Terms And Conditions

MACEY VALE TERMS AND CONDITIONS

1. INTRODUCTION

By accessing and using the Macey Vale website at https://maceyvale.com.au, you are accepting and consenting to the practices in these terms of use. Macey Vale reserves the right to change these terms and conditions from time to time at its sole discretion.

2. DEFINITIONS

2.1 “Macey Vale” (“we”, “our” or “us”) means Macey Vale Pty Ltd A.C.N. 617 251 671, its successors and assigns or any person acting on behalf of and with the authority of Macey Vale Pty Ltd A.C.N. 617 251 671;

2.2 “Services” means the Macey Vale website located at maceyvale.com.au (the “Website” including sub-domains, international versions, widgets, and mobile versions) and related services including Macey Vale’s fashion rental services and its content (the “Content”);

2.3 “User” (“you” or “your”) means the User or any person acting on behalf of and with the authority of the User who is accessing the Website or Services;

2.4 “Apparel” means all Apparel (including any fashion accessories) supplied on hire by Macey Vale to the User (and where the context so permits shall include any incidental supply of services).;

2.5 “Third Parties’ Sites” means websites operated by third parties and available through or linked to the Website;

2.6 “Owner” means the registered member Listing their Apparel on the Website;

2.7 “Listing” means the advertisement of Apparel for hire on the Website;

2.8 “IP Content” means all content covered by intellectual property rights, including but not limited to, photos and videos.

3. RENTING FROM MACEY VALE

3.1 You do not need to register to use the Website or access the Services.

3.2 You will need to contact the Owner independently through their contact details available on their listing in order to rent the Apparel.

3.3 Macey Vale assumes no responsibility or involvement in the renting of the Apparel or related transactions.

4. LISTING ON MACEY VALE

4.1 In order to become an Owner listed on Macey Vale, you must register as a member. The registration process will require you to provide your name, contact details, email address and other personal details.

4.2 In registering and providing your details, you represent and warrant to Macey Vale that:

(a) You are at least 18 years old and have the power and authority to enter into a binding contract with any renters;

(b) The information provided by you is true, accurate, current, and complete; and

(c) You will maintain and promptly update this information to keep it true, accurate, current and complete.

(d) You will keep your password secure and are fully responsible for all loss and damage resulting from your failure to protect your password.

(e) You will immediately notify Macey Vale of any unauthorised use of your password or any breach of security.

(f) Macey Vale is not liable for any loss or damage arising from your failure to keep your password secure.

(g) You will not provide your username and/or password information to any other person other than Macey Vale without Macey Vale’s express written permission.

4.3 After you register to become an Owner, you must submit a Listing to Macey Vale in order to advertise your Apparel for rental.

4.4 You may cancel your Listing at any time. Listings that are cancelled will forfeit the fee for the remainder of the month it is cancelled.

4.5 Macey Vale does not offer refunds for Listing fees under any circumstances.

4.6 Macey Vale reserves the right to terminate your membership and/or Listing at any time and for any reason.

5. PRIVACY POLICY

5.1 You grant us a non-exclusive, transferable, sub-licensable, royalty-free, worldwide right to use any IP content that you post on or in connection with Macey Vale or the Website. This right includes sharing your IP content on our social media pages and all other platforms associated with Macey Vale.

5.2 This right ceases with the removal of your IP content or your account by you. Removed IP content may persist in backup copies for a reasonable period of time (but will not be available to others).

5.3 When you publish content or information on Macey Vale, it means you are allowing everyone, including non-members of Macey Vale, to access and use that information and to associate it with you (i.e., your name, profile picture, contact information and goods).

5.4 Macey Vale may use any feedback or suggestions given by you without any obligation to compensate you for them.

6. SAFETY

We do our best to keep Macey Vale safe, but we cannot guarantee total safety. In accessing this Website and/or registering as a member, you represent and warrant to Macey Vale that:

6.1 You will not post unauthorized commercial communications (such as spam) on Macey Vale;

6.2 You will not collect other User’s content or information, or otherwise access Macey Vale, using automated means (including but not limited to harvesting bots, robots, spiders, or scrapers) without our prior permission.

6.3 You will not engage in unlawful multi-level marketing, such as a pyramid scheme, on Macey Vale.

6.4 You will not upload viruses or other malicious code.

6.5 You will not solicit login information or access an account belonging to someone else.

6.6 You will not bully, intimidate, or harass any User.

6.7 You will not post any content that contains hate speech, pornography, nudity, graphic or gratuitous violence, is threatening or incites violence.

6.8 You will not develop or operate a third-party application containing alcohol-related, dating or other mature content (including advertisements) without appropriate age-based restrictions.

6.9 You will not use Macey Vale to do anything that is unlawful, misleading, malicious, or discriminatory.

6.10 You will not do anything that could disable, overburden, or impair the proper working or appearance of Macey Vale, such as a denial of service attack or interference with page rendering or other Macey Vale functionality.

6.11 You will comply with all applicable laws when using or accessing Macey Vale.

6.12 You will not facilitate or encourage any violations of these Terms.

7. REGISTRATION AND ACCOUNT SECURITY

7.1 You will not provide any false personal information to Macey Vale or use on the Website, or create an account for anyone other than yourself without permission.

7.2 You will not create more than one personal account.

7.3 If Macey Vale disables your account, you will not create another one without our permission.

7.4 You will not use Macey Vale if you are a convicted sex offender.

7.5 You will keep your contact information accurate and up-to-date.

7.6 You will not share your password, allow access to your account by a third party, or do anything else that may jeopardize the security of your account.

7.7 You will not transfer your account to a third party without our express written permission.

7.8 If you select a username or similar identifier for your account, Macey Vale reserves the right to remove or reclaim it if we believe it is appropriate.

8. PROTECTING THIRD PARTY RIGHTS

8.1 You will not post content or take any action on Macey Vale that infringes or violates someone else’s rights or otherwise violates the law.

8.2 We can remove any content or information you post on Macey Vale if we believe that it breaches these Terms.

8.3 You have the right to appeal if Macey Vale removes your content for infringing someone else’s copyright.

8.4 If you repeatedly infringe third party intellectual property rights, we will disable your account at our discretion.

8.5 You will not use our copyrights or Trademarks or any confusingly similar marks, except as expressly permitted with our prior written permission.

8.6 Any information collected from Users, you will: obtain their consent, make it clear you (and not Macey Vale) are the one collecting their information, and post a privacy policy explaining what information you collect and how you will use it.

8.7 You will not disclose anyone’s identification documents or sensitive financial information to any other party.

8.8 All personal and private information of third parties must be kept confidential and only used for the purposes of the transaction to hire the Apparel.

9. PAYMENTS

All terms and conditions regarding payments can be found under Macey Vale’s Payment Policy.

10. ADVERTISEMENTS AND OTHER COMMERCIAL CONTENT SERVED OR ENHANCED BY MACEY VALE

10.1 You give us permission to use your name, profile picture, content, and information in connection with commercial, sponsored, or related content (such as a brand you like) served or enhanced by us without any compensation to you.

10.2 Macey Vale does not disclose your content or information to advertisers without your consent.

10.3 You agree that we may not always identify paid services and communications as such.

11. AMENDMENTS

11.1 Macey Vale reserves the right to amend these Terms from time to time. Amendments will be effective immediately upon their being posted on this Website. Although Macey Vale will endeavour to notify members of changes to these Terms prior to the changes occurring, it is your responsibility to regularly check this page for any changes.

11.2 Your continued use of the Services and Website constitutes your acceptance of our amended terms, policies or guidelines.

12. TERMINATION

Without limitation to other provisions in these Terms, Macey Vale may in its absolute discretion suspend or terminate your access to the Website or your membership with Macey Vale.

13. INDEMNITY

By accessing our Website, you agree to indemnify Macey Vale from all claims, actions, damages, costs and expenses including legal fees arising from or in connection with your use of our Website.

14. LIABILITY

14.1 You will indemnify us from and against all damages, losses, and expenses of any kind (including legal fees and costs) arising from any claim brought against Macey related to your actions, content or information on Macey Vale.

14.2 Macey Vale is not liable and accepts no responsibility for any User’s actions on Macey Vale, whether online or offline, and is not liable for the content or information Users transmit or share on Macey Vale.

14.3 To the full extent permitted by law, all express and implied terms and conditions and warranties (other than the ones set out in these Terms) are excluded.

14.4 Macey Vale is not liable in respect of any indirect, punitive, special, incidental or consequential damage in connection with or arising out of a breach of these Terms (including for loss of profits, use, data, or other economic advantage) that may be suffered or incurred in respect of a failure or omission on the part of Macey Vale to comply with its obligations under these Terms.

14.5 Macey Vale is not responsible for the actions, content, information, or data of third parties, and you release us, our directors, officers, employees, and agents from any claims and damages, known and unknown, arising out of or in any way connected with any claim you have against any such third parties.

14.6 Macey Vale is not liable for any consequential loss however caused, suffered or incurred by the Renter in connection with this agreement.

14.7 Macey Vale is not liable for any disputes whatsoever arising in connection with these Terms. All payments of moneys between Users, charges, listing and hiring of Apparel, security of the Apparel, actions of both parties and all other transactions are at the sole risk of both parties.

14.8 Nothing in these Terms are intended to limit, modify, exclude or restrict the User’s rights under the Competition and Consumer Act 2010 (Cth) or any corresponding state legislation.

15. DISPUTES

15.1 If you have a concern please contact support@maceyvale.com.au to lodge a complaint in writing. We commit to responding to you within two business days (Brisbane time).

15.2 Macey Vale will respond in writing to you in an attempt to address and rectify any concerns.

15.3 Macey Vale is not liable for any disputes whatsoever arising in connection with these Terms.

16. USERS OUTSIDE OF AUSTRALIA

Users and non-users who interact with Macey Vale outside Australia consent to having your personal data transferred to and processed in Australia.

17. CLASS ACTION WAIVER

By accessing our Website, you agree to waive all rights to any class action against Macey Vale.

18. JURISDICTION

18.1 These Terms are to be governed by and construed in accordance with the laws of Queensland and any claim made by either party against the other which in any way arises out of these Terms and Conditions will be heard in Queensland and you agree to submit to the jurisdiction of those Courts.

18.2 If any provision in these Terms and Conditions is invalid under any law the provision will be limited, narrowed, construed or altered as necessary to render it valid but only to the extent necessary to achieve such validity.

19. OTHER

19.1 All monetary amounts quoted on the Website are in Australian dollars (AUD).

19.2 If any portion of these Terms are found to be unenforceable, the remaining portion will remain in full force and effect.

19.3 If Macey Vale fails to enforce any of these Terms, it will not be considered a waiver.

19.4 Any amendment to or waiver of these Terms must be made in writing and signed by us.

19.5 You will not transfer any of your rights or obligations under these Terms to anyone else without our written consent.

19.6 All of Macey Vale’s rights and obligations under these Terms are freely assignable by us in connection with a merger, acquisition, or sale of assets, or by operation of law or otherwise.

19.7 Nothing in these Terms shall prevent us from complying with the law.

19.8 These Terms do not confer any third party beneficiary rights.

19.9 Macey Vale reserve all rights not expressly granted to you.

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