Terms of Sevice
4. Our intellectual property: The entire contents of this website is protected by copyright and other laws of Australia, and under similar laws and international conventions abroad. You acknowledge and agree that all copyright and other intellectual property rights that may subsist in this website including text, illustrations, photographs, video, music, sounds, layout, designs, source code, belong to us or to our licensors (together, "our intellectual property"). We value our intellectual property and will vigorously enforce those rights to the fullest extent permitted by law .
5. Wholesale directory content: All wholesale directory content and intellectual property entered in by individual suppliers and wholesalers belongs to the individual suppliers themselves. Whilst the formatting and placement of this information may vary across our website from time to time, the information itself is the intellectual property of the individual suppliers themselves and should thus be treated so in accordance with Australian and International copyright laws. The integrity and correctness of any information entered in by individual suppliers should be scrutinised by any users of this site before proceeding with any transaction. We will not be held liable for any losses pertaining to the use of information obtained from supplier-entered information.
6. Supplier accounts: In the case where you are a wholesale supplier or an agent of a supplier wanting to list their company information as well as information pertaining to their products or services, you must first create an account. You agree to complete the account creation process in the manner described on this website. You must ensure that your account details are accurate and complete when submitted to us and you must keep your account details and company information up-to-date.
7. Supplier usernames and passwords: Your username and password are personal to you and you must at all times maintain the confidentiality of your username and password and not disclose them to any third party. You agree that you are solely responsible for any use of this website by any person using your username and password and you agree to indemnify us against any and all claims arising out of your failure to maintain the confidentiality of your username or password. We will not be liable for any loss that you may incur as a result of someone else using your password or account (whether with or without your knowledge). You agree to notify us immediately of any unauthorised use of your account or any other breach of security.
8. Limited permission to use: You may view, download, or print portions of this website (and you may otherwise use the permitted functionality of this website) solely for your own personal, non-commercial use provided that you agree not to change or delete any copyright or proprietary notices from such portions. You must not otherwise print or reproduce any part of this website for any reason except with our prior written consent in each instance. By making this website available to you, we do not give you any other right, title, interest, or licence in or to any of our intellectual property.
- use simultaneous, unattended, or continuous connections to this website or otherwise use this website in a manner that adversely affects the availability of its resources to other users;
- send unsolicited electronic messages or to otherwise harass, threaten, abuse, embarrass, or cause distress, unwanted attention, or harm to any person; transmit any files or material of any kind which contain a virus, corrupted data, or other malicious code (whether via this website or in any email that you send to us);
- gain, or attempt to gain, unauthorised access to any part of this website (including any other user's account), any other computer system, or any email or other private message not intended for you;
- infringe, or attempt to infringe, the intellectual property rights of any person; or
- violate any laws, rules, or regulations applying to or relating to your access to or use of this website.
10. User content: This website may enable you to create, modify, transmit, upload, or submit images and other materials and information (together, "user content"). By creating, modifying, transmitting, uploading, or submitting any user content ("your user content"), you:
- grant us a non-exclusive, royalty-free, fully paid-up, worldwide, perpetual, irrevocable, licence to (i) use, copy, modify, distribute, transmit, broadcast, create derivative works of, publicly display and publicly perform your user content (by all means and in any media now known or hereafter developed); (ii) license, sell, rent, lease, or lend copies of your user content (and derivative works thereof); (iii) sublicense to third parties any or all of the aforementioned rights (including the right to sublicense to further third parties); (iv) use and publish your name and alias in connection with your user content as well as in connection with all advertising, marketing and promotional material that we may publish in relation to your user content; and (v) make your user content available to other users of this website for their personal use (and you permit those users to use, modify, copy, distribute, transmit, display, perform, reproduce, publish, and create derivative works of your user content in accordance with the permitted functionality of this website and otherwise as permitted by us); and
- acknowledge and agree that no royalties or other compensation will be paid or payable to you for your user content, or for the granting of the rights described above.
11. Your warranties: Your must not create, modify, transmit, upload, or submit any user content that does not comply with all of the warranties and representations described below. You warrant and represent that:
- you own or otherwise have all rights necessary for you to create, modify, transmit, upload, or submit your user content and grant the rights described in clause 10;
- where copyright (or any other intellectual property right) in any part of your user content does not belong to you, the owner of that part has granted you permission to use that part in accordance with the permitted functionality of this website and to license that part in accordance with clause 10;
- your user content does not contain any viruses, worms, spyware, or other components or instructions that are malicious, deceptive, or designed to limit or harm the functionality of a computer;
- your user content does not contain or comprise material that is unlawful, objectionable, defamatory, threatening, pornographic, harassing, hateful, racially or ethnically offensive; encourages conduct that would be considered a criminal offence, give rise to civil liability, violate any law; contains any falsehoods or misrepresentations that could damage us or any third party; or is otherwise inappropriate; and
- each person depicted in your user content (if any) has provided consent to the use of your user content as permitted through the functionality of this website and the licensing of your user content in accordance with clause 10 (including, without limitation, the copying, distribution, public display of your user content).
13. Indemnity: You will indemnify us, our officers and employees from and against all claims, demands, damages, losses, costs, and expenses arising from:
- your access to, use of, or reliance upon any part of this website;
- your negligent or wilful acts or omissions in accessing or using this website.
14. Security: Although we endeavour to protect the security of your personal information you acknowledge that there is a risk of unauthorised access to (or alteration of) your transmissions or data or of the information contained on your computer system or on this website. We do not accept responsibility or liability of any nature for any losses that you may sustain as a result of such unauthorised access or alteration. All information transmitted to you or from you is transmitted at your risk, and you assume total responsibility and risk for your use of this website and the internet. We do not accept responsibility for any interference or damage to your own computer system which arises in connection with your accessing of this website or any outbound hyperlink.
15. Our trade marks: You acknowledge and agree that Wholesale Scene wholesalescene.com, the wholesalescene.com logo, the wholesalescene.com mark, and Wholesale Directory are our trade marks ("our trade marks"). Our trade marks must not be used (including as part of trade marks or domain names) in connection with any good or service in any manner that is likely to cause confusion and our trade marks must not be used, copied, or imitated (in whole or in part) except with our prior written permission in each instance.
16. Third party trade marks: All third party trade marks appearing on this website are the property of their respective owners, and are used on this website merely to refer to the trade mark proprietor or its products. The use of any third party trade marks on this website is not intended to imply any connection between us or our products and services and the trade mark proprietor or any of its products or services, nor any endorsement of our products or services by the trade mark proprietor.
17. Third party products and services: You acknowledge and agree that, except for information, products or services clearly identified as being supplied by us, we do not operate, control or endorse any third party, information, products or services on the Internet in any way. Except for information, products or services clearly identified as being supplied by us, all information, products and services offered through this website (or on the Internet generally) are offered by third parties that are not affiliated with us.
18. Feedback and unsolicited ideas: If you give us feedback about this website or our products or services, you grant us the right to use that feedback for the purpose of improving our website, products or services (and for any other purpose we deem necessary or desirable) without being obliged to pay you any compensation in respect of our use of that feedback. We (and our employees) do not accept or consider unsolicited ideas, including artwork, demos, samples, and other ideas for new promotions, products, product names, processes, technologies, or materials ("unsolicited ideas"). You must not send unsolicited ideas to us. If you do send us unsolicited ideas:
- we do not warrant or represent that those unsolicited ideas will be treated as confidential or proprietary;
19. Disclaimer of warranties: To the maximum extent permitted by law, we provide this website and related information and services on an "as is" basis without any warranties, representations, or guarantees of any kind (whether, express, implied, statutory or otherwise) including, but not limited to, warranties of non-infringement, merchantability, or fitness for a particular purpose.
20. Limitation of liability: To the maximum extent permitted by law, we will not be liable (in contract, tort, or otherwise) for any loss of profits, loss of data, or for any indirect, incidental, consequential, or economic damages or losses (howsoever caused), which you may directly or indirectly suffer in connection with (i) your use of, or inability to use, this website, or any material appearing on this website; or (ii) any action or decision taken as a result of using this website, or any material appearing on this website - even if we have been advised of the possibility of such damages. In no event shall our total liability to you (in contract, tort, or under any other cause of action) for all damages, losses, costs and expenses suffered by you exceed the amount paid by you (if any) for accessing this website.
At www.wholesalescene.com we recognize that privacy is important. We collect member information such as in an effort to improve your wholesale product sourcing experience and to communicate with you about our products, services, and promotions as well as those offered by the suppliers listed on our site. We do not sell or rent your personal information to third parties. Please review the following privacy act to understand how your personal information will be handled by www.wholesalescene.com.
Collection of your information
We only collect our members' personal data when they register online, such as but not limited to, their names, addresses, phone number and e-mail address. We will only use this data for the purpose of notifying you about the status or any changes relating to your membership or our company news.
Disclosure of your information
We will not disclose our customer information to other third parties unless required by law. This means that your information will not be distributed for use in mailing lists, surveys, or any other purposes beyond what is required to fulfill our obligation as your product/service supplier.
Access my account information
Your password is the key to your account. Use unique numbers, letters, and special characters and do not disclose your www.wholesalescene.com password to anyone. If you do share your password or your personal information with others, remember that you are responsible for all actions taken in the name of your account.
Protecting your order information is important to us. www.wholesalescene.com uses the latest SSL technology to keep your information safe and secure, we have built in safeguards to prevent fraud and we are continually updating our procedures.