MyEwardrobe terms and conditions

Set out below are the terms and conditions on which you agree to engage in the activities of the Website including:

  1. Selling, offering for sale or purchasing items on the Website;
  1. Placing offers for the sale of goods on the Website;
  1. Contributing Material to the Website;
  1. Using any other features of the Website;
  1. Browsing the Website.

By registering andor participating in the activities of the Website, you accept these terms and conditions.

You acknowledge that these terms and conditions constitute a legally enforceable contract between MyEwardrobe and you. If you do not accept these terms and conditions, you must not register or participate in the activities of the Website.

 

Introduction

  1. By accepting these terms and conditions you agree that:
  1. There is a legally enforceable contract between you and MyEwardrobe relating to your participation in the activities of the Website.
  1. By offering goods for sale through the Website, a legally enforceable contract for the sale of goods will be formed between you and the Buyer who agrees to purchase the goods.
  1. By agreeing to purchase any goods offered for sale on the Website, a legally enforceable contract for the sale of goods will be formed between you and the Seller.
  1. MyEwardrobe is not acting as:
  1. your agent in connection with the sale or purchase of goods through the Website; or
  1. the agent of any Seller or Buyer.
  1. MyEwardrobe takes no responsibility for enforcing any agreement entered into by you and any Seller or Buyer. MyEwardrobe will not become involved in any dispute between you and any Seller or Buyer.
  1. You acknowledge and agree that you will perform any legally enforceable contract entered into between you as Seller or Buyer and any other Seller or Buyer.

 

Definitions

  1. The following words and phrases have the meanings given to them in these terms and conditions:
  1. MyEwardrobe means Passline Enterprise Pty Ltd (ACN 110 479 582) trading as MyEwardrobe.
  1. Website means the website having the domain name www.myewardrobe.com.au or such other domain name as may be advised by MyEwardrobe in the future.

you means the person who is registering under these terms and conditions.

  1. Seller means any person who offers goods for sale on the Website including you where you are such a person or MyEwardrobe where it is identified as the Seller of goods on the Website.
  1. Buyer means any person who agrees to purchase goods for sale on the Website including you where you are such a person.
  1. Order means an order to purchase goods which have been offered for sale on the Website by a Seller.
  1. Copyright Act means the Australian Copyright Act 1968 (Cth).
  1. Material means any material posted on the Website including any description of goods, advertisement, classified listing, blog, comment, written material, ratings or any other subject matter posted on the Website.
  1. Ratings System means the rating system features of the Website which enable users to provide ratings and comment on the conduct and reliability of other users.
  1. Where appropriate, words and phrases used in these terms and conditions have the meanings given to them in the Copyright Act. For example, communicate means make available online or electronically transmit, etc as set out in section 10 of the Copyright Act.

 

Your registration

  1. On registering to use the Website, you warrant and represent that:
  1. The information you provide to MyEwardrobe is true, complete, accurate and up to date.
  1. You are at least 18 years old.
  1. You must not:
  1. Register if you are less than 18 years old.
  1. Divulge your password or other registration information to any other person.
  1. You are responsible for ensuring that the information provided by you and held by MyeWardrobe is kept up to date and is at all times true and accurate.
  1. You must immediately notify MyEwardrobe of any breach of security or unauthorized use of your registration. You are responsible for all Material placed on the Website using your registration and will indemnify MyEwardrobe for any loss or damage suffered as a result of such Material.
  1. MyEwardrobe may at any time terminate or suspend your registration at its absolute discretion.

 

Sale and purchase of goods

  1. An offer to sell goods is made by a Seller placing goods for sale on the Website in accordance with the instructions given by MyEwardrobe.
  1. Goods offered for sale may be withdrawn for sale at any time before a person posts an Order to purchase the goods. The withdrawal is only effective if it is processed by MyEwardrobe before an Order is received.
  1. A legally enforceable agreement for the sale of goods is formed when a Buyer posts an Order on the Website in accordance with the instructions given by MyEwardrobe. The placing of an Order constitutes an acceptance of an offer to sell goods placed on the Website by a Seller. Goods cannot be withdrawn for sale after a Buyer posts an Order.
  1. On formation of an agreement for the sale of goods, the Seller must sell the goods to the Buyer and the Buyer must pay for the goods. The agreement must be performed by the Seller and the Buyer within the time period agreed to or within a reasonable period if no time period is agreed. The price payable by the Buyer includes delivery costs as specified by the Seller and agreed to by the Buyer.
  1. MyEwardrobe may from time to time specify the information to be provided by a Seller before goods can be listed for sale on the Website including (without limitation) information as to a description of the goods, size, colour, brand, delivery costs (both within and outside Australia), quantities and how payment can be made. MyEwardrobe is entitled to refuse to list or may remove a listing which does not meet the requirements for such information.
  1. MyEwardrobe may from time to time specify minimum standards for goods before they can be listed for sale on the Website including (without limitation) minimum prices or minimum quality standards.
  1. At present MyEwardrobe does not charge for listing goods for sale or for the purchase of goods on the Website or for engaging in the activities of the Website. MyeWardrobe reserves the right to charge fees in the future. MyEwardrobe will provide reasonable notice of the introduction of any fees by posting a notice on the Website before they are introduced. Any fees will only apply to goods listed, purchases made or other activities after the fees are introduced.

 

Warranties

  1. In selling or offering to sell goods on the Website, the Seller warrants that:
  1. The Seller is entitled to sell the goods.
  1. The Seller will deliver the goods to the Buyer subject to the terms of sale specified by the Seller when offering the goods for sale on the Website, including the delivery costs.
  1. The goods are of acceptable quality as defined in section 54 of the Australian Consumer Law (except where otherwise described by the Seller).
  1. The goods are fit for their intended purpose (except where otherwise described by the Seller).
  1. The goods will conform to the description of the goods posted on the Website by the Seller
  1. Where goods are offered for sale by reference to a trade mark, the Seller is entitled to use the trade mark in relation to those goods.
  1. Where applicable, the consumer guarantees set out in the Australian Consumer Law will be complied with.
  1. In posting an Order, the Buyer warrants that:
  1. The Buyer is able to and will buy the goods from the Seller.
  1. The Buyer is able to pay and will pay for the goods and the costs of delivery (where the Buyer is responsible for such costs).
  1. You acknowledge that the above warranties are given by the Seller or Buyer and not by MyEwardrobe. MyEwardrobe does not give any such warranties (except where MyEwardrobe is the Seller).

 

Copyright

  1. You acknowledge that all content placed on the Website is subject to Australian and international copyright laws.
  1. You must not reproduce, communicate or do any other act in relation to any work or other subject matter on the Website which would result in an infringement of copyright. Without limiting the above, you must not (except where expressly permitted by these terms and conditions):
  1. Copy or publish any Material, content or work or other subject matter contributed by any other person.
  1. Download any Material, content or work or other subject matter.
  1. Send a copy of any Material, content or work or other subject matter to any other person.
  1. Communicate any Material, content or work or other subject matter contributed by any other person.
  1. Sell, let or hire, or offer for sale, let or hire, or distribute any article which is an infringing copy of any Material, content or work or other subject matter contributed by any other person.
  1. You may store and display Material and other content on your own computer and make a single hard copy for your own personal use. By placing Material on the Website, you grant a licence to other users to store and display your Material on the user’s computer and to make a single hard copy for the user’s own personal use.
  1. You may forward details of goods for sale on the Website as permitted by the Website.
  1. In relation to your Material, you acknowledge and agree that all Material contributed by you must not infringe the copyright or other intellectual property rights of any other person.
  1. You warrant and represent to MyEwardrobe that:
  1. The posting of any Material on the Website by you will not infringe the copyright, moral rights or other intellectual property rights of any other person.
  1. You have not granted any licence to or entered into any agreement with any other person in relation to any Material which is inconsistent with the inclusion on the Website by you.
  1. You are entitled to contribute the Material to the Website and to have the Material published on the Website.
  1. By making Material available on the Website, you grant to MyEwardrobe e a worldwide, perpetual, transferable, non-exclusive, royalty free licence to include the Material on the Website and to permit users of the Website to view the Material on the Website and to copy the Material as permitted by these terms and conditions.
  1. You may at any time request MyEwardrobe to remove any Material contributed by you from the Website (subject to the provisions dealing with the withdrawal of goods for sale) and MyEwardrobe will comply with such a request within a reasonable period.

 

Intellectual property

  1. MyEwardrobe retains all intellectual property rights in relation to the Website including the content of the Website provided by MyEwardrobe and all trade marks, domain names and indicia used in relation to the Website. You must not use any trade mark, domain name or other name or indicia belonging to MyEwardrobe.
  1. You must not sell or attempt to sell any goods on the Website where the sale or offering for sale of such goods will infringe the intellectual property rights of any person. Without limiting the foregoing, you must not sell or attempt to sell:
  1. Counterfeit goods or goods which bear a trade mark which has been applied to the goods without the licence or consent of the owner of the trade mark.
  1. Goods which have been made in infringement of any patent, design right, copyright or any other intellectual property right.
  1. You must not sell or attempt to sell any goods by using a trade mark to which the goods are not entitled.

 

Restrictions on Material

  1. You must not post or attempt to post any Material on the Website which contains any content which:
  1. is defamatory;
  1. is abusive, threatening or offensive;
  1. is obscene;
  1. is discriminatory or offensive in terms of race, gender, sexual preference, religious views or otherwise;
  1. is maliciously false or which falsely denigrates any person, product or services;
  1. breaches any obligation of confidence owed to any person;
  1. is misleading or deceptive;
  1. involves the use of a trade mark, name or indicia which is not owned by you;
  1. amounts to harassment, stalking or similar conduct;
  1. would result in a contempt of court, or breach of a suppression or other court order limiting the publication of information relating to court proceedings;
  1. involves the sale or promotion of commercial products, surveys, contests or advertising;  
  • is otherwise unlawful or which may give rise to legal action against you.
  1. In using the Website, you must not:
  1. attempt to impersonate any person;
  1. state or imply that you represent any person, company or other entity when this is not the case;
  1. attempt to alter or edit any material or content posted by another person or other content of the Website;
  1. engage in spamming or other conduct involving the sending of unsolicited emails;
  1. do anything which affects the functioning of the Website or any other website, including the use of viruses, Trojan horses or other means of analyzing, interrupting or adversely affecting the functionality of the Website or any other website;
  1. use any automated system (including those known as a site crawler, spider or robot) to access or analyze any information or content of the Website (except where permitted by MyEwardrobe);
  1. engage in the activity known as hacking or otherwise attempt to access restricted areas of the Website or other computer systems though the Website;
  1. attempt to access any person’s personal information held by MyEwardrobe;
  1. attempt to disable, circumvent or otherwise interfere with the security features of the Website;
  1. place any link on the Website or other means by which users of the Website can access other websites;
  1. unfairly denigrate the Website or any activities engaged in by any users of the Website;
  • place any advertisement or unauthorised material on the Website.
  1. You acknowledge that some of the Material placed on the Website is contributed by users and that the opinions, views, advice and statements made in such Material are not made or provided by MyEwardrobe. MyEwardrobe is not responsible for such Material or any reliance on such material by you.
  1. You acknowledge that the goods placed for sale on the Website are the goods of the Seller and not MyeWardrobe. MyeWardrobe does not endorse or provide any warranty, guarantee or assurance in relation to any Seller or any goods offered for sale.

 

Monitoring and removal of material

  1. You acknowledge and agree that MyEwardrobe may at any time and at its absolute discretion remove any Material from the Website and without giving any reason for its removal. Without limiting the foregoing, MyEwardrobe may at any time remove goods for sale on the Website where the sale or offer for sale breaches any of these terms and conditions.
  1. You acknowledge that MyEwardrobe is entitled to monitor all Material and to disclose information, including personal information, to appropriate government and other agencies where required or where it is otherwise reasonable or appropriate for such information to be disclosed (subject to MyEwardrobe’s legal obligations under privacy and other laws).
  1. MyEwardrobe may at any time and at its absolute discretion discontinue the Website or any part of it.

 

Privacy

  1. You consent to MyEwardrobe holding and using your personal information for the purpose of your use of the Website. Such personal information will be held and used subject to MyEwardrobe’s privacy policy which can be found at Privacy Policy
  2.  

Unavailability

  1. From time to time the Website will not be available due to maintenance or other reasons. MyEwardrobe will notify users by placing a notice on the Website.

 

Ratings

  1. In using the Ratings System all users must act fairly and reasonably and comply with these terms and conditions. All ratings must be genuine and made in good faith.
  1. You must not do anything which adversely affects the integrity of the Ratings System including (without limitation):
  1. Providing favourable ratings for yourself or persons associated with you where there is no justification for such rating.
  1. Providing unfavourable ratings for other users where there is no justification for such rating.
  1. Threatening any other user with an unfavourable rating or comment.
  1. You acknowledge that the Rating System is subject to the input of users and that MyEwardrobe is not responsible for the outcome of the Rating System. MyEwardrobe will not be liable to you and all liability is excluded in relation to the Ratings System and its use by users of the Website.

 

Indemnity

  1. You will indemnify MyEwardrobe and keep MyEwardrobe indemnified against any loss or damage suffered by MyEwardrobe (including any legal costs incurred) which arises out of circumstances where you are in breach of any of these terms and conditions, including (without limitation) where a claim is brought against MyEwardrobe by any other person as a result of any Material placed by you on the Website or any use of the Website by you.
  1. Without limiting the above, you will indemnify MyEwardrobe and keep M MyEwardrobe indemnified against any loss or damage suffered by MyEwardrobe (including any legal costs incurred) arising out of any claim alleging that:
  1. Any Material posted by you infringes the copyright or other intellectual property rights of any other person;
  1. Any Material posted by you contains material or content which is prohibited pursuant to these terms and conditions.
  2.  

No Warranties

  1. Except to the extent that any law or statute prohibits the exclusion, restriction or modification of any warranty, guarantee, right or remedy imposed by law, MyeWardrobe gives no warranties or guarantees and makes no representations regarding the Website or the sale of goods on the Website or the contents or availability of the Website or any of the Materials contributed to or other content contained on the Website. Except to the extent that any law or statute prohibits the exclusion, restriction or modification of any warranty, guarantee, right or remedy imposed by law, all other  warranties or guarantees are excluded.
  1. MyEwardrobe’s liability and your sole remedy for breach of any express warranty, or any warranty guarantee right or remedy implied or conferred by law, is limited to, at MyEwardrobe’s option, one or more of: in the case of any goods: (a) replacement of the goods or the supply of equivalent goods; (b) repair of the goods; (c) payment of the cost of replacing the goods or of acquiring equivalent goods; (d) payment of the cost of having the goods repaired; or in the case of any services (a) supplying the services again; or (b) payment of the cost of having the services supplied again.
  2.  

Liability

  1. Except as expressly provided elsewhere in this agreement or where liability cannot be excluded or limited by operation of law, MyEwardrobe will be under no liability to you and liability is excluded (whether for breach of contract, negligence or otherwise) in respect of any loss or damage which may be suffered or incurred by you in relation to the sale or purchase of any goods on the Website by you, the inclusion of your Material on the Website, Material posted on the Website by third parties or your use of the Website.
  1. Without limiting the generality of clause 49 above, MyEwardrobe will be under no liability to you and liability is excluded (whether for breach of contract, negligence or otherwise) for any special, incidental, indirect, or consequential damages whatsoever (including, without limitation, damages for loss of revenue, business or profits, loss resulting from business interruption, loss of business information, loss resulting from any claim by any third party or any other pecuniary loss) arising out of the sale or purchase of any goods on the Website by you, the inclusion of your Material on the Website, the Material posted on the Website by third parties or your use of the Website, even if MyEwardrobe has been advised of the possibility of such damages.
  1. You acknowledge that the websites of third parties may be accessed through the Website and that MyEwardrobe has no control over such third party websites. MyEwardrobe will be under no liability to you and liability is excluded (whether for breach of contract, negligence or otherwise) in respect of any loss or damage which may be suffered or incurred by you in relation to any website accessed through the Website.
  1. You acknowledge that the content and Material posted by third parties on the Website are made pursuant to these terms and conditions but that MyeWardrobe is not responsible for such content or Material. MyEwardrobe will be under no liability to you and liability is excluded (whether for breach of contract, negligence or otherwise) in respect of any loss or damage suffered by you as a result of the sale or purchase of any goods on the Website by you, any Material posted by third parties on the Website or any criticism, comment or other content of any third party Material which are made in relation to your Material or which are otherwise posted on the Website.
  1. You acknowledge that your Material will be made available on the Website and that there is a risk that other persons may attempt to copy your Material. MyEwardrobe cannot guarantee that your Material will not be copied.  MyEwardrobe will be under no liability to you and liability is excluded (whether for breach of contract, negligence or otherwise) in respect of any loss or damage suffered by you as a result of any copying of your Material by any other person.

 

General

  1. If any these terms and conditions are found to be invalid or unenforceable, the balance of this agreement shall remain in full force and effect as if such terms had not been included in this agreement
  1. These terms and conditions are governed by and construed in accordance with the laws of Western Australia. The parties consent to the exclusive jurisdiction of the courts of Western Australia. You acknowledge that the Website is a passive website and that your use of the Website does not give rise to jurisdiction in relation to any matter outside Western Australia.
  1. MyeWardrobe may amend these terms and conditions from time to time by notice on the Website and such amended terms and conditions will apply to any future sale of items on the Website or Material posted by you on the Website from the date of such notice.
  1. All dates and times are determined by the date and time specified on the Website.
  1. MyEwardrobe will not be liable and all liability is excluded in relation to any event which is beyond the reasonable control of MyEwardrobe including (without limitation) any Act of God, loss of power or internet connectivity, act of terrorism, criminal act or third party conduct.