1. I Was Here - Consignment & Marketing Terms & Conditions:
1.1 These are the contractual Terms and Conditions (the Agreement) related to any business or individual creating or claiming a free or featured Marketing Packages (the Client) & giving to us on consignment any goods (products) within our shop premises being 63-65 Randell Street, Mannum in the state of South Australia, (the Shop) and to also be list/displayed on iwashere.com.au (the Website &/or the Shop).
1.2 The Website and the Shop is operated by I WAS HERE - (Ralph Paukovits proprietor) hereunder I WAS HERE includes any of his assignees, staff or the authorised persons appointed by him in his sole discretion.
1.4 The Clients use of this Website and these Terms and Conditions are governed by the laws of South Australia.
1.5 If any clause of these Terms and Conditions is held to be legally invalid or unenforceable, the invalid or unenforceable wording shall be deemed to be omitted from these Terms and Conditions and the remainder of the Agreement will have full force and effect.
1.6 I WAS HERE reserves the right to change any or all of the Terms and Conditions by publishing the new Terms and Conditions on the Website &/or the Shop and without specific notice to the Client. I WAS HERE also recommends that Clients check back regularly for any changes. A Clients usage of any part of the Website &/or the Shop and giving on consignment any products to the Shop will be subject to the most current version of these Terms and Conditions.
1.7 Should a Client have any questions or feedback relating to these Terms and Conditions, the Shop or the Website &/or the Shop, please contact by using the contact information on the Website &/or the Shop.
2. Clients Accounts
2.1 By creating a Client Account on the Website &/or the Shop you agree to the following terms:
2.1.1 That you will at all times abide by these Terms and Conditions
2.1.2 That you will keep your username and password by which you access the Clients Area confidential and secure at all times
2.1.3 That you accept all liability for any unauthorised use of any username and password issued
2.1.4 That you will provide accurate and up to date contact information and email address
2.1.5 That you are at least 18 (eighteen) years old
2.1.6 That you understand and are creating this account as an operating business or as an individual that will, by way of consignment, provide craft, gift, art or any other products that are safe & would be considered for sale under the Australian Consumer Law (ACL). The ACL provides consumers with a set of guarantees for the goods they buy, one of which is that they will be of 'acceptable quality.' Acceptable quality has a number of factors, including that the goods will be safe to use, and that they will be reasonably durable.
2.1.7 Should a Visitor request that we delete their information following privacy regulations, where this information was previously available in your business Client Account, this may no longer be the case.
3. Marketing Packages - General
3.1 The Client can use the Website &/or the Shop to add Marketing Packages to the Website &/or the Shop and amend and update that Marketing Packages on an ongoing basis, only if done per this Agreement.
3.2 The Client must not create, add, amend or update a Marketing Packages or any related content on the Website &/or the Shop without the express authorisation of that business to do so.
3.3 The Client agrees that all content submitted to the Website &/or the Shop by them or on their behalf, is authorised, belongs to the Client and does not breach any law or legal requirement.
3.4 The Client acknowledges that all content added to Marketing Packages on the Website &/or the Shop must:
3.4.1 Be accurate, on-topic and complete.
3.4.2 Not be misleading or deceptive or likely to be misleading or deceptive.
3.4.3 Not include information that is defamatory, fraudulent, infringes on the intellectual property or copyright of other third parties or would in any way expose the Website &/or the Shop or I WAS HERE to any liability, legal proceeding or any other sanctions.
3.4.4 Not be of a nature to bring the Website &/or the Shop or I WAS HERE into disrepute.
3.4.5 Comply with all relevant country, state and local regulations, laws and standards and all industry rules and regulations
3.4.6 Be allocated to the correct categories and locations
3.4.7 Be authorised and allowed in respect of the services represented
3.6 The Client is responsible for all the content in their Marketing Packages and any errors or omissions in their Marketing Packages, whether intentional or unintentional.
3.7 The Client is responsible for keeping their Marketing Packages up to date with new and relevant information.
3.8 The Client agrees that any information, pricing, promotions, special offers, events, images, videos or illustrations included in the Marketing Packages on the Website &/or the Shop must accurately depict the services and products available and not inflate the service or misrepresent the products, or capability of the business to provide the products in any way and the Client understands that Website Visitors will rely on this information when buying products.
3.9 The Client agrees that all content submitted to the Website &/or the Shop must be suitable for viewing by minors, must not be obscene, false, misleading, defamatory or deceptive in anyway and must not contain pornography, adult and sexual content, sex-related merchandising or nudity.
3.10 The Client agrees that all submissions of content in any format to the Website &/or the Shop will automatically be granted a perpetual, irrevocable, transferable, royalty-free licence (including rights to sublicense) to use, reproduce and republish in any media or format without restriction.
3.11 The Client agrees that they are solely and wholly responsible for delivering and providing the services and products list/displayed by the Client on Website &/or in the Shop and the Client certifies that they are professionally competent, experienced and qualified to deliver these products.
3.12 The Client confirms and certifies that they have all the necessary legal requirements in place for their business including but not limited to certifications, licences, risk and safety management and insurances in place concerning the products that they offer and the business that they operate.
3.15 The Client agrees that their terms and conditions shall not conflict with the Website &/or the Shop terms and conditions, and if they do, that they agree to abide by the Website &/or the Shop terms and conditions.
3.16 The Website &/or the Shop has the sole discretion to decide which businesses it will allow listing/display on the Website &/or the Shop.
3.17 The Website &/or the Shop has the right to remove or amend any Marketing Packages or any content provided in a Marketing Packages, for any reason at any time, at the sole discretion of the Website &/or the Shop, without the need to provide notice or an explanation and without any damages applying.
3.18 The Client authorises and consents to the Website &/or the Shop contacting them via any of the contact information provided by the Client (including phone and email), for any purpose related to the running and management of their account and the providing of any information including but not limited to new and changed Website features, special offers, Premium Leads, ratings and reviews and any marketing and promotions by the Website &/or the Shop or its partners.
3.19 The Client agrees that I WAS HERE can contact them via any of the contact information provided by the Client (including phone and email), to provide the Client with information about other websites owned and managed by I WAS HERE which may apply to the Client.
3.20 The Website &/or the Shop has the right to terminate this Agreement and remove any Marketing Packages from the Website &/or the Shop if any term of this Agreement or the Code of Conduct is breached.
4. Marketing Packages – In Shop
4.1 The Client can use the Website &/or the Shop to add Marketing Packages to the Website &/or the Shop and amend and update that Marketing Packages on an ongoing basis, only if done per this Agreement.
5. Consignment Stock In Shop -
5.1 Upon I WAS HERE accepting the Clients Marketing package the Client will deliver the products to the Shop.
5.2 By giving the Shop, consignment stock it is deemed to be showcasing the Clients Products.
5.3 The Client accepts all responsibilities in the showcasing of their products, during opening business hours inside &/or (outside the immediate premises also known as the Footpath), including but not limited to theft, defacing, damage or any other acts that may decrease the value of product/s shown.
5.4 Products will be placed in the Shop where I WAS HERE deems fit to place and, will display those products chosen by the Client’s package specifics, to be promoted or upgraded near or inside window bays or outside on the footpath, provided that:
5.4.1 Council or government restrictions do not apply.
5.4.2 It is safe to do so.
5.4.3 It is not too cold/hot windy or wet or if forecasted weather will be likely to cause damage to stock or displays.
5.4.4 For any reason I WAS HERE deems the products inappropriate to display. Causes include but are not limited to:
126.96.36.199 Odd shape
188.8.131.52 Likely to fall over
184.108.40.206 Might cause offence
220.127.116.11 Be of a very similar nature to other products already displayed
18.104.22.168 Conflict with one another.
6. Sale of Clients Products
6.1 Any sale made will be subject to an agreed cost price or an agreed percentage taken from the retail price of the product, including but not limited to discounts or other sales offers made by I WAS HERE.
6.1 If I WAS HERE, sell the Clients products then the Client will receive an email usually within a few minutes after the transaction has been paid for, advising them of such sale. This sale will be the total less the commission rate or cost price as defined within the Marketing package the Client has agreed to up to, less any taxes, gift-wrapping or any other charges that may apply to the product.
6.2 I WAS HERE will allocate the number of products available
4.2 I WAS HERE, in it’s best endeavours will secure and monitor the shop, when open or closed to avoid break-ins &/or theft. However in the event that the Clients product/s are stolen, damaged or lost, then I WAS HERE will, if the value of the total products is over $1,000, attempt to claim insurance, however, no guarantee whatsoever can be given to that claim.
4.2.1 Shoplifting. If an item has been shoplifted whether knowingly or not, then the cost of that product can not be classed as a sale & neither I WAS HERE or the client will be held responsible nor will be able to claim any costs associated with that product.
Marketing Packages - Featured
4.1 All of the points in the above section related to free Marketing Packages apply equally to Marketing Packages.
4.2 The Client may not apply for Marketing Packages on the Website &/or the Shop without having the express authorisation of that business to do so.
4.3 Marketing Packages offer additional benefits and features as outlined on the Packages page on the Website &/or the Shop. These are subject to change from time to time.
4.4 Marketing Packages require a monthly payment of fees to the Website &/or the Shop. The fees for Marketing Packages are as stated at the time of viewing on the Packages page on the Website &/or the Shop and exclude additional local taxes including but not limited to valued added taxes or goods and services taxes.
4.5 Monthly payments for Marketing Packages will continue to be charged to the Client by the Website &/or the Shop every month until cancelled by the Client.
4.6 Payments for Marketing Packages are made in advance for the following month.
4.7 The monthly payments for a Marketing Packages will be shown as “I WAS HERE - MANNUM” on your credit card statement.
4.8 Marketing Packages will receive access to several Premium Leads as part of their Marketing Packages package By accessing a Premium Lead the Client agrees to the specific terms and conditions related to the Premium Lead Program as outlined in Section 6 of these terms and conditions.
4.10 Marketing Packages will be given priority in the search results and across all areas of the Website &/or the Shop based on the amount and quality of the information provided to the Website &/or the Shop and the Marketing Packages package they have signed up for. If all of this is equal, the search results will be randomised so there is thus no guarantee that a Marketing Packages will always appear first in a set of featured search results.
4.11 Concerning feeds from Facebook and Twitter showed on Marketing Packages, the Website &/or the Shop is not responsible for any changed or removed functionality due to changed terms and conditions from these providers.
4.12 All information provided by the Website &/or the Shop or I WAS HERE concerning potential increases in leads and visibility from Marketing Packages are based on the average increases that have historically been achieved across all the businesses across all the I WAS HERE Websites. A Client should take into account that increases for individual businesses may vary significantly from the averages provided. The Website &/or the Shop or I WAS HERE is not liable in any way if increases in leads and visibility are not realised from Marketing Packages.
4.13 The Client is responsible for paying and managing all taxes including national, state and local taxes applicable to their business and country.
4.15 The Website &/or the Shop has the right to terminate this Agreement and remove any Marketing Packages from the Website &/or the Shop if monthly payments are not made or any term of this Agreement. Payments up to the termination date will remain due and payable by the Client.
Ratings and Reviews
5.1 The Client acknowledges that ratings and reviews are provided by independent third parties and not by the Website &/or the Shop or I WAS HERE and as such that the views included in any ratings and reviews are solely those of the third party providing that rating and review, and as such any potential, actual or other damages or liabilities whatsoever which may result in any way from any rating or review shall be between the Client and the aforesaid third party.
5.2 The Website &/or the Shop and I WAS HERE accept no responsibility or liability for actions taken or not taken by any party with respect reliance on ratings and reviews and any liabilities or damages whether actual or envisaged which may arise as a result of any rating or review placed on the Website &/or the Shop.
5.3 The Website &/or the Shop or I WAS HERE is not liable in any way if a Visitor to the Website &/or the Shop provides a negative review or in any way defames a Client list/displayed on the Website &/or the Shop.
5.4 The Client acknowledges that while the Website &/or the Shop requires Visitors to the Website &/or the Shop to create an account to provide rating and reviews, it may not always be possible to physically identify or contact the aforesaid Visitor if they have provided false or incorrect information or the information they have provided has changed and they have not updated their account details and as such that in certain circumstances we may be unaware which of the above scenarios has occurred.
5.5 The Client agrees to review, report or respond to ratings and reviews as appropriate that are posted on the Website &/or the Shop to ensure a fair and reasonable view of your business and its products and services is presented and maintained at all times. The Client agrees that all such responses shall be in a professional manner and under the Ratings and Reviews Guidelines as outlined on this Website.
5.6 When a new rating or review is received, the Website &/or the Shop will email the Client at the email address we have stored in the system. It is the Clients responsibility to ensure the email address the Website &/or the Shop has in the system is correct and up to date and that these emails are not being missed by being placed into an alternate folder or inbox by your email software which may result in them being delayed or missed, and that the Client actively and regularly reviews these emails and actions them.
5.7 The Client acknowledges that ratings and reviews from Visitors to the Website &/or the Shop and any responses provided by the Client are provided to the Website &/or the Shop with a perpetual, irrevocable, transferable, royalty-free licence (including rights to sublicense) to use, reproduce and republish in any media or format without restriction.
5.8 The Client agrees:
5.8.1 Not to post ratings and reviews about their own or a related parties business.
5.8.2 Not to post fake ratings and reviews about competitors.
5.8.3 Not to influence or encourage rating and reviews by anyone about their business, products or services who has not experienced or used them.
5.8.4 Not to influence or encourage friends and family to post rating and reviews without disclosure.
5.8.5 Not to influence, encourage or pay for rating and reviews by third parties on behalf of yourself or your friends and family.
5.9 The Client agrees to contact us immediately should they believe a rating or review is incorrect, fake or misleading using the contact information on our site.
Tables, Stands, Displays & table cloth leasing.
6.1 Tables, Stands, Displays &/or table cloth are used to display the clients products. The cost per unit will be charged to the client on an advanced monthly basis. If the client no longer wishes to pay such costs then the client will need to remove the items as soon as possible, but no longer than the end of the paid term.
6.2 Tables, Stands, Displays &/or table cloth are charged for lease on a discretionary basis.
Copyright and Intellectual Property
7.1 The Website &/or the Shop and I WAS HERE retains copyright in all materials, content, information, tools, documents, processes and files provided on the Website &/or the Shop. Everything contained in the Website &/or the Shop and everything required to operate the Website &/or the Shop is protected by copyright and intellectual property laws and as such, unauthorised use of these will violate such laws and the terms of usage.
7.2 The Website &/or the Shop or I WAS HERE do not grant any express or implied rights to use the property of the Website &/or the Shop for any purposes other than specified. If in doubt contact us to discuss.
7.3 The Client agrees not to copy, republish, frame, transmit, modify, rent, lease, loan, sell, assign, distribute, license, sublicense, reverse engineer, or create derivative works from anything contained in or required to operate the Website &/or the Shop including but not limited to Website code, offers, Packages, products, functionality, features, content or services.
Termination of agreement
8.1 I WAS HERE has the right to terminate this agreement, for whatever reason, giving at least 30 days notice or unless the client has breached any of the terms within this agreement, termination will be with immediate effect.
8.2 If a client has been given notice that the agreement will or has been terminated, then the client must:
8.2.1 Remove all their stock as soon as possible and no longer than 14 days, after which I WAS HERE will have the right to take possession & either place in storage at the clients costs and after 3 months will dispose of clients stock in whatever they deem appropriate to recover any costs that remain outstanding.
Limitation of Liability
9.1 The Website &/or the Shop or I WAS HERE is not responsible for any loss, damages, costs or expenses or any other claims in any way whatsoever which may occur as a result of the Client accessing and using the Website &/or the Shop, Package their business as a Free or Marketing Packages.
9.2 The Client hereby indemnifies and holds harmless the Website &/or the Shop and I WAS HERE and its directors, officers, employees, partners and agents from and against any liability, loss, damage, costs and expense and penalties incurred or suffered by them, resulting from a Client accessing and using the Website &/or the Shop, Package their business as a Free or Marketing Packages.