OUR MARKETPLACE T&Cs
Welcome to Capriess! The Simple way to sell your wedding items.
Please read our Terms and Conditions before using the Platform, Capriess.com.au and make sure you understand and agree to them before you sell or buy any items. If you are concerned about anything in these terms, or if you have any issues, complaints or feedback at any time, please do not hesitate to contact us using the contact details provided on our website.
WHAT PARTS OF THESE TERMS APPLY TO ME?
This agreement governs your use of the wedding marketplace Capriess which enables people in Australia to buy and sell wedding items (Platform) and any other services made available through the Platform. By using the Platform, you agree to be bound by this agreement which forms a binding contractual agreement between you, the User, and us, CAPRIESS MARKETPLACE, ABN 67 569 193 892 (>Capriess, we or us).
The remainder of this agreement is divided into three parts:
- Part 1 (All Users), which sets out terms that apply to all Users;
- Part 2 (Sellers), which sets out additional terms that apply to Sellers, being those offering to sell wedding items on our Platform; and
- Part 3 (Buyers), which sets out additional terms that apply to Buyers, being those wanting to buy wedding items on our Platform.
If you intend to use the Platform as a Seller, only Parts 1 and 2 of these terms will apply to you.
If you intend to use the Platform as a Buyer, only Parts 1 and 3 of these terms will apply to you.
When we talk about the “Services” in this agreement, we are referring to our website available at www.capriess.com.au (Website) and any associated services we offer.
We can’t stand people who try to scam others – we don’t tolerate any sort of behaviour like this on Capriess! We strongly suggest you only trade in person and never send money to anyone without meeting and seeing the items first.
To make sure you’re as safe as possible when trading wedding items on Capriess, please follow carefully our advice and our “Trading Safely” guidelines on our Website and email.
If you feel you’re being scammed (or have any other issues with your safety online) please do not hesitate to email us right away via our Contact Page. Emma, our Customer Service Rock Star is here to help.
Besides Emma’s support, we’ve also put together a list of helpful tips to help you trade more safely available here.
- This Platform is not intended for unsupervised use by any person under the age of 18 years old or any person who has previously been suspended or prohibited from using the Platform. By using the Platform, you represent and warrant that you are either:
- over the age of 18 years and accessing the Platform for personal use; or
- accessing the Platform on behalf of someone under the age of 18 years old and consent to that person’s use of the Platform.
- Please do not access the Platform if you are under the age of 18 years old and do not have your parent or guardian’s consent, or if you have previously been suspended or prohibited from using the Platform.
- If you use the Platform on behalf of a company or organisation you warrant that you have the necessary authority from that company or organisation to do so.
- You can view the Platform and Listings (defined below) without signing in.
- In order to list any items and respond to Listings, all Users are required to sign-up, register and receive an account through the Platform (an Account).
- As part of the Account registration process and as part of your continued use of the Platform, you are required to provide personal information and details, such as your email address and first and last name, and other information as determined by Capriess from time to time.
- You warrant that any information you give to Capriess in the course of completing the Account registration process will always be accurate, honest, correct and up to date.
- You may register for an Account using your Google Account, Facebook or other social media network account (Social Media Account). If you sign in to your Account using your Social Media Account, you will need to authorise us to access certain information on your Social Media Account including your name. You will also need to agree to any terms of your social media provider.
- Once you complete the Account registration process, Capriess may, in its absolute discretion, choose to accept you as a registered user within the Platform and provide you with an Account.
- Capriess reserves the right to contact you about any concerning behaviour by you, or to seek a resolution with you.
- Capriess may, in its absolute discretion, suspend or cancel your Account for any reason, including for any failure to comply with this agreement.
3. HOW IT WORKS
- (Seller makes Listing) If you would like to sell your wedding items you may list it on our Platform (Listing) using either:
- the free listing option (Market Stall Listing); or
- if you would like to showcase your listing you can choose the paid (Showcased Listing).
- (Buyer searches for Listings) Buyers can then search Listings for free on our Platform.
- (Buyer makes enquiry) The Buyer then uses the Platform to submit an enquiry about a Listing the Buyer is interested in. That enquiry will be forwarded by the Platform to the Seller’s email address provided in their Account or registration. You agree that by creating an Account, a Listing and/or submitting an enquiry that you consent to other Users having access to your personal information required to communicate with that User including your name and email address.
- (Communicate outside Platform) After you have contacted another User, all remaining correspondence will be conducted outside of the Platform.
- You must arrange the buying and selling of your items with other Users and Capriess will not be involved after the initial contact email.
- (Trade in person) No money is traded on the Platform (except for the Listing Fee for Sellers (defined below).
- (Trade Safely) We encourage you to follow our Trading Safely guidelines available on our Platform. Whilst we have taken care to ensure these guidelines are as useful as possible, we will not be responsible for any issues that occur if you do or do not follow these guidelines. Always use your judgment when trading with people online and trust your gut! Make wise decisions to protect yourself from scams.
4. USER OBLIGATIONS
As a User, you agree:
- that you will read our Trading Safety guidelines and abide by them;
- not to intimidate, harass, impersonate, stalk, threaten, bully or endanger any other User or distribute unsolicited commercial content, junk mail, spam, bulk content or harassment;
- to not share your Account with any other person and that any use of your Account by any other person is strictly prohibited. You must immediately notify Capriess of any unauthorised use of your Account, password or email, or any other breach or potential breach of the Platform’s security;
- to not use the Platform for any purpose other than for the purpose of making arrangements to provide or receive Services, including:
- you must not use the Platform in a manner that is illegal or fraudulent or facilitates illegal or fraudulent activity (including requesting or accepting a job which includes illegal activities or purposes); and
- you must not use the Platform in connection with any commercial or money making or other promotional or marketing endeavours except those that are endorsed herein, or as approved in writing by Capriess;
- not to act in any way that may harm the reputation of Capriess or associated or interested parties or do anything at all contrary to the interests of Capriess or the Platform;
- you must not make any automated use of the Platform and you must not copy, reproduce, translate, adapt, vary or modify the Platform without the express written consent of Capriess;
- that Capriess may change any features of the Platform or services offered through the Platform at any time without notice to you;
- that information given to you through the Platform, by Capriess or another User including a Seller, is general in nature and we take no responsibility for anything caused by any actions you take in reliance on that information; and
- that Capriess may cancel your account at any time if it considers, in its absolute discretion, that you are in breach or are likely to breach this clause 3.
(Reporting other Users) If you believe another User is in breach of these User Obligations, you may contact us using the functionality available on the Platform or via email. We will endeavour to investigate any issues raised as soon as possible, and, if appropriate, provide you with a response of any action taken.
5. YOUR CONTENT ON OUR PLATFORM
5.1 TYPES OF CONTENT
As part of using the Platform, you’ll be uploading images, content, information and materials you share with us or the public (including in your Listing, feedback, suggestions and enhancement requests), including by contacting us, or when you register for an Account (User Content).
By providing or posting any User Content, you represent and warrant that:
- you are authorised to provide the User Content (including by being authorised to sell any items that you list);
- the User Content is accurate and true at the time it is provided;
- any User Content which is in the form of a review or feedback is honest, accurate and presents a fair view of the relevant person and/or your experience;
- the User Content is free from any harmful, discriminatory, defamatory or maliciously false implications and does not contain any offensive or explicit material;
- the User Content does not infringe any Intellectual Property Rights, including copyright, trademarks, business names, patents, confidential information or any other similar proprietary rights, whether registered or unregistered, anywhere in the world;
- the User Content does not contain any viruses or other harmful code, or otherwise compromise the security or integrity of the Platform or any network or system; and
- the User Content does not breach or infringe any applicable laws.
- You grant to Capriess a perpetual, irrevocable, transferable, worldwide and royalty-free licence (including the right to sublicense) to use, copy, modify, reproduce and adapt any Intellectual Property Rights in any User Content in order for Capriess to use, exploit or otherwise enjoy the benefit of such Posted Material.
- If it is determined that you retain moral rights (including rights of attribution or integrity) in any Posted Material, you forever release Capriess from any and all claims that you could assert against Capriess by virtue of any such moral rights.
- You indemnify Capriess against all damages, losses, costs and expenses incurred by Capriess arising out of any third party claim that your User Content infringes any third party’s Intellectual Property Rights.
- Capriess acts as a passive conduit for the online distribution of User Content and has no obligation to screen User Content in advance of it being posted. However, Capriess may, in its absolute discretion, review and remove any User Content(including links to you, your profile or listings you have posted on the Platform) at any time without giving any explanation or justification for removing the Posted Material.
- You agree that you are responsible for keeping and maintaining records of Posted Material.
6. REFUNDS, SERVICE INTERRUPTIONS AND CANCELLATIONS
Capriess will have no liability or obligation to you if:
- a Buyer or Seller cancels at any time after you have agreed to buy or sell item in a Listing; or
- for whatever reason, including technical faults, the Services cannot be performed or completed,
and you will not be entitled to any compensation from Capriess.
7. SERVICE LIMITATIONS
The Platform is made available to you strictly on an ‘as is’ basis. Without limitation, you acknowledge and agree that Capriess cannot and does not represent, warrant or guarantee that:
- the Platform will be free from errors or defects;
- the Platform will be accessible at all times;
- messages sent through the Platform will be delivered promptly, or delivered at all;
- information you receive or supply through the Platform will be secure or confidential; or
- any information provided through the Platform is accurate or true.
8. INTELLECTUAL PROPERTY
- Capriess retains ownership of all materials developed or provided (or both, as the case may be) in connection with the Services (including text, graphics, logos, design, icons, images, sound and video recordings, pricing, downloads and software) (Service Content) and reserves all rights in any Intellectual Property Rights owned or licensed by it not expressly granted to you.
- You may make a temporary electronic copy of all or part of the Service Content for the sole purpose of viewing it and adapting it for the purpose of using the Platform and our Services. You must not otherwise reproduce, transmit, adapt, distribute, sell, modify or publish the Service Content without prior written consent from Capriess or as permitted by law.
- In this clause 8, “Intellectual Property Rights” means all copyright, trade mark, design, patent, semiconductor and circuit layout rights, trade, business, company and domain names, confidential and other proprietary rights, and any other rights to registration of such rights whether created before or after the date of this agreement both in Australia and throughout the world.
9. THIRD PARTY CONTENT
The Platform may contain text, images, data and other content provided by a third party and displayed on the Platform (Third Party Content). Capriess accepts no responsibility for Third Party Content and makes no representation, warranty or guarantee about the quality, suitability, accuracy, reliability, currency or completeness of Third Party Content.
10. DISPUTES BETWEEN USERS
- You should try to sort out any issues or complaints relating to another User or a Listing with that User. You must take all reasonable steps to resolve any dispute with another User.
- If any issue or problem relating to the Platform remains unresolved after trying to sort it out with another User, or if the complaint does not relate to another User, you can report it to us via the functionality available on the Platform or you can email us. We will assess the complaint and attempt to quickly and satisfactorily resolve it. We may give you some suggestions and recommendations for how to handle the issue or direct you to our Trading Safely guidelines.
- Capriess has the option to appoint an independent mediator or arbitrator if needed. The cost of any mediator or arbitrator must be shared equally between each of the parties to the dispute. Any costs you incur in relation to a complaint or dispute will be your responsibility.
- If you have a dispute with Capriess, you agree to notify us first and enter into discussion, mediation or arbitration with us for a minimum of a 120-day period before pursuing any other proceedings.
- If you are unhappy with the Platform at any time you may contact us using the functionality available on the Platform or email us and we can cancel your Account for you. If you do not have an Account, you may simply discontinue your use of the Platform.
Capriess does not accept responsibility for loss or damage to computer systems, mobile phones or other electronic devices arising in connection with your use of the Platform. You should take your own precautions to ensure that the process you employ to access the Platform does not expose you to the risk of viruses, malicious computer code or other forms of interference.
- (Introduction service) Capriess is a medium that facilitates the introduction of Buyers and Sellers for the purposes of making arrangements to fulfil service offerings regarding the buying and selling of wedding items. Capriess mainly provides this as a free service and if Sellers choose a paid plan, we collect a small Listing Fee in consideration for providing this introduction service. We do not have any obligations or liabilities to, and we are not a party to any contract between, Buyers and Sellers in relation to such services or otherwise resulting from the introduction.
- (Limitation of liability) To the maximum extent permitted by applicable law, Capriess excludes completely all liability to any person for loss or damage of any kind, however arising whether in contract, tort (including negligence), statute, equity, indemnity or otherwise, arising from or relating in any way to the Platform or its use or any services provided by any Seller. This includes the transmission of any computer virus.
- (Disclaimer) All express or implied representations and warranties are, to the maximum extent permitted by applicable law, excluded. Where any law (including the Competition and Consumer Act 2010 (Cth)) implies a condition, warranty or guarantee into this agreement which may not lawfully be excluded, then to the maximum extent permitted by applicable law, Capriess’ liability for breach of that non-excludable condition, warranty or guarantee will, at our option, be limited to:
- in the case of goods, their replacement or the supply of equivalent goods or their repair; and
- in the case of services, the supply of the services again, or the payment of the cost of having them supplied again.
- (Indemnity) You agree to indemnify Capriess and its employees and agents in respect of all liability for loss, damage or injury which may be suffered by any person arising from you or your representatives’ use of the Platform or your provision or receipt of Services from another User.
- (Consequential loss) To the maximum extent permitted by law, under no circumstances will Capriess be liable for any incidental, special or consequential loss or damages, or damages for loss of data, business or business opportunity, goodwill, anticipated savings, profits or revenue arising under or in connection with the Platform, this agreement or their subject matter, or any services provided by any Seller (except to the extent this liability cannot be excluded under the Competition and Consumer Act 2010 (Cth)).
You agree that:
- no information owned by Capriess, including system operations, documents, marketing strategies, staff information and client information, may be disclosed or made available to any third parties; and
- all communications involving the details of other users on this Platform and of the Seller are confidential, and must be kept as such by you and must not be distributed nor disclosed to any third party.
14. COLLECTION NOTICE AND PRIVACY
- We collect personal information about you in order to enable you to access and use our Website and the Services, to respond to your enquiries, to contact and communicate with you regarding any concerns you have about the Platform and trading safely and to provide you with our Services.
- (Sharing of Information) In order for the Platform to function and to provide you with the Services your personal information (such as your name and email address) will be shared with other Users that interact with on the Platform. You acknowledge that by creating an Account, a Listing and/or submitting an enquiry that you consent to other Users having access to your personal information required to fulfil the services.
- We take your privacy and personal information seriously and we are committed to protecting your privacy.
- Capriess reserves the right to terminate a User’s access to any or all of the Platform (including any Accounts and Listings) at any time without notice, for any reason.
- In the event that a User’s Account is terminated:
- the User’s access to all posting tools on the Platform will be revoked;
- the User will be unable to view the details of all other Users (including contact details, geographic details, any other personal details and Listings or requests); and
- the User may be unable to view the details of all other Sellers (including contact details, geographic details and any other details), and all Listings previously posted by the respective User will also be removed from the Platform.
- Users may terminate their Account on Capriess at any time by using the Platform’s functionality where such functionality is available. Where such functionality is not available, Capriess will affect such termination within a reasonable time after receiving written notice from the User.
- Notwithstanding termination or expiry of your membership or this agreement, the provisions of Part 1 and any other provision which by its nature would reasonably be expected to be complied with after termination, will continue to apply.3
You are responsible for the collection and remission of all taxes associated with the services you provide or receive or any transactions through your use of the Platform, and Capriess will not be held accountable in relation to any transactions between Buyers and Sellers where tax related misconduct has occurred.
17. RECORD / AUDIT
To the extent permitted by law, Capriess reserves the right to keep all records of any and all transactions and communications made through this Platform between you and other Users (including conversations, user posts, job request bids, comments, feedback, cookies, and I.P. address information) for administration purposes and also holds the right to produce these records in the event of any legal dispute involving Capriess.
This agreement is governed by the law applying in Victoria. Each party irrevocably submits to the exclusive jurisdiction of the courts of Victoria and courts of appeal from them in respect of any proceedings arising out of or in connection with this agreement. Each party irrevocably waives any objection to the venue of any legal process on the basis that the process has been brought in an inconvenient forum.
You must verify that any Buyer is over 18 years old or has their parent’s or guardian’s consent to use the Platform.
- (Creating a Listing) When you create a Listing you will be prompted to fill in a few fields including:
- category of Listing;
- your first and last name; and
- a detailed description of the item.
- (Choose to Showcase) You may then choose either to list your item as a Market Stall Listing or a Showcased Listing.
- (Review of Listings) We may review any Listing to ensure it complies with these terms and is appropriate for the Platform.
- (Confirmation of Listing) You will receive a confirmation email from us within 1 week of submitting your Listing to inform you that your Listing is live. You can then share the Listing across your social media channels.
You acknowledge and agree that:
- you must use your best endeavours to provide as much information as possible in any Listing;
- Capriess may choose not to accept any Listing you submit to the Platform, and Capriess may limit the number of Listings you can submit on the Platform;
- after the initial enquiry all remaining communication is to be conducted outside of the Platform;
- you must deal with any dispute with a Buyer in accordance with clause 9 of Part 1;
- any terms and conditions relating to a Listing provided via the Platform are solely between you and the Buyer and do not involve Capriess in any way, except that they must not be inconsistent with your obligations under this agreement;
- Capriess will have no responsibility for the accuracy, reliability or timeliness of a Buyer responding to a Listing; and
you must comply with our Trading Safely guidelines.
- Viewing the Platform and posting a Market Stall Listing is free.
- We offer a premium option where you can showcase your Listing, the Showcased Listing. We charge a small one-off fee for each Showcased Listing that is payable at front at the time you list your items (Listing Fee)
- Capriess reserves the right to change or waive the Listing Fee at any time by updating this agreement or changing the price on our Platform.
- (No refunds) The Listing Fee is by default non-refundable. However, Capriess may, in its absolute discretion, issue refunds of the Listing Fee in certain circumstances.
- (Payment obligations) Unless otherwise agreed in writing you must pay all Listing Fees upfront.
- (Card surcharges) Capriess reserves the right to charge credit card surcharges in the event that payments are made using a credit, debit or charge card (including Visa, MasterCard, American Express or Diners Club).
- You agree to release Capriess and its employees and agents in respect of all liability for loss, damage or injury which may be suffered by any person arising from any act or omission of the Online Payment Partner, including any issue with security or performance of the Online Payment Partner’s platform or any error or mistake in processing your payment.
5. BINDING CONTRACT
You agree that when a Buyer submits an enquiry in response to your Listing, this constitutes their intention and offer to enter into a contract with you, where you will provide the Buyer with the item in the Listing they responded to in exchange for payment. A contract is formed in this respect when you agree with a Buyer outside of the Platform that you accept a Buyer’s offer to purchase your item.
By listing yourself as a Seller on the Platform and posting a Listing, you represent and warrant that:
- you are able to fulfil the requirements of providing the items specified in the Listing;
- you will provide the relevant items to Buyers:
- in accordance with the description in the Listing; and
- in compliance with all applicable laws; and
- any individuals involved in providing the items have not been previously convicted of an indictable offence, and any companies involved in providing the items have no current legal, criminal, civil or administrative proceedings against Capriess.
1. LISTINGS AND BUYER OBLIGATIONS
You acknowledge and agree that:
- if you respond to a Listing and agree to pay for that Listing, that will constitute your offer and intention to enter into a contract with the Seller;
- Capriess will have no liability or obligation to you if a Seller cancels a Listing or a Listing is not as described and you will not be entitled to any compensation from Capriess;
- if you wish to cancel any dealings with a Seller, you must contact the Seller directly to arrange this. If Capriess decides to investigate any dispute or issue with a Seller, you must provide assistance and information to Capriess as reasonably requested;
- the Platform provides links and introductions to Sellers that are not under the control of Capriess;
- the provision by Capriess of introductions to Sellers does not imply any endorsement or recommendation by Capriess of any Seller;
- Sellers are not verified by Capriess. Please be careful and again, always follow our Trading Safely guidelines when dealing with Sellers;
Capriess does not examine, determine or guarantee any Listing; and
- you purchasing any items from a Seller provided via a Listing on the Platform constitutes a contract between you and the Seller and does not involve Capriess in any way.