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B2B (Wholesale) Terms and Conditions

 

Effective date: 16 September 2025

Please read these Wholesaler Terms (‘Terms’) carefully before proceeding. By registering on this Website and checking the box to agree to these Terms, you confirm that you have read and understood these Terms and you agree to be bound by them.

These Terms apply if you are a Wholesaler and register a wholesale account with us. If you wish to sell or distribute our Products, you must register for and be approved for a wholesale account with us. If you do not register for a wholesale account with us, you may only purchase our products for personal use.

We may modify and update these Terms at any time, without notice. You need to ensure you review the Terms from time to time. In using our Website and services and registering as a wholesaler, you agree to be bound by these Terms as well as any and all general Terms and Conditions posted on our Website from time to time.

DEFINITIONS

“Products” means any products available for sale on our Website.

“Services” means the provision of discounted Products ordered via our Website.

“Wholesaler” means a wholesale client, including a distributer or retailer, who has applied for and been approved for our Services.

“Website” means www.thelowtoxproject.com.au.

“We”, “our”, “us” and “The Low Tox Project” means The Low Tox Project Australia Pty Ltd as Trustee for Harrismin Trust t/a The Low Tox Project (ABN 90 597 357 172) including all directors, employees and contractors from time to time.

“You” means the wholesaler who has registered for the Services provided via this Website.

HOW IT WORKS

WHOLESALE ACCOUNT AND REGISTRATION TERMS

1. Registration Requirement
To access our wholesale program, you must first register as a Wholesaler and apply for an account with The Low Tox Project. Our wholesale program is available exclusively to registered companies and businesses. You must hold and maintain a valid Australian Business Number (ABN) in order to be eligible for, and to continue receiving, our Services.

2. Wholesale Access
Upon review and approval of your application, you will be granted access to purchase our Products at discounted rates below the standard retail pricing, as listed on our Website.

3. Advertising and Promotion
You are permitted to advertise and promote the Products through any lawful means, including on your own website, online store, or digital marketing platforms.

4. Resale Pricing
You may set your own resale pricing for the Products; however, you must not sell any Product for less than the Recommended Retail Price (RRP) as specified to you at the time of purchase. All RRPs are inclusive of GST and are in AUD.

AGREEMENT FOR WHOLESALE SERVICES

To be eligible for and continue to access our Services, you acknowledge and agree to the following:

1. Account Security & Accuracy

  • You will not share your login or account credentials with any other person or entity.
  • You are responsible for ensuring that all contact, payment, and account details are current, complete, and accurate.
  • You warrant that all information you provide to us is true and up-to-date.

2. Privacy Compliance
We manage personal information in accordance with the Australian Privacy Act 1988 (Cth). For more information, refer to our Privacy Policy available on our Website.

3. Legal Compliance
You must comply with all applicable laws, including the Australian Consumer Law (ACL), particularly in relation to the advertising, representation, and resale of our Products.

4. Use of Services
You may not assign, transfer, sublicense, or grant access to our Services to any third party unless expressly permitted under these Terms.

ADVERTISING AND PROMOTION OF PRODUCTS

As an authorised Wholesaler, you may advertise, promote, and sell our Products, subject to the following terms:

1. Conditions of Use
You must:

  • Comply with any advertising rules, brand guidelines, or promotional policies we publish from time to time;
  • Adhere to any geographic or distribution restrictions that we impose at our discretion;
  • Ensure all marketing and advertising is lawful, not misleading or deceptive, and does not damage or misrepresent our brand or reputation.

2. Permitted Resale Scope

  • You may only sell our Products to individual retail consumers for personal or household use.
  • You are strictly prohibited from on-selling our Products to businesses or for commercial redistribution purposes.

3. Right to Restrict Promotion

  • We reserve the right, at any time and at our sole discretion, to direct you to cease any specific advertisement or promotional activity if we consider it to be inconsistent with these Terms, our brand values, or our commercial interests.
  • If directed, you must immediately remove or discontinue the specified advertising or promotion.
  • You agree to indemnify us for any losses, damages, or costs arising from your delay or failure to comply with such a direction.

WHOLESALER INTELLECTUAL PROPERTY LICENCE

Provided you are an approved Wholesaler, and subject to the below Intellectual Property clause, we grant you a limited, non-exclusive, non-transferable, revocable licence to use our intellectual property (“The Low Tox Project IP”) solely for the purpose of promoting and selling genuine Products purchased directly from us.

The Low Tox Project IP includes, but is not limited to, our trademarks, business names, logos, imagery, graphics, product photographs, marketing materials, and any other content or branding associated with The Low Tox Project.

This licence:

  • Only applies to products you have purchased from us;
  • Must not be used in connection with any third-party or counterfeit products;
  • Does not grant ownership or any rights to modify or sub-license The Low Tox Project IP;
  • May be revoked by us at any time, at our sole discretion, upon written notice.

Any unauthorised use of The Low Tox Project IP constitutes a breach of these Terms and may result in immediate termination of your wholesale rights and potential legal action.

PRODUCT LABELLING AND MARKETING

You may advertise or market the Products in any way that you choose provided that in doing so you do not misrepresent us or harm our reputation, and you do not present information which is misleading, deceptive, or contrary to the ACL or any other law or regulation.

WHOLESALE PAYMENT TERMS

If you are a wholesaler, there is a minimum order amount as advised by us.
All wholesale orders incur a processing and shipping fee.
Wholesale orders must be purchased and paid for in full in advance via your account on our Website.

CANCELLATION AND TERMINATION OF WHOLESALE ACCOUNTS

TO CANCEL YOUR ACCOUNT: If you wish to cancel your wholesale account, you are solely responsible for doing so through our website.

WE MAY TERMINATE YOUR ACCOUNT AT ANY TIME: We have the right to terminate your wholesale account for any reason, at any time. You agree that we may, in our sole discretion, terminate or suspend your access to our website with or without notice and for any reason, including, without limitation, breach of these Terms. Any suspected fraudulent, abusive or illegal activity may be grounds for terminating your wholesale account and may be referred to the appropriate law enforcement authorities.

Upon such termination, regardless of the reasons, your right to use the Website immediately ceases and you acknowledge and agree we may immediately deactivate or delete your account and all related information and files. We may also block you from any further access to our Website. We shall not be liable to you or any third party for any claims or damages arising out of any termination or suspension or any other actions taken by us in connection with such termination or suspension.

We are not required to provide any refund or part thereof to you for such termination of your account. Any refund may be determined in our sole discretion, subject to any applicable laws.

REFUNDS AND RETURNS FOR PRODUCTS

You must make all reasonable efforts to handle any customer disputes directly with the customer.

You are not authorised to approve any refunds or returns on our behalf. However, you may choose to provide refunds or returns to the customer in your sole discretion and in accordance with Australian Consumer Law (ACL) provided that you bear the costs of such refunds or returns. We do not permit returns other than in accordance with the ACL and the below terms.

In the event that a Product is defective, you may be required to provide a repair, replacement or refund, in accordance with the ACL as set out in the Consumer and Competition Act 2010 (Cth).

We will cooperate with you in relation to any defective Products and in the event that the customer is entitled to a repair, replacement or refund, we will indemnify you for the costs of such repair, replacement or refund. We will send a replacement and cover the costs of all shipping for any such defective Product return.  Please send the Product with the issue and include the defect issue with detail in writing so we may evaluate and address any concern. We will then replace the Product or provide a refund or credit for any such Product return.

Refunds or Returns for change of mind: all shipping return costs are at the cost of the Wholesaler. You must ensure the Product/s shipped are not damaged and are returned to us as provided to you-in unused, new condition with all packaging intact.

WHOLESALER INDEMNITY

As a Wholesaler, you agree to take all reasonable steps to protect our business interests, brand reputation, and goodwill.

You agree to comply at all times with all applicable laws and regulations, including those under Australian law, in connection with your use of our website, products, and services.

You agree to indemnify and hold us harmless from and against any and all direct, indirect, consequential or incidental loss, damage, liability, cost or expense (including legal costs on a full indemnity basis) that we may incur or suffer as a result of:

  • your use of our website, products, or services;
  • your breach of these Terms; or
  • your breach of any applicable law or regulation.

This indemnity includes, but is not limited to, losses relating to revenue, profit, business interruption, data loss, reputational harm, or any third-party claims arising out of your conduct.

GENERAL

We make no warranty that the Website or Services will meet your requirements or be available on an uninterrupted, secure or error-free basis. We will use our best endeavors to ensure the Website is always available and virus free but from time-to-time, and in some instances, this may not be the case as it may be out of our immediate control. We will endeavor to notify you if the Website becomes unavailable for any lengthy and unusual time period.

You acknowledge and agree that we offer the Products subject to availability, and the Products may be unavailable from time to time.

You agree and acknowledge that the Website uses third party vendors and hosting partners to provide the necessary software, hardware, service and storage.

You agree you will not transmit any viruses, malware, worms, etc. of any kind and that you will not upload, post, host or transmit unsolicited material or messages to the Website.

MODIFICATION OF WEBSITE AND CONTENT

We reserve the right at any time and from time to time to remove, delete, alter or amend any content on the Website or to modify the Website at any time without notice. We shall not be liable to you or any third party for any modification when it is required.

We reserve the right to disclose your name and any other personal details to any law enforcement authority or other competent authority or to any person for the purpose of legal proceedings, prosecution, investigation or any breach or alleged breach of the law or these Terms.

LIABILITY

You agree and acknowledge that we are not liable for any direct, indirect, consequential or incidental loss or damage which may result from your use of our Website, the Products, the Services or any information contained on or linked to them. For the sake of clarity, in no event will we be liable for any consequential, indirect, incidental or special damages of any kind including any damages for loss of revenue, profits, interruption of business, loss or use of data even if the possibility of such loss was made known to us.

This limitation of liability clause includes any reliance by you on the information on the Website, access to or inability to use the Website, or inability to access certain Products. You assume all risk in using the Services and the Products and we cannot be liable for your use of or reliance on the Services or the Products.

While we endeavor to keep the Website up-to-date and correct, we make no representations or warranties of any kind, express or implied, about the completeness, accuracy, reliability, suitability or availability with respect to the Services or any Products for any particular purpose and provide it for your informational purposes and out of our own analysis. Any reliance you place on such information is therefore strictly at your own risk.

ACL: Certain legislation including the Australian Consumer Law (ACL) in the Consumer and Competition Act 2010 (Cth), and similar consumer protection laws and regulations may confer you with rights, warranties, guarantees and remedies relating to the provision of Services by us to you which cannot be excluded, restricted or modified (Statutory Rights).  

Our liability is governed solely by the ACL and these Terms. We exclude all conditions and warranties implied by custom, law or statute except for your Statutory Rights.

Except for your Statutory Rights, all goods and services are provided to you without warranties of any kind, either express or implied; and we expressly disclaim all warranties of any kind including but not limited to implied warranties of merchantability and fitness for a particular purpose.

Our failure to exercise or enforce any right or provision of these Terms shall not constitute a waiver of such right or provision.

INTELLECTUAL PROPERTY

All custom graphics, icons, logos and service names are registered trademarks, copyright, trade or service marks of The Low Tox Project.

All other trademarks or service marks within this Website are the property of their respective owners. Nothing in these Terms grants you any right to use any trademark, service mark, logo, and/or our name or anything you access through our Services, except for the purpose of marketing, advertising and selling the Products via your own website or other platforms.

You agree and acknowledge that we retain all right, title and interest in the Services, including but not limited to the inventions and intellectual property rights contained or embodied within the Services.

You may use the Products and their associated material for the marketing, advertising and selling of Products via your own website, online store, or other platforms, but if you wish to use any copyrighted material from the Website in any other way, you are solely responsible for obtaining written permission in advance. Any unauthorised use of the materials appearing on this Website may violate copyright, trademark and other applicable laws and could result in criminal or civil penalties.

TERMINATION

In the event of any breach of these terms, law or regulation, we will immediately terminate this agreement and all Services without notice. All outstanding fees become immediately due and payable. We are not responsible for fulfilling any further orders and all Services will cease. We do not accept liability for any losses resulting from any termination.

GOVERNING LAW

These Terms of Use are governed by the laws of New South Wales which are in force from time to time and both you and we agree to submit to the exclusive jurisdiction of the Courts of New South Wales for determining any dispute concerning these Terms.