Your use of the website constitutes your agreement to follow and be bound by these Terms and Conditions. If you do not agree with the Terms and Conditions, please do not use the website.

1. About the Website

  • Welcome to ('Website'). The Website is operated by New Aim Pty Ltd (ABN 50 115 804 432) ('New Aim').
  • Subject to these terms and conditions ('Terms'), the Website enables web-based entrepreneurs ('Approved Retailers' as defined in clause 3 , or 'you') to market and resell:
    1. 'New Aim Products', being products listed on the Website and supplied by New Aim; and
    2. 'Approved Supplier Products', being products listed on the Website and supplied by our approved third party suppliers ('Approved Suppliers'),(together, 'Products') to customers ('Customers') via their own sales channels. New Aim Products are warehoused and delivered by New Aim (or its partners), and Approved Supplier Products are warehoused and delivered by Approved Suppliers (or their partners). In either case, you order the Products from New Aim through the Website, and the Products are delivered directly to your Customers.
  • If you become an Approved Retailer, you may obtain Product information either via the Website or our Sofortig app provided by Shopify ('Shopify app') for the purposes of marketing and reselling the Products through your sales channels (see further below in relation to 'New Aim Content'). New Aim also provides or procures warehousing, picking, packing and delivery services for orders submitted by you on behalf of your Customers (together with access to and use of the Website and New Aim Content, the 'Services')..
  • Access to and use of the Website, or any of its associated Products and/or Services, is provided by New Aim unless specified otherwise. Please read these Terms carefully. By using, browsing, reading and/or creating an Approved Retailer account on the Website, this signifies that you have read, understood and agree to be bound by these Terms. If you are not an Approved Retailer and do not agree with the Terms, you must cease using the Website immediately. If you are an Approved Retailer and do not agree with the Terms (including as updated under clause 1 below), you must cease using the Website and any Services immediately, and provide notice of termination of your Approved Retailer Account to New Aim in accordance with these Terms..
  • New Aim reserves the right to review and change any of the Terms from time to time by updating this page at its sole discretion and the current version of the Terms will always be displayed on this page of the Website. When New Aim updates the Terms, it will use reasonable endeavours to provide you with advance notice of updates to the Terms. Any changes to the Terms take immediate effect from the date of publication. Before you continue, we recommend you keep a copy of the Terms for your records.

2. Acceptance of the Terms

  • You accept the Terms by remaining on the Website and/or by accessing the Services on the Website. You may also accept the Terms by clicking to accept or agree to the Terms where this option is made available by New Aim.

3. Creating an Account

  • To access and use the Services, a prospective retailer must register and create an account with New Aim by making an application via the online form on the Website.
  • The applicant warrants that it provides true, accurate and complete information in its application and that it has the authority to enter into these Terms with New Aim..
  • Upon receiving the application, New Aim may accept the application, reject the application, or request further information from the applicant.
  • If the application is accepted, the applicant will be an "Approved Retailer" and given access to Services as an Approved Retailer and agrees to be bound by the Terms.
  • You may not access the Services and may not accept the Terms if you are not of legal age to form a binding contract with New Aim. When you become an Approved Retailer, you into a binding agreement with New Aim which consists of these Terms, the application and any appendices to these Terms provided by New Aim and accepted by you from time to time. .
  • You must comply with all laws in relation to your use of the Services including the laws of Victoria, Australia, and any local laws if you are located outside Australia.

4. Using the Account

  • Access and use of the Website is limited, non-transferable and allows for the sole use of the Website by the Approved Retailer for the purposes of New Aim providing the Services.
  • The Approved Retailer is responsible for all activity on its Approved Retailer Account and the entity to which the Approved Retailer Account is registered is responsible for all amounts payable in respect of the Approved Retailer Account.
  • The Approved Retailer has the sole responsibility for protecting the confidentiality of its password and must ensure that the Services are kept secure from unauthorised access, use or modification. Use of its password by any other person may result in the immediate cancellation of the Services. The Approved Retailer agrees to immediately notify New Aim of any unauthorised use of its password or any breach of security of which it becomes aware. The Approved Retailer remains responsible for the Approved Retailer Account until such notification is received.
  • The Approved Retailer must not:
    1. '"crawl", "scrape", or "spider" any page in connection with the Products and/or Services or reverse engineer or attempt to obtain the source code of the Services;
    2. violate any laws in connection with its use of the Services. This includes any local, state, federal or international law that applies to either the Approved Retailer or New Aim;
    3. use the Services or Website for any illegal and/or unauthorised use which includes collecting email addresses of other retailers or consumers by electronic or other means for the purpose of sending unsolicited email or unauthorised framing of or linking to the Website;
    4. use the Services to commit any fraud or fraudulent transaction and must immediately contact New Aim if it believes or suspects the occurrence of any fraud.
    5. provide access to or use of any Services to any third party;
    6. introduce any computer virus, backdoor, timebomb, trojan horse, malware or other harmful computer code into any of the Services;
    7. interfere with or disrupt the integrity or performance of the Service; or
    8. upload any materials to the Service which are defamatory, obscene, unlawful or infringe the rights of any person (including privacy rights and intellectual property rights).

5. Placing an Order

  • All orders for Products placed by the Approved Retailer must be in the form prescribed by New Aim from time to time ('Order').
  • Once an Order is placed, it is non-cancellable and non-refundable subject to our Warranty and Returns policy. However, an Order may be cancelled within five (5) minutes of being placed and if the Order is successfully cancelled there will be an alert to that effect. If the Order is received by our office management system or warehouse management system, the Approved Retailer will need to contact the customer service team for return to sender and a restocking fee of 10% of the total price (including shipping) will be deducted from the refund.
  • The Approved Retailer acknowledges that the prices set by New Aim for all Products on the Website include the total cost of the Product and the service fee for your use of the Website. The Approved Retailer is free to charge any price for that Product to the Customer.
  • New Aim will make available to the Approved Retailer information in relation to the Products and Services, including but not limited to Product pricing, images, delivery charges, order forms, tracking, inventory and Product descriptions and dimensions ('New Aim Content') via a datafeed on the Website ('Datafeed'), or the Shopify app. New Aim will use reasonable endeavours to ensure that the New Aim Content is up-to-date, however the Approved Retailer acknowledges that certain information may not be available instantaneously.
  • Product prices in the Datafeed are the current prices as at the date on which the Approved Retailer places an Order with New Aim, regardless of whether such price may only be temporary or transitory in nature.
  • At any time, New Aim may vary the any New Aim Content (including Product and delivery charges). New Aim will provide written notice of such changes prior to their taking effect. It is the Approved Retailer's responsibility to update any New Aim Content used on its selling channels. If the Approved Retailer does not agree to any change, then the Approved Retailer must notify New Aim and immediately remove the relevant New Aim Content from its Websites..
  • The Approved Retailer acknowledges and agrees that the information in Product Listings and New Aim Content has been sourced from third party manufacturers and suppliers (including Approved Suppliers). With respect to New Aim Products, New Aim will use reasonable endeavours to ensure the accuracy and completeness of such information but does not warrant the accuracy or completeness of the information. With respect to Approved Supplier Products, New Aim requires Approved Suppliers to provide complete and accurate information, however New Aim is not responsible for such information and does not warrant the accuracy or completeness of such information..
  • You acknowledge and agree that where we supply New Aim Content via the Shopify app that you are subject to the terms and conditions of a third party. To the extent of any inconsistency between those third party terms and these Terms, these Terms will prevail.

6. Payment and Invoice

  • All pricing and delivery charges will be quoted in Australian dollars (AUD) and are to be paid in Australian dollars.
  • Unless otherwise stated, all prices and delivery charges payable to New Aim are inclusive of GST as defined in A New Tax System (Goods and Services Tax) Act 1999 (Cth).
  • If GST is payable on the supply, the Approved Retailer must pay to New Aim an amount equal to the GST payable at the time of Payment in addition to all prices and delivery charges.
  • New Aim must deliver a tax invoice or adjustment note in relation to the Approved Retailer as the recipient of a taxable supply before New Aim is entitled to any amount for GST.
  • Payment for Orders must be made via PayPal before they are dispatched in accordance with clause 8.
  • The Approved Retailer acknowledges and agrees that New Aim may at any time set-off any amounts owed by the Approved Retailer to New Aim against any amount owed by New Aim to the Approved Retailer (in either case, including any amount due and payable), whether under these Terms or otherwise. Any exercise of such right of set-off by New Aim under this clause is without prejudice to any other rights or remedies which New Aim may have under these Terms or otherwise.

7. Relationship with Customers

  • The Approved Retailer acknowledges and agrees that:
    1. in relation to the Customer, the Approved Retailer transacts directly with the Customer and neither New Aim nor any Approved Supplier has any relationship with the Customer, other than to deliver Products to that Customer on behalf of the Approved Retailer;
    2. neither New Aim nor any Approved Supplier is a party to any transaction between the Approved Retailer and a Customer. Any such transaction must not conflict with the Approved Retailer's obligations to New Aim under these Terms. To the extent of any inconsistency with a Customer transaction, these Terms will prevail; and
    3. the Approved Retailer will ensure that the relevant Customer does not make any claim directly against New Aim or any Approved Supplier, and indemnifies New Aim from and against any loss, cost or expense suffered or incurred by New Aim in managing or defending any such claim.
  • The Approved Retailer sets its pricing for Customers in its sole and absolute discretion.
  • The Approved Retailer, and not the Customer, must liaise with New Aim with respect to all Product inquiries or issues.
  • New Aim's customer service is available to liaise with Approved Retailers for after-sales support. Approved Retailers may contact their account manager for other queries. All queries should be submitted to

8. Transport, Packaging and Delivery

  • New Aim or the relevant Approved Supplier (for the purpose of this clause 8, the 'Shipper') will deliver or arrange for the delivery of the Products to the nominated address of the Customer, as stated in each Order.
  • Orders will be packaged in appropriate standard outer boxes or bags, depending on the type of Product, to allow for a safe transit of the Product to the customer.
  • The Approved Retailer acknowledges and agrees that the Shipper may use its own packing and shipping materials including its own branded outer boxes.
  • The Shipper may arrange transport by any such means and engage in any such couriers or delivery services in its absolute discretion, subject to any special delivery arrangements specified in the Order. The Shipper may also either adjust the delivery charges or refuse delivery of an Order to an area considered by the Shipper, in its reasonable opinion, as remote.
  • The Shipper will use its reasonable endeavours to process and dispatch the Order within 2 Business Days from the date on which New Aim receives an Order.
  • The Shipper will not:
    1. deliver or supply Products to the Customer's PO Boxes; or
    2. permit or allow the Approved Retailer or Customer to arrange for the Products to be picked up or collected from the Shipper's premises.
  • New Aim will handle any delays or damage to deliveries in accordance with its Warranty and Return Policy available on the Website under "My Account".
  • The Approved Retailer agrees to indemnify and hold harmless New Aim from and against all liabilities relating to or in connection with fraudulent Orders, cancellation of Orders, the Customer or Approved Retailer supplying an incorrect address information, or (subject to the Warranty and Return Policy) the Customer's refusal to accept the delivery for change of mind reasons.

9. Title and Risk in the Products

  • Title and risk in and to the Products is transferred to the Approved Retailer on payment of the applicable Order by the Approved Retailer.
  • The Approved Retailer agrees to take all risks and responsibilities in connection with the delivery of the Products until such time the Products are actually delivered to the Customer.

10. Product Availability

  • In the event of a shortage in the stock levels of a particular Product, New Aim will as soon as reasonably practicable inform the Approved Retailer of such shortage via the Datafeed and the Shopify app
  • New Aim may without incurring any liability cancel an Order which has been placed by You due to stock shortages, in which case New Aim will notify you and provide a refund.
  • New Aim can discontinue or vary any of the Products or Services at any time and will not be liable to the Approved Retailer for any direct or consequential loss, including the Approved Retailer's ability to generate revenue through the Products and/or Services.

11. Warranties and Returns

  • Without limiting any of the Approved Retailer's rights under the Australian Consumer Law (contained in Schedule 2 of the Competition and Consumer Act 2010 (Cth) ("ACL")), New Aim warrants that each Product will be free from defects in materials, design and workmanship for the period described in the Product listing ("Warranty").
  • The Warranty period will commence as of the date on which New Aim dispatches the Order from its premises and will generally last for a 12-month period. However, certain Products are provided with a different Warranty period as specified on the Product listing. The Warranty will run alongside any other warranties or guarantees given by the manufacturer or supplier of the Product.
  • All refunds and returns, including for change of mind, are subject to New Aim's Refund Policy as set out on the Website.

12. Intellectual Property

  • All intellectually property rights (including copyright, patents and rights in respect of trade marks and inventions) subsisting in or to the Website (including but not limited to text, graphics, logos, button icons, video images, audio clips, code, scripts, design elements and interactive features), Services, New Aim Content and Products are, as between New Aim and the Approved Retailer, owned or licensed by New Aim.
  • New Aim grants you a limited, personal, non-exclusive, royalty-free, revocable licence for the duration of these Terms to:
    1. use the Website pursuant to these Terms; and
    2. if you are an Approved Retailer, access the Services and use the New Aim Content for the sole purpose of marketing, retailing, and on-selling the Products..
  • With respect to New Aim Content, you:
    1. may only use such content for the purpose of marketing Products acquired from New Aim (and no other supplier);
    2. must use the New Aim Content in accordance with any guidelines published or provided by New Aim from time to time;
    3. must use the most recent version of New Aim Content provided for each Product; and
  • On termination of these Terms, you must immediately cease using all New Aim Content and permanently delete all copies of New Aim Content stored on any device or otherwise in your possession or control, and provide written confirmation to New Aim that this has been completed.
  • New Aim retains all rights, title and interests in and to the Website, the New Aim Content and all related Services. Nothing in these Terms will transfer any:
    1. business name, trading name, domain name, trademark, industrial design, patent, registered design or copyright, or
    2. a right to use or exploit a business name, trading name, domain name, trademark or industrial design, or
    3. a thing, system or process that is the subject of a patent, registered design or copyright (or an adaptation or modification of such a thing, system or process), to you.
  • You acknowledge that all rights, title, interests and remedies in or arising out of the use of any and all of the New Aim Content provided by New Aim, including derivative works, are the exclusive property of and will remain the exclusive property of New Aim. If you become aware of any person making any unauthorised use of New Aim Content which is provided to you, you must inform us promptly and cooperate with us in any investigation into such misuse.
  • You may not, without the prior written permission of New Aim and the permission of any other relevant rights owners: broadcast, republish, up-load to a third party, transmit, post, distribute, show or play in public, adapt or change in any way the New Aim Content or any part of the Services for any purpose, unless otherwise provided by these Terms.

13. Privacy and Confidentiality

  • New Aim takes privacy seriously and any personal information provided through the use of the Website and/or Services is subject to New Aim's Privacy Policy, which is available on the Website.
  • As part of the registration process as an Approved Retailer, or as part of its continued use of the Services, an Approved Retailer may be required to provide personal information about individuals, its business and about Customers to whom the Products are sold, including:
    1. Company name
    2. Australian Business Number
    3. Name
    4. Mailing address
    5. Email address
    6. Telephone number
    7. Selling channels and website URLs
  • The Approved Retailer warrants that any information provided to New Aim in the course of completing the registration process and in using the Services is accurate, correct and up to date. Where third party personal information is provided to New Aim, the Approved Retailer warrants that it has the necessary consents to do so and for New Aim to disclose that information to third parties (such as Authorised Suppliers) in accordance with New Aim's privacy policy, under applicable privacy laws in including the Privacy Act 1988 (Cth).
  • New Aim may use any personal information of Customers for its internal business purposes and to market New Aim products to Customers. The Approved Retailer must notify Customers in its terms and conditions of sale and privacy policy or notices that (i) it discloses the Customer's personal information to New Aim for the purpose of order fulfilment, and (ii) New Aim will handle the Customer's personal information in accordance with New Aim's privacy policy which is available at
  • The Approved Retailer must hold in the strictest confidence all confidential information (being any information disclosed by New Aim in connection with these Terms which is designated as confidential or which is by its nature confidential) and not disclose or permit or cause confidential information to be disclosed to any person other than any of its personnel who require confidential information for the purposes of using the Services, unless such information:
    1. becomes generally available to the public other than as a result of the breach of this clause 8; or
    2. is required to be disclosed in order to comply with relevant laws or legally binding order of a court or government agency, provided that the Approved Retailer has first provided full details of the proposed disclosure to New Aim and provided New Aim with an opportunity to object to the propose disclosure.

14. General Disclaimer

  • Nothing in the Terms limits or excludes any guarantees, warranties, representations or conditions implied or imposed by law, including the Australian Consumer Law (or any liability under them) which by law may not be limited or excluded.
  • Unless expressly specified otherwise in these Terms, to the maximum extent permitted by law:
      1. all terms, guarantees, warranties, representations or conditions in connection with these Terms or any Products or Services are excluded; and
      2. New Aim and Approved Suppliers will not be liable for:

        A. any special, direct, indirect or consequential loss or damage;

    B. loss of profit or opportunity, loss of revenue, loss of sales, loss of data, loss of anticipated savings or wasted expenditure;

    C. damage to goodwill;

    D. losses arising from the unavailability of, or your inability to use any Products or Services; or

    E. any losses arising from not being able to use the Services or the late supply of the Products or Services, suffered or incurred by you or any Customer in connection with the Products or Services, whether arising at common law, under contract, tort (including negligence), in equity, pursuant to statute or otherwise.

  • To the extent permitted by law, New Aim's total liability arising out of or in connection with the Products or Services or these Terms, however arising, including under contract, tort (including negligence), in equity, under statute or otherwise, will not exceed the amount you have paid to us for the relevant Product or Service.
  • To the maximum extent permitted by law, New Aim disclaims, and does not make, any representation, warranty or guarantee of any kind in respect of the Services including without limitation any representation or warranty (i) that they are free of viruses or other harmful components; (ii) that your use of the Services will be secure, uninterrupted or error-free; or (iii) as to the suitability or availability of the Services.

15. Insurance

  • We may require you to maintain, during the Term, adequate insurance (with a reputable insurer) that is appropriate and reflective of the scope of your obligations under these Terms.

16. Termination of Contract

  • The Terms will continue to apply until terminated by either you or by New Aim as set out below:
    1. by either party for any reason by giving 14 days' written notice of termination; or
    2. (by either party with immediate effect if the other party breaches a material term which is not remedied within 14 days of written notice, or the breach is otherwise incapable of remedy.
  • New Aim will fulfil all Orders submitted by Approved Retailers through the Website, which were submitted prior to termination provided the Approved Retailer has paid all outstanding amounts owed to New Aim.
  • Any notice should be sent, in writing, to New Aim to our representatives under clause 7.
  • To the extent permitted by law, New Aim reserves the right to discontinue or cancel an Approved Retailer account at any time and may suspend or deny, in its sole discretion, access to all or any portion of the Website or the Services without notice if you breach any applicable law or provision of these Terms, your conduct adversely impacts New Aim's name or reputation, your conduct violates the rights of another party, you fail to make a payment of an amount owed to New Aim by the due date or you otherwise become insolvent.
  • New Aim reserves the right to cancel an Approved Retailer's account if it remains inactive for three (3) months.

17. Venue and Jurisdiction

  • In the event of any dispute arising out of or in relation to the Website, you agree that the exclusive venue for resolving any dispute shall be in the courts of Victoria, Australia.

18. Governing Law

  • The Terms are governed by the laws of Victoria, Australia. Any dispute, controversy, proceeding or claim of whatever nature arising out of or in any way relating to the Terms and the rights created hereby shall be governed, interpreted and construed by, under and pursuant to the laws of Victoria, Australia, without reference to conflict of law principles, notwithstanding mandatory rules. The validity of this governing law clause is not contested.

19. Severance

  • If any part of these Terms is found to be void or unenforceable by a Court of competent jurisdiction, it may be severed without affecting the enforceability of the other provisions of these Terms.

20. Waiver clause

  • A party's failure or delay to exercise a power or right does not operate as a waiver of that power or right.
  • The exercise of a power or right does not preclude:
    1. Its future exercise; or
    2. The exercise of any other power or right.

21. Subcontracting and Assignment

  • New Aim may subcontract any of the Services at its absolute discretion.
  • No right or interest in the Terms will be assigned, nor any obligation delegated by the Approved Retailer without New Aim's prior written permission.

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