The market place for second hand, used and new wedding dresses | White Gown AustraliaThe market place for second hand, used and new wedding dresses | White Gown Australia

Terms and Conditions

General Information

 

WhiteGown.com.au is a website operated by White Gown and owned by Not Just Toothbrushes Pty Ltd (ABN 231 176 507 54).

By using or accessing the site you are agreeing that you have read, understood and agreed to be bound by the terms & conditions as set out below. If you do not agree to the terms & conditions then you do not have the right to access or use the site and are required to leave now.

White Gown reserves the right to change terms of this Agreement from time to time, at its sole discretion and without prior notice to you. Each time you use the site, it is your total responsibility to be aware of our current terms and conditions. By continuing to access or use the Site or Services after we have posted a modification on the Site, you are indicating that you agree to be bound by the modified Terms. If the modified Terms are not acceptable to you, your only recourse is to cease using the Site and the Services.

‘Seller’ means an individual person, an entity or a company that has products or services advertised on White Gown.

‘Private seller’ means an individual person that has products or services advertised on White Gown.

‘Retailer seller’ means a seller who chooses the retailer user group within the site. A retail seller must conduct a business of selling products or services operated from retail premises.

Merchant seller means a retailer who has selected to advertise their products on White Gown and to sell their products and/or services direct to the consumer through the internet using their merchant facility.

A ‘buyer’ is a person who is seeking to purchase products from a private seller, retailer or merchant who advertises on White Gown.

The Site

The site is an online advertising medium / marketplace where potential buyers contact sellers directly, negotiate the sale privately or, if the seller is a merchant, purchase their selected items directly from the seller.

White Gown reserves the right at any time, at its sole discretion, to:

  • Reject, cancel or remove any Advertisement from the website with or without warning or delay
  • In addition, White Gown shall have the absolute right without assigning any reason to reject any URL link embodied within the Advertisement.

If your advertisement is removed from the site, then any previously paid moneys for advertising will not be refunded.

 

Advertisements

When submitting information to the site, you assign all copyright of that information to White Gown. If you submit information to the site that is not yours in copyright, it is your responsibility to gain permission from the original owner of that information.

Any photos or phone numbers you provide for advertisement must be yours or you must have permission to use them.

All advertisements placed by retailers must be in stock and available for purchase.

 

Consumer Information

The seller of said products defines the delivery of all products purchased via the site. White Gown bears no liability or responsibility for the safe delivery of any products sold.

 

Refunds

No refunds are issued on any transactions that take place on this website or are linked to this website.

 

Security

When purchasing your financial details are passed through a secure server using the latest 128-bit SSL (secure sockets layer) encryption technology.

 

Merchants and Sellers Obligations

All advertisers on the site must comply with the Australian laws and regulations that apply to fair trading.

Advertisers and Sellers shall not use this site to promote any other site or products outside the services provided on this site.

Sellers agree not to advertise any fake, replica, counterfeit or stolen items on the site.

It is the seller’s obligation to notify White Gown upon the sale of the item in their advertisement.

Sellers must not use the Site to transmit information which could; defame, harass, threaten, menace or offend any person including information that could infringe a third party's rights (including intellectual property rights, rights of privacy or their trade secrets)

Sellers must not knowingly transmit any virus, worm, Trojan horse or any other disabling features to or from the site.

 

Copyright

White Gown owns and retains all intellectual and other proprietary rights in the Site and the Services including but not limited to copyright and trade marks (‘Intellectual Property’).

You must not copy or reproduce the Intellectual Property, nor alter or modify the Intellectual Property or remove any legal notices associated with it other than with the written prior consent of White Gown.

In consideration of White Gown allowing you to access and use the Site and/or Services you grant to White Gown a non-exclusive, payment free, perpetual, irrevocable licence to reproduce, modify, delete, adapt and publish any material you post, upload or otherwise provide us.  

 

Authenticity

White Gown makes no warranties of the authenticity of its advertisers or users on the Site.

 

General Terms and Conditions

White Gown will not permit data mining of any of the content on this site in anyway. White Gown will not permit the use of the Site to send anything which could be considered as spam, or bulk electronic messaging.

Some information on the Site may be derived from external sources. White Gown does not endorse or warrant the accuracy of the editorial or advertising data or accept any liability for inaccuracies or omissions of this information. Content on the Site does not imply a White Gown endorsement of such information.

White Gown may withdraw or alter the material you send us if White Gown deems it to be inappropriate or incorrect.

White Gown will in no way be involved in any transactions between buyer and seller. Buying or selling a product via this Site is the total responsibility of the user, buyer or seller. If White Gown does not act in relation to a breach of any of these terms & conditions, this is not to be interpreted as a waiver of these terms & conditions and White Gown’s rights to it. White Gown will endeavour to display your advertisements in a similar fashion as submitted by you. However White Gown makes no guarantees regarding placement or content of advertisements displayed on the same page as your advertisement.

White Gown can place third party advertisements on any web page of the Site.

White Gown reserves absolute editorial control of advertisements on the site and may terminate, limit or refuse to publish advertisements if White Gown reasonably deems it necessary, not in the best interests of the site or to be offensive or inappropriate for publication and White Gown reserve the right to limit/cancel your access to the WhiteGown.com.au site if White Gown deems it necessary.

White Gown and you are independent. No contractor, agency, partnership, joint venture or employment relationship is created by these terms.

 

You shall use the site in accordance with the General Terms and Conditions and shall not:

  • Upload any Content (as defined below) that violates or infringes another party’s rights of publicity, privacy, copyright, trademark or any other intellectual property right.

  • Use the site to send automated, unsolicited or unauthorised messages, advertising or promotional material or any junk mail, spam, scam or chain letters.

  • Violate any applicable laws, rules or regulations in connection with your access or use of the site.

  • Use the site for any purpose for which it is not designed or intended.

  • Use the site to send, post, or otherwise communicate any Content which is offensive, indecent, threatening, abusive, insulting, harassing, defamatory, libellous, deceptive, fraudulent, tortious, obscene, profane, invasive of another person’s privacy, or racially, ethnically or otherwise objectionable.

  • Upload to, or transmit through the site any software, data, file or link that contains or redirects to a virus, Trojan horse, worm or other harmful components.

  • Use any crawler, robot,  scraper, bot, spider, crawler or any other automated device or means to access, acquire, copy or monitor any portion of the site, or any data or content found or access through the site.

  • Collect any information in respect of other users without their consent.

  • Authorise or encourage anyone to do any of the foregoing.

 

In respect of each item which you offer for sale on the site, that:                                                    

  • You are the owner of the item, and the item is not stolen.

  • The item is not counterfeit and does not infringe upon any third party's copyright, patent, trademark, trade secret or other proprietary or intellectual property rights.

  • The sale of the item complies with all laws and regulations which apply to that item.

 

Limitation of Liability 

You acknowledge and agree that your only right with respect to any problems or dissatisfaction with the services is to request for termination of your account and/or discontinue any use of the services.

In no event shall not just toothbrushes pty ltd, white gown or its subsidiaries, affiliates, partners, suppliers or licensors be liable for any indirect, incidental, consequential, special or exemplary damages arising out of or in connection with your access or use of or inability to access or use the services or any third party content and services, or arising out of or in connection with your conduct or the conduct of other users in connection with the use of the services including without limitation death, bodily injury, emotional distress and/or other damages resulting from communications or meetings with other users or persons you meet through the services, whether or not the damages were foreseeable and whether or not Not Just Toothbrushes Pty Ltd or White Gown was advised of the possibility of such damages. without limiting the generality of the foregoing, Not Just Toothbrushes Pty Ltd or White Gown aggregate liability to you (whether under contract, tort, statute or otherwise) shall not exceed the amount of one Australian dollars only (A$1.00). the foregoing limitations will apply even if the above stated remedy fails of its essential purpose.

 

Indemnity

You will indemnify and hold harmless Not Just Toothbrushes Pty Ltd, White Gown, its subsidiaries, affiliates, partners, suppliers, licensors, shareholders, officers, employees, independent contractors and agents and all successors and/or assigns from and against any and all actions, claims, proceedings, damages, losses, costs and expenses resulting from: (1) your use of the Site; (2) your Content; (3) any use of your Account; (4) your breach of these Terms; (5) your breach of any statutory requirement, duty or law; or (6) your violation of any rights of another person or entity.

 

Privacy

In order for you to register as a seller White Gown needs to collect some personal information. This information may be used for certain follow up services provided by White Gown. Other than personal information, which you send to us for inclusion on your advertisement, White Gown does not disclose your information to third parties. White Gown reserves the right to monitor email enquiries.

 

Disclaimer

Governing Law and Jurisdiction:  the laws of New South Wales, Australia, govern This Agreement.

Each party irrevocably submits to the non-exclusive jurisdiction of the courts of New South Wales, Australia.

In no event shall White Gown be liable for any damages (including, without limitation, damages for loss of data or profit, or due to business interruption,) arising out of the use or inability to use the materials on White Gown Internet website, even if White Gown or a White Gown authorised representative has been notified orally or in writing of the possibility of such damage. Because some jurisdictions do not allow limitations on implied warranties, or limitations of liability for consequential or incidental damages, these limitations may not apply to you. Neither White Gown nor any of its affiliates, licensors, suppliers, advertisers, directors, officers, employees, consultants’ agents or any other representatives, are responsible for any indirect incidental, consequential special, exemplary punitive or other damages under any contract relating to site or its materials product or service purchased through the site. The only and exclusive maximum liability for all damages losses and causes of action, whether in contract or otherwise, shall be the total amount paid in listing on this site.

 

Post your comment

White Gown