Fossick Trends User Terms
Fossick Trends is a new service for the trend forecasting industry. We enable independent Trend Forecasters to sell their work to designers 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. “You” or “your” means the User who accepts these Terms. Additional definitions are set out in clause 18.
1.2 You should read these Terms carefully. They apply to your use of our Website.
1.3 By using or accessing the Website, you indicate your acceptance of these Terms. 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 Website. If you do not agree to these Terms you should immediately cease accessing and using the Website.
1.4 We reserve all rights to alter these Terms at our discretion. Each time you use the Website, it is your responsibility to be aware of our current terms. Your continued use of the Website 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 8.
2. Overview of services
2.1 The Marketplace provides a platform for Users to find Trend Forecasters who are selling Trend Reports. We do not supply or sell goods and/or services on, or via, the Website.
2.2 To purchase Trend Reports, a User must register for an account in accordance with clause 4. An unregistered User may search and find Trend Forecasters’ profiles on the Website.
2.3 If you register for an account in accordance with clause 4 and your registration is accepted by us, you will have access to the Services and will be able to:
(a) search and find Trend Forecasters’ profiles on the Website;
(b) pay Trend Forecasters for Trend Reports via our Payment Processing Service;
(c) access your purchase history and receipts; and
(d) contact our support directly.
2.4 Registered Users may rate and review a Trend Forecaster once a transaction is completed and will:
(a) have the option to provide a rating regarding the goods after they engage with a Trend Forecaster for the use of any goods; and
(b) be able to rate a Trend Forecaster’s goods and services (based on a rating system of 1 to 5 stars), as well as give feedback regarding the goods sold by the Trend Forecaster.
Ratings and reviews provided by Users must be honest and non-biased and at all times comply with these Terms.
3. Using the services
3.1 The Website provides a platform for Trend Forecasters to advertise their Trend Reports for purchase by Users.
3.2 You must ensure that your access to, and use of, the Services is not illegal or otherwise prohibited by laws that apply in your jurisdiction.
3.3 Any information on the Website or otherwise provided to Users is supplied in good faith but we do not guarantee its accuracy or completeness. You agree that it is your responsibility to make enquiries as to the accuracy or completeness of any information.
3.4 You are responsible for verifying the identity and authenticity of a Trend Forecaster and its goods when you engage them for the provision of goods. Despite our use of reasonable endeavours to verify the identity of Trend
Forecasters on the Marketplace, you acknowledge that, to the extent permitted by law, we do not warrant the reliability, legitimacy, repute, or credibility of any Trend Forecaster, nor the capacity, ability or willingness of the Trend Forecaster to deliver or transact with you.
3.5 You agree that you have 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.
3.6 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.
3.7 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.
3.8 While using the Website, and any associated Services, you must not:
(a) misuse any part of the Website by introducing viruses, trojans or other material that is malicious or technologically harmful;
(b) 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;
(c) engage in any activity that interferes with or disrupts the Services or the servers and networks that host the Services;
(d) attempt to circumvent, disable or otherwise interfere with any security-related features of the Services or any features that 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;
(e) engage in any abusive or derogatory behaviour; or
(f) advocate, support or practice discrimination based on race, religion, age, national origin, language, gender, sexual orientation or mental or physical handicap.
3.9 We may contact you by email or provide you with information by posting notices on the Website. It is your responsibility to ensure that you have correct contact details registered with us, that you give us written notice of any changes to your contact details, and that you check your nominated email address regularly for any correspondence.
3.10 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 your account details or other content contained in your account. We will not be liable to you or any third party for doing so.
3.11 If you fail to comply with these Terms, we may, in 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 account);
(b) take any other legal action against you; or
(c) refer or report any suspected fraudulent, abusive or illegal activity to relevant law enforcement authorities.
4.1 To access certain parts of 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, 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.
4.7 If you provide us with Registration Data, you consent to the following:
(a) we may provide your Registration Data to Trend Forecasters for the purposes of providing you with the Services;
(b) you may receive emails from us regarding details of your registration, orders and/or purchases made through your account, and/or information relating to your access and use of the Services and 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, 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.
5.1 All Trend Report prices displayed on the Marketplace are nominated by the Trend Forecaster selling that Trend Report and are subject to change without notice (“Report Fee”).
5.2 All Report Fees listed on the Marketplace are in American Dollars and inclusive of any applicable taxes including goods and services tax (GST) unless otherwise specified.
6.1 For the avoidance of doubt, all purchases made pursuant to any agreement which utilises the Services is between you and the Trend Forecaster to the exclusion of us. Our involvement in any transaction is limited to providing Payment Processing Services.
7.1 Payments for goods listed via the Website may be made via our Payment Processing Services. We accept no responsibility for transactions that occur outside the Marketplace.
7.2 The User bears sole responsibility for verifying any terms and conditions imposed by the Trend Forecaster in relation to the sale of goods.
8.1 In addition to our rights under clause 3, we may, at our absolute discretion, terminate these Terms or cease to supply you with access to the Website and/or 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 Trend Forecaster or other User; or
(c) you fail to pay any fees or charges payable by you on time or at all.
8.2 If your access to the Website and/or the Services is terminated for any reason, we
will be entitled to payment for any outstanding fees or charges properly incurred by
us up to the date of termination and any fees or charges incurred during any
applicable notice period or otherwise specified in these Terms.
9.1 We will, within a reasonable period of time, investigate any alleged error or issue regarding any of our Services, provided that you notify us in writing within seven (7) days of becoming aware of the error or issue with all necessary information to be able to investigate the error or issue. Notwithstanding, you agree that our
liability will be limited in any event to the right to attempt redelivery of the Services to you.
9.2 You agree to use your reasonable endeavours to ensure that the information that you supply us is complete and accurate and notify us (and, if relevant, the Trend Forecaster(s)) in writing if there is any change to the information supplied.
9.3 Except as provided in these Terms, no further warranty, condition, undertaking or term, express or implied, statutory or otherwise as to the condition, quality, performance or fitness for purpose of the Services provided in accordance with these Terms is given by us, other than as required by law. All implied warranties are hereby excluded.
9.4 Nothing contained in these Terms excludes, restricts or modifies the application of any condition, warranty or other obligation, the exercise of any right or remedy, or the imposition of any liability under the Competition and Consumer Act 2010 (Cth) or any other national, state or territory legislation where to do so is unlawful.
10.1 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, programs, data or other material due to your use of any part of the Website or downloading of any material posted on it or on any website linked to it. We recommend Users ensure they have up-to-date virus checking software installed.
10.2 To the extent permitted by law, we are not responsible for dealing with, and not liable for, any disputes or complaints made by you in relation to Trend Reports or other goods sold, or advertised, via the Website (including any dispute or complaint regarding refunds, payment, goods or services).
10.3 You acknowledge that while we have no obligation to, we may provide customer support. Please submit your enquiries to email@example.com.
10.4 You agree that we will not be liable (nor will any Trend Forecaster) for any indirect, consequential, special or exemplary losses, expenses or liabilities, or loss of profits, loss of revenue, economic loss, loss of goodwill, 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.
10.5 You agree that, in any event, our maximum aggregate liability to you under these Terms will be no more than USD $500.
10.6 The User acknowledges and agrees that the limitations of liability contained in this clause are a fair and reasonable allocation of the commercial risk between the User, us and/or any Trend Forecaster.
10.7 This clause 10 survives termination or expiry of these Terms.
11.1 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 and/or any Trend Forecaster which are connected with, arise out of, relate to or are incidental to the provision of the Website and your use of the Services.
11.2 You indemnify us and/or any Trend Forecaster 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.
11.3 You agree and acknowledge that we will not be liable or responsible for any loss or damage suffered by any Trend Forecaster due to your actions, and you indemnify us from and against any and all claims by any Trend Forecaster in relation to your actions (including content created and posted by you).
11.4 This clause 11 survives termination or expiry of these Terms.
12. Intellectual Property
12.1 You acknowledge that all Intellectual Property Rights in the Services, Trend Reports, Marketplace and Website are the property of us (or our licensors) and your use of, and access to, the Services, Trend Reports, Marketplace and Website does not give you any rights, title or interest in or to the Services, Trend Reports, 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, Trend Reports, Marketplace or Website or any part of the Services, Marketplace or Website.
12.2 You acknowledge that all Intellectual Property Rights in the Trend Reports are the property of the publishing Trend Forecaster and your purchase of a Trend Report gives you the rights to use it for internal inspirational purposes only. Purchasing a Trend Report does not give you any further rights, title or interest in or to the Trend
Report unless expressly authorised either under these Terms or otherwise by the licensors, you may not reproduce, adapt, modify, display, perform or distribute the Trend Report or any part of it.
12.3 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.
12.4 You must not in any form or by any means reproduce, modify, distribute, store, transmit, publish, use or display the Services, Marketplace or Website on another website or commercialise any information obtained from any part of the Services, Marketplace or Website without our prior written consent.
12.5 By uploading, posting, transmitting or otherwise making available any Material 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 exploit the Material in any form for any purpose and unconditionally waive any moral rights that you might have in respect of the 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 Services, Marketplace or Website.
13. Unavoidable events
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.
14. Dispute resolution
14.1 If you have a complaint about the performance of these Terms or the Services, you will contact us at the first instance and allow us reasonable time to consider your complaint, determine a possible solution and notify you of the solution.
14.2 This clause 14 survives the expiry or termination of these Terms.
15. Linking to the website
15.1 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 reputation. You must not establish a link in a way that suggests any form of association, approval or endorsement by us where none exists.
15.2 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).
15.3 The Website must not be framed on any other website.
15.4 We reserve the right to withdraw linking permission under this clause 15 by updating these Terms on the Website.
17.1 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.
17.2 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.
17.3 These Terms are governed by the laws of Victoria, Australia. The parties unconditionally submit to the exclusive jurisdiction of the courts exercising jurisdiction there.
18.1 In these Terms, the following expressions have the following meanings, unless otherwise stated:
“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 portal located on or via the Website through which certain goods and services can be negotiated, bought and sold;
“Material” means any information, 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 that we provide pursuant to these Terms which are to be used to process payments in relation to purchases on the Marketplace;
“Purchaser” means any person or entity that purchases goods and/or services listed by a Trend Forecaster for sale on the Marketplace;
“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 and contact details;
“Services” refers to the Marketplace and any associated services we provide pursuant to these Terms;
“Terms” means these User Terms and all of the terms of any order placed by you through the Website;
“Trend Forecaster” means any person or entity who lists Trend Reports for sale on the Marketplace;
“Trend Report” means a high-resolution PDF file containing a report on design trends, prepared by a Trend Forecaster and uploaded and made 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.