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Terms and Conditions

We don’t hide behind our Terms and Conditions, so here are a few things we’d like to highlight with you up front:

  • Don’t leave buying your wedding items to the last minute. Give yourself plenty of time.
  • Take all steps necessary to make sure you’re comfortable to meet the seller face to face. Capriess should not (and will not) be held responsible if you as the “buyer” take the risk to go and meet a “seller” to buy their pre-loved wedding item from them.
  • We do not tolerate scammers and suggest to ONLY trade in person
  • We only review the 1st message from a potential buyer, which is sent through an enquiry form on Capriess. All other communication a buyer has with a seller from that point onwards is completely unmonitored as it takes place through their personal email accounts.
  • We do not collect any sort of payment from a buyer who sells their item to a seller. The only fee we collect, is from a seller who uses Capriess to list their pre loved wedding item.
  • We are ‘a facilitator of relationships and not a supplier for the purpose of Australian consumer law. You are responsible for your own actions and transactions.

Terms of Use

Welcome to Capriess. By accessing this site you are agreeing to the Terms and Conditions outlined below and are subject to change at any time without notice. Your continued use of this website after such changes will indicate your acceptance of these changes.

Applicable Law and Jurisdiction

Your use of this website is governed in all respects by the laws of the State of Victoria, Australia. You agree to submit to the exclusive jurisdiction of the courts of Victoria in relation to any legal proceeding directly or indirectly arising out of or relating to this site.

Offensive content and policy breaches can be reported to us by emailing through our Contact Page.

We may issue warnings, limit or terminate our service, remove hosted content and take steps to block users if we think that they are creating problems or acting inconsistently with our policies. We do not accept any liability for monitoring listings, unauthorised or unlawful content on Capriess and transactions with sellers/buyers that are not done in person, resulting in sellers/buyers transferring money via deposits or wire transfer.

Fees

All fees on Capriess are quoted in Australian Dollars, and may change from time to time. Fees are non-refundable, and you are responsible for paying them when you list your item on Capriess. For an up to date price please refer to our pricing here: https://www.capriess.com.au

Content

You are also responsible for any content that you post or transmit and, if you create an account, you are responsible for all content posted or transmitted through or by use of your account.
By submitting content to us, you automatically grant and assign to Capriess, permission to use the content for the purpose of promoting the Capriess business.
You may not disassemble or decompile, reverse engineer or otherwise attempt to discover any source code contained in Capriess. Without limiting the foregoing, you agree not to sell, re distribute, reproduce, duplicate, copy, or otherwise exploit except for the purpose of a bona fide use of this site or as otherwise permitted by the Copyright Act 1968 or with the prior written consent of the site owners.

Content prohibited from Capriess includes but is not limited to:

(1) illegal content;
(2) content in facilitation of the creation, advertising, distribution, provision or receipt of illegal goods or services;
(3) offensive content (including, without limitation, defamatory, threatening, hateful or pornographic content);
(4) content that discloses another’s personal, confidential or proprietary information;
(5) false or fraudulent content (including but not limited to false, fraudulent or misleading responses to user ads transmitted via craigslist);
(6) malicious content (including, without limitation, malware or spyware);
(7) content that offers, promotes, advertises, or provides links to posting or auto-posting products or services, account creation or auto-creation products or services, flagging or auto-flagging products or services, bulk telephone numbers; and
(8) content that offers, promotes, advertises or provides links to unsolicited products or services.

We reserve the right at our discretion to refuse or delete content that we believe to be inappropriate or breaching the above terms. We also reserve the right at our discretion to restrict a user’s usage of the site either temporarily or permanently, or refuse a user’s registration. We have no obligation to review or monitor uploaded content and that the customer acknowledges that content on the website could be offensive, illegal or otherwise prohibited.

By posting an ad, you agree to allow Capriess to use your content by promoting it on our social media channels to give you, the advertiser, as much exposure as possible. For your reference social media channels may include, but are not limited to: Google +. Facebook, Twitter, Tumblr, Instagram and Pinterest.

Infringement

Do not post content that infringes the rights of third parties, this includes, but is not limited to, content that infringes on intellectual property rights such as copyright and trademark (e.g. offering counterfeit items for sale). Products infringing on the intellectual property rights will be removed by site administration.

Reporting an infringement:
To report infringements please email us through our Contact Page with detailed information enabling us to identify the advertisement that will be removed.

Liability

Nothing in these terms shall limit our liability for fraudulent misrepresentation, for death or personal injury resulting from our negligence or the negligence of our agents or employees. You agree not to hold us and Capriess representatives, and their respective subsidiaries, affiliates, successors, predecessors, assigns, heirs, service providers and suppliers, from all claims, demands and damages of every kind and nature, known and unknown, direct and indirect, suspected and unsuspected, disclosed and undisclosed, arising out of or in any way related to Capriess or content accessed through Capriess, or any interactions with others arising out of or related to Capriess or content accessed through this site.

We do not review users’ postings and are not involved in the actual transactions between users. As most of the content on Capriess comes from other users, we do not guarantee the accuracy of postings or user communications or the quality, safety, or legality of what’s offered. Capriess does not control, is not responsible for and makes no representations or warranties with respect to any user content. You are solely responsible for your access to, use of and/or reliance on any user content.

In no event do we accept liability of any description for the posting of any unlawful, threatening, abusive, defamatory, obscene or indecent information, or material of any kind which violates or infringes upon the rights of any other person, including without limitation any transmissions constituting or encouraging conduct that would constitute a criminal offense, give rise to civil liability or otherwise violate any applicable law.

We cannot guarantee continuous, error-free or secure access to our services or that defects in the service will be corrected. While we will use reasonable efforts to maintain an uninterrupted service, we cannot guarantee this and we do not give any promises or warranties (whether express or implied) about the availability of our services.

Accordingly, to the extent legally permitted we expressly disclaim all warranties, representations and conditions, express or implied, including those of quality, merchantability, merchantable quality, durability, fitness for a particular purpose and those arising by statute. We are not liable for any loss, whether of money (including profit), goodwill, or reputation, or any special, indirect, or consequential damages arising out of your use of this site, even if you advise us or we could reasonably foresee the possibility of any such damage occurring. Some jurisdictions do not allow the disclaimer of warranties or exclusion of damages, so such disclaimers and exclusions may not apply to you.

Privacy Policy

By using our site, you consent to our Privacy Policy.

Changes to our Privacy Policy
If we decide to change our Privacy Policy, we will update the Privacy Policy modification date below. Policy changes will apply only to information collected after the date of the change.

Contacting Us

If there are any questions regarding this privacy policy you may contact us.

Children’s Online Privacy Protection Act Compliance
We are in compliance with the requirements of the Children’s Online Privacy Protection Act 1998 (COPPA). This means we do not collect any information from anyone under 18 years of age. Our website, products and services are all directed to people who are at least 13 years old or older.

CAN-SPAM Compliance
We have taken the necessary steps to ensure that we are compliant with the CAN-SPAM Act of 2003 by never sending out misleading information.

Privacy Policy Customer Pledge

We pledge to you that we have made a dedicated effort to bring our Privacy Policy in line with the following important privacy laws and initiatives:
Federal Trade Commission Fair
California Online Privacy Protection Act
Children’s Online Privacy Protection Act
Privacy Alliance

What information do we collect?

• Email address for purposes such as sending self-publishing and confirmation emails, authenticating user accounts, providing subscription email services, registering for forums, etc.
• Phone numbers, physical contact information, and (depending on the service used) sometimes financial information;
• Computer sign-on data, statistics on page views, traffic to and from Capriess and ad data (all through cookies – you can take steps to disable the cookies on your browser although this is likely to affect your ability to use the site);
• Other information, including users IP address and standard web log information.
• We may collect personal information if you provide it in feedback or comments, post it on our social media channels, or if you contact us directly.
• Our web logs collect standard web log entries for each page served, including your IP address, page URL, and timestamp. Web logs help us to diagnose problems with our server, to administer the craigslist site, and to otherwise provide our service to you
How do we protect your information?

We implement a variety of security measures to maintain the safety of your personal information when you submit a request, place an order or enter any personal information.

These security measures include: password protected directories and databases to safeguard your information. This database is only accessible to those authorised with special access rights to such systems, and they are required to keep the information confidential.

After a transaction, your payment information (such as credit cards) will not be stored on our servers. Our payment gateway providers, Paypal, keep this information encrypted and secure on your behalf.

Circumstances in which Capriess may release information

• Capriess may disclose information about its users if required to do so by law or in the good faith belief that such disclosure is reasonably necessary to respond to subpoenas, court orders, or other legal process.
• Capriess may also disclose information about its users to law enforcement officers or others, in the good faith belief that such disclosure is reasonably necessary to: enforce our Terms of Use; respond to claims that any posting or other content violates the rights of third-parties; or protect the rights, property, or personal safety of Capriess, its users or the general public.

What do we use your information for?
Any of the information we collect from you may be used in one of the following ways:
• Provide our services to personalise your experience. Your information helps us to better respond to your individual needs;
• Improve our website;
• Resolve disputes, collect fees, and troubleshoot problems;
• Encourage safe trading and enforce our policies;
• Deliver targeted marketing, service updates and promotional offers to you according to your preferences;
• To send periodic emails such as information and updates pertaining to your order.

Disclosure

We do not sell, trade, or otherwise transfer to outside parties your personally identifiable information. This does not include trusted third parties who assist us in operating our website, conducting our business, or servicing you, so long as those parties agree to keep this information confidential. We may also release your information when we believe release is appropriate to comply with the law, enforce our site policies, or protect ours or others’ rights, property, or safety. However, non-personally identifiable visitor information may be provided to other parties for marketing, advertising, or other uses.

Third party links

Occasionally, at our discretion, we may include or offer third party products or services on our website. These third party sites have separate and independent privacy policies. We therefore have no responsibility or liability for the content and activities of these linked sites. Nonetheless, we seek to protect the integrity of our site and welcome any feedback about these sites.

Registration and sharing through third-party services. Capriess may offer single sign-on services that allow you to use third party login credentials to sign into Capriess. With your permission, Capriess may also transfer profile information contained in your third-party profile. Capriess may also, for your use, enable you to import information about who you are connected, as well as enable you to share information with those third-party sites (other than listings), at your discretion. If you wish to discontinue such sharing, you will be able to do so through your preference page.

Email

You agree to receive marketing communications from us unless you tell us that you prefer not to receive such communications. If you don’t wish to receive marketing communications from us, simply indicate your preference by following directions provided with the communication. You may not use our site or communication tools to harvest addresses, send spam or otherwise breach our Terms of Use or Privacy Policy.

Access, Modification, and Deletion

You can see, modify or erase most of your personal information by reviewing and modifying your profile, by signing on to Capriess, or by contacting customer support to review any personal information Capriess stores that is not available on Capriess. There may be a charge associated with such requests but these will not exceed the amounts permitted by law. Capriess deletes personal information when this information is no longer needed for the purposes we described earlier. Capriess retains personal information as permitted by law to resolve disputes, enforce our policies; and prevent unlawful users from returning.

Do we use cookies?

Yes, Cookies are small files that a site or its service provider transfers to your computer’s hard drive through your Web browser (if you allow) that enables the sites or service providers systems to recognise your browser and capture and remember certain information.

DISCLAIMERS

YOUR ACCESS TO, USE OF AND RELIANCE ON CAPRIESS AND CONTENT ACCESSED THROUGH CAPRIESS IS ENTIRELY AT YOUR OWN RISK. CAPRIESS (INCLUDING, WITHOUT LIMITATION, THE WEBSITES, PROGRAMS, SERVICES, FORUMS AND CONTENT ACCESSED THROUGH THE WEBSITES, PROGRAMS, SERVICES AND FORUMS) IS PROVIDED ON AN “AS IS” OR “AS AVAILABLE” BASIS WITHOUT ANY WARRANTIES OF ANY KIND.

ALL EXPRESS AND IMPLIED WARRANTIES (INCLUDING, WITHOUT LIMITATION, WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT OF PROPRIETARY RIGHTS) ARE EXPRESSLY DISCLAIMED.

CAPRIESS ALSO DISCLAIMS ALL WARRANTIES FOR AND WITH RESPECT TO:

(a) THE SECURITY, RELIABILITY, TIMELINESS, ACCURACY AND PERFORMANCE OF CAPRIESS AND CONTENT ACCESSED THROUGH CAPRIESS;

(b) COMPUTER WORMS, VIRUSES, SPYWARE, ADWARE AND ANY OTHER MALWARE, MALICIOUS CODE OR HARMFUL CONTENT OR COMPONENTS ACCESSED, RECEIVED OR DISSEMINATED THROUGH, RELATED TO OR AS A RESULT OF CAPRIESS OR CONTENT ACCESSED THROUGH CAPRIESS;

(c) ANY TRANSACTIONS OR POTENTIAL TRANSACTIONS, GOODS OR SERVICES PROMISED OR EXCHANGED, INFORMATION OR ADVICE OFFERED OR EXCHANGED, OR OTHER CONTENT, INTERACTIONS, REPRESENTATIONS OR COMMUNICATIONS THROUGH, RELATED TO OR AS A RESULT OF USE OF CAPRIESS OR CONTENT ACCESSED THROUGH CAPRIESS (INCLUDING, WITHOUT LIMITATION, ACCESSED THROUGH ANY LINKS ON CAPRIESS OR IN CONTENT).
THESE DISCLAIMERS SHALL APPLY TO THE FULLEST EXTENT PERMITTED BY LAW.

Some jurisdictions do not allow disclaimer of implied warranties. In such jurisdictions, some of the foregoing disclaimers as to implied warranties may not apply.

This website is licensed to Capriess. You must not access, browse or use this website unless you agree to be bound by the Terms and Conditions set out on this website. If you do not agree to these Terms and Conditions then do not use this website.

All the information contained on this website is intended for general information only and should not be considered to be complete or definitive. Information on this website may contain technical inaccuracies or typographical errors. We reserve the right to make changes at any time, without notice, to any element of this website. All content and functionality on this website is provided ‘as is’ and without warranties of any kind. The information contained in this website is derived from sources believed to be true and accurate. However, the content may include errors and changes or events may occur which cause the information to be inaccurate or out of date. Accordingly we do not warrant the reliability, accuracy, currency or completeness of that information and any reliance by you upon that information is at your own risk.

You must indemnify Capriess against all loss, actions, proceedings, costs, expenses (including legal fees), claims and damages arising from any breach by you of these Terms of Use, your access and/or use of the website or reliance on its contents or information received through it by yourself or any person accessing any content through this website. No part of this site may be reproduced in any manner without express written permission from Capriess. By using this website you show that you agree to all stated conditions.

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