Information about Gigland

Terms of use

Terms and Conditions applicable to a seller of service using GIGLAND / www.thegigland.com.

These terms and conditions are the contract between you and theGIGLAND.com ("us", "we", etc). By visiting or using Our Website, you agree to be bound by them.

theGIGLAND.com is a trade name of GIGLAND, ABN 19 500 925 645, whose address is at PO Box 149, Sanctuary Cove QLD 4212


1.            Definitions

"Content"

means the textual, visual or aural content that is encountered as part of your experience on Our Website. It may include, among other things: text, images, sounds, videos and animations. It includes content such as advertising material, and all other product or service related material Posted by you.

"Post"

means place on or into Our Website any Content or material of any sort by any means.

"Provider"

means you, a person or organisation who has placed details on Our Website of a Provider Service offered for sale or free of charge, through Our Website.

"Provider Service" and "Your Service"

mean the service you offer for sale through Our Website.

"Our Service"

means the service we provide to enable you to sell Provider Services here.

"Our Website"

means any website of ours, and includes all web pages controlled by us.


2.            Our contract

2.1          The relationship between us is solely that:

2.1.1       in consideration of a fee charged by us, we provide for you an Internet market place as an arms length contractor;

2.1.2     we act as your agent solely in the collection of money paid by your                customer;

2.1.3     we are not your partners or joint venturers.

2.2          If you place a Provider Service for sale on Our Website, you do so subject                 to these terms.

2.3          We may change this agreement in any way at any time. The version                 applicable to your contract is the version which was Posted on Our                 Website at the time that the contract was made.

2.4          Although we are not a party to your contract with a buyer introduced to                 you via Our Website, we shall remove Your Services from offer if a                 customer or site visitor has a valid complaint against you.

2.5          Subject to this agreement and to the procedures set out in Our Website,                 you may enter a Provider Service for sale through Our Website.


3.            Your Provider Service placement

You agree:

 3.1          not knowingly to place any Provider Service for sale which is not of                  merchantable quality or which requires for its setup or use a level of                  technical expertise which is not fully explained to a customer before                  purchase.

3.2          immediately to remove from sale on Our Website any Provider Service                 which for any reason, you are unable to supply.

3.3          not to re-place any Provider Service we remove from offer for sale.


4.            Complaints about Provider Services

You agree that you will at all times:

4.1          reply promptly and in any event within 48 hours to any customer                 message or other correspondence;

4.2          comply with the law relating to all aspects of the contract between you                 and your customer, relating in particular to your obligations to provide                 full information and accept cancellation and returns. However, you may                 also offer more favourable terms to your customers as per your own                 returns and refunds policy set out on your website or otherwise in your                 terms and conditions;

4.3          when you have an obligation to return money to a customer for any                 reason, you will do so immediately in line with the cancellation and                 refunds policy set out on Our Website;

4.4          comply with the theGIGLAND.com procedures relating to satisfaction of                 an order, as set out on Our Website from time to time;

4.5          Please provide information to us in respect of any claim for non-supply                 and any dispute as to payment, so as to enable us to identify the                 possibility of fraud.


5.            The selling procedure

5.1          theGIGLAND.com is not responsible for the fulfilment of your contract                 to sell a Provider Service.

5.2          You agree that a service contract offered by you is a firm and binding                 contract as soon as your customer's payment has been accepted by our                 payment service provider.

5.3          Provider Services may be offered for sale subject to any discount or                 promotion arranged between theGIGLAND.com and you.

5.4          Subject to discounts and promotions, Provider Services are offered for                 sale at a fixed price. GST may be due and will be either included in the                 price or shown separately. If not shown, it will not be charged.

5.5          Provider Services will be offered for sale and sales made, subject to the                 terms and conditions applicable to buyers. You accept and endorse                 these terms and agree to comply in all respects with the corresponding                 obligations of a Provider. You may view the buyer's conditions on Our                 Website at any time.


6.            Goods and services tax

6.1          Fees and commissions specified in Our Website are exclusive of GST.

6.2          If you are located in the Commonwealth of Australia, we will show and                 retain the amount of GST due on our charge for our services in addition                 to the amount of commission due to us.

6.3          If you are located in the Commonwealth of Australia, and you provide a                 valid GST registration number, we will not charge or deduct GST from                 sums due to you.

6.4          theGIGLAND.com has the right to demand additional information                 about your business so far as it may affect your GST registration, at any                 time, from you or from a governmental authority.


7.            Our commission and payment to you

7.1          We sell Your Service at the price you place on it, subject to these terms                 and the requirements we set out on Our Website from time to time.

7.2          Our fees and commissions are payable on demand. You irrevocably                 authorise us to deduct them from sums paid to us by your buyer.

7.3          Our Website selling system is an automated system which can be                 followed by you through a "control panel".

7.4          The proportion of each sale receipt retained by us is as agreed by us in                 writing.

OR

7.5          The proportion of each sale receipt retained by us is as set out                 elsewhere on Our Website.

7.6          Where our commission is based on a percentage of the sale price, you                 may not artificially inflate the delivery charge and reduce the price of                 the Provider Service in order to reduce our commission. If we believe                 that you do so, we may immediately cease to deal with you.

7.7          We will pay you within 15 days of confirmed despatch of order.

7.8          If you have a bank account located in the Commonwealth of Australia,                 we will transfer money via the internet, in full.

7.9          If you do not have an account in the Commonwealth of Australia, we will                 transfer money in any sum at your request and at your cost. We will pay                 for the transfer if the sum due is over the limit specified from time to                 time on Our Website.

7.10       We will send you an invoice for our charges.

7.11       If we do or could earn interest on any cash balance in our control for the                 period between payment by a customer and our accounting to you, we                 are free to keep that interest and have no obligation to account for it to                 you.

7.12       If an action by a buyer results in a charge back to our account, you agree                 that we may deduct the sum charged back together with any fee paid to                 our service provider and bank, from any sum due to you, at or after that                 time.

7.13       If you or we accept any cancellation and consequently refund money to                 a customer, we are not obliged to repay commission to you.

7.14       If in our discretion we believe that your performance as a Provider                 results in a significant number of charges back and / or buyer disputes                 or if we believe you are in breach of this agreement, we are free to hold                 back payments to you until we are satisfied that disputes have been                 settled and / or breach rectified.


8.            Advertising your Provider Service

If you accept our offer to advertise market or promote your service, the following conditions apply.

8.1          We may use the services of a specialist internet marketing business                 associated with theGIGLAND.com.

8.2           Without prior consent of the other; neither we nor you will contract                  with any other person or company for specialist services. Here your                  obligation is limited to the extent of the price charged and due to us.

8.3          The price charged to you will include all payments we make to others.

8.4          The cost of work ordered by you is payable in full, in advance. If you so                  request us, by indication on Our Website, we will deduct the cost from                  your account.

8.5          We give no guarantee as to the success of any advertising placed.

8.6          We shall receive no secret commission on advertising services. But note                  that the service supplier is associated with us.


9.           Your Provider Service warranties

9.1         You warrant that any Provider Service you place on Our Website for sale:

9.1.1      is not: illegal, obscene, abusive, threatening, defamatory, invasive of                 privacy, infringing of intellectual property rights, or otherwise injurious                 to any third party;

9.1.2      does not offend against the law of any country whose citizens might                 purchase it;

9.1.3      is not intended primarily to advertise any business, except your                 business, so far only as it is carried on through theGIGLAND.com.

9.2         You warrant that you own the copyright of any Provider Service you                place on Our Website for sale, or that you have the permission of the                copyright owner:

9.2.1      to place the Provider Service on Our Website for sale;

9.2.2      to receive the net proceeds of such sales as arise;

9.2.3      to defend the copyright in the Provider Service.


10.       How we handle your Content

10.1       If you Post Content to any public area of Our Website it becomes                 available in the public domain. We have no control who sees it or what                 anyone does with it.

10.2       You now irrevocably authorise us to publish feedback, comments and                 ratings about Your Services and activity through Our Website, even                 though it may be defamatory or critical.

10.3       We will use that licence only for commercial purposes of the business of                 Our Website and will stop using it after a commercially reasonable                 period of time.

10.4       Posting Content of any sort does not change your ownership of the                 copyright in it. We have no claim over it and we will not protect your                 rights for you.

10.5       You understand that you are personally responsible for your breach of                 someone else's intellectual property rights, defamation, or any law,                 which may occur as a result of any Content having been Posted by you.

10.6       You accept all risk and responsibility for determining whether any                 Content is in the public domain and not confidential.

10.7       Please notify us of any security breach or unauthorised use of your                 account.


11.       Restrictions on what you may Post to Our Website

We invite you to Post Content to Our Website for marketing your services and services and in other ways. We have to regulate your use of Our Website to protect our business and our staff, to protect other users of Our Website and to comply with the law.

We do not undertake to moderate or check any item Posted.

You agree that you will not use or allow anyone else to use Our Website to Post Content or undertake any activity which is or may:

11.1       be unlawful, or tend to incite another person to commit a crime;

11.2       be obscene, offensive, threatening, violent, malicious or defamatory;

11.3       be sexually explicit or pornographic;

11.4       be likely to deceive any person or be used to impersonate any person, or                 to misrepresent your identity, age or affiliation with any person;

11.5       use a Posting to solicit responses unconnected with the purpose of Our Website or the terms proposed by this agreement.


12.       Your Posting: restricted Content

In connection with the restrictions set out below, we may refuse or edit or remove a Posting which does not comply with these terms.

In addition to the restrictions set out above, a Posting must not contain:

12.1       hyperlinks, other than those specifically authorised by us;

12.2       keywords or words repeated, which are irrelevant to the Content Posted.

12.3       the name, logo or trademark of any organisation other than yours.

12.4       inaccurate, false, or misleading information;

12.5       material or links to material that exploits people in a sexual, violent or                 other manner, or solicits personal information from anyone under 18                 years old.


13.       Security of Our Website

If you violate Our Website we shall take legal action against you.

You now agree that you will not, and will not allow any other person to:

13.1        modify, copy, or cause damage or unintended effect to any portion of                  Our Website, or any software used within it.

13.2       link to our site in any way that would cause the appearance or                 presentation of the site to be different from what would be seen by a                 user who accessed the site by typing the URL into a standard browser;

13.3       download any part of Our Website, without our express written consent;

13.4       collect or use any service listings, descriptions, or prices;

13.5       collect or use any information obtained from or about Our Website or                 the Content except as intended by this agreement;

13.6       aggregate, copy or duplicate in any manner any of the Content or                 information available from Our Website, other than as permitted by this                 agreement or as is reasonably necessary for your use of Our Services;

13.7       share with a third party any login credentials to Our Website.


14.       Copyright and other intellectual property rights

14.1       All Content on Our Website, for example page text, graphics, logos,                 images, audio clips, digital downloads, data compilations, and software,                 is the property of either us or our affiliates or suppliers of services for                 sale. It is all protected by international copyright laws.

14.2       You may not copy, modify, publish, transmit, transfer or sell, reproduce,                 create derivative works from, distribute, perform, display, or in any way                 exploit any of the Content, in whole or in part, except as is expressly                 permitted in this agreement or with our written consent.

14.3       For the sake of good order you should note that copyright exists in                 compilations and graphic images, shapes and styles, as well as in raw                 text.


15.       Interruption to Our Service

15.1       We give no warranty that Our Service will be satisfactory to you.

15.2       We will do all we can to maintain access to Our Website, but it may be                 necessary for us to suspend all or part of Our Service for repairs,                 maintenance or other good reasons. We may do so without telling you                 first.

15.3       You acknowledge that Our Service may also be interrupted for reasons                 beyond our control.

15.4       You agree that we are not liable to you for any loss whether foreseeable                 or not, arising as a result of interruption to Our Service.


16.       Our disclaimers

16.1       We are not responsible for any business loss (including loss of profits,                 revenue, contracts, anticipated savings, data, goodwill or wasted                 expenditure) or any other indirect or consequential loss whatever.

16.2       Our Website contains links to other Internet websites. We have neither                 power nor control over any such website. You acknowledge and agree                 that we shall not be liable in any way for the content of any such linked                 website, nor for any loss or damage arising from your use of any such                 website.

16.3       We are not liable in any circumstances for damages resulting from loss                 of use, loss of data or loss of revenues or profits, whether in an action of                 contract, negligence or otherwise, arising out of or in connection with                 your use of Our Website.

16.4       theGIGLAND.com website and theGIGLAND.com services are provided                 "as is". As to Our Website and Our Services, we make no representation                 or warranty of any kind, express or implied, including, without                 limitations, warranties:

16.4.1    as to fitness of Our Website and Our Service for a particular purpose;

16.4.2    as to availability and accessibility, without interruption, or without                 error;

16.4.3    any obligation, liability, or remedy in tort whether or not arising from                 our negligence.

16.5       You now expressly release us from any and all claims and liability known                 and unknown, arising in any way from a dispute between you and a                 buyer.


17.       Your indemnity to us

You agree to indemnify us against all loss and expense, including legal fees and management time related in any way to:

17.1       a claim by any person in respect of any Provider Service;

17.2       protecting the reputation of our business by our making a payment to a                 customer of yours in circumstances where you have failed to make that                 repayment or otherwise comply with your contract with that customer.

17.3       any cost to us arising from a decision by us to comply as your agent, with                 any obligation of yours, whether or not we have your permission, arising                 out of any regulation or law, including:

17.3.1    the deletion or amendment of any text or other content you have placed                 on Our Website;

17.3.2    any payment we make on an ex gratia basis, arising from a contract                 between you and a customer;

17.4       legal or other fees we incur in defending a claim or the imposition of a                 fine or penalty;

17.5       our management time in dealing with any failure or alleged failure by                 you to comply with any relevant regulation or law.


18.       Miscellaneous matters

18.1       You undertake to provide us your current land address, e-mail address,                 telephone and fax numbers as often as they are changed together with                 all information that we may require to enable us to fulfil our obligations                 under this contract.

18.2       So far as any time, date or period is mentioned in this agreement, time                 shall be of the essence.

18.3       If any term or provision of this agreement is at any time held by any                 jurisdiction to be void, invalid or unenforceable, then it shall be treated                 as changed or reduced, only to the extent minimally necessary to bring                 it within the laws of that jurisdiction and to prevent it from being void                 and it shall be binding in that changed or reduced form. Subject to that,                 each provision shall be interpreted as severable and shall not in any way                 affect any other of these terms.

18.4       For the purposes of the Privacy Act 1988 as amended you agree to the                 processing of your personal data (in manual, electronic or any other                 form) relevant to this agreement, by us and/or any agent or third party                 nominated by us] [and bound by a duty of confidentiality. Processing                 includes but is not limited to obtaining, recording, using and holding                 data and includes the transfer of data to any country in any part of the                 World.

18.5       If you are in breach of any term of this agreement, we may:

18.5.1    publish all text and Content relating to the claimed breach, including                 your name and email address and all correspondence between us and                 our respective advisers; and you now irrevocably give your consent to                 such publication.

18.5.2    terminate your account and refuse access to Our Website;

18.5.3    remove or edit Content, or cancel any order at our discretion;

18.5.4    issue a claim in any court.

18.6        Any obligation in this agreement intended to continue to have effect                 after termination or completion shall so continue.

18.7       No failure or delay by any party to exercise any right, power or remedy                 will operate as a waiver of it nor indicate any intention to reduce that or                 any other right in the future.

18.8       When you visit Our Website or send messages to us by email, you are                 communicating with us electronically. We communicate with you by                 e-mail or by posting notices on Our Website. You agree that all our                 electronic communications satisfy any legal requirement that such                 communications be in writing.

18.9       Any communication to be served on either of us by the other shall be                delivered by hand or sent by first class post or recorded delivery or by                e-mail.

                 It shall be deemed to have been delivered:

                         if delivered by hand: on the day of delivery;

                         if sent by post to the correct address: within 72 hours of posting;

 

18.10      In the event of a dispute between us, then, if we so ask, you undertake                  to attempt to settle the dispute by engaging in good faith with us in a                  process of mediation before commencing arbitration or litigation.

18.11     This agreement does not give any right to any third party.

18.12     We shall not be liable for any failure or delay in our performance of this                 agreement which is caused by circumstances beyond our reasonable                 control, including any labour dispute.

18.13     In the event of any conflict between any term of this agreement and the                 provisions of the constitution of a limited company or any comparable                 document intended to regulate any other corporate or collective body,                 then the terms of this agreement shall prevail.

18.14     This agreement shall not be governed by the United Nations Convention                 on Contracts for the International Sale of Goods, the application of                 which is hereby expressly excluded.

18.15     The validity, construction and performance of this agreement shall be                 governed by the laws of the State of Queensland.