Terms And Conditions
This User Agreement is effective from, acceptance thereof during registration for those users who accept it through registration of a shoppingtown.info account or services provided Netsky Pty Ltd, acting as the holding company for shoppingtown.info, and from July 1 2019 for all other users.
Welcome to shoppingtown.info. By using this website and any related services or tools ("the shoppingtown.info services"), you agree to the following terms and conditions.
2. Scope and additional terms
In addition to the above, there may be specific policies or rules that apply to your product, conduct or listing on shoppingtown.info, and it is your responsibility to check our Help pages and policies to make sure you comply. When using particular services on our sites, you are subject to any posted policies or rules applicable to services you use through the sites, which may be posted from time to time.
Our policies, including all policies referenced in them, are part of this Agreement and provide additional terms and conditions related to specific services offered on our sites, including but not limited to:
- Cancel Transaction Or Withdraw Order Policy
- Return Policy
- Disallowed Items or Listings Policy
Each of these policies may be amended from time to time, and changes are effective once they are posted on the shoppingtown.info site
All policies or rules are incorporated into this Agreement. Please see the list of terms & conditions and site rules and policies for the details.
3. Using shoppingtown.info
While using the shoppingtown.info services, you will not contravene the content of these terms and conditions or any of the policies of shoppingtown.info. Contraventions may include, but are not limited to not:
- Infringing any laws, policies or regulations or infringing the rights of a party
- Listing items in inappropriate categories or areas on our sites and services
- Using the services if you are legally prohibited from forming binding contracts, such as being a minor or under curatorship
- Failing to make payment for items purchased (if you are a buyer) or to deliver the items purchased from you (if you are a seller), unless the sale has been disputed under one of our policies
- Manipulating the price, content or any other interference with other users' listings
- Any circumvention, manipulation or attempting to circumvent or manipulate the shoppingtown.info fee structure, billing process, fees owed to shoppingtown.info or Feedback rating systems
- Posting false, inaccurate, misleading, defamatory or offensive content
- Posting personal information
- Transferring your shoppingtown.info account, profile or user ID to another party without our consent
- Distributing or posting spam, unsolicited or bulk electronic communications, chain letters or pyramid schemes
- Harvesting or otherwise collecting information about users, including personal information such as email addresses, without their consent
4. Abusing shoppingtown.info
shoppingtown.info has an intellectual property protection team which serves to monitor and ensure that listed items do not infringe upon the copyright, trademark or other intellectual property rights of users or third parties. Please contact our team if you believe that any intellectual property rights have been violated on shoppingtown.info, and the team will investigate
To ensure our sites work properly and to keep the community safe, shoppingtown.info may take steps against any users who contravene the Agreement, policies, or who are creating problems or possible legal liabilities, or who are acting inconsistently with the letter or spirit of our policies. Without limiting any other remedies shoppingtown.info may have, we are entitled to limit, suspend or terminate your access to our service, limit the user capacity for buying or selling in a specific account, prohibit access to the shoppingtown.info shopping services, delay or remove hosted content, or remove, delete, modify or not display listings. We may further take steps to recover any expenses or fees incurred for policy monitoring and enforcement. We may also take any technical or legal steps we deem necessary, in our sole discretion, to keep users off the sites.
We reserve the right to cancel unconfirmed accounts or accounts that have been inactive for a long time, or to modify or discontinue shoppingtown.info services.
5. Content and listings
When you upload or otherwise provide any content to our site, your profile or any listings you grant us a non-exclusive, worldwide, perpetual, irrevocable, royalty-free, sublicensable (through multiple tiers) right to exercise any and all intellectual property rights you hold in the content, in any media known now or in the future and for any other purpose
In addition to the above, if you are the author of the content, you also irrevocably and unconditionally consent, to the maximum extent permitted by law, to shoppingtown.info and its licensees, contractors, assignees and successors, and their licensees and any other person authorised by them:
a) disclosing, reproducing, copying, adapting, publishing, performing, exhibiting, communicating, renting, transmitting or otherwise using the content (and any adaptation or part of the content) anywhere in the world, in any form whatsoever and without identifying you as author of the content
b) doing anything or omitting to do anything in relation to the content (or any adaptation or part of the content) anywhere in the world that would otherwise infringe the moral rights, or any similar non-assignable, personal rights, that you might have
We will provide catalogues of stock images, descriptions and product specifications to assist users in creating their listings. These catalogues may only be used on shoppingtown.info and in connection with your listings and we will not be liable or responsible for inaccuracies in the catalogues. The user remains responsible to ensure the listings are accurate and confirm with the policies of shoppingtown.info and using the catalogues does not amend this responsibility. You further agree not to remove any copyright, trademark, proprietary or identification markings included with the catalogues or create any derivative works based on catalogue content (other than by including them in your listings).
6. Fees and services
Joining shoppingtown.info and listing items on shoppingtown.info is free. We only charge fees to maintain the site as set out in the Fee Schedule. We may choose to temporarily change the fees for our services for promotional events or new services, and such changes are effective when we post the temporary promotional event or new service on the sites.
If you are a seller, you are liable for transaction fees arising out of all sales made using some or all shoppingtown.info services, even if sales are completed, payment made or the sale terms finalised outside of shoppingtown.info. Sellers must meet the minimum requirements as per our seller performance policy as failure to meet these standards may result in additional fees or other actions as set out in the policy.
All fees are quoted in Australian Dollars, unless specifically stated otherwise. You are responsible for paying all fees, taxes and attendant costs associated with the use of our sites and services on time and with a valid and acceptable payment method. If your payment method fails or your account is past due, we may collect any fees owed using any available collections methods, which may include charging other accounts held with us, appointing debt collectors or legal counsel to institute collection proceedings or deducting the amount owed from any positive Paypal account balance or credits you may have.
All items sold over shoppingtown.info that have a value of AUD700 or more must carry delivery insurance to limit the possibility of failed deliveries or disputes between users.
7. Trading on shoppingtown.info and limitation of liability
By using the site, you accept that there are inherent risks when trading online and using our sites, such as the possibility of dealing with underage or fraudulent persons. You will not hold shoppingtown.info responsible for other users' content, actions or inactions, items they list or their destruction of allegedly fake items.
You acknowledge that we are not an auctioneer and merely provide a platform for users to engage in transactions. We are not part of the actual transaction concluded between users and have no control or input in the transactions. We therefore do not guarantee quality, safety or legality of any items or listings, or that the users can perform in terms of the transaction or complete the transaction. We do not take ownership of the items at any time and do not transfer legal ownership of items from the seller to the buyer.
Please take note, shoppingtown.info releases payment to the seller in a transaction once we have received confirmation from the buyer that the item or service listed has been received in good order. If the buyer does not update the order status to reflect receipt, the funds will be held for 30 days plus and plus additional days for the estimated delivery time from seller store to the buyer?s destination. Therefore, it is the seller?s responsibility to follow up with the buyer and request the buyer to update the order status, and to ensure the items are safely delivered to the buyer.
You as user are responsible for ensuring that your listing, selling and any other activities conducted on our site are lawful, and shoppingtown.info accepts no liability in this regard. You must ensure that you comply with all applicable laws, this Agreement and the policies which form part of the Agreement
We cannot guarantee continuous or secure access to the shoppingtown.info services, and their operation may be interfered with by numerous factors outside of our control. Accordingly, to the extent legally permitted, we exclude all implied warranties, terms and conditions. We are not liable for any loss of money, goodwill or reputation, or any special, indirect or consequential damages arising, directly or indirectly, out of your use of or your inability to use the shoppingtown.info services.
To the extent we are able or entitled to limit the remedies available under this Agreement, shoppingtown.info expressly limits its liability for breach of a non-excludable statutory guarantee to the following remedies:
- supplying the service again; the supply of the services again
- paying the costs of providing the services again
As user you release shoppingtown.info (and our officers, directors, agents, subsidiaries, joint ventures and employees) from claims, demands, actions and damages (actual and consequential) of every kind and nature, known and unknown, arising out of or in any way connected with any dispute or disputes that may arise between you and other users of the site.
If you breach this Agreement or our policies in any way, we will be entitled to, without limiting other remedies available us at law, in equity or under this Agreement, without notice to you and in our sole discretion (which shall be exercised reasonably, having regard to the circumstances), delay listing your item, delete your listing, issue you a warning, restrict your activities through our site, temporarily suspend, indefinitely suspend or terminate your membership and refuse to provide our services to you, or require you to pay additional fees.
In addition to the above, the following actions are also viewed as a breach and will result in the above remedies
- we are unable to verify or authenticate any information you provide to us
- we believe that your actions may cause loss or damage to or otherwise unlawfully harm you, our users, third parties or us, our related bodies corporate or affiliates, our directors, employees or agents
- we reasonably believe that any of your information (which includes an item listed on the site) is inappropriate or of an offensive nature.
We will provide you with details on any investigation we take in relation to your membership or account should you commit a breach of this agreement. However for security, confidentiality and privacy reasons, we are not obligated to provide you or other members with further or additional details of such an investigation or further actions taken, other than the initial report or details provided to you.
Our failure to act on a breach by you or others doesn't waive our right to act on subsequent or similar breaches.
Please refer to our Returns Policy for more information about returning products (and related refunds, replacements or repairs). The Returns Policy is incorporated by reference (which means that it forms part of these Terms and Conditions).
10. Restricting funds
To protect against the risk of liability and ensure a safe marketplace, shoppingtown.info may request that the third party payment provider restrict access to the funds in a seller's account based on certain factors, including, but not limited to, selling history, seller performance, returns, riskiness of the listing category or the filing of a case.
This may result in the payment provider restricting or limiting funds in your account in order to manage their risk and exposure.
You agree to authorise any request in terms of this clause.
11. Access and interference
The information contained on this site, and its affiliates, is proprietary or is licensed to shoppingtown.info by our users or third parties. Users are not allowed to use any robot, spider, scraper or other automated means to access the shoppingtown.info services for any purpose without our express written permission, or to bypass our robot exclusion headers or other methods we use to prevent, restrict manage access to the site or services.
Further, you will not overload our system or infrastructure by doing anything that places an unreasonable or disproportionately large load on the infrastructure, or take any steps to interfere or attempt to interfere with the working of the site or Services. We reserve the right in our sole discretion, which will be exercised reasonably, to decide what amounts to an unreasonable or disproportionately large load, or to interference or attempted interference.
12. Intellectual Property
The contents of the shoppingtown.info, including any material, information, data, software, icons, text, graphics, lay-outs, images, sound clips, advertisements, video clips, trade names, logos, trademarks, designs and service marks which are displayed on or incorporated in the site are protected by law, including but not limited to copyright and trade mark law. The content of this site and the Services remain the property of shoppingtown.info and you will not acquire any right, title or interest in or to the content.
Where any of the content has been licensed to shoppingtown.info or belongs to any third party, your rights of use will also be subject to any terms and conditions which that licensor or third party imposes from time to time and you agree to comply with such third party terms and conditions.
You may not copy, reproduce, modify, create derivative works from, distribute or publicly display any content (except for your information) from the sites without the prior express written permission of shoppingtown.info and the appropriate third party, as applicable.
13. Listing conditions
When you list an item or service on shoppingtown.info, you assume full responsibility for the content of the listing and item or service offered, and accept the following listing conditions
- Your listing will be hosted on shoppingtown.info?s sites
- You listing will, at all material times, comply with this Agreement and the policies
- We do not guarantee exact listing durations
- We may revise data in the shoppingtown.info product catalogue to supplement, remove, or correct information; if your listing uses catalogue data that has been revised, those revisions may modify your listing accordingly
- Your listing may not appear in search functions immediately, and may take up to 24 hours to appear. The position your listing received in search and browse results will further be based on certain factors including listing format, title, bidding activity, end time, keywords, price and postage cost, Feedback and detailed seller ratings.
- You will list your item or service in the correct and most relevant category. Where a relevant category does not exist, you can contact our Customer Service centre to create a category.
14. GST on low value imports
Australian Goods and Services Tax (GST) applies to the sale of low value goods (i.e. goods valued at AU $1,000 or less) imported by consumers into Australia.
Our Tax policy contains more detail about the taxes we charge on shoppingtown.info and the content therefore is applicable to these terms and conditions. If you have any questions or require more information, please contact the Australian Taxation Office or seek independent tax advice.
15. Closing your account
You may close your shoppingtown.info account at any time, subject to:
- resolving any outstanding matters (such as a suspension or restriction on your account)
- paying any outstanding fees owing on the account.
We do not provide your personal information to third parties for their marketing or advertising purposes without your explicit consent.
You hereby indemnify and hold harmless shoppingtown.info (and our officers, directors, agents, subsidiaries, joint ventures and employees) against any and all claims, demands or actions, including legal fees and costs, made against us by any third party due to or arising out of your breach of this Agreement, or your infringement of any law or the rights of a third party in the course of using the shoppingtown.info services.
The use of shoppingtown.info is entirely at your own risk and you assume full responsibility for any risk or loss resulting from use of the site or Services or reliance on any information on the site.
Whilst shoppingtown.info takes reasonable measures to ensure that the content of the site is accurate and complete, shoppingtown.info makes no representations or warranties, whether express or implied, as to the quality, timeliness, operation, integrity, availability or functionality of the site or as to the accuracy, completeness or reliability of any information on the site. If any such representations or warranties are made by shoppingtown.info?s representatives, shoppingtown.info shall not be bound thereby.
Any views or statements made or expressed on the site are not necessarily the views of shoppingtown.info, its directors, employees and/or agents.
In addition to the disclaimers contained elsewhere in these Terms and Conditions, shoppingtown.info also makes no warranty or representation, whether express or implied, that the information or files available on the site are free of viruses, spyware, malware, trojans, destructive materials or any other data or code which is able to corrupt, destroy, compromise, disrupt, disable, harm, jeopardise or otherwise impede in any manner the operation, stability, security functionality or content of your computer system, computer network, hardware or software in any way. You accept all risk associated with the existence of such viruses, destructive materials or any other data or code which is able to corrupt, compromise, jeopardise, disrupt, disable, harm or otherwise impede in any manner the operation or content of a computer system, computer network, any handset or mobile device, or your hardware or software, save where such risks arise due to the gross negligence or wilful misconduct of shoppingtown.info, its employees, agents or authorised representatives.
shoppingtown.info thus disclaims all liability for any damage, loss or liability of any nature whatsoever arising out of or in in connection with your access to or use of the site.
19. No agency
Nothing in this agreement will give rise to an agency relationship, and you confirm that shoppingtown.info is not your agent for any purpose in relation to this Agreement or your use of the shoppingtown.info services.
Legal notices must be served on shoppingtown.info's registered agent (in the case of shoppingtown.info) or to the email address you provide to shoppingtown.info during the registration process, alternatively by mail to the address you provided during registration (in your case).
Any notices to shoppingtown.info's registered agent must be given by registered ordinary post (or if posted to or from a place outside Australia, by registered airmail) or by facsimile transmission to shoppingtown.info, 26 Glebe St, Parramatta NSW 2150, Fax: (02) 9633 8889.
Notice will be deemed given 24 hours after email is sent, unless the sending party is notified that the email address is invalid or that the email has not been delivered, and three days after sending for notices sent via mail
21. Legal disputes
Please contact our dedicated Customer Service (CS) department if any dispute arises between you and shoppingtown.info. We aim to provide neutral and cost-effective dispute resolution options, and prefer to resolve the dispute with you directly as soon as possible. If your dispute is not resolved by our CS Department, our chosen address for service of all legal notices, formal disputes or other documentation is the address set out in clause 20 above.
This Agreement will be subject to and governed in all respects by the laws of New South Wales, and you submit irrevocably to the non-exclusive jurisdiction of the courts of New South Wales, Australia.
shoppingtown.info is located at 26 Glebe St, Parramatta, NSW, Australia.
If any part or provision of this Agreement is held to be invalid or unenforceable, only that part or provision so found will be severed and the remaining provisions will remain in effect.
In our sole discretion, we may assign our rights and obligations under this Agreement to another entity. Headings are for reference purposes only and do not form part of this Agreement.
This Agreement contains the entire understanding and agreement between you and shoppingtown.info
We may amend this Agreement at any time by posting the amended terms on shoppingtown.info. We will also notify you of any material amendments through the News Room or Message Centre available on your profile, or directly to the email address linked to your account. Except as stated elsewhere, all amended terms will automatically be effective 30 days after they are initially posted. If you do not accept the changes you should close your account in line with the provisions of this Agreement.
The following Sections survive any termination of this Agreement: Fees and Services, Release, Content and Listings, Liability, Indemnity, Disclaimer, Notices and Legal Disputes.