Vendors agree to the following terms and conditions in using the Cream.com.au platform.
it is essential all Cream.com.au vendors respect the intellectual property rights of brands, including copyright and trademarks. You must only upload products, images and content you have created yourself and have permission to use and authorise others to use. You need to be aware that creating a vendor store on Cream.com.au in this way attracts legal responsibilities. It is up to you to make sure you are not breaking any laws by publishing your work through Cream.com.au.
It is important you read the agreement below. Using this website means you accept this agreement.
Our services are available only to, and may only be used by, individuals who can form legally binding contracts under applicable law. Our services are not available to persons under 14 years of age.
Cream.com.au does not represent that any information (including any file) obtained from or through this website is free from computer viruses or other faults or defects. It is your responsibility to scan any such information for computer viruses.
Cream.com.au is not liable to you for any loss or damage in relation to any such virus, fault or defect. You agree that the entire risk arising out of installation, downloading, use or performance of Cream.com.au remains with you.
You also waive any and all claims that you may have against Cream.com.au otherwise arising out of or in relation to your use of our website.
Cellars.com.au is committed to maintaining the privacy and confidentiality of personal information. We will adhere to the National Privacy Principles (NPPs) when collecting, using, disclosing, securing and providing access to personal information.
We endeavour to take all reasonable steps to protect your personal data, but cannot guarantee the security of any data you disclose online. By supplying us with information, you accept the inherent security implications of dealing online over the Internet and will agree not to hold Cream.com.au responsible for any breach of security unless we have been negligent or in wilful default of our duties to you.
Individuals have a right to request access to personal information that we hold about them. If you believe that their personal information we hold about you is not accurate, then you may contact us with the correct information. We follow and uphold the guidelines set out by the Office of the Australian Information Commissioner (OAIC).
Nothing in these Terms & Conditions is to be interpreted as having the effect of excluding, restricting or modifying any condition or warranty, or right or liability implied by any applicable legislation into the arrangement between Cellars.com.au and you, if such exclusion, restriction or modification would be void or prohibited by the legislation.
To the extent that Cellars.com.au breaches any condition or warranty implied into the arrangement between Cream.com.au and you and which cannot be excluded or modified, Cream.com.au’ liability is limited to, at Cream.com.au’ discretion, either: (i) replacement of the goods or supply of equivalent goods; (ii) payment of the cost of replacing the goods or acquiring equivalent goods; and in the case of services, to: (i) supply of the services again; or (ii) payment of the cost of having the services supplied again.
Subject to the foregoing, Cream.com.au is not liable to you (or to any third party claiming through you) for, and you release Cream.com.au from, any loss, liability, damage, expense or cost whatsoever and includes (without limitation) indirect or consequential loss or damage, loss of profits or business opportunity, and damage to equipment or property (“Loss”) caused by any act or omission of Cellars.com.au, its employees or agent, and whether based on negligence or other tort, contract or otherwise.
Cream.com.au may add to, delete, or otherwise change any of the terms herein. Cream.com.au will notify you of any substantial changes to these Terms & Conditions. Your use of the Cream.com.au service after notice will constitute your deemed acceptance of such changes.
Cream.com.au may terminate a vendor store at any time by delivering notice or by sending you a system message advising that your shopping privileges have been removed. Termination of a vendor store shall be effective the day notice is received or such later date as specified in the notice.
Cream.com.au may give notice to you by electronic mail or by regular mail to your address contained in the registration or other information provided by you.
If any provision of these Terms & Conditions is unenforceable or void either in whole or in part for any reason then that provision (or part) is deemed to be deleted without in any way affecting the validity or enforceability of the remainder of this document.
The laws of New South Wales govern these Terms & Conditions.