First or Nothing Wholesale Portal — Terms & Conditions

Company: First or Nothing Pty Ltd (ABN 37 674 220 458)
Jurisdiction: Australia

Welcome to the First or Nothing wholesale portal (“Portal”). These Terms and Conditions (“Terms”) govern your use of this website, your account, and any wholesale transactions made through it.

By accessing or using the Portal, you agree to comply with these Terms. If you do not agree, please do not use the Portal.

1. Definitions

“We”, “us”, “our” means First or Nothing Pty Ltd (ABN 37 674 220 458).

“You”, “your” means the business or individual accessing and using the Portal.

“Products” means any goods made available through the Portal.

“Retailer Agreement” refers to the legally binding agreement accepted by retailers upon registration.

2. Eligibility and Account Registration

The Portal is available only to registered retailers with a valid Australian Business Number (ABN).

You must provide accurate and complete registration details and keep them up to date.

You are responsible for maintaining the confidentiality of your login credentials and for all activities under your account.

3. Use of the Portal

The Portal may only be used for legitimate wholesale purchasing and business-related activities.

You must not use the Portal for any unlawful purpose, to harm the platform, or to interfere with other users’ access.

We may suspend or terminate access if we reasonably believe your use breaches these Terms or applicable laws.

4. Orders and Pricing

Product availability, descriptions, and pricing are displayed within the Portal and may be updated at any time.

Submitting an order constitutes an offer to purchase; we reserve the right to accept or reject any order.

Prices are in Australian dollars and exclude GST, unless otherwise stated.

Wholesale prices and order requirements are subject to the Retailer Agreement accepted upon registration.

5. Recommended Retail Prices (RRP)

We may provide a Recommended Retail Price (RRP) for guidance purposes.

RRPs are non-binding and intended to maintain brand consistency.

You are free to set your own retail prices in accordance with Australian law.

Advertising below the RRP may affect brand representation and could result in removal of promotional materials from the Portal.

6. Payments

Payments must be made in accordance with the methods and timelines stated on the Portal.

All transactions are processed securely through approved payment providers.

We reserve the right to suspend orders or accounts for non-payment or suspected fraudulent activity.

7. Delivery and Returns

Delivery times are estimates only and may vary.

Risk transfers to you upon delivery of Products to the nominated address.

Damaged, defective, or incorrect goods must be reported within 7 business days of delivery.

Returns and replacements are managed per the Portal’s published returns policy.

8. Intellectual Property

All content on the Portal — including text, images, logos, and designs — is owned or licensed by First or Nothing Pty Ltd.

You may use brand materials only as authorised under your Retailer Agreement.

You must not reproduce, modify, or distribute content without written permission.

9. Confidentiality and Data

Any confidential or non-public information obtained through the Portal must be kept confidential and used only for legitimate business purposes.

Your data will be collected, used, and stored in accordance with our Privacy Policy, available on the Portal.

10. Changes to Terms

We may update or modify these Terms or any Portal features at any time.

Changes take effect upon publication on the Portal.

Continued use of the Portal after changes constitutes acceptance of the updated Terms.

Any modifications to wholesale trading terms are also governed by the Retailer Agreement.

11. Misuse and Termination

We may suspend or terminate access if you:

Provide false or misleading business information;

Breach these Terms or the Retailer Agreement;

Misuse brand materials (e.g., unauthorised logo use, misleading advertising, or misrepresentation of product origin).

Examples of misuse include:

Listing Products under different brand names;

Editing product packaging or marketing in a deceptive way;

Implying exclusive distribution or partnership when none exists.

12. Limitation of Liability

To the maximum extent permitted by law:

We exclude all implied warranties not expressly stated in these Terms.

We are not liable for indirect, consequential, or incidental losses arising from your use of the Portal.

Our total liability for any claim shall not exceed the total amount paid by you for the affected order.

13. Governing Law

These Terms are governed by the laws of New South Wales, Australia. You agree to submit to the exclusive jurisdiction of the courts of New South Wales.

14. Contact

For any questions or concerns about these Terms, please contact:
📧 care@usefon.com
📍 First or Nothing Pty Ltd
ABN 37 674 220 458

Acknowledgment

By using the Portal, you acknowledge that you have read, understood, and agree to these Terms and Conditions and the First or Nothing Retailer Agreement.