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The following describes the terms on which Swapafrock.com.au offers you access to this service.
Welcome to Swapafrock.com.au User Agreement. This Agreement describes the terms and conditions that govern your use of this service at http://www.swapafrock.com.au/ (our "Site"). Before you may become a member of our Site you must read, agree with and accept all of the terms and conditions contained in this Agreement and Swapafrock.com.au’s policies, including its Privacy Policy. Each time you use our services you confirm your agreement to be bound by and acknowledge any changes to the Agreement (including the Policies).
We may amend the terms and conditions of this Agreement from time to time. Amended terms will be posted on our Site. If you do not agree with such changes to this Agreement (or any of our Policies), you must terminate your membership of Swapafrock.com.au.
If, after any such changes to this Agreement or any of our Policies you continue to be a member of our Site, you will be considered by us to have accepted the varied terms as part of the Agreement.
Membership Eligibility.
Swapafrock.com.au offers its services to its members. Membership is a privilege, not an entitlement, and Swapafrock.com.au may change its services and suspend, terminate or restrict your membership at any time if it believes that this is reasonably justified within the terms of this Agreement or any of its Policies. In the event that Swapafrock.com.au changes its services, suspends, terminates or restricts your membership in the circumstances outlined above or in this Agreement, you may not be able to access our services temporarily or permanently and you are prohibited from applying for a new account.
Our services are only available to, and may only be used by, individuals (that is, natural persons and not corporate entities) 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.
If you do not qualify, you must not use our services.
Your membership is not transferable. Your Swapafrock.com.au account (including feedback and associated member UserID) may not be dealt with in any way. In particular, you must not allow others to use them and must not transfer or sell them to another party. While you are a member you must maintain control of your account. You are responsible for what occurs on that account and must report any unauthorised use of your account or UserID to us.
Fees and Services.
By becoming a member you acknowledge that an annual membership fee will be invoiced. Should this fee not be received by the required date Swapafrock.com.au may terminate or restrict your membership.
Listing items on our Site is free. Any fees incurred through selling, purchasing or hiring of items on our Site remains the responsibility of the two parties (members).
You are responsible for paying all fees associated with using our services and our Site and all applicable taxes.
Unless otherwise stated, any fees are quoted in Australian Dollars.
Safe Trading.
Because user identification on the Internet is difficult, Swapafrock.com.au cannot and does not confirm each member's purported identity. Thus, we have established a member-initiated feedback system to help you evaluate the member you choose to deal with. We also encourage you to communicate directly with potential trading partners.
Release.
Swapafrock.com.au is not involved in the actual transaction between buyers and sellers, lenders and borrowers and to the extent permitted by law Swapafrock.com.au specifically disclaims all liability for any loss or damage, (actual, special, direct, indirect 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 your transaction.
Swapafrock.com.au is not involved with or a party to any transactions that take place between members. Swapafrock.com.au does not accept any liability in respect of your involvement in any mediation, arbitration, tribunal hearing, court proceeding or other proceedings (of whatever nature) with a buyer or a seller, lender or borrower (as the case may be) in any way arising out of or in any way connected with your transaction. Swapafrock.com.au may plead this Agreement in bar to any claim, action, proceeding or suit brought by you, against Swapafrock.com.au for any matter arising out of any Swapafrock.com.au transaction or otherwise in respect of this Agreement.
Information Control.
Communications received via this Site do not represent any endorsement, guaranteeor legitimisation of your transactions. You are responsible for completing all transactions you participate in (including monitoring their status and complying with all relevant legal obligations). Other members sometimes provide us with information about a transaction. We do not control, endorse or approve this information by making it available to you. You may find information posted by other members to be offensive, harmful, inaccurate, or deceptive. Please use caution and common sense, and practice safe trading when using our Site. Please note that there are risks in using our Site, including dealing with under age persons or people acting under false pretense. Additionally, there may be risks with international trading and dealing with foreign nationals.
Listing and Selling.
Listing Description. You must be legally able to sell any item you list for sale on our Site. You must describe your item fully and accurately and include 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, including any information that you are required to provide by any applicable law. The listing and the content of the listing must be your own work or work that you are legally entitled to use.
Binding Sales: If you are a seller you are obligated to complete the transaction
upon the item's completion, unless there is an exceptional circumstance, such as:
1. the buyer fails to meet the terms of your listing (such as payment method);
2. or you cannot authenticate the buyer's identity.
Fraud.
Without limiting any other remedies available to Swapafrock.com.au at law, in equity or under this Agreement, Swapafrock.com.au may, in its sole discretion, suspend or terminate your membership if we reasonably suspect or believe, or are informed by a government authority, that you (by conviction, settlement, insurance or escrow investigation, or otherwise in our sole discretion) have engaged or may engage in fraudulent activity using, or otherwise in connection with your use of our Site, and you will have no claim whatsoever against Swapafrock.com.au in respect of any such suspension or termination of your membership.
Infringement of Rights.
You must not, by any means, infringe the rights (including intellectual property rights) of others. Examples of prohibited conduct include listing or selling ‘knock offs' and counterfeit items regardless of how you describe them.
Manipulation.
You also must not, in any way, interfere with the listings of other members.
Your Information.
Definition. "Your Information" means any item you list as well as any information you give to us or other members in the registration or listing process, in any public message area or through any email feature. Your Information also includes the descriptions of items you list for sale or display on our Site, as well as any content you post on other web pages within our Site (including photographs or other images).
Restrictions. You are solely responsible for Your Information. We act as a passive conduit for your online distribution and publication of Your Information.
Your Information must not, in any way whatsoever, be potentially or actually harmful to Swapafrock.com.au or any third party, where "harm" includes, but is not limited to non-economic loss that will or may be suffered by Swapafrock.com.au. The Policies contain detailed statements of prohibited conduct relating to Your Information. Without limiting any provision of this Agreement, Your Information must be up to date and kept up to date and must not:
a. be false, inaccurate or misleading or deceptive;
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 intellectual property rights, rights of publicity, confidentiality or privacy;
d. violate any applicable law, statute, ordinance or regulation (including, but not limited to, those governing export and import control, consumer protection, unfair competition, criminal law, antidiscrimination and trade practices/fair trading laws);
e. be defamatory, libellous, threatening or harassing;
f. be obscene or contain any material that, in Swapafrock.com.au’s sole and absolute discretion, is in any way inappropriate or unlawful, including, but not limited to obscene, inappropriate or unlawful images and, if otherwise adult in nature, shall be distributed only to people legally permitted to receive such content.
g. contain any content that is prohibited or that, in Swapafrock.com.au's sole and absolute discretion, may be prohibited content for the purposes of the Broadcasting Services Act 1992 (Cth) (for more information about this legislation, please refer to the Internet Industry Association's Codes of Practice located at http://www.iia.net.au);
h. contain any malicious code, data or set of instructions that intentionally or unintentionally causes harm or subverts the intended function of any Swapafrock.com.au website, including, but not limited to viruses, Trojan horses, worms, time bombs, cancelbots, easter eggs or other computer programming routines that may damage, modify, delete, detrimentally interfere with, surreptitiously intercept, access without authority or expropriate any system, data or personal information;
i. create liability for us or cause us to lose (in whole or in part) the services of our ISPs or other suppliers; or
j. link directly or indirectly to or include descriptions of goods or services that:
i. are prohibited under this Agreement;
ii. are concurrently listed for sale on a web site other than Swapafrock.com.au.
License. Solely to enable Swapafrock.com.au to use the information you supply us with, so that we are not violating any rights you might have in that information (including any intellectual property rights), you agree to grant us a non-exclusive, worldwide, perpetual, irrevocable, royalty-free, sublicensable (through multiple tiers) right to do and authorise the doing of all acts comprised in the copyright and to exercise the 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. Swapafrock.com.au will only use Your Information in accordance with our Privacy Policy. We need this to use and display your content.
Breach.
WITHOUT LIMITING OTHER REMEDIES AVAILABLE TO SWAPAFROCK.COM.AU AT LAW, IN EQUITY OR UNDER THIS AGREEMENT, WE MAY, WITHOUT NOTICE TO YOU AND IN OUR SOLE DISCRETION (WHICH SHALL BE EXERCISED REASONABLY, HAVING REGARD TO THE CIRCUMSTANCES), DELAY LISTING YOUR ITEM, ISSUE YOU A WARNING, RESTRICT YOUR ACTIVITIES THROUGH OUR SITE (INCLUDING BUT NOT LIMITED TO BUYING, SELLING, LENDING AND BORROWING), TEMPORARILY SUSPEND, INDEFINITELY SUSPEND OR TERMINATE YOUR MEMBERSHIP AND REFUSE TO PROVIDE OUR SERVICES TO YOU IF:
a. you have, or we believe that you have, breached this Agreement, which includes any of our Policies in any way.
b. we are unable to verify or authenticate any information you provide to us;
c. we believe that your actions may cause loss or damage to or otherwise unlawfully harm you, our members, third parties or us, our related bodies corporate or affiliates, our directors, employees or agents; or
d. if we reasonably believe that any of Your Information (which includes an item listed on the Site) is inappropriate or of an offensive nature.
Indemnity
You agree to indemnify and hold us and (as applicable) our related entities, affiliates, and our and their respective officers, directors, agents, and employees, harmless from and against any and all claims, demands, proceedings, losses and damages (actual, special and consequential) of every kind and nature, known and unknown, including reasonable legal fees, made by any third party due to or arising out of your breach of this Agreement or your violation of any law or the rights of a third party.
Legal Compliance.
In addition to this Agreement, you must familiarise yourself with, and comply with the Policies, domestic laws (including common law) international laws, statutes, ordinances and regulations regarding your use of our services including bidding on, listing, purchase, solicitation of offers to purchase, and sale of items. In particular, you must ensure that your activities, items you list (which is part of Your Information), and the balance of Your Information do not violate the Broadcasting Services Act 1992 (Cth), the Trade 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, you may wish to refer to http://www.austlii.edu.au.
YOU ALONE, AND NOT SWAPAFROCK.COM.AU, ARE RESPONSIBLE FOR ENSURING THAT YOUR LISTING, HIRING, SELLING AND ANY OTHER ACTIVITIES CONDUCTED ON OUR SITE ARE LAWFUL. YOU MUST ENSURE THAT YOU COMPLY WITH ALL APPLICABLE LAWS IN AUSTRALIA AND OTHER COUNTRIES. YOU MUST ALSO ENSURE THAT YOU STRICTLY COMPLY WITH THIS AGREEMENT AND THE POLICIES WHICH FORM PART OF THE AGREEMENT.
An Important Note About Children.
Children (persons under the age of 18 years) are not eligible to use our services unsupervised and we ask that children do not submit any personal information to us. If you are under the age of 18 years, you can use this service only in conjunction with and under the supervision of your parents or guardians.
Information We Collect
Our primary purpose in collecting personal information is to provide you with a smooth, efficient, safer and customised experience. This allows us to provide services and features that most likely meet your needs, and to customise our services to make your experience safer and easier. We only collect personal information about you that we consider necessary for this purpose and to achieve this goal.
To fully use our services, you will need to register using our online registration form, where you will be required to provide us with your contact information and other personal information. You are also required to provide us with a User ID. Under some circumstances we may require some additional necessary financial information, such as, but not limited to: if you are registering using an email account at a free email service, or registering to sell on our Site. We may use your financial information, including PayPal account information and credit card information to verify your name, address, and other contact information, as well as to bill you for your use of our services.
Legal Requests.
Swapafrock.com.au may lawfully disclose your personal information for law enforcement or regulatory purposes. Swapafrock.com.au cooperates with law enforcement inquires and other third parties to enforce laws, intellectual property and other rights. We can (and you authorise us to) disclose any information about you to law enforcement or other governmental officials as we, in our sole discretion, believe necessary or appropriate in connection with an investigation of fraud, intellectual property infringements, piracy or other activity that is illegal or may expose us to legal liability. Further, we can (and by becoming an Swapafrock.com.au member you authorise us to) disclose your UserID, name, street address, city, state, post code, country, phone number, email and company, in our sole discretion, believe necessary or appropriate, in connection with an investigation of fraud, intellectual property infringement, piracy or other activity that may expose us to legal liability.
Your Use of Other Users' Information.
In order to facilitate interaction among all members, our service allows you limited access other users' contact information. As a seller/lender you have access to the User ID, email address and other contact information of the buyer/borrower, and as a buyer you have access to the User ID, email address and other contact information of the seller.
By entering into our User Agreement, you agree that, with respect to other users' personal information that you obtain through the Site, Swapafrock.com.au hereby grants to you a license to use such information only for:
Control of Your Password
You are responsible for all actions taken with your User ID and password, including fees. Therefore we do not recommend that you disclose your Swapafrock.com.au password to any third parties. If you choose to share your User ID and password or your information with third parties to provide you additional services, you agree that you are responsible for all actions taken with your User ID and password and therefore you should review that third party's privacy policy. If you lose control of your password, you may lose substantial control over your personal information and may be subject to legally binding actions taken on your behalf. Therefore, if your password has been compromised for any reason, you should immediately change your password as detailed in Section 8.
Accessing, Reviewing and Changing Your Personal Information
You must promptly update your personal information if it changes. Once posted, you cannot change or remove any public postings made in our chat rooms or other message areas or the feedback area.
Notice
We may change this Privacy Policy from time to time based on your comments and our need to accurately reflect our data collection and disclosure practices. All changes to this policy are effective after we provide you with at least thirty (30) days' notice of the changes by posting the changes on our Site
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