1 Trading Post® buying and selling terms
1.1 Transactions between sellers and buyers
We are not involved in the actual transactions between sellers and buyers. We are merely a passive conduit for the distribution and publication of information about items advertised for sale. As a result, we have no control over and, to the extent permitted by law, make no warranties in relation to the suitability, quality, safety or legality of any items advertised for sale on the TP site, the accuracy or truth of any advertising listings on the TP site or the ability of sellers and buyers to actually enforce or complete a transaction.
1.2 Placing an ad
(a) If you place an advertisement (“ad”) on the TP site you must also comply with our Rules for ad details.
(b) To the extent that you are legally able to, you hereby assign to us all copyright in your ad and any content you provide to us ("Your Content").
(c) You grant us and our related bodies corporate (including Sensis Pty Ltd) a royalty free licence to use, reproduce, modify, adapt and sub-license your ad and Your Content (to the extent that it is not owned by us under paragraph (b)) for the purposes of providing your ad and Your Content in any other directory, product, service or marketing material provided or used by us, our related bodies corporate or by a third party to which we syndicate your ad or Your Content. You agree that this agreement applies to the inclusion of your ads and Your Content in those other directories, products, services and marketing materials.
(d) You agree that we may transfer, assign, subcontract or novate any or all of our rights and/or obligations under this agreement, and any other agreement between you and us which includes or incorporates these Terms, at our absolute discretion and without prior notice to you, to any third party whom we reasonably consider will be able to carry out our obligations and deliver any services you are entitled to under this agreement.
(e) You give your irrevocable consent to Telstra in its absolute discretion reproducing, publishing, copying, adapting, performing, communicating, showing or exhibiting in or to the public, materially distorting, destroying, mutilating, altering or in any other way changing or otherwise using the your ads and Your Content, (or a substantial part or adaptation of it):
(i) with or without attribution of authorship;
(ii) with or without any other materials comprised in the Work;
(iii) with or without any other text, data, title, sounds or images (whether animated or not);
(iv) with no title, the same title, or any other title;
(v) in any medium; and
(vi) in any context,
in any way it sees fit.
(f) Videos attached to Trading Post advertisements will be uploaded to YouTube and be available to be viewed from a link in your advertisement. We reserve the right to remove your videos, remove access from the Site to your videos or remove any links to your videos, at any time, with or without reason.
(h) You acknowledge that:
(i) even if we remove your videos, remove access from the Site to your videos or remove any links to your videos, those videos may remain available on YouTube; and
(ii) it may be possible for persons to view your videos directly from the YouTube site without such persons seeing your ad.
1.3 Minimum age and legal rights to sell, buy or post comments
(a) You must be at least 18 years of age to place an ad with us, or buy an item via the TP site, or submit any questions, responses or comments (“Posts”) on the TP site.
(b) If you are a seller you must be legally able to sell the item you are advertising.
1.4 Usage rules
(a) You warrant to us that you will not use the TP site for any purpose (including if you are a seller, placing an ad) that is unlawful or prohibited by the Terms.
(b) You must not:
(i) data mine or conduct automated searches on the TP site or the content on the TP site, whether through the use of additional software or otherwise;
(ii) incorporate any of the content on the TP site with any other material, including advertising or promotional material;
(iii) create HTTP links from the TP site to any other website on the Internet;
(iv) use the TP site or any facilities available on the TP site (including discussion forums) for any activities (including placing an ad), or transmit to or via the TP site any information or material (including Posts), which:
(A) breaches any laws or regulations;
(B) breaches the Terms;
(C) infringes a third party's rights (including intellectual property rights and rights of privacy) or misuses another person’s confidential information;
(D) is inappropriate, offensive, obscene, threatening, indecent, menacing, inflammatory, pornographic, defamatory, discriminatory, harasses any person or otherwise inhibits others from using or enjoying any of our sites (including discussion forums);
(E) breaches the Member Communications Policy;
(F) is false or misleading;
(G) is an unsolicited commercial electronic message;
(H) impersonates another person (for example, by pretending to be someone else when you submit a Post or register as a member) or uses another user’s “My Trading Post” account without permission; or
(I) identifies a person or which can be used to identify a person (including any copy, photos or other pictorial representations) unless you have obtained that person's authority;
(v) make unauthorised modifications to the content on the TP site;
(vi) knowingly transmit any virus, worm, Trojan horse or other disabling feature to or via the TP site; or
(vii) attempt to do, or permit another person to do, any of the above acts.
(c) You may only buy or sell using the TP Site if you reside in Australia.
(d) It is your responsibility to notify us upon the sale of the item in your ad to ensure that the ad is removed from the TP site and that you are no longer charged for your ad.
1.5 Our right to alter or withdraw your material
We may withdraw or alter any material you provide us (including any Posts you submit and if you are a seller, your ad) if:
(a) we reasonably consider it is inappropriate, offensive, misleading or deceptive, defamatory, incorrect or in any other way in breach of the Terms (including any rules, guidelines or policies), any law or third party rights; or
(b) we are instructed to do so by any third party; or
(c) otherwise in accordance with our Intellectual Property Protection Policy, as amended from time to time.
We also reserve the right to select, edit, condense, determine the duration of, change the nominated "category" of, withdraw or refuse your ad.
We will try to tell you if we withdraw or alter any material you provide us. If you are a seller and we withdraw or alter your ad other than as a result of a material breach of these Terms or in accordance with this section 1.5 the cost of your ad would be lower as a result, we will refund you the difference.
1.6 Transacting online with "Buy Now"
Please note: "Buy Now" ads are being phased out.
- From 11 July 2012, it is no longer possible to place new "Buy Now" ads.
- From 1 August 2012, all remaining "Buy Now" ads will be transitioned to Classified ads and there will be no "Buy Now" ads listed on Tradingpost.com.au.
(a) Subject to clause 1.6(c), if you are a registered seller or buyer, until 1 August 2012 you may use the “Buy Now” selling method to enter into transactions with other registered users on-line via this TP site.
(b) Buy Now - Sellers can use the “Buy Now” selling method to advertise items at a fixed price and buyers can purchase the items at this fixed price via the TP site. The transaction is notified to both the seller and buyer through their "My Trading Post" accounts and via email and then the seller and buyer contact each other to organise payment and delivery. As a buyer, when you click on the "Commit to Buy" button, you are committing to enter into a legally binding contract to purchase the item from the seller. We recommend that you read the full listing for the item (including the seller's instructions and accepted payment and delivery options) and investigate for yourself the suitability, quality and condition of any items.
(c) As of 11 July 2012, it is no longer possible to place new "Buy Now" ads. As a seller, when you advertise an item using the “Buy Now” method, you must ensure that:
(i) you accurately and adequately describe the item and the full terms of sale and choose the appropriate category for your ad;
(ii) the advertised item is within appropriate laws and is not a prohibited item as set out in the Prohibited Items; and
(ii) all ad content complies with our Rules for ad details.
(d) The "Buy Now" selling method is only available for selected "Categories". The "Place Ad" system and other Authorised Ad Listing Tools, will identify the categories of items where you may use the "Buy Now" selling method. Additional terms on categories are set out in the Category Rules.
(e) Buyer and Seller contact details are not to be provided or requested in the ad description or the Question and Answer Service in “Buy Now” ads.
(f) “Buy Now” ads will not be displayed after 1 August 2012. Any “Buy Now” ads placed before 11 July 2012 and still validly on display on 1 August 2012 will continue to be displayed on the TP site as classified ads and from that time will be subject to these terms as they apply to classified ads. If you do not want a “Buy Now” ad to be displayed as a classified ad, you can email us and we will cancel your ad and provide a full refund.
(g) On the TP site there is a user initiated feedback system where as a registered seller or buyer, you may provide feedback and give a rating to other sellers and buyers that you have entered into a transaction with via the TP site (“Feedback and Ratings Service”). We own any feedback and ratings provided as part of the Feedback and Ratings Service but we permit you to use such feedback and ratings on the TP Site provided you remain a registered seller or buyer. You must not use your feedback or rating anywhere other than on the TP Site. You must not use any feedback or ratings in a way that is inconsistent with or in breach of the Terms or that may undermine the integrity of the Feedback and Ratings Service. Additional terms on feedback and ratings are set out in the Feedback and Ratings Policies.
1.7 Communications to you
(a) Any communications or notices we send you in relation to your transactions or use of the TP site are not intended to endorse or guarantee your transactions. We do not endorse or approve any information provided to you by other users of the TP site and it is your responsibility to exercise caution and practise safe trading when transacting on the TP site.
(b) You may receive service related emails from us and such messages will not include a functional unsubscribe facility.
1.8 Manipulation and improper use
You must not manipulate, or interfere with, any item or the price of any item advertised on the TP site.
(a) We will notify you the fees payable for your use of the services available on the TP site and you will be responsible for paying these fees in accordance with our Fees and Surcharge Policy.
(b) To assist us in providing a safe online trading environment for buyers and sellers, your credit card may be verified before your registration is complete. This may cause a temporary charge to be placed on your credit card to the value of $1. This is not a permanent charge and will be removed as soon as possible once the authorisation is complete. Time taken to remove the charge will vary depending on your financial institution.
1.10 Tradingpost.com.au Good As Gone Guarantee
(a) The Good As Gone Guarantee no longer applies on Tradingpost.com.au.
1.11 No Warranty
(a) We take all reasonable care in compiling our online advertising. However, the information on the TP site is provided 'as is' and we do not warrant or represent that it is complete, current or free from errors or omissions.
(b) We accept ads in good faith on the basis of warranties provided by each advertiser. We do not warrant or represent that the products or services advertised in ads on the TP site will be suitable for any particular purpose, or that an advertiser has any particular qualifications or is legally entitled to carry on a particular business. You must investigate for yourself the suitability, quality and condition of any goods or services advertised on the TP site. It is your responsibility to verify any information on the TP site, or provided to you by other users of the TP site before relying on it.
1.12 Our liability to you
(a) The terms that apply to our supply of the TP site are those that are set out in this document and those implied by consumer protection laws to the supply of this service that are unable to be excluded. No other terms apply.
(b) We accept our liability to you for breach of contract or negligence under the principles applied by the courts, but:
(i) we do not accept liability to you for losses that result from your use of our services in connection with the conduct of a business. However, we will accept that liability if it cannot be excluded under any legislation. If that liability cannot be excluded but can be limited under any legislation, we limit our liability to re-supplying, repairing or replacing the relevant goods or services (or payment of the cost of re-supply, repair or replacement) where it is fair and reasonable to do so;
(ii) we are not liable for any loss to the extent it is connected with any dispute between you and one or more other users of the TP site, including in relation to transactions entered into with other users of the TP site;
(iii) we are not liable for any loss to the extent that it is caused by you (for example, through your negligence or breach of contract);
(iv) we are not liable for any loss to the extent that it results from your failure to take reasonable steps to avoid or minimise your loss;
(v) we are not liable for any loss caused by us failing to comply with our obligations to you where that loss is caused by events outside our reasonable control (such as a malfunction in equipment or software, Internet access difficulties or delay or failure of transmission); and
(vi) we are not liable for any loss caused by the alteration, withdrawal or restoration of any material in accordance with our terms and policies.
(c) You release us and our related bodies corporate (including Sensis Pty Ltd) from all claims, demands, damages, costs, penalties and liabilities whatsoever arising out of or in connection with a dispute between you and any other user of the TP site.
1.13 Your liability to us
(a) You are liable to us for breach of contract or negligence under the principles applied by the courts. However, you are not liable to us for any loss to the extent that it is caused by us (for example through our negligence or breach of contract).
(b) You agree to indemnify us and our officers, employees and agents, against all claims, demands, damages, costs, penalties and liabilities caused by your breach of the Terms.
1.14 Termination, suspension and limitation of your access - material breach by you
(a) We may bar, suspend, terminate or limit your access to the TP site at any time if you are in material breach of the Terms and:
(i) we have told you in writing of your breach and you have failed to remedy it within the specified time frame; or
(ii) the breach is something which cannot be remedied (in which case we can bar, suspend, terminate or limit your access to the TP site immediately by telling you).
(b) If you are in material breach of our terms and conditions and we have barred, terminated, suspended, or limited your access, you must not circumvent this action by any means, including but not limited to placing a further ad under another account name or pseudonym. If we identify that this has taken place the ad will be immediately removed without further notice to you and you will forfeit all fees paid. Additional terms on barring, termination and suspension are set out in the Warnings and Suspensions Policy.
1.15 Our other rights to terminate, suspend or limit your access
We may suspend, terminate or limit your access to the TP site with as much warning as we reasonably can, if:
(a) there is any non-payment of outstanding fees;
(b) we reasonably believe that there is a real risk of loss or damage to us or another if we do not suspend, terminate or limit your access to the TP site (including credit risk resulting from you not paying any fees owed to us on time);
(c) the law requires us to do so;
(d) we believe on reasonable grounds that providing access to the TP site to you is illegal or may become illegal;
(e) there is an emergency; or
(f) we have received a serious complaint or multiple complaints regarding your activity and/or membership.
1.16 Additional Guidelines and Policies
The following policies also apply to your use of the TP site in addition to the other rules, guidelines, policies and terms referred to elsewhere in these Terms. You agree to be bound by the terms contained in these policies, rules and guidelines:
(a) policies which are listed under Trading Post Policies;
(b) rules which are listed under Rules for ad details, and Category Rules;
(d) Third Party Listing Tools Guidelines.
2.1 About the TP site
(a) The TP site is an online advertising medium and marketplace that advertises items for sale via "Classified" advertising (where potential buyers can browse listings and then purchase items by contacting sellers and negotiating the sale privately).
(b) The terms set out in this section 2 apply generally to all users to the TP site (including registered users and browsers of the TP site). We recommend that you carefully read these terms before you use the TP site.
Copyright in the content on the TP site and in the TP site itself (as a compilation of information) is owned by us, our advertisers or content suppliers.
2.3 Usage rules
(a) You must comply with the Terms (including the usage rules set out in section 1.4 of the Terms) when accessing and using the TP site.
(b) The TP site and the material contained on it are supplied solely for reference purposes.
(c) You may download and print individual advertising listings from the TP site for your own private, non-commercial use. Apart from this, you must not use, reproduce, communicate, publish, or distribute any of the content on the TP site, unless this constitutes a fair dealing for the purposes of the Copyright Act 1968 (Cth). In particular, you must not reproduce or use any of the advertising listings on the TP site for commercial purposes or for commercial gain.
2.4 Linking to the TP site
You may link to the TP site from a third party site provided you comply with the following terms and conditions:
(a) Trading Post® should be referred to using the ® symbol
(b) When creating a link from a third party site to the TP site, you must not:
(i) Link or refer to the site in a way that implies that Trading Post sponsors, endorses or is associated with or related to your site or product, if this is not the case;
(ii) frame, mirror or distort a page of this website; or
(iii) alter or distort any registered or unregistered trade marks, logos or names owned by us.
(c) The linked site, and any material on it, must conform to accepted standards of public decency and good taste. It must not expose us to any risk of liability under any criminal or civil law, or liability arising from the infringement of a third party's rights. Neither you nor the material on your website may disparage us or our goods or services.
(d) Other than the ability to link to this website in accordance with these terms, you do not gain any right, title or interest in any registered or unregistered trade marks, logos, domain names, or any other material appearing on this website (including any copyright works) belonging to us.
(e) The contents of this site may change from time to time. We make no representations that the material to which you choose to link on this site will continue to be available, or will remain unchanged.
(f) You must comply with any request by us to remove or alter a link to this website from your site.
2.5 Other websites
(a) The TP site may contain links to other websites which are not maintained or controlled by us or our related companies ("third party site"). Third party sites are not part of the TP site. These links are provided by us solely for your convenience.
(b) We make no representations or warranties whatsoever about any third party site. We do not endorse, and accept no responsibility for, the content or use of any third party site. If you link to any third party site, you leave the TP site and do so entirely at your own risk.
2.6 Access to TP site outside Australia
We do not represent or warrant that the content on the TP site complies with the laws of any country outside of Australia. If you access the TP site from outside Australia, you do so at your own risk.
2.7 No offer where illegality arises
Nothing on the TP site constitutes an offer to provide goods or services in any jurisdiction if to do so would contravene the laws of that jurisdiction.
2.8 No Warranty
(a) Section 1.11 applies to your access to and use of the TP site.
(b) We provide our services with reasonable care and skill and endeavour to ensure availability of our services and access to the TP site. However, availability of our services and access to the TP site may be interfered with by numerous factors, including those outside our control (such as malfunction in equipment or software, Internet access difficulties, or delay or failure of transmission). Accordingly, we do not warrant or represent that our services and/or your access to the TP site will be continuous, uninterrupted, timely, fault free, virus free or secure.
2.9 Our liability to you
Our liability to you in respect of the TP site is set out in section 1.12 of the Terms.
2.10 Your liability to us
Your liability to us in respect of the TP site is set out in section 1.12 of the Terms.
2.11 Termination, suspension and limitation of your access - material breach by you
Our rights in relation to termination, suspension or limiting access where you have materially breached the Terms are set out in section 1.13 of the Terms.
2.12 Our other rights to terminate, suspend or limit your access
Our other rights in relation to termination, suspension or limiting access in other circumstances are set out in section 1.14 of the Terms.
3 General Terms
3.2 Changes to the Terms
(a) From time to time, we may need to change the Terms to reflect our changing business. We may also need to change the Terms if we are required by law, for security reasons or for technical or infrastructure reasons.
(b) We may change the Terms (including any policy incorporated in the Terms) at any time by posting the changed Terms on the TP site and by posting a notice to users on our homepage stating that a change has occurred.
(c) If you are a seller, these changes will not apply to ads that you have already placed through the “Place Ad” system or additional online ad placement tools authorised by us and available through this TP site (“Authorised Ad Tools”), such as TraderPro™ or MultiLoader™.
(a) We and you are independent contractors and no agency, partnership, joint venture or employment relationship is intended or created by the Terms.
(b) If any of the Terms are invalid, unenforceable or illegal, that term will be struck out and the remaining terms will remain in force.
(c) If we do not act in relation to a particular breach by you of the Terms, this will not be treated as a waiver by us of our right to act with respect to subsequent or similar breaches. If you do not act in relation to a particular breach by us of the Terms, this will not be treated as a waiver by you of your right to act with respect to subsequent or similar breaches.
(d) The Terms (and your dealings with us) are subject to the laws of Victoria, Australia.
(e) If there is any inconsistency between any part of the Terms, the part listed earlier in the following list prevails to the extent of the inconsistency:
(i) the Trading Post® Buying and Selling terms set out in section 1;
(iii) our policies, rules and guidelines.