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User Agreement & Policies

This User Agreement was posted on 26 November 2019 and is effective from this date for all users.

In this User Agreement:
1. Introduction
2. Scope
3. Using MRM
4. Abusing MRM
5. Fees and services
6. Content
7. Trading on MRM and limitation of liability
8. Release
9. Breach
10. Returns
11. Restricting funds
12. Access and interference
13. Listing conditions
14. Tax on consumer purchases
15. Closing your account
16. Privacy
17. Indemnity
18. No agency
19. Notices
20. Legal disputes
21. Additional terms
22. General


1. Introduction
Welcome to MRM. By using the MRMonline.com.au website and any related service or tool (APP), you agree to the following terms with MRM. If you have any questions, please contact Customer Service.
The entity you are contracting with is:
MRM MediAids Resell Marketplace, Victoria, Australia.


2. Scope
Before using the MRM services, you must read and accept all of the terms in, and linked to, this User Agreement ("Agreement") and the MRM User Privacy Document. By accepting this User Agreement, you agree that this User Agreement and MRM User Privacy Document will apply whenever you use the MRM services, or when you use the tools, we make available to interact with the MRM services


3. Using MRM
While using the MRM services, you will not:
post content or items in inappropriate categories or areas on our sites and services;
infringe any laws, third party rights or our policies, such as the prohibited and restricted items policies;
use the MRM services if you are not able to form legally binding contracts, are under the age of 18 or are suspended from using the MRM services;
fail to deliver payment for items purchased by you, unless the seller has materially changed the item's description after you agreed to purchase, a clear typographical error is made, or you cannot authenticate the seller's identity;
fail to deliver items purchased from you, unless the buyer fails to meet the posted terms, or you cannot authenticate the buyer's identity;
manipulate the price of any item or interfere with other users' listings;
circumvent or manipulate our fee structure, the billing process, or fees owed to MRM;
post false, inaccurate, misleading, defamatory or offensive content (including personal information);
take any action that may undermine the Feedback or ratings systems (such as displaying, importing or exporting Feedback information or using it for purposes unrelated to MRM);
transfer your MRM account (including Feedback) and user ID to another party without our consent;
distribute or post spam, unsolicited or bulk electronic communications, chain letters or pyramid schemes;
distribute viruses or any other technologies that may harm MRM or the interests or property of MRM users;
harvest or otherwise collect information about users, including email addresses, without their consent.


4. Abusing MRM
To keep MRM a safe trading platform, please report problems, offensive content, and policy violations to us.
If you are a seller and you offer or reference your contact information or ask a buyer for their contact information in the context of buying or selling outside of MRM, you may be liable to pay a final value fee applicable to that item.


5. Fees and services
Registering to sell an item on MRM and purchasing a listed item/s is free. We may charge fees for using other services, such as listing items.
We may change our seller fees from time to time by posting the changes on the MRM site 14 days in advance, but with no advance notice required for temporary promotions, new services, or any changes that result in the reduction of fees.
If you are a seller, you are liable for transaction fees arising out of all sales made using some or all MRM services, even if sales terms are finalised or payment is made outside of MRM. In particular, if you offer or reference your contact information or ask a buyer for their contact information in the context of buying or selling outside of MRM, you will be liable to pay a final value fee applicable to that item. Sellers must meet MRM's minimum performance standards. Failure to meet these standards may result in MRM charging you additional fees, and/or limiting, restricting, suspending, or downgrading your seller account.
Unless otherwise stated, all fees are quoted in Australian Dollars. You are responsible for paying all fees and applicable taxes associated with our sites and services in a timely manner with a valid payment method. If your payment method fails or your account is past due, we may collect fees owed using other collection mechanisms. (This includes charging other payment methods on file with us, retaining collection agencies and legal counsel and, for accounts over 180 days past due, deducting the amount owed from your PayPal account balance or using any credits on your account.)


6. Content
When you upload content to the MRM website or otherwise give us content, you grant us a non- exclusive, worldwide, perpetual, irrevocable, royalty-free, sublicensable (through multiple tiers) right to exercise any and all intellectual property rights (including copyright and trademark rights you have in the content, in any media known now or in the future and for any other purpose.
If you are the author of that content, you also irrevocably and unconditionally consent, to the maximum extent permitted by law (either present or future), to MRM and its licensees, contractors, assignees and successors, and their licensees and any other person authorised by any of them
(“MRM Authorised Persons”):
(a) disclosing, reproducing, copying, adapting, publishing, performing, exhibiting, communicating, renting, transmitting or otherwise using the content (and any adaptation or part of the content) anywhere in the world:
(i) in whatever form and in whatever circumstances MRM and the MRM Authorised Persons think fit, including adding to or otherwise altering the content (or any adaptation or part of the content); and
(ii) without making any identification of you as the author in relation to the content (or any adaptation or part of the content); and
(b) doing anything or omitting to do anything in relation to the content (or any adaptation or part of the content) anywhere in the world that would otherwise infringe the moral rights, or any similar non-assignable, personal rights, that you might have.
For the convenience of sellers, we may offer catalogues of stock images, descriptions and product specifications that are provided by third parties (including MRM users). You may use catalogue content solely in connection with your MRM listings during the time your listings are on MRM's sites.
While we try to offer reliable data, we cannot promise that the catalogues will always be accurate and up-to-date, and you agree not to hold our catalogue content providers or us responsible for inaccuracies in catalogues. If you choose to include catalogue content in your listings, you continue to be fully responsible for your listings and for ensuring that your listings are accurate, do not include misleading information and comply with this User Agreement and all MRM policies. The catalogues may include copyrighted, trademarked or other proprietary materials. You agree not to remove any copyright, proprietary or identification markings included with the catalogues or create any derivative works based on catalogue content (other than by including them in your listings).


7. Trading on MRM and limitation of liability
While we strive to maintain a safe trading environment you accept that there are unfortunately sometimes risks when trading online and using our site, including dealing with underage or fraudulent persons. You will not hold MRM responsible for other users' content, actions or inactions, items they list or their destruction of allegedly fake items. You acknowledge that we are not an auctioneer. Instead, our sites are venues to allow anyone to offer, sell, and buy fit-for-purpose medical aids and equipment at any time, from anywhere, in a variety of pricing formats and locations in a fixed price format. We are not involved in the actual transaction between buyers and sellers. We have no control over and do not guarantee the quality, safety or legality of items advertised, the truth or accuracy of users' content or listings, the ability of sellers to sell items, the ability of buyers to pay for items or that a buyer or seller will actually complete a transaction or return an item. You should consider and use all of our suggested safe trading guidelines when trading online, including our safe trading tips for buyers and tips for sellers on avoiding transaction problems.
When you enter into a transaction you create a legally binding contract with another user. You must ensure that you comply with your obligations to that other member and are aware of any laws relevant to you as a buyer or seller. If another member breaches any obligation to you, you – not MRM – are responsible for enforcing any rights that you may have.
You alone, and not MRM, are responsible for ensuring that your listing and selling and any other activities conducted on our site are lawful. You must ensure that you comply with all applicable laws in Australia and other countries. You must also ensure that you strictly comply with this Agreement and the policies which form part of the Agreement.
We do not take ownership of the items at any time and do not transfer legal ownership of items from the seller to the buyer. Further, we cannot guarantee continuous or secure access to the MRM services, and their operation may be interfered with by numerous factors outside of our control.
Accordingly, to the extent legally permitted, we exclude all implied warranties, terms and conditions. We are not liable for any loss of money, goodwill or reputation, or any special, indirect or consequential damages arising, directly or indirectly, out of your use of or your inability to use the MRM services.
To the extent that MRM is able to limit the remedies available under this Agreement, MRM expressly limits its liability for breach of a non-excludable statutory guarantee to the following remedies:
the supply of the services again; or
the payment of the cost of having the services supplied again.


8. Release
If you have a dispute with one or more users, you release us (and our officers, directors, agents, subsidiaries, joint ventures and employees) from claims, demands and damages (actual and consequential) of every kind and nature, known and unknown, arising out of or in any way connected with such disputes.


9. Breach
Without limiting other remedies available to MRM at law, in equity or under this Agreement, we may, without notice to you and in our sole discretion (which shall be exercised reasonably, having regard to the circumstances), delay listing your item, delete your listing, issue you a warning, restrict your activities through our site (including but not limited to buying, selling and posting activities), temporarily suspend, indefinitely suspend or terminate your membership and refuse to provide our services to you, or require you to pay additional fees if:
you have, or we believe that you have, breached this Agreement, which includes any of our Policies in any way (including those Policies referred to in Clause 22 below);
we are unable to verify or authenticate any information you provide to us;
we believe that your actions may cause loss or damage to or otherwise unlawfully harm you, our users, third parties or us, our related bodies corporate or affiliates, our directors, employees or agents; or
if we reasonably believe that any of your information (which includes an item listed on the site) is inappropriate or of an offensive nature.
For security, confidentiality and privacy reasons, we are not obligated to provide you or other members the details of any investigation that we conduct or any action which we take, in relation to your membership or your account other than those that are already provided to you by us.


10. Returns
Buyers can request a return or report that they didn't receive an item from their Purchase history - opens in new window or tab.
If the buyer is requesting to return an item for "change of mind" (or "remorse") reasons, the seller's return policy as stated in the listing will apply – including which party is responsible for return postage costs. Sellers may exercise their discretion to accept or deny a remorse return request if it falls outside their return policy.
If an item is not received or differs significantly from the listing, then the cost of return postage/shipping for an item that is significantly not as described will usually be the seller's responsibility.
Buyers and sellers agree to comply with the MRM Policies and Condition of returned items policy and acknowledge that we may automate some aspects of the returns process. You also acknowledge and agree that we may exercise our reasonable discretion to make a final decision on any case – including an item returned for remorse reasons – where a buyer and seller cannot come to agreement. If we resolve a case in the buyer's favour, the seller will be required to issue a full refund to the buyer (including original postage costs), either by automatic reversal of the transaction from the seller's PayPal account, or by reimbursing MRM in cases where we refunded the buyer directly.
As a seller, you authorise and instruct us:
to automatically accept a return request on a your behalf and provide a return postage label to the buyer, for return requests that fall within your returns policy ;
to place return postage costs on your seller invoice, in cases where you are responsible for paying return postage;
to request PayPal to reverse the refund amount (in same or other currency) from your PayPal account in cases where the transaction is cancelled or the buyer returns an item in accordance with your listing's return policy;
to request PayPal to collect or reverse variable amounts (representing payments related to covered claims) from your PayPal account to carry out a buyer reimbursement, including amounts in other currency holdings where you do not have sufficient funds available in the transaction currency;
to request PayPal to restrict your access to funds (the restriction will apply up to a sum equivalent to the cost of the item and original postage costs paid by the buyer) in your PayPal account at any point during the resolution process (which may result in PayPal determining to restrict funds in your PayPal account in order to manage PayPal's risk exposure pursuant to PayPal policies – see clause 11: Restricting funds);
to recover the amount we pay to the buyer (in cases where we refund the buyer directly) by placing the reimbursement amount on your seller invoice and charging the payment method you selected; and
to use credits on your account to pay for amounts you owe to MRM.
You acknowledge and agree that your authorisations above will or may be made on a recurring basis and on various dates as required by us to facilitate returns on MRM and implement the terms of the MRM Money Back Guarantee policy.
You must have a payment method on file with MRM and you may change this payment method - opens in new window or tab at any time. If you do not provide MRM with a valid payment method, we may collect the outstanding sums using other collection mechanisms, including retaining collection agencies.
We reserve the right to fix any processing errors we discover. We will correct any processing errors by debiting or crediting the payment method used for the MRM Money Back Guarantee refund or reimbursement.


11. Restricting funds
To protect against the risk of liability, MRM may request, and you agree to authorise the request, that PayPal restrict access to funds in a seller's PayPal account based on certain factors, including, but not limited to, selling history, seller performance, returns, riskiness of the listing category or the
filing of a case. This may result in PayPal determining to restrict funds in your PayPal account in order to manage PayPal's risk exposure pursuant to PayPal policies.


12. Access and interference
The sites contain robot exclusion headers. Much of the information on the sites is updated on a real- time basis and is proprietary or is licensed to MRM by our users or third parties. You agree that you will not use any robot, spider, scraper or other automated means to access the MRM services for any purpose without our express written permission.
Additionally, you agree that you will not:
take any action that imposes or may impose (in our sole discretion, exercised reasonably) an unreasonable or disproportionately large load on our infrastructure;
copy, reproduce, modify, create derivative works from, distribute or publicly display any content (except for your information) from the sites without the prior express written permission of MRM and the appropriate third party, as applicable;
interfere or attempt to interfere with the proper working of the sites, services or tools, or any activities conducted on or with the sites, services or tools; or
bypass our robot exclusion headers or other measures we may use to prevent or restrict access to the sites.


13. Listing conditions
By listing an item on MRM's sites, you agree to pay MRM's fees for the listing, assume full responsibility for the content of the listing and item offered, and accept the following listing conditions:
When you list an item on MRM's sites, your listing will be posted on MRM's sites and can be viewed in your MRM account that opens in new window or tab.
Your listing may not be immediately searchable by keyword or category for several hours (or up to 24 hours in some circumstances), so MRM can't guarantee exact listing durations.
We may revise data in the MRM product catalogue to supplement, remove, or correct information; if your listing uses catalogue data that has been revised, those revisions may modify your listing accordingly.
Where your listing appears in search and browse results may be based on certain factors including listing format, title, keywords, price and postage cost, and Feedback. Learn more about where your listings appear in search and browse results.
Your listing will, at all times, comply with MRM rules and policies, including listing rules.
You must list your item in the most relevant category. When you list an item in two categories and there is a difference in final value fees between the categories, the higher final value fee will apply when your item sells.


14. Tax on consumer purchases
Buyers and sellers are generally responsible for any Goods and Services Tax (GST), sales tax, or other taxes that apply to items bought on MRM. If you have any questions or require more information about your tax obligations, please contact the Australian Taxation Office - opens in new window or tab, your local tax or customs authority, or seek independent tax advice.
In any jurisdiction where MRM has an obligation to collect tax on consumer purchases: MRM may add the applicable tax to the item price displayed to the buyer;
MRM will display the tax amount at checkout once the buyer's order and delivery address are confirmed, and this will be included in the order total paid by the buyer;
MRM will collect this amount via any means available to us and remit the tax to the relevant authority.
For more details, please see our Tax policy.
As a buyer, you acknowledge and agree that tax may apply on top of the seller's item price, and that you will have the opportunity to review this before finalising your order.
As a seller, you acknowledge and agree that where MRM has an obligation to collect tax on consumer purchases 1) your prices may appear higher to buyers based on their delivery address, and
2) that we may not report tax collected to you, although we will indicate on the order details page if tax was collected by MRM.


15. Closing your account
You may close your MRM account at any time, subject to:
not having any outstanding items listed on the website; and
resolving any outstanding matters (such as a suspension or restriction on your account); and
- paying any outstanding fees owing on the account.


16. Privacy
We do not provide your personal information to third parties for their marketing purposes without your explicit consent. We use your information only as described in the MRM. Document We view protection of users' privacy as a very important community principle. We store and process your information on computers located in the United States that are protected by physical as well as technological security devices. You can access and modify the information you provide us - opens in new window or tab and choose not to receive certain communications - opens in new window or tab by signing in to your account. We use third parties to verify and certify our privacy principles. For a complete description of how we use and protect your personal information, see the MRM User Privacy Document. If you object to your information being transferred or used in this way please do not use our services.
Privacy of Others; Marketing
If MRM provides you with information about another user you agree you will use the information only for the purposes it is provided to you. You may not disclose, sell, rent or distribute a user's information to a third party for purposes unrelated to the Services. Additionally, you may not use information for marketing purposes, via electronic or other means, unless you obtain the consent of the specific user to do so.


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


18. No agency
MRM is not your agent for any purpose in relation to this Agreement or your use of the MRM services.


19. Notices
Legal notices must be served on MRM's registered agent (in the case of MRM) or to the email address you provide to MRM during the registration process (in your case). Notice will be deemed given 24 hours after email is sent, unless the sending party is notified that the email address is invalid or that the email has not been delivered. Alternatively, we may give you legal notice by mail to the address provided by you during the registration process. In such case, notice will be deemed given three days after the date of mailing.
Any notices to MRM's registered agent must be given by registered ordinary post (or if posted to or from a place outside Australia, by registered airmail).


20. Legal disputes
If a dispute arises between you and MRM, our goal is to provide you with a neutral and cost- effective means of resolving the dispute quickly. We strongly encourage you to first contact us to seek a resolution. If your dispute is not resolved by contacting MRM Customer Service, all legal notices and formal disputes should be sent to MRM's registered agent in accordance with Clause 22 above. We will consider reasonable requests to resolve the dispute through alternative dispute resolution procedures, such as mediation or arbitration, as alternatives to litigation.
Law and forum for legal disputes
This Agreement will be governed in all respects by the laws of Victoria. We encourage you to try and resolve disputes using certified mediation (such as online dispute resolution processes). If a dispute cannot be resolved then you and MRM irrevocably submit to the non-exclusive jurisdiction of the courts of Victoria, Australia.


21. Additional terms
It is important to read and understand all our policies as they provide the rules for trading on the MRM site. Our policies, including all policies referenced in them, are part of this Agreement and provide additional terms and conditions related to specific services offered on our sites. You should read the MRM rules and policies overview to see the rules that apply to you. In addition, there may be specific policies or rules that apply, and it is your responsibility to check our policies to make sure you comply.
Refund and Returns Policy Misrepresentation of Identity Policy Abusive Buyer Policy
Age Limits Policy
False or Misleading Contact Information Policy Invalid email Policy
Payment Methods Policy Product Safety Policy
Repurposed Equipment Cleaning & Infection Control Policy Technical Issues Information
Terms of Use Policy Unpaid Item Policy User Agreement
Offer to Buy or Sell Outside of MRM Policy Prescribed Medical Devices Policy
Stolen Property Policy
Threats, Offensive Language & Hate Speech Policy User Privacy Notice
MRM Product Safety Policy Condition of Returned Goods Policy Prescribed Medical Devices Policy Stolen Property Policy
Tax Policy
Prohibited and restricted items policies Rules for listings
Rules about intellectual property
Offers to buy or sell outside of MRM policy
Each of these policies may be changed from time to time. Changes take effect when we post them on the mrmonline.com.au site. When using particular services on our sites, you are subject to any posted policies or rules applicable to services you use through the sites, which may be posted from time to time. All such policies or rules are incorporated into this User Agreement.


22. General
MRM is located in Victoria, Australia.
If any provision of this Agreement is held to be invalid or unenforceable, such provision will be severed and the remaining provisions will remain in effect. In our sole discretion, we may assign our rights and obligations under this Agreement to another entity. Headings are for reference purposes only and do not form part of this Agreement. Our failure to act on a breach by you or others doesn't waive our right to act on subsequent or similar breaches.
We may amend this Agreement at any time by posting the amended terms on mrmonline.com.au. We will also notify you of any material amendments through MRM Messages - opens in new window or tab (in your MRM account) or directly to the email address linked to your account. Except as stated elsewhere, all amended terms will automatically be effective 30 days after they are initially posted. If you do not accept the changes you should close your account in accordance with Clause 18 of this Agreement.
If a dispute arises between you and MRM, our goal is to provide you with a neutral and cost- effective means of resolving the dispute quickly. We strongly encourage you to first contact us to seek a resolution. If your dispute is not resolved by contacting MRM Customer Service, all legal notices and formal disputes should be sent to MRM's registered agent in accordance with Clause 21 above. We will consider reasonable requests to resolve the dispute through alternative dispute resolution procedures, such as mediation or arbitration, as alternatives to litigation.
Law and forum for legal disputes
This Agreement will be governed in all respects by the laws of Victoria. We encourage you to try and resolve disputes using certified mediation (such as online dispute resolution processes). If a dispute cannot be resolved then you and MRM irrevocably submit to the non-exclusive jurisdiction of the courts of Victoria, Australia.

This Agreement contains the entire understanding and agreement between you and MRM. The following Sections survive any termination of this Agreement: Fees and Services (with respect to fees owed for our services), Release, Content, Liability, Indemnity and Legal Disputes.
This website is the property of MRM MediAids Resell Marketplace and is protected by copyright, and other intellectual property laws.
Users must retain all copyright and trademark notices, including any other proprietary notices contained in the materials, and Users agree not to alter, obscure or obliterate any of such notices. None of the content or data found in this Site may be copied, reproduced, republished, sold, transferred, modified or distributed in any way without the prior written consent of MRM MediAids Resell Marketplace, its licensors and/or its third party providers and distributors. Trademarks, logos, images, html code and service marks displayed on the Site are the property of MRM MediAids Resell Marketplace. Users agree not to display or use such marks without prior written consent of MRM MediAids Resell Marketplace.

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