Its Our Store :: Terms & Conditions - Provider

Terms & Conditions - Provider

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Terms and Conditions - Providers
 
The following describes the terms on which Its Our Store offers you access to our services.

Welcome to It’s Our Store User Agreement. This Agreement describes the terms and conditions that govern your use of our services at http://www.itsourstore.com.au/. Before you may become a provider of our Site you must read, agree with and accept all of the terms and conditions contained in this Agreement and Its Our Store's policies, including its Privacy Policy (the "Policies"). These Policies change from time to time, and you agree that they form part of this Agreement. Policies of particular importance are the policies relating to: Privacy; Fees and Credits; Seller Non Performance; Fee Circumvention; Excessive Postage; and Prohibited, and Restricted Items. All of our Policies may be accessed at http://www.itsourstore.com.au/shop/help.php . Each time you use our services you confirm your agreement to be bound by and acknowledge any changes to the Agreement (including the Policies). You also undertake to familiarize yourself with and comply with the Policies relevant to your use of our Site and the services provided under this Agreement (as may be amended from time to time). As you read this Agreement, you should also access and read the information contained in the other pages and websites referred to in this Agreement. Please note: underlined words and phrases are click-through links to these pages and websites.

By accepting this Agreement (including the Policies) you agree to be bound by it and also the User Agreements and posted terms and conditions on other websites operated by Its Our Store and its related and affiliated companies, to the extent that you use those websites.

We may amend the terms and conditions of this Agreement from time to time. Amended terms will be posted on our Site. The fact that amendments have been made to this Agreement will also be notified on our Terms and Conditions Effective Date Page.  Except as stated in this Agreement, in a Policy, or as otherwise notified to you, all amended terms will automatically be effective 30 days after they are initially notified on our Site.  If you do not agree with such changes to this Agreement (or any of our Policies), you must terminate your provider agreement of Its Our Store.   If, after any such changes to this Agreement or any of our Policies you continue to be a provider of our Site, you will be considered by us to have accepted the varied terms as part of the Agreement.

Except as specifically described in or authorized by this Agreement, the terms of this Agreement and any of our Policies cannot be amended except in writing signed by you and Its Our Store. This Agreement is effective from 1st May 2009.

In this Agreement where the context permits a reference to "you" includes anyone acting on your behalf or with your express or implied authority. A reference to this Agreement includes the Policies, unless stated otherwise.

1.      Provider agreement Eligibility.

Its Our Store offers its services to its providers. Provider agreement is a privilege, not an entitlement, and Its Our Store may change its services and suspend, terminate or restrict your provider agreement at any time if it believes that this is reasonably justified within the terms of this Agreement or any of its Policies. In the event that Its Our Store changes its services, suspends, terminates or restricts your provider agreement in the circumstances outlined above or in this Agreement, you may not be able to access our services temporarily or permanently and you are prohibited from applying for a new account.

Our services are only available to, and may only be used by, registered businesses within Australia with a valid ABN (Australian Business Number) which can form legally binding contracts under applicable law. Without limiting the foregoing, our services are not available to any persons. If you do not qualify, you must not use our services.

Your provider agreement is not transferable. Your Its Our Store account (including feedback and associated provider UserID) may not be dealt with in any way. In particular, you must not allow others to use them and must not transfer or sell them to another party. While you are a provider you must maintain control of your account. You are responsible for what occurs on that account and must report any unauthorized use of your account or UserID to us.

2.      Fees and Services.

Joining (Its Our Store account) and listing on our Site is free.  Selling items on our Site incurs fees which are set out in our Appointment of a Commission Agent Letter which are agreed in writing with you.

3.      Its Our Store is not an Auctioneer.

2.1 Online Auctions. Although Its Our Store may run online auction web site, it is important to realize that we are not a traditional "auctioneer". Instead, our Site merely acts as an online venue to allow providers to communicate and offer, and sell just about anything, at anytime, from anywhere, in a variety of formats, including a fixed price format and an auction-style format commonly referred to as an "online auction". YOU ACKNOWLEDGE AND AGREE THAT ITS OUR STORE IS NOT INVOLVED IN THE ACTUAL TRANSACTION BETWEEN BUYERS AND PROVIDERS (SELLERS). AS A RESULT, ITS OUR STORE   HAS NO CONTROL OVER THE QUALITY, SAFETY OR LEGALITY OF ITEMS OR CONTENT POSTED BY PROVIDERS ON OUR SITE, THE TRUTH OR ACCURACY OF LISTINGS, THE ABILITY OF SELLERS TO SELL ITEMS OR THE ABILITY OF BUYERS TO BUY ITEMS. WE CANNOT ENSURE AND DO NOT GUARANTEE THAT A PROVIDER OR BROWSER OF OUR SITE WILL ACTUALLY COMPLETE A TRANSACTION OR ACT LAWFULLY IN USING OUR SITE.

When you enter into a transaction you create a legally binding contract with a buyer. You are responsible for ensuring that you comply with your obligations to that buyer. If you do not, you may become liable to him or her. You must ensure that you are aware of any laws relevant to you as a seller, or in any other uses you make of our Site. If another provider breaches any obligation to you, you - not Its Our Store   - are responsible for enforcing any rights that you may have.

Except as specifically advised otherwise on our Site, Its Our Store   does not offer any form of insurance or other buyer or seller protection which will assist you, because our Site merely provides the online venue for providers to offer and sell, we are not otherwise involved in the transactions and interactions between buyers and sellers. However, some forms of payment permitted on the Site, such as PayPal or credit card, may offer limited buyer or seller protection or chargeback services and you should familiarise yourself with these before proceeding with a transaction of any kind through the Site.

2.2 Safe Trading . Because user identification on the Internet is difficult, Its Our Store cannot and does not confirm each buyer's purported identity.

2.3 Release.

Its Our Store is not involved in the actual transaction between buyers and sellers, other than collect and distribution of monies and to the extent permitted by law Its Our Store specifically disclaims all liability for any loss or damage, (actual, special, direct, indirect and consequential) of every kind and nature, known and unknown, suspected and unsuspected, disclosed and undisclosed, arising out of or in any way connected with your transaction.

Its Our Store is not involved with or a party to any transactions that take place between parties. Its Our Store   does not accept any liability in respect of your involvement in any mediation, arbitration, tribunal hearing, court proceeding or other proceedings (of whatever nature) with a buyer or a seller (as the case may be) in any way arising out of or in any way connected with your transaction. Its Our Store may plead this Agreement in bar to any claim, action, proceeding or suit brought by you, against Its Our Store for any matter arising out of any Its Our Store   transaction or otherwise in respect of this Agreement.

This clause 2.3 does not affect any rights you may lawfully have against Its Our Store itself for its own acts or omissions.

2.4 Information Control.

We send you communications and notices regarding your transactions and your account on our Site. They do not represent any endorsement, guarantee or legitimization of your transactions. You are responsible for completing all transactions you participate in (including monitoring their status and complying with all relevant legal obligations). Other providers sometimes provide us with information about a transaction. We do not control, endorse or approve this information by making it available to you. You may find information posted by other providers to be offensive, harmful, inaccurate, or deceptive. Vendors require the use of caution and common sense, and practice safe trading when using our Site. Please note that there are risks in using our Site, including dealing with under age persons or people acting under false pretense. Additionally, there may be risks with international trading and dealing with foreign nationals.

4.      Buying.

By purchasing an item you agree with the seller to be bound by the conditions of sale included in the item's description, subject to any exceptions set out here, such as where the conditions of sale are in breach of this Agreement or unlawful. If you purchase an item you are obliged to complete the transaction with the seller, unless prohibited by law, by this Agreement or by our Policies.

Listing and Selling.

5.1 Listing Description .

You must be legally able to sell any item you list for sale on our Site. You must describe your item fully and accurately and include all terms of sale on the listing page of our Site. Your listings may only include text descriptions, graphics, pictures and other content relevant to the sale of that item, including any information that you are required to provide by any applicable law. The listing and the content of the listing must be your own work or work that you are legally entitled to use. All listed items must be listed in an appropriate category

5.2 Fraud .

Without limiting any other remedies available to Its Our Store at law, in equity or under this Agreement, Its Our Store   may, in its sole discretion, suspend or terminate your provider agreement if we reasonably suspect or believe, or are informed by a government authority, that you (by conviction, settlement, insurance or escrow investigation, or otherwise in our sole discretion) have engaged or may engage in fraudulent activity using, or otherwise in connection with your use of our Site, and you will have no claim whatsoever against Its Our Store   in respect of any such suspension or termination of your provider agreement.

5.3 Infringement of Rights

You must not, by any means, infringe the rights (including intellectual property rights) of others. Examples of prohibited conduct include listing or selling ‘knock offs' and counterfeit items regardless of how you describe them.

6.      Your Information.

6.1 Definition.

"Your Information" means any item you list as well as any information you give to us or other providers in the registration, purchasing or listing process, in any public message area (including any discussion boards and in feedback) or through any email feature. Your Information also includes the descriptions of items you list for sale or display on our Site, as well as any content you post on other web pages within our Site (including photographs or other images).

6.2 Restrictions.

You are solely responsible for Your Information. We act as a passive conduit for your online distribution and publication of Your Information.

Your Information must not, in any way whatsoever, be potentially or actually harmful to Its Our Store or any third party, where "harm" includes, but is not limited to non-economic loss that will or may be suffered by Its Our Store. The Policies contain detailed statements of prohibited conduct relating to Your Information. Without limiting any provision of this Agreement, Your Information must be up to date and kept up to date and must not:

a.      be false, inaccurate or misleading or deceptive;

b.      be fraudulent or involve the sale of counterfeit or stolen items;

c.      infringe any third party's copyright, patent, trademark, trade secret or other proprietary rights or intellectual property rights, rights of publicity, confidentiality or privacy;

d.      violate any applicable law, statute, ordinance or regulation (including, but not limited to, those governing export and import control, consumer protection, unfair competition, criminal law, antidiscrimination and trade practices/fair trading laws);

e.      be defamatory, libelous, threatening or harassing;

f.       be obscene or contain any material that, in Its Our Store 's sole and absolute discretion, is in any way inappropriate or unlawful, including, but not limited to obscene, inappropriate or unlawful images and, if otherwise adult in nature, shall be distributed only to people legally permitted to receive such content (further information is located at our Mature Audience Material);

g.      contain any content that is prohibited or that, in Its Our Store 's sole and absolute discretion, may be prohibited content for the purposes of the Broadcasting Services Act 1992 (Cth) (for more information about this legislation, please refer to the Internet Industry Association's Codes of Practice located at http://www.iia.net.au);

h.      contain any malicious code, data or set of instructions that intentionally or unintentionally causes harm or subverts the intended function of any Its Our Store   website, including, but not limited to viruses, Trojan horses, worms, time bombs, cancelbots, easter eggs or other computer programming routines that may damage, modify, delete, detrimentally interfere with, surreptitiously intercept, access without authority or expropriate any system, data or personal information;

i.        create liability for us or cause us to lose (in whole or in part) the services of our ISPs or other suppliers; or

j.        link directly or indirectly to or include descriptions of goods or services that:

                                                    i.      are prohibited under this Agreement;

                                                   ii.      are concurrently listed for sale on a web site other than Its Our Store 's (this does not prevent linking to or advertising an Its Our Store   item from another web site); or

                                                 iii.      you do not have a right to link to or include.

Furthermore, you may not list any item on our Site (or complete any transaction that was initiated using our service), if the payment to us of the listing fee or the final value fee, would be likely to cause us to violate any applicable law, statute, ordinance or regulation, or if the item violates our current Prohibited, Questionable and Infringing Items list current at the relevant time (located at Mature Audience).

6.3 License.

Solely to enable Its Our Store   to use the information you supply us with, so that we are not violating any rights you might have in that information (including any intellectual property rights), you agree to grant us a non-exclusive, worldwide, perpetual, irrevocable, royalty-free, sub-licensable (through multiple tiers) right to do and authorize the doing of all acts comprised in the copyright and to exercise the publicity, and database rights (but no other rights) you have in Your Information, in any media now known or not currently known, with respect to Your Information. Its Our Store   will only use Your Information in accordance with our Privacy Policy (located at http://www.itsourstore.com.au/privacy-policy.html). We need this to use and display your content.

7.      Access and Interference .

Our Site contains robot exclusion headers and you agree that you will not use any robot, spider, other automatic device, or manual process to monitor or copy our web pages or the content contained herein without our prior written permission. You agree that you will not use any device, software or routine to bypass our robot exclusion headers, or to interfere or attempt to interfere with the proper working of our Site or any transaction being conducted through our Site. You agree that you will not take any action that imposes an unreasonable or disproportionately large load on our infrastructure. Much of the information on our Site is updated on a real time basis and is proprietary or is licensed to Its Our Store   by our providers or third parties. You agree that you will not copy, reproduce, alter, modify, create derivative works, or publicly display any content (except for Your Information) from our Site without the prior written permission of Its Our Store   or of the party authorised to grant such permission.

8.      Feedback.

Feedback belongs to Its Our Store although we permit you to use it on our Site while you remain a provider. You may not use it or deal with it in any way inconsistent with our Policies, without our prior written permission.

You may not do (or omit to do) anything that may undermine the integrity of the feedback system. We are entitled to suspend or terminate your provider agreement at any time if we, in our sole and absolute discretion, are concerned by any feedback about you, or your feedback rating is considered to be problematic to Its Our Store.

8.1 Export.

You acknowledge that your feedback consists of comments left by other providers and a composite feedback number compiled by Its Our Store , and that the composite number without the comments does not convey your full user profile. Because feedback ratings belong to Its Our Store   and are not designed for any purpose other than facilitating trading between Its Our Store   providers, you may not use your Its Our Store   feedback (including, but not limited to, marketing or exporting your rating or feedback comments) in any real or virtual venue other than a website operated by Its Our Store   or its related and affiliated companies

8.2 Import.

We do not provide the technical ability to allow you to import feedback from other websites to Its Our Store   because a composite number, without the corresponding feedback does not reflect your true online reputation within our community.

9.      Breach.

WITHOUT LIMITING OTHER REMEDIES AVAILABLE TO ITS OUR STORE   AT LAW, IN EQUITY OR UNDER THIS AGREEMENT, WE MAY, WITHOUT NOTICE TO YOU AND IN OUR SOLE DISCRETION (WHICH SHALL BE EXERCISED REASONABLY, HAVING REGARD TO THE CIRCUMSTANCES), DELAY LISTING YOUR ITEM, ISSUE YOU A WARNING, RESTRICT YOUR ACTIVITIES THROUGH OUR SITE (INCLUDING BUT NOT LIMITED TO BUYING, SELLING AND CHATBOARD POSTING ACTIVITIES), TEMPORARILY SUSPEND, INDEFINITELY SUSPEND OR TERMINATE YOUR PROVIDER AGREEMENT AND REFUSE TO PROVIDE OUR SERVICES TO YOU IF:

a.      you have, or we believe that you have, breached this Agreement, which includes any of our Policies in any way (including those Policies referred to in Clause 18 below);

b.      we are unable to verify or authenticate any information you provide to us;

c.      we believe that your actions may cause loss or damage to or otherwise unlawfully harm you, our providers, third parties or us, our related bodies corporate or affiliates, our directors, employees or agents; or

d.      if we reasonably believe that any of Your Information (which includes an item listed on the Site) is inappropriate or of an offensive nature.

For security, confidentiality and privacy reasons, we are not obligated to provide you or other providers the details of any investigation that we conduct or any action which we take, in relation to your provider agreement or your account other than those that are already provided to you by us.

10.   Privacy .

Its Our Store has a Privacy Policy which applies to all providers and forms part of this Agreement. Our current Privacy Policy is located at http://www.itsourstore.com.au/shop/Privacy-statement.html. You must read and accept our Privacy Policy upon registration in order to use our Site, and you will continue to be bound by its provisions (including any amendments we make to it) while you are a provider of our Site

We may, without notice to you, either before or after disclosure, disclose information about you to government or other authorities, as permitted by the Privacy Policy.

11.   No warranty.

11.1 WE AND OUR SUPPLIERS PROVIDE OUR SITE AND SERVICES ON AN "AS IS" BASIS, AND WITHOUT ANY WARRANTY OR CONDITION, EXPRESS OR IMPLIED. TO THE EXTENT PERMITTED BY LAW, WE AND OUR SUPPLIERS SPECIFICALLY DISCLAIM ANY IMPLIED WARRANTIES OF TITLE, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT UNLESS WE ARE REQUIREED TO PROVIDE SUCH WARRANTIES UNDER APPLICABLE LAW. For example, consumers (as defined by consumer protection laws) may be entitled to the benefit of certain warranties under applicable trade practices or fair trading legislation in Australia. If you are considered a consumer under an Australian consumer protection law that applies to Its Our Store, you will be entitled to the benefit of certain warranties under that legislation. For more information on consumer protection laws, please visit www.accc.gov.au or the website of your state fair trading agency. Furthermore we do not guarantee continuous, uninterrupted or secure access to our services, and operation of our Site may be interfered with by numerous factors outside our control. To the extent that such factors are outside of our control, Its Our Store shall not be liable.

11.2 To the extent that Its Our Store and all affiliates and related entities of Its Our Store are able to limit the remedies available under this Agreement, and subject to Clause 12 of this Agreement, Its Our Store and all affiliates and related entities of Its Our Store expressly limit their liability for breach of a non-excludable condition or warranty implied by virtue of any legislation to the following remedies (the choice of which is to be at Its Our Store's sole discretion):

a. in the case of goods, any one or more of the following:

a.      the replacement of the goods or the supply of equivalent goods;

b.      the repair of the goods;

c.      the payment of the cost of replacing the goods or of acquiring equivalent goods; or

d.      the payment of the cost of having the goods repaired; and

b. in the case of services:

e.      the supply of the services again; or

f.       the payment of the cost of having the services supplied again.

However, if you are considered a consumer under an Australian consumer protection law that applies to Its Our Store, and you use our services for personal, domestic or household use, this clause 11.2 will not apply to you. For more information on consumer protection laws, please visit www.accc.gov.au or the website of your state fair trading agency, or consult with a legal practitioner.

11.3 If you are a New Zealand resident and the New Zealand Consumer Guarantees Act 1993 would otherwise apply to you, you agree that the provisions of the Consumer Guarantees Act 1993 will not apply to the supply of our services or to this Agreement.

12.   Liability limit.

12.1 TO THE EXTENT PERMITTED BY LAW IN NO EVENT SHALL WE, OUR AFFILIATES AND RELATED ENTITIES OR OUR SUPPLIERS BE LIABLE FOR LOST PROFITS OR ANY SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES ARISING OUT OF OR IN CONNECTION WITH OUR SITE, OUR SERVICES OR THIS AGREEMENT (HOWEVER ARISING, INCLUDING NEGLIGENCE). YOU AGREE TO ACCEPT SOLE RESPONSIBILITY FOR THE LEGALITY OF YOUR ACTIONS UNDER THE LAWS WHICH APPLY TO YOU. YOU AGREE THAT ITS OUR STORE   AND ALL AFFILIATES AND RELATED ENTITIES OF ITS OUR STORE   HAVE NO RESPONSIBILITY FOR THE LEGALITY OF OUR PROVIDERS' ACTIONS.

TO THE EXTENT PERMITTED BY LAW, AND SUBJECT TO ANY CONTRARY REQUIREMENTS ARISING UNDER ANY APPLICABLE LAW, OUR LIABILITY, AND THE LIABILITY OF OUR RELATED BODIES CORPORATE, AFFILIATES OR SUPPLIERS, TO YOU OR ANY THIRD PARTIES IN ANY CIRCUMSTANCE IS LIMITED TO THE GREATER OF:

o        THE AMOUNT OF FEES YOU PAY TO US IN THE 12 MONTHS PRIOR TO THE ACTION GIVING RISE TO LIABILITY; OR

o        AUD$100.

12.2 Notwithstanding the above provisions, nothing in this Agreement is intended to limit or exclude any liability on the part of Its Our Store   and its affiliates and related entities where and to the extent that applicable law prohibits such exclusion or limitation including those within the Trade Practices Act 1974 (Cth) and relevant state fair trading legislation. For example, if Its Our Store is found (by judgment of a court of competent jurisdiction) to have breached a warranty or condition implied by law, and you are considered a consumer for the purpose of that law, then the limitation of liability in clause 12.1 will not apply to you. For more information on consumer protection laws please visit www.accc.gov.au or the website of your state fair trading agency, or consult with a legal practitioner.

13.   Indemnity

You agree to indemnify and hold us and (as applicable) our related entities, affiliates, and our and their respective officers, directors, agents, and employees, harmless from and against any and all claims, demands, proceedings, losses and damages (actual, special and consequential) of every kind and nature, known and unknown, including reasonable legal fees, made by any third party due to or arising out of your breach of this Agreement or your violation of any law or the rights of a third party.

14.   Legal Compliance.

In addition to this Agreement, you must familiarise yourself with, and comply with the Policies, domestic laws (including common law) international laws, statutes, ordinances and regulations regarding your use of our services including listing, purchase, solicitation of offers to purchase, and sale of items. In particular, you must ensure that your activities, items you list (which is part of Your Information), and the balance of Your Information do not violate the Broadcasting Services Act 1992 (Cth), the Trade Practices Act 1974 (Cth) and other relevant state-based fair trading legislation. For more information about this legislation and other legislation which may apply to you, you may wish to refer to http://www.austlii.edu.au.

Notwithstanding successful conclusion of a transaction you must ensure strict compliance with any particular formalities which, if not complied with, will either render a transaction void or unlawful (eg. the sale of interests in real property ordinarily requires a written document to be created).

YOU ALONE, AND NOT ITS OUR STORE, ARE RESPONSIBLE FOR ENSURING THAT YOUR LISTING, PURCHASING AND SELLING AND ANY OTHER ACTIVITIES CONDUCTED ON OUR SITE ARE LAWFUL. YOU MUST ENSURE THAT YOU COMPLY WITH ALL APPLICABLE LAWS IN AUSTRALIA AND OTHER COUNTRIES. YOU MUST ALSO ENSURE THAT YOU STRICTLY COMPLY WITH THIS AGREEMENT AND THE POLICIES WHICH FORM PART OF THE AGREEMENT.

15.   No agency.

No agency, partnership, joint venture, employee-employer, franchisor-franchisee or other similar relationship is intended to be or is created by this Agreement. In particular you have no authority to bind Its Our Store, its related entities or affiliates in any way whatsoever.

16.   Notices.

Except as stated otherwise, any notices must be given by registered ordinary post (or if posted to or from a place outside Australia, by registered airmail) to Its Our Store, PO Box 135, LARA VIC 3212 Australia, Attention: E Clarke, (in the case of Its Our Store ) or to the email address you provide to Its Our Store during the registration process (in your case). Alternatively, we may give you notice by certified airmail, postage prepaid and return receipt requested, to the address provided to Its Our Store during the registration process, or as updated by you as relevant. Any notice shall be deemed given (a) if sent by email, 24 hours after email is sent, unless the sending party is notified that the email address is invalid, (b) if sent by pre-paid post, three Business Days after the date of posting, and on the seventh Business Day if sent to or posted from outside Australia.    For the purposes of this section, "Business Day" means a day on which banks are open for general business in Melbourne , Victoria, other than a Saturday, Sunday or public holiday.

17.   Mediation and Dispute Resolution.

We encourage you to try and resolve disputes with other buyers directly with them, to use a certified mediation (such as online dispute resolution processes) or an arbitration entity or to report disputes to your local police or law enforcement agency as appropriate. More information on our Dispute Resolution Policy is located at http://www.itsourstore.com.au/ problemsdisputeresolution.html.

Any controversy or claim arising out of, or in connection with, this Agreement between Its Our Store and you may be settled by independent, confidential mediation by reference to a commercial disputes centre, at either party's election. You and Its Our Store agree to be bound by the outcome of such mediation. Each party will bear its own costs (and split equally any joint costs) of mediating the dispute

18.   Important terms .

All Policies (as may be amended from time-to-time) are incorporated into this Agreement by reference. You must read and agree to these documents prior to becoming, and as a condition of remaining, a provider of Its Our Store, and you agree to be bound by them. We particularly draw your attention to the Policies listed in the introductory section of this Agreement and those listed below:

18.1 Our Privacy Policy

18.2 Our Outage Policy

18.3 Our Board Usage Policy

18.4 Our Listing Policy is located at

18.5 Our Seller Non-Performance Policy

18.6 Our Fee Circumvention Policy

18.7 Our Excessive Postage and Handling Policy

18.8 Our Accepted Payments Policy is located at

19.   General

The Site and its associated services set out in this Agreement are offered by Its Our Store PO Box 135 LARA.   This Agreement will be governed in all respects by the laws of the State of Victoria, Australia. You and Its Our Store irrevocably submit to the non-exclusive jurisdiction of the courts of Victoria, Australia. The provisions of this Agreement are severable, and if any provision of this Agreement is held to be invalid or unenforceable, such provision may be removed and the remaining provisions will be enforced. This Agreement may be assigned by Its Our Store to a third party without your consent in the event of a sale or other transfer of some or all of the assets of Its Our Store. In the event of any sale or transfer you will remain bound by the Agreement. Headings are for reference purposes only and in no way define, limit, construe or describe the scope or extent of such section. Our failure to act with respect to an anticipated or actual breach by you or others does not waive our right to act with respect to subsequent or similar breaches. This Agreement may not be construed adversely against us solely because we prepared it. This Agreement sets out the entire understanding and agreement between us with respect to its subject matter. Sections 2 (Fees and Services), 3.3 (Release), 6 (Your Information), 7 (Access and Interference), 12 (Liability Limit), 13 (Indemnity) and 17 (Mediation and Dispute Resolution) will survive any termination or expiration of this Agreement.

20.   Further Notice .

Commercially available parental control protections (such as computer hardware, software, or filtering services) may help you to limit access to material that is harmful to persons under the age of 18 years. If you are interested in learning more about these protections, information is available at http://www.netalert.org.au. This link is provided for information purposes only, and is not intended as an endorsement. Its Our Store is not affiliated with this web site or its operators.

Disputes between you and Its Our Store regarding our services, complaints or suggestions should be reported to Its Our Store Customer Support located at http://www.itsourstore.com.au/contact_us.htm