Terms of Use

THE FOLLOWING DESCRIBES THE TERMS ON WHICH THE KOMPANI PTY LTD OFFERS YOU ACCESS TO OUR FASHIONFINDER.COM.AU SERVICE

Welcome to The Kompani Pty Ltd www.fashionfinder.com.au User Agreement. This Agreement describes the terms and conditions that govern your use of our services at http://www.fashionfinder.com.au/ (the "Site").

If you have any questions, please contact info@fashionfinder.com.au. You must read, agree with and accept all of the terms and conditions contained in this User Agreement and the Privacy Policy, which include those terms and conditions expressly set out below and those incorporated by reference, before you may become a fashionfinder.com.au contributor. We strongly recommend that, as you read this User Agreement, you also access and read the information contained in the other pages and websites referred to in this document, as they may contain further terms and conditions which apply to you as a fashionfinder.com.au contributor.

We may amend this Agreement at any time in our discretion by posting the amended terms on our Site.

Except as stated below, all amended terms shall automatically be effective 30 days after they are initially posted on our Site. If you do not agree with such changes, you must terminate your fashionfinder.com.au contribution listing. This Agreement may not be otherwise amended except in writing signed by you and fashionfinder.com.au.

1. Contribution Eligibility.

Our services are available only to, and may only be used by, individuals / businesses / companies who can form legally binding contracts under applicable law. Without limiting the foregoing, our services are not available to persons under 18 years of age. If you do not qualify, please do not use our services. Further, your fashionfinder.com.au account (including feedback) and User ID may not be transferred or sold to another party.

2. Fees and Services.

There are charges for listing in our Business Directory, Classifieds Directory and advertising areas. Our Fees are available upon request sales@fashionfinder.com.au. We may change our Fees and the fees for our services from time to time. Our changes to the policy are effective after we provide you with at least fourteen (14) days' notice of the changes by posting the changes on the site. However, we may choose to temporarily change our Fees and policy and the fees for our services for promotional events and such changes are effective when we post the temporary promotional event on the site. We may in our sole discretion change some or all of our services at any time. In the event we introduce a new service, the fees for that service are effective at the launch of the service. Unless otherwise stated, all fees are quoted in Australian Dollars. You are responsible for paying all fees associated with using our service and our Site and all applicable taxes (including any goods and services or value added taxes, which will be added to amounts billed to you).

3. Fashionfinder.com.au Trading Terms.

3.1 Our Site acts as a venue to allow any contributor to offer, sell, and inform any type of fashion related product, service or event. We are not involved in the actual transaction between buyers and sellers. As a result, we have no control over the quality, safety or legality of the items or content posted by users on the Site, the truth or accuracy of the listings, the ability of sellers to sell items or the ability of buyers to buy items. We cannot ensure and do not guarantee that a buyer or seller will actually complete a transaction or act lawfully in using our Site.

3.2 Because user authentication on the Internet is difficult, fashionfinder.com.au cannot and does not confirm each user's purported identity.

3.3 Release. Because we are not involved in formulating information content, in the event that you have a dispute with one or more contributors, you release fashionfinder.com.au (and our officers, directors, agents, affiliates, parents, subsidiaries and employees) from claims, demands and damages (actual, special, direct, indirect and consequential) of every kind and nature, known and unknown, suspected and unsuspected, disclosed and undisclosed, arising out of or in any way connected with such disputes.

3.4 Information Control. We may from time to time send you communications and notices regarding your transactions and your account on our Site. Our communications do not represent any endorsement, guarantee or legitimisation of your transactions. You are responsible for completing all transactions you participate in (including monitoring the status and complying with all relevant legal obligations). We do not control, endorse or approve the items, information or content provided by other users which is made available through our system. You may find other users' information to be offensive, harmful, inaccurate, or deceptive. Please use caution, common sense, and practice safe trading when using our Site. Please note that there are also risks of dealing with underage persons or people acting under false pretence.

Additionally, there may also be risks with international trading and dealing with foreign nationals.

5. Listing

5.1 Listing Description. You must be legally able to sell the item(s) you list on our Site. You must describe your item and all terms of sale on the listing page of our Site. Your listings may only include text descriptions, graphics, pictures and other content relevant to the sale of that item. All listed items must be listed in an appropriate category.

5.2 Fraud. Without limiting any other remedies available to fashionfinder.com.au at law, in equity or under this Agreement, fashionfinder.com.au may, in its sole discretion, suspend or terminate your account if we suspect that you (by conviction, settlement, insurance or escrow investigation, or otherwise in our sole discretion) have engaged in fraudulent activity in connection with our Site.

5.3 Manipulation. Neither you, nor any other contributors may manipulate the information of any other listing, nor may you interfere with other contributors area on the site.

6. Your Information.

6.1 Definition. "Your Information" is defined as any information you provide to us or other users in the registration or listing process, in any public message area (including the business directory, classifieds directory) or through any email feature. Your Information includes the descriptions of items / brand / product / event you list or display on our Site as well as any content you post on other web pages within our Site. You are solely responsible for Your Information, and we act as a passive conduit for your online distribution and publication of Your Information. We are not responsible for the accuracy or the originality of the information.

6.2 Restrictions. Your Information (including but not limited to any items listed) must not:
  1. be false, inaccurate or misleading;
  2. be fraudulent or involve the sale of counterfeit or stolen items;
  3. infringe any third party's copyright, patent, trademark, trade secret or other proprietary rights or rights of publicity or privacy;
  4. violate any applicable law, statute, ordinance or regulation (including, but not limited to, those governing export control, consumer protection, unfair competition, criminal law, antidiscrimination or trade practices/fair trading laws);
  5. be defamatory, trade libellous, unlawfully threatening or unlawfully harassing;
  6. be obscene or contain child pornography or, if otherwise adult in nature or harmful to persons under the age of 18 years, shall be distributed only to people legally permitted to receive such content.
  7. contain any content that may be considered to be prohibited or potentially prohibited content for the purposes of the Broadcasting Services Act 1992 (Cth) (for more information about this legislation, please refer to the Internet Industry Association's Codes of Practice located at http://www.iia.net.au or http://www.aba.gov.au);
  8. contain any viruses, Trojan horses, worms, time bombs, cancelbots, easter eggs or other computer programming routines that may damage, modify, delete, detrimentally interfere with, surreptitiously intercept, access without authority or expropriate any system, data or personal information;
  9. create liability for us or cause us to lose (in whole or in part) the services of our ISPs or other suppliers; and
  10. link directly or indirectly to or include descriptions of goods or services that
    a. are prohibited under this Agreement;
    b. you do not have a right to link to or include

Furthermore, you may not list any item on our Site (or complete any transaction that was initiated using our service) that, by paying to us any listing fee or sales commission, could cause us to violate any applicable law, statute, ordinance or regulation.

6.3 License. Solely to enable fashionfinder.com.au to use the information you supply us with, so that we are not violating any rights you might have in that information, you agree to grant us a non-exclusive, worldwide, perpetual, irrevocable, royalty-free, sub licensable (through multiple tiers) right to exercise the copyright, publicity, and database rights (but no other rights) you have in Your Information, in any media now known or not currently known, with respect to Your Information.

7. Access and Interference.

Our Site contains robot exclusion headers and you agree that you will not use any robot, spider, other automatic device, or manual process to monitor or copy our web pages or the content contained herein without our prior expressed written permission. You agree that you will not use any device, software or routine to bypass our robot exclusion headers, or to interfere or attempt to interfere with the proper working of our Site or any transaction being conducted through our Site. You agree that you will not take any action that imposes an unreasonable or disproportionately large load on our infrastructure. Much of the information on our Site is updated on a real time basis and is proprietary or is licensed to fashionfinder.com.au by our users or third parties. You agree that you will not copy, reproduce, alter, modify, create derivative works, or publicly display any content (except for Your Information) from our Site without the prior express written permission of fashionfinder.com.au or the appropriate third party authorised to grant such permission.

8. Breach.

Without limiting other remedies available to fashionfinder.com.au at law, in equity or under this Agreement, we may, in our sole discretion, immediately issue a warning, temporarily suspend, indefinitely suspend or terminate your membership and refuse to provide our services to you if:
  1. you breach this Agreement, the Privacy Policy or the terms and policies those documents incorporate by reference;
  2. we are unable to verify or authenticate any information you provide to us; or
  3. we believe that your actions may cause legal liability for you, our users or us.

9. Privacy.

Fashionfinder.com.au has a Privacy Policy which applies to all members and is incorporated into this User Agreement by reference. Our current Privacy Policy is available for viewing at the fashionfinder.com.au site must read and accept our Privacy Policy upon registration / submission in order to use our Site, and you will continue to be bound by its provisions (and any amendments we make to the Privacy Policy) while you are a member of fashionfinder.com.au.

10. No Warranty.

10.1 WE AND OUR SUPPLIERS PROVIDE OUR WEB SITE AND SERVICES ON AN "AS IS" BASIS AND WITHOUT ANY WARRANTY OR CONDITION, EXPRESS, IMPLIED OR STATUTORY. TO THE EXTENT PERMITTED BY LAW, WE AND OUR SUPPLIERS SPECIFICALLY DISCLAIM ANY IMPLIED WARRANTIES OF TITLE, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. Furthermore we do not guarantee continuous, uninterrupted or secure access to our services, and operation of our Site may be interfered with by numerous factors outside our control.

10.2 To the extent that fashionfinder.com.au and all affiliates and related entities of fashionfinder.com.au are able to limit the remedies available under this Agreement, and subject to Clause 11 of this Agreement, fashionfinder.com.au and all affiliates and related entities of fashionfinder.com.au expressly limit their liability for breach of a non-excludable condition or warranty implied by virtue of any legislation to the following remedies (the choice of which is to be at fashionfinder.com.au sole discretion):
  1. in the case of goods, any one or more of the following:
    i. the replacement of the goods or the supply of equivalent goods;
    ii. the repair of the goods;
    iii. the payment of the cost of replacing the goods or of acquiring equivalent goods; or
    iv. the payment of the cost of having the goods repaired; and
  2. in the case of services:
    i. the supply of the services again; or
    ii. the payment of the cost of having the services supplied again.

10.3 If you are a New Zealand resident and the New Zealand Consumer Guarantees Act 1993 applies to you, you agree that the provisions of the Consumer Guarantees Act 1993 will not apply to the supply of the fashionfinder.com.au services or these terms.

11. Liability Limit.

11.1 IN NO EVENT SHALL WE, OUR AFFILIATES AND RELATED ENTITIES OR OUR SUPPLIERS BE LIABLE FOR LOST PROFITS OR ANY SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES ARISING OUT OF OR IN CONNECTION WITH OUR SITE, OUR SERVICES OR THIS AGREEMENT (HOWEVER ARISING, INCLUDING NEGLIGENCE). YOU AGREE TO ACCEPT SOLE RESPONSIBILITY FOR THE LEGALITY OF YOUR ACTIONS UNDER THE LAWS WHICH APPLY TO YOU. YOU AGREE THAT IMETRIC AND ALL AFFILIATES AND RELATED ENTITIES OF IMETRIC HAVE NO RESPONSIBILITY FOR THE LEGALITY OF OUR MEMBERS' ACTIONS. TO THE EXTENT PERMITTED BY LAW, OUR LIABILITY, AND THE LIABILITY OF OUR SUPPLIERS, TO YOU OR ANY THIRD PARTIES IN ANY CIRCUMSTANCE IS LIMITED TO THE GREATER OF:
  1. THE AMOUNT OF FEES YOU PAY TO US IN THE 12 MONTHS PRIOR TO THE ACTION GIVING RISE TO LIABILITY; AND
  2. AUD$100.

11.2 Notwithstanding the above provisions, nothing in this Agreement is intended to limit or exclude any liability on the part of fashionfinder.com.au and its affiliates and related entities where and to the extent that applicable law prohibits such exclusion or limitation.

12. Indemnity.

You agree to indemnify and hold us and (as applicable) our parent, subsidiaries, affiliates, officers, directors, agents, and employees, harmless from and against any claims, demands, proceedings, losses and damages (actual, special and consequential) of every kind and nature, known and unknown, including reasonable solicitors' fees, made by any third party due to or arising out of your breach of this Agreement or the terms and policies it incorporates by reference, or your violation of any law or the rights of a third party.

13. Legal Compliance.

You shall comply with all applicable domestic (including common law) and international laws, statutes, ordinances and regulations regarding your use of our service and your listing, purchase, solicitation of offers to purchase, and sale of items. Specifically, you must ensure that your activities, items you list, and Your Information you post on our Site do not violate the Broadcasting Services Act 1992 (Cth), the Trade Practices Act 1974 (Cth) and other relevant state-based fair trading legislation. For more information about this legislation and other legislation which may apply to you, please refer to http://www.austlii.edu.au Notwithstanding the successful conclusion of a transaction on our Site, you must ensure strict compliance with any particular formalities which, if not complied with, will either render a transaction void or unlawful (eg. the sale of interests in real property ordinarily requires a written document to be created). YOU ALONE, AND NOT THE KOMPANI, ARE RESPONSIBLE FOR CONFIRMING THAT YOUR ACTIVITIES ARE LAWFUL. YOU MUST ENSURE THAT YOU COMPLY WITH ALL APPLICABLE LAWS. YOU MUST ALSO ENSURE THAT YOU COMPLY WITH ALL CLAUSES OF THIS USER AGREEMENT AND THE PRIVACY POLICY, AND ALL OTHER TERMS AND POLICIES INCORPORATED BY REFERENCE IN THOSE DOCUMENTS.

14. No Agency.

You and fashionfinder.com.au are independent contractors, and no agency, partnership, joint venture, employee-employer or franchiser-franchisee relationship is intended or created by this Agreement.

15. Notices.

Except as explicitly stated otherwise, any notices shall be given by registered ordinary post (or if posted to or from a place outside Australia, by registered airmail) or by facsimile transmission to fashionfinder.com.au, P.O.Box 760 Marleston, SA 5033 Australia, Attention: The Kompani Pty Ltd, Facsimile: +61 8 8352 4048 (in the case of fashionfinder.com.au) or to the email address you provide to fashionfinder.com.au during the registration process (in your case). Alternatively, we may give you notice by certified airmail, postage prepaid and return receipt requested, to the address provided to fashionfinder.com.au during the registration process, or as updated by you as relevant. Any notice shall be deemed given
  1. if sent by email, 24 hours after email is sent, unless the sending party is notified that the email address is invalid,
  2. if sent by pre-paid post, three Business Days after the date of posting, and on the seventh Business Day if sent to or posted from outside Australia, and
  3. if sent by facsimile transmission, on the Business Day the transmission is sent (as long as the sender has a confirmation report specifying the facsimile number listed above, the number of pages sent and the date of the transmission). For purposes of this section, "Business Day" means a day on which banks are open for general business in South Australia, other than a Saturday, Sunday or public holiday.

16. Arbitration.

Any controversy or claim arising out of or in connection with this Agreement may at our discretion be settled by binding arbitration by reference to a commercial disputes centre. You agree to be bound by the ruling arbitrator. The costs of the dispute are borne by the originator.

17. Use of Communication Services

The fashionfinder.com.au Web Site may contain bulletin board services, chat areas, news groups, forums, communities, personal web pages, calendars, and/or other message or communication facilities designed to enable you to communicate with the public at large or with a group (collectively, "Communication Services"), you agree to use the Communication Services only to post, send and receive messages and material that are proper and related to the particular Communication Service. By way of example, and not as a limitation, you agree that when using a Communication Service, you will not:
  1. Defame, abuse, harass, stalk, threaten or otherwise violate the legal rights (such as rights of privacy and publicity) of others.
  2. Publish, post, upload, distribute or disseminate any inappropriate, profane, defamatory, infringing, obscene, indecent or unlawful topic, name, material or information.
  3. Upload files that contain software or other material protected by intellectual property laws (or by rights of privacy of publicity) unless you own or control the rights thereto or have received all necessary consents.
  4. Upload files that contain viruses, corrupted files, or any other similar software or programs that may damage the operation of another's computer.
  5. Advertise or offer to sell or buy any goods or services for any business purpose, unless such Communication Service specifically allows such messages.
  6. Conduct or forward surveys, contests, pyramid schemes or chain letters.
  7. Download any file posted by another user of a Communication Service that you know, or reasonably should know, cannot be legally distributed in such manner.
  8. Falsify or delete any author attributions, legal or other proper notices or proprietary designations or labels of the origin or source of software or other material contained in a file that is uploaded.
  9. Restrict or inhibit any other user from using and enjoying the Communication Services.
  10. Violate any code of conduct or other guidelines which may be applicable for any particular Communication Service.
  11. Harvest or otherwise collect information about others, including e-mail addresses, without their consent.
  12. Solicit, or attempt to solicit fashionfinder.com.au users for products or services of any kind, whether in direct competition or otherwise, by direct contact via published email addresses or through any communication services provided by fashionfinder.com.au.

Fashionfinder.com.au has no obligation to monitor the Communication Services. However, fashionfinder.com.au reserves the right to review materials posted to a Communication Service and to remove any materials in its sole discretion. Fashionfinder.com.au reserves the right to terminate your access to any or all of the Communication Services at any time without notice for any reason whatsoever.

Fashionfinder.com.au reserves the right at all times to disclose any information as necessary to satisfy any applicable law, regulation, legal process or governmental request, or to edit, refuse to post or to remove any information or materials, in whole or in part, in fashionfinder.com.au sole discretion.

Always use caution when giving out any personally identifying information about yourself or your children in any Communication Service. Fashionfinder.com.au does not control or endorse the content, messages or information found in any Communication Service and, therefore, fashionfinder.com.au specifically disclaims any liability with regard to the Communication Services and any actions resulting from your participation in any Communication Service. Managers and hosts are not authorized fashionfinder.com.au spokespersons, and their views do not necessarily reflect those of fashionfinder.com.au.

Materials uploaded to a Communication Service may be subject to posted limitations on usage, reproduction and/or dissemination. You are responsible for adhering to such limitations if you download the materials.

18. General.

This Agreement shall be governed in all respects by the laws of the State of South Australia, Australia. All members of this Site irrevocably submit to the non-exclusive jurisdiction of the courts of South Australia, Australia. The provisions of this Agreement are severable, and if any provision of this Agreement is held to be invalid or unenforceable, such provision may be removed and the remaining provisions shall be enforced. You agree that this Agreement and all incorporated agreements may be automatically assigned by fashionfinder.com.au, in our sole discretion, to a third party in the event of a merger or acquisition. Headings are for reference purposes only and in no way define, limit, construe or describe the scope or extent of such section. Our failure to act with respect to a breach by you or others does not waive our right to act with respect to subsequent or similar breaches. You agree that this Agreement may not be construed adversely against us solely because we prepared it. This Agreement and the terms and conditions incorporated herein set forth the entire understanding and agreement between us with respect to the subject matter hereof. Sections 2 (Fees and Services) with respect to fees owed for our services, 3.3 (Release), 6.3 (License), 7 (Access and Interference), 11 (Liability Limit), 12 (Indemnity) and 16 (Arbitration) shall survive any termination or expiration of this Agreement.

19. Disclosures

The services here under are offered by The Kompani Pty Ltd, located at 14 Fisher St, Fullarton, South Australia, Australia. Fees for our services are available upon request sales@fashionfinder.com.au. We encourage you to try and resolve disputes with other users / contributors directly with them, and to use a certified mediation or arbitration entity or report disputes to your local police or law enforcement agency as appropriate.