Melbourne Bargains - free ads, free auctions, free online classifieds

Welcome to Melbourne Bargains, Melbourne's own online trading community. These terms and conditions are intended to assist and keep Melbourne Bargains a safe place to trade.

The MelbourneBargains.com web site offers a service owned by Australian Bargains Pty Ltd [ACN 116 892 543] for both private and commercial users that allows for the selling and buying of goods and services. Australian Bargains Pty Ltd is an Australian company based in Brisbane, Australia.

1.1 Acceptance of terms and conditions: The terms and conditions are the terms on which Australian Bargains Pty Ltd (hereafter called Australian Bargains) offers you access to the services and the web site. By registering as a member of the MelbourneBargains.com web site 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: These terms and conditions may be amended in whole or in part by Australian Bargains from time to time. Amendments will be effective immediately upon posting of the amended terms and conditions on this web site. 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 26 October 2006.

1.3 Terminology: In these terms and conditions, the following expressions have the meanings set out:

'item', or 'items' means goods that may be bought or sold through the auction or classified process;

'member' means a registered member of the MelbourneBargains.com web site, owned and operated by Australian Bargains Pty Ltd;

'services' means any one or more of the offered by MelbourneBargains from time to time, including online auctions, classifieds, message boards, and chat rooms and any other service that Melbourne Bargains may offer;

'we', 'us' and 'our' are a reference to Australian Bargains Pty Ltd and this web site www.MelbourneBargains.com;

'you' and 'your' are a reference to you;

'web site' means the MelbourneBargains.com web site through which the services are offered;

and

'listing' means a listing on the web site through which you offer, negotiate and buy or sell any item, whether by auction or classified.

SPECIFIC WARNINGS

2.1 The services: The MelbourneBargains.com web site provides a venue to introduce members who want to buy and sell items. Australian Bargains does not take any part in the sale of items other than by providing the MelbourneBargains.com web site 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. As a result, even though some of the services are referred to as an auction, Australian Bargains is not an auctioneer (whether under any Property Agents & Motor Dealers Acts in Victoria, or any other act, or otherwise).

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 Australian Bargains 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. Australian Bargains gives no undertakings, representations, or warranties in relation to items sold or listed on the web site, including:

about ownership of any item;

as to the content, safety, description, worthiness, quality, or legality of the items that are listed on the web site;

as to the accuracy or truth of listings; that any item will meet your requirements or expectations; or about the ability of members to complete a transaction.

2.3 Disclaimer: You expressly understand and agree that:

you use of the services is at your sole risk. The web site 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, Australian Bargains 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;

Australian Bargains 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 web site is error-free or reliable;

no advice or information that is obtained by you from Australian Bargains or anyone else shall create any warranty by Australian Bargains that is not expressly stated in the terms and conditions; and

responsibility for the content of advertisements appearing on this web site (including hyperlinks to advertisers' own websites) rests solely with the advertisers. The placement of such advertisements on the web site does not constitute Australian Bargains recommendation or endorsement of the advertised product or service. Each advertiser is solely responsible for any representation made in connection with its advertisement.

2.4 Liability: You agree that, to the maximum extent permitted by law, any and all liability and responsibility of Australian Bargains to you or any other person under or in connection with these terms and conditions, or in connection with the services, this web site, another Member's acts or omissions, or your use of or inability to use, the services or this web site is excluded regardless of whether such liability arises in contract, tort (including negligence), equity, breach of statutory duty or otherwise. Australian Bargains 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 completed a transaction, your use of Australian Bargains message boards and chat rooms, your sale or attempted sale of an item prohibited under clause 4.2(c), 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 AustralianBargains, Australian Bargains may limit your activities on the web site, remove your bids or listings, 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 Australian Bargains considers it appropriate.

BECOMING A MEMBER

3.1 Becoming a Member: Becoming a member is free. You may only register as a member if you are resident in Australia and can form a legally binding contract that is enforceable against you. For example, you must be 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 Australian Bargains to ensure it is kept current at all times. You must not register as a member under multiple identities or personas (whether false or not). Australian Bargains may phone or mail you to verify these details.

3.3 Termination of membership: Australian Bargains reserves the right to decline to register or to terminate your membership without entering into further discussions with you. Without limiting the foregoing, Australian Bargains may terminate your membership if a serious complaint or multiple complaints are received about you from other members, you breach these terms and conditions, you impersonate another member, or we, at our sole discretion, deem your behavior to be unacceptable. Members who have registered under multiple aliases will have all of their aliases disabled.

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, or any information that may allow them to gain access to your membership.

GENERAL RULES

4.1 General

All listings, bids or communications made through Australian Bargains shall be made in good faith. You must not attempt to damage, interfere or harm the web site or services, or any network, or system underlying or connected to them, including by using a robot, spider, scraper or other automated means to access the web site or information feature 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 Australian Bargains message boards.

You must list auctions and classifieds in Melbourne dollars and include GST in the price. 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 Australian Bargains process or otherwise seek to avoid any Australian Bargains success fees we may introduce in the future. Attempts by you to avoid fees, including through multiple memberships, premature auction withdrawal, or otherwise, may result in Australian Bargains suspending or terminating your membership at the discretion of AustralianBargains.

Contracts for the sale of land must be in writing to be legally enforceable. We recommend that, after the seller accepts the highest bid for real estate via the services, you and the other member should agree in writing the price and terms of sale for the real estate after each of you has obtained independent legal advice.

You must not use the services or the web site to promote items for sale outside the services.

Australian Bargains memberships are not transferable and therefore can not be sold or traded.

4.2 Your obligations as a seller

Sellers must be located in Australia. Sellers outside of Australia are not permitted to sell on Melbourne Bargains.

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.

You will only place listings for items that exist and are to be sold. You will not list items that you are not legally entitled to sell or that are not in your possession. In the case of automobiles that are offshore or in transit to Australia you must hold clear proof of ownership of such vehicles before being able to list them. You must also clearly indicate that such vehicles are offshore or in transit in the listing.

You must not sell illegal, offensive (including anything of a defamatory, pornographic, or racially or ethnically objectionable nature), stolen, or unsafe items, items which infringe 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 item listed by you does not breach this clause 4.2(d). You agree that Australian Bargains 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(d) at any time.

When you list an item for auction on Melbourne Bargains, 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 for an auction after bidding has begun, you may in the future incur a non-refundable withdrawal fee, regardless of the reason.

Melbourne Bargains classifieds may be used by individuals or businesses to sell specific items only and must not be used for multiple or generic item listings.

Your listing may contain a URL for a website that contains further information on the item you have listed. However this website must not offer any items for sale, or contain contact details. You must not use Melbourne Bargains listings to promote a business or web site other than the MelbourneBargains.com web site.

You must not use the services or the web site to sell items that are of a speculative nature including, but not limited to pyramid, surf-for-free, or similar schemes.

You must not manipulate prices through ghost-bidding or assuming multiple roles in a single transaction.

For auctions, you must sell to the highest bidder if the reserve price is met. You must only sell to a bidder who is not the highest bidder after reasonable attempts have been made to contact the winning bidder without success.

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. Australian Bargains reserves the right to remove any listing that it deems unsuitable or in breach of the terms and conditions.

You must not link a listing to any page outside the web site unless the page directly promotes the sale of the items in the listing. 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.
The sale of films, videos, DVDs, VCDs and laser disks is covered by the relevant state and Commonwealth of Australia Acts. It is an offence to sell any of these items if they have not been examined and classified by the appropriate agencies. If any publication was sold, and deemed to be objectionable and where the seller knew the publication was objectionable, the maximum penalty is high. Therefore, when listing these items for sale, you must include within your listing, the Australian classification rating and all information on the classification label.

The selling of firearms on Melbourne Bargains is within the provisions of the Victorian Weapons Acts and other State, Territory and Commonwealth of Australia legislation.

Sellers and buyers must inform themselves of the requirements of all state, territory and Commonwealth Acts. Those trading firearms or ammunition face to face should ensure that they sight the firearms license of the person they are trading with.

4.3 Your obligations as a buyer

You must be located in Australia to buy on Melbourne Bargains. People who reside outside of Australia are not permitted to purchase items off Melbourne Bargains.

Your bids are not retractable and you must only place a bid if you intend to buy the relevant item at the bid price entered. Reasonable allowances should be made for postage where applicable.

If you are notified that your bid has been successful, you must complete the transaction in the manner specified. By making a bid, you warrant and represent that you have the legal right to enter into and complete the transaction.

You must make full and prompt payment for an item bought by you.

You agree to your username and the amount of your bid being publicly shown on the Melbourne Bargains website.

If your bid is successful and you do not pay for the item, you will receive a warning from Melbourne Bargains if the seller complains about you. After 3 such complaints, Australian Bargains may suspend or terminate your membership.

You must only access the Adult category if you are at least 18 years old.

You may not bid on an auction that has been listed by a family member, flat mate, friend or any member that is personally known to you, in order to raise the price of that auction.

4.4 Feedback

Feedback you provide on other members must not contain offensive, defamatory or inappropriate language. Melbourne Bargains reserves the sole right to determine what is considered offensive, defamatory or inappropriate language.

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.

You must not post feedback about yourself or include any contact details or personal information in your feedback. Feedback is provided for the sole purpose of facilitating trading between members on the Melbourne Bargains web site. You must not market or export any feedback to any venue other than the Melbourne Bargains web site. Linking to your Melbourne Bargains feedback from other buying and selling websites will be considered a breach of our terms and conditions.

FEES AND ACCOUNTS

5.1 Melbourne Bargains Listing Fees and Success Fees

Australian Bargains charges fees for the use of the web site as a venue.

Melbourne Bargain's current fees are listed on the listing pricing page. Any non-commission listing fees are charged at the time of listing and are not refundable. Australian Bargains will only issue refunds in the form of credit to the Australian Bargains account of the member. Cash refunds will not be issued. Credits on accounts with Australian Bargains are not transferable between members.

Australian Bargains 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 Melbourne resident, then all fees are inclusive of GST and in Australian dollars unless otherwise stated. Unless otherwise stated in these terms and conditions, no interest or other financial charges will be applied to Melbourne Bargains account balances.

Australian Bargains reserves the right to investigate queries regarding the refund of success fees with bidders, other members, Internet Service Providers, and any other relevant party.

Before listing an item, you should review Melbourne Bargains fees to ensure you are aware of the fees that you will incur.

You must pay the fees immediately upon demand by Australian Bargains.

5.2 Australian Bargains Accounts

AustralianBargains may maintain credit accounts for some members and from which members must pay fees including payment of advance listing options. Australian Bargains account may not be used for the payment of items sold using the services.

Any payment to your Melbourne Bargains account of an amount less than $10 incurs a $2 handling fee that is payable to Australian Bargains. You must settle any negative account balance immediately. Australian Bargains reserves the right to take action against you to recover outstanding debts. You are liable for all expenses (including legal fees) that Australian Bargains incurs when collecting that debt.

If your membership is terminated Australian Bargains will refund the balance of your credit account, less a $5 manual processing fee that is payable to Australian Bargains. Consequently, no refund will be made if the account balance is below $5. If your membership is removed due to breach of our terms and conditions it is at our discretion whether you are eligible for a refund. Promotional giveaways of Australian Bargains 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 web site for a period of 24 months (two years), any unused balance on your account is forfeited to Australian Bargains and your membership will be suspended.

GENERAL PROVISIONS

6.1 System Integrity: Australian Bargains will use its reasonable endeavors to ensure the availability of the web site and services, subject to any downtime required for maintenance. However, Australian Bargains takes no responsibility for any system unavailability, or for any loss that is incurred as a result of web site or services being unavailable. Further, Australian Bargains assumes no responsibility for the corruption of any data or information held by the MelbourneBargains.com web site .

6.2 Resolution of disputes: As Australian Bargains is not a party to any sale or transaction between you and another member, you agree not to involve, or attempt to involve, Australian Bargains in any dispute or in the resolution of disputes that arise between you and another member as a result of the services provided.

6.3 Melbourne Bargains message boards and chat rooms: Australian Bargains may provide Message Boards and Chat Rooms for the use of Melbourne Bargains members. The Message Boards and Chat Rooms may not be used to promote auctions, web sites or any commercial or business activity. Australian Bargains is not responsible for any of the opinions expressed in the Message Boards and Chat Rooms. By posting a message to the message board or chat room 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), Australian Bargains has no liability for any lack of performance, unavailability or failure of the services or the MelbourneBargains.com website or for any failure of Australian Bargains to comply with these terms and conditions where the same arises from any cause reasonably beyond the control of Australian Bargains.

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 the State of Queensland, Australia. You submit to the non-exclusive jurisdiction of the Courts of Queensland.

6.8 Intellectual Property Rights: Australian Bargains (and its licensors or suppliers, as the case may be) owns all proprietary and intellectual property rights in the web site (including text, graphics, logos, icons and sound recordings) and the software and other material underlying and forming part of the services and the web site. 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 web site; or

Commercialise, copy, or on-sell any information, or items obtained from any part of this web site.

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: The MelbourneBargains.com website collects personal information about you through your use of the services and the web site, including: your registration details; and information relating to your use of the web site and the content you access.

You agree that Australian Bargains may use this personal information to assist us to provide the services to you, for internal research purposes, to verify your identity, for promoting and marketing other Australian Bargains products and services to you, and for any other use that you authorise. We will not sell or allow third parties to access your personal information without your consent, however you agree that Australian Bargains 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(c) at any time. Please review our privacy policy.

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