Terms


Terms & Conditions

  1. Terms of Access to the Website

    1. This website (referred to in these Terms of Access as the Website) is operated by Luxury Vendor Trading Pty Ltd on the World Wide Web (WWW).

    2. The material on the Website is copyright © 2017 Luxury Vendor Trading Pty Ltd and/or other copyright owners.

    3. The Website is available for you to:

      1. Access conditional on your acceptance without alteration of the terms and conditions set out below/on this linked page. By continuing to access the Website you are agreeing to the terms and conditions set out below.

      2. Provide information about your product or service conditional on your acceptance without alteration of the terms and conditions set out below/on this linked page. By continuing to provide information about your product or service you are agreeing to the terms and conditions set out below.

  2. Use of material on the Website

    1. Generally

      1. Except for the limited use set out in para (b) you may not use the Website, or the material contained on it, for any purpose. This involves:

        1. the reproduction of the material in any material form;

        2. the distribution of the material in any material form;

        3. re-transmission of the material by any medium of communication;

        4. uploading and/or reposting the material to any other site on the WWW;

        5. “framing” the material on the Website with other material on any other WWW site.

  3. The above are unlawful in any jurisdiction and are specifically prohibited by these Terms of Access.

        1. Notwithstanding the above restrictions on use of the material on the Website, you may download material from the Website for your personal non-commercial use provided you do not remove any copyright and trade mark notices contained on the material.

        2. You may not modify or copy:

          1. the layout of the Website; or

          2. any computer software and code contained in the Website.

        3. The Owner reserves all intellectual property rights, including, but not limited to, copyright in material and/or services provided by it. The material provided on the Website is provided for personal use only and may not be:

          1. re-sold and/or re-distributed in any material form;

          2. stored in any storage media; and/or

          3. re-transmitted in any media,

      1. without the prior written consent of the Owner.

    1. Links to other Websites

      1. The Website contains links to sites on the WWW owned and operated by third parties and which are not under the control of the Owner.

      2. In relation to the other sites on the WWW, which are linked to the Website, the Owner:

        1. provides the links to other sites as a convenience to you and the existence of a link to other sites does not imply any endorsement by the Owner of the linked site; and

        2. is not responsible for the material contained on those linked sites.

    2. Acknowledgement

      1. You acknowledge that Luxury Vendor Trading Pty Ltd is not the responsible party that uploads the listings. It provides access to a platform for third parties to upload their luxury goods. Therefore, you acknowledge that the representation of goods and/or services have not been verified.

      2. We do not accept any responsibility whatsoever of the listings that appear on the website. You acknowledge that it is your responsibility to arrange inspection of the goods before you agree to purchase any good(s) and/or service(s) from the website.

    3. Disclaimer

      1. The Owner is making the Website available for others to publish information without assuming a duty of care to users. The Owner is not in the business of providing professional advice and gives no warranty, guarantee or representation about the accuracy, reliability or timeliness or otherwise, of the information contained on the Website and/or linked sites on the WWW.

      2. To the full extent permitted by law the Owner disclaims any and all warranties, express or implied, regarding:

        1. the accuracy, reliability, timeliness or otherwise of any information contained or referred to on the Website and/or of any linked sites; and

        2. merchantability or fitness for any particular purpose for any service or product contained or referred to on the Website and/or on any linked sites.

      3. The Owner will not be liable under any circumstances for any loss of profits or any damages of any kind recognised by law (even if it has been advised of the possibility of such loss of profits or damages) which are the consequence of you:

        1. acting, or failing to act, on any information contained on or referred to on the Website and/or any of the linked Websites; and

        2. using or acquiring, or your inability to use or acquire, any service or product contained or referred to on the Website and/or any linked sites.

      4. The Owner does not warrant guarantee or make any representation that:

        1. the Website, or the server that makes the site available on the WWW are free of software viruses;

        2. the functions contained in any software contained on the Website will operate uninterrupted or are error-free; and

        3. errors and defects in the Website will be corrected.

      5. The Owner is not liable to you for:

        1. errors or omissions in the Website, or linked sites on the WWW;

        2. delays to, interruptions of or cessation of the services provided in the Website, or linked sites; and

        3. defamatory, offensive or illegal conduct of any user of the Website,

  4. whether caused through negligence of the Owner, its employees or independent contractors, or through any other cause.

      1. You agree to accept the full cost of any necessary repair, correction and maintenance of any of your computer software or hardware, which may be necessary as a consequence of you accessing the Website.

    1. Limitation of liability

      1. We provide the Luxury Vendor platform on an ‘as is’ basis. Third party entities will post their goods on the WWW. This means you will not hold us responsible for other user’s content and representations, including but not limited to, promises and actions for the goods that are advertised on the WWW. You acknowledge that we are not an auctioneer and we are not involved in the actual transaction between buyers and sellers. This means we do not take ownership of the items at any time nor are we involved under any circumstance of the legal ownership or title transfer of such goods between the seller to the buyer. You acknowledge and agree that we have no control and do not guarantee any representations made by the seller, including but not limited to the quality, safety or authenticity of any goods or services advertised.

      2. Accordingly, to the extent legally permitted, we exclude all implied warranties, terms and conditions. We are not liable for any loss of money, goodwill or reputation, or any special, indirect or consequential damages arising, directly or indirectly, out of your use of or your inability to use the our services.

      3. To the extent that we are able to limit the remedies available under this Agreement, we expressly limit our liability for breach of a non-excludable statutory guarantee to the following remedies:

        1. the supply of the services again; or

        2. the payment of the cost of having the services supplied again.

    2. Use of information gathered

      1. The Owner and/or people authorised by it may gather and process the information:

        1. which you may provide when accessing the Website, such as your name, address, e-mail address and other personal information about you; and

        2. regarding the way in which you use the Website including, without limitation, information acquired through the use of "cookies" programmed during the accessing of the Website.

      2. The Owner may authorise others to offer you goods and services using the information acquired through para (a).

    3. Termination of access

      1. The Owner may terminate access to the Website at any time without giving any explanation or justification for the termination of access, and the Owner has no liability for any costs, losses or damages of any kind arising as a consequence of terminating access to the Website.

    4. Alteration of Terms of Access

      1. The Owner reserves the right to change these Terms of Access:

        1. with or without further notice to you; and

        2. without giving you any explanation or justification for such change.

    5. Relevant jurisdiction

      1. If any part of these Terms of Access is found to be void, unlawful, or unenforceable then that part will be deemed to be severable from the balance of these Terms of Access and the severed part will not affect the validity and enforceability of any remaining provisions.

      2. These Terms of Access will be governed by and interpreted in accordance with the law of the State of South Australia, without giving effect to any principles of conflicts of laws.

      3. You agree to the jurisdiction of the courts of the State of South Australia to determine any dispute arising out of these Terms of Access.

  5. Terms and conditions relating to the providing of information about your product or service

    1. Uploading information

      1. You represent and warrant in relation to any material and/or information you provide to the Website that:

        1. you are authorised to provide the material and/or information;

        2. the material and/or information is not defamatory or a malicious falsehood in relation to any product, service, person or corporation;

        3. the material and/or information is not the “passing off” of any product or service and does not constitute unfair competition;

        4. the material and/or information does not infringe any intellectual property right including, but not limited to, trade marks, service marks or business names (whether registered or unregistered), confidential information and copyright; and

        5. the material and/or information does not infringe any legislation or regulations of the Commonwealth of Australia and the State of South Australia including, but not limited to, the Competition and Consumer Act 2010 (Cth) and the Fair Trading Act 1987 (SA) and any other parliament competent to legislate in relation to the Website or any law in any country where the material and/or information is or will be available electronically to users of this Website.

    2. Licence to use intellectual property

      1. By uploading any material which is intellectual property including, but not limited to, copyrighted works, trade marks and service marks (Intellectual Property) on to the Website, you are granting the Owner a perpetual, non-exclusive and payment-free licence throughout the world to:

        1. reproduce, use and exploit the Intellectual Property, as part of the Website, to the full extent permitted by Intellectual Property law in any jurisdiction in which the Website is available to users; and

        2. allow the Owner to sub-licence others the same rights granted to the Owner in (a) above.

    3. Removal of information

      1. In relation to any material and/or information included on the Website, the Owner may remove any material and/or information, including but not limited to links to other sites on the WWW, at any time without giving any explanation or justification for removing the material and/or information.

    4. Limit of liability

      1. The Owner and its respective officers, employees and agents have no liability for any costs, losses or damages of any kind, which you may incur, arising whether directly or indirectly. This applies:

        1. in relation to or in connection with any material and/or information supplied in respect of advertising on this Website; and

        2. as a consequence of removing any material and/or information from this Website.

    5. Indemnity

      1. You will at all times indemnify and keep indemnified the Owner and its respective officers, employees and agents (Those Indemnified) from and against any loss (including reasonable legal costs and expenses) or liability incurred by any of Those Indemnified arising from any claim, demand, suit, action or proceeding by any person against any of Those Indemnified where such loss or liability arose out of, in connection with or in respect of:

        1. any breach of these Terms of Access by you; and

        2. publication of or distribution of the material and/or information supplied by you.

    6. Relevant jurisdiction

      1. If any part of these Terms of Access is found to be void, unlawful, or unenforceable then that part will be deemed to be severable from the balance of these Terms of Access and the severed part will not affect the validity and enforceability of any remaining provisions.

      2. These Terms of Access will be governed by and interpreted in accordance with the law of the the State of South Australia, without giving effect to any principles of conflicts of laws.

      3. You agree to the jurisdiction of the courts of the State of South Australia to determine any dispute arising out of these Terms of Access.