Before you may become a member of Portable Shops, you must read and accept all the terms and conditions in, and linked to, the Agreement. The Agreement is effective on March 1, 2009 for current users, and upon acceptance for new users.
1. Portable Shops is a Venue
Portable Shops acts as a venue to allow users who comply with Portable Shops policies to offer, sell, swap and buy certain clothing and accessaries within a fixed price format. Portable Shops is not directly involved in the transaction between buyers and sellers. As a result, Portable Shops has no control over the quality, safety, morality or legality of any aspect of the items listed, the truth or accuracy of the listings, the ability of sellers to sell items or the ability of buyers to pay for items. Portable Shops does not pre-screen users or the content or information provided by users. Portable Shops cannot ensure that a buyer or seller will actually complete a transaction.
Consequently, Portable Shops does not transfer legal ownership of items from the seller to the buyer. Portable Shops cannot guarantee the true identity, age, and nationality of a user. Portable Shops encourages you to communicate directly with potential transaction partners through the tools available on the Site. You may also wish to consider using a third party escrow service or services that provide additional user verification.
You agree that Portable Shops is a venue and as such is not responsible or liable for any content, for example, data, text, information, usernames, graphics, images, photographs, profiles, audio, video, items, and links posted by you, other users, or outside parties on Portable Shops. You use the Portable Shops service at your own risk.
2. Membership Eligibility
Age: Portable Shop's services are available only to, and may only be used by, individuals who are 18 years and older who can form legally binding contracts under applicable law. Individuals under the age of 18 can use this service only in conjunction with and under the supervision of a parent or legal guardian. In this case, the adult is the user and is responsible for any and all activities.
Compliance: You agree to comply with all local laws regarding online conduct and acceptable content. You are responsible for all applicable taxes. If you are an Australian sole trader or business and are registered for GST then you must declare this to Portable Shops. In addition, you must abide by Portable Shop’s policies as stated in the Agreement and these Portable Shops policy documents:
• The Portable Shops and Store Guide
• Fees Policy
• Copyright and Intellectual Property Policy
Keep your password secure. You are fully responsible for all activity, liability and damage resulting from your failure to maintain password confidentiality. You agree to immediately notify Portable Shops of any unauthorized use of your password or any breach of security. You also agree that Portable Shops cannot and will not be liable for any loss or damage arising from your failure to keep your password secure.
You must keep your account information up-to-date and accurate at all times, including a valid email address. To sell items on Portable Shops, you must have a valid credit card on file with Portable Shops at all times.
You may not transfer or sell your Portable Shops account and User ID to another party. If you are registering as a business entity, you personally guarantee that you have the authority to bind the entity to this Agreement.
Right to Refuse Service
Portable Shop's services are not available to temporarily or indefinitely suspended Portable Shops members. Portable Shops reserves the right, in Portable Shop’s sole discretion, to cancel unconfirmed or inactive accounts. Portable Shops reserves the right to refuse service to anyone, for any reason, at any time.
3. Fees and Services
Portable Shops charges a monthly store fee as well as a percentage of the sale price when an item sells. Portable Shop's Fees Policy, which is subject to change, is incorporated into this Agreement by reference. Changes to the Fees Policy and the fees for Portable Shop’s services are effective after Portable Shops provides you with at least fourteen (14) days' notice by posting the changes on the Site. However, Portable Shops may choose to temporarily change the Fees Policy and the fees for Portable Shop's services for promotional events; such changes are effective when Portable Shops posts the temporary promotional event on the Site. Portable Shops may, at Portable Shop's sole discretion, change some or all of Portable Shop's services at any time. In the event Portable Shops introduces a new service, the fees for that service are effective at the launch of the service. Unless otherwise stated, all fees charged by Portable Shops are quoted in Australian dollars.
You are responsible for paying all fees associated with using Portable Shops. Portable Shops keeps sellers' valid credit card or other accepted payment information on file. At the beginning of the month, each seller is emailed an invoice detailing the amount due. A seller must pay the amount due in full within 15 days of the date of the invoice. If the seller's account is not paid in full, the seller risks penalties such as the suspension of privileges and/or termination of the account as well as debt-collection proceedures.
Fees and Termination
If Portable Shops terminates your account, if you close your account, or if the payment of your Portable Shops fees cannot be completed for any reason, you remain obligated to pay Portable Shops for all unpaid fees plus any penalties, if applicable. If you have a question or wish to dispute a charge, contact Portable Shops.
4. Listing and Selling
By listing an item on the Site you warrant that you and all aspects of the item comply with Portable Shop’s policies. You also warrant that you may legally sell the item. You must accurately describe your item and all terms of sale in your Portable shop. Your listings may only include text descriptions, graphics, video, pictures and other content relevant to the sale of that item. All items must be listed in an appropriate category with appropriate tags. Each listing must accurately and completely describe the item/items for sale or swap in that listing. If the "in stock" quantity is more than one, all items in that listing must be identical. Each unique item must have its own listing.
All sellers are urged to outline shop policies for their Portable shop. These policies may include, for example: shipping, returns, payment and selling policies. Sellers must create reasonable policies in good faith and must abide by such policies. All shop policies must comply with Portable Shop’s site-wide policies. Sellers are responsible for enforcing their own reasonable shop policies. Portable Shops reserves the right to request that a seller modify a shop policy.
All sales are binding. The seller is obligated to ship the order or otherwise complete the transaction with the buyer in a prompt manner, unless there is an exceptional circumstance, such as: (a) the buyer fails to meet the terms of the seller’s listing (such as payment method), or (b) the seller cannot authenticate the buyer's identity. The buyer is obligated to deliver appropriate payment for items purchased, unless there is an exceptional circumstance.
The price stated in each item listing description must be an accurate representation of the sale. Sellers may charge reasonable shipping and handling fees to cover the costs for packaging and mailing the items. Sellers may not charge excessive shipping fees or otherwise avoid fees. You may not alter the item's price after a sale for the purpose of avoiding Portable Shops transaction fees, misrepresent the item’s location, or use another user’s account without permission.
5. Prohibited, Questionable and Infringing Items and Activities
You are solely responsible for your conduct and activities on and regarding to Portable Shops and any and all data, text, information, usernames, graphics, images, photographs, profiles, audio, video, items, and links (together, “Content”) that you submit, post, and display on Portable Shops.
Restricted Activities: Your Content and your use of Portable Shops shall not:
- Be false, inaccurate or misleading;
- Be fraudulent or involve the sale of illegal, counterfeit or stolen items;
- Infringe upon any third party's copyright, patent, trademark, trade secret or other proprietary or intellectual property rights or rights of publicity or privacy (See also, Portable Shop’s Copyright and Intellectual Property Policy;
- Violate this Agreement, The Portable Shops Store Guide, any site policy or community guidelines, or any applicable law, statute, ordinance or regulation (including, but not limited to, those governing export control, consumer protection, unfair competition, anti-discrimination or false advertising);
- Contain items that have been identified by your local laws as hazardous to consumers and therefore subject to a recall;
- Be defamatory, trade libellous, unlawfully threatening, unlawfully harassing, impersonate or intimidate any person (including Portable Shops staff or other users), or falsely state or otherwise misrepresent your affiliation with any person, through for example, the use of similar email address, nicknames, or creation of false account(s) or any other method or device;
- Be obscene or contain child pornography;
- Contain or transmit any code of a destructive nature that may damage, detrimentally interfere with, surreptitiously intercept or expropriate any system, data or personal information;
- Host images not part of a listing;
- Modify, adapt or hack Portable Shops or modify another website so as to falsely imply that it is associated with Portable Shops;
- Appear to create liability for Portable Shops or cause Portable Shops to lose (in whole or in part) the services of Portable Shopr’s ISPs or other suppliers;
By posting Content on Portable Shops, it is possible for an outside website or a third party to re-post that Content. You agree to hold Portable Shops harmless for any dispute concerning this use. If you choose to display your own Portable Shops-hosted image on another website, the image must provide a link back to its listing page on Portable Shops.
7. Information Control
Portable Shops does not control the Content provided by users that is made available on Portable Shops. You may find some Content to be offensive, harmful, inaccurate, or deceptive. There are also risks of dealing with underage persons or people acting under false pretense.
Additionally, there may also be risks dealing with international trade and foreign nationals. By using Portable Shops, you agree to accept such risks and that Portable Shops (and Portable Shop’s officers, directors, agents, subsidiaries, joint ventures and employees) is not responsible for any and all acts or omissions of users on Portable Shops. Please use caution, common sense, and practice safe buying and selling when using Portable Shops.
Portable Shops is not responsible for the availability of outside websites or resources linked to or referenced on the Site. Portable Shops does not endorse and is not responsible or liable for any content, advertising, products, or other materials on or available from such websites or resources. You agree that Portable Shops shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with the use of or reliance on any such content, goods or services available on or through any such websites or resources.
Users may arrange and attend online virtual meetings or in-person meetings (“Meetings”) with one or more individuals. Users are solely responsible for interactions with others. Users must comply with Portable Shop’s policies and acknowledge and agree to comply with the laws of the city, county and country in which the Meeting occurs. Additional eligibility requirements for a particular group or Meeting may be set by the group’s contact person. Portable Shops is not involved with user generated groups, the groups’ requirements, or the Meetings.
Portable Shops does not supervise or control the Meetings, user-initiated online or offline gatherings, or the interactions among and between users and other persons or companies. Users are solely responsible for interactions with others. Users understand that Portable Shops does not in any way screen its users. All users agree to exercise caution and good judgment in all interactions with others, particularly if meeting offline or in person.
Groups or User Fees: Some user-generated groups on Portable Shops may require or request that users pay fees in order to be a member of the group, participate in a promotion, or participate in Meetings. PORTABLE SHOPS IS NOT INVOLED IN THE TRANSACTIONS, THE PAYMENTS OR THEIR PROCESSING. THE PAYMENT DOES NOT GO TO PORTABLE SHOPS; THIS MONEY IS SEPARATE FROM ANY FEES OR CHARGES ASS ESSED BY PORTABLE SHOPS, AND PORTABLE SHOPS HAS NO CONTROL OVER THE MONEY, THE USER-GENERATED GROUPS, PROMOTIONS, THE MEETINGS, OR THE LEADER OF THE GROUP IN CONNECTION WITH ITS USE. YOU ACKNOWLEDGE AND AGREE THAT PORTABLE SHOPS IS NEITHER INVOLVED NOR A PARTY IN ANY PAYMENT, TRANSACTION OR INTERACTION BETWEEN OR AMONG USER-GENERATED GROUPS, PORTABLE SHOPS USERS AND/OR THIRD PARTIES (together a “Third Party Transaction”), AND THAT YOU BEAR ALL RISK IN CONNECTION WITH YOUR THIRD PARTY TRANSACTIONS. Users should use common sense and be careful in deciding whether to contribute money.
9. Resolution of Disputes and Release
In the event a dispute arises between you and Portable Shops, please contact Portable Shops.
Should you have a dispute with one or more users, or an outside party, you release Portable Shops (and Portable Shop's officers, directors, agents, subsidiaries, joint ventures and employees) from any and all claims, demands and damages (actual 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. Portable Shops encourages users to report user-to-user disputes to your local law enforcement, postmaster general, or a certified mediation or arbitration entity, as applicable.
Portable Shops, for the benefit of users, may try to help users resolve disputes. Portable Shops does so in Portable Shops’s sole discretion, and Portable Shops has no obligation to resolve disputes between users or between users and outside parties. To the extent that Portable Shops attempts to resolve a dispute, Portable Shops will do so in good faith based solely on Portable Shop’s policies. Portable Shops will not make judgments regarding legal issues or claims.
10. Portable Shop's Intellectual Property
PORTABLE SHOPS, and other Portable Shops graphics, logos, designs, page headers, button icons, scripts, and service names are registered trademarks, trademarks or trade dress of Portable Shops Pty Ltd, in the Australia. and/or other countries. Portable Shop's trademarks and trade dress may not be used, including as part of trademarks and/or as part of domain names or email addresses, in connection with any product or service in any manner that is likely to cause confusion.
11. Access and Interference
Portable Shops may contain robot exclusion headers, which contain internal rules for software usage. Much of the information on Portable Shops is updated on a real-time basis and is proprietary or is licensed to Portable Shops by Portable Shop's users or third parties. You agree that you will not use any robot, spider, scraper or other automated means to access Portable Shops for any purpose without Portable Shop’s prior express written permission. Additionally, you agree that you will not:
- Take any action that imposes, or may impose, in Portable Shop’s sole discretion, an unreasonable or disproportionately large load on Portable Shop’s infrastructure;
- Copy, reproduce, modify, create derivative works from, distribute or publicly display any user Content (except for your Content, or other allowed uses as set out in the Portable Shops Store Guide from the Site without the prior expressed written permission of Portable Shops and the appropriate third party, as applicable;
- Interfere or attempt to interfere with the proper working of the Site or any activities conducted on the Site;
- Bypass Portable Shop's robot exclusion headers or other measures Portable Shops may use to prevent or restrict access to Portable Shops.
Without limiting any other remedies, Portable Shops may, without notice, and without refunding any fees, delay or immediately remove Content, warn Portable Shop’s community of a user’s actions, issue a warning a user, temporarily suspend a user, temporarily or indefinitely suspend a user’s account privileges, terminate a user’s account, prohibit access to the Site, and take technical and legal steps to keep a user off the Site and refuse to provide services to a user if any of the following apply:
14. No Warranty
PORTABLE SHOPS, PORTABLE SHOP'S SUBSIDIARIES, OFFICERS, DIRECTORS, EMPLOYEES, AND PORTABLE SHOP'S SUPPLIERS PROVIDE PORTABLE SHOP'S WEB SITE AND SERVICES "AS IS" AND WITHOUT ANY WARRANTY OR CONDITION, EXPRESS, IMPLIED OR STATUTORY. PORTABLE SHOPS, PORTABLE SHOP'S SUBSIDIARIES, OFFICERS, DIRECTORS, EMPLOYEES AND PORTABLE SHOP'S SUPPLIERS SPECIFICALLY DISCLAIM ANY IMPLIED WARRANTIES OF TITLE, MERCHANTABILITY, PERFORMANCE, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. IN ADDITION, NO ADVICE OR INFORMATION (ORAL OR WRITTEN) OBTAINED BY YOU FROM PORTABLE SHOPS SHALL CREATE ANY WARRANTY. SOME STATES DO NOT ALLOW THE DISCLAIMER OF IMPLIED WARRANTIES, SO THE FOREGOING DISCLAIMER MAY NOT APPLY TO YOU. THIS WARRANTY GIVES YOU SPECIFIC LEGAL RIGHTS AND YOU MAY ALSO HAVE OTHER LEGAL RIGHTS THAT VARY FROM STATE TO STATE.
15. Liability Limit
IN NO EVENT SHALL PORTABLE SHOPS, AND (AS APPLICABLE) PORTABLE SHOP'S SUBSIDIARIES, OFFICERS, DIRECTORS, EMPLOYEES OR PORTABLE SHOP'S SUPPLIERS BE LIABLE FOR ANY DAMAGES WHATSOEVER, WHETHER DIRECT, INDIRECT, GENERAL, SPECIAL, COMPENSATORY, CONSEQUENTIAL, AND/OR INCIDENTAL, ARISING OUT OF OR RELATING TO THE CONDUCT OF YOU OR ANYONE ELSE IN CONNECTION WITH THE USE OF THE SITE, PORTABLE SHOP’S SERVICES, OR THIS AGREEMENT, INCLUDING WITHOUT LIMITATION, LOST PROFITS, BODILY INJURY, EMOTIONAL DISTRESS, OR ANY SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES.
PORTABLE SHOP'S LIABILITY, AND (AS APPLICABLE) THE LIABILITY OF PORTABLE SHOP'S SUBSIDIARIES, OFFICERS, DIRECTORS, EMPLOYEES, AND SUPPLIERS, TO YOU OR ANY THIRD PARTIES IN ANY CIRCUMSTANCE IS LIMITED TO THE GREATER OF (A) THE AMOUNT OF FEES YOU PAY TO PORTABLE SHOPS IN THE 12 MONTHS PRIOR TO THE ACTION GIVING RISE TO LIABILITY, AND (B) $100. SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU.
YOU AGREE TO INDEMNIFY AND HOLD PORTABLE SHOPS AND (AS APPLICABLE) PORTABLE SHOP'S PARENT, SUBSIDIARIES, AFFILIATES, OFFICERS, DIRECTORS, AGENTS, AND EMPLOYEES, HARMLESS FROM ANY CLAIM OR DEMAND, INCLUDING REASONABLE ATTORNEYS' FEES, MADE BY ANY THIRD PARTY DUE TO OR ARISING OUT OF YOUR BREACH OF THIS AGREEMENT OR THE DOCUMENTS IT INCORPORATES BY REFERENCE, OR YOUR VIOLATION OF ANY LAW OR THE RIGHTS OF A THIRD PARTY.
17. No Guarantee
Portable Shops does not guarantee continuous, uninterrupted access to the Site, and operation of the Site may be interfered with by numerous factors outside Portable Shop’s control.
18. Legal Compliance
You shall comply with all applicable domestic and international laws, statutes, ordinances and regulations regarding your use of Portable Shop’s service and your listing, purchase, solicitation of offers to purchase, and sale of items.
If any provision of this Agreement is held unenforceable, then such provision will be modified to reflect the parties' intention. All remaining provisions of this Agreement shall remain in full force and effect.
20. No Agency
You and Portable Shops are independent contractors, and no agency, partnership, joint venture, employee-employer or franchiser-franchisee relationship is intended or created by this Agreement.
21. Portable Shops Service
22. Choice of Law
This Agreement shall in all respects be interpreted and construed with and by the laws of the State of Victoria and disputes arising under this Agreement will be adjudicated by the courts of the State of Victoria, Australia.
Sections 3 (Fees and Services, Fees and Termination), 6 (Content, License), 7 (Information Control), 8 (Meetings, Groups or User Fees), 9 (Resolution of Dispute and Release), 10 (Portable Shop’s Intellectual Property), 11 (Access and Interference), 12 (Breach), 13 (Privacy), 14 (No Warranty), 15 (Liability Limit), 16 (Indemnity), 17 (No Guaranty), 19 (Severability), 20 (No Agency), 22 (Choice of Law) shall survive any termination or expiration of this Agreement.
Except as explicitly stated otherwise, any notices shall be given by postal mail to Portable Shops Attn: Legal Department; 38 Cambridge Street, Collingwood, Victoria, Australia (in the case of Portable Shops) or, in your case, to the email address you provide to Portable Shops (either during the registration process or when your email address changes). Notice shall be deemed given 24 hours after email is sent, unless the sending party is notified that the email address is invalid. Alternatively, Portable Shops may give you notice by certified mail, postage prepaid and return receipt requested, to the address provided to Portable Shops. In such case, notice shall be deemed given three days after the date of mailing.
For issues with intellectual property, please provide the notice as specified in Portable Shop’s Copyright and Intellectual Property Policy.
The services hereunder are offered by Portable Shops Pty Ltd of 38 Cambridge Street Victoria, Australia.