Fossick Trends Trend Forecaster Terms
Fossick Trends is a new service for the trend forecasting industry. We enable independent Trend Forecasters to sell their work to designers who are seeking fresh and inspiring trend analysis. Designers and creative minds need to draw inspiration from far and wide as consumer trends continually shift and change.
Fossick Trends enables designers to make informed decisions using the expertise of Trend Forecasters from around the world. Designers can browse and buy content from independent contributors.
1. About these Terms
1.1 In these Terms, “we”, “us” or “our” means Fossick Trends Pty Ltd (ACN 629 773 824) and includes its directors, employees and agents. “Trend Forecaster”, "you" or "your" means the person, company, association or organisation who accepts these Terms to act as a Trend Forecaster on the platform. Additional definitions are set out in clause
1.2 You should read these Terms carefully. They apply to your use of our Website.
1.3 By registering and creating a Profile with us or listing a Trend Report on the Marketplace, you indicate your acceptance of these Terms (including any associated Charges). By accepting these Terms, you agree to the obligations imposed on you under these Terms and, in exchange, we agree to provide you with access to the Services. If you do not agree to these Terms you should immediately cease accessing the Website and using the Services.
1.4 We reserve all rights to alter these Terms at our discretion. Each time you use the Website or Services, it is your responsibility to be aware of our current Terms. Your continued use of the Website and/or Services following the posting of changes to these Terms will be deemed your acceptance of those changes.
1.5 These Terms, as amended by us from time to time, continue to apply for the duration of your use of the Website and Services or until terminated in accordance with clause 10.
2. Overview of Services
2.1 The Marketplace provides a platform for Trend Forecasters to publish and sell Trend Reports.
2.2 From time to time we will promote the Trend Reports via our Website, social media channels and other marketing avenues as we see fit.
2.3 We will keep you informed of the performance of your Trend Reports via sales reports on a monthly basis.
2.4 From time to time we may provide feedback and customer insights to you for the purpose of improving the performance of your Trend Reports.
2.5 As a Trend Forecaster, you will have:
(a) the ability to create a Profile to be displayed on the Marketplace which includes, but is not limited to:
1. a Profile summary;
2. a display of one image (minimum) relating to you or your Trend Reports;
3. High resolution PDF file(s) of the Trend Forecaster’s Trend Reports available for purchase by Users of the Website; and
4. a description and nominated Report Fee for each Trend Report that you have uploaded and made available to purchase by Users.
(b) the ability to sell your Trend Reports to Users via the Website, which includes, but is not limited to
1. the opportunity to access performance data in relation to your Profile which was created, or has come into existence, as a result of your use of the Website; and;
2. the ability to contact our support services directly.
3. Using the services
3.1 Any information we provide to Trend Forecasters is supplied in good faith, but we do not guarantee the accuracy or completeness of any information provided by us or any third party, including any User or other Trend Forecaster. You agree that it is your responsibility to make enquiries as to the accuracy or completeness of any information which we receive from you or third parties.
3.2 You agree that you will bear the sole responsibility for any activity that occurs on your account. You must keep your account details and password secure, as you are responsible for any activity on your account (whether undertaken by you or anyone else). You agree to notify us immediately if you become aware of or suspect any security breach or unauthorised use of your password or account.
3.3 The Services may contain links to other websites. Those links are provided for convenience only and may not be current. Any hyperlinks or banners advertising other websites on the Website, or external websites that advertise the Website, are not subject to our control or privacy standards, policies and procedures. We will not be responsible for the content or privacy practices associated with such linked websites and we recommend that you make your own enquiries as to the privacy and other policies of those third parties.
3.4 You must take precautions to ensure that when accessing the Services, you do not expose your telecommunications or computer systems to viruses, malware or other forms of interference that may damage your telecommunications or computer systems. We are not responsible for any such damage to your telecommunications or computer systems which may arise in connection with your access to the Website and use of the Services.
3.5 You acknowledge that while we have no obligation to provide you with customer support, we may provide customer support from time to time. Please submit your enquiries to firstname.lastname@example.org.
3.6 We may, at our absolute discretion, terminate, suspend or delete your account or restrict your access to the Services (or any part of the Services) for any reason without notice. This includes for security, technical, maintenance, legal or regulatory reasons or due to any breach of these Terms. If we do this, you may be prevented from accessing all or parts of the Services, your account details or other content contained in your account. We will not be liable to you for doing so.
3.7 If you fail to comply with these Terms we may, at our absolute discretion and without liability:
(a) immediately, temporarily or permanently withdraw your right to access and use the Services and the Website (including deletion of your Profile);
(b) immediately temporarily or permanently remove Trend Reports listed by you for sale on the Marketplace;
(c) take any other legal action against you; or
(d) refer or report any suspected fraudulent, abusive or illegal activity to relevant law enforcement authorities.
4.1 To access the Services, you must register with us by providing us with Registration Data as requested. You may not use one email address to register for multiple accounts.
4.2 We reserve the right to decline your registration request if you do not pass our verification process.
4.3 If you are under the age of 18 years, we may ask you to confirm that you have your parents’ or guardians’ permission and that they have agreed to these Terms on your behalf. Even if we do this, by submitting Registration Data to us, you acknowledge that you have your parents’ or guardians’ permission and that they have agreed to these Terms on your behalf.
4.4 If you are a parent or guardian who has permitted a person under the age of 18 (a “Minor”) to create an account, you agree to:
(a) exercise supervision over the Minor's use of our Services and their personal account with us;
(b) assume all risks associated with the Minor's use of our Services and their account, including the transmission of content or information to and from third parties via the internet;
(c) assume any and all liabilities resulting from the Minor's use of our Services and their account;
(d) ensure the accuracy and truthfulness of all information submitted to us and the Website by the Minor; and
(e) provide the necessary consents contained in these Terms on behalf of the Minor.
4.5 We reserve the right to take legal action and seek compensation from a parent or guardian of a Minor for any loss or damage we may suffer as a result of, or in connection with, any transaction entered into on, or via, the Website by that Minor.
4.6 Subject to clause 4.4, you warrant that persons providing the Registration Data to us have the relevant authority to provide such information and to enter contracts on behalf of the Trend Forecaster seeking registration with us, and that you have the capacity to offer the Trend Reports listed by the Trend Forecaster on the Marketplace.
4.7 If you provide Registration Data to us, you represent and warrant to us that the Registration Data provided is true, complete, accurate and up to date, and you undertake to maintain the truthfulness, completeness and accuracy of your Registration Data as necessary and/or as required by us.
4.8 If you provide us with Registration Data, you consent to the following:
(a) we may provide your Registration Data to Users for the purposes of providing you with the Services;
(b) you may receive emails from us confirming the details of your registration to the Services made through your account, providing you with necessary information relating to your access and use of the Services and any subscriptions to the Services made through your account; and
(c) from time to time, we may email you regarding our Services or third-party products and services which we believe may be of interest to you, such as new products, services, features, special offers and updated information. The emails may contain code that enables our database to track your usage of the emails, including whether the email was opened and/or what links (if any) were clicked. We may combine that information with other information which we have about you and may use that information to improve your site experience and/or provide customised email communications to you.
4.9 You allow us to refer to you in any publicity we engage in after we have provided you with the Services or during our provision to you of the Services.
5. Trend reports
5.1 The Website provides a platform for Trend Forecasters to advertise their Trend Reports for purchase by Users.
5.2 For the avoidance of doubt, all purchases made pursuant to any agreement which utilises the Services are between you and the end User to the exclusion of us. Our involvement in any transaction is limited to providing Payment Processing Services.
5.3 We may from time to time purchase Trend Reports on behalf of recipients to which we have given gift vouchers to, for use on the Website.
5.4 Once you have accepted these Terms and made any Trend Report available for purchase on the Website, you agree not to remove or otherwise make the Trend Report unavailable to Users for a minimum term of six (6) months from the date each Trend Report is uploaded to the Website (“Minimum Term”).
6. Report fee
6.1 Report Fee relating to each Trend Report is nominated by the Trend Forecaster on their Profile, can be amended by them from time to time and is subject to the Charges set out in Clause 7.
7. How much do we charge for the Services?
7.1 Report Fees are subject to the application of promotional activity we may make available to Users on or via the Website, from time to time.
7.2 You agree that immediately upon registration in accordance with Clause 4, we will charge a fee deducted from the Report Fee for each transaction that you enter into with a User, at the rate set out on the Website from time to time (“Charges”).
7.3 The Charges are deducted from the Report Fee paid by the User excluding any applicable taxes and credit card processing fees including fees incurred by our Payment Processing Services.
7.4 You are entitled to the remaining balance of the Report Fee once the Charges and Payment Processing Services fees have been deducted (“Trend Forecaster Fee”).
7.5 The Charges are inclusive of any applicable taxes including GST unless otherwise specified.
8. How do you get paid?
8.1 Provided that you have supplied us with valid bank account details in your name, you will receive all applicable Trend Forecaster Fees in American Dollars via electronic funds transfer.
8.2 Trend Forecaster Fees fall due to be paid to the Trend Forecaster five Business Days after the Report Fee has been received by us from the User.
8.3 We are entitled to accrue all applicable Trend Forecaster Fees and withhold payment until payment is due.
8.4 If payment by a User for a transaction via the Website is rejected or does not settle, you will not be entitled to a Trend Forecaster Fee on that transaction.
8.5 If we receive a complaint from a User about Trend Reports purchased from you:
(a) we are entitled to withhold the applicable Trend Forecaster Fee for that purchase and refund it to the User at our sole discretion; or
(b) if the applicable Trend Forecaster Fee has already been paid to you, we may require you to immediately refund the Trend Forecaster Fee as directed by us.
8.6 You indemnify us for any loss, liability or cost that we directly or indirectly suffer in relation to any tax laws or rulings as a result of, or in connection with your use of the Website, the Services or your obligations under these Terms.
9. What are your obligations?
9.1 You must at all times comply with your obligations under these Terms and fulfil your obligations in a timely manner.
9.2 Your obligations include, but are not limited to, the following:
(a) Creation and Maintenance of Profile
You bear sole responsibility for creating a profile to be displayed via the Website with high-resolution photo(s) and a brief profile summary, a description of the products you have available, high resolution PDF files of the Trend Reports or other products you have available, and any additional relevant information (“Profile”). Your Profile must be reflective of the actual Trend Reports currently offered for purchase by you, be kept up-to-date at all times and must not be misleading or deceptive. You must ensure that content uploaded to your Profile does not infringe any Intellectual Property Rights.
(b) Defamatory Content
You must not upload any content to the Website that promotes intolerance, racism, illegal behaviour or contains defamatory content. We reserve the right (but not the obligation) to amend or remove any content uploaded to the Website without the uploader’s consent and without notice to the uploader (including for the purposes of attempting to avoid the upload of content prohibited by this clause 9.2).
(c) Viruses and Hacking
You must not misuse any part of the Website by introducing viruses, trojans or other material which is malicious or technologically harmful. You must not attempt to gain unauthorised access to any part of the Website, the server on which the Website is stored or any server, computer or database connected to the Website. You must not engage in any activity that interferes with or disrupts the Services or the servers and networks which host the Services and you must not attempt to circumvent, disable or otherwise interfere with any security-related features of the Services or any features which prevent or restrict the use or copying of any content or enforce limitations on the use of the Services or the content of the Website.
(d) Interactions with Users
You must not advocate, support or practise discrimination based on race, religion, age, national origin, language, gender, sexual orientation, or mental or physical handicap. Any complaints regarding abuse or derogatory behaviour on the part of any Trend Forecaster may see such Trend Forecaster(s) removed from the Website, result in the termination or suspension of their account and/or lead to restricted access to the Services, at our absolute discretion.
(e) Service Quality
You must ensure that all services that you sell via the Website are provided to Users with acceptable care and skill and in compliance with any laws which apply to you including the Competition and Consumer Act 2010 (Cth).
(f) Willing and Able
At the time that you list any Trend Reports via the Website, they must be uploaded to the Website and you must be willing and able to provide those Trend Reports to Users. All prices listed on the Marketplace should be in American Dollars and include any applicable taxes such as goods and services tax (GST), unless otherwise specified. You are expected to respond to our requests within 48 hours or within such other timeframe as specified by us from time to time.
9.3 You acknowledge and agree that, in order for us to be able to provide the Services to you without interruption you will, at your cost, at all times:
(a) co-operate with and reasonably assist us to provide the Services;
(b) promptly provide us with full and accurate information, data and explanations with regard to any dispute, complaint, issue or otherwise that may arise, as and when required; and
(c) inform us of any abusive or allegedly abusive behaviour from any User or Trend Forecaster on the Website
9.4 You must procure all necessary consents or authorisations from any third parties which may be required from time to time in order for us to be able to provide the Services to you.
9.5 If we are delayed, obliged to spend additional time or incur additional expenses in order to provide you with the Services or otherwise perform any of our obligations under these Terms by reason of your act, omission, failure to provide information (in a timely manner or at all) or your instructions, you will compensate us by reimbursing us for any additional reasonable costs and expenses incurred by us or on our behalf. In this situation, any agreed delivery or action times specified or implied by us regarding any of our obligations to you will be extended accordingly.
9.6 It is your obligation to ensure that any written communication we send to you correctly reflects your details. If any changes occur to your details, you must give us written notice of these changes so that we may update your details (which will be updated within a reasonable period of time).
9.7 Any Trend Reports listed on, or via, the Website form an acknowledgement by you that you meet the specified age requirement to transact with the User, accept these Terms and agree that these Terms are binding. You agree to not provide the same or similar Trend Reports for purchase on or via any other website providing a similar or competing third party marketplace service during the term of this Agreement, unless agreed by us in writing in advance.
10.1 In addition to our rights under clause 3, we may, at our absolute discretion, terminate these Terms or cease to supply you with the Services, if:
(a) it transpires that you have provided false or misleading information on the Website;
(b) you are found by us to be offensive or abusive to a User or other Trend Forecaster;
(c) you accumulate repeated reports of customer dissatisfaction, to be determined at our discretion;
(d) your business ceases to operate or you sell a majority interest in your business to a new owner;
(e) you do not comply with your obligations under these Terms.
10.2 If your access to the Services is terminated for any reason, we will be entitled to payment for all outstanding Charges properly incurred by us up to the date of termination and any Charges incurred during any applicable notice period or otherwise specified in these Terms.
10.3 After the Minimum Term period has been reached, you may terminate your agreement to these Terms by providing us with 30 days-notice in writing to email@example.com. During this time, you must not remove, replace or alter any of the Trend Reports or Report Fees listed on your Profile.
12.1 To the extent permitted by law, we will not be liable for any loss, expenses, liabilities, costs or damage caused by viruses, system failures or other technologically harmful material that may infect your computer equipment, computer programs, data or other proprietary material due to your use of any part of the Website or downloading of any material or content posted on it, or on any website linked to it. We recommend that you have up-to-date virus checking software installed.
12.2 You acknowledge that we provide a marketplace service for connecting Users and Trend Forecasters to use the Services, and are in no way involved in purchases or payments in relation to goods and/or services displayed on the Website. To the fullest extent permitted by law, we are not responsible for dealing with, and not liable for, any disputes or complaints made by you or any User in relation to the goods or services sold on, or via, the Website (including any dispute or complaint regarding refunds, payment, goods or services).
12.3 You agree that we will not be liable for any indirect, consequential, special or exemplary losses, expenses or liabilities or any loss of profits, loss of revenue, economic loss, loss of goodwill, loss, corruption or alteration of data, failure to realise anticipated savings, loss of opportunity, expectation loss or loss of production arising out of, or in connection with, the provision or use of the Services, the Marketplace, the Website or these Terms.
12.4 You agree that, in any event, our maximum aggregate liability to you under these Terms will be USD $500.
12.5 You acknowledge and agree that the limitations of liability contained in this clause are a fair and reasonable allocation of the commercial risk between the parties.
12.6 This clause 12 survives termination or expiry of these Terms.
13.1 To the fullest extent permitted by law, you agree that you waive, release, discharge and relinquish any and all claims that you have now or may have against us which are connected with, arise out of, relate to or are incidental to the provision of the Website and your use of the Services.
13.2 You indemnify us, and hold us harmless, from and against any and all claims, loss, damage, taxes, liabilities and/or expenses that may be incurred by us arising out of, or in connection with, your use of the Website, the Services and any breach by you of these Terms.
13.3 You agree and acknowledge that we will not be liable or responsible for any loss or damage suffered by any User due to your actions, and you will indemnify us from and against any and all claims by any User in relation to any and all content created by you or any actions by you.
13.4 This clause 13 survives termination or expiry of these Terms.
14. Intellectual property
14.1 You acknowledge that all Intellectual Property Rights in the Services, Marketplace and Website are the property of us (or our licensors) and your use of, and access to, the Services, Marketplace and Website does not give you any rights, title or interest in or to the Services, Marketplace or Website. Unless expressly authorised either under these Terms or otherwise by the licensors, you may not reproduce, adapt, modify, display, perform or distribute the Services, Marketplace or Website or any part of the Services, Marketplace or Website.
14.2 You may not modify or copy the layout or appearance of the Services or any computer software or code contained in the Services, nor may you decompile or disassemble, reverse engineer or otherwise attempt to discover or access any source code related to the Services.
14.3 We grant you, for the duration of these Terms as determined in accordance with clause 1.5, a non-exclusive, non-transferable and revocable licence to use the Intellectual Property Rights embodied in the Services to the extent necessary for you to use the Services, Marketplace and Website for your business purposes.
14.4 By uploading, posting, transmitting or otherwise making available any Material, including Trend Reports, via the Services, Marketplace or Website, you:
(a) grant to us a non-exclusive, worldwide, royalty-free, perpetual, irrevocable licence to use, publish, reproduce and otherwise use exerts of the Material to enable us to provide and advertise the Services, Marketplace and Website and unconditionally waive any moral rights that you might have in respect of that Material; and
(b) represent and warrant that you either own the Intellectual Property Rights in that Material or have the necessary permission to upload, post, transmit or otherwise make available that Material via the Website.
16. Unavoidable events
16.1 We will not be liable to you if we are prevented from, or delayed in, providing the Services due to acts, events, omissions or accidents beyond our reasonable control (“Unavoidable Events”). Where an Unavoidable Event occurs, we will attempt to recommence provision of the Services as soon as reasonably practicable.
17. Dispute resolution
17.1 If you have a complaint about the performance of these Terms or the Services, you will contact us at firstname.lastname@example.org in the first instance and allow us reasonable time to consider your complaint, determine a possible solution and notify you of the solution.
17.2 This clause 17 survives the expiry or termination of these Terms.
18. Linking to the website
18.1 You may link to the Website, provided that you do so in a way that is fair and legal and does not damage, or take advantage of, our brand or goodwill. You must not establish a link in such a way as to suggest any form of association, approval or endorsement by us where none exists.
18.2 You must not establish a link to the Website from any website that is not owned by you (except with the website owner’s express permission).
18.3 The Website must not be framed on any other website.
18.4 We reserve the right to withdraw linking permission under this clause 18 by updating these Terms on the Website.
19.1 We may assign, sub-contract, or otherwise transfer any or all of its rights and/or obligations under these Terms. You may only assign, subcontract, or otherwise transfer any or all of your rights and/or obligations with our prior written consent, which can be refused at our absolute discretion.
19.2 A party’s failure or delay to exercise a power or right does not operate as a waiver of that power or right. The exercise of a power or right does not preclude its future exercise or the exercise of any other power or right.
19.3 If you are using the Services for the supply of goods and/or services directly to a third party, then you will:
(a) procure that such third party will comply with these Terms; and
(b) indemnify us for any claim, loss, damage or expense incurred by us as a result of any breach of these Terms by such third party.
19.4 We and you are independent. No contractor, agency, partnership, joint venture, fiduciary or employment relationship is created by these Terms. Neither we nor you will have, nor represent that we or you have, any authority to make any commitments on the other party's behalf except expressly pursuant to these Terms.
19.5 Any provision of these Terms that is found to be void or unenforceable will, to the extent that it is void or unenforceable, be severed from these Terms without affecting the enforceability or validity of any other provisions.
19.6 These Terms are governed by the laws of Victoria, Australia. The parties unconditionally submit to the exclusive jurisdiction of the courts exercising jurisdiction there.
19.7 These Terms and any document expressly incorporated in it contains the whole agreement between us and you in respect of the subject matter of these Terms and supersedes and replaces any prior written or oral agreements, representations or understandings between the parties. The parties confirm that they have not relied on any representation that is not expressly incorporated into these Terms.
20.1 In these Terms, the following expressions have the following meanings, unless otherwise stated:
“Charges” means the charges set out in clause 7, calculated at the rates set out in clause 7 or as otherwise published by us on the Website from time to time;
“Intellectual Property Rights” means all present and future intellectual and industrial property rights throughout the world of whatever nature (whether or not registered or registrable), including, but not limited to, all rights in respect of technical information, know-how, copyright, trade marks, designs, patents, domain names, business names, logos, drawings, trade secrets, the right to have confidential information kept confidential or other proprietary rights, or any rights to registration of such rights;
“Marketplace” means the online platform located on or via the Website through which Trend Reports can be negotiated, bought or sold;
“Material” means any information, Trend Reports, data, source codes, drawings, content, text or images in any form (whether visible or not), audio recordings, video recordings, lists, sound, video, links, layout, look and feel, control features and interfaces contained on the Website, or otherwise displayed, uploaded or published on, or via, the Website;
“Payment Processing Services” means any services, such as via Stripe, that we provide pursuant to these Terms which are to be used to process payments in relation to listings on the Marketplace;
"Purchaser” means any person or entity that purchases Trend Reports on the Marketplace;
“Report Fee” means the fee nominated by a Trend Forecaster for a Trend Report to be paid by a User.
“Registration Data” means information provided by you to us for the purposes of your registration to access certain sections of the Website including, but not limited to, your name, date of birth, gender, your business or trading name, industry credentials, Australian Business Number (or international equivalent), Australian Company Number (or international equivalent), business address and contact details;
“Services” refers to the Marketplace and any associated services we provide pursuant to these Terms;
“Terms” means these Trend Forecaster Terms, as may be amended by us from time to time, at our discretion;
“Trend Report(s)” means the high-resolution PDF file(s) of the Trend Forecaster’s design trend forecast report(s) available for purchase on or via the Website.
“User” means any person or entity using the Services, whether they are a Trend Forecaster, Purchaser or a person who browses, visits or otherwise uses the Website, the Marketplace or the Services; and
“Website” means the website located at or any other website nominated by us from time to time, and any associated services, software, networks or processes.