Swapmeet Terms and Conditions (User agreement)

 

Updated: 01/10/2014

 

The following sets out the terms in which Swapmeet Online (Aust) Pty Ltd offers you access to the swapmeet.net.au website and all its services and tools. By ticking "I have read and agree to the Terms and Conditions" checkbox, you accept the Terms and Conditions as set out below.

 

Before using the Swapmeet services, you must read and accept all of the terms in, and linked to these Terms and Conditions Agreement and also the Swapmeet Privacy Policy. We recommend that as you read this Terms and Conditions Agreement, you also read any hyperlinked information. By accepting this Terms and Conditions Agreement, you agree that this Terms and Conditions Agreement and Privacy Policy will apply whenever you use the Swapmeet services.

 

Before proceeding to use our services, you should read the Terms and Conditions Agreement carefully. If you find yourself unable to agree to them, then you must not use the Site. If, however, you agree to them unconditionally you will be given the opportunity to click the "I have read and agree to the Terms and Conditions" checkbox during the registration process, and you will then be able to use the Site to which this Terms and Conditions Agreement applies.

 

In order that a legally binding contract can be formed between Swapmeet and a member, the member is required to accept this Terms and Conditionsunconditionally by clicking the "I have read and agree to the Terms and Conditions" checkbox during the registration process. Swapmeet in its absolute discretion reserves the right to refuse, suspend or cancel the membership of any member without notice. With Swapmeet agreeing to your use of the Site, you agree to comply with this Terms and Conditions Agreement.

 

 

1) Services and Membership

 

Any person wishing to use the Services as a Seller, Buyer, Bidder or Swap Meet Operator must first register as a member. Registration is free.

 

You may become a member by supplying all the required information to Swapmeet and you are required to accept this Terms and ConditionsAgreement unconditionally by clicking the "I have read and agree to the Terms and Conditions" checkbox during the registration process.

 

You may only register as a member of Swapmeet if you can form a legally binding contract that is enforceable against you by law. You must be at least 18 years old to register as a member. By registering as a member, you warrant that you can form a legally binding contract.

 

When registering, you must ensure that your User ID is not, illegal, abusive, indecent, obscene, offensive, racist or threatening in any way and not in breach of any of Swapmeet Terms and Conditions.

 

When creating a User Id or Store name you may not use a term or brand that infringes on someone else’s trademark unless you have authority from the trademark owner. You must not register a User ID or create a store name that is an email address or a web site URL.

 

 

2) Fees and Payments

 

Swapmeet reserves the right to change the fees charged for any of its services at any time.Changes to fees are effective after we provide you with 14 days’ notice by posting the changes on the Swapmeet site.In the event that Swapmeet introduces a new service, the fees for that service are effective at the launch of the service, unless otherwise stated.

 

All fees are inclusive of GST and in Australian dollars, unless otherwise stated in this Terms and Conditions Agreement.

 

Joining Swapmeet, listing items, bidding on listed items, placing wanted ads, creating a store and displaying your club event is all FREE.

 

We DO charge a final valuation fee, only once an item has sold.

 

Final value fees are charged per item sold.

 

The final value fee percentage is based on the total amount paid by the buyer for the item. (note: we don't charge final value fees on postage and handling charges)

 

The final valuation fee is 5.5% for all categories and is capped at a maximum rate of $77 per item sold. These fees are inclusive of 10% GST.

 

We do charge other fees like Featured Auction, Bold Listings etc. When you list an item and choose any of these services that have a fee, you have an opportunity to see these fees as you are listing your item and accept the fees that you will be charged.

 

When listing items for sale on Swapmeet you must agree to our automatic PayPal billing agreement before your item will be displayed on our site. All sellers must have a PayPal account as Swapmeet uses PayPal to collect all fees incurred by members using our services.

 

At the end of each month Swapmeet will issue you an invoice for the month and automatically charge your PayPal account (according to our Automatic Billing agreement) on the 15th of the following month for any fees incurred during that month. If a buyer uses PayPal to pay the seller for an item the Swapmeet system will automatically set the item as paid in the sellers back office and the final valuation fee will be added to the seller’s monthly invoice. If a Buyer uses any other payment method to pay the seller other than PayPal then the Swapmeet system will show that the item is unpaid. It is the responsibility of the seller to login to their Swapmeet account and either chooses “Item has been paid” or “Item Not paid”. If the seller does not login and choose one of the options “Item has been paid” or “Item Not paid” within 30 days of the transaction date then the Swapmeet system will automatically set the item as “Item has been paid” and the final valuation selling fee will be added to the sellers monthly invoice and charged at the end of that month.

 

In the event that a seller chooses “Item Not paid” Swapmeet can at its discretion contact the buyer to investigate if the item was never paid for. If after the investigation Swapmeet finds that the item was in fact paid for by the buyer then Swapmeet has the right to add the final valuation selling fees to the seller’s next month invoice and charged at the end of the month.

 

You are responsible for paying all fees and applicable taxes associated with our sites and services in a timely manner. If your PayPal payment method fails and your account remains past due for 180 days you will be liable for collection costs of a third party collection agency should one be required.

 

 

3) NO Refund Policy.

 

Except as required by law, all fees are non-refundable, including, without limitation, in situations where paid posts are removed by Swapmeet. Payments and purchases may not be canceled by the user, except as required by law.The Swapmeet system gives sellers 30 days to login and set an item as “Item Not paid” and as such once a fee has been added to a user’s monthly invoice and charged for, the FEES ARE NON-REFUNDABLE.

 

 

4) Swapmeet Functions

 

Swapmeet is a venue for members to offer for sale, buy items, list wanted ads and list organization events. Swapmeet is not an auctioneer.
 

Swapmeet gives no warranty for any goods offered.
You acknowledge that Swapmeet does not see or examine any Items that are listed for sale and has no control whatsoever on the actual quantity, quality, safety, legality or the fitness for any purpose of the Item. To the full extent permitted by law, Swapmeet will not accept or assume any liability whatsoever in respect of the Item listed for sale.
 

Swapmeet offers no warranty of completion of a sale.
You acknowledge that Swapmeet makes no representation as to the ownership of Items or as to the ability of either a Buyer or Seller to complete a transaction. Further, Swapmeet does not warrant to any party that any Seller or Buyer will complete the sale or purchase of any Item. All persons are urged to be aware of the risk of dealing with foreign nationals, underage persons or people acting under false pretense or persons having no contracting capacities.
 

Swapmeet offers no warranty of identity of persons.
You acknowledge that Swapmeet, cannot and does not confirm the identity of each User. You are therefore advised to be careful in dealing with other Users to avoid fraud. You are encouraged to communicate directly with such proper or competent authority or source for the purpose of evaluating the person with whom you are dealing. Swapmeet takes no responsibility for any action or omission of any User.
 

Swapmeet offers no warranty as to accuracy of information.
You acknowledge that Swapmeet does not control the information provided by other Users which is made available through this Site. Swapmeet therefore makes no warranty as to the accuracy of any information provided by any person through the use of the Services.
 

To the full extent permitted by law,Swapmeetdoes not accept responsibility for any loss or damage, however caused (including through negligence) which you may directly or indirectly suffer in connection with you use of the Site, nor does it accept any responsibility for any such loss arising out of your use of or reliance on information contained on or accessed through the Site.
 

Swapmeet Release.
In case of any dispute between Users or any dispute arising from the use of the Services, Swapmeet and its officers, employees, contractors and agents, whether individually or collectively shall (to the full extent permitted by law) be released from all liabilities claims, demands and damages (actual 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 such disputes.
 

If Swapmeet is required by you or by your order in any litigation in which you are involved whether under subpoena or order of the Court of any competent jurisdiction, including complying with any order for discovery or attending court for giving evidence, you shall bear all costs incurred by Swapmeet in connection with the provision of such service, including Swapmeets costs for taking legal or other professional advice or representation (in all such cases, the costs shall be calculated on an indemnity basis).
 

Clause 4 will survive the expiration or termination of this Terms and ConditionsAgreement.

 

 

5) Obligations of Buyers and Sellers

 

Buyer obligations:
If you, as a Bidder, have been notified that your bid has been successful at the end of the auction, or you have entered into a purchase using the Buy Now feature or you have sent an offer using the haggle feature which has been accepted by the seller you must complete the transaction in the manner specified unless you have a good reason to suspect that the Seller to be fraudulent or is not who they purport to be. By making a bid, buy now or haggle offer to purchase, you warrant and represent to the Seller that you have the legal right to enter into and complete the transaction.

 

At the close of an auction or when using buy now or when a haggle offer has been accepted the buyer must pay to the seller the total amount due including any shipping charges displayed on the item listing.
The method of payment is based on the Seller’s chosen payment methods at the time of listing. The Buyer should be aware of the payment methods accepted by the Seller (which can be found on the items detail page) before making a bid or offer to purchase. The method of delivery is based on the arrangements set by the Seller. The Item may be collected by the Buyer or be delivered to the Buyer by Australian Post, courier or other method specified by the Seller.
 

Bids, Buy Now and Haggle offers are not retractable by the Buyer except in the following exceptional circumstances:
with the seller's agreement before the selling period ends; or
a significant drop in the ratings of the Seller occurs after a bid has been placed as a result of adverse comments from other Bidders or Buyers conducted with the same Seller.

 

Return and exchange policies.
The Item sold may or may not be returned depending on the Seller’s return policy (Which can be found on the items details page). All requests for return of the Item shall be made directly to the Seller concerned and Swapmeet shall not be responsible for processing such requests.

 

Seller obligations:
If you are a Seller, you must ensure that the Item being offered for sale is accurately described and available in sufficient quantity. By listing an Item, you are making an irrevocable offer to sell at or above your start or reserve price to the Buyer unless: you have good reason to suspect that the Buyer is fraudulent or not who they purport to be or the Buyer fails to meet the terms of payment as stipulated by you in your listing.

 

In respect of an auction, you shall not:
Email or contact by any other means the Bidder in an open auction being run by a different Seller, offering similar or the same Items at any price level (known as bid siphoning). Or Manipulate the price of the Item offered by you, either by using a secondary account, an alias or third party or by self-haggling or self-bidding, also referred to as shill-bidding.
 

You shall not offer for sale any Item:
1) which you are not legally able to sell, or which you cannot sell to the Buyer free from all charges liens and encumbrances.
2) which contains trade libelous, defamatory, unlawfully threatening or unlawfully harassing statements whether such statements be in the form of words, drawings, photographs or otherwise.
3) production and sale of any item which infringes any copyright, patent, trademark, trade secret or other proprietary rights or rights of publicity or privacy or any other form of property or proprietary rights, whether intellectual or otherwise.
4) Which is explicit, obscene or contains child pornography.

5) Which is within Swapmeets Prohibited Item List or which is in contravention of any law or regulations governing the sale of the same.

 

Click here for Our Prohibited Item List

 

By offering the Item for sale on this Site, you, as Seller, are warranting and undertaking to Swapmeet  and all Buyers that:
You do not and will not engage in the forbidden dealings as set out above,
the information supplied by you is correct and accurate in all material respects and shall not contain defamatory, trade libelous, unlawfully threatening or unlawfully harassing statements, contain explicit, obscene material or child pornography, contain any viruses, Trojan horses, worms, or other computer programming routines that are intended to damage, detrimentally interfere with, surreptitiously intercept or expropriate any system, data or personal information, you will not list or offer or sell any Item which, by paying to Swapmeet  any Fees, could cause Swapmeet to violate any applicable law or regulation, the Items offered by you are not within the Prohibited Item List.

 

When creating a listing for sale, creating a wanted ad or sending messages to other users you must not create any link directly or indirectly to any website.
 

You may not use Swapmeet to conduct transactions outside Swapmeet, You may not include in your listing title, description or by way of messages any suggestions to conduct transactions outside Swapmeet.

 

 

6) Messages Feedback and Ratings

 

Swapmeet provides a service on the site for the Users of this site to leave a rating and feedback on the trade conduct of any Seller, Bidder or Buyer with whom they have had dealings. Swapmeet also provides a communication system which enables Users to send messages to other Users through Swapmeet.

 

You shall use the Rating system for leaving genuine and bona fide ratings and feedback on the trade conduct of any Seller, Bidder or Buyer with whom you have had dealings. You shall not take any actions which may undermine the integrity of the Rating and feedback system, such as: leaving Ratings for other Users using secondary accounts or third parties, leaving a Rating for yourself using secondary User ID's or third parties, or leaving Ratings if a User fails to perform some action that is outside the scope of the agreed auction or purchase.

 

When using the Rating system, message system or forum boards, you are prohibited from any posting, sending, transmitting, uploading or otherwise publishing through Swapmeet,  any materials that: encourage anyone to trade outside of Swapmeet, encourage anyone to break the law, interfere with anyone else's use of this Site, are abusive, illegal, indecent, obscene, offensive, racist or threatening in any way, violate anyone's copyright or other intellectual or other property right, interfere with the privacy of any other use, contain false or misleading statements of fact or descriptions of the origin of the material or the communication, advertise a website, contain a virus or other harmful component or breach any of Swapmeet terms and conditions or policies.

 

Swapmeet  does not and is under no obligation to monitor or review feedback, ratings, messages, postings, discussions, transmissions and the messages posted or sent through or on the Site and assumes no responsibility or liability arising from the contents of such communications or for any error, inaccuracy, defamation, libel, obscenity or profanity contained in any communication. You hereby unconditionally and irrevocably waive any claim against Swapmeet for defamation, libel or whatsoever arising out of any communication. Swapmeet may reject or remove your material or conversations that are illegal, indecent, obscene or offensive, or that violates the terms of this Agreement in any way or request you to make suitable amendments in order to comply with the terms herein, and Swapmeet reserves the right to claim damages and or apply for other legal remedies in relation thereto.

 

 

7) Swapmeet Rights

 

Swapmeet has the right to suspend or terminate your account without any compensation if you have:
breached the User Agreement set out in this agreement; or (by conviction, settlement, insurance or escrow investigation, or otherwise) engaged in fraudulent activity in connection with this Site.

 

Swapmeet shall have the absolute right to reject or remove any information or materials supplied by you without notice or compensation. Without derogating from this right, Swapmeet shall have the right to reject or remove any information or materials supplied if Swapmeet shall consider (without having to assign any reason therefore) that the information or material, if published or continued to be published, would cause Swapmeet to incur any liability to third parties or would cause Swapmeet to be in breach of any law or regulations of any competent jurisdiction or rights of third parties.

 

Swapmeet shall have the absolute right to withdraw any Item without notice or compensation to a Seller or prospective Buyer. Without limiting this right, Swapmeet shall have the right to withdraw an Item if:
The Item is within Swapmeets Prohibited Items List or your account is suspended by Swapmeet pursuant to the terms of this Agreement or if Swapmeet is unable for any reason whatsoever to verify or authenticate any information provided by you or you are found to have breached the terms of this agreement.

 

 

8) No Warranties

 

This Site is provided by Swapmeet on an "as-is" basis.
To the full extent permitted by law:
Swapmeet will be under no liability to you in respect of any loss of damage (including any indirect or special or consequential loss or damage) which may be suffered or incurred by you or which may arise directly or indirectly in respect of goods or services supplied pursuant to the Services offered over this Site or in respect of a failure or omission on the part of a Seller or Buyer to complete a transaction.
Swapmeet gives no warranty or condition, express or implied other than those expressly set out herein.

 

Swapmeet does not warrant that the functions contained in this Site and the Services provided will be uninterrupted or error free, that defects will be corrected, or that this Site or its servers are free of viruses or other harmful components. Swapmeet does not warrant or make any representations regarding the use or the results of the use of this Site. Swapmeet expressly excludes all guarantees, terms, representations and warranties that would otherwise arise or be implied by law in respect of any Item.

 

The payment gateway and the ancillary payment processing facilities are provided to you for convenience only and Swapmeet gives no warranty, expressed or implied, in connection with such facilities. To the full extent permitted by law, Swapmeet will in no event be liable for any loss, damages, costs or expenses suffered or incurred by you arising out of or as a result of any malfunction, failure, disruption, downtime, interruption, miscalculation, delay, inaccuracy, loss or corruption of data, or any other non-performance related to the payment gateway facilities.

 

 

9) Security of Information

 

No data transmission over the internet unfortunately can be guaranteed as totally secure. Swapmeet cannot ensure or warrant to you the security of any information which you transmit to it. Any information which you transmit to Swapmeet is transmitted at your own risk. When Swapmeet receives your transmission, it will take reasonable steps to preserve the security of such information.

 

 

10) Specific Warnings

 

There is no contract of sale between Swapmeet and you, whether you are the Buyer or Seller. In the event that a bid, Buy Now or Haggle is accepted by a Seller, a contract of sale will be formed directly between the Buyer and the Seller. Swapmeet does not act as agent for either party.

 

You must ensure that your access to this Site is not illegal or prohibited by laws which apply to you.

 

You must take your own precautions to ensure that the process which you employ for accessing the Site does not expose you risk of viruses or other forms of interference which may damage your computer system. Swapmeet is not responsible in the event a transaction is not processed due to difficulties affecting the system. Swapmeet does not warrant to you that the Services will be available at all times or at any specific times. Swapmeet does not undertake to retain listings or to retain records of specific transactions. Swapmeet is not responsible for ensuring that any warranty obligations are honoured.

 

 

11) Restricted Use

 

Unless agree otherwise in writing by Swapmeet, you are provided with access to the Site only for your personal use. Without limiting the foregoing, withoutSwapmeetswritten permission you may not on-sell or otherwise on-transmit information obtained from this Site.

 

 

12) Closing Your Account

 

You may close your Swapmeet account at any time, subject to: Having no outstanding items listed on the website and paying any outstanding fees owing on your account.

You may close your account by emailing support@swapmeet.net.au and requesting your account be closed.

 

 

13) Privacy

 

Swapmeet has a Privacy Policy which applies to all members and is incorporated into this Terms and Conditions Agreement by reference. Our current Privacy Policy is available here: Privacy Policy  or you can view it in the footer of our home page on our website. You must read and accept the Privacy Policy in order to use the Site, by agreeing to these Terms and Conditions you agree that you have read and accept our Privacy Policy and you will continue to be bound by its provisions (and any amendments Swapmeet makes to the Privacy Policy) while you are a member of Swapmeet.

 

 

14) Indemnity

 

You agree to indemnify and hold us and (as applicable) our parent, subsidiaries, affiliates, officers, directors, agents, and employees, harmless from and against any claims, demands, proceedings, losses and damages (actual, special and consequential) of every kind and nature, known and unknown, including reasonable solicitors' fees, made by any third party due to or arising out of your breach of this Agreement or the terms and policies it incorporates by reference, or your violation of any law or the rights of a third party.

 

 

15) Copyright

 

Copyright in this Site including all graphics, logos, icons, texts, audiovisual material and software is owned or licensed by Swapmeet. Except as expressly authorisedby these terms and conditions, you may not in any form or by any means adapt, store, distribute, reproduce, print, display, publish or create derivative works from, any content of the Site or commercialiseany information, products or services obtained from any part of this Site without prior written permission from Swapmeet.

 

 

16) No Agency

 

Swapmeet is not your agent for any purpose in relation to this Agreement.

 

Nothing herein contained shall constitute or create any relationship of agency, joint venture, partnership, employee/employer or franchiser/franchisee between Swapmeet and any Buyer, Seller or any other User of the Swapmeet Site or Services.

 

 

17) Severability

 

Any provision of this Agreement prohibited by or unlawful or unenforceable under any applicable law actually applied by any court of competent jurisdiction shall, to the extent required by such law, be severed from this Agreement and rendered ineffective so far as is possible without modifying the remaining provisions of this Agreement. Where, however, the provisions of any such applicable law may be waived, they are hereby waived by the parties hereto to the full extent permitted by such law to the end that this Agreement shall be valid, binding and enforceable in accordance with its terms.

 

 

18) General

 

You shall comply with all applicable laws, statutes, ordinances and regulations regarding any use of the Swapmeet site and Services and any bidding on, haggle offers, listing, purchase and sale of the Item herein.

 

You must not use any device, software or routine to interfere or attempt to interfere with the proper working of this Site or any auction or listing being conducted on the Swapmeet Site.

 

You must not take any action which imposes an unreasonable or disproportionately large load on the infrastructure of the Swapmeet Site;

 

You must not disclose or share your password to any third parties or use a third parties password for any unauthorized purpose.

 

Do not assume that any practices or conduct of other Users that you observe is necessarily in accordance with their obligations under this Agreement or that you can act in a similar way. Swapmeet does not approve or validate transactions, communications or advice and you accept sole responsibility for the legality of your actions under laws applying to you. Swapmeet does not accept any obligation to protect you from any unsafe merchandise, products or services that may be offered on Swapmeet. Please do not assume that such items offered will be harmless to people or property.

 

Except as explicitly stated otherwise, any notices shall be given by way of email and in respect of the User, notices shall be deemed given if sent to the email address provided by the User to Swapmeet during registration process or such other address as the User shall specify, or by posting such notices on this Site. Alternatively Swapmeet may give notice to the User by ordinary post to the address provided to Swapmeet during the registration process. In such cases, notice shall be deemed given 7 days after the date of mailing.

 

If any provision of this Agreement is held to be invalid or unenforceable, such provision shall be struck out of these terms of Service Agreement and the remaining provisions shall remain in force. Headings are for reference purposes only and in no way limit, define, construe or describe the scope or extent of the section. Swapmeets failure to act with respect to a breach by you or others does not waive our right to act with respect to subsequent or similar breaches.

 

 

19) Jurisdiction

 

This Agreement is subject to the laws of Victoria, Australia.

 

This Agreement and/or your access to this site may be terminated by Swapmeet at any time without notice.

Where this agreement is terminated, those clauses capable of surviving such termination shall do so.

 

In our sole discretion, we may assign our rights and obligations under this Agreement to another entity.

 

 

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