MyBusiness Direct is a online service where members can easily and inexpensively build and publish websites with all the ecommerce functions necessary to sell their products online.
'MyBusiness Direct', 'us', 'our', 'we' and 'business' refers to ACN 630589516 Pty Ltd trading as MyBusiness Direct found at https://www.mybusiness.direct
'Member', 'membership', 'you' and 'your' refers to anyone who may register or has registered with MyBusiness Direct at https://www.mybusiness.direct/register
'Customer', 'customers' and 'member's customer' refers to anyone who visits a Member's website.
The Member can sell any product from their website(s) other than items which are prohibited by law.
The Member agrees not to offer any item for sale which is counterfeit, fraudulent or of dubious provenance; or infringes upon intellectual property rights.
Each website can display and sell a minimum of 1 product, and a maximum of 200 products. If your website needs more than 200 products please let us know.
Information about your products is uploaded to your website via a spreadsheet.
Individual products may be removed without notice to the Member if deemed by MyBusiness Direct to be contrary to these Terms of Service.
Each product can have a maximum of three images associated with it.
All website images are subject to automated malware and content checks. Files containing malware, or inappropriate content will be deleted without notice to the Member.
The Member agrees to keep their own permanent copies and backups of all their website images. Backups of individual images will not be not available from MyBusiness Direct.
A website can offer more than one delivery service. Any, and all, of the following three delivery services can be offered to your customers at your website:
Click and Collect
The Member will provide a pickup location and pickup times.
The provided pickup location and collection times are displayed publicly on the Member's website.
Lattitude and longitude cooordinates of your pickup location must be provided to display a Google map on the Member's website.
Local Delivery
The Member will provide or organise their own delivery service.
The Member must specify what postcodes they deliver to.
A local delivery fee independent of the number of items delivered, or free delivery, will be calculated and included during the customer's checkout process.
National Delivery
The Member will use a national parcel delivery service.
Any national delivery service can be used by the Member to deliver their orders.
The Australia Post delivery price calculator is available and can be included in the customer's checkout process.
The Australia Post delivery price calculator can be included in the customer's checkout process regardless of the actual national parcel delivery service used by the member.
In the case where there is a significant difference between the delivery cost quoted by the Australia Post delivery price calculator and paid for by the Customer, and the actual cost of delivery, the Member agrees to either honour an order's calculated delivery charge; or contact the Customer and process a refund.
A packaging charge can be included in the customer's checkout process for National Delivery orders. The packaging charge is independent of the delivery quote and is not displayed to the Customer.
The Member is entirely responsible for the provision of their delivery and returns service. MyBusiness Direct is not a party to any delivery and returns activities and is not liable for any issues arising from the Member's provision of a delivery and returns service.
If the Member does require online payments for their customers, an account with the third party payment provider Stripe is required to enable the transfer of funds between Members and Members' customers over the internet.
This requires the existence or establishment of a valid and current account with Stripe under a separate agreement to which MyBusiness Direct is not a party.
The Member understands that all online purchase and refund transactions will involve only the Member, Stripe and the member's customer; and that MyBusiness Direct is not a party to these transactions.
MyBusiness Direct does not warrant Stripe to any extent. MyBusiness Direct will not be responsible or liable for any issues arising from the Member's dealings with Stripe or in relation to the processing of Customer payments and refunds.
MyBusiness Direct has no beneficial agreement with Stripe. We have chosen Stripe because they provide the most secure and inexpensive service.
If the Member does not require online payments for their customers, for example, the Member's website offers a Click & Collect and/or Local Delivery service with inperson payments, but not online sales, then no third party payment provider account is required.
Charges are only applied if and when a registered Member makes their website publicly available.
MyBusiness Direct's fees and charges consist of one monthly invoice generated on the last day of each calendar month.
Monthly invoices consist of one amount coverings all costs for all of the Member's publicly launched websites. Websites are not billed separately.
Monthly invoices are to be paid within 21 days of their date of issue. Non payment of a monthly invoice by the due date will result in a reduction of services. This process is automated.
Monthly invoices are payable via the MyBusiness Direct website, and require the Member to log in.
The way in which fees and charges are calculated, presented and applied to the Member may vary.
The monthly fee is set at the advertised price at the time of creation of a website, locked in for one year and then adjusted to the advertised price on a yearly basis.
As part of the registration process the Member agrees to provide and maintain a functioning email address, and to check that email address regularly.
Email communications from MyBusiness Direct to a Member will be sent to the email address that is recorded in the Member's registration information.
Email communications purporting to be from a Member will be responded to only if they are from the email address that is recorded in the Member's registration information.
MyBusiness Direct may need to respond rapidly to potential breaches of these Terms of Service, hence failure to respond rapidly to emails sent by MyBusiness Direct may result in a reduction of services.
Add our email addresses to your email's contact list so our emails don't go into your spam/junk folder.
You can delete your website anytime you want. The website delete process completes 7 days after the delete process is initiated, that is, there is a 7 day 'pending' period before the website, and all its associated data, is deleted.
During the 7 day period the website will be unavailable to the public. After the 7 day period all the website's content and images are permanently and irretrievably deleted, and the website's subdomain immediately becomes available to other Members.
Unpublished, inactive websites are automatically deleted after one year of inactivity.
Subject to the following conditions, a Member may delete their membership at any time by selecting [Delete] in the 'details' section under 'Members' in the main menu after they login.
If the Member has 1) one or more active or delete pending websites 2) amounts owing from unpaid invoices 3) a suspended membership due to failing to comply with these Terms of Service, the Member's membership cannot be deleted.
After selecting [Delete] a membership will be deleted only after 30 continuous days of account inactivity, where account inactivity means that the Member does not login.
Within this 30 day period a Member can choose not to have their membership deleted by logging in and selecting [UnDelete] in the membership details section. If [UnDelete] is not selected, the membership will still be deleted but after the next 30 days of account inactivity.
The cancellation of a membership, will have no effect on the standing of the now ex-Member with their Payment Provider Service established as part of, and separate from, the establishment of MyBusiness Direct websites.
The Member agrees to comply with these Terms of Service. If you do not agree to all of the Terms of Service of this agreement, then you may not become, or continue to be, a user of this service.
The Member agrees to ensure that they manage their website/s in a way that complies with the Australian Consumer Law.
The Member agrees to ensure that no website operated under their membership will be used for any purpose prohibited by law; and accepts full legal responsibility for all of the content and activity associated with a website created using their membership.
The Member agrees to pay the monthly fee arising out of their use of the MyBusiness Direct service; and agrees to ensure that any lawful tax, levy or surcharge resulting from the Member's use of MyBusiness Direct is paid in full.
The Member agrees that their login and password details will be kept secure; and agrees to indemnify MyBusiness Direct against any and all claims for loss or damage arising from their login and password credentials having been used with or without their knowledge, consent or authority.
The Member agrees not to use the MyBusiness Direct service in any way which infringes on a person's right to privacy; or is abusive, harassing, threatening or defamatory.
The Member agrees that MyBusiness Direct is in no way a legal party to transactions between Members and Members' customers.
The Member agrees to indemnify the owners, managers and staff of MyBusiness Direct against any and all claims for loss or damage by a Member or a Member's customer arising from ther use of MyBusiness Direct.
The Member acknowledges that the availability of particular features of the service may change over time.
The Member is bound by the prevailing Terms of Service.
The prevailing Terms of Service supersede all prior agreements and defines the current obligations of all parties.
The prevailing Terms of Service can be viewed by clicking the Terms of Service (ToS) link on the MyBusiness Direct website.
MyBusiness Direct reserves the right to change these Terms of Service at any time without notice, and post the updated policy on this page.
MyBusiness Direct reserves the right to make decisions and take immediate actions regarding the violation of these Terms of Service.
Should any clause of this agreement conflict with Australian Consumer Law, or any other Australian Law, this conflict is unintentional, and the said clause should be considered waived.
Where MyBusiness Direct fails to enforce any requirement under this Terms of Service, that shall not constitute a waiver of the requirement.
If you have suggestions as to how our Terms of Service could better protect our customers please contact us via the enquiries form on this website.