Lemon Fizz Marketplace Terms and Conditions
In these Terms, when we say you or your, we mean both you and any entity you are authorised to represent (such as your employer) in your capacity as a user of the Lemon Fizz Marketplace. When we say we, us, or our, we mean Lemon Fizz Collective Pty Ltd (ACN 681 923 848).
Some capitalised words in these terms and conditions (Terms) have defined meanings, and each time that word is used in these Terms it has the same meaning. You can find a list of the defined words and their meaning at the end of these Terms.
These Terms form our contract with you, and set out our obligations as a service provider and your obligations as a user. You cannot use our Services unless you agree to these Terms. The obligations in these Terms apply equally to Sellers and Buyers, unless we state otherwise.
For questions about these Terms, or to get in touch with us, please email: legal@lemonfizzcollective.com.au.
These Terms were last updated on 24 March 2026.
OUR DISCLOSURES
Please read these Terms carefully before you accept. We draw your attention to:
● our privacy policy (on our website) which sets out how we will handle your personal information;
● clause 6.4 (Minimum Period) which sets out that each Subscription Tier has a minimum Subscription period of 4 weeks from the date of purchase;
● clause 13 (Liability) which sets out exclusions and limitations to our liability under these Terms; and
● clause 16.8 (Updates to Terms), which sets out how we may amend these Terms.
These Terms do not intend to limit your rights and remedies at law, including any of your Consumer Law Rights.
1. Services
1.1 Our Platform is an online marketplace where Sellers can list, market, and sell their products on their Seller s Account Page and where Buyers can browse and purchase those products directly from the Sellers via the Platform.
1.2 Subject to your compliance with these Terms, we will provide you with access to the Services and a right to use our Platform (which may be suspended or revoked in accordance with these Terms). Unless set out on the Platform, this right cannot be passed on or transferred to any other person.
1.3 We only provide our Services and are not a party to any transaction between Sellers and Buyers.
1.4 If permitted on the Platform, Sellers who grant any access or use of our Services to their employees, contractors or any other person, are responsible for ensuring they comply with these Terms and Sellers are liable for all of their acts and omissions in connection with these Terms.
2. Account
2.1 Sellers must sign up for an Account in order to use our Platform.
2.2 Prior to a Seller s Account Page being published on the Platform, we will review and determine whether the Seller s Account Page complies with these Terms. We reserve the right to withhold or withdraw approval in our sole discretion where we reasonably believe that a Seller s Account Page breaches these Terms.
2.3 Further, a Seller must pass our identity verification process (Identity Check).We may conduct this process ourselves or through a third party. The Seller agrees to co-operate with us in carrying out the Identity Check, including by providing us with any Personal Information necessary to complete this process (such as your name, proof of address, and proof of identity). Where we have engaged a third party to carry out the Identity Check, you consent to us disclosing your Personal Information to that third party for this purpose.
2.4 Buyers may view Listings on our Platform without signing up for an Account. To purchase from the Platform, Buyers must sign up for an Account.
2.5 While you have an Account with us, you agree to:
(a) keep your information up-to-date (and ensure it remains true, accurate and complete);
(b) keep usernames and passwords secure and confidential, and protect them from misuse or being stolen; and
(c) notify us if you become aware of, or have reason to suspect, any unauthorised access to your Account or any logins linked to your Account.
2.6 If you close your Account, you will lose access to the Services.
2.7 By registering for an Account or making a purchase through the Platform, you confirm that you are over the age of 16. We reserve the right to suspend or terminate any Account where we reasonably believe you are under the age of 16.
3. Platform Summary
3.1 Our Platform facilitates connections between Sellers and Buyers for the purposes of selling and purchasing goods (Offer).
3.2 Sellers may create Listings on our Platform detailing their Offers. By posting a Listing, Sellers:
(b) warrant that all information in their Listing is accurate, complete and up to date;
(c) agree to include all terms and conditions in the relevant Listing, including the estimated dispatch and delivery timeframe for each purchase and whether the Buyer is responsible for postage costs;
(d) must have appropriate insurance to cover the Offer; and
(e) must comply with all laws, regulations or safety standards applicable to the Offer.
3.3 Buyers may: browse existing Listings and interact with Sellers through our Platform.
3.4 A binding contract (Confirmed Order) between Sellers and Buyers is formed when:
(a) Buyers accept an Offer by making payment through our Platform; and
(b) Sellers confirm acceptance of the order.
3.5 Sellers and Buyers may negotiate modifications to a Confirmed Order. Any agreed changes must be documented in writing and will become part of the Confirmed Order.
3.6 Sellers and Buyers must not use our Platform to obtain each other s contact details for the purpose of Sellers circumventing any fees payable to us for the use of our Platform and our Services.
3.7 We do not endorse or approve, and are not responsible for, any Offers or the details of any Listings. We may, at any time (at our sole discretion and without any Liability), remove any Listings, including where we consider an Offer or a Listing:
(a) is illegal or offensive; and/or
(b) contains graphic, inappropriate or unlawful content.
3.8 Upon termination of these Terms:
(a) for Sellers, their existing Listings will be removed and any purchased Offers not yet provided will be cancelled (and Buyers will be refunded accordingly); and
(b) for Buyers, their purchased Offers not yet provided will be honoured.
4. Cancellations, Refunds and Disputes between Sellers and Buyers
4.1 This clause is subject to (and any refunds must comply with) (as applicable) Apple s Refund Policy and Google Play Refund Policy[LV1] .
4.2 The cancellation and refund of any amounts paid in respect of an Offer is strictly a matter between Sellers and Buyers. The terms and conditions of a Listing must clearly set out whether refunds or cancellations are permitted.
4.3 We encourage Sellers and Buyers to attempt to resolve disputes (including claims for refunds or remedies) directly and in good faith, either through our Platform or through external communication methods. In the event that a dispute cannot be resolved through these means, Sellers and Buyers may choose to resolve the dispute through other means, such as mediation. We are not responsible for mediating or resolving disputes between Sellers and Buyers.
4.4 This clause 4 will survive the termination or expiry of these Terms.
5. Payments
5.1 Sellers must pay all amounts due to us under these Terms in accordance with these Terms or as set out on our Platform (as applicable).
5.2 We may pre–authorise or charge your payment method for a nominal amount to verify the payment method.
5.3 If any Sellers fees due to us under these Terms or as a result of a Seller s use of our Platform are not paid on time, we may:
(a) suspend your access to our Services (including access to our Platform); and
(b) charge interest on any overdue payments at a rate equal to the Reserve Bank of Australia s cash rate, from time-to-time, plus 2% per annum, calculated daily and compounding monthly.
5.4 You are responsible for paying any levies or taxes associated with your use of our Services, for example sales taxes, value-added taxes or withholding taxes (unless we are required by law to collect these on your behalf).
5.5 All payments through the Platform are processed by our third-party payment processors, including Stripe.
5.6 Sellers acknowledge and agree that unless otherwise agreed, the Seller is responsible for any transaction fees charged by the third party payment processor. We are not responsible for any errors, delays or failures caused by the third party payment processor.
6. Platform Subscriptions and Commission Applicable to Sellers Only
6.1 You must choose a Subscription. You must pay all amounts due to us under a Subscription in accordance with these Terms or as set out on our Platform (as applicable).
6.2 Sellers must select from three tiers (Subscription Tiers) when signing up to the Platform:
(a) Starter Tier: Seller pays no upfront fees. We charge a commission on each successful sale made through the Platform.
(b) Growth Tier: Seller pays a weekly fee. We charge a reduced commission on each successful sale made through the Platform.
(c) Premium Tier: Seller pays a weekly fee. We do not charge any commission on sales made through the Platform.
6.3 Details of the Subscriptions, including features, limitations, commission rates, fees and billing cycles are set out on our Platform. You will be billed on a regular basis for your Subscription, as set out on our Platform, at the beginning of each billing cycle.
6.4 Each Subscription Tier has a minimum subscription period of 4 weeks from the date of purchase (Minimum Period). Following the Minimum Period, you may upgrade or downgrade your Subscription Tier at any time. Changes to your Subscription will take effect at the beginning of the next billing cycle.
6.5 All Subscriptions continue for the term that you selected when purchasing the Subscription (Subscription Term). At the end of each Subscription Term, provided you have paid all fees owing, your recurring Subscription will be automatically renewed for recurring monthly periods (each of which will be considered a Subscription Term). If you wish to cancel your Subscription, you may do so through your Account. Your cancellation will take effect at the end of your current Subscription Term, and your Subscription will not be renewed (meaning you will need to continue paying all fees due up until your current Subscription Term ends).
6.6 Where commission is payable by a Seller under their applicable Subscription Tier, the following provisions apply:
(a) Commission is calculated as a percentage of the Offer Price for each successful sale made through the Platform, as set out on our Platform.
(b) Commission will be automatically deducted from the sale proceeds collected through the Platform prior to remittance of the remaining balance to the Seller.
(c) We will provide Sellers with a transaction summary through their Account, setting out:
(1) the Offer Price received for each Confirmed Order;
(2) the commission amount deducted; and
(3) the net amount remitted to the Seller.
(d) We reserve the right to amend commission rates by updating the rates set out on our Platform. We will provide Sellers with no less than [X] days’ written notice prior to any change taking effect.
7. Reviews
7.1 Sellers and Buyers may review their experiences with each other on our Platform (Review). We may remove Sellers and Buyers from our Platform (in our sole discretion) who receive a high number of negative Reviews.
7.2 You agree to provide true, fair and accurate information in your Review. If we consider that your Review is untrue, unfair, inaccurate, offensive or inappropriate, we may delete the Review or ban you from posting further Reviews. We do not undertake to review each Review. To the maximum extent permitted by law, we are not responsible for the content of any Review.
7.3 You may only write a Review about your own experience. You must not write a Review about another person s experience.
7.4 If you have been offered an incentive (such as a gift, reward, discount or payment) for leaving a Review, you should include information about this in your Review.
7.5 You must not disclose any Personal Information in your Review.
8.1 You may come across confidential information of other users during the use of our Services. You agree to:
(a) keep all confidential information strictly confidential;
(b) use confidential information solely for Platform transactions; and
(c) not disclose confidential information without permission or as required by law.
8.2 We commit to protecting users’ confidential information and will only use it for the purpose of supplying our Services.
8.3 This clause does not apply to information that is or becomes publicly available through no fault of the receiving party; is required to be disclosed by law, regulation, or court order; is rightfully received from a third party without a duty of confidentiality; is independently developed by the receiving party without use of confidential information; or is approved for release by written authorization of the disclosing party.
8.4 These obligations survive the termination or expiry of these Terms or any Platform transaction.
9.1 We collect, hold and disclose and use any Personal Information you provide to us in accordance with our privacy policy, available on our website, and applicable privacy laws. As set out in our Privacy Policy, we may need to disclose Personal Information to third parties, such as our service providers (for example, IT and administrative service providers and our professional advisors). As part of our Services, we will also need to disclose information about Buyers to Sellers, and vice versa, so that they can connect and transact.
9.2 You must only disclose Personal Information to us if you have the right to do so (such as having the individual s express consent).
9.3 Sellers and Buyers must not disclose Personal Information about each other to third parties unless authorised by these Terms or by law.
9.4 Where we are required by law to report on our activities, you acknowledge that from time to time we may request certain information from you in order to meet our requirements, and you agree to provide us with such information within the timeframes reasonably requested by us.
9.5 This clause will survive the termination or expiry of these Terms.
10. Intellectual Property
10.1 We own all intellectual property rights in the Services. This includes how the Services look and function, as well as our copyrighted works, trademarks, inventions, designs and other intellectual property. You agree not to copy or otherwise misuse our intellectual property without our written permission (for example, to reverse engineer or discover the source code of our intellectual property), and you must not alter or remove any confidentiality, copyright or other ownership notice placed on the Services.
10.2 We may use any feedback or suggestions that you give us in any manner which we see fit (for example, to develop new features), and no benefit will be owed to you as a result of any use by us of your feedback or suggestions.
10.3 We do not own any of Your Data, but when you enter or upload any of Your Data into our Platform (including uploading a Listing), you grant us the right to access, analyse, backup, copy, store, transmit, and otherwise use Your Data while you have an Account with us (and for a reasonable period of time afterwards). We may use Your Data (or disclose it to third party service providers) to:
(a) supply our Services to you and otherwise perform our obligations under these Terms;
(b) diagnose problems with our Services; and
(c) perform analytics and improve, develop and protect our Platform.
10.4 You must ensure you hold all intellectual property rights in Your Data or information you share or upload to the Platform (including in a Listing) and you must not commit any intellectual property breach in connection with these Terms.
10.5 This clause will survive the termination or expiry of these Terms.
11. Acceptable Use and Prohibited Conduct
11.1 You must not:
(b) use the Services for inappropriate, unethical, unreasonable or illegal reasons;
(c) interfere with or interrupt the supply of our Platform, or any other person s access to or use of our Platform;
(d) introduce any viruses or other malicious software code into our Platform;
(e) attempt to access any data or log into any server or account that you are not expressly authorised to access;
(f) use our Platform to send unsolicited electronic messages;
(g) use data mining, robots, scraping or other data gathering and extraction tools on our Platform; or
(h) access or use our Platform to transmit, publish or communicate material that is, defamatory, offensive, abusive, indecent, menacing, harassing or unwanted.
11.2 If you breach clause 11.1, we can suspend your access to the Platform or terminate these Terms in accordance with clause 15.
12. Consumer Law Rights
12.1 In some jurisdictions, you may have guarantees, rights or other remedies provided by law (Consumer Law Rights), and these Terms do not restrict your Consumer Law Rights. We will only be bound by your Consumer Law Rights and the express wording of these Terms. Our liability for a breach of your Consumer Law Rights is, unless the laws of your jurisdiction state otherwise, limited to either resupplying our Services, or paying the cost of having our Services resupplied.
12.2 If you accept these Terms in Australia, nothing in these Terms should be interpreted to exclude, restrict or modify the application of, or any rights or remedies you may have under, any part of the Australian Consumer Law (as set out in Schedule 2 of the Competition and Consumer Act 2010 (Cth)).
12.3 Buyers may have Consumer Law Rights owed to them by Sellers in respect of Offers made by Sellers.
13.1 To the maximum extent permitted by law, we will not be liable for, and you release us from liability for, any Liability caused or contributed to by, arising from or in connection with:
(a) any aspect of the interactions between Sellers and Buyers, including in relation to any Offers and Listings;
(b) your failure to comply with any app store requirements of Apple Inc. or the Google Play Store;
(c) any use of our Services by a person or entity other than you or your personnel;
(d) any other user s breach of the Confidential Information, Personal Information and/or Intellectual Property provisions of these Terms; and
(e) disruptions or downtime caused or contributed to by third parties.
13.2 Where you engage third parties to operate alongside our Platform (for example, any third-party software systems you wish to integrate with our Platform), those third parties are independent of us and you are responsible for (meaning we will not be liable for) the goods or services they provide, unless we expressly agree otherwise in writing.
13.3 Regardless of whatever else is stated in these Terms, to the maximum extent permitted by law:
(a) neither we or you are liable for any Consequential Loss;
(b) a party s liability for any Liability under these Terms will be reduced proportionately to the extent the relevant Liability was caused or contributed to by the actions (or inactions) of the other party, including any failure by the other party to mitigate its loss; and
13.4 This clause will survive the termination or expiry of these Terms.
14. Notice Regarding Apple
14.1 To the extent that you are using or accessing our Platform on an iOS device through a mobile application from the Apple App Store, you further acknowledge and agree to the terms of this clause. You acknowledge that these Terms are between you and us only, not with Apple Inc. (Apple), and Apple is not responsible for our Platform and any content available on our Platform.
14.2 Apple has no obligation to furnish you with any maintenance and support services with respect to our Platform.
14.3 If our mobile application fails to conform to any applicable warranty, you may notify Apple and Apple will refund the purchase price of the mobile application to you. To the maximum extent permitted by applicable law, Apple will have no other warranty obligation whatsoever with respect to the mobile application and any other claims, losses, liabilities, damages, costs or expenses attributable to any failure to conform to any warranty will be our responsibility.
14.4 Apple is not responsible for addressing any claims by you or any third party relating to our mobile application or your use of our mobile application, including but not limited to: (1) product liability claims; (2) any claim that our mobile application fails to conform to any applicable legal or regulatory requirement; and (3) claims arising under consumer protection or similar legislation.
14.5 Apple is not responsible for the investigation, defence, settlement and discharge of any third-party claim that our mobile application infringes that third party s intellectual property rights.
14.6 You agree to comply with any applicable third-party terms when using our mobile application.
14.7 Apple and Apple subsidiaries are third-party beneficiaries of these Terms, and upon your acceptance of these Terms, Apple will have the right (and will be deemed to have accepted the right) to enforce these Terms against you as a third-party beneficiary of these Terms.
14.8 You hereby represent and warrant that: (1) you are not located in a country that is subject to a U.S. Government embargo, or that has been designated by the U.S. Government as a "terrorist supporting" country; and (2) you are not listed on any U.S. Government list of prohibited or restricted parties.
15. Suspension and Termination
15.1 We may suspend your access to our Services where:
(a) we reasonably believe there has been any unauthorised access to or use of our Services (such as the unauthorised sharing of login details for our Platform);
(b) we reasonably believe that you have breached these Terms; and/or
(c) you fail to comply with any acceptable use or participation rules we have on the Platform.
If we suspend your access to our Services, we will let you know within a reasonable time of doing so, and we will work with you to resolve the matter, or if it cannot be resolved, then we may terminate your Account and your access to our Services will end.
15.2 We may terminate these Terms (meaning you will lose access to our Services, including access to your Account) if:
(a) you fail to pay any amounts payable to us under these Terms when they are due;
(b) you breach clause 11.1;
(c) you (or as authorised under these Terms, your personnel) breach these Terms and do not remedy that breach within 14 days of us notifying you of that breach;
(d) you (or as authorised under these Terms, your personnel) breach these Terms and that breach cannot be remedied; or
(e) you experience an insolvency event (including but not limited to bankruptcy, receivership, voluntary administration, liquidation, or entering into creditors schemes of arrangement).
15.3 You may immediately terminate these Terms:
(a) in accordance with clause 16.8;
(b) if we breach these Terms and do not remedy that breach within 14 days of you notifying us of that breach; or
(c) if we breach these Terms and that breach cannot be remedied.
15.4 If you have paid any Subscription Fees upfront, you will be issued a pro-rata refund of any unused Subscription Fees based on the portion of the then-current Subscription term remaining.
15.5 You may also terminate these Terms at any time by notifying us through your Account or to our email for notices (as set out in clause 16.6), and if you have a Subscription, termination will take effect at the end of your current Subscription Period.
15.6 Upon termination of these Terms, we will retain Your Data (including copies) as required by law or regulatory requirements;
15.7 Termination of these Terms will not affect any other rights or liabilities that we or you may have.
15.8 This clause will survive the termination or expiry of these Terms.
16.1 Assignment: You may not transfer or assign these Terms (including any benefits or obligations you have under these Terms) to any third party without our prior written consent. We may assign or transfer these Terms to a third party, or transfer any debt owed by you to us to a debt collector or other third party.
16.2 Disputes with Lemon Fizz Marketplace: Neither we nor you may commence court proceedings relating to any dispute, controversy or claim arising from, or in connection with, these Terms (including any question regarding its existence, validity or termination) (Dispute) unless we and you first meet (in good faith) to resolve the Dispute. Nothing in this clause will operate to prevent us or you from seeking urgent injunctive or equitable relief from a court of appropriate jurisdiction.
If the Dispute is not resolved at that initial meeting:
(a) where you are resident or incorporated in Australia, refer the matter to mediation, administered by the Australian Disputes Centre in accordance with Australian Disputes Centre Guidelines for Commercial Mediation; or
(b) where you are not resident or incorporated in Australia, refer the matter to arbitration administered by the Australian Centre for International Commercial Arbitration, with such arbitration to be conducted in Mount Barker, South Australia, before one arbitrator, in English and in accordance with the ACICA Arbitration Rules.
16.3 Events Outside Our Control: We will not be liable for any delay or failure to perform our obligations (including our Platform), if such delay or failure is caused or contributed to by an event or circumstance beyond our reasonable control.
16.4 Governing law: These Terms are governed by the laws of South Australia, and any matter relating to these Terms is to be determined exclusively by the courts in South Australia and any courts entitled to hear appeals from those courts.
16.5 Nature of Legal Relationship: These Terms do not create, and should not be interpreted so as to create, a partnership, joint venture, contractor relationship or employment relationship between us and you.
16.6 Notices: Any notice you send to us must be sent to the email set out at the beginning of these Terms. Any notice we send to you will be sent to the email address registered against your Account.
16.7 Service Availability: We strive to make the Services available but do not guarantee 100% uptime. The Services may be disrupted due to scheduled or emergency maintenance, or issues with third-party providers upon which the Services rely.
16.8 Updates to Terms: We may amend these Terms at any time, by providing written notice to you. By clicking I accept or continuing to use our Platform after the notice or 30 days after notification (whichever date is earlier), you agree to the amended Terms. If you do not agree to the amendment you may stop using our Platform, or if you have an Account then you may close your Account with effect from the date of the change in these Terms by providing written notice to us. If you close your Account, you will no longer be able to access our Services (including our Platform) on and from the date of cancellation and clause 15.3 will apply.
17. Definitions
17.1 In these Terms:
Account means an account accessible to the individual or entity who signed up to our Services.
Consequential Loss includes any consequential loss, special or indirect loss, real or anticipated loss of profit, loss of benefit, loss of revenue, loss of business, loss of goodwill, loss of opportunity, loss of savings, loss of reputation, loss of use and/or loss or corruption of data, whether under statute, contract, equity, tort (including negligence), indemnity or otherwise. However, your obligation to pay us any amounts for access to or use of our Services (including our Platform) will not constitute Consequential Loss .
Liability means any expense, cost, liability, loss, damage, claim, notice, entitlement, investigation, demand, proceeding or judgment (whether under statute, contract, equity, tort (including negligence), indemnity or otherwise), howsoever arising, whether direct or indirect and/or whether present, unascertained, future or contingent and whether involving a third party or us or you or otherwise.
Listing means a description of an Offer created by Sellers on our Platform, which includes details of the Offer, its terms and conditions, and the Offer Price.
Offer has the meaning given in clause 3.1.
Offer Price means the price agreed between Sellers and Buyers for an Offer in a Listing.
Personal Information means any information or opinion about an identified individual, or an individual who is reasonably identifiable, whether the information or opinion is true or not, and whether the information or opinion is recorded in a tangible form or not.
Platform means our cloud-based platform that we provide you with access to as part of the Services.
Seller s Account Page means the individual shopfront page created by a Seller on the Platform, through which the Seller manages and displays their Listings, branding and other relevant information to Buyers.
Services means access to the Platform we provide to you, but do not include support services or any other additional services unless we agree otherwise in writing with you.
Subscription means the Subscription plan a Seller has chosen through our Platform, which you use to access certain features and benefits.
Subscription Fees means the fees you pay to us to access your chosen Subscription.
Subscription Term has the meaning given in clause 6.4.
Subscription Tier means the type of subscription selected by a Seller at the point of purchase, as further described in clause 6.2.
Your Data means the information, materials, logos, documents, qualifications and other intellectual property or data supplied by you when receiving our Services (including any Listing) or stored by or generated by your use of our Services, including any Personal Information collected, used, disclosed, stored or otherwise handled in connection with our Services. Your Data does not include any data or information that is generated as a result of your usage of our Services that is a back-end or internal output or an output otherwise generally not available to users of our Services.