ADVERTISER SELLER TERMS
Tigerland Marketplace is an online marketplace for the sale and purchase of Richmond Football Club Merchandise both new and second hand. This includes but not limited to merchandise produced on behalf of the Richmond Supporter Group. These terms (“Terms”) outlined below apply to all advertisers and sellers who wish to sell their goods using this website.
We may modify and update these Terms at any time, without notice. You need to ensure you review the Terms from time to time. In using our website and services, you agree to be bound by these Terms as well as any and all general Terms and Conditions posted on our website from time to time. If you do not accept these Terms, you are not permitted to use our website services.
“Buyer” means anyone purchasing goods or services through our website.
“Seller” means anyone offering, advertising or selling goods or services through our website.
“Content” means any and all material, links, words, images including but not limited to any goods and services the User submits, advertises or links to or on the website.
“Services” means a classified service whereby Sellers can advertise their goods and services and Buyers can purchase goods and services from time to time through our website.
“The website” means Tigerland Marketplace
“We”, “our” and “us” means [insert company] Pty Ltd and includes directors, employees, contractors and affiliates.
“You” and “User” means the individual or business and includes any advertiser or person using our Services and by doing so, agree to these Terms.
ROLE OF Tigerland Marketplace
We are acting as a neutral facilitator only by providing information and classified service that brings together buyers and sellers. We are not a party to any transaction between any buyers and sellers that may originate on or through this website.
ADVERTISING YOUR GOODS AND SERVICES
You must register in advance in order to advertise your goods on our website and for any associated services. We take a commission fee (currently 10%) on the final sale of the goods you advertise.
By submitting any Content to the website, you represent and warrant:
- that you have the ownership right and title to this information and material, and have the right to present and publish it;
- that you are not breaching any regulations, restrictions or third party rights by advertising and selling the goods; and
- That you are truthfully representing and not misleading as to the genuine article, logo, and product origin.
AGREEMENT FOR ADVERTISER SERVICES
In order to access and use our website and Services, you agree to the below terms.
You warrant that:
- The information you post or advertise on and through the website is genuine, true and accurate and you will at all times ensure your advertisement is up-to-date;
- You are 18 years of age or older and able to form a legal binding contract;
- Any and all products, goods, images, words, materials and anything you advertise or sell as a Seller, is owned by you, you have full copyright and ownership or license to use and sell the material and it will not breach or infringe any laws including any third party rights;
- You will not use our Services for any illicit, unlawful, fraudulent, inappropriate, offensive or otherwise illegal activities;
- You will at all times abide by the Australian Consumer Law (‘ACL’) requirements and guarantees including but not limited to the re-supply or refund of any goods or services you supply or provide which do not meet ACL requirements;
- You will ensure that any Content you include on your advertisement, links or website complies with all applicable laws, codes and regulations and all material and Content is accurate, reliable, up-to-date, lawful, and not misleading; and
- By using our services and contacting any Buyers through our website, you represent that you are doing so in good faith, have the ownership rights and title to all goods, and will present all information in a true and correct manner to Buyers.
You acknowledge and agree:
- We are a facilitator only for the purposes of permitting businesses and individuals to post their advertisement on our website but do not guarantee any bookings, business, increase in traffic or otherwise;
- Any products or services you provide through your business is done directly and is your contractual relationship with the Buyer customer that may find you by visiting our website. Any disputes, issues, dealings, complaints are to be dealt with directly with the Buyer customer and we are not to be involved;
- You agree to abide by our refund policy as noted on the website and will at all times abide by required Australian Consumer Law warranties and guarantees with respect to the provision of your goods and services that may be posted, sold or otherwise accessed by a Buyer through our website;
- We are not responsible for, nor affiliated with any particular Buyer or Seller beyond providing the Services;
- By using this website, you authorize us to use, reuse and to grant others the right to use and re-use your Content and any reproduction or similar in any form of media or technology for any purpose related to the website; and
- You will not transmit any viruses, malware, worms, etc. of any kind and that you will not upload, post, host or transmit unsolicited material or messages to the website.
REGISTERING FOR OUR SERVICES
In order to use our Services, you need to register and set up an account. You must at all times, keep your registration details accurate and must be up-to-date. You will not share your password or login details with any other person. Any breach of these terms will result in termination in accordance with our below Cancellation and Termination clause.
In addition, you agree to fully indemnify us for any and all claims as a result of you using our Services or for any third party claims which may result from your Content, or any business you conduct with any other user or Buyer. We are also not responsible for any claim by any third party which may be a result of your links, material or Content on your website, business or otherwise.
CANCELLATION AND TERMINATION
TO CANCEL YOUR ACCOUNT: You are solely responsible for cancelling your account. You must cancel in writing by notifying us at: firstname.lastname@example.org. All trades must be finalized before your account is closed unless we have decided to terminate your account. In this case you are responsible for all outstanding debts you have occurred.
If a subscription fee applies, you need to cancel your subscription at least 14 days prior to the next payment due to ensure you will not be charged for the subsequent subscription fee. As a commission only customer you may cancel your account anytime. On cancellation of your account, all of your Content, material and links will be deleted.
We are, however, at no time responsible to you or any third party for any deleted files, advertisements, data or other information that may have been deleted, lost, corrupted by you or us accidentally or intentionally or have otherwise become unavailable prior to or after your advertisement cancellation.
WE MAY TERMINATE YOUR USE OF OUR SERVICES AT ANY TIME:
We have the right to terminate your use of our Services for any reason, at any time. You agree that we may, in our sole discretion, terminate or suspend your access to the website with or without notice and for any reason, including, without limitation, breach of these Terms. Any suspected fraudulent, abusive or illegal activity may be grounds for terminating your relationship and may be referred to the appropriate law enforcement authorities.
If we have reasonable grounds to suspect the information you provide in any Content you provide is untrue, inaccurate or incomplete, or that you have breached any Terms, if your Content is offensive, or for any other reason including if, in our opinion, you have breached the purpose of our website, at our sole discretion we have the right to immediately withdraw your information links and terminate your account. We may also deny the use of our website and services to you in the future in the event of any breach.
We shall not be liable to you or any third party for any claims or damages arising out of any termination or suspension or any other actions taken by us in connection with such termination or suspension.
We may, but are not obligated to, remove any Content that we determine in our sole discretion may be unlawful, offensive, defamatory, obscene, or otherwise objectionable or violates a third party’s intellectual property or these Terms.
You agree and acknowledge that we are not liable for any direct, indirect, consequential or incidental loss or damage which may result from your use of the Services or any classified or other advertisement on our website.
You acknowledge and agree that we are facilitator only and are not in any way responsible for the conduct of any third party provider involved in the delivery of services or products in response to your request for services.
We are in no way to be held liable, directly or indirectly for any loss, injury or damage that may result from any reliance on any advice, information or otherwise indirectly related to the use of our Services.
Our liability is governed by the Australian Consumer Law (ACL), including any consumer guarantees provided by the ACL that cannot be excluded or modified. All other conditions and warranties which may be implied by custom or statute are expressly excluded by these Terms.
This limitation of liability clause includes any reliance by you on the information on the website, access to or inability to use the website. You assume all risk in using the Services and we cannot be liable for your use of or reliance on any Services. While we endeavor to keep the website up-to-date and correct, we make no representation or warranties of any kind, express or implied, about the completeness, accuracy, reliability, suitability or availability with respect to any of the Services for any particular purpose and provide it for your informational purposes and out of our own analysis. Any reliance you place on such information is therefore strictly at your own risk.
Tigerland Marketplace is not responsible for any loss, damage or issues you may have with any other user and we cannot be held responsible for any direct or indirect loss you may suffer as a result of purchasing or relying on a Seller’s goods or services.
In any case, our liability to you will not exceed $100.00
Our failure to exercise or enforce any right or provision of these Terms shall not constitute a waiver of such right or provision.
By using this website and the services offered through this website, you agree and acknowledge that you do so at your own risk. You agree to address any and all problems, concerns and issues with any goods or services directly with the relevant Buyer and that we are not liable for any action or inaction of the individual Buyers.
In the event of any claim by any Buyer or third party against us resulting either directly or indirectly from your goods or services sold on or through our website, you agree to indemnify and take over any such claim.
PLEASE READ THESE TERMS AND CONDITIONS OF USE CAREFULLY BEFORE USING THIS WEBSITE.
By using this website, you signify your acceptance of these terms and conditions of use. For the purposes of these terms and conditions, “Us”, “Our” and “We” refers to Tigerland Marketplace and “You” and “Your” refers to you, the client, visitor, website user or person using our website.
AMENDMENTS OF TERMS
We reserve the right to change, modify, add or remove portions of these terms at any time. Please check these terms regularly prior to using our website to ensure you are aware of any changes. We will endeavour to highlight any significant or substantive changes to you where possible. If you choose to use our website then we will regard that use as conclusive evidence of your agreement and acceptance that these terms govern your and Tigerland Marketplace’s rights and obligations to each other.
LIMITATION OF LIABILITY
It is an essential pre-condition to you using our website that you agree and accept that Tigerland Marketplace is not legally responsible for any loss or damage you might suffer related to your use of the website, whether from errors or from omissions in our documents or information, any goods or services we may offer or from any other use of the website. This includes your use or reliance on any third party content, links, comments or advertisements. Your use of, or reliance on, any information or materials on this website is entirely at your own risk, for which we shall not be liable.
It shall be your own responsibility to ensure that any products, services or information available through this website meet your specific, personal requirements. You acknowledge that such information and materials may contain inaccuracies or errors and we expressly exclude liability for any such inaccuracies or errors to the fullest extent permitted by law.
COMPETITION AND CONSUMER ACT
For the purposes of Schedule 2 of the Australian Consumer Law, in particular Sections 51 to 53, 64 and 64A of Part 3-2, Division 1, Subdivision A of the Competition and Consumer Act 2010 (Cth), Tigerland Marketplace’s liability for any breach of a term of this agreement is limited to: the supplying of the goods or services to you again; the replacement of the goods; or the payment of the cost of having the goods or services supplied to you again.
You must be over 18 years of age to use this website and to purchase any goods or services.
DELIVERY OF GOODS
Physical goods may be delivered by Australia Post and/or other reputable courier companies. Deliveries are processed promptly upon receipt of full payment. Delivery may take between 2 and 14 days, depending on the delivery option. Damaged or lost orders should be resolved with Australia Post or the courier company directly and we are not responsible for goods that are damaged in transit or not received. Replacement of damaged or lost items is made at the discretion of Tigerland Marketplace.
Digital goods are delivered immediately. Please be aware there are inherent risks associated with downloading any software and digital goods. Should you have any technical problems downloading any of our goods, please contact us so we may try to assist you.
RETURNS AND REFUNDS
Tigerland Marketplace handles returns and processes refunds in accordance with the Australian Consumer Protection legislation.
Should you wish to return your order, please notify us within 7 days of purchase with a valid reason for return. If we are unable to resolve your complaint or further assist you, we will process a refund upon timely receipt of the goods purchased. Unopened goods will be refunded in full. Refunds will be processed promptly and payment made by the same method that you made payment. All refunds are made at the discretion of Tigerland Marketplace.
LINKS TO OTHER WEBSITES
Tigerland Marketplace may from time to time provide on its website, links to other websites, advertisements and information on those websites for your convenience. This does not necessarily imply sponsorship, endorsement, or approval or arrangement between Tigerland Marketplace and the owners of those websites. Tigerland Marketplace takes no responsibility for any of the content found on the linked websites.
Tigerland Marketplace’s website may contain information or advertisements provided by third parties for which Tigerland Marketplace accept no responsibility whatsoever for any information or advice provided to you directly by third parties. We are making a ‘recommendation’ only and are not providing any advice nor do we take any responsibility for any advice received in this regard.
To the fullest extent permitted by law, Tigerland Marketplace absolutely disclaims all warranties, expressed or implied, including, but not limited to, implied warranties of merchantability and fitness for any particular purpose. Tigerland Marketplace gives no warranty that the documents, goods or services will be free of errors, or that defects will be corrected, or that our website or its server is free of viruses or any other harmful components.
Whilst we, at all times endeavour to have the most accurate, reliable and up-to-date information on our website, we do not warrant or make any representations regarding the use or the result of the use of any document, product, service, link or information in its website or as to their correctness, suitability, accuracy, reliability, or otherwise.
It is your sole responsibility and not the responsibility of Tigerland Marketplace to bear any and all costs of servicing, repairs, or correction. The applicable law in your state or territory may not permit these exclusions, particularly the exclusions of some implied warranties. Some of the above may not apply to you but you must ensure you are aware of any risk you may be taking by using this website or any products or services that may be offered through it. It is your responsibility to do so.
You may change your details at any time by advising us in writing via email. All information we receive from our customers is protected by our secure servers. Tigerland Marketplace’s secure server software encrypts all customer information before it is sent to us. Furthermore, all customer data collected is secured against unauthorized use or access. Credit card information is not stored by us on our servers.
We do not and will not sell or deal in personal or customer information. We may however use in a general sense without any reference to your name, your information to create marketing statistics, identify user demands and assist in meeting customer needs generally. In addition, we may use the information that you provide to improve our website and services but not for any other use.
DISCLOSURE OF INFORMATION
Tigerland Marketplace may be required, in certain circumstances, to disclose information in good faith and where Tigerland Marketplace is required to do so in the following circumstances: by law or by any court; to enforce the terms of any of our customer agreements; or to protect the rights, property or safety of our customers or third parties.
EXCLUSION OF COMPETITORS
If you are in the business of creating similar documents, goods or services for the purpose of providing them for a fee to users, whether they be business users or domestic users, then you are a competitor of Tigerland Marketplace. Tigerland Marketplace expressly excludes and does not permit you to use or access our website, to download any documents or information from its website or obtain any such documents or information through a third party. If you breach this term then Tigerland Marketplace will hold you fully responsible for any loss that we may sustain and further hold you accountable for all profits that you might make from such unpermitted and improper use. Tigerland Marketplace reserves the right to exclude and deny any person access to our website, services or information in our sole discretion.
COPYRIGHT, TRADEMARK AND RESTRICTIONS OF USE
This website contains material which is owned by or licensed to us. This material includes, but is not limited to, the design, layout, look, appearance, trademarks and graphics. You are not permitted to reproduce the documents, information or materials on the website for the purposes of sale or the use by any third party. In particular you are not permitted to republish, upload, transmit electronically or otherwise or distribute any of the materials, documents or products that may be available for download from time to time on this website.
Tigerland Marketplace expressly reserves all copyright and trademark in all documents, information and materials on our website and we reserve the right to take action against you if you breach any of these terms.
Any redistribution or reproduction of part or all of the contents in any form is prohibited other than the following: you may print or download to a local hard disk extracts for your personal and non-commercial use only; and you may copy the content to individual third parties for their personal use, but only if you acknowledge the website as the source of the material.
You may not, except with our express written permission, distribute or commercially exploit the content. Nor may you transmit it or store it in any other website or other form of electronic retrieval system.
These terms and conditions represent the whole agreement between you and Tigerland Marketplace concerning your use and access to Tigerland Marketplace’s website and your use and access to the documents and information on it. No other term is to be included in this agreement except where it is required to be included by any legislation of the Commonwealth or any State or Territory. All implied terms except those implied by statute and which cannot be expressly excluded are hereby expressly excluded.
EXCLUSION OF UNENFORCEABLE TERMS
Where any clause or term above would by any applicable statute be illegal, void, or unenforceable in any State or Territory then such a clause shall not apply in that State or Territory and shall be deemed never to have been included in these terms and conditions in that State or Territory. Such a clause if legal and enforceable in any other State or Territory shall continue to be fully enforceable and part of this agreement in those other States and Territories. The deemed exclusion of any term pursuant to this paragraph shall not affect or modify the full enforceability and construction of the other clauses of these terms and conditions.
This agreement and this website are subject to the laws of WA and Australia. If there is a dispute between you and Tigerland Marketplace that results in litigation then you must submit to the jurisdiction of the courts of WA.