PRIVACY POLICY STATEMENT & TERMS OF USE
This is the web site of duttondirect.com
Our postal address is: DUTTON INTERNATIONAL HOLDINGS LIMITED
T/A DUTTON DIRECT PTY LTD
International Operations:
Po Bo 6656 St Kilda Road Central, Melbourne, Victoria, Australia 8008
We can be reached via e-mail at or you can reach us by telephone at +61 (0) 3 9521 7227 or 1300 797 589
For each visitor to our Web page, our Web server automatically recognizes the visitor's IP address.
duttondirect.com is a pround member of Australian Interactive Media Industry Association. AIMIA Founded in 1992, AIMIA is the peak industry body for interactive content and digital media in Australia.
duttondirect.com supports IAB advertising standards across the website.
AIMIA's membership represents the full spectrum of the digital media industry in Australia. Our members range from Australia's top digital media powerhouses, including the ABC, Sensis, Yahoo!, Google, BigPond, Foxtel, Disney, ninemsn and Fairfax Digital, to the country's best known interactive advertising, mobile content, web development, games design, and special effects companies.
We collect no information on consumers who browse our Web page.
The information we collect is not shared with other organizations for commercial purposes.
With respect to Ad Servers: To try and bring you offers that are of interest to you, we have relationships with other companies that we allow to place ads on our Web pages. As a result of your visit to our site, ad server companies may collect information such as your domain type, your IP address and Double Click information.
From time to time, we may use customer information for new, unanticipated uses not previously disclosed in our privacy notice. If our information practices change at some time in the future we will post the policy changes to our Web site to notify you of these changes and provide you with the ability to opt out of these new uses. If you are concerned about how your information is used, you should check back at our Web site periodically.
Customers may prevent their information from being used for purposes other than those for which it was originally collected by calling us at the number provided above, e-mailing us at the above address, writing us at the above address.
Upon request we provide site visitors with access to a description of information that we maintain about them.
Consumers can access this information by e-mail us at the above address, write to us at the above address, writing to us at the above address.
Consumers can have this information corrected by sending us e-mail at the above address, calling us at the above telephone number, writing to us at the above address.
With respect to security: We have appropriate security measures in place in our physical facilities to protect against the loss, misuse or alteration of information that we have collected from you at our site.
THE FOLLOWING DESCRIBES THE TERMS ON WHICH DUTTONDIRECT.COM OFFERS YOU ACCESS TO OUR SERVICES.
Welcome to the Terms of Use Agreement for duttondirect.com. This Agreement describes the terms and conditions applicable to your use of our services available under the domain and sub-domains of duttondirect.com If you do not agree to be bound by the terms and conditions of this Agreement, do not use or access our services.
You must read, agree with and accept all of the terms and conditions contained in this Terms of Use Agreement and the Privacy Policy, which include those terms and conditions expressly set out below and those incorporated by reference, before you access duttondirect.com. We strongly recommend that, as you read this Terms of Use Agreement, you also access and read the information contained in the other pages referred to in this document, as they may contain further terms and conditions that apply to you as a duttondirect.com user. Please note: underlined words and phrases are links to these pages and websites. We may amend this Agreement at any time by posting the amended terms on our site.
1. Membership Eligibility: Our services are available only to individuals who can form legally binding contracts under applicable law. Without limiting the foregoing, our services are not available to minors. If you are a minor, you can use this service only in conjunction with your parents or guardians. If you do not qualify, please do not use our services.
2. Fees and Services: Accessing duttondirect.com, we may in our sole discretion change some or all of our services at any time. In the event we introduce a new service, the fees for that service are effective at the launch of the service. Unless otherwise stated, all fees are quoted in Australian Dollars. You are responsible for paying all fees associated with using our service and our website and all applicable taxes.
The current pricing for Public listing of ads:
• Automotive Basic $39.95 Premium $59.95 Platinum $79.95
• Marine Basic $39.95 Premium $59.95 Platinum $79.95
• Property Basic $39.95 Premium $59.95 Platinum $79.95
• Aviation Basic $39.95 Premium $59.95 Platinum $79.95
Business Listing rates are avalible on request CLICK HERE
3. duttondirect.com is a Portal: 3.1 duttondirect.com is not a retailer, store, or "dealer". Although we are commonly referred to as "the Luxury goods site", it is important to realize that we are not a traditional retailer. Instead, our site acts as a venue to allow anyone to offer, sell, and buy luxury goods and related items. We are not involved in the actual transaction between buyers and sellers. As a result, we have no control over the quality, safety or legality of the items advertised the truth or accuracy of the listings, the ability of sellers to sell items or the ability of buyers to buy items. We cannot ensure that a buyer or seller will actually complete a transaction.
3.2 Identity Verification: duttondirect.com cannot and does not confirm each user's purported identity. We encourage you to communicate directly with potential trading partners through the information available on our site. You may also wish to consider using a third party escrow service or services that provide additional user verification.
3.3 Release: Because we are a portal, in the event that you have a dispute with one or more users, you release duttondirect.com (and our officers, directors, agents, subsidiaries, joint ventures and employees) from claims, demands and damages (actual 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 such disputes.
3.4 Information Control:We do not control the information provided by other users that is made available through our system. You may find other user's information to be offensive, harmful, inaccurate, or deceptive. Please use caution, common sense, and practice safe trading when using our site. Please note that there are also risks of dealing with underage persons or people acting under false pretence. Additionally, there may also be risks dealing with international trade and foreign nationals.
4. Making an Offer and Enquiries: As a buyer, you are not obligated to complete the transaction with the seller if you agree to purchase an item and your offer is accepted by the seller, unless the transaction is prohibited by law or by this Agreement.
5. Listing and Selling: 5.1 Listing Description. You must be legally able to sell the item(s) you list for sale on our site. You must describe your item and 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. All listed items must be listed in an appropriate category.
5.2 Binding Offers. If you receive at least one offer at or above your stated minimum price, you are obligated as the seller to complete the transaction with the buyer with the highest offer, unless there is an exceptional circumstance, such as: (a) the buyer fails to meet the terms of your listing (such as payment method), or (b) you cannot authenticate the buyer's identity.
5.3 Fraud. Without limiting any other remedies, duttondirect.com may suspend or terminate your access if we suspect that you (by conviction, settlement, insurance or escrow investigation, or otherwise) have engaged in fraudulent activity in connection with our site.
5.5 Manipulation. Neither you, buyers nor sellers may manipulate the price of any item nor may you interfere with other user's listings or transactions.
6. Your Information: 6.1 Definition. "Your Information" is defined as any information you provide to us or other users in the listing or buying process, in any public message area or through any email feature. You are solely responsible for Your Information, and we act as a passive conduit for your online distribution and publication of Your Information.
6.2 Restricted Activities. Your Information (or any items listed) and your activities on the site shall not: (a) be false, inaccurate or misleading; (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 rights of publicity or privacy; (d) violate any law, statute, ordinance or regulation (including, but not limited to, those governing export control, consumer protection, unfair competition, antidiscrimination or false advertising); (e) be defamatory, trade libelous, unlawfully threatening or unlawfully harassing; (f) be obscene or contain child pornography; (g) contain any viruses, Trojan horses, worms, time bombs, cancelbots, easter eggs or other computer programming routines that may damage, detrimentally interfere with, surreptitiously intercept or expropriate any system, data or personal information; (h) create liability for us or cause us to lose (in whole or in part) the services of our ISPs or other suppliers; and (i) link directly or indirectly to or include descriptions of goods or services that: (aa) are prohibited under this Agreement; (dd) you do not have a right to link to or include. Furthermore, you may not list any item on the site (or consummate any transaction that was initiated using our service) that could cause us to violate any applicable law, statute, ordinance or regulation.
6.3 License: Solely to enable duttondirect.com to use the information you supply us with, so that we are not violating any rights you might have in that information, you agree to grant us a non-exclusive, worldwide, perpetual, irrevocable, royalty-free, sub licensable (through multiple tiers) right to exercise the copyright, 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.
7. Access and Interference: You agree that you will not use any device, software or routine to interfere or attempt to interfere with the proper working of the duttondirect.com site or any activities conducted on 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 duttondirect.com by our users 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 website without the prior expressed written permission of duttondirect.com or the appropriate third party.
8. Breach: Without limiting other remedies, we may immediately remove your item listings, warn our community of your actions, issue a warning, temporarily suspend, indefinitely suspend or terminate your membership and refuse to provide our services to you if: (a) you breach this Agreement or the documents it incorporates by reference; (b) we are unable to verify or authenticate any information you provide to us; or (c) we believe that your actions may cause financial loss or legal liability for you, our users or us.
9. Privacy: We do not sell or rent your personal information to third parties for marketing purposes without your consent. We view protection of users' privacy as a very important community principle. We understand clearly that you and your information is one of our most important assets. We store and process your information on computers located in the United States that are protected by physical as well as technological security devices. If you object to your Information being transferred or used in this way please do not use our services.
10. No Warranty: WE, OUR SUBSIDIARIES, EMPLOYEES AND OUR SUPPLIERS PROVIDE OUR WEB SITE AND SERVICES "AS IS" AND WITHOUT ANY WARRANTY OR CONDITION, EXPRESS, IMPLIED OR STATUTORY. WE, OUR SUBSIDIARIES, EMPLOYEES AND OUR SUPPLIERS SPECIFICALLY DISCLAIM ANY IMPLIED WARRANTIES OF TITLE, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. Some states do not allow the disclaimer of implied warranties, so the foregoing disclaimer may not apply to you. This warranty gives you specific legal rights and you may also have other legal rights that vary from state to state.
11. Liability Limit: IN NO EVENT SHALL WE, OUR SUBSIDIARIES, EMPLOYEES 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). OUR LIABILITY, AND THE LIABILITY OF OUR SUBSIDIARIES, EMPLOYEES, AND SUPPLIERS, TO YOU OR ANY THIRD PARTIES IN ANY CIRCUMSTANCE IS LIMITED TO THE GREATER OF (A) THE AMOUNT OF FEES YOU PAY TO US IN THE 12 MONTHS PRIOR TO THE ACTION GIVING RISE TO LIABILITY, AND (B) $100. Some States do not allow the exclusion or limitation of incidental or consequential damages, so the above limitation or exclusion may not apply to you.
12. Indemnity: You agree to indemnify and hold us and (as applicable) our parent, subsidiaries, affiliates, officers, directors, agents, and employees, harmless from any claim or demand, including reasonable attorneys' fees, made by any third party due to or arising out of your breach of this Agreement or the documents it incorporates by reference, or your violation of any law or the rights of a third party.
13. Legal Compliance:You shall comply with all applicable domestic and international laws, statutes, ordinances and regulations regarding your use of our service and your bidding on, listing, purchase, solicitation of offers to purchase, and sale of items.
14. No Agency: You and duttondirect.com are independent contractors, and no agency, partnership, joint venture, employee-employer or franchiser-franchisee relationship is intended or created by this Agreement.
15. Notices: Except as explicitly stated otherwise, any notices shall be given by postal mail to duttondirect.com, Dutton Direct Pty Ltd. Attn: Legal Department Level 2 475 Flinders Lane Melbourne, Victoria, Australia 3000 (in the case of duttondirect.com) or to the email address or postal mail address you provide to duttondirect.com. (in your case). Notice shall be deemed given 24 hours after email is sent, unless the sending party is notified that the email address is invalid. Alternatively, we may give you notice by certified mail, postage prepaid and return receipt requested, to the address provided to duttondirect.com. In such case, notice shall be deemed given 3 days after the date of mailing.
16. Governing law: This agreement is to be interpreted in accordance with, and governed by, the laws of Victoria, Australia. Any legal controversy or legal claim arising out of or relating to this Agreement or our services, excluding legal action taken by duttondirect.com to collect our fees and/or recover damages for, or obtain an injunction relating to, the duttondirect.com site operations, intellectual property, and our services, shall be settled in accordance with the commercial law rules of the laws of Victoria. Any such controversy or claim shall be arbitrated on an individual basis, and shall not be consolidated in any arbitration with any claim or controversy of any other party. The arbitration shall be conducted in Victoria, Australia, and judgment on the arbitration award may be entered into any court having jurisdiction thereof. Either you or duttondirect.com may seek any interim or preliminary relief from a court of competent jurisdiction in Victoria, Australia if necessary to protect the rights or property of you or duttondirect.com pending the completion of arbitration. Should either party file an action contrary to this provision, the other party may recover attorney's fees and costs up to $1000.00.
17. Additional Terms: The following policies are incorporated into this Agreement by reference and provide additional terms and conditions related to specific services offered on our site: Each of these policies may be changed from time to time and are effective immediately after we post the changes on our site. In addition, when using particular services on our site, you agree that you are subject to any posted policies or rules applicable to services you use through our site, which may be posted from time to time. All such posted policies or rules are hereby incorporated by reference into this Agreement.
18. General: This Agreement shall be governed in all respects by the laws of the State of Victoria, Australia as such laws are applied to agreements entered into and to be performed entirely within Victoria, Australia. 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 of our control. If any provision of this Agreement is held to be invalid or unenforceable, such provision shall be struck and the remaining provisions shall be enforced. You agree that this Agreement and all incorporated agreements may be automatically assigned by duttondirect.com, in our sole discretion, to a third party in the event of a merger or acquisition. 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 a breach by you or others does not waive our right to act with respect to subsequent or similar breaches. This Agreement sets forth the entire understanding and agreement between us with respect to the subject matter hereof. Sections 2 (Fees and Services) with respect to fees owed for our services, 3.3 (Release), 6.3 (License), 7 (Access and Interference), 11 (Liability Limit), 12 (Indemnity) and 16 (Arbitration) shall survive any termination or expiration of this Agreement.
19. Disclosures: The services hereunder are offered by duttondirect.com, Dutton Direct Pty Ltd., located at Level 2 475 Flinders Lane Melbourne, Victoria, Australia 3000. You may have this same information emailed to you by sending a letter to the foregoing address with your email address and a request for this information.
Disputes between you and duttondirect.com regarding our services may be reported to Customer Support by email to info@duttondirect.com. We encourage you to report all user-to-user disputes to your local law enforcement, postmaster general, or a certified mediation or arbitration entity.
Terms and conditions for insertion on the duttondirect.com Clubs Directory
1. All orders are governed by the terms and conditions stated hereinafter. Acceptance of any modifications of these terms shall be subject to Dutton Direct Pty Ltd (the service provider) prior written agreement. By sending his/her order, the subscriber accepts these terms unless he/she sends a cancellation within a period of seven days after the date of the signing/stamping of the order note, after which the contract will come into force. To be effective, the cancellation must be given in writing and must be sent by registered post with confirmation of receipt.
2. The service provider will place the insertion into the data base of the World Business Directory within a period of three weeks after receiving the order. The data of the subscriber will be used as stated in the order. The invoice will be sent by post. Payment will be made by the subscriber on the service provider’s bank account as mentioned on the invoice 14 days after receiving the invoice.
3. Apart from the insertion into the data base of the duttondirect.com Directory. The subscriber must provide exact details of his/her business and/or his/her professional activity. On the basis of these details an insertion shall be drawn up. Within a period of two weeks after the date of the invoice, the subscriber can make such corrections or alterations as he/she may consider appropriate and return them to the service provider. Upon the expiry of this period without receiving such corrections or alterations, the details shall be published in its original form. Should errors appear in the publications and these errors are based on the details provided by the subscriber, the subscriber shall be the only person liable for such errors. In the event that the service provider should have printed incorrectly the details provided by the subscriber in the online edition of the World Business Directory, the subscriber is entitled to a free extension of his/her subscription for one year. The liability of the service provider due to the aforementioned incorrectly printed details provided by the subscriber is limited to an amount of AUD 100. Decisions relating to advertisement positioning in certain sections of the World Business Directory or the designated categories are at the discretion of the service provider.
4. At the beginning of the second, third and following years of the subscription, the service provider will send the subscriber an invoice, the payments for the second, third and following years have to be made on the bank account of the service provider as mentioned. All invoices are payable two weeks from the date of the invoice. The service provider has the right to terminate the contract in the event of non payment within the aforementioned period of two weeks without a prior written notice.
5. The service provider is not liable for damages caused by any technical or other failure arising in the data base of the duttondirect.com Directory or any technical failure of the data base of the World Business Directory. The service provider is not liable for damages caused by any error in the data base of the duttondirect.com Directory.
6. The insertion in the data base of the duttondirect.com Directory is granted for three years and will be automatically extended every year for another year, unless specific written notice is received by the service provider or the subscriber two months before the expiration of the contract. This contract shall come into force seven days after the day the subscriber has signed the order and therefore shall end three years later.
7. Unless agreed otherwise beforehand by the service provider, the price stated corresponds to the price of one year insertion. The price of the first three years is AUD 100. In the event of the extension of the contract under the terms defined in the order section, the price of the access for each year shall continue to be that originally stated.
8. In order to be effective, all undertakings notified verbally to the service provider’s employees must be necessarily confirmed in writing.
9. The place of jurisdiction in any dispute arising is the service provider’s address.
10. The agreement between the service provider and the subscriber is governed by the laws of the juridical seat of the service provider.