Terms & Conditions

Please read these Terms + Conditions carefully before you continue to use our website.

If you continue to browse through and use this website you agreeing to comply with and be bound by the followers Terms and Conditions of Use (‘Terms’), which in conjunction with our Privacy Policy govern HOORAY!’s relationship with you in relation to you use of this website.

Definitions 

‘Buyer’ means anyone who is purchasing goods or services through this website.

‘Content’ means any and all materials, words, images including but not limited to any goods and services the seller submits, advertises or places on the website.

‘Seller’ means an individual or business who has been accepted as a Seller to sell their goods and services on the website.

‘Store’ means an individual Seller’s space allocated to sell their goods and services through the website.

‘Us’, ‘Our’ and ‘We’ refers to HOORAY! and it’s website hooraymag.com

‘Website’ means hooraymag.com

‘You’ and ‘your’ refers to you as buyer, seller, site user, person using our website as relevant.

Buyer Agreement

By using this website, you acknowledge that the Sellers on our site are third party advertisers and we do not have any connection with them beyond providing a platform for the Sellers to sell their goods and services. We are a passive conduit as third party facilitator for this advertising and sales service and do not have any association or affiliation beyond this. HOORAY! does not make any representation as to the accuracy or suitability of any of the information contained in the advertisements or Stores and does not accept any responsibility or liability for the conduct or Content any advertisements or the offerings made by any Seller. Please make your own enquiries to ensure the goods or services are suitable for your individual needs and purposes. Whilst we take reasonable care to monitor our website, we do not undertake any liability or obligation with regard to the content and therefore, you use the website and services at your own risk. HOORAY! is not responsible for any loss, damage or issues you may have with any Seller and cannot be held responsible for any direct or indirect loss you may suffer as a result of using their products or services

Seller Agreement

Cost to Set Up: There is no cost to set up your Store and advertise your goods and services on the Party Market once you have been approved as a Seller.

Commission Fee:  We charge 15% commission plus GST on each sale at checkout. If you have any questions about how commissions work, please ask us.

To be eligible to be able to advertise your products and services on our website, you agree to the following:

You warrant that:

The information, material and Content you post or advertise on the website is genuine, true and accurate, reliable, up-to-date, lawful, not misleading and does not breach third party rights including but not limited to copyright or other intellectual property rights;

You will keep your own information and Content updated and ensure any images or information you place in your Store on the website complies with applicable laws, codes and regulations;

You will at all times abide by the Australian Consumer Law (ACL) requirements including but not limited to the re-supply or refund of any goods or services you supply or provide which do not meet ACL requirements; and

You also agree to ensure you adhere to good practice service standards for the supply of goods and services to customers in a timely and responsive manner. You will at all times abide by the shipping, refund, and other terms from time to time, of the website.

You acknowledge and agree:

We are a facilitator only for the purposes of permitting businesses and individuals to post their advertisement and sell their goods and services through our website but do not guarantee any bookings, business, increase in traffic, sales or otherwise;

Any products or services you sell through your Store is done directly and is your contractual relationship with the Buyer that may find your goods and services by visiting our website. Any disputes, issues, dealings, complaints are to be dealt with directly with the Buyer and we are not to be involved. In the event you have serious concerns about a particular Buyer, we will endeavour to assist or make a determination which may involve blocking the Buyer from using the website in the future. Any decision will be made by us, in our sole discretion, concerning the Buyer and their use of the website;

You will provide an invoice to the Buyer within 28 days of receipt of any sale through our website upon request;

We may, but are not obligated to, remove any Content that we determine in our sole discretion may be unlawful, offensive, defamatory, obscene, or otherwise objectionable or violates a third party’s intellectual property or these Terms;

By using this website, you authorize us to use, reuse and to grant others the right to use and re-use your Content and any reproduction or similar in any form of media or technology for any purpose related to the website and necessary for any advertising purposes;

Once you are approved as a Seller, you must be immediately prepared to activate your Store with a minimum of 4 items for sale, unless otherwise agreed by HOORAY. If you are a store that wholesales items please be aware we do not allow duplications so if another store already stocks that item we declare rights to sell the items by the upload date;

You may not close your Store nor may you stop selling or remove items for sale for a minimum 6 month period after approval and activation of your Store unless the items are no longer available or are out of stock. If you do so, you are liable to an early exit fee of $350AUD to cover the costs of our administration, advertising and other costs associated with promoting your Store and the website;

You will at all times ensure your Store, information and any advertising, including availability of goods and services is up-to-date at all times;

You will keep your password confidential and not disclose it or other security information about HOORAY! or the website to any other person at any time;

You must honour all orders and sales once checkout on any good or service has been completed.

You will not add contact information or website links in your Store nor will you provide contact details of any kind directly or indirectly to Buyers. You also agree you will not offer deals or special offers to any Buyer outside of this website at any time. Any breach of this fundamental term will result in instant removal from hooraymag.com and we will take full action permissible under the law;

We may remove your Store and access to our website at any time in our sole discretion at anytime for any reason including but not limited to any breach of these terms, breach of the law, numerous complaints from Buyers, not acting in good faith or any other such issue;

You agree and acknowledge that we are not liable for any direct, indirect, consequential or incidental loss or damage which may result from your advertisement, business activity or sale of your products or services on our website;

To undertake that you shall be the legally responsible party for any Content placed by you in respect of any legal proceedings of any competent jurisdiction worldwide and you agree and undertake to indemnify us and keep us at all times fully indemnified from and against any claims demands costs damages or awards whatsoever arising directly or indirectly as a result of any content placed by you on hooraymag.com;

You will take over and indemnify us for any claims or other legal action that a Buyer or any third party may take against us as a direct or indirect result of your action, inaction, Contents or Store. Your liability to us, any Buyer or third party who has accessed your Content through our website for any of your advertisements, Content including but not limited to your goods and services, survives any termination or cancellation of this agreement;

No agency, partnership, joint venture, or employment is created as a result of these Terms, and you do not have any authority of any kind to bind us in any respect whatsoever; and

Termination:you and we can terminate this agreement at any time by notification in writing. Please note we are not responsible for any lost files, images or other Content once you or we have terminated this agreement.

• General Terms
• Amendment of Terms and Website Content

We reserve the right to change, modify, add or remove portions of these terms, any content or appearance of the website at any time without notice. Please check these terms regularly prior to using our website to ensure you are aware of any changes. We will endeavour to highlight any significant or substantive changes where possible. If you choose to use our website then we will regard that use as conclusive evidence of your agreement and acceptance that these terms govern your and DTLL’s rights and obligations to each other.

Use of website and services

We make no warranty that the website services will meet your requirements or be available on an uninterrupted, secure or error-free basis. We will do our best endeavors to ensure the website is always available and virus free but from time-to-time, and in some instances, this may not be the case as it may be out of our immediate control. We will notify you if the website becomes unavailable for any lengthy and unusual time period. You agree and acknowledge that the website uses third party vendors and hosting partners to provide the necessary software, hardware, service and storage. You agree you will not transmit any viruses, malware, worms, etc. of any kind and that you will not upload, post, host or transmit unsolicited material or messages to the website.

Refunds and Returns

For any refunds or return, please refer to the individual Seller Store terms and address all refunds and returns though the Seller directly at first instance. If you are unable to resolve your issue with the individual Seller please let us know so we can determine if we can further assist you. Both HOORAY! and all Sellers handle all returns and process refunds in accordance with the Australian Consumer Law. Our liability for goods and services is limited to: the supplying of the goods or services to you again; the replacement of the goods; or the payment of the cost of having the goods or services supplied to you again.

Copyright and Trademark

All custom graphics, icons, logos and service names are registered trademarks, copyright, trade or service marks of HOORAY!. Any redistribution or reproduction of part or all of the contents in any form is prohibited.

All other trademarks or service marks within this website are the property of their respective owners. Nothing in these Terms grants you any right to use any trademark, service mark, logo, and/or our name or any of our Sellers

You are solely responsible for obtaining written permission before re-using any copyrighted material that is available on this website. Any unauthorized use of the materials appearing on this website may violate copyright, trademark and other applicable laws and could result in criminal or civil penalties.

HOORAY! expressly reserves all copyright and trademark in our website and in all documents and information on our website and reserves the right to take action against you if you breach any of these terms.