Website terms and conditions

These terms and conditions apply to the use of this website. In using this website, you agree to be bound by these terms and conditions. If you do not accept these terms and conditions, you must refrain from using the website. These terms and conditions must be read in conjunction with any other applicable terms and conditions governing the use of this website.

1.About our website

Terminology

In these terms and conditions, the expressions “we”, “us” and “our” are a reference to [business].

Amendments to terms and conditions

We reserve the right to amend these terms and conditions from time to time. Amendments will be effective immediately upon notification on this website. Your continued use of the website following such notification will represent an agreement by you to be bound by the terms and conditions as amended.

Our website

This website is an online classifieds site that provides a forum enabling members to list for sale, buy and sell items. Other than in providing the forum, we have no involvement, direct or indirect, in members’ listings or transactions between members.

2.Membership

Becoming a member

In order to list an item for sale or participate in a transaction on this website, you must be become a member. To become a member, you must be introduced to the website by a spotter and you must complete your registration details in the manner described on the website. Membership is free; however, fees apply to list items on the website as detailed below. Membership is non-transferable.

We reserve the right to terminate your member status at any time if you breach these terms and conditions.

You must be 18 years old or over in order to become a member. If you are under 18 years of age, you must not apply to become a member.

You agree to ensure that your registration details are true and accurate at all times. Specifically, you must notify us of any change to your registration details as originally supplied.

Once you become a member, you will be required to create a member name and password to enable you to log on to list items and participate in transactions. As a member, you agree that you will not disclose your member name and/or password to any other person. We will not be liable for any loss or damage suffered by you as the result of a disclosure of your member name and/or password by you.

Users’ obligations

As a user of this website, you agree that you will not do or attempt to do any of the following:

• Gain unauthorised access to any part of the website or any other system, network or server connected to the website, or any content, information, material or documentation contained thereon, including by hacking or any other means;
• Use the website to obtain, trace or exploit the information, including personal information, of any user or member of the website;
• Breach or circumvent any security or authentication measures on the website or any other system, network or server connected to the website.
• Use any software, process or other means to interfere with the working of the website in any way.
• Use the website for any purpose which is illegal or breaches these terms and conditions.

Sellers’ obligations

As a seller, you agree that:

• You accept full responsibility for the correctness and accuracy of any information listed by you on the website, including the listing details for any item offered for sale. You must ensure that goods offered for sale are accurately described and are available in sufficient quantity. You must not make any statement in a listing that is a misrepresentation, inaccurate, misleading, or deceptive.
• You will not list goods for sale:
  • that are illegal or illicit;
  • the sale of which is prohibited by applicable laws;
  • that are offensive (including goods of a defamatory, pornographic or discriminatory nature);
  • the sale of which would infringe copyright or other intellectual property laws;
  • which have been illegally imported or which would require illegal import or export.
  You accept full responsibility for incorrect or inaccurate listing or for inappropriate listing categorisation.
• By listing an item, you are making an irrevocable offer to sell at your listed price.
• It is your responsibility to comply with our listing guidelines and you will comply with any other listing or transaction rules set out on this web site.
• You will accept responsibility for the delivery of goods sold by you via this website.
• You agree to indemnify us against any liability which we may incur to a third party arising out of the listing of goods or services by you on this website.

Buyers’ obligations

As a buyer, you agree that:

• Offers to buy goods being listed for sale are not retractable.
• If you are notified that your offer to buy has been accepted by the seller, you must complete the transaction in the manner stipulated.
• By making an offer, you warrant and represent that you have the legal right to enter into and complete the transaction.
• You agree to comply with any other transaction rules set out on this web site.

If you consider you have been treated unfairly by a seller, you may have a remedy under the laws in force in your jurisdiction. You should seek independent legal advice in such a situation.

Feedback

Buyers and sellers are invited to post feedback regarding the outcome of their dealings with individual buyers or sellers as the case may be. Buyers or sellers who are the subject of feedback will be given a right of reply.

We accept no responsibility for the content of the feedback and we will not attempt to edit it. You agree to indemnify us against all actions, claims and demands (including the cost of defending or settling any action, claim or demand) which may be instituted against us arising directly or indirectly from the publication or content of the feedback.

Fees

• Our fees
  
• We charge business a negotiable fee after a twelve months FREE TRIAL period. A percentage of this service fee is paid to the spotter who introduced the business to the website.
• Additional fees
  The sale price of an item must be inclusive of all fees, charges and taxes (such as GST, where applicable).
  
  Where additional fees or surcharges are charged to the seller by a payment service provider such as a bank, the seller is not permitted to charge those fees or surcharges to the buyer as a separate amount in addition to the sale price.
  
  Where GST is payable on the sale of an item, the buyer must list and sell the item at an amount inclusive of GST and is not permitted to charge GST to the buyer as a separate amount in addition to the sale price.

3.Disclaimer

Use of this website

We do not accept responsibility for any loss or damage, however caused (including through negligence), which you may directly or indirectly suffer in connection with your use of this website, nor do we accept any responsibility for any such loss arising out of your use of, or reliance on, information contained on or accessed through this website.

No involvement with or representation of members

You acknowledge that we do not have any involvement in members’ listings or transactions between members other than by providing this facility on our website. There is no contract of sale between you and us in relation to any transaction conducted on the website. In the event that an offer is accepted by the seller, a contract of sale will be formed directly between the buyer and the seller.

We do not represent either buyers or sellers and you acknowledge that we make no representation as to the ability of any buyer or seller to complete a transaction. In the event that an offer is accepted, each party will have an obligation to complete the transaction. This is the responsibility of the respective buyer and seller, not our responsibility. If you have any doubts about the ability of the other party to discharge its obligations in this regard, it is your responsibility to make all necessary enquiries in advance and to take any steps which you consider to be appropriate in the circumstances.

Unless expressly stated to the contrary, we do not endorse or have an interest in goods listed and/or sold on the website. We have no control over the availability, quality, safety or legality of goods offered for sale and sold on the website. We offer no warranties and do not accept any responsibility in relation to goods or services sold or listed for sale on the website, including the merchantability, fitness for purpose, failure to correspond with the seller’s description, quality, safety or legality of any items.

Exclusion of warranties

To the extent permitted by law, any condition or warranty which would otherwise be implied into these terms and conditions is hereby excluded. This disclaimer set out in these terms and conditions does not attempt or purport to exclude liability arising under statute if, and to the extent, such liability cannot be lawfully excluded.

4.Liability and indemnity

No liability for loss or damage

You agree that we will be under no liability to you in respect of any loss or damage (including indirect, special or consequential loss or damage) which may be suffered or incurred by you or which may arise directly or indirectly in respect of goods or services supplied pursuant to the services offered by this website.

Release and indemnity

You release and indemnify us against all actions, claims and demands (including the cost of defending or settling any action, claim or demand) which may be instituted against us arising out of a failure by us to comply with these terms and conditions or a failure by a buyer or seller to complete a sale or satisfy the requirements of a sale.

You also release and indemnify us against all actions, claims and demands (including the costs of defending or settling any action, claim or demand) which may be instituted against us arising out of any act or omission on your part, including but not limited to a failure by you to comply with your obligations under these terms and conditions.

5.Specific warnings

Your use of this website

You must ensure that your access to this website is not illegal or prohibited by laws which apply to you.

You must also take your own precautions to ensure that the process which you employ for accessing this website does not expose your computer system to risk of viruses or other form of interference which may damage your computer system. For the removal of doubt, we do not accept responsibility for any interference or damage to your computer system which arises in connection with your accessing of this website or any linked website.

Accuracy of information

Whilst we have no reason to believe that any information contained on this website is inaccurate, we do not warrant the accuracy, adequacy or completeness of such information, nor do we undertake to keep this website updated. We do not accept responsibility for loss suffered as a result of reliance by you upon the accuracy or currency of information contained on this website.

Linked websites

Links on this website to other websites (“linked websites”) are provided for convenience only and may not remain current or be maintained.

We are not responsible for the content or privacy practices associated with linked websites.

Our links with linked web sites should not be construed as an endorsement, approval or recommendation by us of the owners or operators of those linked websites, or of any information, graphics, materials, products or services referred to or contained on those linked websites, unless and to the extent stipulated to the contrary.

Advertisements

Responsibility for the content of advertisements appearing on this website (including hyperlinks to advertisers' own websites) rests solely with the advertisers. The placement of such advertisements does not constitute a recommendation or endorsement by us of the advertisers' products and each advertiser is solely responsible for any representations made in connection with its advertisement.

Other

We do not warrant that the listing service will be available at all times or at any specific times.

We are not responsible in the event that an offer to buy an item listed for sale is not processed due to technical difficulties affecting our system.

We do not undertake to retain listings or to retain records of specific transactions.

We are not responsible for ensuring that warranty obligations are honoured.

You acknowledge that a failure to comply with these terms and conditions entitles us to terminate your member status. We may determine at our discretion whether such a failure has occurred.

6.Intellectual Property

Copyright

Copyright in this website (including text, graphics, logos, icons, sound recordings and software) is owned or licensed by us. Other than for the purposes of, and subject to the conditions prescribed under, the Copyright Act 1968 (Cth) and similar legislation which applies in your location, and except as expressly authorised by these terms and conditions, you may not in any form or by any means:

• adapt, reproduce, store, distribute, print, display, perform, publish or create derivative works from any part of this website; or
• commercialise any information, products or services obtained from any part of this website;

without our written permission.

Trade marks

Except where otherwise specified, any word or device to which is attached the ™ or ® symbol is a registered trade mark.

If you use any of our trade marks in reference to our activities, products or services, you must include a statement attributing that trade mark to us. You must not use any of our trade marks:

• in or as the whole or part of your own trade marks;
• in connection with activities, products or services which are not ours;
• in a manner which may be confusing, misleading or deceptive;
• in a manner that disparages us or our information, products or services (including this website).

Restricted use

Unless we agree otherwise in writing, you are provided with access to this website only for your personal use. You are authorised to print a copy of any information contained on this website for your personal use, unless such printing is expressly prohibited. Without limiting the foregoing, you may not without our written permission on-sell information obtained from this website.

7.Privacy policy

We undertake to comply with the terms of our privacy policy which is listed below these Terms and Conditions.

8.Security of information

Unfortunately, no data transmission over the Internet can be guaranteed as totally secure. Whilst we strive to protect such information, we do not warrant and cannot ensure the security of any information which you transmit to us. Accordingly, any information which you transmit to us is transmitted at your own risk. Nevertheless, once we receive your transmission, we will take reasonable steps to preserve the security of such information.

9.General

Circumstances beyond our control

We accept no liability for any failure to comply with these terms and conditions where such failure is due to circumstances beyond our reasonable control.

Termination of access

Access to this website may be terminated at any time by us without notice. Our disclaimer will nevertheless survive any such termination.

Governing law

These terms and conditions are governed by the laws in force in New South Wales.

Waiver

If we waive any rights available to us under these terms and conditions on one occasion, this does not mean that those rights will automatically be waived on any other occasion.

Severability

If any of these terms and conditions are held to be invalid, unenforceable or illegal for any reason, the remaining terms and conditions shall nevertheless continue in full force.

To return to the website

To return to the website, click where indicated. By doing so, you acknowledge that you have read, understood and accept the above terms of use.

Privacy policy

We may collect website visitors’ contact information (like their e-mail addresses). This information may be used:

• to send news, information about our activities and general promotional material which we believe may be useful to you;
• to monitor who is accessing the website or using services offered on the website; and
• to profile the type of people accessing the website.

If you do not wish to have your personal information used in this manner or for any other specific purpose, you can e-mail us accordingly.

We utilise “cookies” which enable us to monitor traffic patterns and to serve you more efficiently if you revisit the site. A cookie does not identify you personally but it does identify your computer. You can set your browser to notify you when you receive a cookie and this will provide you with an opportunity to either accept or reject it in each instance.

We will not sell or otherwise provide your personal information to a third party, or make any other use of your personal information, for any purpose which is not incidental to your use of this website. For the removal of doubt, personal information will not be used for any purpose which a reasonable person in your position would not expect.

If you request us not to use personal information in a particular manner or at all, we will adopt all reasonable measures to observe your request but we may still use or disclose that information if:

• we subsequently notify you of the intended use or disclosure and you do not object to that use or disclosure;
• we believe that the use or disclosure is reasonably necessary to assist a law enforcement agency or an agency responsible for government or public security in the performance of their functions; or
• we are required by law to disclose the information.

We will preserve the content of any e-mail you send us if we believe we have the legal requirement to do so.

Your e-mail message content may be monitored by us for trouble-shooting or maintenance purposes or if any form of e-mail abuse is suspected.

Personal information which we collect may be aggregated for analysis but in such circumstances we would ensure that individuals would remain anonymous.

All personal information which we collect (including your contact details and, if relevant, credit card details) is kept confidential to the best of our ability. You will appreciate, however, that we cannot guarantee the security of transmission.

We consider it is the responsibility of parents to monitor their children's use of our website. Nevertheless it is our policy not to require personal information from persons known to be under the age of 18 years or offer to send any promotional material to persons in that category.

You are entitled to have access to any personal information relating to you which you have previously supplied to us over this website. You are entitled to edit or delete such information unless we are required by law to retain it.

If you wish to comment on or query our privacy policy, or if you wish to make an inquiry regarding any personal information relating to you which may be in our possession, contact us through the contact details on our website.

I Agree to the above terms.