Terms and Conditions
The following terms and conditions govern the Services that we offer at the site.
Please read our terms and conditions of use carefully. If you proceed to access and use this site, you are consenting to be bound by these terms and conditions of use, as amended and varied by us from time to time.
- These terms and conditions set out what you must do and what you must not do when using the service. It also sets out our obligations to you. If you breach any of these conditions, we may decide not to allow you to use the service, or claim damages against you. However, we do not intend to act unreasonably. Please take time to read these terms and conditions and make sure you understand them. If you have any questions, please contact us at email@example.com
- If any of these terms and conditions are held to be invalid, unenforceable or illegal for any reason, despite this the remaining terms and conditions will continue in full force.
- If you provide us with Personal Information, you may receive from time to time, telephone calls, emails including our email newsletters or direct marketing containing promotional material. You agree to receiving emails and SMS from us including information not only on the areas of interest you have indicated but all types of news and information on our other services and products. If you do not want to receive them, please contact us. You may be asked to indicate your preference to receiving promotional material, when submitting information to us.
- This site may contain links to other websites. Those links 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 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 by us to the contrary.
- A reference in these terms and conditions to dollars or $ is to Australian dollars.
2. Use of the Service
- The Service is provided to you personally. When using the Service, you must not re-sell access to the Service to another person or make commercial use of the Service
- Without limiting any other remedies available to us, we may suspend or terminate your account if we reasonably suspect that you may have engaged in fraudulent activity in connection with the site.
- You must not disclose or share your password to or with any third parties or use your password for any unauthorised purpose.
- You will not store, reproduce, modify, transmit, display, perform, distribute, communicate to the public or otherwise make available this service or any of its content in any form for any purpose other than as allowed by these terms and conditions.
- You will not attempt to gain unauthorised access to this site or computer systems or networks connected to this site by any means used to circumvent security procedure, including but not limited to by hacking or password or data mining.
- You will not use any robot, spider, scraper or other automated means to access this site for any purpose without our express written permission.
- You will not use this site in any manner that could damage, disable, overburden or impair it or any service we provide or interfere with any other party’s use and enjoyment of this site.
- You will not interfere with or disrupt the operation of this site or its contents.
- You will not, except in circumstances where you provided the content into the service in first instance, copy, reproduce, modify, create derivative works from, distribute, or publicly display any content from this website without our prior written permission and the appropriate third party (if applicable).
- While information provided through this Service is believed to be correct at the time of inclusion, this Service and its contents are provided to you on an "as is" and "as available" basis. The information on this site is liable to change and although we attempt to ensure that the content is current we do not guarantee its currency. You accept that we make no warranties or representations, express or implied, in relation to this site or its contents.
- We reserve the right, but are not obligated, to discontinue, change, improve or correct the information on this site and to suspend or deny access to this website for scheduled or unscheduled maintenance, upgrades, improvements or corrections.
4. Intellectual Property
- This website and its contents are protected by Intellectual Property Rights (including a pending patent) which are and will at all times remain owned, controlled or licensed by or to us and you are not entitled to exercise or benefit from such rights.
- Where you provide content to the website, you grant us a non-exclusive, royalty free right to use the content for the purpose of providing the Service and for any related purposes in connection with this agreement.
- Where you have provided content to us, you warrant to us that you are the owner or licensee of the Intellectual Property Rights in that content, and are entitled to supply that content to us in accordance with these terms and conditions, and that our use of the content will in no way:
- infringe the Intellectual Property Rights of, or be a breach of confidentiality owed to any person; or
- breach or cause us to be in breach of any obligation under the Privacy Act.
- We permit you to print or download extracts from this website for your personal use only. None of this material may be used for any commercial or public use, stored in or transmitted to any other website or distributed in any form without our prior written permission.
5. Suspension from use of service
We may refuse you the right to use the Service if you:
a. give information which is untrue, inaccurate or incomplete; or
b. have engaged in any form of bid manipulation or dummy bidding. In those circumstances you will be permanently terminated from the Service.
We may at our discretion suspend, cancel or terminate your access to the Service for any reason including, without limitation, if you breach or fail to observe these terms and condition. We will exercise our discretion reasonably.
If we suspend your access to the Service, you may not join us again.
6. False or Misleading Conduct
a. It is illegal to use a false name to use the Service or to register to bid with an invalid or stolen credit card, even if our software initially accepts it. We intend to refer fraudulent users to the police and to your Internet Service Provider.
b. You may be sued for any losses suffered by any person arising out of any bid manipulation or illegal action.
7. Our rights upon breach by you
a. We may immediately issue a warning, temporarily suspend, indefinitely suspend or terminate your account if you breach the terms and conditions or if we are unable to verify or authenticate any information you provide to us.
b. Under the Australian Consumer Law, consumers have certain rights which cannot be excluded, including guarantees as to the acceptable quality and fitness for purpose of goods and services. Nothing in these terms and conditions will be read or applied so as to exclude, restrict or modify or have the effect of excluding, restricting or modifying any condition, warranty, guarantee, right or remedy implied by law (including the Australian Consumer Law) and which by law cannot be excluded, restricted or modified.
8. Liability and indemnities
8.1 Our liability to you
a. We provide the site and the Service without any express or implied warranty or condition concerning the capacity or availability of the site or the Service.
b. We are not liable for any special, incidental or consequential damages (however arising, including negligence) arising out of or in connection with the delivery of the Service
c. We do not guarantee continuous, uninterrupted or secure access to the service. Operation of the site may be restricted by factors outside of our control or during maintenance.
d. You acknowledge that the internet can be an unstable and, sometimes, insecure environment.
e. We cannot guarantee that we will notice or be able to prevent any illegal or inappropriate use of the site.
f. We cannot guarantee the preservation of any record, particularly after the provision of the Service to you has been suspended, cancelled or terminated and may delete information at our sole discretion and without notice to any person.
g. Subject only to the Australian Consumer Law, if a term, condition or warranty is implied by law into contracts for the sale of services (implied term) and, by law, cannot be excluded but can be limited, we limit our liability to you for breach of that implied term to (at our election) the re-supply of the Services, or payment of the cost of re-supplying the Services.
8.2 Your indemnities to us
To the extent permitted by law and without prejudice to any of your rights under Australian Consumer Law:
a. you waive, release, discharge and relinquish any and all claims that you now have or may have against us, our affiliates, subsidiaries, parents, shareholders, directors, officers, employees, agents and representatives which are connected with, arise out of, relate to or are incidental to the use of the Service;
b. you agree to indemnify and defend us, our affiliates, subsidiaries, parents, shareholders, directors, officers, employees, agents and representatives (the Indemnified Parties) harmless from and against any and all claims, loss, damage, tax, liability and/or expense that may be incurred by the Indemnified Parties arising out of or in connection with the performance of their obligations as described in the terms and conditions including the legal costs, fees and expenses of defending ourselves against any claim by any or all of the parties to any transaction and/or by any other person and/or as a result of your negligent act or omission on a full indemnity basis;
c. you further agree to indemnify and hold us, and the Indemnified Parties harmless from any claim or demand, including legal fees on a full indemnity basis), made by any third party due to or arising out of a breach of the terms and conditions by you; and
d. you indemnify us for any infringement by you, or other user of the Service using your user name and password, of any Intellectual Property Rights or other rights of any person or entity.
9. National Credit Code Excluded
You acknowledge that:
a. you are not an associate or related body corporate or related party or related entity of ours (as such terms are defined in the Corporations Act 2001 (Cth)); and
b. the National Credit Code does not apply to these terms and conditions.
10. Insolvency event
If, at any time:
a. you believe that you may be unable to perform or comply with your obligations under these terms and conditions;
b. you are or become insolvent or you have an administrator appointed; or
c. there is a change or a change is proposed to your shareholding, shareholders or directors,
you agree that:
a. you will immediately notify us that one or more of the above notifiable events has occurred and you will keep us notified on a monthly basis until such notifiable event no longer exists; and
b. we have no obligation to you and will terminate your membership status while a notifiable event exists.
For the purpose of these terms and conditions, you are insolvent if:
a. a receiver or receiver and manager or an agent for a mortgagee in possession has been appointed over all of your assets and undertakings;
b. you have passed an effective resolution for your voluntary winding-up;
c. an order has been made by a Court of competent jurisdiction for you to be wound up;
d. a compromise arrangement (excluding a voluntary administration) has been made legally binding on you and your creditors;
e. you have presented a debtor’s petition and it has been accepted by the Registrar in Bankruptcy;
f. you have entered into a composition, deed of assignment or deed of arrangement under Part X – Personal Insolvency Agreements, of the Bankruptcy Act 1966 (Cth) (or equivalent) with your creditors; or
g. a legally binding sequestration order has been made against your estate.
In this clause:
a. GST means any form of goods and services tax payable under the GST Legislation;
b. GST Legislation means the A New Tax System (Goods and Services Tax) Act 1999 (Cth);
c. Taxable Supply has the meaning given to the term “taxable supply” in the GST Legislation; and
d. terms that are not defined in these terms and conditions but are defined in the GST Legislation have the meaning given to them in the GST Legislation.
12.2 Consideration is GST-exclusive
Unless otherwise specified, all amounts payable under these terms and conditions are exclusive of GST and must be calculated without regard to GST.
12.3 GST payable on taxable supply
a. If a supply made under these terms and conditions is a Taxable Supply, the recipient of that Taxable Supply (Recipient) must, in addition to any other consideration pay to the party making the Taxable Supply (Supplier) the amount of GST in respect of the supply.
b. The Recipient will only be required to pay an amount of GST to the Supplier if and when the Supplier provides a valid tax invoice to the Recipient in respect of the Taxable Supply.
c. If there is an adjustment to a Taxable Supply made under these terms and conditions then the Supplier must provide an adjustment note to the Recipient.
d. The amount of a party’s entitlement under these terms and conditions to recovery or compensation for any of its costs, expenses or liabilities is reduced by the input tax credits to which that party is entitled in respect of those costs, expenses or liabilities.
13. Governing Law
These terms and conditions are governed by and will be construed according to the law of Australia and are subject to the jurisdiction of the courts of Australia.