Binding agreement accepted at account registration by all Buyers and Vendors
IMPORTANT — PLEASE READ BEFORE CREATING AN ACCOUNT
By selecting “I agree” and creating an account, you accept these Terms, and they form a legally binding contract between you and Corevanta Pty Ltd, trading through Industrialbay.com.au. If you are registering on behalf of a business, you confirm you are authorised to bind that business. Nothing in these Terms excludes, restricts or modifies any consumer guarantee, right or remedy you may have under the Australian Consumer Law where such exclusion would be unlawful.
1.1 Welcome to Industrialbay.com.au. These Marketplace Terms of Use (Terms) govern your access to and use of the website at Industrialbay.com.au and any related services (together, the Platform / Webservice), operated by Corevanta Pty Ltd (ACN 695 462 045).
1.2 The platform / webservice is a B2B online marketplace that connects businesses that list industrial goods (Vendors) with businesses that buy them (Buyers). In these Terms, you and your means any registered user, whether a Buyer, a Vendor, or both.
1.3 By creating an account, accessing or using the platform / webservice, you agree to these Terms, our Privacy Policy and any policy or guideline we publish and refer to in these Terms. If you do not agree, do not create an account or use the platform / webservice.
THE SINGLE MOST IMPORTANT CLAUSE
Industrialbay.com.au provides a venue that connects Buyers and Vendors. We are not the buyer, seller, manufacturer, importer, or supplier of any goods listed on the platform / webservice, and we are not a party to any contract of sale formed between a Buyer and a Vendor.
2.1 Every sale is a direct contract between the Buyer and the Vendor. The Vendor is the supplier of the goods for the purposes of the Australian Consumer Law (ACL) and is responsible for the goods, their description, quality, safety, compliance, delivery, invoicing and any consumer guarantees that apply to that supply.
2.2 We do not take title to, hold, inspect, test, store or dispatch goods (unless we expressly say otherwise in writing for a particular service). We do not endorse any Vendor, Buyer, listing or content, and listing on the platform / webservice is not a recommendation by us.
2.3 We do not guarantee that any Buyer or Vendor will complete a transaction or that any goods will meet your requirements. You are responsible for your own due diligence before transacting.
Industrialbay.com.au does not independently verify the legality, safety, conformity, quality, accuracy, certification, origin, ownership or fitness for purpose of products listed by Vendors. Information presented on the platform / webservice is based on documents, records and materials provided by Vendors.
2.4 Where we provide tools (such as messaging, search, ratings, payment facilitation or dispute support), we do so to facilitate transactions between users, not as a party to them.
3.1 You must provide accurate, current and complete information at registration and keep it up to date. You are responsible for all activity under your account and for keeping your credentials confidential. Notify us immediately of any unauthorised use.
3.2 We may verify your identity, business registration (ABN/ACN), or other details, and may refuse, suspend or cancel registration at our reasonable discretion, including where information is false or where required by law.
4.1 When you place an order, you make an offer to buy goods from the Vendor on the Vendor’s terms and these Terms. A contract of sale forms between you and the Vendor when the Vendor accepts the order (or as stated in the Vendor’s listing).
4.2 You are responsible for reviewing listings, specifications, compliance markings and Vendor terms before ordering, and for ensuring goods are fit for your intended use and lawful for you to acquire, import, hold and use.
4.3 Payment, pricing, taxes (including GST), delivery, title and risk are as set out in the Vendor’s listing and terms. Unless stated otherwise, prices are in Australian dollars.
4.4 Returns, refunds, repairs and warranty claims for goods are handled by the Vendor in accordance with the ACL and the Vendor’s published returns policy under RFQ or product details. We may assist by passing on communications or facilitating a dispute, but we are not obliged to provide a remedy for goods we did not supply.
5.1 As between you and Industrialbay.com.au, you are solely responsible for your goods, your dealings with Buyers, fulfilment, delivery, after-sales support, and all consumer guarantee, warranty, product safety, recall and product liability obligations. You must not represent that Industrialbay.com.au is the seller or guarantees your goods.
You must immediately notify Industrialbay.com.au of any recall, safety warning, regulatory action, product ban, defect notice or similar issue affecting goods you list or supply through the platform / webservice.
5.2 To the maximum extent permitted by law, you indemnify Corevanta Pty Ltd, trading through Industrialbay.com.au, against any loss, damage, liability, regulatory penalty, claim, demand, proceeding, and reasonable legal cost that we suffer or incur arising out of or in connection with:
Your liability under this indemnity is reduced to the extent that the relevant loss was caused or contributed to by our negligence, fraud, wilful misconduct, breach of these Terms, or breach of applicable law.
Nothing in this clause excludes, restricts or modifies any consumer guarantee, right, remedy, liability, or obligation that cannot lawfully be excluded, restricted or modified under the Australian Consumer Law or any other applicable law.
For clarity, you remain solely responsible for ensuring that your listings, goods, supply, advertising, warranties, compliance documents and dealings with Buyers comply with all applicable laws. We do not take ownership of goods listed on the platform and do not transfer legal title from a Vendor to a Buyer.
5.3 Fees, commissions and charges (if any) are as set out in your vendor agreement or published fee schedule and may be varied on reasonable notice. The schedule will be displayed on the website.
6.1 Payments may be processed by a third-party payment provider. Your use of payment services is also subject to that provider’s terms. We do not store full card details.
6.2 Where we facilitate payment, we do so as a system workflow for collection between Buyer and Vendor and not as principal, unless we state otherwise in writing. We are not a bank or credit provider.
7.1 You retain ownership of content you submit (such as listings, images, and reviews) but grant us a non-exclusive, royalty-free, worldwide licence to host, display, reproduce and adapt it for the purpose of operating and promoting the platform / webservice.
7.2 You must only submit content you are entitled to submit, that is accurate, lawful, and not misleading, defamatory, infringing or offensive. Reviews must reflect a genuine transaction or experience.
7.3 We may, but are not obliged to, moderate, edit or remove content. We are not responsible for user-generated content.
8.1 The platform / webservice, including its software, design, text, graphics and the Industrialbay.com.au name and logo, is owned by or licensed to us and protected by law. We grant you a limited, revocable, non-transferable licence to use the platform / webservice for its intended purpose, subject to these Terms.
8.2 You must not copy, scrape, reverse engineer, resell or create derivative works from the platform / webservice except as permitted by law or with our written consent.
You must not, and must not allow any other person to:
9.1 We may investigate suspected breaches and cooperate with law enforcement. Breach may result in content removal, suspension or termination, and we may report unlawful conduct to authorities.
10.1 You may close your account at any time. We may suspend or terminate your access (in whole or part) on reasonable grounds, including breach of these Terms, risk to other users or to us, or where required by law. Where practicable and lawful, we will give notice.
10.2 Termination does not affect rights or obligations that accrued before termination, or any contract of sale already formed between a Buyer and Vendor. Clauses intended to survive (including 5.2, 11, 12, 14 and 15) survive termination.
Nothing in these terms is intended to exclude, restrict or modify any right or remedy you have in statute including guarantees in the Australian consumer law under the competition and consumer act 2010 (cth) or otherwise to the extent that such right or remedy cannot be excluded, restricted or modified under law. Any disclaimer, exclusion, or limitation in these terms applies as provided for in these terms to the full extent permitted by applicable law and subject to any such non-excludable right or remedy.
11.1 We provide the platform / webservice on an “as is” and “as available” basis. To the maximum extent permitted by law, we do not warrant that the platform / webservice will be uninterrupted, error-free, secure, free from defects, or available at any particular time. We are not responsible for the acts, omissions, goods, listings, content, representations, compliance, solvency or performance of any Buyer or Vendor.
11.2 To the fullest extent permitted by applicable law, we expressly disclaim all representations or warranties of any kind, express or implied, relating to the services, any content or any product offered or purchased on or through the services, including without limitation any warranties of products’ condition, quality, durability, performance, accuracy, reliability, fitness for a particular purpose or non-infringement, or any warranties of the content’s accuracy, correctness, completeness, or legality. All such warranties, representations, conditions, and undertakings are hereby expressly excluded. No communication or information, whether oral or written, obtained from or through the services shall create any warranty not expressly stated herein. In addition, we make no representations or warranties regarding suggestions or recommendations of products offered or purchased on or through the services.
11.3 Where we are permitted by law to limit our liability for breach of a Non-excludable Right in relation to services, our liability is limited, at our option, to:
11.4 Subject to your Non-excludable Rights, and to the maximum extent permitted by law, we are not liable for any indirect, special, incidental or consequential loss, loss of profit, revenue, goodwill, opportunity, data or business, or any loss arising from interruption to or unavailability of the platform / webservice.
11.5 to the fullest extent permitted by applicable law, under no circumstances will the total aggregate amount for which the Industrialbay.com.au is liable to you exceed the greater of: (a) the total amount paid to us by you during the 12-month period prior to the act, omission or occurrence giving rise to such liability; (b) $100.00; or (c) the remedy or penalty imposed by the statute under which such claim arises. The foregoing cap on liability shall not apply to liability of a insudtrialbay.com.au for (i) death or personal injury caused by our gross negligence; or for (ii) any injury caused by our fraud or fraudulent misrepresentation. The preceding sentence shall not preclude the requirement for you to prove actual damages.
11.6 Each party must take reasonable steps to mitigate its loss. Our liability is reduced to the extent your act, omission, breach, negligence or failure to mitigate caused or contributed to the loss.
If the competition and consumer act 2010 (cth) or any other legislation provides that there is a guarantee in relation to any service supplied by us in connection with these terms and our liability for failing to comply with that guarantee cannot be excluded but may be limited, then section 11.5 does not apply to that liability and instead, to the fullest extent permitted by law, our liability for such failure to supply services is limited to us supplying the services again or paying the cost of having the services supplied again, at our election.
11.7 Nothing in this clause limits any indemnity given by you under clause 5.2.
11.8 you specifically acknowledge and agree that we shall not be liable for any defamatory, offensive, or illegal conduct by any user of the services.
12.1 Because the sale contract is between the Buyer and the Vendor, disputes about goods, payment, delivery or refunds are primarily between those parties, who must deal with each other in good faith and in accordance with the ACL.
12.2 We may provide a dispute-support process to help users communicate and resolve issues, but we are not an arbitrator, are not obliged to resolve disputes, and any decision we make about platform / webservice access does not determine the parties’ legal rights.
12.3 Industrialbay.com.au is not your agent for any purpose in relation to this Agreement or your use of the Industrialbay.com.au services.
Industrialbay.com.au operates a business-to-business (B2B) online marketplace connecting vendors of industrial products and equipment with business buyers. Because we are an intermediary, personal information may be shared among buyers, vendors, and Industrialbay.com.au. This Policy describes our own handling of personal information. It does not govern how a vendor or buyer independently handles personal information they obtain through a transaction — each is a separate responsible entity for that purpose.
We collect, hold, use, manage and disclose personal information in accordance with the Privacy Act 1988 (Cth) and the Australian Privacy Principles (APPs). By using the platform / webservice, you acknowledge the practices described in this Policy.
Depending on how you interact with the platform / webservice, we may collect the following kinds of personal information:
| Category | Examples |
|---|---|
| Identity & account data | Name, business role/title, username, password (hashed), account preferences. |
| Business & contact data | Company name, ABN/ACN, business address, business email, business phone. |
| Vendor verification data | Information supplied to verify a Vendor, including catalogue/product data, compliance certificates and conformity documentation submitted for review. |
| Transaction & enquiry data | Quotes, orders, enquiries, messages exchanged via the platform / webservice, and records of interactions between buyers and vendors. |
| Payment-related data | Billing details processed by our third-party payment provider. We do not store full card numbers on our own systems. |
| Technical & usage data | IP address, device and browser identifiers, log data, pages viewed, and analytics about how you use the platform / webservice. |
| Marketing data | Subscription preferences, engagement with our communications, and inferences used to tailor content. |
We generally do not collect sensitive information (as defined in the Privacy Act). If we ever need to, we will collect it only with your consent or where otherwise permitted by law.
We collect personal information:
Directly from you — when you register, create or upload a vendor catalogue, make or respond to an enquiry, transact, contact support, or subscribe to communications.
Automatically — through cookies, analytics and server logs when you use the platform / webservice (see Section 13.9).
From third parties — such as our payment provider, identity/ABN verification sources, and fraud-prevention services, where it is unreasonable or impracticable to collect directly from you.
If we receive personal information about you that we did not solicit, we will deal with it in accordance with APP 4, including destroying or de-identifying it where lawful and reasonable to do so.
We handle personal information for the following purposes (the “Primary Purposes”):
We will only use or disclose personal information for a secondary purpose where you would reasonably expect it, where you have consented, or where otherwise permitted under APP 6.
We may disclose personal information to:
Other platform / webservice users — to enable transactions, a buyer’s enquiry and relevant contact details may be disclosed to the relevant vendor, and vice versa, strictly to progress the dealing.
Service providers and sub-processors — including hosting, payment processing, analytics, communications, identity/fraud, and AI infrastructure providers that support the conformity-checking service.
Professional advisers — lawyers, accountants and auditors, under confidentiality.
Acquirers — in connection with any sale, merger or restructure of our business; and
Law enforcement, regulators and others — where required or authorised by law.
We require our service providers to handle personal information consistently with the Privacy Act and only for the purposes for which we engage them.
Industrialbay.com.au primarily stores personal information on servers located in Australia and Asia. However, some of our service providers and sub-processors may store or process personal information outside Australia.
Where we disclose personal information overseas, we take reasonable steps under APP 8 to ensure the recipient handles it consistently with the APPs, including through contractual data-protection commitments. The countries to which personal information may be disclosed currently include:
The countries in which personal information may be stored or processed may vary depending on the location of our service providers and sub-processors, and may include Australia, the United States, the European Union, the United Kingdom and other jurisdictions where our providers operate.
Where you consent to an overseas disclosure after we expressly inform you that APP 8.1 will not apply, we may not be accountable under the Privacy Act for how that overseas recipient handles your information. We will not rely on such consent as a default mechanism.
Industrialbay.com.au may operate a conformity-checking decision-support tool that uses automated processing, including artificial intelligence, to review Vendor product information against applicable standards (which may include AS/NZS, RCM/EESS, CE/EU, ANSI/UL and ISO/IEC standards). This processing may influence whether a product is listed, how it is presented, or whether it is flagged for further review.
Where an automated decision could significantly affect you — for example, by affecting a vendor’s ability to list or sell a product — we:
disclose in this Policy that automated processing is used and the kinds of personal and product information it uses.
retain meaningful human oversight, so that material conformity outcomes can be reviewed by a person; and
provide a means for you to request a review of, or provide further information in relation to, an automated conformity outcome by contacting us using the details in Section 13.14.
The conformity-checking service is a decision-support tool only. It does not verify compliance and is not a substitute for a Vendor’s own legal responsibility to ensure its products comply with applicable laws and standards. Industrialbay.com.au does not warrant the accuracy, completeness or suitability of any automated review or conformity outcome.
The conformity-checking service is provided for information only and does not constitute engineering certification, legal advice, product certification or compliance verification.
We may use your contact and marketing data to send you communications about the platform / webservice, products, and features we consider may be of interest to your business, in accordance with APP 7 and the Spam Act 2003 (Cth).
Every commercial electronic message we send will identify us and include a functional unsubscribe facility. You may opt out at any time by using that facility or by contacting us using the details in Section 13.14. We will action opt-outs promptly.
We do not sell personal information.
We use cookies and similar technologies to operate the platform / webservice, remember your preferences, maintain security, and understand usage. Some cookies are essential; others (such as analytics and, if used, advertising cookies) are optional.
You can control cookies through your browser settings and, where provided, our cookie preferences tool. Disabling some cookies may affect platform / webservice functionality.
We take reasonable steps to protect personal information from misuse, interference, loss, and unauthorised access, modification or disclosure, including access controls, encryption in transit, hashing of credentials, and restricted internal access on a need-to-know basis.
No method of transmission or storage is completely secure. While we work to protect your information, we cannot guarantee absolute security.
We maintain a data breach response plan. If we suffer an eligible data breach likely to result in serious harm under the Notifiable Data Breaches scheme, we will notify the Office of the Australian Information Commissioner (OAIC) and affected individuals as required by Part IIIC of the Privacy Act.
We retain personal information only for as long as necessary for the purposes set out in this Policy, or as required by law, including taxation, financial and consumer-law record-keeping obligations. When personal information is no longer needed, we take reasonable steps to destroy it or de-identify it in accordance with the Privacy Act and APP 11.
Under APP 12 and APP 13, you may request access to the personal information we hold about you and ask us to correct it if it is inaccurate, out of date, incomplete, irrelevant or misleading. You may also request a review of an automated conformity outcome by contacting us using the details in Section 13.14.
To make a request, contact us at support@Industrialbay.com.au. We will respond within a reasonable period (and, for access requests, within 30 days where practicable). We may need to verify your identity first. Where we refuse access or correction, we will provide you with written reasons and information on how to complain, except where doing so would be unreasonable.
We do not charge for making a request, though we may charge a reasonable cost for giving access.
If you believe we have breached the Privacy Act or this Policy, contact us at support@Industrialbay.com.au. We will acknowledge your complaint and aim to resolve it within 30 days.
If you are not satisfied with our response, you may complain to the Office of the Australian Information Commissioner: www.oaic.gov.au / 1300 363 992.
We do not sell products for purchase by children under 18.
We may update this Policy from time to time. The current version will always be available on the platform / webservice, and the “Last updated” date will reflect the latest revision. Where changes are material, we will take reasonable steps to notify you.
You may close your Industrialbay.com.au account at any time, subject to:
Buyers and sellers are generally responsible for any Goods and Services Tax (GST), sales tax, Value Added Tax (VAT) or other taxes that apply to items bought on Industrialbay.com.au. If you have any questions or require more information about your tax obligations, please contact the Australian Taxation Office, your local tax or customs authority, or seek independent tax advice.
In any jurisdiction where Industrialbay.com.au has an obligation to collect tax on consumer purchases made using our services: Industrialbay.com.au may add the applicable tax to the item price displayed to the buyer;
Industrialbay.com.au will calculate 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;
Industrialbay.com.au will collect this tax amount via any means available to us, including collection through the applicable Industrialbay.com.au Payment Entities in the manner described in the Payments Terms of Use, and remit the tax to the relevant authority.
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.
16.1 We may update these Terms from time to time. For material changes, we will give reasonable notice, for example by email or platform / webservice notice, before they take effect. Continued use after the effective date means you accept the updated Terms. If you do not accept, you must stop using the platform / webservice.
16.2 Force Majeure- We shall not be liable for any delay or failure to perform resulting from causes outside our reasonable control, including, but not limited to, acts of God, war, terrorism, riots, embargos, acts of civil or military authorities, fire, floods, accidents, pandemics, strikes, or shortages of transportation facilities, fuel, energy, labour, or materials.
16.3 Legal notices must be sent to the email address you provided during registration. Notice will be deemed given 24 hours after the 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 during registration, in which case notice will be deemed given three days after mailing. We may also give notices by email or via the platform / webservice. You may contact us at support@Industrialbay.com.au.
Notice. You acknowledge and agree that we may give notice to you through email using the latest email address you provided to us, which constitutes effective notice. Therefore, you are responsible for keeping your email address information with us up to date.
16.4 Export Control- You undertake to use the Services and products purchased on or through the Services in compliance with all applicable to Australia or other export and re-export restrictions of relevant jurisdictions.
16.3 You may not assign your rights without our consent; we may assign on notice. A failure to enforce a right is not a waiver. If any provision is unenforceable, it is read down or severed and the rest continues.
16.4 These Terms, together with the documents they refer to, are the entire agreement between you and us about the platform / webservice and supersede prior understandings. They do not affect any separate contract of sale between a Buyer and a Vendor.
17.1 These Terms are governed by the laws of Western Australia and the Commonwealth of Australia. You and we submit to the non-exclusive jurisdiction of the courts of Western Australia.
17.2 If a dispute arises between you and Industrialbay.com.au, we encourage you to contact us first so that we can try to resolve the dispute quickly and cost-effectively. If the dispute is not resolved, the parties may consider alternative dispute resolution, including mediation, before commencing court proceedings.
Informal Dispute Resolution. There may be instances when a Dispute arises between you and us. If that occurs, we are committed to working with you to reach a reasonable resolution. You and we agree that good faith informal efforts to resolve Disputes can result in a prompt, low-cost and mutually beneficial outcome. You and we therefore agree that before either party commences any legal action related to Payment Disputes or arbitration against the other (or initiates an action in small claims court if a party so elects), we will personally meet and confer telephonically or via videoconference, in a good faith effort to resolve informally any Dispute (“Informal Dispute Resolution Conference”). If you are represented by counsel, your counsel may participate in the conference, but you also agree to participate in the conference. The party initiating a Dispute must give notice to the other party in writing of its intent to initiate an Informal Dispute Resolution Conference (“Notice”), which shall occur within forty-five (45) days after the other party receives such Notice, unless an extension is mutually agreed upon by the parties in writing. Notice to us that you intend to initiate an Informal Dispute Resolution Conference should be sent by email to support@industrialbay.com.au. The Notice must include: (1) your name, telephone number, mailing address, email address associated with your Account (if you have one); (2) the name, telephone number, mailing address and email address of your counsel, if any; and (3) a description of your Dispute. The notice must specify a proposed date and time when you are available for an Informal Dispute Resolution Conference; however, you agree to cooperate with industrialbay.com.au in scheduling a mutually agreeable date and time if your proposed date and time is not convenient for industrialbay.com.au
The Informal Dispute Resolution Conference shall be individualized such that a separate conference must be held each time either party initiates a Dispute, even if the same law firm or group of law firms represents multiple users in similar cases, unless all parties agree; multiple individuals initiating a Dispute cannot participate in the same Informal Dispute Resolution Conference unless all parties agree. Engaging in the Informal Dispute Resolution Conference is a condition precedent and requirement that must be fulfilled before commencing arbitration. The statute of limitations and any filing fee deadlines shall be tolled while the parties engage in the Informal Dispute Resolution Conference process required by this section. Failure to appear for the Informal Dispute Resolution Conference without prior notice or extenuating circumstances will be deemed a failure to participate in good faith.
Fees and Costs. The parties shall bear their own attorneys’ fees and costs in arbitration unless the arbitrator finds that either the substance of the Dispute or the relief sought in the Arbitration Notice was frivolous or was brought for an improper purpose. If you or we need to invoke the authority of a court of competent jurisdiction to compel arbitration, then the party that obtains an order compelling arbitration in such action shall have the right to collect from the other party its reasonable costs, necessary disbursements, and reasonable attorneys' fees incurred in securing an order compelling arbitration. The prevailing party in any legal proceeding relating to whether either party has satisfied any condition precedent to arbitration, including the informal dispute resolution process, is entitled to recover their reasonable costs, necessary disbursements, and reasonable attorneys’ fees and costs incurred in litigating the court action or in defending against an improperly commenced arbitration prior to the other party’s completion of the condition precedent.
END OF TERMS.