Conditions of use & sale
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
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
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:
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:
- alcohol, tobacco, drugs, drug paraphernalia;
- pornography and mature content;
- illegal items;
- hazardous materials and dangerous items; and
- 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.
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.
8. INDEMNITY AND RELEASE
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
9.2 Governing Law
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.