VENDORS/CONTRACTORS AGREEMENT
Last update: 20th July, 2023.This Vendors/Contractors Agreement ("Agreement") is made and entered into as of [Effective Date], (the "Effective Date"), by and between Gen21 Australia Pty Limited, ACN 662 284 808, with its principal office located in Canberra, Australia ("Gen21" or "Company"), and [Vendor/Contractor Name], with its principal office located at [Vendor/Contractor Address] ("Vendor/Contractor").
WHEREAS
Gen21 operates the website and mobile application available on www.gen21.com.au, which serves as a marketplace for online distribution and publication of user-submitted information between service providers and service users, and offers services as defined in this Agreement;
Vendor/Contractor desires to provide services through the Gen21 platform, and Gen21 wishes to engage Vendor/Contractor as a vendor/contractor under the terms and conditions set forth in this Agreement.
NOW, THEREFORE
In consideration of the mutual covenants and promises contained herein, the parties agree as follows:
1. ACCEPTANCE OF TERMS AND CONDITIONS
Vendor/Contractor hereby acknowledges that they have read and understood the Terms of Use and Privacy Policy provided by Gen21. By providing services through the Gen21 platform, Vendor/Contractor agrees to be bound by all the terms and conditions set forth in the Terms of Use and Privacy Policy. If Vendor/Contractor does not agree to any of the provisions set forth in the Terms of Use or Privacy Policy, they should refrain from providing services through the Gen21 platform.
2. VENDOR/CONTRACTOR ELIGIBILITY
2.1 Eligibility Criteria:
(a) Vendor/Contractor must be at least 18 years of age. (b) Vendor/Contractor must have the authority to enter into this Agreement on behalf of their business entity, if applicable. (c) Vendor/Contractor must comply with all relevant laws and regulations while providing services through the Gen21 platform.
2.2 Account Creation:
Vendor/Contractor may create an account on the Gen21 platform to offer their services. During the registration process, Vendor/Contractor must provide accurate and truthful information, and they are responsible for keeping their account information current throughout the term of this Agreement.
2.3 Account Policies:
Vendor/Contractor agrees to adhere to all account policies outlined by Gen21. These policies may include obtaining prior written authorization from Gen21 before copying or distributing any part of the Gen21 platform, providing accurate and up-to-date information during registration, and not engaging in actions that unreasonably encumber the platform's infrastructure or interfere with its proper functioning.
3. SERVICES AND PROHIBITED CONTENT
3.1 Services Offered:
Vendor/Contractor shall provide services to users of the Gen21 platform as described in their service postings. Vendor/Contractor must offer services within the appropriate categories and areas specified on the platform.
3.2 Prohibited Content:
Vendor/Contractor shall not upload, post, transmit, transfer, distribute, or facilitate the distribution of any content that violates the Prohibitions on Submitted Content as outlined in the Terms of Use. Vendor/Contractor shall refrain from offering services that involve misrepresentation, harmful content, invasion of privacy, offensive or inappropriate content, copyright and intellectual property infringement, threats and intimidation, or any other prohibited activities as specified in the Terms of Use.
3.3 Compliance with Laws:
Vendor/Contractor shall ensure that the services offered on the Gen21 platform comply with all applicable laws, regulations, and industry standards.
4. PAYMENT AND PRICING
4.1 Pricing and Payment:
The prices for the services offered by Vendor/Contractor on the Gen21 platform shall be in Australian dollars and include any applicable taxes and administration charges imposed by the Company. Vendor/Contractor acknowledges that they are responsible for setting their service prices and that Gen21 is not responsible for the quality or price of any spare parts used in the services.
4.2 Payment Methods:
Users of the Gen21 platform may pay for services using accepted credit or debit cards through the platform or in cash at the point of service.
4.3 Payment Discrepancies:
In the event of incorrect prices or payment discrepancies, the service will be sold at the displayed price or the modified price as per the category of services stated on the Gen21 platform. Vendor/Contractor acknowledges that Gen21 will not be responsible or liable for any delays in the refund process by the user's bank or card issuer.
5. INTELLECTUAL PROPERTY
5.1 License to Gen21 Data:
Vendor/Contractor acknowledges that Gen21 holds a license to grant access to its data and marks on the Gen21 platform. Under this Agreement, Vendor/Contractor is granted a limited, revocable, non-transferable, and non-sublicensable license to reproduce and display the Gen21 data solely for their personal use in connection with providing services through the platform.
5.2 Third-Party Data:
Vendor/Contractor shall not copy, modify, translate, publish, broadcast, transmit, distribute, perform, display, or sell any data from other users or third-party licensors that may be displayed on the Gen21 platform.
6. CONFIDENTIALITY
6.1 Confidential Information:
During the term of this Agreement, Vendor/Contractor may have access to confidential information belonging to Gen21. Confidential information includes, but is not limited to, proprietary business information, trade secrets, customer data, marketing strategies, and financial information.
6.2 Non-Disclosure:
Vendor/Contractor agrees not to disclose, use, or reproduce any confidential information of Gen21 for any purpose other than to fulfill their obligations under this Agreement. Vendor/Contractor shall take all reasonable measures to prevent unauthorized disclosure or use of confidential information.
6.3 Return of Information:
Upon termination or expiration of this Agreement, Vendor/Contractor shall promptly return or destroy all confidential information in their possession or control, including any copies or reproductions thereof.
7. TERM AND TERMINATION
7.1 Term:
This Agreement shall commence on the Effective Date and shall continue until terminated by either party in accordance with the provisions of this Agreement.
7.2 Termination for Convenience:
Either party may terminate this Agreement for convenience by providing [number of days, e.g., 30 days] written notice to the other party.
7.3 Termination for Breach:
In the event of a material breach of this Agreement by either party, the non-breaching party may terminate this Agreement upon written notice to the breaching party if the breach remains uncured for [number of days, e.g., 15 days] from the date of the notice.
7.4 Effect of Termination:
Upon termination of this Agreement, Vendor/Contractor shall cease providing services through the Gen21 platform, and any outstanding payments due to Vendor/Contractor shall be paid by Gen21 in accordance with the payment terms specified in this Agreement.
8. INDEMNIFICATION
Vendor/Contractor agrees to indemnify and hold harmless Gen21, its officers, directors, employees, and agents from and against any and all claims, liabilities, damages, losses, costs, and expenses, including reasonable attorney's fees, arising out of or in connection with Vendor/Contractor's provision of services through the Gen21 platform or any breach of this Agreement.