1. Definitions

• TradeHubAU: The online platform operated by RMR Distribution Pty Ltd, acting as an agent to facilitate transactions between Buyers and Sellers.
• Buyer: A registered user purchasing products through the platform.
• Seller: A registered user offering products for sale through the platform.
• Products: Goods listed for sale on TradeHubAU, including but not limited to tobacco products.
• Platform: The TradeHubAU website and associated services.

2. Role of TradeHubAU

TradeHubAU operates solely as an agent facilitating transactions between Buyers and Sellers. We provide a platform for users to list, browse, and purchase products but do not own, sell, or supply the products listed. All contractual and financial responsibilities, including payment and delivery, are solely between the Buyer and Seller. TradeHubAU is not a party to these transactions and does not assume liability for them.

3. Financial Responsibilities

All financial obligations, including payment for products, taxes, duties, and shipping costs, are the sole responsibility of the Buyer and Seller. TradeHubAU is not responsible for any financial disputes, non-payment, or issues arising from transactions. Buyers and Sellers are encouraged to communicate directly to resolve any financial matters.

4. Claims for Missing, Damaged, or Unsuitable Stock

TradeHubAU does not accept any claims or liability for missing, damaged, or otherwise unsuitable stock. Any issues regarding the condition, quality, or delivery of products must be resolved directly between the Buyer and Seller. Buyers are advised to review product descriptions and terms of sale before purchasing. Sellers are responsible for ensuring accurate product listings and fulfilling orders as described.

5. Compliance with Australian Tobacco Legislation

All Sellers offering tobacco products on TradeHubAU must comply with applicable Australian federal, state, and territory laws, including but not limited to:

• Public Health (Tobacco and Other Products) Act 2023: Governs tobacco product packaging, advertising, and reporting requirements, including plain packaging and graphic health warnings.
• Tobacco Plain Packaging Act 2011 (as amended): Requires plain packaging with no trademarks, logos, or promotional features.
• Competition and Consumer (Tobacco) Information Standard 2011: Mandates specific health warnings and rotation of warnings on packaging.
• State and Territory Regulations: Sellers must adhere to advertising, display, and sale restrictions, which may vary by jurisdiction (e.g., Victoria’s Tobacco Act 1987).
• Age Restrictions: It is illegal to sell tobacco products to persons under 18 years of age. Sellers must verify buyer age as required by law.
• Licensing Requirements: Sellers must hold valid retail or wholesale licenses where required (e.g., Queensland’s Tobacco and Other Smoking Products Act 1998).

TradeHubAU reserves the right to remove listings or suspend users who fail to comply with these regulations.

6. User Responsibilities

• Provide accurate and complete information during registration and transactions.
• Use the platform in compliance with all applicable laws and regulations.
• Not engage in fraudulent, misleading, or deceptive conduct.
• Resolve disputes with other users directly and promptly.

Sellers must ensure product listings are accurate. Buyers are responsible for reviewing listings before purchasing.

7. Australian Consumer Law

Transactions are subject to the Australian Consumer Law (ACL). Sellers must comply with consumer guarantees. TradeHubAU is not liable for breaches of the ACL by Sellers.

8. Limitation of Liability

To the maximum extent permitted by law, TradeHubAU, its officers, employees, and agents are not liable for any loss, damage, or expense arising from:

• Use of the platform or inability to access it.
• Transactions between Buyers and Sellers.
• Unlawful or unauthorized use of the platform.

The platform is provided “as is” without warranty of uninterrupted or error-free service.

9. Intellectual Property

All content on the platform is the property of RMR Distribution Pty Ltd or its licensors. Reproduction without permission is prohibited.

10. Termination

TradeHubAU may suspend or terminate accounts for:

• Breach of these Terms and Conditions.
• Non-compliance with laws.
• Fraudulent or misleading conduct.

Users may terminate their account by contacting support.

11. Dispute Resolution

Disputes between Buyers and Sellers must be resolved directly. TradeHubAU may provide optional support but is not obligated to mediate. Disputes involving TradeHubAU will be governed by Queensland law.

12. Changes to Terms

TradeHubAU may update these Terms at any time. Continued use implies acceptance of the updated terms.