Terms and Conditions of UsePrivateSell.com.au PrivateSell.com.au
("Site" or "Company") offers you a wide range of products and services ("Materials"
or "Services") via this web site. Please review the following terms that govern
your use of the Site. Please be advised that your use of this web site constitutes
your agreement to follow and be bound by the following Terms and Conditions.
Attention:
This Site and these Terms and Conditions may be changed by PrivateSell.com.au
with or without notice. Please review this link on a regular basis for changes.
Continued use of this web site following any change constitutes your acceptance
of the change.
Terms and Conditions
USES OF THE WEB
SITE. The Web Site may be used only for lawful and proper purposes. Provided
that you otherwise fully comply with the provisions of these Terms and Conditions,
the Company authorises you to view, download and print out a single copy of any
material on the Web Site, solely for your personal, non-commercial use. The content
of the Web Site, including but not limited to text, graphics, images, sounds,
music, button icons,logos, software, individual screen displays, operational characteristics
and functionalities, machine-readable code (Object Code), HTML code (collectively,
the "Materials"), human-readable code (Source Code), are protected under Australian
and international copyright, trademark and other laws. All Materials are the property
of the Company or its content suppliers or clients. The compilation (meaning the
collection, arrangement and assembly) of all content on the Web Site is the exclusive
property of the Company and protected under Australian and international copyright
laws. Unauthorised use of the Web Site and/or the Materials may violate copyright,
trademark, and other laws, and is a breach of these Terms and Conditions. You
may not remove or obscure any copyright, trademark, service-mark or other proprietary
notice contained in any Materials on any copy you make of such Materials. Unless
otherwise specified herein, you may not modify, print out, distribute, transmit,
publicly display, publicly perform, communicate to the public, reproduce, publish,
license, create derivative works from, transfer or sell any of the Materials.
The use of any of the Materials on any other web site or in a networked computer
environment for any purpose is prohibited.
PROHIBITED USES OF THE WEB
SITE. You agree to use the Web Site only to upload, post, send and
receive content that is legal and proper and related to the purpose of the Web
Site. By way of example, and not as a limitation, you agree that when using the
Web Site, you will not: Upload, post, send or receive any content, or otherwise
use the Website, in violation of any applicable law or regulation. Upload, post,
send or receive any content, or otherwise use the Website in a manner that will
infringe the copyright, trademark, trade secret or other intellectual property
rights of others, or violate the privacy, publicity or other personal rights of
others. Upload, post, send, or receive any content or information that is defamatory,
obscene, indecent, sexually explicit, threatening, abusive, hateful, harassing
or embarrassing to another user or to any other person or entity. Upload, post
or send any incomplete, false, inaccurate or misleading information. Upload, post
or send any franchise, pyramid scheme, "club membership," distributorship or sales
representative agency arrangement or other business opportunity that requires
an up-front or periodic payment, pays commissions only (no significant salary),
requires recruitment of other members, sub-distributors or sub-agents. Impersonate
another person, firm or corporation. Send unsolicited e-mail, including promotions
and/or advertising of products or services. Delete or revise any material uploaded
or posted by any other person or entity. Attempt to interfere with service to
any user, host or network, including, without limitation, by means of uploading,
posting or sending any viruses, Trojan horses, worms, time bombs, cancelbots or
other computer programming routines or engines that are intended to damage, interfere
with, surreptitiously intercept or expropriate any system, data or information,
including by overloading,"mailbombing" "flooding," "crashing” or "spamming," it.
Use any device, software or routine to interfere or attempt to interfere with
the proper working of the Web Site or any activity being conducted on the Web
Site. Take any action that imposes an unreasonable or disproportionately large
load on the Web Site's infrastructure. If you have a password that allows access
to any non-public area of the Web Site, disclose to or share your password with
any third party or use your password for any unauthorised purpose. Use or attempt
to use any engine, software, tool, agent or other device or mechanism (including
without limitation browsers, spiders, robots, avatars or intelligent agents) to
navigate or search the Web Site other than the search engine and search agents
available from the Company on the Web Site and other than generally available
third-party web browsers (e.g., Netscape Navigator, Microsoft Explorer). “Data
mine.” Attempt to decipher, decompile, disassemble or reverse engineer any of
the software comprising, or in any way making up, any part of the Web Site. Forge
any TCP/IP packet header or any part of the header information in any e-mail or
newsgroup posting. Access any content not intended for your use or log into a
server or account that you are not authorised to access. Attempt to probe, scan
or test the vulnerability of a system or network or to breach security or authentication
measures without proper authorization. Actions that contravene these prohibitions
or that otherwise compromise the security of the Web Site or the Company’s system
or network may result in civil or criminal liability. The Company will investigate
suspected compromises of its security, may take any action it deems necessary
or appropriate in response to any contravention of these prohibitions or in response
to security compromises, and may cooperate with law enforcement authorities in
prosecuting users who are involved in such compromises and/or violations.
USER REGISTRATION AND PASSWORD. You are responsible for maintaining
the confidentiality of any password you may receive. You are responsible for all
uses of your password, whether or not authorised by you. You agree to notify the
Company immediately of any unauthorised use of your password. LINKING.
The Web Site contains links to third-party web sites. These links are provided
as a convenience to you. The Company does not control and is not responsible for
the content of third-party web sites to which the Web Site may be linked, and
does not make any representations regarding the accuracy, copyright compliance,
legality or decency of any of the content or other materials on such third-party
web sites. The Company encourages you to exercise discretion while browsing the
Internet and the Web Site. If you decide to access linked third-party web sites,
you do so at your own risk. USER INFORMATION. The terms and
conditions applicable to any information you provide to the Company or that the
Company collects about your use of the Web Site are set forth in the Company’s
Privacy Policy, which is incorporated herein by reference. USER SUBMISSIONS.
You are solely responsible for the form and accuracy of any content or
other communications you upload, post or send to or through the Web Site. The
Company is under no obligation to upload, post or send any material you submit
for such purpose or any purpose, and may remove any such material at any time
in the Company’s sole discretion. No compensation will be paid to you with respect
to any content or communication that you submit to the Web Site. The Company acts
as a passive venue for the online display, transmission and distribution of user-submitted
content and communications and has no obligation to and takes no responsibility
for screening, monitoring or reviewing any such materials. The Company does not
vouch for or guarantee the truthfulness, accuracy, or reliability of any user-submitted
content or communications. You acknowledge that any reliance you place on such
material will be at your The Company reserves the right to review and remove,
or take any other action with respect to user-submitted content and communications
that it deems necessary or appropriate in its sole discretion. The Company has
no liability or responsibility to users for performance or nonperformance of any
such actions. The Company also reserves the right to expel users and prevent their
further access to the Web Site for violating either the letter or the spirit of
these Terms and Conditions or violating any applicable law or regulation. By submitting
content to any public or non-public area of the Web Site, you grant the Company
and its affiliates the royalty-free, perpetual, irrevocable, sublicenseable (through
multiple tiers), non-exclusive, worldwide right (including any moral rights) and
license to use, reproduce, modify, adapt, publish, translate, create derivative
works from, distribute, communicate to the public, publicly perform and publicly
display (in whole or in part), and/or to incorporate such content in other works
in any form, media, or technology now known or later developed, for the full term
of any rights that may now or ever exist in such content. You also warrant that
the holder of any rights, including moral rights in such content, has completely
and effectively waived all such rights and validly and irrevocably granted to
you the right to grant the license referred to above. You also hereby grant to
any user of the Web Site the right and authority to access, display, view, store
and reproduce such content for personal, noncommercial use. Subject to the foregoing,
the owner of such content placed on the Web Site retains any and all rights that
may exist in such content. THE COMPANY'S LIABILITY. Because
user authentication on the Internet is difficult, the Company cannot and does
not confirm that each user is who they claim to be. Because we do not and cannot
be involved in user-to-user dealings or control the behavior of participants on
the Web Site, in the event that you have a dispute with one or more users, you
release the Company (and our agents and employees) from any and all claims, demands
and damages (actual and consequential, direct and indirect) 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. We are under no legal
obligation to, and generally do not, control the content or communications provided
by other users, which is made available through the Web Site. By its very nature,
other user's content and communications may be offensive, harmful or inaccurate,
and in some cases will be mislabeled or deceptively labeled. We expect that you
will use caution and common sense when using the Web Site. The Materials may contain
inaccuracies or typographical errors. The Company makes no representations about
the accuracy, reliability, completeness, or timeliness of the Web Site or the
Materials. Your use of the Web Site and the Materials is at your own risk. THE
COMPANY DOES NOT WARRANT THAT THE WEB SITE WILL OPERATE ERROR-FREE OR THAT THE
WEB SITE AND ITS SERVER ARE FREE OF COMPUTER VIRUSES OR OTHER HARMFUL MECHANISMS.
IF YOUR USE OF THE WEB SITE OR THE MATERIAL RESULTS IN THE NEED FOR SERVICING
OR REPLACING EQUIPMENT OR DATA, THE COMPANY IS NOT RESPONSIBLE FOR THOSE COSTS.
The Company does not represent or endorse the accuracy or reliability of
any of the materials contained on, distributed through, or linked, downloaded
or accessed from any of the services contained on the Web Site, nor the quality
of any products, information or other materials displayed purchased, or obtained
by you as a result of any advertisement or other information or offer on or in
connection with the Web Site (the “Products”). You hereby acknowledge that any
reliance you place upon any Products shall be at your sole risk. The Company
reserves the right, in its sole discretion and without any obligation, to make
changes to, or correct any error or omissions in any portion of the Web Site,
the Materials and/or the Products. THE WEB SITE, THE MATERIALS AND THE
PRODUCTS ARE PROVIDED ON AN "AS IS" BASIS WITHOUT ANY WARRANTIES OF ANY KIND.
THE COMPANY, TO THE FULLEST EXTENT PERMITTED BY LAW, DISCLAIMS ALL WARRANTIES,
WHETHER EXPRESS OR IMPLIED, INCLUDING THE WARRANTY OF MERCHANTABILITY, FITNESS
FOR PARTICULAR PURPOSE AND NON-INFRINGEMENT. THE COMPANY MAKES NO WARRANTIES ABOUT
THE ACCURACY, RELIABILITY, COMPLETENESS, OR TIMELINESS OF THE WEB SITE, THE MATERIALS,
THE PRODUCTS AND/OR ANY LINKS. DISCLAIMER OF CONSEQUENTIAL DAMAGES. TO THE FULLEST
EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL THE COMPANY, ITS SUPPLIERS,
OR ANY THIRD PARTIES MENTIONED ON THE WEB SITE BE LIABLE FOR ANY INDIRECT, INCIDENTAL,
CONSEQUENTIAL, EXEMPLARY, SPECIAL OR PUNITIVE DAMAGES (INCLUDING WITHOUT LIMITATION
ANY DAMAGES RESULTING FROM LOST PROFITS, LOST DATA OR BUSINESS INTERRUPTION) ARISING
FROM OR RELATING TO THE USE OR INABILITY TO USE THE WEB SITE AND THE MATERIAL,
WHETHER BASED ON WARRANTY, CONTRACT, TORT, OR ANY OTHER LEGAL THEORY, AND WHETHER
OR NOT THE COMPANY IS ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. LIMITATION
OF COMPANY’S LIABILITY. The aggregate liability of the Company to you
for all claims arising from the Web Site and/or the use of the Materials or Products
is limited to $0.10 TERMINATION. The Company reserves the
right, at its sole discretion, to pursue all of its legal remedies, including
but not limited to deletion of your postings from this Web Site and immediate
termination of your registration with or ability to access the Web Site and/or
any other service provided to you by the Company, upon any breach by you of these
Terms and Conditions or if the Company is unable to verify or authenticate any
information you submit to the Web Site. INDEMNIFICATION. You
agree to defend, indemnify, and hold harmless the Company, its officers, directors,
employees, agents, customers and clients from and against any claims, actions
or demands, including without limitation reasonable attorney and accounting fees,
resulting from or arising out of any content or communications you post or transmit
through the Web Site, your use of the Web Site, the Materials or the Products,
or your violation of the terms of these Terms and Conditions. The Company shall
provide notice to you promptly of any such claim, action or demand and may, in
Company’s sole discretion, assist you, at your expense, in its defense or settlement.
GENERAL. EXCEPT AS EXPRESSLY PROVIDED IN ADDITIONAL AREAS
OF THE SITE THESE TERMS AND CONDITIONS CONSTITUTE THE ENTIRE AGREEMENT BETWEEN
YOU AND THE COMPANY WITH RESPECT TO ITS USE. REVISIONS TO THESE TERMS AND CONDITIONS
SHALL BE IMMEDIATELY ANNOUNCED IN THIS DOCUMENT. IF THESE TERMS AND CONDITIONS
ARE NOT ACCEPTABLE IN FULL, YOU MUST IMMEDIATELY TERMINATE YOUR USE OF THIS SITE. The
Company makes no claims that the Web Site, the Materials and/or the Products may
be lawfully accessed, viewed or downloaded outside of the Australia. Any such
use of the Web Site, the Materials and/or the Products may not be lawful by certain
persons or in certain territories. If you access any of these from outside of
the Australia, you do so at your own risk and are responsible for compliance with
the laws of whatever jurisdiction you are in at the time. We invite you
to bring to our attention any material on our site that you believe to be inaccurate.
Please forward a copy of the material to PrivateSell.com.au
, along with an explanation of your objection. APPLICABLE LAWS. These
Terms and Conditions are governed by laws of Australia, without regard to its
conflict of laws principles. You hereby consent to the exclusive jurisdiction
and venue of the state and federal courts within Australia, for any claims arising
out of or relating to your use of the Web Site, the Materials, the Products, and/or
these Terms and Conditions. If any provision of these Terms and Conditions is
found to be invalid or unenforceable by any court having competent jurisdiction,
then the invalid or unenforceable provision will be deemed superseded by a valid
and enforceable provision that most closely matches the intent of the original,
and the remainder of the agreement shall remain in full force and effect. No waiver
of any term of these Terms and Conditions shall be deemed a further or continuing
waiver of such term or any other term. Except as expressly provided in additional
terms of use for areas of the Web Site, a particular "Legal Notice," or Software
License, these Terms and Conditions constitute the entire agreement between you
and the Company with respect to your use of the Web Site, the Materials and/or
the Products. No changes to these Terms and Conditions shall be made except by
a revised posting on this page. ADDITIONAL TERMS OF USE. Certain
areas of this Web Site may be subject to additional terms of use. By using such
areas, or any part thereof, you agree to be bound by the additional terms of use
applicable to such areas. In the event that any of the additional terms of use
governing such areas conflict with the Terms and Conditions contained herein,
these Terms and Conditions shall control.
If you have any questions regarding
the Terms and Conditions for this web site, please contact PrivateSell.com.au
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