CUSTOMER TERMS & CONDITIONS

Tmart Marketplace Platform

Operated by FLYSUN PTY LTD (Australia)

Last Updated: 24/08/2026

1. INTRODUCTION

These Customer Terms & Conditions (“Terms”) govern access to and use of the Tmart mobile application and website (“Platform”), operated by FLYSUN PTY LTD (“Company”, “we”, “us”).

By creating an account, placing an order, or using the Platform in any manner, you (“Customer”) agree to be bound by these Terms.

Nothing on the Platform constitutes legal, financial, or consumer advice. Customers should rely on their own judgement or seek independent professional advice where required.

2. PLATFORM ROLE (MARKETPLACE DISCLOSURE)

2.1 The Platform operates primarily as a technology marketplace that connects Customers with independent third-party vendors and delivery partners.

2.2 Except where explicitly stated otherwise:

• Vendors are responsible for preparing, selling, and supplying products;
• Delivery partners are responsible for delivery services; and
• The Company acts as a technology intermediary only.

2.3 Where products or services are sold directly by FLYSUN PTY LTD, the Company will be clearly identified as the seller and applicable responsibilities will apply.

3. ELIGIBILITY & ACCOUNT USE

3.1 Customers must:

• Be at least 18 years old;
• Provide accurate and up-to-date information; and
• Use the Platform for lawful purposes only.

3.2 Customers are responsible for maintaining the confidentiality of their account details and all activity conducted through their account.

4. ORDERS & PAYMENTS

4.1 Orders placed through the Platform constitute an offer to purchase from the relevant vendor or seller.

4.2 Prices are determined by vendors, or by the Company where the Company is the seller.

4.3 Payments are processed through secure third-party payment service providers.

The Company does not store credit or debit card details.

4.4 Order acceptance is subject to vendor or seller availability.

5. DELIVERY

5.1 Delivery times displayed on the Platform are estimates only.

5.2 Delays may occur due to traffic, weather, vendor preparation time, or events beyond reasonable control.

5.3 The Company is not liable for delivery delays outside its reasonable control.

6. CANCELLATIONS & REFUNDS

6.1 Cancellation and refund eligibility depends on order status, product type, including prepared food, and applicable law.

6.2 Certain products, including prepared food items, may not be eligible for refunds except where required under law.

6.3 Approved refunds are processed to the original payment method.

6.4 Further details are set out in the Refund & Cancellation Policy, which forms part of these Terms.

7. AUSTRALIAN CONSUMER LAW

7.1 Nothing in these Terms excludes, restricts, or modifies any rights or remedies available under the Australian Consumer Law (ACL).

7.2 Where goods or services fail to meet ACL guarantees, Customers may be entitled to remedies provided by law.

8. USER CONDUCT

Customers must not misuse the Platform, provide false or misleading information, harass vendors or delivery partners, or attempt to bypass the Platform for direct transactions.

Breach of this section may result in suspension or termination of access.

9. DATA & SECURITY DISCLAIMER

9.1 The Company takes reasonable technical and organisational measures to protect Customer information.

9.2 However, no system is completely secure, and the Company does not guarantee absolute security against unauthorised access or data breaches.

9.3 The collection, use, storage, and handling of personal information are also governed by the Company's Privacy Policy.

10. ACCOUNT DELETION & DATA REMOVAL

10.1 Customers may request the deletion of their Tmart account and associated personal information at any time, subject to applicable laws and legitimate business or legal requirements.

10.2 Customers may request account deletion through the account deletion option available within the Tmart application, where available, or through the Company's designated Account Deletion Request webpage.

10.3 When an account deletion request is submitted, the Company will take reasonable steps to process the request and delete or de-identify personal information that is no longer required for legitimate business, legal, security, fraud prevention, dispute resolution, or regulatory purposes.

10.4 Certain information may need to be retained for a limited period where required or permitted by applicable law. This may include transaction records, payment records, tax or accounting records, fraud-prevention information, dispute records, or information necessary to establish, exercise, or defend legal claims.

10.5 Deleting an account may result in the loss of access to:

• Account history;
• Order history;
• Saved addresses;
• Saved preferences;
• Promotional benefits or credits; and
• Other account-related information.

10.6 Account deletion does not automatically cancel orders that have already been placed or remove obligations that arose before the account was deleted.

10.7 Once an account deletion request has been completed, the account may not be recoverable. Customers who wish to use Tmart again may be required to create a new account.

11. LIMITATION OF LIABILITY

To the maximum extent permitted by law:

11.1 The Company is not responsible for product quality issues or acts or omissions of vendors or delivery partners.

11.2 The Company is not liable for indirect, incidental, or consequential losses, including loss of profit or business.

11.3 The Platform is provided on an “as is” and “as available” basis.

12. FORCE MAJEURE

The Company is not liable for failure or delay caused by events beyond its reasonable control, including natural disasters, system outages, strikes, or government actions.

13. ACCOUNT SUSPENSION & TERMINATION

The Company may suspend or terminate access for breach of these Terms, fraudulent or abusive behaviour, or legal or operational risk.

Termination does not affect accrued rights or obligations.

Account termination or suspension does not prevent a Customer from exercising any rights available under applicable Australian law.

14. GOVERNING LAW & JURISDICTION

These Terms are governed by the laws of Australia.

The parties submit to the jurisdiction of the courts of the State or Territory in which FLYSUN PTY LTD is registered, subject to any mandatory rights available to Customers under applicable law.

15. CONTACT INFORMATION

FLYSUN PTY LTD

Email: support@flysun.com.au

Mail: 184 Bellbridge Drive, Hoppers Crossing, VIC 3029, Australia.

For account deletion requests, Customers may also use the designated Tmart Account Deletion Request webpage.

16. ACCEPTANCE

Use of the Platform, including account registration or order placement, constitutes acceptance of these Terms.

By creating a Tmart account, Customers acknowledge that they have read and agreed to these Terms and the Company's applicable Privacy Policy.