Conditions of use & sale

1. WELCOME

Welcome to My Local Shops. We are thrilled you are using the My Local Shops site and our related services (our services). Please read our Terms of Use carefully as they set out your rights and responsibilities when you use our services.
By using any of our services you are agreeing to our Terms of Use.Our Terms of Use are a legally binding contract between you and Schmitz Holdings Pty Ltd trading as My Local Shops ABN 68 626 810 919(My Local Shops) and apply whenever you use our services.

2. PRIVACY

We understand your personal information is important to you. We do not provide your personal information to third parties without your consent. Our Privacy Policy details how your information is used when you use our services. You agree that using we can use and process your information in the ways set out in our Privacy Policy.

3. YOUR ACCOUNT

You may need to create an account with My Local Shops to use some of our services either as a seller or a buyer. Here are our terms in relation to your account:

3.1 You are responsible for your account

You are solely responsible for any activity on your account, and to protect and keep your password confidential. Your account is not transferrable.

3.2 Our relationship

These Terms of Use do not create any agency, partnership, joint venture, employment, or franchise relationship between you and My Local Shops regardless of whether you sell, buy or browse using our services.

3.3 Age

You must be 18 years of age to use our services.

3.4 Your content

All information and content you post using our services is your content (your content). This means that you are solely responsible for your content, and any consequences that may result from it.

3.5 Rights to your content

You represent that you have all necessary rights to your content and that you are not infringing any third party’s rights by posting it.

3.6 Permission to use your content

We don’t claim any ownership in your content but you grant My Local Shops permission to use it to help My Local Shops function and grow.

You grant My Local Shops a non-exclusive, worldwide, royalty-free, irrevocable, sub-licensable, perpetual license to exercise all intellectual property rights you have in your content. This allows us to provide our services and to promote the My Local Shops marketplace. You agree not to assert any moral rights or rights of publicity against us for using your content.

3.7 Rights you grant to My Local Shops

We place great value in protecting intellectual property. If your content infringes another person’s intellectual property, we will remove it if we receive proper notice and will notify you if that happens.

3.8 Inappropriate, False or Misleading Content

We want to ensure the My Local Shops site is clean, friendly and usable for everyone. There are certain types of content we don’t want posted on the My Local Shops site (for legal reasons or otherwise). You agree that you will not post any content that is abusive, defamatory. or otherwise offence or in violation of our Terms of Use. You also agree not to post any content that is false and misleading or uses our services in a manner that is fraudulent or deceptive.
We may delete you content if we consider it to be inappropriate or breaches our Terms of Use.

4. YOUR MY LOCAL SHOPS STORE

If you open a store to sell products on the My Local Shops marketplace, the following terms will apply:

4.1 ABN

You must hold a valid ABN to operate a My Local Shops store other than in the circumstance where you are selling products on the handmade/local made section on the My Local Shops marketplace.

4.2 Availability of Products

If a product is noted as being available for immediate collection or dispatch, it must be available for immediate collection during business hours as noted on your My Local Shops store or must be dispatched immediately upon an order being placed.

4.3 Limit to number of Products

My Local Shops may impose a limit of the number of identical Products that may be uploaded per My Local Shops store at any given time.

4.4 Compliance with laws

You are responsible for ensuring your posting, selling and other activities conducted on our site are lawful.
You warrant that you hold and will continue to hold all permits, registrations, licences and qualifications required at law to sell the products you are selling on your My Local Shops store, and will provide evidence of such registrations, licences and qualifications if required by My Local Shops. For the avoidance of doubt, any My Local Shops store selling food, drinks or other consumables must at all times comply with all applicable food safety laws.

4.5 Prohibited Products

For a variety of reasons, we prohibit certain types of products from being sold on the My Local Shops marketplace. Some products present legal risks, other items are inconsistent with our values, are harmful to our community or simply are not in the spirit of My Local Shops. These products include:

  1. alcohol, tobacco, drugs, drug paraphernalia;
  2. pornography and mature content;
  3. illegal items;
  4. hazardous materials and dangerous items; and
  5. items promoting or glorifying violence.

We cannot catalogue every prohibited product but we reserve the right to remove listings that we consider violate these rules. Such listings will be removed from the site, and the seller’s selling privileges may be suspended and/or terminated. If you see anything on My Local Shops that appears to violate these rules, you can report it to us.

5. CHANGING, SUSPENDING OR TERMINATING MY LOCAL SHOPS SERVICES

5.1 By You

You may terminate your account with My Local Shops at any time from your account settings. Terminating your account may not affect the availability of some of your content that you post prior to termination

5.2 By Us

We may suspend or terminate your account and your access to our services or change any of our services at any time without advance notice. If we do, it is important to understand that you don’t have a contractual or legal right to continue to use our services. We will not be liable to you for the effect that any change, suspension or termination of our services may have on you including your income or ability to generate revenue through our services.

6. USING MY LOCAL SHOPS SERVICES

6.1 Items you Purchase

  • (a) We do not take ownership of any products at any time and do not transfer legal ownership of items from the seller to the buyer. We provide the venue; and the products for sale using the My Local Shops marketplaces are produced, listed, and sold directly by independent sellers. This means that My Local Shops can not and does not make any warranties, guarantees, or representations whatsoever about their quality, safety, or even their legality and is only a facilitator introducing the independent seller. We do not manufacture or inspect the products.
  • (b) Any legal claim related to a product you purchase using the My Local Shops marketplace must be brought directly against the seller. You release My Local Shops from any claims related to items sold using our services, including for defective items, misrepresentations by sellers, or items that caused physical injury (like product liability claims).

6.2 Items you Access

You may come across materials that you find offensive or inappropriate while using our services. We make no representations concerning any content posted by users using our services. My Local Shops is not responsible for the accuracy, copyright compliance, legality, or decency of content posted by users that you accessed through our services. You release us from all liability relating to that content.

6.3 People You interact with

My Local Shops connects buyers and sellers. You can use our services to interact with other individuals, either online or in person. However, you understand that we do not screen users of our services, and you release us from all liability relating to your interactions with other users. Please be careful and exercise caution and good judgment in all interactions with others, especially if you are meeting someone in person.

6.4 Warranties

My Local Shops is dedicated to making our services the best they can be, but we’re not perfect and sometimes things can go wrong. You understand that our services are provided as is and without any kind of warranty (express or implied). We are expressly disclaiming any warranties of title, non-infringement, merchantability, and fitness for a particular purpose, as well as any warranties implied by a course of performance, course of dealing, or usage of trade.
We do not guarantee that

  • (a) our services will be secure or available at any particular time or location;
  • (b) any defects or errors will be corrected; or
  • (c) the results of using our services will meet your expectations.

You use our services solely at your own risk.

7. CHANGES TO OUR TERMS OF USE

We may update our Terms of Use from time to time. If we believe that the changes are material, we will let you know by posting the changes through our services or sending you an email or message about the changes. That way you can decide whether you want to continue using our services. Changes will be effective upon the posting of the changes. You are responsible for reviewing and becoming familiar with any changes. Your use of our services following the changes constitutes your acceptance of our updated Terms if Use.

8. INDEMNITY AND RELEASE

If My Local Shops is sued because of something that you did, you agree to indemnify us. That means you’ll defend My Local Shops (including any of our employees) and hold us harmless from any legal claim or demand (including reasonable legal fees) that arises from your actions, your use (or misuse) of our services, your breach of our Terms of Use, or your account’s infringement of someone else’s rights.

If you have a dispute with one or more users, you release us from claims, demands and damages (actual and consequential) of every kind and nature, known and unknown, arising out of or in any way connected with such disputes.

9. OTHER LEGAL TERMS

9.1 Entire Agreement

Our Terms of Use includes the entire agreement between you and My Local Shops.

9.2 Governing Law

Our Terms of Use are governed by the law applicable in Victoria, Australia and you and My Local Shops submit to the non-exclusive jurisdiction of the courts of Victoria, Australia.

9.3 Waiver or Invalid

  • (a) Our failure to act on a breach by you does not waive our rights to act on subsequent or similar breaches.
  • (b) If a term of our Terms of Use is void, illegal or unenforceable, it may be severed without affecting the enforceability of the other provisions in this Agreement.