www.littlemarley.com is a platform that connects any person wishing to sell or purchase new or used children goods and accessories. We give users of the website a platform to advertise and purchase goods and discuss topics relating to parenthood online.
We are not responsible for the conduct of any of our users either online or offline.
Recitals
- These Terms of Use (“Terms”) govern your use of the Website located at http://www.littlemarley.com (“Website”) and form a binding contractual agreement between you, the user of the Website and Little Marley Pty Limited ACN 615 340 700 (“Little Marley”).
- For that reason these Terms are important and you should ensure that you read them carefully. You may contact Little Marley with any questions before you use the Website by emailing talktous@littlemarley.com.
- By using the Website you acknowledge and agree that you have read and understand these Terms and you agree to be bound by them. If you do not agree to the Terms, please do not use the Website.
- Definitions
- “Confidential Information” means any information of Little Marley, or of another User which is designated as confidential or which is of a confidential or sensitive nature, which is marked or denoted as confidential or which a reasonable person to whom that information is disclosed or to whose knowledge the information comes would consider confidential.
- “Content” means anything that is uploaded, posted or otherwise transmitted through the Website, and when it is introduced to the Services by you, it is your Content. Without limitation to the foregoing this may also include any advertisement posted by a User.
- “Contributor” means any person that publishes a comment on any forum or blog contained within the Website or any other section of the Website where comments can be published.
- “Intellectual Property” means all intellectual property rights (including, without limitation, all registered and unregistered copyright, designs, trade marks and patents) of any nature in any technology, trade secrets, User lists, User details (including, but not limited to, User emails, telephone numbers and addresses) and User-related information, software, program, inventions, designs, works and subject matter belonging to Little Marley.
- “Membership” means an application to Little Marley, through the Website, for a User name, account and password.
- “Membership Data” means any information provided by you to Little Marley in any registration form on the Website or otherwise.
- “Purchaser” means any person that purchases an item on the Website.
- “Seller” means any person that wishes to sell an item by publishing an advertisement on the Website.
- “Services” means the connecting of any Contributor, Seller or Purchaser through the Website.
- “Third Party” means an entity other than Little Marley or its subsidiaries, including any Contributor, Seller or Purchaser.
- “User” means any Contributor, Seller, Purchaser or any other party who accesses the Services, regardless of the nature of that access or if that party is or is not identified to Little Marley.
- “You” means a User, Contributor, Seller, Purchaser or any other party currently accessing the Website and using the Services.
- General
- These Terms prevail in the event that anything in, or associated with, the Website is inconsistent with these Terms.
- If a provision of these Terms is invalid or unenforceable it is to be read down or severed to the extent necessary without affecting the validity or enforceability of the remaining provisions.
- These Terms and any contract to which they apply shall be governed by the laws of New South Wales and are subject to the jurisdiction of the courts of New South Wales.
- Little Marley is not liable whatsoever to you for any direct or indirect losses and/or expense suffered by you arising out of a breach by Little Marley of these Terms, including Little Marley’s negligence.
- The failure by Little Marley to enforce any provision of these Terms shall not be treated as a waiver of that provision, nor shall it affect Little Marley’s right to subsequently enforce that provision.
- Little Marley may provide any notice required under these Terms by publishing the notice on the Website (“Notice”).
- Little Marley may amend or vary these Terms at its sole discretion by giving Notice, and the varied Terms are to take effect immediately upon Notice being given. Your continued use of the Website after any variation of these Terms will be deemed to constitute your acceptance of the varied Terms. If you do not accept the varied Terms, please discontinue your use of the Website and/or terminate your Membership.
- These Terms, together with the Privacy Policy, constitute the entire agreement between you and Little Marley and supersede any prior versions of these Terms and all other communications whether oral or written, express or implied.
- Use of Website
- Little Marley grants you a non-exclusive, non-transferable licence to use the Website and Services in accordance with the terms and conditions set out in these Terms.
- The Website may contain links to other websites and contains Content added by Third Parties. Little Marley does not endorse, sponsor or approve any such user generated content or any content available on any linked website. Little Marley expressly disclaims all liability for any Content transmitted or posted on the Website, or otherwise transmitted to any User by any other means, or by any person, including your reliance on such Content.
- You acknowledge and agree that:
- Little Marley retains complete editorial control over any Content on the Website and may alter, amend or remove any Content on the Website at any time in its sole discretion; and
- the Website may not operate on a continuous basis and may be unavailable from time to time (including for maintenance purposes).
- User Conduct
- By accepting these Terms, you are representing that you:
- have the capacity to accept these Terms;
- will maintain the security and confidentiality of your account, login details, password and identification; and
- will provide, or have provided, and will maintain and promptly update the Membership Data and ensure that information provided is accurate, current and complete.
- A User must not upload, post, or otherwise transmit Content that:
- is inaccurate, harmful, obscene, pornographic, defamatory, racist, sexist, threatening, violent, offensive, abusive, vulgar, profane, indecent, unlawful, harassing, or otherwise objectionable to Little Marley or other Users of the Website, including any Content which is likely to offend, insult or humiliate others based on race, religion, ethnicity, gender, age, sexual orientation and/or any physical or mental disability;
- exploits another person in any manner;
- includes unauthorised disclosure of personal information;
- advertises services for non-individuals or for any other reason which is not aligned to the purposes for which the Services are intended;
- violates or infringes anyone’s intellectual property rights; or
- contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment.
- You are solely responsible for the Content and all activities that occur under your Membership.
- You must immediately notify Little Marley of any unauthorised use of your account, login and/or password.
- You must ensure you completely sign out of your account at the end of every session where you use the Website, and ensure that all personal data has been deleted from the system.
- Little Marley may, but is not obliged to, at any time request a form of identification to verify your identity and/or your compliance with these Terms.
- Violation of Terms
- Little Marley reserves the right to edit or remove Content that violates these Terms, that contains Third Party commercial advertisements, or for any other reason it deems necessary in its absolute discretion. Little Marley may restrict, suspend or cancel a contravening User’s Membership in its sole discretion.
- Little Marley may record and store information relating to your Membership, including any complaint made against you. Little Marley reserves the right to disclose any information as necessary to satisfy any applicable law, legal requirement, police investigation or request from a Government authority. For further information, please read Little Marley’s Privacy Policy.
- Seller Obligations
- A Seller must comply with all consumer legislation in Australia including, without limitation, the Competition and Consumer Act 2010 (Cth).
- Each Seller agrees and warrants that it must not offer for sale, on the Website, any:
- defective or recalled good;
- unsafe good that can cause harm or damage to any person or their property;
- used consumables or consumables that are out of date, i.e. baby formula, food products, medicine, lotions, shampoo or other cosmetics, etc;
- stolen, bootleg or counterfeit goods; or
- good that infringes a Third Party’s intellectual property rights.
- Fees
- Little Marley may charge a fee for the use of the Website. If a feature of the Website requires payment of a fee, Little Marley will disclose the fee prior to your access to that feature of the Website.
- In addition to clause 7.1, a Seller will incur a fee on the sale of an item and the fee will be deducted from the sale proceeds.
- All fees are quoted in Australian Dollars and are GST inclusive. Little Marley reserves the right to change the fees for any chargeable service or feature on the Website at any time and will provide Notice in accordance with these Terms where the price is varied.
- Our fees are non-refundable, and you are responsible for paying them when they become due. If you do not pay our fee, your ability to use that feature may be restricted.
- Confidential Information
- You agree to keep the Confidential Information of Little Marley and any other User confidential and to use or disclose such information only for the purposes as authorised by the owner of the Confidential Information.
- The obligations of confidentiality in clause 8.1 will not apply to information which:
- is generally available in the public domain except where such availability is as a result of a breach of these Terms;
- was known prior to the disclosure of the information by you; or
- is required to be disclosed by an applicable law or court order.
- Intellectual Property Rights
- Nothing in these Terms constitutes a transfer of any Intellectual Property rights. You acknowledge and agree that, as between you and Little Marley, Little Marley owns all Intellectual Property rights in the Website.
- By using the Services, posting or adding any content onto the Website, you grant Little Marley a perpetual, non-exclusive, royalty-free, irrevocable, worldwide and transferable right and licence to use that Content in any way (including, without limitation, reproducing, changing, and communicating the Content to the public) and permit Little Marley to authorise any other User to do the same thing if Little Marley chooses to do this.
- You represent and warrant to Little Marley that you have all necessary rights to grant the licences and consents set out in clause 9.2.
- You must obtain express written permission from Little Marley if you wish to reproduce any aspect of the Website or other Intellectual Property owned by Little Marley.
- Termination and Suspension
- The Terms will continue in force until such time that they are varied or replaced, but Little Marley may terminate the Terms or the Website at any time and without prior notice in its sole discretion.
- Little Marley may suspend or terminate any User from using the Website without notice in its sole discretion.
- Little Marley reserves the right to change or discontinue any service or feature on the Website in whole or in part at any time in its sole discretion.
- Limitation of Liability
- You will be responsible for and will indemnify Little Marley against liability for all loss, damage or injury to persons or property caused by you, or your employees or agents, and the amount of all claims, damages, costs and expenses which may be paid, suffered or incurred by Little Marley in respect of any such loss, damage or injury will be made good at your expense.
- Little Marley shall not be liable to you in respect of any losses suffered or incurred by you arising out of or in connection with the provision of the Services.
- You shall be liable for any loss, damage or injury to any party or parties (including Little Marley and other Users) resulting from your negligent acts or omissions through your use of the Services and shall indemnify and keep indemnified Little Marley against any claim or claims made against it.
- Little Marley reserves the right, but has no obligation, to monitor disputes between Users of the Website. You agree to hold Little Marley harmless in connection with any dispute or claim that you make against any other User of the Website.
- Without limitation to the foregoing, you agree that Little Marley’s liability, if any, arising out of any kind of legal claim or action in any way connected to the Services or the Website our maximum liability to you will be limited to the total amount paid by you (if any) for any chargeable service or feature on the Website purchased by you during the term of your Membership.
- Disclaimer of Warranties
- You acknowledge that Little Marley makes no representation or warranty:
- that your access to the Website (including any Third Party applications or payment platforms on the Website) will be, timely, secure, uninterrupted and/or error-free;
- that any defects on the Website will be corrected;
- that any information disclosed on the Website will be accurate, up to date, complete or useful; or
- that the Website or the server which stores and transmits the Website to you are free from viruses or any other harmful components.
- Assumption of Risk
- You agree and understand that you assume all risks when using the Website, including without limitation any and all of the risks associated with any online or offline interactions with other Users and all risk for any damage to your computer system or loss of data.
- Agency
- Little Marley does not act as an agent for the Purchaser, Seller or any other person in relation to a transaction conducted through the Website.
- Indemnification
- You agree to indemnify, and continually indemnify, Little Marley in relation to all claims, actions, liabilities, costs, losses and expenses (including legal costs on a full indemnity basis) that Little Marley incurs as a result of your use of the Services, and/or from your failure to comply with these Terms.
- Advertisements and Promotion
- Little Marley may run advertisements and promotions from a Third Party on the Website. Your correspondence or business dealings with, or participation in promotions of, advertisers other than Little Marley found on or through the Website, including payment and delivery of related goods or services, and any other terms, conditions, warranties or representations associated with such dealings, are solely between you and such Third Party. Little Marley is not responsible or liable for any loss or damage of any sort incurred as the result of any such dealings or as the result of the presence of Third Party advertisers on the Website.
- Currency
- These Terms are effective as and from 1 December 2016.
