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Terms of Use

TERMS AND CONDITIONS

www.thepersonalised.com.au

Effective date: 1st May 2024

  1. Introduction

Welcome to The Personalised, a digital marketplace dedicated to promoting and supporting local Australian craft and gift businesses. This platform serves as a hub where local sellers can connect with buyers to offer personalised and unique gift options.

By accessing and using www.thepersonalised.com.au (the “Site”), you agree to be bound by these Terms and Conditions (“Terms”) as well as our Privacy Policy. If you do not agree with any part of these Terms, you should discontinue access and use of the Site immediately.

  1. Definitions

For the purpose of these Terms, the following definitions apply:

  • “Seller” refers to local Australian businesses and, where specified, digital service providers outside Australia who list their personalised gift products on the Site.
  • “Buyer” refers to users who seek to purchase Sellers’ products through the links provided on the Site.
  • “Visitor” refers to any person who browses the Site without registering an account.
  • “Listing” means the product listings created by Sellers on the Site.
  • “Personalised Gifts” are products that have been customised or curated to offer a unique gifting experience, as listed by Sellers on the Site.
  1. Legal Entity

The Site is operated by VEGA Ecommerce Pty Ltd (“we”, “us”, or “our”), a proprietary limited company registered under the Australian Business Number (ABN) 94605627905. Our registered office can be contacted at:

VEGA Ecommerce Pty Ltd
PO BOX 1139 Werribee Plaza,
Hoppers Crossing
Australia
3029

For legal notices or service of documents, please contact us at info@thepersonalised.com.au.

  1. User Eligibility

The Site is intended for use by individuals who are at least 18 years old. By using the Site, you represent and warrant that you meet this age requirement. Access to certain functionalities of the Site may require you to provide proof of age and agree to additional terms and conditions.

  1. Marketplace Nature

The Personalised offers a marketplace that facilitates the visibility and sales of local Australian crafts and gifts by providing marketing support, platform-based communication tools, and customer service for platform navigation assistance. These services aim to enhance user engagement and seller success on the platform.

  1. User Accounts

Users may browse the Site without registering an account. However, Sellers must register an account to create Listings. To register, Sellers must provide accurate and complete information, including their name, business name, business address, email address, and phone number. Account holders are responsible for maintaining the confidentiality of their account login information and are fully responsible for all activities that occur under their account. You must notify us immediately of any unauthorized use of your account or any other security breaches.

  1. User Responsibilities

All users of the Site agree to comply with all applicable laws and regulations in their use of the Site. You agree not to:

  • Misrepresent your identity or affiliation with any person or entity.
  • Use the Site to send or distribute unsolicited communications, advertisements, or spam.
  • Engage in behavior that is harmful, abusive, unlawful, threatening, harassing, blasphemous, defamatory, obscene, pornographic, pedophilic, libelous, invasive of another’s privacy, hateful, or racially or ethnically objectionable, disparaging, relating or encouraging money laundering or gambling, or otherwise unlawful in any manner.
  • Upload or distribute files that contain viruses, corrupted files, or any other similar software or programs that may damage the operation of the Site or another’s computer.

Compliance with these guidelines helps ensure a safe and functional environment for all users. Breaches of these responsibilities may lead to account suspension or termination, at our discretion.

  1. Listing Rules

Sellers are permitted to list personalised gifts and crafts that comply with Australian laws and regulations. Listings must accurately describe the products offered and must not include any prohibited items such as firearms, controlled substances, or materials that violate copyright laws. The following rules apply to all Listings:

  • Listing Limit: Sellers can list up to 25 products for free, with each listing expiring after 90 days. Beyond this, future subscription plans may allow for additional listings.
  • Content Accuracy: Sellers are responsible for ensuring the accuracy and legality of their Listings and for ensuring that the content does not infringe upon the intellectual property rights of others.
  • Prohibited Items: Any listings that include illegal or prohibited items will be removed, and the responsible Seller account may be suspended or terminated.

Please be aware that these terms are subject to future changes based on our business needs and goals. Any such changes will be communicated to our users in advance through appropriate channels.

  1. Intellectual Property Rights

By posting content on the Site, Sellers grant The Personalised a non-exclusive, worldwide, royalty-free license to use, reproduce, adapt, publish, translate, and distribute such content in any existing or future media for the purposes of promoting and operating the Site. Additionally, if you believe that your work has been copied in a way that constitutes copyright infringement, please provide us with the following information:

  • A description of the copyrighted work that you claim has been infringed;
  • A description of where the material that you claim is infringing is located on the Site;
  • Your contact information, including address, telephone number, and email address;
  • A written statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law;
  • A statement by you, made under penalty of perjury, that the above information in your notice is accurate and that you are the copyright owner or authorised to act on the copyright owner’s behalf.
  1. Content Accuracy

The Personalised does not verify the information submitted by users nor guarantee the quality, safety, or legality of the items listed. Consequently, we shall not be liable for any inaccuracies, errors, or reliance placed on any content uploaded by users. Users engage with the Site and any associated transactions at their own risk.

  1. Third-Party Links and Services

The Site may include links to third-party websites or feature services provided by third parties, which are not under the control of The Personalised. These links are provided solely for the convenience of users and do not constitute an endorsement by The Personalised of the content of such external sites. We are not responsible for the content, privacy policies, or practices of any third-party websites or services.

  1. Payments

At present, all financial transactions related to listings are conducted externally between the Buyer and Seller. The Personalised does not facilitate, process, or endorse any of these transactions. Should we decide to offer payment processing in the future, this section of the Terms and Conditions will be updated to reflect new payment protocols and any associated responsibilities.

  1. Transaction Completion

The completion of any transaction initiated via a listing on our Site is solely the responsibility of the Buyer and Seller. The Personalised is not involved in the transaction process and thus disclaims any and all liability related to such transactions. It is the duty of both Buyers and Sellers to ensure that their transactions comply with all applicable laws and regulations.

  1. Delivery and Returns

Since The Personalised only provides a platform for listing products, it does not handle, endorse, or guarantee any aspects related to the delivery, return, or exchange of items listed by Sellers. These matters are solely governed by the individual policies of the Sellers. Buyers are strongly encouraged to review the delivery and return policies of Sellers before completing any transactions.

  1. Cancellations

Cancellation policies are determined by the Sellers and not by The Personalised. As such, any cancellation of transactions and the conditions under which cancellations are accepted should be clearly stated in the Seller’s policies. Buyers should review and agree to these policies prior to making a purchase.

  1. Dispute Resolution

In the event of a dispute between a Buyer and a Seller, or between any user and a third party related to transactions facilitated through our Site, it is encouraged that the parties involved attempt to resolve such disputes amicably. The Personalised is not obliged to mediate or resolve any disputes but may provide assistance at its sole discretion.

  1. Changes to Services

The Personalised reserves the right, at its sole discretion, to modify or discontinue, temporarily or permanently, the website or any services offered therein without notice. We shall not be liable to any user or third party for any modification, suspension, or discontinuance of the service.

  1. Fees and Charges

Currently, The Personalised does not charge any fees for listing up to 25 products. However, this is subject to change and we reserve the right to introduce new fees or modify existing fees at any time, with adequate notice provided to our users. Any future fees related to additional listings or services will be clearly detailed and communicated.

  1. Advertising and Monetisation

The Personalised may include advertisements and promotions on the Site or may offer certain goods or services for sale. These advertisements may be targeted based on the content or the nature of the user activity on the Site. We make no guarantees about the accuracy, currency, content, or quality of the information provided by such advertisements and assume no responsibility for unintended, objectionable, inaccurate, misleading, or unlawful content that may reside in the advertisements.

  1. Data Protection and Privacy

We are committed to protecting the privacy and security of our users’ information. Our Privacy Policy, which outlines how we collect, use, and share information, is an integral part of these Terms. By agreeing to these Terms, you also agree to the practices described in our Privacy Policy. We encourage you to read the Privacy Policy thoroughly to understand our data protection practices.

  1. Termination and Suspension

The Personalised reserves the right to terminate or suspend your account and access to the Site at any time, without notice, for any reason, including, but not limited to, breach of these Terms. Upon termination, your right to use the Site will immediately cease. If you wish to terminate your account, you may simply discontinue using the Site.

  1. Amendments to Terms

We reserve the right to amend these Terms at any time. All amendments to these Terms will be posted on the Site and effective immediately upon posting. Your continued use of the Site following the posting of revised Terms means that you accept and agree to the changes. You are advised to review these Terms periodically for any changes.

  1. Indemnity

You agree to indemnify, defend, and hold harmless The Personalised, its officers, directors, employees, agents, licensors, and suppliers from and against all losses, expenses, damages, and costs, including reasonable attorneys’ fees, resulting from any violation of these Terms or any activity related to your account (including negligent or wrongful conduct) by you or any other person accessing the Site using your account.

  1. Limitations of Liability

The Personalised will not be liable for any direct, indirect, incidental, special, consequential, or exemplary damages, including but not limited to, damages for loss of profits, goodwill, use, data, or other intangible losses (even if The Personalised has been advised of the possibility of such damages), resulting from the use or the inability to use the Site or any other matter related to the Site.

  1. Governing Law

These Terms shall be governed by and construed in accordance with the laws of Victoria, Australia, without giving effect to any principles of conflicts of law. You agree that any legal action or proceeding between you and The Personalised related to these Terms will be conducted in courts located in Victoria, Australia.

  1. Severability

If any provision of these Terms is deemed unlawful, void, or for any reason unenforceable, then that provision shall be deemed severable from these Terms and shall not affect the validity and enforceability of any remaining provisions.

  1. Entire Agreement

These Terms, together with the Privacy Policy and any other legal notices published by The Personalised on the Site, constitute the entire agreement between you and The Personalised concerning the use of the Site. No waiver of any term of these Terms shall be deemed a further or continuing waiver of such term or any other term, and The Personalised’s failure to assert any right or provision under these Terms shall not constitute a waiver of such right or provision.

  1. Contact Information

If you have any questions about these Terms, please contact us at:

Email: info@thepersonalised.com.au

Address: PO BOX 1139, Werribee Plaza, Hoppers Crossing, Australia 3029

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