
you do not own or are not authorised to sell;
are stolen, counterfeit, illegally imported, encumbered, subject to finance, or subject to a third-party claim;
infringe intellectual property rights;
are unsafe, recalled, prohibited, restricted, or unlawful to sell;
are materially different from the description provided;
include false OEM claims;
include misleading brand, model, or compatibility information;
or breach these Terms.
You are responsible for ensuring that all Parts comply with applicable laws, safety requirements, product standards, and industry requirements.

8. Buyer Responsibilities
Buyers are responsible for making their own enquiries before purchasing any Part.
As a Buyer, you agree to:
read the full Listing carefully;
check part numbers and compatibility;
confirm condition, dimensions, freight requirements, fitment, and application;
ask the Seller questions before purchasing;
review photos and descriptions;
confirm GST, tax invoice, warranty, return, and delivery arrangements;
and make an informed purchasing decision.
The Parts Store does not guarantee that a listed Part will be suitable for your machine, project, application, site, fleet, or intended purpose.
Where part compatibility is important, Buyers should confirm suitability with the Seller, manufacturer, mechanic, technician, fitter, engineer, or suitably qualified professional before purchasing or installing the Part.

9. Listings and Marketplace Content
We may review, edit, moderate, reject, remove, hide, or restrict Listings or Content at any time where we reasonably consider it necessary.
We are not required to pre-screen every Listing.
A Listing appearing on the Platform does not mean that we endorse, approve, verify, warrant, or guarantee the Listing, Seller, Part, price, condition, availability, or description.
We may remove Listings that are incomplete, misleading, duplicate, low quality, unlawful, unsafe, suspicious, or inconsistent with the purpose of the Platform.

10. Photos and Listing Images
Sellers must upload photos that accurately show the Part being sold.
Photos must not misrepresent the Part, its condition, its location, its brand, its model, its quality, or its availability.
Sellers must not upload photos copied from another website, manufacturer, supplier, marketplace, or third party unless they have permission to use those images.
By uploading photos or other Content, you confirm that you own or have permission to use that Content and that our use of that Content on the Platform will not infringe the rights of any person.

11. Prices, Fees and GST
Sellers are responsible for setting their own prices unless otherwise agreed with The Parts Store.
Prices should clearly state whether GST is included or excluded.
Sellers are responsible for determining, collecting, reporting, and remitting any GST, taxes, duties, levies, or other charges that apply to their sales.
The Parts Store may charge subscription fees, listing fees, success fees, transaction fees, payment processing fees, promotional fees, or other marketplace fees.
Any applicable fees will be displayed or communicated through the Platform, in a fee schedule, or in a separate agreement.
We may change our fees from time to time by updating the Platform or notifying Users where required.

12. Payments
Where payment functionality is available through the Platform, Buyers may be able to pay Sellers using our approved payment system.
Payments may be processed by third-party payment providers. By using the payment features, you agree to comply with the terms and conditions of the relevant payment provider.
The Parts Store may facilitate payment processing, but unless expressly stated otherwise, we are not a bank, credit provider, escrow provider, trustee, financial adviser, or payment guarantee provider.
Funds may be held, released, refunded, delayed, reversed, or withheld in accordance with our payment process, the payment provider’s rules, risk controls, fraud prevention requirements, dispute handling procedures, or applicable law.
We may refuse or cancel a payment where we reasonably suspect fraud, misuse, unlawful activity, a breach of these Terms, or a risk to Users or the Platform.

13. Secure Payment and Payment Protection
The Parts Store may provide secure payment tools designed to help Buyers and Sellers transact with greater confidence.
Any reference to secure payment, protected payment, payment protection, guaranteed payment, or similar wording is subject to these Terms, the transaction process, payment provider requirements, and any specific payment protection policy published by us.
Payment protection does not cover every situation.
Unless we expressly state otherwise in a written policy, payment protection does not guarantee:
that a Part will fit your machine;
that a Seller’s description is accurate;
that a Buyer or Seller will perform their obligations;
that a Part is free from defects;
that freight will occur on time;
that a Seller will accept a return;
or that a User will be compensated for all losses.
We may require evidence before making any decision about a payment dispute, refund, release, reversal, or claim.

14. Messaging and Communication
Users may communicate through the Platform’s messaging system.
Users must use messaging in a professional and lawful manner.
You must not use messaging to:
send spam;
harass, abuse, threaten, or intimidate another User;
send false or misleading information;
share unlawful content;
circumvent platform fees;
move a transaction off-platform where doing so is designed to avoid fees or protections;
collect personal information for unrelated purposes;
or engage in fraud, phishing, scams, or deceptive conduct.
We may monitor, review, moderate, access, or retain marketplace messages for safety, dispute resolution, compliance, fraud prevention, customer support, and platform improvement purposes, subject to our Privacy Policy.

15. Off-Platform Transactions
The Parts Store is designed to help Buyers and Sellers connect and transact through the Platform.
Users must not use the Platform to avoid applicable fees, bypass payment protections, redirect transactions away from the Platform, or manipulate the marketplace.
If a Buyer and Seller choose to complete a transaction outside the Platform, they do so at their own risk.
The Parts Store is not responsible for off-platform payments, cash arrangements, private delivery agreements, external invoices, external warranties, external disputes, fraud, non-payment, non-delivery, or any loss arising from an off-platform transaction.

16. Delivery, Freight and Collection
Unless expressly arranged through a specific Platform feature, Buyers and Sellers are responsible for agreeing on delivery, freight, pickup, loading, insurance, packaging, handling, timing, risk, and cost.
Sellers must clearly communicate whether a Part is available for pickup, delivery, freight, or third-party transport.
Buyers are responsible for ensuring they have suitable transport, lifting equipment, loading arrangements, site access, delivery details, and unloading capability.
Risk in the Part passes in accordance with the agreement between Buyer and Seller.
If the Buyer and Seller do not agree otherwise, risk generally passes when the Part is collected by the Buyer, the Buyer’s agent, or a freight provider arranged by the Buyer.
The Parts Store is not liable for freight damage, delay, loss, incorrect address details, failed collection, failed delivery, loading issues, transport costs, or site access issues unless caused by our own negligence or misconduct.

17. Returns, Refunds and Cancellations
Returns, refunds, cancellations, and exchanges are primarily matters between the Buyer and Seller, subject to Australian Consumer Law and any applicable Seller policy.
Sellers must not make false or misleading statements about consumer rights.
Nothing in these Terms excludes, restricts, or modifies any rights, guarantees, warranties, or remedies that cannot be excluded under Australian Consumer Law.
Buyers should check the Seller’s return and warranty position before purchasing.
Used, surplus, refurbished, reconditioned, damaged, obsolete, or as-is Parts may have limited warranties or no seller warranty, subject to applicable law.
The Parts Store may assist with dispute resolution but is not required to determine every dispute or force a refund unless required by law or our published policies.

18. Australian Consumer Law
Nothing in these Terms is intended to exclude, restrict, or modify any consumer guarantees, rights, or remedies under the Australian Consumer Law that cannot lawfully be excluded, restricted, or modified.
Where you acquire goods or services as a consumer under the Australian Consumer Law, you may have rights relating to acceptable quality, fitness for purpose, matching description, repairs, replacements, refunds, and other remedies.
Where permitted by law, our liability is limited to the maximum extent allowed.
Sellers are responsible for complying with Australian Consumer Law in relation to the Parts they sell, including descriptions, representations, warranties, refunds, and remedies.

19. Condition of Used, Surplus and Industrial Parts
The Parts Store may include Listings for used, unused, surplus, obsolete, dismantled, damaged, refurbished, reconditioned, or second-hand Parts.
Buyers acknowledge that these Parts may show wear, age, corrosion, fatigue, use, previous repair, incomplete history, cosmetic damage, missing accessories, or operational limitations.
Sellers must disclose known defects or limitations.
Buyers should not assume that a used or surplus Part is suitable for installation without inspection, testing, servicing, certification, or professional advice.
The Parts Store is not responsible for the installation, testing, certification, engineering approval, performance, safety, or use of any Part purchased through the Platform.

20. Installation and Safety
Parts purchased through the Platform should only be installed, fitted, repaired, modified, tested, or used by appropriately qualified persons.
Users are responsible for ensuring compliance with all safety requirements, site rules, workplace health and safety obligations, manufacturer instructions, technical standards, and applicable laws.
The Parts Store is not liable for injury, damage, downtime, loss, failure, non-performance, machinery damage, project delay, or safety incidents arising from installation, use, misuse, modification, or failure of any Part.

21. Reviews and Ratings
The Parts Store may allow Buyers and Sellers to leave reviews and ratings after a transaction.
Reviews are designed to support marketplace trust.
Users agree that reviews must be honest, fair, accurate, relevant, and based on genuine experience.
Users must not post reviews that are:
false;
misleading;
defamatory;
abusive;
threatening;
discriminatory;
commercially motivated;
paid for or incentivised without disclosure;
posted by someone who did not participate in the transaction;
or designed to manipulate ratings.
The Parts Store may remove, edit, hide, or restrict reviews that breach these Terms, appear suspicious, relate to an unresolved safety issue, contain personal information, or expose us or Users to legal risk.
We do not guarantee that every review is accurate or verified.

22. Prohibited Conduct
You must not:
use the Platform unlawfully;
misrepresent your identity or business;
create fake accounts;
list stolen, counterfeit, unsafe, recalled, restricted, or prohibited goods;
post false, misleading, or deceptive Listings;
interfere with Platform operation;
scrape, copy, reverse engineer, or misuse Platform data;
upload malware, viruses, harmful code, or spam;
attempt to bypass security or payment systems;
harass, threaten, or abuse other Users;
infringe intellectual property rights;
circumvent fees;
manipulate reviews;
use the Platform for scams, fraud, phishing, money laundering, or unlawful activity;
or do anything that damages the reputation, integrity, security, or operation of The Parts Store.

23. Verification, Fraud Prevention and Platform Safety
We may take steps to verify Users, Listings, payments, businesses, documents, communications, or transaction activity.
Verification may include requesting identification, ABN or ACN details, business documents, proof of ownership, proof of location, proof of stock, payment information, or other evidence.
We may suspend, delay, restrict, remove, or refuse access to the Platform where we reasonably suspect fraud, scam activity, unlawful conduct, misleading conduct, payment risk, safety risk, or breach of these Terms.
We are not liable for any loss arising from reasonable steps taken to protect Users, the Platform, or our business.

24. Intellectual Property
All intellectual property in the Platform, including the website, marketplace software, design, branding, logos, icons, graphics, copy, layout, workflows, features, database structure, and content created by or for The Parts Store, is owned by or licensed to us.
You must not copy, reproduce, modify, distribute, sell, reverse engineer, or exploit our intellectual property without our prior written consent.
You retain ownership of Content you upload, including Listing photos and descriptions.
By uploading Content, you grant The Parts Store a worldwide, royalty-free, non-exclusive licence to use, display, reproduce, modify, adapt, publish, promote, distribute, and communicate that Content for the purpose of operating, marketing, improving, and supporting the Platform.

25. Third-Party Services
The Platform may use or integrate with third-party services, including marketplace software, hosting providers, analytics tools, payment processors, messaging tools, identity verification providers, maps, freight tools, email platforms, and other technology providers.
We are not responsible for third-party services, outages, errors, fees, policies, security incidents, or performance issues except to the extent required by law.
Your use of third-party services may be subject to separate terms and privacy policies.

26. Platform Availability
We aim to keep the Platform available, secure, and functional.
However, we do not guarantee uninterrupted access.
The Platform may be unavailable due to maintenance, upgrades, outages, cyber incidents, third-party service issues, internet failures, technical faults, or events outside our control.
We are not liable for loss caused by Platform downtime, data loss, delayed messages, failed uploads, failed searches, or interrupted access except to the extent required by law.

27. Privacy
We collect, use, store, and disclose personal information in accordance with our Privacy Policy.
By using the Platform, you agree that we may collect and use information necessary to operate the marketplace, including account details, business details, contact details, Listings, messages, transaction information, payment-related information, reviews, device information, analytics data, and support enquiries.
We may use this information to operate the Platform, verify accounts, process transactions, facilitate communication, provide support, improve services, prevent fraud, comply with law, and send service-related communications.
For more information, please read our Privacy Policy at [Insert Privacy Policy URL].

28. Confidentiality
Users may receive business, pricing, technical, commercial, or transaction information through the Platform.
You must not misuse another User’s confidential information.
You must not use information obtained through the Platform to spam, solicit, bypass, undercut, harass, or compete unfairly with another User.

29. Limitation of Liability
To the maximum extent permitted by law, The Parts Store is not liable for:
the accuracy of Listings;
the quality, safety, condition, suitability, legality, or availability of Parts;
Buyer or Seller conduct;
failed transactions;
payment disputes;
freight delays or damage;
lost profits;
lost revenue;
loss of production;
loss of use;
downtime;
machinery failure;
project delay;
site delay;
business interruption;
indirect loss;
consequential loss;
special loss;
or loss arising from use, installation, failure, or non-performance of Parts.
Where liability cannot be excluded, our liability is limited to the maximum extent permitted by law.
Where permitted, our liability for services is limited to supplying the services again or paying the cost of having the services supplied again.

30. Indemnity
You agree to indemnify The Parts Store, its directors, officers, employees, contractors, agents, suppliers, and related entities against any loss, damage, claim, liability, cost, expense, proceeding, or demand arising from:
your breach of these Terms;
your use of the Platform;
your Listings or Content;
your sale or purchase of Parts;
your breach of law;
your infringement of third-party rights;
your fraud, negligence, misconduct, or misrepresentation;
a dispute between you and another User;
or any injury, damage, downtime, or loss arising from Parts you sell, buy, install, use, or supply.

31. Disputes Between Buyers and Sellers
Buyers and Sellers should first attempt to resolve disputes directly and professionally through the Platform.
We may assist with dispute resolution at our discretion.
We may request evidence, including messages, photos, invoices, freight records, payment records, inspection reports, serial numbers, or other relevant information.
We may take actions including restricting accounts, delaying payment release, removing Listings, issuing warnings, suspending Users, or referring matters to authorities where appropriate.
We are not required to act as an arbitrator, mediator, court, expert assessor, mechanic, engineer, or warranty provider.

32. Suspension and Termination
We may suspend, restrict, or terminate your access to the Platform if:
you breach these Terms;
we suspect fraud, unlawful conduct, or marketplace misuse;
you receive repeated complaints;
your Listings are inaccurate or misleading;
you abuse other Users;
you manipulate reviews;
you avoid fees;
you create risk for the Platform;
or we are required to do so by law or a third-party provider.
You may stop using the Platform at any time.
Termination does not affect rights or obligations that arose before termination, including payment obligations, liability, indemnities, disputes, and confidentiality obligations.

33. Changes to the Platform
We may update, change, suspend, discontinue, or remove features of the Platform at any time.
We may add, remove, or change marketplace categories, listing rules, fees, payment methods, review features, Seller requirements, Buyer requirements, or verification processes.
We are not liable for loss resulting from changes to the Platform, except to the extent required by law.

34. Changes to These Terms
We may update these Terms from time to time.
The latest version will be available on the Platform.
If we make material changes, we may notify Users by email, Platform notice, or other reasonable means.
Your continued use of the Platform after changes are published means you accept the updated Terms.

35. No Agency or Employment Relationship
Nothing in these Terms creates a partnership, joint venture, employment relationship, franchise, agency, fiduciary relationship, or representative relationship between The Parts Store and any User.
Sellers operate independently.
Buyers and Sellers are responsible for their own legal, tax, commercial, and operational obligations.

36. Force Majeure
We are not liable for delay or failure to perform where caused by events outside our reasonable control, including natural disasters, fire, flood, storm, war, terrorism, strikes, labour shortages, cyber incidents, telecommunications failures, power outages, platform provider outages, payment processor outages, government action, pandemic, or supply chain disruption.

37. Governing Law
These Terms are governed by the laws of New South Wales, Australia.
The parties submit to the non-exclusive jurisdiction of the courts of New South Wales and the Commonwealth courts of Australia.

38. Contact
For questions about these Terms, please contact:
The Parts Store
Email: [Insert Email Address]
Address: [Insert Business Address]
Website: [Insert Website URL]

39. Entire Agreement
These Terms, together with any Privacy Policy, payment terms, Seller terms, fee schedule, listing rules, and any other policies published by The Parts Store, form the entire agreement between you and The Parts Store regarding your use of the Platform.
If any part of these Terms is found to be invalid or unenforceable, the remaining parts continue to apply.