Please take a few minutes to read through and familiarise yourself with our
terms and conditions.
USER AGREEMENT
Welcome to Bidbuysell, this Agreement describes the terms and conditions that
govern your use of our services at bidbuysell.com.au.
You must read, agree with and accept all of the terms and conditions contained
in this User Agreement and the Privacy Policy, which include those terms and
conditions expressly set out below and those incorporated by reference, before
you may become a member of Bidbuysell. We strongly recommend that, as you read
this User Agreement you also access and read information contained in the other
pages and website referred to in this document as they may contain further
terms and conditions which apply to you as a Bidbuysell member.
We may ament this Agreement at any time in our discretion by posting the
amended terms on our site. Except as stated below, all amended terms shall
automatically be effective 30 days after they are initially posted on our site.
If you do not agree with such changes, you must terminate your membership of
Bidbuysell. This Agreement may not be otherwise amended except in writing
signed by you and Bidbuysell.
1 REGISTRATION
You undertake to register for the Bidbuysell services using your correct name
address and any other requested details. Our services and available only to,
and may only be used by individuals who can form legally binding contracts
under applicable law. Without limiting the foregoing our services are not
available to persons under 18 years of age or to temporarily or indefinitely
suspended Bidbuysell members. I f you do not quality, please do not use our
services. Further your Bidbuysell account (including feedback) and User Id may
not be transferred or sold to another party.
2 FEES AND SERVICES
Joining and bidding on Bidbuysell is free. When you list an item you have an
opportunity to review and accept the fees that you will be charged for the use
of our services, We may change the fees for our services from time to time. Our
changes to the policy are effective after we provide you with at least (14)
days notice of the changes by posting the changes on the site. 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 affective 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 Site and all applicable taxes (including and goods and services
or value added tax, which will be added to amounts billed to you). Please Note:
You cannot include Bidbuysell fees in the 'terms of sale' of your item or
request another member to pay these fees. However you may wish to consider
Bidbuysell fees when determining the minimum of fixed price of your item.
3 Bidbuysell is not an Auctioneer
Although we are commonly referred to as an online auction website, it is
important to realise that we are not a traditional "auctioneer". Instead our
site acts as a venue to allow members to offer, sell and buy just about
anything, at any time, from anywhere, in various formats, including a fixed
price format and an auction style commonly referred to as an "online auction.
We have no control over the quality, safety or legality of the items or content
posted by users on the site, 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 and do not guarantee that a buyer or seller will actually complete a
transaction or act lawfully in using our site.
4 GENERAL TRANSACTION ISSUES
(1) Relevant Content
The contents o statements posted by sellers in their listings or otherwise must
be directly relevant to the subject matter of the Transaction, and not relate
to anything else. For example, such statements must not be used as a means of
general communication with one or more other Members and may not be used to
advertise or promote anything which is not the subject of the specific
transaction. If you include a hypertext link to another site in a Listing, the
linked site must satisfy this relevancy test: but in any event, you acknowledge
that we will be entitled to remove, or require removal of any such links at our
discretion.
(2) Member Ratings
In our Member Ratings service, Members can comment upon the service they have
received from other Members in certain types of Transactions. You may only rate
Members to whom you have sold Items or from whom you have bought items. All
such ratings must be accurate and fair, and must comply with the requirements
of clause 4.5 below.
(3) Sellers legal ownership
By including any subject-matter in a listing (an item), you assert that your
are legally entitled to pass ownership in that item.
(4) Accuracy of Listing
You must accurately describe each Item in the listing you provide for inclusion
on the Bidbuysell website and you are liable for any errors or omissions in
your description. Any brand name or other indication or origin or manufacture
which you include in the listing must be completely accurate, and not capable
of misleading any Member.
(5) Prohibitions
As a seller, you are responsible for ensuring that the sale of any Item, the
Listing itself, and all activity or communication (including any posting or a
Member Rating) you make in connection with any Transaction will not (a) be
capable of infringing the intellectual property or other rights of any person
or entity, (b) breach any applicable law, whether criminal, tortious or
otherwise, or (c) be offensive, obscene, or pornographic, insulting, false,
unreliable or misleading.
(6) Correct Use of Categories
You must place a Listing only in the Bidbuysell category into which the Item in
question naturally fits (and not in any other categories). Where appropriate,
and subject to the possible payment of additional charges which may be notified
to you at the time, you may be permitted to place a Listing in more than one
such category.
(7) Seller's Terms and Conditions
It I the Seller's obligations to communicate to actual or potential buyers all
of the contractual terms and conditions which apply to any transaction.
(8) Bidbuysell Intellectual Property
You acknowledge that all copyright, trade marks, and other intellectual
property rights in and relating to Bidbuysell are owned by Bidbuysell. You must
not use any of those intellectual property rights, except to the extent
necessary to create Listings, Engage in transactions, and conduct other
authorised activities, in the manner anticipated in this agreement.
(9) No Warranty
WE AND OUR SUPPLIERS PROVIDE OUR WEBSITE AND SERVICES ON AN "AS IS" BASIS AND
WITHOUT ANY WARRANTY OR CONDITON, EXPRESS, IMPLIED OR STATUTORY. TO THE EXTENT
PERMITTED BY LAW, WE AND OUR SUPPLIERS SPECIFICALLY DISCLAIM ANY IMPLIED
WARANTIES OF TITLE, MERCHANTABILITY FITNESS FOR A PARTICUALR PURPOSE AND
NON-INFRINGEMENT. Furthermore 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 our control.
To the extent that Bidbuysell and all affiliates and related entities of
Bidbuysell are able to limit the remedies available under this Agreement, and
subject to Clause10of this agreement and all affiliates and related entities on
Bidbuysell expressly limit their liability for breach of a non-excludable
condition or warranty implied by virtue of any legislation to the following
remedies (the choice of which is to be at Bidbuysell's sole discretion):
In the case of goods, any one or more of the following:
-
The replacement of the goods or supply of equivalent goods;
-
The repair of the goods
-
The payment of the cost of replacing the goods or of acquiring goods;
-
The payment of the cost of having the goods repaired; and
In the case of services:
-
The supply of the services again; or
-
The payment of the cost of having the services supplied again.
If you are a New Zealand resident and the New Zealand Consumer Guarantee 1993
applies to you, you agree that the provisions of the Consumer Guarantee will
not apply to the supply of Bidbuysell services or these terms.
(10) Liability Limit
10.1 IN NO EVENT SHALL WE, OUR AFFILIATES AND RELATED ENTITIES OR OUR SUPPLIERS
BE LIABLE FOR LOST PROFITS OR ANY SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES
ARISING OUT OF OR IN CONNECTION WITH OUR SITE, SERVICES OR THIS AGREEMENT
(HOWEVER ARISING, INCLUDING NEGLIGENCE). YOU AGREE TO ACCEPT SOLE
RESPONSIBILITY FOR THE LEGALITY OF YOUR ACTIONS UNDER THE LAWS WHICH APPPLY TO
YOU. YOU AGREE THAT BIDBUYSELL AND ALL AFFFILIATES AND RELATED ENTITIES OF
BIDBUYSELL HAVE NO RESPONSIBILITY FOR THE LEGALITY OF OUR MEMBERS' ACTIONS. TO
THE EXTENT PERMITTED BY LAW, OUR LIABILITY, AND THE LIABILITY OF OUR SUPPLIERS,
TO YOU OR ANY THIRD PARTIES IN ANY CIRCUMSTANCES 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. AUD $100.
10.2 Notwithstanding the above provisions, nothing in this Agreement in
intended to limit or exclude any liability on the part of Bidbuysell and its
affiliates and related entities where and to the extent that applicable law
prohibits such exclusion or limitation.
(11) Indemnity
You agree to indemnify and hold us and (as applicable) our parent,
subsidiaries, affiliates, officers, directors, agents, and employees, harmless
from and against any claims demands, proceedings, losses and damages (actual,
special and consequential) of every kind and nature, known and unknown,
including reasonable solicitors' fees, made by any third party due to or
arising out of your breach of this Agreement or the terms and policies it
incorporates by reference, or your violation of any law or the rights of a
third party.
(12) Legal Compliance
You shall comply with all applicable domestic (including common law) and
international laws, statues, ordinances and regulations regarding your use of
our services and your bidding on, listing, purchase, solicitation of offers to
purchase, and sale of items. Specifically, you must ensure that your
activities, items you list, and Your Information you post on our Site do not
violate the BROADCASTING SERVICES ACT 1992 (Cth), the PRACTICES ACT 1974(Cth)
and other relevant state-based fair trading legislation. For more information
about this legislation and other legislation which may apply to you please
refer to http://www.austlii.edu.au Notwithstanding the successful conclusion of
a transaction on our Site, you must ensure strict compliance with any
particular formalities which if not complied with, will either render a
transaction void or unlawful. YOU ALONE AND NOT BIDBUYSELL, ARE RESPONSIBLE FOR
CONFIRMING THAT YOUR ACTIVITIES ARE LAWFUL. YOU MUST ENSURE THAT YOU COMPLY
WITH ALL APPLICABLE LAWS. YOU MUST ALSO ENSURE THAT YOU COMPLY WITH ALL CLAUSES
OF THIS USER AGREEMENT AND THE PRIVACY POLICY INCORPORATED BY REFERENCE IN
THOSE DOCUMENTS.
(13) Arbitration
Any controversy or claim arising out of or in connection with this Agreement
may at our discretion be settled by binding arbitration by reference to a
commercial disputes centre. You agree to be bound y the ruling of the
arbitrator. The costs of the dispute are borne by the originator.
|
