Terms of Use Agreement

By using the Personally Personalised web site ("Personally Personalised" or the “Site”), a service of Personally Personalised., you (the “user” or “you”) agree to be bound by the following terms and conditions (the “Terms of Use” or the "Agreement"), including those available by hyperlink. If you have any questions, please contact the administrator.

Before you may become a member of Personally Personalised, you must read and accept all the terms and conditions.

1. Personally Personalised is a Venue
Personally Personalised acts as a venue to allow users who comply with Personally Personalised’s policies to list/display certain handmade goods within a fixed qualifying format (1). Personally Personalised is not directly involved in the transaction between buyers and sellers. As a result, Personally Personalised 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. Personally Personalised does not pre-screen users or the content or information provided by users. Personally Personalised cannot ensure that a buyer or seller will actually complete a transaction.

(1) All goods must be hand made or constructed in *Australia and some must have the capacity to be personalised or custom made to the buyers specifications. *On occasion, overseas artists are invited to display their wares, if an identical product cannot be located in Australia.

Consequently, Personally Personalised does not transfer legal ownership of items from the seller to the buyer. Personally Personalised cannot guarantee the true identity, age, and nationality of a user. Personally Personalised 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 Personally Personalised 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 Personally Personalised. You use the Personally Personalised service at your own risk.

2. Membership Eligibility
Age: Personally Personalised'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.

Right to Refuse Service: Personally Personalised's services are not available to temporarily or indefinitely suspended Personally Personalised members. Personally Personalised reserves the right, in Personally Personalised’s sole discretion, to cancel unconfirmed or inactive accounts. Personally Personalised reserves the right to refuse service to anyone, for any reason, at any time.

3. Fees and Services
Service fees are listed in Australian dollars and are outlined in the 'Advertising' page. You are responsible for paying all fees associated with using Personally Personalised.

Fees and Termination: If Personally Personalised terminates your account, if you close your account, or if the payment of your Personally Personalised fees cannot be completed for any reason, you remain obligated to pay Personally Personalised for all unpaid fees plus any penalties, if applicable. If you have a question or wish to dispute a charge, contact Personally Personalised.

4. Listing and Selling
Listing Description: By listing an item on the Site you warrant that you and all aspects of the item comply with Personally Personalised’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 Personally Personalised listing. Your listings may only include text descriptions, graphics, 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 in that listing.

Listing Policies: All sellers are urged to outline listing policies for their Personally Personalised listing. 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 listing policies must comply with Personally Personalised’s site-wide policies. Sellers are responsible for enforcing their own reasonable policies. Personally Personalised reserves the right to request that a seller modify a shop policy.Fee Avoidance: 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.

5. Prohibited, Questionable and Infringing Items and Activities
You are solely responsible for your conduct and activities on and regarding to Personally Personalised 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 Personally Personalised .Restricted Activities: Your Content and your use of Personally Personalised 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.
Be defamatory, trade libelous, unlawfully threatening, unlawfully harassing, impersonate or intimidate any person (including Personally Personalised 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 Personally Personalised or modify another website so as to falsely imply that it is associated with Personally Personalised;
Appear to create liability for Personally Personalised or cause Personally Personalised to lose (in whole or in part) the services of Personally Personalised’s ISP's or other suppliers
Link directly or indirectly, reference or contain descriptions of goods or services that are prohibited under this Agreement, the Privacy Policy, the DOs & DON’Ts of Personally Personalised, or other policy documents as posted on Personally Personalised.
Furthermore, you may not list any item on Personally Personalised (or consummate any transaction that was initiated using Personally Personalised’s service) that, by paying to Personally Personalised the listing fee or the final value fee, could cause Personally Personalised to violate any applicable law, statute, ordinance or regulation, or that violates the Terms of Use.

6. Content
License: Personally Personalised does not claim ownership rights in your Content. You grant Personally Personalised a license solely to enable Personally Personalised to use any information or Content you supply. Personally Personalised with, so that Personally Personalised is not violating any rights you might have in that Content. You grant Personally Personalised a non-exclusive, worldwide, perpetual, irrevocable, royalty-free, sublicensable (through multiple tiers) right to exercise the copyright, publicity, and database rights (but no other rights) you have in the Content, in any media now known or not currently known, with respect to your Content. You agree to allow Personally Personalised to store or re-format your Content on Personally Personalised and display your Content on Personally Personalised in any way as Personally Personalised chooses. Personally Personalised will only use personal information in accordance with Personally Personalised's Privacy Policy. As part of a transaction, you may obtain personal information, including email address and shipping information, from another Personally Personalised user. Without obtaining prior permission from the other user, this personal information shall only be used for that transaction or for Personally Personalised-related communications. Personally Personalised has not granted you a license to use the information for unsolicited commercial messages. Without limiting the foregoing, without express consent from the user, you are not licensed to add any Personally Personalised user to your email or physical mail list. For more information, see Personally Personalised’s Privacy Policy.

Re-Posting Content: By posting Content on Personally Personalised, it is possible for an outside website or a third party to re-post that Content. You agree to hold Personally Personalised harmless for any dispute concerning this use.

7. Information Control
Personally Personalised does not control the Content provided by users that is made available on Personally Personalised. 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 Personally Personalised, you agree to accept such risks and that Personally Personalised (and Personally Personalised’s officers, directors, agents, subsidiaries, joint ventures and employees) is not responsible for any and all acts or omissions of users on Personally Personalised. Please use caution, common sense, and practice safe buying and selling when using Personally Personalised. Other Resources: Personally Personalised is not responsible for the availability of outside websites or resources linked to or referenced on the Site. Personally Personalised 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 Personally Personalised 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.

9. Resolution of Disputes and Release
In the event a dispute arises between you and Personally Personalised, please contact Personally Personalised. Should you have a dispute with one or more users, or an outside party, you release Personally Personalised (and Personally Personalised'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. Personally Personalised encourages users to report user-to-user disputes to your local law enforcement, postmaster general, or a certified mediation or arbitration entity, as applicable.

Personally Personalised, for the benefit of users, may try to help users resolve disputes. Personally Personalised does so in Personally Personalised’s sole discretion, and Personally Personalised has no obligation to resolve disputes between users or between users and outside parties. To the extent that Personally Personalised attempts to resolve a dispute, Personally Personalised will do so in good faith based solely on Personally Personalised’s policies. Personally Personalised will not make judgments regarding legal issues or claims.

10. Personally Personalised's Intellectual Property
Personally Personalised, and other Personally Personalised graphics, logos, designs, page headers, button icons, scripts, and service names are protected by copyright.

11. Access and Interference
Personally Personalised may contain robot exclusion headers which contain internal rules for software usage. Much of the information on Personally Personalised is updated on a real-time basis and is proprietary or is licensed to Personally Personalised by Personally Personalised's users or third parties. You agree that you will not use any robot, spider, scraper or other automated means to access Personally Personalised for any purpose without Personally Personalised’s prior express written permission. Additionally, you agree that you will not:

Take any action that imposes, or may impose, in Personally Personalised’s sole discretion, an unreasonable or disproportionately large load on Personally Personalised’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 the DOs & DON’Ts of Personally Personalised from the Site without the prior expressed written permission of Personally Personalised 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 Personally Personalised’s robot exclusion headers or other measures Personally Personalised may use to prevent or restrict access to Personally Personalised

12. Breach
Without limiting any other remedies, Personally Personalised may, without notice, and without refunding any fees, delay or immediately remove Content, warn Personally Personalised’s community of a user’s actions, issue a warning to 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:

Personally Personalised suspects (by information, investigation, conviction, settlement, insurance or escrow investigation, or otherwise) a user has breached this Agreement. Personally Personalised is unable to verify or authenticate any of your personal information or Content; Or Personally Personalised believes that a user is acting inconsistently with the letter or spirit of Personally Personalised’s policies, has engaged in improper or fraudulent activity in connection with Personally Personalised or the actions may cause legal liability or financial loss to Personally Personalised's users or to Personally Personalised.

13. Privacy
Except as provided in Personally Personalised’s Privacy Policy Personally Personalised will not sell or disclose your personal information (as defined in the Privacy Policy) to third parties without your explicit consent. Personally Personalised stores and processes Content on computers located in the United States that are protected by physical as well as technological security.

14. No Warranty
Personally Personalised, Personally Personalised'S SUBSIDIARIES, OFFICERS, DIRECTORS, EMPLOYEES, AND Personally Personalised'S SUPPLIERS PROVIDE Personally Personalised'S WEB SITE AND SERVICES "AS IS" AND WITHOUT ANY WARRANTY OR CONDITION, EXPRESS, IMPLIED OR STATUTORY. Personally Personalised, Personally Personalised'S SUBSIDIARIES, OFFICERS, DIRECTORS, EMPLOYEES AND Personally Personalised'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 Personally Personalised 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 Personally Personalised, AND (AS APPLICABLE) Personally Personalised'S SUBSIDIARIES, OFFICERS, DIRECTORS, EMPLOYEES OR Personally Personalised'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, Personally Personalised’S SERVICES, OR THIS AGREEMENT, INCLUDING WITHOUT LIMITATION, LOST PROFITS, BODILY INJURY, EMOTIONAL DISTRESS, OR ANY SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES.

16. Indemnity
YOU AGREE TO INDEMNIFY AND HOLD Personally Personalised AND (AS APPLICABLE) Personally Personalised'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
Personally Personalised does not guarantee continuous, uninterrupted access to the Site, and operation of the Site may be interfered with by numerous factors outside Personally Personalised’s control.

18. Legal Compliance
You shall comply with all applicable domestic and international laws, statutes, ordinances and regulations regarding your use of Personally Personalised’s service and your listing, purchase, solicitation of offers to purchase, and sale of items.

19. Severability
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 Personally Personalised are independent contractors, and no agency, partnership, joint venture, employee-employer or franchiser-franchisee relationship is intended or created by this Agreement.

21. Personally Personalised Service
Personally Personalised reserves the right to modify or terminate the Personally Personalised service for any reason, without notice, at any time. Personally Personalised reserves the right to alter these Terms of Use or other Site policies at any time. If the alterations constitute a material change to the Terms of Use, Personally Personalised will notify you via email to the email address in your account. What constitutes a "material change" will be determined at Personally Personalised's sole discretion, in good faith, and using commonsense and reasonable judgment.

22. Choice of Law
This Agreement shall in all respects be interpreted and construed with and by the laws of the Queensland and disputes arising under this Agreement will be adjudicated by the courts of the State of Queensland.