Welcome to our website. This website is owned and operated by Debbie Rossi ABN 80 057 846 755 trading as Little Things in Common successors and assignees, (we or us). It is available at: www.littlethingsincommon.com.au and includes our forums (Site) and may be available through other addresses or channels.
These Terms of Use (Terms) govern your use of our Site and form a contract between you and us if you use the Site. Please read these Terms carefully. Please contact us if you have any questions, at [email protected] Your use of the Site indicates that you have had sufficient opportunity to access the Terms and that you have read and accepted the Terms.
1. Information: The information, including statements, opinions and documents contained in this Site (Information) is for general information purposes only. It does not take into account your specific needs, objectives or circumstances, and it is not advice. Any reliance you place on the Information is at your own risk. Before acting on any Information, we recommend that you consider whether it is appropriate for your circumstances, carry out your own research and seek professional advice, where necessary.
2. Amendment: The Information and Terms may be amended without notice from time to time in our sole discretion. Your use of our Site following any amendments indicates that you accept the amendments. You should check the Terms regularly to ensure you are aware of any changes, and only proceed to use the Site if you accept and will comply with the new Terms.
3. Your warranties: You warrant to us that you have the legal capacity to enter these Terms and form a contract, and that you have read and understood the Terms, before using the Site.
4. License to use the Site: We grant you a non-exclusive, royalty-free, revocable, worldwide, non- transferable right and licence to use the Site for your personal, non-commercial use, in accordance with the Terms. All other uses are prohibited without our prior written consent.
5. Prohibited Conduct: You must not:
(a) Use the Site for any activities, or to post or transmit any material from the Site:
6. Copyright and Intellectual Property Rights:
Our Site contains material which is owned by or licensed to us and is protected by Australian and international laws, including but not limited to the trademarks, trade names, software, content, design, images, graphics, layout, appearance, layout and look of our Site. We own the copyright which subsists in all creative and literary works displayed on the Site.
You agree that, as between you and us, we own all intellectual property rights in the Site, and that nothing in these Terms constitutes a transfer of any intellectual property ownership rights. Your use of the Site does not grant you a licence, or act as a right of use, of any of the intellectual property, whether registered or unregistered, displayed on the Site without the express written permission of the owner.
You must not breach any copyright or intellectual property rights connected with this Site. This includes but is not limited to:
(a) altering or modifying any of the code or the material on the Site;
(b) causing any of the material on the Site to be framed or embedded in another website;
(c) creating derivative works from the content of the Site; or
(d) using our Site for commercial purposes.
7. Republishing:
You may republish, copy, distribute, transmit, or publicly display (in hard copy, soft copy or online) material on the Site on the following grounds:
(a) you must make no alterations to the material;
(b) you must attribute the material to our Site, including linking back to our Site where
possible; and
(c) you must not do so in a way that could reasonably be considered to be obscene,
inappropriate, defamatory, disparaging, indecent, seditious, offensive, pornographic,
threatening, abusive, liable to incite racial hatred, discriminatory, blasphemous, in breach
of confidence or in breach of privacy, or that would bring us, or the Site, into disrepute.
8. Personal Information: You acknowledge that we are unable to guarantee the accuracy of information provided to you by or about other users, and that we are unable to confirm that any user is who he or she claims to be. You agree to take all necessary precautions when communicating with or meeting users through this service.
By agreeing to these terms and conditions you agree to be communicated to, by us, for page notifications and updates via the email address that you provide to us.
9. Privacy: We are committed to protecting your privacy. Please read our Privacy Policy, available on our Site. By agreeing to the Terms, you agree to accept our Privacy Policy.
10. Your content: If you choose to add any content on the Site, you:
(a) warrant to us that you have all necessary rights to post the content;
(b) grant us a perpetual, non-exclusive, royalty-free, irrevocable, worldwide and transferable
right and licence to use that content in any way (including but not limited to, by
reproducing, changing, and communicating the content to the public) and permit us to
authorise any other person to do the same thing; and
(c) consent to any act or omission which would otherwise constitute an infringement of your
moral rights, and if you add any content in which any third party has moral rights, you must
ensure that the third party consents in the same manner.
11. Content Removal: We reserve the right to remove any post or other material without warning or further notice. While we prohibit such conduct and content, you understand and agree that you nonetheless may be exposed to such conduct or content.
12. Events: You assume all risk when using the Site including but not limited to all of the risks associated with any online or offline interactions with others, including subsequent in-person meetings of users. Through our Site we provide tools to you to arrange physical meetings at venues that include, but are not limited to, public parks, private homes or private enterprises (such as coffee shops or retail stores) (Events). We do not supervise these Events and are not involved in any way with the actions of any individuals at these activities. You agree that we have no control over the identity or actions of the individuals who are present at these Events. You use the Site and attend Events at your own risk.
13. Release:
You agree that:
(a) we do not supervise or control the Events or interactions among or between users of the
Site and other persons or companies;
(b) we are not involved in any way with physical transportation to or from these Events or with
the actions of any individuals at Events;
(c) we cannot guarantee the true identity, age, nationality of Site users,
(d) we have very limited control, if any, over the quality, safety, morality, legality, truthfulness
or accuracy of various aspects of the Site;
(e) you bear all risk and release us (and our officers, directors, shareholders, agents,
employees, affiliates, subsidiaries, and third party partners) and organisers and creators or
hosts and their designees from claims, demands, and damages (actual and consequential)
of every kind and nature, known and unknown, suspected and unsuspected, disclosed and
undisclosed, now and in the future, arising out of or in any way connected with your use of
the Site, your Third Party transactions, our resolution of any disputes among users, and/or
your transportation to or from, attendance at, or your actions or other people’s actions at
Events.
14. Third party information: The Site may contain third party information, including but not limited to user comments, guest articles and advertisements (Third Party Information). We do not control, recommend, endorse, sponsor or approve Third Party Information, including any information, products or services mentioned in Third Party Information. You should make your own investigations with respect to the suitability of Third Party Information for you
15. Third Party links and websites: This Site may contain links to websites owned by third parties (Third Party Sites). We do not control, recommend, endorse, sponsor or approve Third Party Sites, including any information, products or services mentioned on Third Party Sites. You should make your own investigations with respect to the suitability of Third Party Sites for you.
16. Reservation of Rights: We reserve the right to amend or delete any and all of your content, Third Party Information and/or Third Party Sites, and to block any user, if we believe that there is a violation of these Terms, or for any other reason, in our sole discretion.
17. Delays and outages: We are not responsible for any delays or interruptions to the Site. We will use commercially reasonable efforts to minimise delays and interruptions. We cannot warrant that the Site will be available at all times or at any given time. We may at any time and without notice to you, discontinue the Site in whole or in part. We are not responsible for any loss, cost, damage or liability that may result from our discontinuance of the Site.
18. Limitation of Liability:
To the extent permitted by law, we exclude all liability for any loss, damage, costs or expense, whether direct, indirect, incidental, special and/or consequential including loss of profits, suffered by you or any third party, or claims made against you or any third party which result from any use or access of, or any inability to use or access the Site.
To the extent permitted by law, we exclude all representations, guarantees, warranties or terms (whether express or implied) other than those expressly set out in these Terms, and the Australian Consumer Law to the extent applicable.
19. Disclaimer:
The Site is provided to you without warranties, express or implied, including but not limited to implied warranties of merchantability and fitness for a particular purpose. We do not warrant that the functions contained in any material on the Site or your access to the Site will be error free, that any defects will be corrected, that the Site or the server which stores and transmits material to you are free of viruses or any other harmful components, or that the Site will operate on a continuous basis or be available at any time.
While we endeavour to keep the Site and information up to date and correct, we make no representations, warranties or guarantee, express or implied, about:
(a) the completeness, accuracy, reliability, suitability or availability of any Information, images,
products, services, or related graphics contained on the Site for any purpose;
(b) Third Party Information; or
(c) Third Party Sites.
You read, use, and act on information contained on the Site, Third Party Information and/or Third Party Sites, strictly at your own risk.
20. Indemnity: By using the Site, you agree to defend and fully indemnify and hold us (and our officers, directors, employees and agents) harmless from and against all claims, actions, suits, demands, damages, liabilities, costs or expenses (including legal costs and expenses on a full indemnity basis), including in tort, contract or negligence, arising out of or connected to:
(a) your use of or access to the Site;
(b) any breach by you of these Terms; or
(c) any wilful, unlawful or negligent act or omission by you.
This defence and indemnification obligation will survive these Terms and your use of the Site. These Terms, and any rights and licenses granted hereunder, may not be transferred or assigned by you, but may be assigned by us without restriction.
21. Breach: You may only use the Site for lawful purposes and in a manner consistent with the nature and purpose of the Site. By using this Site, you agree that the exclusions and limitations of liability set out in these Terms are reasonable. If you do not think they are reasonable you must not use this Site. We reserve the right to remove any and all content found to be in breach of copyright, or which in our opinion is deemed inappropriate and/or illegal. If you breach the Terms, we reserve the right to block you from the Site and to enforce our rights against you. If we do not act in relation to a breach of the Terms by you, this does not waive our rights to act with respect to subsequent or similar breaches of the Terms by you. All rights not expressly granted in the Terms are reserved.
22. Exclusion of Competitors: You are prohibited from using our Site, including our information, in any way that competes with our business. If you breach this term, we will hold you responsible for any loss that we may sustain, and hold you accountable for any profits that you may make from non- permitted use. We reserve the right to exclude any person from using our Site and Information, in our sole discretion.
23. Enforceability: If any provision of the Terms is found to be illegal, invalid or unenforceable by a court of law, then the provision will not apply in that jurisdiction and is deemed not to have been included in the Terms in that jurisdiction. This will not affect the remainder of the Terms, which continue in full force and effect.
24. Termination: The Terms are effective until terminated by us, which we may do at any time and without notice to you. In the event of termination, all restrictions imposed on you by the Terms and limitations of liability set out in the Terms will survive.
25. Disputes: You agree to use your best endeavours to use mediation and negotiation to resolve any dispute arising out of or relating to these Terms, prior to resorting to an external dispute resolution process. Please notify us in writing of any dispute you may have.
26. Jurisdiction: Your use of this Site and any dispute arising out of your use of it is subject to the laws of Victoria and the Commonwealth of Australia. These Terms are governed by the laws of Victoria and the Commonwealth of Australia and subject to the exclusive jurisdiction of the courts operating in Victoria. The Site may be accessed throughout Australia and overseas. We make no representation that the Site complies with the laws (including intellectual property laws) of any country outside Australia. If you access the Site from outside Australia, you do so at your own risk and are responsible for complying with the laws in the place where you access the Site.
27. General: If a provision of these Terms is invalid or unenforceable it is to be read down or severed to the extent necessary without affecting the validity or enforceability of the remaining provisions. If we do not act in relation to a breach by you of these Terms, this does not waive our right to act with respect to that breach or subsequent or similar breaches. Each party must at its own expense do everything reasonably necessary to give full effect to these Terms and the events contemplated by it.
Debbie Rossi ABN 80 057 846 755 trading as Little Things in Common (referred to as LTIC) provides an online introductory, networking and transaction platform between parents and carers who are seeking to purchase (Buyers) or promote and sell (Sellers) custom made or-preloved products (Products), collectively referred to as the Services. These Services are available on LTIC’s website available at www.littlethingsincommon.com.au (Site).
1. Online Registration>
(a) To use the Services, an individual, either as a Buyer or Seller, must become a member (Member) by registering for an account on the Site (Account). An individual may only register for one (1) Account. (b) Information is required when registering on the Site as a Member, and Members are required to provide the requested information. (c) Each Member agrees to provide accurate, current and complete information during the registration process and to update such information to keep it accurate, current and complete. LTIC reserves the right to suspend or terminate any Member’s Account and access to the Site and Services if information it provided proves to be inaccurate, out of date or incomplete. (d) Information that is provided when a Member registers, and any subsequent information that is provided by the Member, is stored with the hosting provider which may host their servers within or outside of Australia, and have their own security protocols and tools. (e) It is the Member’s responsibility to keep information secure and confidential. Each Member is liable for all activity on its Account, including any payments that are made using the Account details. (f) Each Member agrees not to disclose its password to any third party and will accept sole responsibility for any activities or actions under his or her Account, whether or not such activities or actions have been authorised. (g) Each Member agrees to immediately notify LTIC of any unauthorised use of his or her Account. (h) A Member must be based in Australia or New Zealand.
2. Contract
(a) These Terms and Conditions (Terms) form a binding legal agreement between LTIC, its directors,
officers, employees, successors and assignees, and each Member using the Services. By using the Site
and Services, the Member agrees to comply with and be legally bound by these Terms. Please read
these Terms carefully. If there are any questions, the Member is encouraged to contact LTIC using the
contact details at the end of these Terms.
(b) The Member’s use of the Sites and/or Services indicates that:
If this is not correct, or if the Member does not agree to these Terms, the Member is not permitted to use any of the Services.
(c) These Terms may be amended from time to time without prior notice. Use of the Services following
any such amendments will be deemed to be confirmation that the Member accepts those
amendments. LTIC recommends that the Member check the current Terms, before continuing use of
the Services. LTIC’s agents, employees and third parties do not have authority to make changes to the
Terms.
(d) LTIC’s Terms of Use set out the terms and conditions for using the Site. LTIC’s Privacy Policy sets out
how personal information is collected, used and protected. These are available on the Site.
3. Introductory, Networking and Transaction Service Only
(a) The Site and Services provides an online introductory, networking and transaction platform between
Buyers and Sellers.
(b) Sellers are able to:
4. Payments
(a) To register on the Site, the Member is required to pay LTIC either a quarterly or an annual fee as set
out on the Site (Fee). An Account cannot be created until payment of the Fee is validated by LTIC.
(b) An annual Fee must be paid each year. A quarterly fee must be paid each quarter. LTIC will send the
Member a reminder when payment of the Fee is due. Non-payment of the Fee will result in the
Account being terminated.
(c) A Buyer purchasing a Product from a Seller is required to pay to the Seller the price for such Product as
nominated by the Seller and set out on the Site (Price).
(d) Buyers acknowledge and agree that they are required to pay the Price and the delivery charges to the
Seller upfront.
(e) No Product will be delivered by the Seller to the Buyer, until payment is received from the Buyer.
(f) Unless otherwise advised, or stated on the Site, all Prices are in Australian dollars.
(g) Goods and Services Tax (GST) will be charged where applicable.
(h) If a Buyer or Seller is based overseas, there may be import duties, taxes or other charges which will be
payable. Such duties, taxes or other charges are not included in the Price and will be the sole
responsibility of the Buyer. The Buyer is encouraged to contact the relevant customs office to
determine if there are any import duties, taxes or other charges which may be payable.
(i) Payments will be made via PayPal. Payments will be processed upon request for any of the Services or
Products. Members must not pay, or attempt to pay, for any of the Services or Products through
fraudulent or unlawful means. No Services or Products will be provided until payment is successfully
processed.
(j) In the absence of fraud or mistake, all payments made are final and the Member shall not have the
right to cancel any payments for any reason.
(k) If a Member makes a payment by credit card via PayPal, the Member warrants that the information
provided is true and complete, it is authorised to use the credit card to make the payment, the
payment will be honoured by the card issuer, and that it will maintain sufficient funds in the account
to cover the Fee or Price (as applicable).
(l) For each Product, delivery charges will be stipulated by the Seller but not included in the Price. Subject
to clauses 4(g) and 4(h), the Price, together with the delivery charges as set out on the Site, will be
final, regardless of whether actual delivery charges were more or less than as indicated on the Site.
(m) LTIC’s pricing structure or payment methods may be amended from time to time in its sole discretion.
5. Delivery
(a) The Seller is to arrange delivery of any Product to the Buyer. LTIC is not involved in the delivery
process.
(b) Buyers are required to refer to delivery information provided by the Seller to check that they are
within the delivery area.
(c) Cost: Delivery charges for any Product are not included in the Price.
(d) Timing: The timing for a Seller to dispatch a Product after receipt of the Buyer’s order is usually
within 7 days (or 30 days if the Product is custom made).
(e) Change: Once payment has been confirmed, a Buyer cannot change the delivery address. If the
Buyer is not available to take delivery on the agreed delivery date, the Buyer may be charged a
delivery fee for each additional attempt for delivery.
(f) Method: Products may be delivered via a range of delivery methods. All deliveries must be signed
for. If neither the Buyer nor an authorised representative is at the delivery address to take delivery,
the Buyer will be notified by the delivery company.
(g) Risk: Risk of loss, damage or deterioration to any Product will pass to the Buyer on delivery.
(h) Delays and damages: If a Product is delayed, damaged or goes missing in the delivery process,
please contact the relevant Seller. LTIC is not responsible and will not be liable for any Products
which are delayed, are damaged or go missing in transit.
6. Buyers
(a) Buyers must register for an Account to use the Services, and each Buyer agrees to provide accurate,
current and complete information, and to update the information to keep it accurate, current and
complete.
(b) The Buyer may purchase Products from a Seller’s Shop. Any arrangement or agreement made is
between the Buyer and Seller. LTIC is not a party to any such arrangement or agreement, and the
Buyer agrees to indemnify LTIC from any loss, harm, damage or claim which arises, as a result of the
subsequent arrangement or agreement.
(c) Each Buyer acknowledges and agrees that any communications, arrangements or agreements entered
into with a Seller are at its own risk. LTIC does not provide the Sellers or its Products and cannot
guarantee that:
7. Sellers
(a) Sellers who have created an Account may create a Shop to sell their Products. The Shop will be
created from information that is provided to LTIC.
(b) For each Product displayed in a Shop, the Seller is required to nominate a Price and stipulate delivery
fees.
(c) Buyers will pay the Price and the delivery charges to the Seller through the Site and via PayPal.
(d) Each Seller agrees to provide accurate, current and complete information, and to update the
information to keep it accurate, current and complete, and that it is responsible for its own Shop and
Products.
(e) Each Seller acknowledges and agrees that any communications, arrangements and agreements
entered into with a Buyer are at its own risk. LTIC does not provide the Buyers and cannot guarantee
that these Buyers have genuine intentions.
(f) Each Seller should report to LTIC, any activities or requests of Buyers which are, or which the Seller
reasonably believes to be:
8. Forums
(a) The Site has a forum on which Members are able to communicate.
(b) LTIC asks Members to limit their discussions to topics which are relevant to LTIC’s Site and Services.
(c) LTIC reserves the right to remove any posts by Members which LTIC, in its sole discretion, deems to
be inappropriate.
(d) Members acknowledge and agree that they are not permitted to post posts which contain foul
language, illegal material, defamatory comments, posting business advertisement, spam, religious
debates, comments which incite fear, and any form of abuse, insults or personal attacks.
9. Dispute Resolution
(a) By using the Site and Services, each Member agrees that any legal remedy or liability that it may seek
to obtain for actions or omission of an Buyer, Seller, or other third party, will be limited to a claim
against the Buyer, Seller, or other third party, who caused harm to him or her. LTIC encourages
Members to communicate directly with the relevant Buyer, Seller or third party to resolve any
disputes.
(b) LTIC welcomes feedback from its Members. LTIC seeks to resolve concerns quickly and effectively. If
any Member has any feedback or question about the Services, please contact LTIC using the contact
details at the end of these Terms.
(c) If there are any complaints from a Member, LTIC will aim to respond and provide a suitable solution
within ten (10) business days. If a Member is not satisfied with LTIC’s response, the Member and LTIC
agree to the following dispute resolution procedure.
10. Consumer Guarantees
(a) Consumer legislation in Australia including the Australian Consumer Law (ACL) in the Consumer and
Competition Act 2010 (Cth) provides consumers with guarantees that cannot be excluded, restricted
or modified (Statutory Rights). Similar consumer protection laws and regulations in other countries
may provide consumers with similar guarantees.
(b) If a Member is a consumer as defined in the ACL, the following notice applies: “We guarantee that the
Services we supply to you are rendered with due care and skill; fit for the purpose that we advertise, or
that you have told us you are acquiring the Services for or for a result which you have told us you wish
the Services achieve, unless we consider and disclose that this purpose is not achievable; and will be
supplied within a reasonable time. To the extent we are unable to exclude liability; our total liability for
loss or damage you suffer or incur from our Services is limited to us re-supplying the Services to you, or,
at our option, us refunding to you the amount you have paid us for the Services to which your claim
relates.
(c) LTIC does not provide any Buyer, Seller, Member, or any third party, who uses the Site or Services.
LTIC has no responsibility and no liability for any Buyer, Seller, Member, or any arrangements or
agreements entered into between any Members.
11. Cancellation and Termination
(a) Members can deactivate their Account at any time via the Site.
(b) Subject only to the ACL, no refunds will be provided to Members who deactivate their Account.
(c) LTIC reserves the right to terminate an Account if:
12. Copyright and Intellectual Property
(a) Intellectual Property includes all code, algorithms, copyright, fees, pricing, registered and
unregistered, logos, slogans, designs, audio tracks, information, images, photographs, patents, know-
how, trade secrets, ideas, methods, diagrams, drawings, databases, notes, documents, confidential
information and any other proprietary or industrial rights relating to LTIC (in each case whether
registered or unregistered or whether capable of registration), together with any applications for
registration and any rights to registration or renewal of such rights anywhere in the world and
whether created before or after the date of these Terms; goodwill in the business; trade, business
company or organisation names; internet domain names; and Site content, images and layout.
(b) The Site contains material which is owned by or licensed to LTIC (or affiliates and/or third party
licensors as applicable), and is protected by Australian and international laws, including but not limited
to the trademarks, trade names, software, content, design, images, graphics, layout, appearance,
layout and look of the Site (Collective Content). LTIC and all material used in connection with the Site
are unregistered or registered trademarks of LTIC.
(c) Each Member agrees that, as between the Member and LTIC, LTIC owns all Intellectual Property rights
in the Site and Services, and that nothing in these Terms constitutes a transfer of any Intellectual
Property rights. LTIC owns the copyright which subsists in all creative and literary works displayed in
the Site and Services. The Site and Services are protected by copyright, trademark, patent, trade
secret, international treaties, laws and other proprietary rights, and also may have security
components that protect digital information only as authorized by LTIC or the owner of the content.
(d) Other trademarks, service marks, graphics and logos used in connection with the Site and Services are
the trademarks of their respective owners (collectively Third Party Marks).
(e) Any of LTIC Intellectual Property and Third Party Marks may not be copied, imitated or used, in whole
or in part, without the prior written permission of LTIC or the applicable trademark holder.
(f) Members of the Site do not obtain any interest or license in the Intellectual Property or Third Party
Marks without the prior written permission of LTIC or the applicable trademark holder. Members
must not do anything which may interfere with or breach the Intellectual Property rights of LTIC.
13. Member License
(a) Subject to these Terms, LTIC grants the Member a personal, non-exclusive, non-transferable, limited
and revocable license to use the Site and Services for use as permitted in accordance with these Terms
(Member License), and not to use the Site and Services in any other way or for any other purpose,
apart from local fair dealing legislation. All other uses are prohibited without LTIC’s prior written
consent.
(b) The right to use the Site and Services is licensed to the Member and is not being sold. The Member
has no rights in the Site and Services other than to use it in accordance with these Terms.
(c) This Agreement and Member License governs any updates to, or supplements or replacements for,
the Site and Services, unless separate terms accompany such updates, supplements or replacements,
in which case the separate terms will apply.
14. Permitted and Prohibited Conduct
(a) Each Buyer and Seller is solely responsible for compliance with any and all laws, rules, regulations, and
tax obligations that may apply to his or her use of the Site and Services. In connection with the use of
the Site and Services, each Buyer and Seller may not, and agrees that it will not:
15. ContentM
(a) The Site and Services, and Collective Content are protected by copyright, trademark, and other laws of
Australia and foreign countries. The Member acknowledges and agrees that the Site, Services and
Collective Content, including all associated intellectual property rights is the exclusive property of LTIC
and its licensors. The Member will not remove, alter or obscure any copyright, trademark, service
mark or other proprietary rights notices incorporated in or accompanying the Site and Services, or
Collective Content.
(b) The Member agrees that it will not post, upload, publish, submit or transmit any content that:
16. Member Content
(a) Members are permitted to post, upload, publish, submit or transmit relevant information and content
(Member Content). By making available any Member Content on or through the Site and Services, the
Member grants to LTIC a worldwide, irrevocable, perpetual, non-exclusive, transferable, royalty-free
license to use the Member Content, with the right to use, view, copy, modify, distribute, transfer or
transmit such Member Content, for the purpose of providing the Services and other internal
administrative purposes.
(b) LTIC will not sell or make available any Member Content to external parties that are not associated
with the operations and functions of the Site and the Services.
(c) Each Member is solely responsible for the Member Content that it makes available through the Site
and Services. The Member represents and warrants that:
17. Disclaimers
(a) LTIC simply provides an online platform where Buyers and Sellers are able to communicate and
transact but does not provide any advice or recommendations.
(b) LTIC does not guarantee that Buyers will be able to find desirable Shops and Products or that Products
will be purchased by Buyers.
(c) LTIC does not endorse or verify any Buyer, Seller, Shop, or Product.
(d) LTIC requires Buyers and Sellers to confirm that they have provided accurate information but LTIC
does not confirm any Buyer or Seller’s identity or perform any background or credential checks of
Buyers, Sellers or Products.
(e) LTIC cannot and does not control the condition, legality or suitability of any of the Sellers or their
Products.
(f) LTIC accepts no responsibility for and makes no representations or warranties to a Member or to any
other person as to the reliability, accuracy or completeness of the information contained on the Site,
including any representation made or information provided by a Seller in relation to any Products. LTIC
disclaims any and all liability related to any and all Buyers, Sellers, Shops and Products.
(g) While LTIC takes reasonable efforts to prevent the loss of data uploaded by a Member onto the Site
and Services, as the Site is hosted on a third party server, LTIC does not make any guarantees that
there will be no loss of data.
(h) To the fullest extent allowable under applicable law, LTIC disclaims all warranties, representations and
conditions, whether express or implied, including any warranties, representations and conditions that
the Site or Services are merchantable, of satisfactory quality, reliable, accurate, complete, suitable or
fit for a particular purpose or need, non-infringing or free of defects or errors.
(i) For the avoidance of doubt, LTIC is not responsible for any taxation, visa or immigration matters
associated under these Terms. LTIC advises that all Buyers and Sellers using the Site and Services to
seek their own advice in relation to these matters.
(j) Each Buyer and Seller who uses the Site and Services does so at its own risk.
(k) LTIC excludes all express and implied conditions and warranties, except for the Member’s Statutory
Rights, to the fullest extent permitted by law, including but not limited to:
18. Limitation of Liability
(a) The total liability of LTIC arising out of or in connection with the Site, Services or these Terms, however
arising, including under contact, tort including negligence, in equity, under statute or otherwise, will
not exceed the total fees paid by a Member to LTIC in the twelve (12) month period prior to the event
giving rise to the liability, or one hundred dollars (AUD$100) if no such payments have been made, as
applicable.
(b) The limitations of damages set out in the above sub-clause are fundamental elements of the basis of
the bargain between LTIC and a Member. Some jurisdictions do not allow the exclusion or limitation of
liability for consequential or incidental damages, so the above limitation may not apply to every
Member.
(c) This limitation of liability reflects the allocation of risk between the parties. The limitations specified in
this section will survive and apply even if any limited remedy specified in these Terms is found to have
failed in its essential purpose. The limitations of liability provided in these Terms inure to the benefit
of LTIC.
19. Indemnity
(a) Each user agrees to defend and indemnify and hold LTIC (and its parent, related bodies corporate,
officers, directors, contractors, employees and agents) harmless from and against any claims, actions,
suits, demands, damages, liabilities, costs or expenses (including legal costs and expenses on a full
indemnity basis), including in tort, contract or negligence, arising out of or connected to use of or
access to the Services; any breach by the Member of these Terms; any wilful, unlawful or negligent act
or omission by the Member; and any violation by the Member of any applicable laws or the rights of
any third party.
(b) LTIC reserves the right to assume the exclusive defence and control of any matter otherwise subject to
indemnification by the Member, in which event the Member will cooperate in asserting any available
defences.
(c) This defence and indemnification obligation will survive these Terms and the Member’s use of the Site
or Services. These Terms, and any rights and licenses granted hereunder, may not be transferred or
assigned by the Member, but may be assigned by LTIC without restriction.
20. General
(a) Accuracy: While LTIC endeavours to keep the information up to date and correct, LTIC makes no
representations, warranties or guarantee, express or implied, about the completeness, accuracy,
reliability, suitability or availability of any information, images, products, services, or related graphics
contained on the Site for any particular purpose. Each Member hereby acknowledges that such
information and materials may contain mistakes, inaccuracies or errors and LTIC expressly excludes
any liability for such to the fullest extent permissible by law.
(b) Termination: LTIC reserves the right to refuse supply of the Services, terminate an Account, and
remove or edit content on the Site at its sole discretion, without incurring any liability to any Member.
(c) Force Majeure: LTIC will not be liable for any delay or failure to perform its obligations under the
Terms if such delay is due to any circumstance beyond LTIC’s reasonable control.
(d) Notice: Any notice in connection with the Terms will be deemed to have been duly given when made
in writing and delivered or sent by email, facsimile or post to the party to whom such notice is
intended to be given or to such other address, email address or facsimile number as may from time to
time be notified in writing to the other party.
(e) Waiver: Any failure by a party to insist upon strict performance by the other of any provision in the
Terms will not be taken to be a waiver of any existing or future rights in relation to the provision. No
waiver by LTIC of any of the Terms shall be effective unless LTIC expressly states it is a waiver and LTIC
communicates it to the Member in writing.
(f) Assignment: Members must not assign any rights and obligations under the Terms whether in whole
or in part without LTIC’s prior written consent.
(g) Severability: If any of the Terms are determined by any competent authority to be invalid, unlawful or
unenforceable to any extent, such term, condition or provision will to that extent be severed from the
remaining terms, conditions and provisions which will continue to be valid to the fullest extent
permitted by law.
(h) Jurisdiction and Applicable Law: These Terms, use of this Site and any dispute arising out of the use
of the Site and Services is subject to the laws of Victoria, Australia, and subject to the exclusive
jurisdiction of the Victorian courts. The Site may be accessed throughout Australia and overseas. LTIC
makes no representation that the content of the Site complies with the laws (including intellectual
property laws) of any country outside Australia. If a Member accesses the Site from outside Australia,
the Member does so at its own risk and is responsible for complying with the laws of the jurisdiction
where the Site is accessed.
(i) Entire Agreement: These Terms and any document expressly referred to in them represent the entire
agreement between a Member and LTIC, and supersede any prior agreement, understanding or
arrangement between the Member and LTIC, whether oral or in writing.
For questions and notices, please contact us at:
Debbie Rossi ABN 80 057 846 755
trading as Little Things in Common
Email: [email protected]
Address: 3/39 Brunel Road, Seaford Vic 3198
Phone: 0422 011 180
Last update: 12 June 2015
