TERMS AND CONDITIONS
TERMS AND CONDITIONS
Welcome to www.abilityclassifieds.com. Australia’s own online trading community. These terms and conditions are intended to help keep www.abilityclassifieds.com. A safe place to trade.
1.1 Acceptance of terms and conditions: The terms and conditions are the terms on which www.abilityclassifieds.com offers you access to the Services and the Website. By registering as a member of www.abilityclassifieds.com you accept these terms and conditions. If you do not accept these terms and conditions, you must refrain from using the Services.
1.2 Amendment of terms and conditions: As www.abilityclassifieds.com operates in a changing commercial, technological and regulatory environment, we may amend these terms and conditions from time to time. Unless otherwise stated, amendments will be effective immediately upon posting of the amended terms and conditions on this Website. You are responsible for ensuring you are familiar with the latest terms and conditions. Your continued use of the Services represents your agreement to be bound by the terms and conditions as amended.
These terms and conditions were last updated 27th August 2016.
1.3 Terminology: In these terms and conditions, the following expressions have the meanings set out:
'item', 'items' means goods or property that may be bought or sold through the classified process;
'member' means a registered member of www.abilityclassifieds.com
'Member Service(s)' means a trade or business service or dealer that has been advertised by a www.abilityclassifieds.com. member in the Services Category;
'Services' means any one or more of the services offered by www.abilityclassifieds.com Limited from time to time, classifieds, message boards, sms alerts and any other service that www.abilityclassifieds.com may offer;
'Services Category' means the category on the www.abilityclassifieds.com homepage where members can list services;
'we', 'us' and 'our' are a reference to www.abilityclassifieds.com Limited;
'you' and 'your' are a reference to you;
'Website' means the www.abilityclassifieds.com website through which the services are offered;
'listing' means a listing on the Website through which you offer, negotiate, buy, sell or advertise any item, service or job, whether by auction or classified;
'seller' includes any person placing a listing.
2.1 The Services: www.abilityclassifieds.com provides a venue to introduce members who want to buy and sell items or to advertise and find jobs and Member Services. www.abilityclassifieds.com does not take any part in the sale of items other than by providing our Website as a venue for members. If a bid is accepted by a seller, a contract of sale will be formed between the buyer and the seller directly. We do not act as agent for either party and do not participate in any sale or transaction between you and other members, including where you use the credit card service. If you use the credit card service, we simply pass on payments made by one member to another. As a result, even though some of the Services are being referred to as an Auction or for Tender, www.abilityclassifieds.com is not an auctioneer (whether under the Auctioneers Act or otherwise). www.abilityclassifieds.com also provides a Services Category venue where members can be connected with trades people and service providers.
2.2 At your own risk: Transactions and all other contact between you and other members are conducted entirely at your own risk. You agree that www.abilityclassifieds.com takes no responsibility or liability for any misconduct of any of its members including, without limitation, members that have registered under false pretences or who attempt to defraud you. www.abilityclassifieds.com gives no undertakings, representations, or warranties in relation to items sold or listed on the Website, or Member Services advertised or offered through the Services Category including:
about ownership of any item;
as to the content, safety, description, worthiness, quality, or legality of the items or Member Services that are listed on the Website;
as to the accuracy or truth of listings;
that any item, or Member Service listed in the Services Category, will meet your requirements or expectations; or
about the ability of members to complete a transaction, including credit card transactions.
2.3 Disclaimer: You expressly understand and agree that:
your use of the Services is at your sole risk. The Website and Services are provided on an "as is" and "as available" basis. To the maximum extent permitted by law and without limiting clause 2.2, www.abilityclassifieds.com disclaims and excludes all implied conditions or warranties, including, but not limited to, any warranties of merchantability, fitness for a particular purpose, and non-infringement;
where Member Services are offered in the Services Category, www.abilityclassifieds.com disclaims and excludes liability for any guarantees that a Member Service will be carried out with reasonable care and skill, fitness for a particular purpose, time of completion or price for the provision of a Member Service;
www.abilityclassifieds.com does not warrant that i) the Services provided will be uninterrupted, timely, secure, or error free, or ii) that any information (including feedback) provided on the Website is error-free or reliable;
no advice or information that is obtained by you from www.abilityclassifieds.com or anyone else shall create any warranty by www.abilityclassifieds.com that is not expressly stated in the terms and conditions; and
responsibility for the content of advertisements appearing on this Website (including hyperlinks to advertisers' own websites) rests solely with the advertisers. The placement of such advertisements on the Website does not constitute www.abilityclassifieds.com recommendation or endorsement of the advertised product or service. Each advertiser is solely responsible for any representation made in connection with its advertisement.
while www.abilityclassifieds.com may facilitate payment for some items by credit card, www.abilityclassifieds.com is in no way involved in the transaction itself, and responsibility for any refund rests with the seller.
while www.abilityclassifieds.com has systems in place to reduce the risk of credit card fraud, www.abilityclassifieds.com is not responsible for protecting members from credit card fraud. www.abilityclassifieds.com fraud protection systems may from time to time block legitimate credit card payments. In these cases payment will need to be made by other means.
2.4 Liability: You agree that, to the maximum extent permitted by law, any and all liability and responsibility of www.abilityclassifieds.com to you or any other person under or in connection with these terms and conditions, or in connection with the services, this Website, another Member's acts or omissions, or your use of or inability to use, the services or this Website, is excluded regardless of whether such liability arises in contract, tort (including negligence), equity, breach of statutory duty or otherwise. www.abilityclassifieds.com liability and responsibility is excluded in respect of any and all loss or damage, whether direct or indirect, including, without limitation, loss of profits, loss of data, loss of business or anticipated savings, general and special damages, and consequential and incidental loss.
2.5 Indemnity: You agree to release, indemnify and keep indemnified us from and against all actions, claims, costs (including legal costs and expenses), losses, proceedings, damages, liabilities, or demands suffered or incurred by us to any person arising out of or in connection with your failure to comply with these terms and conditions, your failure to complete a transaction, your use of www.abilityclassifieds.com message boards, your sale or attempted sale of an item prohibited under clause 4.2(e), or arising out of any content or item you submit, post, transmit, or make available through the Services.
2.6 Breach: Without limiting any other rights and remedies available to www.abilityclassifieds.com may limit your activities on the Website, remove your bids, listings or other content, warn other members of your actions, issue a warning to you, suspend or terminate your membership, or refuse to provide our Services to you if you breach these terms and conditions or where www.abilityclassifieds.com considers it appropriate.
2.7 Additional rules: In addition to the terms and conditions set out in this document, the Banned and Restricted Items list, Listing Policies and Member Services Category Policy form part of these terms and conditions.
BECOMING a MEMBER
3.1 Becoming a Member: Becoming a member is free. Anyone can register as a member and can form a legally binding contract that is enforceable against you. You must be at least 18 years old. By registering as a member, you warrant that you can form a legally binding contract.
3.2 Accurate Information: You warrant that you have provided complete, accurate and current personal information when registering as a member. You must maintain and update your personal information held by www.abilityclassifieds.com to ensure it is kept current at all times. www.abilityclassifieds.com may phone or mail you to verify these details. You must not register as a member under multiple identities or personas (whether false or not). However, www.abilityclassifieds.com discretion, you may create a business membership in addition to your personal membership.
3.3 Termination of membership: www.abilityclassifieds.com reserves the right to decline to register or to terminate your membership without entering into further discussions with you. Without limiting the foregoing, www.abilityclassifieds.com may terminate your membership if a serious complaint or multiple complaints are received about you from other members, if you breach these terms and conditions, if you impersonate another member, or if we, at our sole discretion, deem your behaviour to be unacceptable. Members who have registered under multiple aliases will have all of their aliases disabled. In the event of termination, you also agree that you will not open or attempt to open any new www.abilityclassifieds.com memberships. You may at any time close your www.abilityclassifieds.com membership by giving us three days' notice in writing. If you close your membership or if it is terminated by www.abilityclassifieds.com your ability to use the www.abilityclassifieds.com website will end. To the extent that you continue to access the site, clauses 2.2-2.5, 4.1 and 6.8 of these terms continue to apply.
3.4 Security of your login information: You are responsible for keeping your login information, including your email address and password, secret and secure. Without limiting the foregoing, you agree:
not to permit any other person to use your user name or membership; and
not to disclose, or provide to any other person, your password, email address, date of birth or any other information in connection with your membership that may allow them to gain access to your membership.
3.5 Emails and newsletters: www.abilityclassifieds.com will send you emails relating to your membership, transactions and other activities on the Website, and for promoting and marketing other www.abilityclassifieds.com products and Services to you.www.abilityclassifieds.com may also send regular electronic newsletters to members. Newsletters will contain clear and obvious instructions for how you can unsubscribe from the mailing list.
All listings, bids or communications made through www.abilityclassifieds.com shall be made in good faith.
You must not damage, interfere with or harm the Website or Services, or any network, or system underlying or connected to them, or attempt to do so.
You may not use a robot, spider, scraper or other unauthorised automated means to access the Website or information featured on it for any purpose.
You shall not list your email address, phone number or any other contact detail within the description of listings, listing comments and/or questions, in your member profile, or in the www.abilityclassifieds.com message boards.
Notwithstanding 4.1d above, you may enter your appropriate contact details in the relevant contact detail fields of those listing categories which specifically provide for those details, i.e. Motors, Property, Jobs and classifieds.
You must list classifieds in Australian dollars and include GST in the price (except when listing commercial property for lease, which excludes GST). All tax obligations are the responsibility of the seller and/or the buyer (as the parties determine).
You must not complete a transaction outside of the www.abilityclassifieds.com process or otherwise seek to avoid www.abilityclassifieds.com success fees. Attempts by you to avoid fees, including through multiple memberships, or otherwise, may result in www.abilityclassifieds.com suspending or terminating your membership at the discretion of www.abilityclassifieds.com
Contracts for the sale of land must be in writing to be legally enforceable.
You must not use the Services or the Website to promote items for sale outside the Services.
You are responsible for any actions taken through your membership. www.abilityclassifieds.com memberships are not transferable and therefore cannot be sold, leased, lent or traded without specific written authorisation from www.abilityclassifieds.com
4.2 Your obligations as a seller
Sellers located in Australia and Sellers outside of Australia are permitted to sell on www.abilityclassifieds.com
Sellers located outside Australia must offer at least one of the following payment options to buyers, payment into their own domestic bank account. Sellers should not send items to an address that is outside Australia unless there are clear funds in their bank account. Warning Pay Pal and Credit cards can be reversed.
You will only enter listings that are accurate, current, complete, and include all relevant information about the terms of sale, payment terms, shipping methods and who bears the cost of shipment. You must list an item in one category only which must be the most appropriate category for your item. If your item is likely to attract customs duty for buyers in another country, you must ensure that this is clearly indicated in your listing.
You will only place listings for items that exist, are to be sold, and that you are legally entitled to sell. You will only list items that are in your possession, except where www.abilityclassifieds.com has approved otherwise in writing. In the case of motor vehicles that are offshore, they must be in transit to the country where the sale is taking place, and you must be a registered motor vehicle trader, and hold clear authority to sell such vehicles before being able to list them. You must also clearly indicate that such vehicles are offshore or in transit in the listing. Or clearly state that it is a private sale.
You may only sell or offer services in our Services Category or in our Travel, Events & Activities Category. You may only sell bookings and tickets in our Travel, Events & Activities Category. All flight tickets, accommodation and travel packages must be able to be transferred into the buyer's name from within Australia (either directly with the airline, service provider, or via a travel agent).
All listings must comply with Australian law. You must not list anything that is illegal, offensive (including anything of a defamatory, pornographic, or racially or ethnically objectionable nature), stolen, or unsafe, anything which infringes copyright or other intellectual property rights, items which have been illegally imported or which would require illegal import or export in order to complete the transaction, or any item of which the sale is prohibited by, or violates any, law. You are responsible for ensuring that any listing by you does not breach this clause 4.2(e). You agree that www.abilityclassifieds.com may disclose your personal information, including your name and contact details, to the relevant authorities, parties and/or the applicable intellectual property right holders (or their representatives) if we consider that you are in breach of this clause 4.2(e) at any time.
To protect your images, we will watermark with our logo any images you upload to your listings. You must ensure you hold the copyright or are otherwise licensed to use any images you add to your listings.
When you list an item on www.abilityclassifieds.com you should do so with the intention of selling this item through the site. Therefore you should not advertise your item through another forum. If you remove a listing before your ad expires your payment is non-refundable, regardless of the reason.
www.abilityclassifieds.com classifieds may be used by individuals or businesses to list specific items or jobs or services that fits the categories of the site and must not be used for multiple or generic item or job listings. You must not place multiple listings for a single item or job.
Your listing may only contain a URL for a website or your website that contains further information on the item you have listed. This website must not be another site with classified ads or Auctions or contain contact details. You must not use www.abilityclassifieds.com listings to promote a business or website other than one for sale in your listing.
You must not use the Services or the Website to sell items that are of a speculative nature including, but not limited to, pyramid or similar schemes.
For classifieds, you may choose to sell to any buyer at your discretion.
You will only list adult rated content (videos, magazines, DVD's, etc) in the Adult category. Adult content listed in non-adult categories will be removed or moved to the Adult category.
Listings are not pre-screened for content. www.abilityclassifieds.com reserves the right to remove any listing that it deems unsuitable or in breach of the terms and conditions.
You agree to your email address being provided to the buyer when your sale is completed.
You must promptly forward the listed item to the successful buyer on completion of the transaction.
You must not charge unreasonable amounts for shipping and packaging costs.
Regardless of whether you are a motor vehicle trader or not, if you are selling a car on www.abilityclassifieds.com you are required to ensure that the buyer of the motor vehicle takes the motor vehicle free of any security interest, and you must disclose in the listing whether there is any security interest over the vehicle.
4.3 Your obligations as a buyer
You can be in any other Country to buy on www.abilityclassifieds.com .
If you are notified that your offer to purchase has been successful, you must complete the transaction in the manner specified. By making the offer to purchase, you warrant and represent that you have the legal right to enter into and complete the transaction.
You must make full and prompt payment by clear funds for any item you buy.
If your offer to purchase is successful and you do not pay for the item, you will receive a warning from www.abilityclassifieds.com if the seller complains about you. After 3 such complaints, www.abilityclassifieds.com may suspend or terminate your membership.
You must only access the Adult category if you are at least 18 years old.
If you use the sellers facility to pay by credit card, you agree to:
attempt to resolve the issue with the Seller first, and to inform www.abilityclassifieds.com and co-operate fully and reasonably to resolve any problem transaction before requesting a chargeback from your card issuer or bank.
return the goods (with original packaging) should you seek a refund from the Seller in the event that they are not as described or arrive damaged.
Feedback can be posted on our Face Book or Twitter account or any related form or Blog for the purpose of facilitating trading between members on the www.abilityclassifieds.com Website. Feedback you provide on other members must not contain offensive, defamatory, retaliatory or inappropriate language or content. www.abilityclassifieds.com may remove any feedback that we consider to be offensive, defamatory, retaliatory or inappropriate on our social networks.
You may only give member feedback that relates to a specific transaction. You must not post feedback on a transaction that does not relate to that specific transaction.
FEES AND ACCOUNTS
5.1 Listing Fees
Charges fees for the use of the Website as an advertising venue.
There is no charge for the first week’s classified ad, unless taking up one or more of the options to promote the ad, extra fees will be incurred. The ad will expire after one week, an email notification will be sent to the seller. Current fees are listed on our in the help section and on the “Post your ad Page “and are subject to change without any notice.
Any non-commission listing fees are charged at the time of listing and are not refundable. www.abilityclassifieds.com may (at our sole discretion) refund.
www.abilityclassifieds.com reserves the right to change the fees charged for any of our Services at any time. In the event that we introduce a new Service, the fees for that Service are effective at the launch of the Service, unless otherwise stated.
If you are an Australian resident, then all fees are inclusive of GST and in Australian dollars unless otherwise stated. If you are not an Australian resident, then all fees are, unless otherwise stated, in Australian dollars and do not include GST. Unless otherwise stated in these terms and conditions, no interest or other financial charges will be applied to www.abilityclassifieds.com account balances.
www.abilityclassifieds.com reserves the right to investigate queries regarding refunds from sellers, and other members and any other relevant party.
Before listing an item, you should review www.abilityclassifieds.com fees to ensure you are aware of the fees that you will incur.
You must pay the fees immediately upon demand by www.abilityclassifieds.com
5.2 www.abilityclassifieds.com Accounts
www.abilityclassifieds.com Credit accounts are only available for Registered Businesses after approval and a 12 months qualifying period.
Private sellers must pay for advertising at time of listing their ad.
Any payment to your www.abilityclassifieds.com account of an amount less than $10 incurs a $2 handling fee that is payable to www.abilityclassifieds.com
You must settle any negative account balance immediately.www.abilityclassifieds.com reserves the right to take action against you, including (without limitation) deducting any amount owed by you from the credit balance of any account operated by you, to recover outstanding debts. You are liable for all expenses (including legal fees) that www.abilityclassifieds.com incurs when collecting that debt.
If your membership or ad is terminated www.abilityclassifieds.com will not refund the balance of your advertising payment, consequently, If your membership is removed due to breach of our terms and conditions it is at our discretion whether you are not eligible for a refund. Promotional giveaways of www.abilityclassifieds.com credits, bonus credits, or any free credits gifted to the member on registration will not be refunded.
If you have not logged on to the Website for a period of 18 months, any unused balance on your account is forfeited to www.abilityclassifieds.com and your membership will be suspended.
6.1 System Integrity: www.abilityclassifieds.com will use its reasonable endeavours to ensure the availability of the Website and Services, subject to any downtime required for maintenance. However, www.abilityclassifieds.com takes no responsibility for any system unavailability, or for any loss that is incurred as a result of Website or Services being unavailable. Further, www.abilityclassifieds.com assumes no responsibility for the corruption of any data or information held by www.abilityclassifieds.com
6.2 Resolution of disputes: As www.abilityclassifieds.com is not a party to any sale or transaction between you and another member, you agree not to involve, or attempt to involve, www.abilityclassifieds.com in any dispute or in the resolution of disputes that arise between you and another member as a result of the Services provided, other than as provided in clause 4.3 i (i).
6.3 Message Boards: www.abilityclassifieds.com provides Message Boards/ social networking for the use of www.abilityclassifieds.com.au members. The Message Boards may not be used to promote Tenders or auctions, websites or any commercial or business activity. www.abilityclassifieds.com is not responsible for any of the opinions expressed in the Message Boards / Social Networking. By posting a message to the message board or social networking sites you agree to take full legal responsibility and liability for your comments, including for offensive or defamatory statements.
6.4 Force Majeure: Without prejudice to clause 2.3(a), www.abilityclassifieds.com has no liability for any lack of performance, unavailability or failure of the Services or the Website, or for any failure of www.abilityclassifieds.com to comply with these terms and conditions where the same arises from any cause reasonably beyond the control of www.abilityclassifieds.com
6.5 No Waiver: If we do not exercise or enforce any right available to us under these terms and conditions, it does not constitute a waiver of those rights.
6.6 Partial Invalidity: If any provision of these terms and conditions becomes or is held to be invalid, unenforceable or illegal for any reason, and in any respect, that provision shall be severed from the remaining terms and conditions, which shall continue in full force and effect.
6.7 Governing Law: These terms and conditions are governed by the laws of Australia. You submit to the non-exclusive jurisdiction of the Courts of Australia.
6.8 Intellectual Property Rights: www.abilityclassifieds.com (and its licensors or suppliers, as the case may be) owns all proprietary and intellectual property rights in the Website (including text, graphics, logos, icons and sound recordings) and the software and other material underlying and forming part of the Services and the Website.
You may not without our prior written permission, in any form or by any means:
Adapt, reproduce, copy, store, distribute, print, display, perform, publish or create derivative works from any part of this Website; or
Commercialise, copy, or on-sell any information, or items obtained from any part of this Website www.abilityclassifieds.com .
Ability Classifieds is a registered Trade Mark
6.9 Entire agreement: These terms and conditions supersede all previous conditions, understandings, commitments, agreements and representations whatsoever whether oral or written, and constitutes the entire agreement, between the parties, relating to the subject matter of these terms and conditions.
6.10 Privacy: www.abilityclassifieds.com collects personal information about you through your use of the Services and the Website, including:
· your registration details; and
· information relating to your use of the Website and the content you access.
You agree that www.abilityclassifieds.com may use this personal information to assist us to provide the Services to you, for internal research purposes, to verify your identity, to enforce or apply our terms and conditions, to protect the rights, property, or safety of www.abilityclassifieds.com , our users, or others, for promoting and marketing other www.abilityclassifieds.com products and Services to you, and for any other use that you authorise. You agree to your membership's trading history being published in your feedback.
We will not sell or allow third parties to access your private personal information without your consent. We release account and other personal information only when we believe release is appropriate to comply with law; facilitate court proceedings; enforce or apply our terms and conditions; or protect the rights, property, or safety of www.abilityclassifieds.com our users, or others. Government agencies with statutory roles enabling them to request information from us include but are not restricted to the Police, You may contact www.abilityclassifieds.com to ask whether information has been provided to government agencies.
Information that you share through www.abilityclassifieds.com may be accessed through www.abilityclassifieds.com and we may charge third parties in various ways for access to our data base.
If you intend to take Disputes to Tribunal proceedings against another member and you require that member's contact details in order to take such proceedings, www.abilityclassifieds.com will release those details to you if you make a Statutory Declaration stating that you require that member's contact details for the sole purpose of taking Disputes Tribunal proceedings. You may obtain a Statutory Declaration for this purpose by contacting www.abilityclassifieds.com or the Disputes Tribunal.
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