Hatporium Terms & Conditions

Sellers | Buyers

Seller Terms

Terms and Conditions applicable to a Seller of Products using Hatporium

Terms and Conditions applicable to a Seller of goods using Hatporium / www.hatporium.com (“us”, “we”, etc).

These terms and conditions are the contract between you and Hatporium. By visiting or using Our Website, you agree to be bound by them.

Hatporium is a trade name of Australian Business Number 58835493400 whose registered office is at 43/36 Woodcliffe Cres Woody Point QLD 4019 Australia.

1.            Definitions

2.            Our contract

• The relationship between us is solely that:
  • in consideration of a monthly fee charged by us, we provide for you an Internet marketplace as an arm’s length contractor. You are an independent Seller trading within the Hatporium marketplace. 
  • We act as your agent solely in the collection of money paid by your buyer.
  • We are not partners or joint venturers.
• If you place a Product for sale on Our Website, you do so subject to these terms.
• When you place a Product on Our Website, you will be bound to provide all the current information required by the Competition and Consumer Act 2010.
• Although we are not a party to your contract with a buyer introduced to you via Our Website, we shall remove your Products from offer if a customer or site visitor has a valid complaint against you.
• Our Website is designed for individual Milliners/traders. Commercial factory manufacturers or retail hat stores are not permitted to sell on Our Website. We retain the right to remove your product and/or terminate your account.
• Sellers require an active Hat Academy Studio+ subscription to receive the Studio+ Seller plan features published on our website. In the absence of this requirement, your account may be limited or suspended.
• We may change this agreement in any way at any time. The version applicable to your contract is the version which was Posted on Our Website at the time that the contract was made.
• Subject to this agreement and to the procedures set out on Our Website, you may enter a Product for sale through Our Website.

3.            Product placement

You agree that you will:

• not place any Product for sale which is not of merchantable quality or which requires for its setup or use a level of technical expertise which is not fully explained to a customer before purchase.
• immediately to remove from sale on Our Website any Product which for any reason, you are unable to supply.
• not list Products previously owned or deemed unsuitable for classification as Millinery, defined by Hatporium. (See section 9.3) Prohibited Products will be removed from sale.
• only list ready made Products, no made to order.
• only list items created and/or designed by the seller.
• not re-place any Product we remove from offer for sale.
• not list hats for hire on our site.
• not list millinery supplies or millinery education.

4.            Delivery

Unless specified in individual Seller Policies, you agree that you will at all times:

• Deliveries of hard copy and physical Products will be made from your premises, by post or by a carrier instructed by you subject to the contract between you and your customer. It is Seller’s responsibility to ensure shipping details are accurate, insurance included with shipping is advised.
• Upon sale of product, you the Seller are required to despatch and notify the buyer within 2 working days of receipt of money. Seller is recommended use of a shipping tracking number to inform Seller and buyer of the product location. Hatporium is not liable for any lost product.
• You will notify both the customer and Hatporium by email on the date of sending, that the Product has been despatched. Via website Admin Panel > Orders > Tracking Number / Order Status: Complete.
• If at any time, any customer notifies you of non-delivery within the time scale offered by you on Our Website, you will investigate immediately and inform the customer that you are doing so, what you are doing, and when you expect to be able to deliver the Product.
• In the absence of information to the contrary, you agree to despatch a Product within 7 days of notification of order by a method likely to reach the buyer within a further 14 days.
• The Seller shall bear all liabilities relating to the delivery of product if due to error on Sellers part including but not limited to faulty packaging or sent to wrong address. If product is lost in delivery process the Seller carries the loss with refund or replacement within 7 days of notification of shipping company.
• If it is apparent that a customer has not received a Product within 14 days of the expected delivery date, you will refund money paid, including any delivery charge.
• A Seller decides whether they will add Shipping at checkout or include Shipping in the price.
• Each Seller is responsible for their own custom policies regarding shipping. Admin Panel > Seller Info > Terms & Conditions

5.            Product returns

Unless specified in individual Seller Terms & Conditions, you agree that you will at all times:

• reply promptly and in any event within 48 hours to any customer message or other correspondence;
• comply with the law relating to all aspects of the contract between you and your customer, relating in particular your obligations to provide full information and accept cancellation and returns.
• when you have an obligation to return money to a customer for any reason, you will do so immediately, please contact Hatporium via email and you will be sent detailed procedures to refund the customer via PayPal.
• in the event that a Product ordered is not available, you will immediately tell your customer and refund any money paid;
• comply with the Hatporium procedures relating to satisfaction of an order, Products returned and payment, as set out on Our Website.
• if notified within 48 hours of received delivery, Seller is responsible for repairs or alterations to product if it is supplied in unsatisfactory condition or is dissimilar to the original product description. Seller and Buyer make arrangements to cover any costs involved with delivery.
• when Buyer requests return it must be within 48 hours of received delivery and Seller must reply within 4 days to confirm or deny a refund. Failure to contact Buyer is affirmation to refund sale price and delivery charges. This negotiation is solely between Buyer and Seller to finalise satisfactorily.
• please provide information to us in respect of any claim for non-delivery and any dispute as to payment, so as to enable us to identify the possibility of fraud.
• Each Seller is responsible for their own custom policies and may offer more favourable terms to your customers as per your own returns and refunds policy set out on your own Terms & Conditions. Buyers will read and agree to your terms at checkout before their order can be processed. Admin Panel > Seller Info > Terms & Conditions

6.            The selling procedure

• Hatporium is not responsible for the fulfilment of your contract to sell a Product.
• You agree that a contract to sell a Product offered by you is a firm and binding contract as soon as your customer’s payment has been accepted by our payment service provider.
• PayPal is our mandatory payment system to ensure security and immediate Seller payment, all PayPal fees will be deducted from the gross amount by PayPal before transfer to the Seller.
• Products are offered for sale at a fixed price. Taxes may be due and are to be included in the price. Sellers are responsible for their own taxes.
• All Products may be subject to a delivery charge which will be shown at the pay point. The delivery charge will be fixed by you for each item offered for sale. It may be changed at your discretion. Once you have sold a Product, the delivery charge offered by you at the time of purchase cannot be increased.
• Products will be offered for sale and sales made, subject to the terms and conditions applicable to buyers. You accept and endorse these terms and agree to comply in all respects with the corresponding obligations of a Seller. You may view the buyer’s conditions on Our Website at any time.
• We shall send you a message by email at the time of each sale, providing information or relevant links to information about that sale.
• You agree to provide an adequate stock of any Product placed by you for sale through Our Website and indicate stock status through your Admin Panel, if at any time your supply is exhausted. Where available, it is Sellers responsibility to ensure coupons details are accurate.
• International shipments may be subject to duties and taxes depending on the item being shipped and the countries of the sending and receiving parties. If you choose to sell hats to an overseas customer it is essential that you comply with trading regulations stated by your country of residence. You the Seller are required to ensure prior to despatch, that all components of a hat especially feathers or fur can be shipped to the customers country and not contravening custom laws of the buyers country. Discuss these rulings with customer if necessary. Seller must provide essential information on packaging forms as requested by courier or postal services. Upon despatch the buyer will be recognized as an importer of the product and under Hatporium terms for buyers, they have agreed that as a buyer of product they are informed of their obligations under the customs law of their country. This may involve a tax/ import duty to accept the hat. It is totally the buyer/ importers responsibility to pay all fees not the Sellers responsibility or cost. Fees/duty will be based on said value of hat. Hatporium is not obligated in any way regarding the payment of such fees as an arms length contractor providing an internet marketplace for Sellers and Buyers.

7.            Our payment to you 

• We sell your Product at the price you place on it, subject to these terms and also the requirements we set out on Our Website from time to time.
• Our Website selling system is an automated system which can be followed by you through a “Admin Panel”. You will be paid within 24 hours of confirmed purchase of order providing an active PayPal address is submitted in Admin Panel > Seller Tools > Seller Info.
• Payment is processed in the Buyers nominated currency and is transferred to the Seller in that same currency. PayPal currency conversion Fees may apply to international sales. Our Website currency rate is determined once a month. The amount you receive from a buyer may differentiate marginally higher or lower to a Product listing, depending on the currency purchased with and the set currency rate set at that time.
• If an action by a Buyer results in a charge back to our account, you agree that we may deduct the sum charged back together with any fee paid to our service provider and bank, from any sum due to you, at or after that time.
• If in our discretion we believe that your performance as a Seller results in a significant number of charges back and / or buyer disputes or if we believe you are in breach of this agreement, we are free to suspend your account without refund until we are satisfied that disputes have been settled and / or breach rectified.

8.            Marketing your Product

We offer marketing to promote your products, the following conditions apply.

• You agree to permit us at our discretion to use your Posted product images, text, branding to market your product and the website from time not time through newsletters, social media, hatacademy.com website and any promotional channels to increase exposure of the Sellers product. The Seller must ensure they own the copyright of each photograph of their product and grants Hatporium and hatacademy.com the legal right to use photographs to promote the Sellers item for sale on the website and social media and the Hat Academy website.
• As a Seller you warrant that your product, photographs and description of products which you have listed on our website does not infringe on IP rights, trademarks, domain listings or copyrights, globally. Any complaints lodged about the same is the Sellers legal responsibility not that of Hatporium. Such a complaint will result in the Sellers listings suspended until the matter is resolved by the Seller and the third party. The product in question must be removed from the website immediately. During this negotiation period no subscription fees will not be refunded. To re-instate the Seller’s listing the Seller must notify Hatporium of the allegation and final resolution.
• We may use the services of a specialist Internet marketing business associated with Hatporium and hatacademy.com to ensure maximum publicity to engage with customers.
• The direction of marketing is determined by Hatporium.
• We give no guarantee as to the success of any marketing placed.

9.            Your Product warranties

• You warrant that any Product you place on Our Website for sale: is not: illegal, obscene, abusive, threatening, defamatory, invasive of privacy, infringing of intellectual property rights, inaccurate, or otherwise injurious to any third party; does not offend against the law of any country whose citizens might purchase it; is not intended primarily to advertise any business, except your Millinery business and millinery products.
• You warrant that you own the copyright of any Content you place on Our Website for sale, or that you have the permission of the copyright owner: to enter or upload that Content; To receive the net proceeds of such sales as arise.
• Millinery is defined as the business of or work of a milliner to create individual handmade hats and headwear to adorn a customers head. Headwear deemed unsuitable for classification as Millinery includes but not limited to; knitted headwear, baseball caps, work hats, visor, headwear accessories.
• You the Seller have determined the price of each product listed on the website and includes but not limited to your transaction fees and shipping fees plus relevant tax fees.
• Listed price must be a fair price to reflect hours of labour to create and coincide with industry standards.
• Seller must issue a receipt if requested by buyer.

10.            How we handle your Content

• If you Post Content to any public area of Our Website it becomes available in the public domain. We have no control who sees it or what anyone does with it.
• You now irrevocably authorise us to publish feedback, comments and ratings about your Products, services and activity through Our Website.
• We will use that licence only for commercial purposes of the business of Our Website and will stop using it after a commercially reasonable period of time.
• Posting content of any sort does not change your ownership of the copyright in it. We have no claim over it and we will not protect your rights for you.
• You understand that you are personally responsible for your breach of someone else’s intellectual property rights, defamation, or any law, which may occur as a result of any Content having been Posted by you;
• You accept all risk and responsibility for determining whether any Content is in the public domain and not confidential.
• Please notify us of any security breach or unauthorised use of your account.

11.            Restrictions on what you may Post to Our Website

• We invite you to Post Content to Our Website for marketing your products.
• We have to regulate your use of Our Website to protect our business and our staff, to protect other users of Our Website and to comply with the law.
• We do not undertake to moderate or check any item Posted.
• You agree that you will not use or allow anyone else to use Our Website to Post Content or undertake any activity which is or may:

• be unlawful, or tend to incite another person to commit a crime;
• be obscene, offensive, threatening, violent, malicious or defamatory;
• be sexually explicit or pornographic;
• be likely to deceive any person or be used to impersonate any person, or to misrepresent your identity, age or affiliation with any person;
• use a Posting to solicit responses unconnected with the purpose of Our Website or the terms proposed by this agreement.
• In addition, you must adhere to the terms of the PayPal Acceptable Use Policy. https://www.paypal.com/en/weba...

12.            Your Posting: restricted content

In connection with the restrictions set out below, we may refuse or edit or remove a Posting which does not comply with these terms. In addition to the restrictions set out above, a Posting must not contain:

• Hyperlinks or email address, other than yours and those specifically authorised by us, as explained on Our Website.
• keywords or words repeated, which are irrelevant to the Content Posted.
• the name, logo or trademark of any organisation other than yours.
• inaccurate, false, or misleading information.

13.            Security of Our Website

If you violate Our Website we shall take legal action against you. You now agree that you will not, and will not allow any other person to:

• modify, copy, or cause damage or unintended effect to any portion of Our Website, or any software used within it.
• link to our site in any way that would cause the appearance or presentation of the site to be different from what would be seen by a user who accessed the site by typing the URL into a standard browser;
• download any part of Our Website, without our express written consent;
• collect or use any product listings, descriptions, or prices;
• collect or use any information obtained from or about Our Website or the Content except as intended by this agreement;
• aggregate, copy or duplicate in any manner any of the Content or information available from Our Website, other than as permitted by this agreement or as is reasonably necessary for your use of the Services;
• share with a third party any login credentials

14.            Copyright and other intellectual property rights

• All content on Our Website, is the property of either us or our affiliates or suppliers of products for sale. It is all protected by international copyright laws.
• You may not copy, modify, publish, transmit, create derivative works from, or in any way exploit any of the content, except as is expressly permitted in this agreement or with our written consent.
• You must not collect information about other Sellers for third party distribution or copy or alter any wording of this web site.
• For the sake of good order you should note that copyright exists in compilations and graphic images, shapes and styles, as well as in raw text.
• We encourage originality in millinery creativity. Please be aware that replicating other milliner’s designs can be an infringement of another milliner’s intellectual property and that may lead to reputational damage or to criticism of you, or to legal action.

15.            Interruption to the Service

• We give no warranty that the Service will be satisfactory to you.
• We will do all we can to maintain access to Our Website, but it may be necessary for us to suspend all or part of our Service for repairs, maintenance or other good reasons. We may do so without telling you first.
• You acknowledge that our Service may also be interrupted for reasons beyond our control.
• You agree that we are not liable to you for any loss whether foreseeable or not, arising as a result of interruption to our Service.

16.            Our disclaimers

• We are not responsible for any business loss (including loss of profits, revenue, contracts, anticipated savings, data, goodwill or wasted expenditure) or any other indirect or consequential loss whatever.
• You are an independent Seller trading within the Hatporium marketplace. 
• We are not liable in any circumstances for damages resulting from loss of use, loss of data or loss of revenues or profits, whether in an action of contract, negligence or otherwise, arising out of or in connection with your use of Our Website.
• Our Website and Services are provided “as is”. As to Our Website and Services, we make no representation or warranty of any kind, express or implied, including, without limitations, warranties:
  • as to fitness of Our Website and Service for a particular purpose;
  • as to availability and accessibility, without interruption, or without error;
  • any obligation, liability, or remedy in tort whether or not arising from our negligence.
• You now expressly release us from any and all claims and liability known and unknown, arising in any way from a dispute between you and a buyer.

17.            Your indemnity to us

• You agree to indemnify us against all loss and expense, including legal fees and management time related in any way to:
• a claim by any person in respect of any Product;
• protecting the reputation of our business by our making a payment to a customer of yours in circumstances where you have failed to make that repayment or otherwise comply with your contract with that customer.
• any cost to us arising from a decision by us to comply as your agent, with any obligation of yours, whether or not we have your permission, arising out of any regulation or law, including:
  • the deletion or amendment of any text or other content you have placed on Our Website;
  • any payment we make on an ex gratia basis, arising from a contract between you and a buyer;
• legal or other fees we incur in defending a claim or the imposition of a fine or penalty;
• our management time in dealing with any failure or alleged failure by you to comply with any relevant regulation or law.

18.            Miscellaneous matters

• You undertake to provide to us your current land address, e-mail address, telephone number as often as they are changed together with all information that we may require to enable us to fulfil our obligations under this contract.
• The Seller takes full responsibility to maintain confidentiality of their own access to their store including log in details.
• If you have asked us to remember your credit card details in readiness for your next purchase or subscription, we will securely store your payment details on our systems. These details will be fully encrypted and only used to process your automatic monthly payments or other transactions which you have initiated.

19.            Contact information

Questions about the Terms of Service should be sent to   hello@hatacademy.com

Buyer Terms

Terms and Conditions applicable to a Buyer of Products using Hatporium

Terms and Conditions applicable to website visitors and a Buyer of goods using Hatporium / www.hatporium.com (“us”, “we”, etc).

These terms and conditions are the contract between you and Hatporium. By visiting or using Our Website, you agree to be bound by them.

Hatporium is a trade name of Australian Business Number 58835493400 whose registered office is at 43/36 Woodcliffe Cres Woody Point QLD 4019 Australia.

1.            Definitions

2.            Our contract

• Hatporium is an online marketplace. We are agents of a Seller only to the extent of use of Our Website as a platform for sale of their Products and for collection and forwarding of your money.
• Hatporium is neither a buyer nor seller of Products offered for sale in any form. Hatporium is never either a principal or agent in a buying transaction.
• We are not responsible to you further than to accept your money on purchase and pass it to the Seller.
• We welcome any comment or complaint about a Seller, which you make through Our Website. We may act upon a complaint in our discretion, for the benefit of the body of Hatporium members.
• We are not responsible for delivery of any Product you order or for the returns and repayment procedure should you decide to return a Product for any reason within in 48 hours from receipt of Shipping delivery.
• These terms and conditions regulate the business relationship between you and us. By using Our Website free of charge, you agree to be bound by them.
• We provide a marketplace for the supply of Products. We are in no way responsible for:
  • your locating and ordering a Product;
  • your choice of a Product;
  • any aspect of the provision of the Product;
  • refund payment for any Product;
  • any complaint about any Product.
• In any dispute with a Seller, you should deal only with the Seller. We have neither legal obligation nor detailed information about the Product.
• We may change this agreement in any way at any time. The version applicable to your contract is the version which was Posted on Our Website at the time that the contract was made. This is subject to the individual Seller policies.

 3.            Your account and personal information

• When you visit Our Website, you accept responsibility for any action done by any person in your name or under your account or password. You should take all necessary steps to ensure that the password is kept confidential and secure and should inform us immediately if you have any reason to believe that your password has become known to anyone else, or if the password is being, or is likely to be, used in an unauthorised manner.
• You agree that you have provided accurate, up to date, and complete information about yourself. We are not responsible for any error made as a result of such information being inaccurate.
• You agree to notify us of any changes in your information immediately it occurs. If you do not do so, we may terminate your account.

4.            The buying procedure

• Hatporium is not responsible for the fulfilment of your contract to buy a Product.
• Prices listed on Our Website by Sellers are inclusive of any applicable sales tax or GST or VAT.
• International shipments may be subject to duties and taxes depending on the item being shipped and the countries of the sending and receiving parties. Payment for all duties and taxes are the responsibility of the buyer or receiving party at the time of delivery. Discuss any overseas purchase with your Seller in relation to taxes to import product into your country. You the Buyer are considered the Importer and must comply with all laws, import duties/taxes and regulations of Buyers own country upon purchase and acceptance of product on arrival in Buyers country. These charges can not be added by Seller due to unpredictability and range of such a levy in the various countries.
• Neither we nor the Seller can be responsible for action by any governmental authority. We do not know and are not responsible for duties, taxes, fees, delays or impounding of any item.
• Unless it is clear to the contrary, you may assume that every sale is made by the Seller in the course of their business.
• Products may be offered for sale subject to any discount coupon or promotion arranged between Hatporium and the Seller.
• Subject to discounts and promotions, Products are offered for sale at a set price.
• All Products will be subject to a delivery charge which will be shown at the checkout unless specified otherwise. The delivery charge will be fixed by the Seller for each Product offered for sale. It may be changed at the discretion of the Seller. Once you have bought an item, the delivery charge offered to you cannot be increased.
• You are required to pay in the available currencies listed on Our Website. There may be a currency conversion fee associated with the payment process.
• Every sale will be subject to the laws applicable but there shall not be implied any right which is neither a legal right nor set down in these terms and conditions.
• Upon purchase of product the Seller will despatch and notify you the Buyer within 2 working days of receipt of money. Seller will use tracking service so both Buyer and Seller can monitor item in transit. Hatporium is not liable for this process.
• PayPal is our default payment system to ensure fast and secure payments. https://www.paypal.com
• To make future use of Our Website easier and faster for you, we will retain the personal and delivery information you give to us. We will not retain information relating to your payment or credit card. This financial information never comes into our control. For details about disclosure of personal information please see our privacy notice.

5.            Security of your credit card

• We take care to make Our Website safe for you to use. Card payments are not processed through pages controlled by us. We use PayPal online payment service providers who will encrypt your card in a secure environment.
• If you have asked us to remember your credit card details in readiness for your next purchase or subscription, we will securely store your payment details on our systems. These details will be fully encrypted and only used to process your automatic monthly payments or other transactions which you have initiated.

6.            Products returned guidelines

• Unless stated by Seller’s Product Seller Policies, these provisions apply in the event that you wish to return a Product to the Seller.
• The Seller does not accept returns unless there was a defect in the Product at the time of purchase, or the Seller has agreed in correspondence that you may return it. Correspondence must be made with in 48 hours of receiving Product.
• The Products must be despatched to the Seller as soon as any defect is discovered but not later than 7 days upon receipt of Shipping delivery.
• So far as possible, a Product should be returned: • with both Product and all packaging as far as possible in their original condition; • securely wrapped as originally packaged; • including the Seller’s delivery slip; • at your risk and cost.
• We advise you to follow the returns procedure set out on the Seller’s Product “Terms & Conditions” found in checkout, if any. If you do not do so, the Seller may be unable to identify you as the sender of the Products.
• If the Seller agrees that the item is faulty, the Seller will:
  • repair or replace the item if they choose.

7.            How we handle your Content

• Our privacy policy is thorough and precise. It complies fully with current law.
• If you Post Content to any public area of Our Website it becomes available in the public domain. We have no control who sees it or what anyone does with it.
• Even if access to your text is behind a user registration it remains effectively in the public domain because someone has only to register and log in, to access it. You should therefore avoid Posting unnecessary confidential information.
• We need the freedom to be able to publicise our Services and your own use of them. You therefore now irrevocably grant us the right and licence to edit, copy, publish, distribute, translate and otherwise use any Content that you place on Our Website, in public domains and in any medium. You represent and warrant that you are authorised to grant all such rights.
• We will use that licence only for commercial purposes of the business of Our Website and will stop using it after a commercially reasonable period of time.
• You agree to waive of your right to be identified as the author and your right to object to derogatory treatment of your work as provided in the Copyright Act 1968.
• You now irrevocably authorise us to publish feedback, comments and ratings about your activity through Our Website, even though it may be defamatory or critical.
• Posting content of any sort does not change your ownership of the copyright in it. We have no claim over it and we will not protect your rights for you.
• You understand that you are personally responsible for your breach of someone else’s intellectual property rights, defamation, or any law, which may occur as a result of any Content having been Posted by you.
• You accept all risk and responsibility for determining whether any Content is in the public domain and not confidential.
• Please notify us of any security breach or unauthorised use of your account.

8.            Restrictions on what you may Post to Our Website

We invite you to Post Content to Our Website in several ways and for different purposes. We have to regulate your use of Our Website to protect our business and our staff, to protect other users of Our Website and to comply with the law. These provisions apply to all users of Our Website. We do not undertake to moderate or check every item Posted, but we do protect our business vigorously. If we believe Content Posted breaches the law, we shall co-operate fully with the law enforcement authorities in whatever ways we can. You agree that you will not use or allow anyone else to use Our Website to Post Content or undertake any activity which is or may:

• be unlawful, or tend to incite another person to commit a crime;
• consist in commercial audio, video or music files;
• be obscene, offensive, threatening, violent, malicious or defamatory;
• be sexually explicit or pornographic;
• be likely to deceive any person or be used to impersonate any person, or to misrepresent your identity, age or affiliation with any person;
• use a Posting to solicit responses unconnected with the purpose of Our Website or the terms proposed by this agreement;
• request or collect passwords or other personal information from another user without his permission, nor Post any unnecessary personal information about yourself;
• be used to sell any goods or services or for any other commercial use not intended by us, for yourself or for any other person. Examples are: sending private messages with a commercial purpose, or collecting information with the intention of passing it to a third party for his commercial use;
• include anything other than words (i.e. you will not include any symbols or photographs) except for a photograph of yourself in your profile in such place as we designate;
• facilitate the provision of unauthorised copies of another person’s copyright work;
• link to any of the material specified in this paragraph;
• use distribution lists that include people who have not given specific permission to be included in such distribution process;
• send age-inappropriate communications or Content to anyone under the age of 18.

9.            Your Posting: restricted content

In connection with the restrictions set out below, we may refuse or edit or remove a Posting which does not comply with these terms.

• In addition to the restrictions set out above, a Posting must not contain:

• Hyperlinks or email addresses, other than those specifically authorised by us;
• keywords or words repeated, which are irrelevant to the Content Posted.
• the name, logo or trademark of any organisation other than yours.
• inaccurate, false, or misleading information.

10.            Removal of offensive Content

• For the avoidance of doubt, this paragraph is addressed to any person who comes on Our Website for any purpose.
• We are under no obligation to monitor or record the activity of any user of Our Website for any purpose, nor do we assume any responsibility to monitor or police Internet-related activities. However, we may do so without notice to you and without giving you a reason.
• If you are offended by any Content, the following procedure applies:
  • your claim or complaint must be submitted to us by post or email.
  • we shall remove the offending Content as soon as we are reasonably able.
  • after we receive notice of a claim or complaint, we shall investigate so far as we alone decide.
  • we may re-instate the Content about which you have complained or we may not.
• In respect of any complaint made by you or any person on your behalf, whether using our form of complaint or not, you now irrevocably grant to us a licence to publish the complaint and all ensuing correspondence and communication, without limit.
• You now agree that if any complaint is made by you frivolously or vexatiously you will repay us the cost of our investigation including legal fees, if any.

11.            Security of Our Website

If you violate Our Website we shall take legal action against you. You now agree that you will not, and will not allow any other person to:

• modify, copy, or cause damage or unintended effect to any portion of Our Website, or any software used within it.
• link to Our Website in any way that would cause the appearance or presentation of the site to be different from what would be seen by a user who accessed the site by typing the URL into a standard browser;
• download any part of Our Website, without our express written consent;
• collect or use any product listings, descriptions, or prices;
• collect or use any information obtained from or about Our Website or the Content except as intended by this agreement;
• aggregate, copy or duplicate in any manner any of the Content or information available from Our Website, other than as permitted by this agreement or as is reasonably necessary for your use of the Services;
• share with a third party any login credentials to Our Website.

12.            Copyright and other intellectual property rights

• All Content on Our Website, for example page text, graphics, logos, images, audio clips, digital downloads, data compilations, and software, is the property of either us or our affiliates or suppliers of Products for sale. It is all protected by international copyright laws.
• You may not copy, or in any way exploit any of the Content, except as is expressly permitted in this agreement or with our written consent. For the sake of good order you should note that copyright exists in compilations and graphic images, shapes and styles, as well as in raw text.

13.            Interruption to the Hatporium Service

• We give no warranty that the Hatporium Service will be satisfactory to you.
• We will do all we can to maintain access to Our Website, but it may be necessary for us to suspend all or part of Hatporium Service for repairs, maintenance or other reason. We may do so without telling you first.
• You acknowledge that our Service may also be interrupted for reasons beyond our control.
• You agree that we are not liable to you for any loss whether foreseeable or not, arising as a result of interruption to our Service.

14.            Our disclaimers

• Our Website contains links to other Internet websites. We have neither power nor control over any such website. You acknowledge and agree that we shall not be liable in any way for the Content of any such linked website, nor for any loss or damage arising from your use of any such website.
• We are not liable in any circumstances for special, indirect, consequential damages or any damages whatsoever resulting from loss of use, loss of data or loss of revenues or profits, whether in an action of contract, negligence or otherwise, arising out of or in connection with your use of Our Website.
• The Hatporium Website and Hatporium Services are provided “as is”. We make no representation or warranty of any kind, express or implied, including, without limitation, any warranty that either of them will be:
  • of satisfactory quality;
  • fit for a particular purpose;
  • available or accessible, without interruption, or without error.
• So far as concerns a Product you buy through Our Website, we are not liable for:
  • any product or service complying with the requirement of any law or being available;
  • the Seller performing his contract.
• You now expressly release us from any and all claims and liability known and unknown, arising in any way from a dispute between you and a Seller.

15.            Indemnity

You agree to indemnify us against any loss, damage or liability, suffered by us at any time and arising out of:

• any act, neglect or default of yours in connection with this agreement or your use of the Services;
• your breach of this agreement;
• your failure to comply with any law;
• a contractual claim arising from your use of the Services and purchase of a Product.

16.            Miscellaneous matters

• If any term or provision of this agreement is at any time held by any jurisdiction to be void, invalid or unenforceable, then it shall be treated as changed or reduced, only to the extent minimally necessary to bring it within the laws of that jurisdiction and to prevent it from being void and it shall be binding in that changed or reduced form. Subject to that, each provision shall be interpreted as severable and shall not in any way affect any other of these terms.
• For the purposes of the Privacy Act 1988 as amended you consent to the processing of your personal data (in manual, electronic or any other form) relevant to this agreement, by us and/or any agent or third party nominated by us and bound by a duty of confidentiality. Processing includes but is not limited to obtaining, recording, using and holding data and includes the transfer of data to any country in any part of the World.
• If you are in breach of any term of this agreement, we may:
  • publish all text and Content relating to the claimed breach, including your name and email address and all correspondence between us and our respective advisers; and you now irrevocably give your consent to such publication.
  • terminate your account and refuse access to Our Website;
  • remove or edit Content, or cancel any order at our discretion;
  • issue a claim in any court.
• Any obligation in this agreement intended to continue to have effect after termination or completion shall so continue.
• No failure or delay by any party to exercise any right, power or remedy will operate as a waiver of it nor indicate any intention to reduce that or any other right in the future.
• When you visit Our Website or send messages to us by email, you are communicating with us electronically. We communicate with you by e-mail or by posting notices on Our Website. You agree that all our electronic communications satisfy any legal requirement that such communications be in writing.
• Any communication to be served on either of us by the other shall be delivered by hand or sent by first class post or recorded delivery or by e-mail.
• It shall be deemed to have been delivered: • if delivered by hand: on the day of delivery; • if sent by post to the correct address: within 72 hours of posting; • If sent by e-mail to the address from which the receiving party has last sent e-mail: • within 24 hours if no notice of non-receipt has been received by the sender.
• In the event of a dispute between us, then, if we so ask, you undertake to attempt to settle the dispute by engaging in good faith with us in a process of mediation before commencing arbitration or litigation.

• This agreement does not give any right to any third party.
• We shall not be liable for any failure or delay in our performance of this agreement which is caused by circumstances beyond our reasonable control, including any labour dispute.
• In the event of any conflict between any term of this agreement and the provisions of the constitution of a limited company or any comparable document intended to regulate any other corporate or collective body, then the terms of this agreement shall prevail.
• This agreement shall not be governed by the United Nations Convention on Contracts for the International Sale of Goods, the application of which is hereby expressly excluded.
• The validity, construction and performance of this agreement shall be governed by the laws of the State of Queensland, Australia.

17.            Contact information

Questions about the Terms of Service should be directed here.