Trade Surplus Buying and Selling Terms
Website for the trades® Online Terms of Use
Trade Surplus International® Online Terms of Use
Welcome to Webtrades.com.au
As a condition of your use of Our Website, you must agree to comply with these Terms:
If you do not agree and accept all these Terms contained within this whole document, you must not use the TSI site
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Definitions
In these Terms any reference to the following:
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also means the entire computing hardware and software installation that is or supports Our Website.
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also means any of the services we offer on our Website and include generally available updates and support services so far as specified for each section.
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also means any material in any form published on Our Website by us or any third party with our consent.
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also means any advertisement of any sort posted by you on Our Website
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also means the following; indecent, pornographic, obscene, make false misleading and deceptive statements or representations, discriminatory (on the grounds of gender, race, religious beliefs or other), inappropriate, offensive, promote animosity, defamatory, inflammatory, threatening, harass, bullying, menace and offend.
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also means any rights of a third party including but not limited to; intellectual property rights, rights of privacy, third party(s) trade secrets
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all the terms and conditions expressed or implied in this document.
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also means the following, but not limited to; endorse, confirm, certify, sanction, support, represent, warrant, undertaking and guarantee.
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also means the following, but not limited to; breach of contract and negligence.
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also means "TSI" officers, employees and agents.
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also means the following, but not limited to; demands, damages, costs, penalties and liabilities
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also means the following, but not limited to; terminate, termination, limit, suspension and withdrawal
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also means viewer(s), browser(s), seller(s), visitor(s) individual(s), company(s) and business(s)
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also means the following, but not limited to; compel, force, induce, impose and coerce.
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means Trade Surplus International Pty Ltd (ABN 47 129 304 758) and Website for the Trades Pty Ltd (ABN 35 131 330 428)
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also means the following, but not limited to; errors and omissions.
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also means the following, but not limited to; copy, use, reproduce, communicate, publish, or distribute.
- "Relationship"
also means the following, but not limited to; MOU, agency, contract, joint venture, partnership or employment relationship.
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means memorandum of understanding.
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also means the following, but not limited to; an individual, company, organisation, government authority or others.
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means this entire document.
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also means the following, but not limited to; individual, groups, businesses and companies representatives.
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also means the following, but not limited to; any advertisement posted in any part of our site.
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Webtrades.com.au is operated by; Trade Surplus International Pty Ltd (ABN 47 129 304 758) and Website for the Trades Pty Ltd (ABN 35 131 330 428) these terms and conditions ("TSI") refer jointly and severally to both companies.
Your access as a user or a viewer (browser) to this site and other linked sites operated by us are subject to these Terms and Conditions our Privacy Policy and Disclaimer (hereinafter referred to as "Terms").
Any reference to "us, we or our" mentioned within these Terms is to be read as "TSI"
Users access our site via our URL or third party links; members access the site via a username and password and can also manage their advertising and marketing programs via "My Account".
You must read all of these Terms carefully to understand the terms that apply to the service you are provided. These terms apply to all users of the TSI site and you must comply with these terms every time you access this site.
We may change these Terms from time to time for any reason but in particular, reasons associated with changes in the law and a change in our business.
These Terms are to be administered under the Governing Laws of Western Australia
The terms detailed herein are not intended to create any legal relationship between you and us.
If you do not agree and accept all these Terms contained within this whole document, you must not use the TSI site.
1. Terms and Conditions - Section 1:
a. TSI is an on-line publisher of information supplied and posted on our site by individuals who are outside the control of TSI; the TSI site allows independent individuals and businesses the opportunity to place ads on our site solely for reference purposes only.
b. The basic concept of the site is that buyers browse listings posted by users and then the buyers (based upon their own assessment and decision) contact sellers to directly and privately negotiate the purchase of items of interest.
c. We clearly state and for the avoidance of any doubt on your part, that, we give no warranty and make no representation, express or implied, as to:
1. the adequacy or appropriateness of any material(s) advertised on our site;
2. the truth of any Content on Our Website supplied by any of our advertisers;
3. any implied warranty or condition as to merchantability or fitness of any materials advertised for any particular purpose;
4. compatibility of Our Website with your equipment, software or telecommunications connection;
5. any material(s) compliance with any law;
6. non-infringement of any right;
7. we do not warrant or represent that advertisements are free from mistakes;
8. we are not involved in any financial transaction between sellers and buyers and do not have the right at law, tort or otherwise to enforce a transaction between buyers and sellers;
9. We or our Content suppliers may make improvements or changes to Our Website, the Content, or to any of the Services, at any time and without advance notice;
10. You are advised that Content may include technical inaccuracies or typographical errors. This is inevitable in any large website. We would be grateful if you bring to our immediate attention any errors that you find by emailing us at,
admin@webtrades.com.au and quoting the reference number on the advertisement.
2. Terms and Conditions - Section 2
a. You Must warrant to TSI that;
i. you will not use the TSI site for any purpose that is unlawful;
ii. you will not breach the Trade Practices Act 1974 or State Fair Trading Acts;
iii. you will not breach any of these Terms.
b. Copying Content;
You may download and print individual advertising listings from the TSI site for your own private or business, non-commercial use.
c. Things you MUST not do;
Further to the other clauses mentioned elsewhere in these Terms you must act in accordance with the following at all times when using the TSI site services and when you access any part of the sites "do it yourself" activities to submit or download any information, material, advertisements or events, you must NOT or permit another person(s) to:
i. do anything that is fundamentally "improper";
ii. make any modifications to the TSI site;
iii. change any content on the TSI site other than your own;
iv. violate the rights of a Third party;
v. identify a person, group or business without their written permission;
vi. disclose detailed, general or specific legal information relating to present, past or ongoing legal proceeding which may prejudice and or cause commercial harm to a third party or this site;
vii. transmit any virus, or any other disabling computer element to or via the TSI site;
viii. You will not use the TSI site for spamming. Spamming includes, but is not limited to:
i. The bulk sending of unsolicited messages, or the sending of unsolicited emails which provoke complaints from recipients;
ii. The sending of junk mail;
iii. The construction of distribution lists from information displayed on our site of people who have not given written permission to be included in such distribution process;
iv. Excessive and repeated posting off-topic messages to newsgroups;
v. Excessive and repeated cross-posting;
vi. Email harassment of another site user, including but not limited to, transmitting any improper, threatening, libellous or obscene Material, or Material of any nature which could be deemed to be offensive;
vii. Any breach of the Commonwealth Spam Act 2003;
ix. You must not use any software tool, automated or otherwise, for the purpose of extracting data from our website, you must not for any commercial purpose do any of the following;
1. extract data manually or otherwise for any reason other than previously mentioned,
2. use software which assists in or promotes: emulators, phishing, hacking, password cracking, IP spoofing;
3. link any part of the site, content or other items in the TSI site with any other material or advertising;
4. You must not replicate any of the content from our site;
5. You must not use any content on our site for any other advertising medium;
6. You must not share or allow others to use the TSI Site in your name;
7. You must not share or allow other persons not employed by your company or business to use the TSI Site in your company or business name;
8. You agree that you will not, and will not allow any other person to violate or attempt to violate any aspect of these terms;
9. create HTTP Links from the TSI site to any third party website on the Internet without our prior written consent.
d. We advise you that any such violation of these Terms may be unlawful and that any contravention of law may result in criminal prosecution.
e. Who can use this site:
Any Persons 18 years of age or older are permitted to place an ad or add content to the TSI site.
You must be legally entitled to sell or advertise any item on the site.
f. Third Party Sites (Mainly Our Sponsors and Non Sponsors)
The TSI site contains many links to other websites which are not administered by us. These third party sites are mainly our sponsors or Google ads and not part of TSI. These links are provided by us solely for your benefit to provide you with as many commercial opportunities possible and to enhance your visit to our site.
When you link to any third party site, you leave the TSI site and do so totally at your own risk. We do not warrant any third party site;
g. Other Countries
If you access the TSI site from any other country than Australia, you do so at your own risk.
These Terms shall be governed by and administered in accordance with the laws of Australia.
h. Obligations and Liabilities
a. Our Obligation to You
a. To make all reasonable effort to display your advertisement in accordance with the package rules shown under the "Ad Rates" icon;
b. to ensure that your ad is displayed for the duration as stated in the ad package;
c. we cannot guarantee that the site will be available without interruption. If at any time a site becomes unavailable for a period of more than 48 hours, we will immediately credit any money you have paid for an active advertisement to your account. Our refund will cover the period of unavailability only and not any period for which the site has been available; this event will not constitute a breach on our part.
b. Your Obligation to Us
a. When using the TSI site you agree that you have provided, and will continue to provide accurate, up to date, and complete information about yourself. We need this information to provide you with this Service.
b. When you use our website, you are responsible for maintaining the confidentiality of your account and password and for preventing any unauthorised person from using your computer.
c. You agree to accept responsibility for all activities that occur under your account or password. You should tell us immediately if you believe some person has accessed your account without your authority.
d. Your advertisements must only include;
1. Descriptions and pictures relevant to the sale item;
2. The phone number you have shown in your listing must be correct and belong to you, your company or business;
3. We reserve the right to modify any ad in which the name or other text in the ad is considered by us not required or used for normal trading;
4. The advertised price on any listed item must be inclusive of GST if applicable;
5. Your Material
a. If you post any Material in Our Website, you warrant that you own the copyright in it and you accept all risk and responsibility for it. You grant to us the right to publish, distribute, translate or otherwise use it;
b. You agree that if you do post any Material on Our Website, in doing so, you grant to us a non-exclusive, irrevocable right to the use that Material on our site;
c. You represent and warrant that:
i. you own the rights to all of the Material that you post;
ii. any fact stated in your Material is accurate.
c. Our Liability to you
Any liability that arises out of any breach in our supply of our service to you will be administered as follows.
i. If our liability cannot be excluded as detailed in these Terms under any legislation, but liability can be reduced under other legislation we then limit our liability at law and as detailed herein;
ii. In the event of a dispute arising out of or in connection with these terms between you and us, then you agree to attempt to settle the dispute by engaging in good faith with us in a process of mediation before commencing arbitration or litigation;
iii. No waiver by us, in exercising any right, power or provision in this agreement shall operate as a waiver of any other right or of that same right at a future time; nor shall any delay in exercise of any power or right be interpreted as a waiver;
iv. Nothing in this agreement or on Our Website shall confer on any third party any benefit or obligation;
v. We are not liable for any breach of our obligations resulting from causes beyond our reasonable control including interruptions to the internet, delay in uploading your data, strikes of our own employees;
vi. We are not liable in any circumstances for special, indirect or consequential loss or any damages whatsoever resulting from your loss of use, loss of data arising out of or in connection with your use of Our Website;
vii. We do not accept liability for;
a. statutory liability;
b. tortuous liability (including, but not limited to, liability for negligence);
c. conditions and warranties implied by custom, the general law or statute; and
d. liability for any direct, indirect, economic or consequential losses (including, without limitation, loss of anticipated savings, loss of profits, or any other business costs), expenses, damages and costs incurred by your use, arising out of or in connection with the on-line publication of your advertisement or any failure to supply or delay in supplying the advertisement.
In any event, including the event that any term or condition or obligation on our part ("Implied Term") is implied into these conditions by law, then our liability is limited to the maximum extent permitted by law, to the value of your advertisement you have paid to us.
Are limited to the Terms set out in this document.
d. Your liability to TSI
i. You are liable to us for any breach of the Terms of this document insofar as it conforms to the doctrine applied by the courts in Australia; you are not liable to us for any loss to the extent that it is caused by us.
ii. You agree to indemnify us, against all claims, caused by your breach of these Terms and Conditions or the infringement by you, or by any other person using your computer, of any intellectual property or other right of any individual. You agree to take full legal responsibility and full financial responsibility for any advertisement that you upload to the site that may be considered (and/or proved) illegal or causes offence to an individual, and you agree to be liable to us or a third party for all legal and financial consequence as a result of your actions.
i. Limit your access or Withdrawal of your advertisement -
We may limit your access to the TSI site at any time if:
i. we are required by Commonwealth or State laws to do so;
ii. we have advised you in writing of a breach by you and you have been unable or unwilling to remedy the violation within the required time;
iii. the breach cannot be remedied by you in which case we can limit the service immediately without notice;
iv. we believe that there is a risk of loss or damage to us or a third party;
v. you are 7 days overdue in paying your account;
vi. we have received a serious complaint regarding your advertised content;
vii. in our opinion you are in material breach of these Terms;
If we limit your ad we will advise you, the cost of your ad will be refunded to your account. However we reserve the right to pass on to you any cost and/or penalties as a result of any breach of these Terms and any Australian laws which may result in a claim by a third party as a result of your breach.
j. Acceptable use Policy
Your ad must only include;
i. text descriptions, graphics, pictures and other content relevant to the sale of that item.
ii. You must have permission to use the phone number you have shown in your listing or the phone must be yours.
iii. It is extremely important that you enter the correct phone number in your advertisement or listing.
iv. We reserve the right to modify any ad in which the name or other text in the ad is considered by us not required or used for normal trading.
v. The advertised price on any listed item must be inclusive of GST if applicable.
k. Items not to be advertised on Our Website.
You are not to advertise in any section of our site any items which are listed in the Table of Prohibited Content; and which is prohibited in any part of Australia.
3. Advertising Rates and Payment Terms and Conditions
i. Listing fees and optional banner ad fees for online ads are charged at the time of placement and are non-refundable providing TSI has performed its obligations under these Terms.
ii. Placing ads on the TSI site does not grant you exclusive rights to any web page or space on the TSI site.
iii. The cost of your ad submitted will be calculated by TSI in accordance with the payment schedule shown in the "Ad Rates" page or in accordance with advertised promotion prices shown from time to time.
iv. Unless otherwise provided, all fees listed on this TSI site are inclusive of GST.
v. You are responsible for paying all fees and taxes (including GST) associated with placing an ad on this TSI site.
vi. We may charge you an account-keeping fee if your credit card is declined or if you otherwise fail to pay for your ad by the required date. Details of any fees will be set out in an invoice and/or reminder notice.
vii. All ads placed through the "Place an Ad Now" system on this TSI site must be prepaid.
viii. To
place a prepaid ad using this TSI site you may use a Visa or MasterCard credit cards via the ANZ egate system. We do not permanently store or record credit card numbers. However, we may for a short term temporarily store credit card numbers prior to them being sent to ANZ e-gate. Transmission of your credit card details is made through the ANZ e-gate payment system; we receive and display a response to your transaction, which is also sent to you via your registered e-mail address. You should ensure that a locked padlock symbol appears at the foot of your browser window when you are entering your payment details. We do not accept your prepaid ad for approval until a successful payment has been confirmed.
ix. To assist us in providing a safe online trading environment for buyers and sellers, your credit card may be verified before your registration or posting is complete.
x. Application for credit; any credit facilities provided by TSI are subject to a 30 day account from the time you purchase a member package, any late payment attracts an additional charge of 0.75% per day on the outstanding amount.
xi. All individual advertisements expire in accordance with the plans shown on the TSI site. You may modify, cancel or withdraw your ad at any time via the tools in "My Account" prior to expiry.
xii. Your outstanding credit in any package expires twelve months from your purchase date; please choose carefully which package is best for you.
4. Trade marks
The "Trade Sur +
™" "Website for the trades" ™ or Webtrades.com.au
™
logo must not be used or applied without our prior written consent.
5. GST
Advertisers who list any product or equipment for sale on the TSI site must include GST within the advertised price if the product or equipment is normally subject to GST.
6. Trade Directory
TSI has created a trade directory for the benefit of all interested parties in the Australian trade community. TSI may from time to time list a business in the TSI business directory however we do not want to present the impression that all listings were made with the consent of the listed company, TSI further warrant that should any company for any reason not wish to be included in TSI Trade directory you will be removed upon written request to TSI at
admin@webtrades.com.au
7. Severability
If any of these terms is at any time held by any jurisdiction to be void, invalid or unenforceable, then it shall be treated as changed or reduced, only to the extent minimally necessary to bring it within the laws of that jurisdiction and to prevent it from being void and it shall be binding in that changed or reduced form. Subject to that, each provision shall be interpreted as severable and shall not in any way affect any other of these terms.
8. Legal Relationship
These Terms and Conditions are not intended to create a legal relationship at law, in tort or otherwise between TSI and you, you agree that we are an autonomous service provider and no relationship is intended or created between us.
9. Miscellaneous provisions
When we communicate with you we do so by email. You agree that email communications are contractually binding in the same way as properly signed and dated paper sent by post.
Where we provide our services without specific charge to you, then it (or they) is deemed to be provided free of charge and not to be associated with any other service for which a charge is made.
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