Facebook Instagram

Terms of Use

  1. APPLICATION OF TERMS

These terms apply to any person or entity acting as a Vendor (‘you/your’) accessing Southside Collective Markers (‘our/the market’).  This market is owned and operated by Anita Savage T/A Southside Collect Market ABN 28 151 809 119 (‘we/our/us’).

By applying to become a vendor at our market, you agree to be bound by these terms set forth.

We reserve the right to amend these terms and conditions from time to time. In the event that these terms and conditions are amended we will post them to our website (www.southsidecollectivemarket.com.au) or by giving you notice in accordance with section 10.  It is your responsibility to ensure that you regularly check our terms and conditions for any updates that may affect you.

These terms and conditions are to be used in conjunction with our Market Rules and our Privacy Policy.

  1. ENTIRE AGREEMENT

This agreement is the entire agreement and understanding between the parties on everything connected with the subject matter of this agreement, and supersedes any prior understanding, arrangement, representation, or agreements between the parties as to the subject matter contained in this agreement.

  1. PRODUCTS AND SERVICES

The market organizer will allocate designated spaces within the market premises to approved registered vendors for the purpose of selling their products or services. The allocation process may include considerations such as the type of goods or services offered and the size of the vendor’s setup.  

The market organizer will plan and coordinate market events, including but not limited to promotional activities, special sales events, or themed market days. This is aimed at enhancing the overall market experience for both vendors and attendees.

The market organizer will facilitate communication between the organizers and registered vendors, providing necessary information, updates, and support to ensure a positive and collaborative market experience.

  1. APPLICATION PROCESS
  • Casual Vendors

All casual vendors, new or returning are required to complete the application process for each market that they wish to attend, including the submission of all required paperwork, product images and insurance documentation as requested by the market.

  • Permanent Vendors

Permanent vendors must complete the application process before submitting a trade request. Once approved, permanent vendors are assigned a site location for each market on the specified dates for that year. To maintain their spot, permanent vendors must reapply at the beginning of the year when the market opens its call for permanent vendor spots.

  • Equal Opportunity

Southside Collective Markets provides Equal Opportunity to all who apply to become a vendor at the market. All decisions regarding vendors that are accepted are based on the market’s business needs, rules and regulations, vendor requirements and qualifications, without regard to race, colour, religion or belief, gender identity, or any other status.

  • Products

Vendors must provide a comprehensive list of products for approval before commencing trade. Any additions to their product offerings require prior approval from the market. Items not approved for sale may be requested for removal by the market. Failure to comply may result in the market cancelling the vendor’s participation in future events without reimbursement of site fees.   If a vendor wishes to change the products that they were originally approved to sell, they must do so in writing to the market organizer: southsidecollectivemarket@gmail.com.  The vendor cannot sell the new products until the market organizer has advised of their approval.

No stallholder is guaranteed exclusivity for their product or service that they may be selling on the day.  The organizers will make every effort to select stallholders in a manner that ensures diversity and minimizes competition among them.

The market will not allow or tolerate the sale of infringe or designer inspire goods.  All vendors are responsible for ensuring that their products are not:

  • infringing upon another person’s intellectual property,
  • are not derogatory, offensive or incite hate,
  • are not Adult in nature (including but not limited to restricted publications or products),
  • items advertised or labelled as medicines,
  • are not associated with illegal use of drugs.

The market vendors reserve the right to say no to certain products at their discretion.

  • Food Vendors

All food vendors, packaged or made onsite, must have knowledge of and compliance with all federal, state and local laws and regulations including required licenses, display of licenses, labelling, display and sale of food products.  The responsibility and compliance to these laws is the responsibility of the vendor and not of the market. All food vendors are required to submit to the market all required licenses and documentations at least 5 business day prior to the market event.  Failure to do so will result in the vendor not being able to trade at the market and a forfeit of their site fees.

Food Trucks:

All electrical equipment must have a current test and tag certification by an appropriately qualified electrician and always maintained in good condition.  Gas bottles must be accompanied by a certificate. Stalls utilizing cooling facilities must have a working thermometer, and those using heating facilities must have an appropriate safety barrier around the heat to protect the public from harm.

  • Insurance

All vendors must possess up-to-date insurance for each market event, with the requirement that the insurance is current at least 5 business day prior to the event. In the event of an insurance update, vendors are responsible for promptly submitting a copy of the new coverage to the market. Failure to do so will result in immediate suspension and/or termination of the vendor’s ability to participate in future markets. The minimum insurance requirement is Public Liability coverage of $10 million. In addition, food vendors or those selling second-hand items, electrical items, toys, beauty and cosmetic products, potions, oils, fragrances, or soaps, as well as vendors offering massage, muscle manipulation, chiropractic services, or similar, are required to have Products Liability insurance also with a coverage of $10 million. Vendors are encouraged to carry additional insurances as they see fit.

  • Acceptance

The market will notify you via email if your application has been approved, denied or requires further information.   If you have been accepted, you will be provided by email, with further instructions on how to pay your site fees. 

  • Fees

The market reserves the right to request site fees to be paid prior to each event. Failure to pay the site fee on or before the due date will result in the vendor’s site being allocated to another paying vendor. Your site will not be confirmed until payment is received by the market.

Each artisan site is charged by site size of 3 meters x 3 meters.  Vendors requiring more space may apply to rent a second site.

Each food site is charged by site size as required.

  • Cancellations

Site fees are non-refundable, except in situations arising from an unavoidable emergency, such as a serious illness or accident. Vendors must notify the market of their inability to attend their booked date, providing a minimum of 7 business days’ notice. If the notice is received as stipulated the vendor will be able to rebook a site at another market event (except for special occasion markets). Failure to provide the required notice will result in the forfeiture of the full site fee.

  • Promotion of External Events

Market stall holders are strictly prohibited from promoting external events within the event premises. This includes distributing fliers, displaying posters, or engaging in word-of-mouth promotion for any external events. Violation of this policy may result in penalties or expulsion from the event.

  1. WEATHER CANCELLATION POLICY

The Market will proceed regardless of weather conditions, and it will only be cancelled if determined to be unsafe for vendors and attendees.  If the Market cancels the market the stall fees paid will be applied for an alternative date. Vendors choosing not to participate due to weather conditions will forfeit their stall fees.

  1. NON-DISPARAGEMENT

You agree not to make any defamatory or disparaging statements or comments to any third party regarding the market, its officers, directors, employees, personnel, agents, policies, services, or products, except as required by law. This provision does not limit your ability to provide reviews or performance assessments of the market’s services.

  1. COLLECTION AND USE OF PERSONAL INFORMATION

When you apply to become a Vendor at our market, we will ask you to provide us with personal information such as your name, address and email address. We will handle all personal information we collect in accordance with our privacy policy, available at [Insert hyperlink to privacy policy] and the applicable law.

We may otherwise collect personal information about you to provide our services and for other purposes as detailed in our privacy policy and as required or permitted under applicable law. This may include disclosing your information to third parties that help us deliver our services, such as information technology suppliers, communication suppliers, and our business partners.

We will handle all personal information we collect in accordance with our privacy policy and the applicable law. Our privacy policy explains:

  • how we store and use, and how you may access and correct your personal information;
  • how you can lodge a complaint regarding the handling of your personal information; and
  • how we will handle any complaint.

If you would like any further information about our privacy policies or practices, please contact us.

By providing your personal information to us, you consent to the collection, use, storage, and disclosure of that information as described in the privacy policy and these terms.

  1. INTELLECTUAL PROPERTY

The market retains ownership rights over its Intellectual Property. You may not duplicate, modify, publish, transmit, participate in the transfer or sale of, create derivative works from, distribute, display, reproduce or perform, or in any way exploit in any format whatsoever any of our intellectual property and/or any of our associated third-party partners, in whole or in part, without our prior written consent.

While attending the market, you agree to comply with the law and respect the intellectual property rights of others. The sale of your products at the market is governed by laws concerning copyright, trademark, patent, and trade secret ownership and use of intellectual property. You agree not to upload, download, display, perform, transmit, or distribute any information or content that violates any party’s copyrights, trademarks, patents, trade secrets, or other intellectual property or proprietary rights.

You further agree to abide by laws regarding copyright, trademark, patent, and trade secret ownership and use of intellectual property. You are solely responsible for any violations of laws and any infringements of intellectual property rights caused by the content you provide, post, transmit, or sell. The burden of proving that any content does not violate any laws or intellectual property rights rests solely with you.

  1. NOTICES

A notice or other communication to a party must be in writing and delivered to that party or that party’s legal representative in one of the following ways:

  • Delivered personally; or
  • Posted to their address via registered post where it will be treated as having been received upon notification of delivery from Australia Post; or
  • Sent by email to their email address when it will be treated as received when the receipt by the recipient’s email server has been received.
  1. SUSPENSION AND TERMINATION

Without prejudice to any other right or remedy available to us, if we consider that you have breached these terms and conditions or we otherwise consider it appropriate, we reserve the right to immediately and without notice, suspend or terminate your access to the market, temporarily or indefinitely.

  1. WAIVER

A waiver of any right or remedy under this Agreement or by law is only effective if given in writing and shall not be deemed a waiver of any subsequent breach or default. Any waiver by any party to a breach of this agreement shall not be deemed to be a waiver of a subsequent breach of the same or of a different kind.

Should a party, fail or delay to exercise any right or remedy provided to them under this agreement or law, it does not prevent or restrict them from further exercising the right or remedy at a later date.

  1. GOVERNING LAW

These terms and conditions are governed by the laws of Queensland, Australia.  You, the Vendor, agree to submit to the non-exclusive jurisdiction of the courts within Queensland.

  1. DISPUTE RESOLUTION

If a dispute arises between the parties neither party can commence any court or arbitration proceedings, except where that party seeks urgent interlocutory relief, unless it has first complied with this clause.

Disputes may arise, but not limited to, out of or in relation to your agreement to these terms and conditions or the relationship of the Parties, including without limitation, any dispute as to the existence, validity, construction, interpretation, negotiation, performance, breach, termination or enforceability of this Agreement.

  • Complaint

The complainant must serve notice in writing on the respondent of the following:

  • the nature of the dispute;
  • the outcome the complainant desires; and
  • the action the complainant believes will settle the dispute.
  • Endeavour to resolve dispute

Within 14 days of the receipt, by the respondent of the notice, the parties must use their best endeavours to amicably resolve any dispute, controversy or claim, whether based on contract, tort or otherwise by negotiation.

  • Mediation

If after those 14 days there are any unresolved issues, the parties will refer their dispute to a mediator nominated by the Resolution Institute, and the parties will participate in good faith in mediation under the Resolution Institute Mediation Rules.

  • Arbitration

If negotiations cannot be reached by way of mediation and one of the parties chooses to resolve the dispute through final and binding arbitration the following applies:

  • The seat of arbitration shall be Queensland, Australia. The law governing this Arbitration Agreement shall be the substantive law that applies in the seat of the arbitration.
  • The dispute shall be resolved by arbitration in accordance with the ACICA Arbitration Rules.
  • The language of the arbitration shall be English.
  • The number of arbitrators shall be 1.
  • Survival of this clause

This clause survives the termination of this agreement.

  1. INDEMNIFICATION

You agree to indemnify, defend and hold harmless Southside Market Collective and our subsidiaries, affiliates, partners, officers, directors, agents, contractors, licensors, service providers, subcontractors, suppliers, interns and employees, from and against any and all liabilities, costs, expenses, damages and losses (including, without limitation, any direct, indirect, special, or consequential losses, loss of reputation and all interest, penalties and legal and other professional costs and expenses, including, without limitation, the cost of internal resources) suffered or incurred as a result of arising from or in connection with your participation in:

  • Any breach or representation or warranties contained in this Agreement.
  • Any actual or alleged defect in any product that you sell or supply including without limitation to non-conforming products.
  • Any violation of any Applicable Laws including costs, additional expenses, customs duties, or assessments, fines, citations, penalties, or Vendor’s failure to comply with any request by the market or a government department for any import or export documentation.
  • Any claim made against you for actual or alleged infringement of a third-party’s Intellectual Property rights arising out of, or in connection with, the manufacturing, supply, sale, or use of the Products that you sell or promote within the market.
  • Any claim made against you by a third-party for death, personal injury or damage to property arising out of, or in connection with the Products that you sell or promote within the market.
  • Any claim made against you by a third-party arising out of, or in connection with, the manufacturing, sale or supply of the Products, to the extent that such claim arises out of the breach, negligent performance or failure in performance.
  1. LIMITIED LIABILITY

This Agreement does not restrict or exempt the vendor’s liability, including but not limited to

  • death or personal injury resulting from negligence;
  • fraud or fraudulent misrepresentation;
  • breach of any express or implied terms of this Agreement;
  • its indemnification obligations under this Agreement; or
  • the wilful default or wilful misconduct of Vendor, its employees, agents or Sub-Contractors.

The market organizer shall not be liable to any vendor, whether in contract, tort (including negligence) or restitution, or for breach of statutory duty or misrepresentation, or otherwise, for any of the following including but not limited to:

  • loss of profit;
  • loss, damage or theft of stall holders property;
  • loss of business; or
  • indirect, special, punitive, or consequential damages suffered by any Vendor that arises under or in connection with this Agreement.
  1. FORCE MAJEURE

Neither party shall be liable to the other party for any loss caused by a Force Majeure Event, due to any failure to observe the terms and conditions of this agreement, where such failure is not within a party’s reasonable control. Such events caused beyond reasonable control including but not limited to:

  • natural disasters such as fire, flood, drought, earthquake or any other event declared as a natural disaster;
  • terrorist attack, civil war, war, armed conflict, imposition of sanctions, or embargo; or
  • riot, strikes, lock downs, restrictions and prohibitions or any other actions by any government or semi government authorities.

If a party is prevented from or delayed in performing any of its obligations under this Agreement due to a Force Majeure Event, the Affected Party shall, as soon as reasonably practicable after the start of the Force Majeure Event but no later than five (5) Business Days from its start, notify the other Party in writing of the Force Majeure Event, the date on which it started, its likely or potential duration, and the effect of the Force Majeure Event on its ability to perform any of its obligations under the Agreement.

The Affected Party shall use all reasonable endeavours to mitigate the effect of the Force Majeure Event.

  1. PRESUMPTION OF ACCEPTANCE

By submitting payment for site fees and participating in the market, you are deemed to have expressly accepted and agreed to comply with the terms and conditions outlined herein.