Welcome to Sunday Market. We are so grateful to have you join us. Our community of like-minded people like to have fun, so to keep our diverse community together we have a couple of rules for everyone.
1. Acceptance of these Rules and Terms
All of the documents referred to in the Rules and Terms of this document constitute our Rules of Procedure, what we formally call our Terms of Use (hereinafter as the “Terms”).
These Terms constitute a legally binding contract between you and Sunday Market. Note, Section 11. Disputes with Sunday Market contain an arbitration clause and class action waiver. By agreeing to these Terms, you agree to resolve all Disputes by binding individual arbitration, which means that you waive any right to have such Disputes decided by a judge or jury, and you waive participation in class actions, class arbitration or represent
This Agreement sets out your rights and responsibilities when using
2. Other files
Sunday Market’s services have a worldwide connection through the selling of unique items. These Rules and Terms are for everyone including sellers and people who browse or shop. If you use any of our services, you agree to these terms, our privacy policy and our anti-discrimination policy.
3. Your privacy:
Your personal information is important. Our Privacy Policy details how your information is collected, used and shared when you use our services. By using our services, you also agree that we may process your information as set out in the Privacy Act of Australia 1988 (https://www.oaic.gov.au/
Sunday Market and the seller process members’
If Sunday Market and the seller are found to be jointly responsible for processing the buyer’s personal data, and if Sunday Market is subject to a lawsuit, fine, or other expense for anything you did as a joint controller of the buyer’s personal data, agree to indemnify Sunday Market for any costs incurred by you in processing buyers’ personal information. However we will do our best to adhere to The Privacy Act of Australia.
4. Your Sunday Market Account.
– You must create an account with Sunday Market to use our services.
– You must be at least 18 years old to use our services. Minors under the age of 18 and at least 13 years old may only use our Services through an account that they have with the proper consent and direct supervision of a parent or legal guardian. Children under 13 may not use Sunday Market or the Services.
– You are responsible for all account activity by minors on your account.
– Provide accurate information. It is forbidden to use false information or impersonate another person or company through your account.
– Choose an appropriate name. You may not use language that is offensive, vulgar, violates anyone’s intellectual property rights, or otherwise violates these Terms.
– You are responsible for your account. You are 100% responsible for all activity on your account. Including financial information. If you register as a business entity, you must be an authorised person of that entity to do so. Your account is also non-transferable.
– Protect your password. It is important to keep your account password secure.
– Rules and Terms do not create any agency, partnership, joint venture, employment, or franchise relationship between you and Sunday Market.
5. Your Content:
The Content is that you post, (which is why we call it “Your Content”) including photos, store name, comments etc.
– Responsibility for Your Content. You are 100% responsible for your own content. You own all necessary rights to all parts of the content and that you will not infringe or violate the rights of any party by posting the content.
– License to Use Your Content. You grant Sunday Market a license to use Your Content. We don’t claim ownership, but we do have your permission to use it to help Sunday Market operate and grow. This way we don’t infringe on any rights you may have to your content. For example, you acknowledge and agree that Sunday Market may, from time to time, offer you or Sunday Market shoppers promotions on the Site related to your listings
– You grant Sunday Market a non-exclusive, worldwide, royalty-free, irrevocable, sub-licensable, and perpetual license to use, display, publish, modify, reproduce, distribute, store, and prepare derivative works of your Content, to promote Sunday Market, and or your Sunday Market Shop, or the Services in any form and through any channel, including on any Sunday Market Services, our partner or third-party websites, social media or our advertising materials. You agree not to assert any moral or publicity rights against us as a result of your use of your content. You also acknowledge our legitimate interest in using it in accordance with the scope of this license, insofar as your content contains personal information.
For example: if you upload a photo or video to your Sunday Market shop, we have the right to show it to buyers, and we may edit or enhance it so that it is attractive to buyers using our mobile app; post a description and or translate it into another language so shoppers in a foreign country can know the story behind your item; if you post a nice photo or video of your latest handmade necklace, we may post it on our homepage, blog or even a billboard, usually with your store name and a photo of your store , to help you promote your business and Sunday Market, at no extra cost to you.
– Report unauthorized content. If you have access to have intellectual rights that do not belong to you please go to https://www.ipaustralia.gov.
– Inappropriate, False or Misleading Content. It should be common sense, but there are certain types of content we don’t want to post on Sunday Market’s Services (for legal or other reasons). You agree not to post any content that is abusive, threatening, defamatory, obscene, vulgar, or otherwise objectionable or tha
6. Your use of our services
a license to use our services. We grant you a limited, non-exclusive, non-transferable, revocable license to use our services – subject in particular to the following conditions and restrictions:
– Not to use our services to violate the law. You agree not to violate any laws relating to your use of the Services. This includes all local, state, federal and international laws that may apply to you. For example, you are responsible for obtaining any permits or licenses required for your store and for complying with applicable legal requirements in the applicable jurisdiction. This includes the sale and delivery of your items, such as legally required age verification on delivery. You cannot sell anything that breaks any law; you must comply with our Sanctions Policy and may not do a disservice to Sunday Market, other Sunday Market users, or “third parties”.
– Paying bills. You are responsible for paying all fees due to Sunday Market, you are also solely responsible for collecting and/or paying any applicable taxes on purchases or sales you make through our Services, such as Goods and Services Tax (GST), but we only refer to GST and any local sales tax collectively.
– Don’t steal from us. You agree not to crawl, scrape or rotate any pa
– Don’t try to break our system. You agree not to interfere with or attempt to interfere with our services, for example by transmitting viruses, excessive demands on our site or platform, or any other harmful computer code.
– Comply with the name “Sunday Market” and other Sunday Market marks, phrases, logos, and designs used by us on the Services are service marks, or trade dress of Sunday Market in Australia.
– Share your ideas. We love your suggestions and ideas! They help us to improve your experience and our services. Any ideas or other materials you submit to Sunday Market (except content or items you sell through our Services) are considered non-confidential and non-proprietary. You grant us a non-exclusive, worldwide, royalty-free, irrevocable, sublicensable,
– Chat with us online. From time to time, Sunday Market may provide you with certain legal information in writing, which is communicated via electronic transmission and is intended for the recipient only, your electronic agreement is identical to your signature on paper.
– Termination by You. We hate to see you go, but you can terminate your account with Sunday Market at any time from your account settings, you are responsible for outstanding bills to be paid in full 14 days after termination of your account. Any unpaid withdrawals owed to you will not be released until all debts are paid including any refunds to customers, we may also deduct amounts owing to Sunday Market from amounts withheld.
– Completed by Sunday Market. We may terminate or suspend your account (and any account Sunday Market determines is linked to your account) and your access to the Services if we have reason to believe that you, Your Content, or your use of the Services violate our Terms. If we do, it’s important to understand that you have no contractual or legal right to continue using our services, such as selling or buying on our website or mobile app. Typically, Sunday Market will notify you that your account has been terminated or suspended unless you have repeatedly violated our Terms, or we have legal or regulatory reasons that prevent us from notifying you. If you or Sunday Market terminates your account, you may lose all information associated with your account, including your content.
– WE MAY TERMINATE SERVICE Sunday Market reserves the right to modify, suspend, or terminate any service provided to you, any or all users, at any time and for any reason, including those set forth in policies. from Sunday Market under these Terms of Use. We are not responsible to you for the effect any changes to the Services may have on you, including your earnings or ability to generate income through the Services.
These Terms will survive even after you terminate your access to the Services or end your use of the Services.
8. Warranty and Limitation of Liability (or matters for which you cannot sue us) for your purchase of
– items. You understand that Sunday Market does not manufacture, stock, or inspect any items sold through our Services. We provide the venue; items on our marketplace are produced, listed, and sold directly by independent sellers, and therefore Sunday Market cannot and does not make any guarantees as to their quality, safety, authenticity, or legality. Any legal claim related to an item you have purchased must be brought directly against the seller of that item. You must indemnify Sunday Market against all claims related to items sold through our services, including defective items, misrepresentations by sellers, or items causing bodily harm (such as product liability claims).
– The content you have visited. While using our Services, you may encounter objectionable or inappropriate material. We make no representations about any Cont
– People you interacted with. You may use the Services to communicate with others online or in person. However, you understand that we do not screen users of our Services except to meet certain legal and compliance obligations, and you release us from any liability related to your interactions with other users. In all interactions with others, especially when meeting someone in person, exercise caution, discretion and common sense.
– Third Party Services. Our Services may contain links to third-party websites or services that we do not own or control (for example, links to Facebook, Twitter, Pinterest and The Australian Government). You may also need third-party products or services to use some of our services (such as a compatible mobile device to use our mobile apps). When you access these third-party services, you do so at your own risk. Third parties may require you to agree to their own terms of use. Sunday Market is not a party to these agreements; they exist solely between you and the third party.
– Gift certificates and promotio
– Your Gift Card. If your Gift Card Code stops working, your sole remedy is for us to issue you a replacement Gift Card Code. By participating in a special offer or promotion, you agree not to claim later that the rules of the special offer or promotion are unclear.
9 Guaranteed.
SUNDAY MARKET strives to provide the best possible service, but we’re not perfect and sometimes we make mistakes. You understand that our Services are provided “as is” without warranty of any kind (express or implied).
WE EXPRESSLY DISCLAIM ALL WARRANTIES OF TITLE, NON-INFRINGEMENT, MERCHANTABILITY, AND FITNESS FOR A PARTICULAR PURPOSE, AND ANY WARRANTIES OF PERFORMANCE, USAGE, OR IMPLIED.
WE DO NOT WARRANT THAT:
(I) THE SERVICE WILL BE SECURE OR AVAILABLE AT ANY PARTICULAR TIME OR LOCATION;
(II) ANY DEFECTS OR ERRORS WILL BE CORRECTED;
(III) THE SERVICE WILL BE FREE OF VIRUSES OR OTHER HARMFUL
– MATERIAL; Your use of the Services is at your own risk. SOME JURISDICTIONS DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES, SO THE ABOVE LIMITATION MAY NOT APPLY TO YOU. Limitation of Liability. TO THE MAXIMUM EXTENT PERMITTED BY LAW, NEITHER SUNDAY MARKET NOR OUR EMPLOYEES OR DIRECTORS SHALL BE LIABLE TO YOU FOR ANY LOSS OF PROFITS OR REVENUES OR ANY CONSEQUENCES, WHETHER INCIDENTAL, INDIRECT, SPECIAL OR PUNITIVE.
Service or these terms. IN NO EVENT SHALL SUNDAY MARKET’S AGGREGATE LIABILITY FOR ANY DAMAGES EXCEED THE GREATER OF ONE HUNDRED AUSTRALIAN DOLLARS ($100) OR THE AMOUNT YOU HAVE PAID TO SUNDAY MARKET IN THE LAST TWELVE MONTHS. Compensation (or what if we sue you) In the unlikely event of having to sue you, you agree to defend and indemnify us if Sunday Market is sued for something you have done. This means that you will defend Sunday Market (including one of our employees) and hold us harmless as of right.
We reserve the right to dispose of our legal defenses as we see fit, even if you indemnify us, in which case you agree to cooperate with us so that we can enforce our policy.
10 Disputes with other users
If you have a dispute with another user of the Sunday Market Services or a third party, we encourage you to contact the other party and attempt to resolve the dispute amicably. Case System. Buyers and sellers who are unable to resolve transaction-related disputes on our website or mobile app can contact our team at its sole discretion, we will assist you in resolving disputes in good faith, based on our interpretation of the Policy; we will not pass judgment on legal issues or claims. Sunday Market has no obligation to resolve disputes.
– Sunday Market exempt. You indemnify Sunday Market against all claims, demands, and damages arising from disputes with other users or parties.
11 Disputes with Sunday Market
If you are unhappy with us, please let us know and hope we can resolve your issue. But if we can’t, these rules will govern any dispute involving our services:
A. Governing Law. These Terms are governed by the laws of the Australian Government. These laws will apply no matter where in the world you reside, you may be entitled to protection under the mandatory consumer protection provisions of your local laws of consumer protection.
– Arbitration. You and Sunday Market agree that any dispute or claim arising out of or relating to these Terms shall be ultimately resolved in accordance with its English Language Consumer Arbitration Rules Australian Consumer Protection Rules https://www.accc.gov.au/
– Costs of Arbitration. Payment of all reasonable ACCC filing, administration and arbitrator fees will be in accordance with the Australian Consumer Rules and, For third party mediation, the parties will pay their share of the mediation costs
– Forum. Our headquarters are in Western Australia, so any legal action against Sunday Market related to our Services must be brought and brought in Perth Western Australia. For all actions under the ACCC Rules, proceedings may be commenced in Perth Western Australia, and any individual hearing must be held in a location reasonably convenient to Sunday Market, If you are entering into a contract with Sunday Market, you and Sunday Market agree to submit to the personal jurisdiction of the state or federal courts located in Perth Western Australia, for any conduct not subject to arbitration or to mediation.
– Government exception. These terms do not apply to you if your an entity using the Services in an official capacity and are not legally able to agree to the terms of this section. In such an event, the Terms and any action related to the Terms will be governed by the laws of the Australian ACCC (without regard to conflict of laws) and, in the absence of federal law, to the extent permitted by federal law.
– Amendments. If we make any changes to the “Disputes with Sunday Market” section since your last acceptance of the Terms, those changes will not apply to any litigation claims brought
12. Changes to the Terms
We may update these Terms from time to time. If we believe a change is material we will make sure to notify you by posting the change via the Services and/or sending you an email or message regarding the change. This way you can decide if you want to continue using the service. Unless otherwise specified, changes will be effective upon posting. It is your responsibility to review and familiarize yourself with any changes. Your use of the Services after the changes constitutes your acceptance of the updated terms.
13. Certain Specifics of Law
These Terms (including any policies making up these Terms) supersede any other agreements between you and Sunday Market regarding the Services. If any part of the Terms is found to be unenforceable, that part will be limited to the minimum extent necessary for the Terms to otherwise remain in full force and effect. Our failure to enforce any part of the Terms does not waive our right to enforce that part or any other part of the Terms in the future. We may assign any of our rights and obligations under the Terms.
14. Contact Information
If you have any questions about the Terms, please email info@Sundaymorningmarket.com.