Introduction

The Made in Arnhem Land Marketplace is a collaborative trading platform designed to connect producers, artists, and service providers from Arnhem Land with national and international buyers.

It reflects a spirit of cooperation, authenticity, and community benefit, ensuring that commerce serves as a form of contribution to the wellbeing of Arnhem Land communities.

This document sets out the Terms and Conditions governing participation in the Marketplace, including certification requirements, seller responsibilities, payment systems, and cultural obligations.

All participants agree to uphold the values of respect, integrity, and transparency central to the Made in Arnhem Land initiative.

1. Eligibility and Registration

Participation is open to individuals, businesses, and community organizations that meet the eligibility requirements and agree to these Terms.

Sellers must hold a valid Australian Business Number (ABN), submit accurate registration information, and maintain compliance with Australian Consumer Law and Marketplace policies.

Account verification may include identity checks and confirmation of business details.

2. Made in Arnhem Land Certification System

The Made in Arnhem Land (MIA) Certification System upholds authenticity, quality, and cultural integrity.

Certification is voluntary but strongly encouraged. Certified sellers gain permission to use the Made in Arnhem Land brand and the “100% Arnhem Land Certified” logo, and access to VIP promotional services.

Certification ensures protection of Indigenous Cultural and Intellectual Property (ICIP), promotes ethical trade, and supports transparent sourcing. It includes criteria covering authenticity, cultural integrity, quality standards, and ethical practices. Certification is valid for two years and renewable through review.

Certification Requirements

Certified sellers receive permission to use the 100% Arnhem Land Certification logo only in connection with approved certified products.

Use of the logo on non-certified products or modification of the logo design is strictly prohibited.

The Marketplace reserves the right to suspend listings or revoke certification privileges if misuse of the certification mark is identified.

3. Seller Responsibilities

Sellers must ensure all information provided is accurate, complete, and current. Product descriptions and images must truthfully represent the items offered.

Sellers must comply with all applicable laws and cultural protocols, respond to buyers respectfully, and conduct business with professionalism. Use of the Marketplace must reflect the principles of respect and integrity.

Offensive or misleading conduct may result in suspension.

Sellers retain ownership of their intellectual property but grant the Marketplace a limited license to use approved images and descriptions for promotion.

4. Products and Services

Certified and non-certified suppliers may participate. Certified suppliers include artists, cultural educators, bush food producers, and community enterprises. Non-certified suppliers include freight, transport, charter, construction, insurance, and other service providers contributing to Arnhem Land economic development.

All listings must be lawful, culturally appropriate, and clearly described. Prohibited items include restricted cultural materials, unsafe goods, and products that misrepresent Arnhem Land origin.

Sellers should include the name of the artist, maker, or originating community where applicable, along with relevant cultural context or story associated with the product.

5. Order Management and Delivery

Sellers must confirm orders promptly and dispatch goods within stated timeframes. Packaging must be secure, professionally presented, and, where possible, sustainable. Delays due to weather or logistics must be communicated.

Lost or damaged items must be investigated promptly, and customers compensated or refunded as required. Sellers must maintain records of all orders and communications for 12 months.

Sellers are responsible for dispatching orders within the timeframe stated in their product listing. Sellers should provide tracking information where available and ensure reasonable communication with buyers regarding shipment status.

Authority to Leave (ATL) Deliveries

Where a buyer selects or agrees to “Authority to Leave” delivery instructions, the delivery carrier may leave the package at the delivery address without obtaining a signature from the recipient. By selecting this option, the buyer acknowledges and accepts that the package may be left unattended at the delivery location.

The Marketplace and the seller are not responsible for loss, theft, or damage to packages after they have been delivered in accordance with the Authority to Leave instructions provided by the buyer.

Buyers who do not wish to use Authority to Leave should ensure that an attended delivery option or signature requirement is selected where available.

6. Returns, Refunds and Disputes

All transactions are governed by Australian Consumer Law. Products must be of acceptable quality, fit for purpose, and match their description. Sellers must accept returns or issue refunds where goods are faulty, not as described, or undelivered.

Disputes should be resolved directly between buyer and seller. If unresolved, the Marketplace may mediate and, if necessary, refer matters to consumer protection authorities. Sellers should respond to return or refund requests within a reasonable timeframe and aim to resolve disputes promptly in accordance with Australian Consumer Law.

7. Payments and Fees

Sellers pay a monthly licence fee (in advance) and a sales commission invoiced monthly in arrears. Advertising and optional service fees may also apply. Licence fees secure access to platform tools and support. Commission invoices must be paid within 14 days.

Non-payment may result in suspension or termination. Ask for detailed fees schedule. Sellers are responsible for their own tax compliance. Funds are reconciled monthly. Accounts with repeated non-payment may be terminated.

The Marketplace reserves the right to temporarily withhold payments where necessary to investigate suspected fraud, certification misuse, chargebacks, or other breaches of these Terms.

8. Non-Payment and Suspension

Overdue License Fees

If a monthly license fee remains unpaid for 14 days beyond the due date, the seller will receive a written reminder. Failure to pay within a further seven (7) days may result in automatic suspension of listings and account access until payment is made in full.

Overdue Commission Invoices

Commission invoices not paid within 30 days of issue may incur late-payment interest at the standard commercial rate and trigger account suspension.

Repeated Non-Payment

Repeated or extended non-payment (two or more consecutive billing cycles) may lead to termination under Section 13, loss of certification, and withdrawal of advertising privileges.

Reinstatement

Accounts suspended for non-payment can be reinstated upon full settlement of arrears and administrative review.

The Marketplace reserves the right to recover unpaid fees or commissions through debt-recovery processes where necessary.

9. Community Reinvestment Model

A portion of all Marketplace revenue contributes to the Community Reinvestment Fund. This fund supports training, mentoring, enterprise development, and cultural preservation programs across Arnhem Land.

A key initiative is the Made in Arnhem Land Business Builder Program, which provides mentoring, certification support, and start-up assistance for emerging local entrepreneurs.

Each quarter, allocations are made to projects that strengthen economic participation, digital inclusion, and wellbeing outcomes in Arnhem Land.

Reports on reinvestment outcomes are published annually through the Made in Arnhem Land Impact Report.

10. Intellectual Property and Cultural Ownership

Cultural knowledge, designs, symbols, and stories remain the property of their communities. Sellers must obtain appropriate permissions before listing culturally significant works. Use of cultural imagery or language must be respectful and authorized.

The Marketplace may remove listings that breach ICIP principles or copyright law. All sellers agree to protect the integrity of Arnhem Land's traditional knowledge and avoid the misuse or commercialization of sacred or restricted material.

Cultural attribution must always be clear and accurate.

11. Platform Use Policy

All users must act respectfully, lawfully, and in accordance with Made in Arnhem Land values. Prohibited conduct includes harassment, fraud, offensive language, impersonation, and cultural misrepresentation. Sellers must protect customer data and use the platform responsibly.

All reviews and feedback must be truthful, professional, and based on genuine experience.

Breach of this policy may result in immediate suspension or permanent termination.

12. Privacy and Data Protection

The Marketplace collects and processes personal information from buyers and sellers for the purposes of operating the platform, facilitating transactions, processing payments, delivering orders, and providing customer support. Personal information may include names, contact details, delivery addresses, and payment-related information.

The Marketplace will take reasonable steps to ensure that personal information is stored securely and used only for legitimate operational purposes.

Sellers must only use buyer information for the purpose of fulfilling orders and must not share or misuse personal data obtained through the Marketplace.

13. Legal Terms and Liabilities

The Marketplace acts as an intermediary and is not liable for product quality, authenticity, or delivery delays. Liability is limited to the total value of fees paid by the seller in the previous six (6) months.

Sellers indemnify the Marketplace against any claim or loss arising from their conduct, listings, or breach of these Terms. Neither party will be held liable for events outside their control, including natural disasters, transport disruptions, or government restrictions.

These Terms are governed by the laws of the Northern Territory of Australia.

14. Termination and Suspension

Accounts may be suspended or terminated for breaches, non-payment, or repeated disputes. Sellers may also withdraw voluntarily by written notice. Upon termination, all branding rights and access are revoked, but financial obligations remain.

Appeals may be submitted in writing within 14 days of termination notice. Reinstatement is at the discretion of Made in Arnhem Land Marketplace management.

In the event of account suspension or termination, sellers remain responsible for fulfilling any outstanding confirmed orders unless otherwise agreed with the buyer or directed by the Marketplace.

15. Amendments and Notifications

The Marketplace may update these Terms to reflect operational or legal changes. Sellers will be notified at least 30 days in advance through email, the Seller Dashboard, or the website.

Continued use of the platform after this notice period constitutes acceptance of the new Terms.

Sellers who do not agree may terminate participation before changes take effect.

16. Acknowledgement and Acceptance

By registering or continuing to trade on the Made in Arnhem Land Marketplace, the seller confirms that they:

• Have read and understood the Made in Arnhem Land Marketplace and Certification – Supplier Terms and Conditions;
• Agree to be bound by these Terms in full; and
• Commit to upholding the values of respect, authenticity, and integrity that underpin the Made in Arnhem Land initiative.

Digital acceptance (via tick box or dashboard click) carries the same legal effect as a signed agreement.

Where a seller is a business or organization, the individual accepting the Terms warrants that they have full authority to do so on behalf of that entity.