OurSwaps.com Buy Swap Stuff & Sell, Swap Meets, Swap & Shop

Untitled Document

ourswaps.com user agreement

1. Overview

1.1 �This agreement describes the terms and conditions that govern the use of the services on this website by the nominated registered user that completes the registration process (whether through this website or an approved third party) (you).

1.2 Before you become a user of our services, you must read, agree with and accept all of the terms and conditions contained in this agreement and our policies, including our Privacy Policy (Policies). You agree that the Policies, which may change from time to time, form part of this agreement. These terms, conditions and Policies are referred to collectively as Website Terms. By accepting this agreement you agree to be bound by all the Website Terms.

1.3 We may, at our sole discretion, vary or modify the Website Terms from time to time. The amended Website Terms will be posted on this website and a notice advising of the change will be posted on our forum board. Any subsequent access to, or use by you, of this website will constitute an acceptance of these Website Terms as they appear at that time.

1.4 Except as specifically permitted under the terms of this agreement, these Website Terms cannot be amended except in writing signed by you and us.

1.5 In this agreement, a reference to "you" includes a reference to anyone acting on your behalf or with your express or implied authority.

2. The service

2.1 This website provides access to forums for selling, purchasing and swapping of items. Unless expressly stated otherwise, any new features that augment or enhance the current service, will be subject to these Website Terms. You understand and agree that the services are provided "AS-IS" and that we assume no responsibility for the timeliness, deletion, mis-delivery or failure to store any user communications or personalization settings. You are responsible for obtaining access to the services, and that access may involve third-party fees (such as Internet service provider or airtime charges). You are responsible for those fees. In addition, you must provide and are responsible for all equipment necessary to access the services.

2.2 We may change our services and suspend, terminate or restrict your subscription at any time if we believe that this is reasonably justified within the Website Terms. Our services are only available to individuals (that is, natural persons) and entities who are capable of forming legally binding contracts under applicable law. Your membership is not transferable, unless otherwise agreed by us.

3. Forums

3.1 As a registered user, you may access, create, establish or contribute to any forums on this website for the purpose of selling, purchasing and/or swapping items (as applicable) (the Exchange).

3.2 Our forums allow you:

(a) to advertise for items owned by you;

(b) where a purchaser makes a bid that is accepted by you, to Exchange items owned by you;

(d) where a bid is accepted, to purchase items advertised for Exchange by a vendor.

3.3 In relation to items offered for Exchange through the forums, you warrant that:

(a) you have full, complete and unencumbered title to the item;

(b) the information you provide on the forum is true, complete and accurate; and

3.4 If you are the vendor of an item you must not directly or indirectly place bids for that item on the forums or manipulate the bidding in any other way.

3.5 Any bid that you make via the forums will:

(a) constitute a conditional offer to Exchange the item advertised by the vendor for the price, subject to agreeing the terms and conditions of Exchange;

(b) remain open for the period of time specified on the forum; and

3.6 If you are a vendor and receive at least one bid at or above your stated minimum price, you must:

(a) contact the highest bidder directly to confirm that it has placed the winning bid;

(b) provide the highest bidder with your terms and conditions of Exchange; and

(c) promptly complete the transaction with that purchaser, unless the purchaser fails to agree to your terms and conditions of Exchange or you cannot verify the purchaser's identity.

3.7 If you are a purchaser and you receive notice from the vendor that you are the winning bid, you must, if you agree to the vendor's terms and conditions of Exchange, promptly complete the transaction with the vendor.

3.8 It is important to recognise that Geekdom is not involved in the actual transaction between any vendor and purchaser and our role is merely to provide the forums through which registered users can participate in. You acknowledge that we:

(a) have no control over the quality, quantity or description of any items offered for Exchange;

(b) are not the owners of any items offered for Exchange;

(d) are not responsible for ensuring that a vendor and purchaser complete a transaction.

3.9 We are not an employee, agent, partner, joint venturer or contractor of any vendor or purchaser of any item. We are not a direct or indirect party to any contract of Exchange entered into between a vendor and purchaser.

3.10 To the extent permitted by law, we do not provide any warranties or accept any liability in connection with the advertising or Exchange of any items that appear on the forums. Among other things:

(a) it is the responsibility of the purchaser to satisfy itself that the vendor of an advertised item has full, complete and unencumbered title to the item;

(b) it is the responsibility of the vendor to satisfy itself that the purchaser has the requisite power, authority, legal and financial capacity to purchase the advertised item; and

(c) it is the responsibility of both the vendor and purchaser to complete the Exchange of the advertised item following the submission by the purchaser of a winning bid.

3.11 We have the right in our discretion to cancel or stop an online Exchange at any time. This may occur, for example, where we suspend a vendor's access to the forums in circumstances where we suspect the vendor is in breach of these Website Terms.

3.12 Any disputes between a vendor and purchaser in relation to the Exchange of any item must be resolved by the parties concerned. You release us from and against all actions, claims, suits, demands, damages, liabilities, costs and expenses that may arise out of or are in any way connected to such disputes.

4. Fees and charges

4.1 There is no licence fee to access the forums provided as part of the services.

4.2 Vendors that advertise an item for Exchange using our forums will be charged credits as stipulated in the Credits section of this website.

General terms and conditions

The following general terms and conditions apply to all Subscriber users and the use of the Service.

5. Your account

5.1 You must be a registered user before you can use any of the services provided through this website. You must be an individual who or an entity which can form a legally binding contract under applicable law to register as a user of this website. Without limiting the foregoing, the services are not available to persons under 18 years of age. To register as a user of this website, please click here. We reserve the right to refuse to register a user of this website for any reason.

5.2 You warrant that if you are signing or accepting these Website Terms on behalf of an entity that you are authorised to sign or accept these Website Terms on behalf of that entity.

5.3 All accounts must be registered with a valid personal email address. Accounts registered with someone else's email address, or with temporary email addresses, may be closed without notice. We may require users to re-validate their account if we believe they have been using an invalid email address.

5.4 If you fail to abide by these Website Terms, we may immediately without notice or liability to you suspend or terminate your account, registration or access to any or all services available on this website. If we suspend or terminate your account, registration or access, you must not set up any further accounts, re-register or otherwise use or access this website.

6. Your obligations

6.1 You must not:

(a) use this website for any activities which breach any laws or regulations or infringe any third party rights;

(b) use this website to send any spam or unsolicited electronic mail messages to anyone;

(d) use the personal information of another person in order to access or use this website;

(e) tamper with, hinder the operation of or make unauthorised modifications to this website; or

(f) transmit any bug, virus or other disabling feature to or through this website.

6.2 You must not post any content or information on any forums on this website which is or is likely to be:

(a) abusive, obscene, offensive, pornographic or indecent;

(b) defamatory of any person;

(d) in breach of any obligations of privacy or confidence;

(e) harassing, insulting or vilifying of any person, including based on race, religion, sexual orientation, gender, age or disability;

(f) in breach of any laws; or

(g) false, misleading or deceptive.

6.3 You indemnify us from and against all actions, claims, suits, demands, damages, liabilities, costs and expenses that may arise out of or are in any way connected to your use of this website.

7. Information and content

7.1 The content and format of this website may be changed by us at any time, without notice, in our absolute discretion.

7.2 This website may include information and content provided by third parties (Third Party Information). We do not verify Third Party Information, which may not be complete, timely or accurate for your purposes. We make no representation or warranty of any kind as to the accuracy, timeliness or completeness of Third Party Information, nor do we endorse any Third Party Information.

7.3 This website includes information and content developed by us (Our Information). You acknowledge and agree that:

(a) Our Information is intended only to provide a summary of the relevant subject matter and its brevity could lead to misinterpretation;

(b) while we use all reasonable endeavours to ensure that Our Information is up to date, this is not always possible due to the fast moving nature of internet technology; and

7.4 You should not rely on Our Information as your exclusive or primary source of information. You should not use Our Information to replace advice given by a qualified professional. To the extent permitted by law, we do not warrant the accuracy or timeliness of Our Information and no responsibility can be accepted for those who act on Our Information without first consulting us and obtaining specific advice.

7.5 Information posted on a forum by users of this website has not been independently verified by us. We are not liable for any incorrect, misleading, deceptive, defamatory, obscene, offensive or pornographic material which is posted on any forum, nor are we liable for any material posted on any forum which is a breach of any intellectual property rights, moral rights or privacy rights of any party or of any law.

7.6 We may from time to time moderate the information appearing on our forums. However, to report undesirable posts or to bring to our attention users who may not be following these Website Terms, please email admin@mysitemarket.com. Please do not post your grievances on this website.

8. Security, viruses and linking

8.1 We do not guarantee the security of this website. We do not warrant that access to this website will be uninterrupted or error free, that defects will be corrected, or that this website or the server that makes it available are free of viruses or bugs. You acknowledge that it is your responsibility to implement sufficient procedures and virus checks to satisfy your own requirements.

8.2 Should you leave this site via a third party link, you acknowledge that:

(a) you do so at your own risk;

(b) the content to which you link will not have been produced, checked for accuracy, or otherwise reviewed by us; and

9. Intellectual property

9.1 Except for content provided/posted by you to any forums on this website, all intellectual property rights in this website, including any information, software and tools accessed via this website, will remain vested in us.

9.2 You may not copy, reproduce, modify, reverse engineer, disassemble, decompile, transmit or communicate to the public this website, or any information, software and tools accessed via this website.

10. Confidentiality and privacy

10.1 Any communication or material sent by you to this website by electronic mail or otherwise, including any data, questions, comments or suggestions, are and will be treated as non-confidential, except to the extent that any such communication or material or any part of it comprises personal information as defined in the Privacy Act 1988.

10.2 We respect your privacy. Our Privacy Policy applies to any personal information collected by us from users of this website.

11. Fees and charges

11.1 Unless otherwise specified in these Website Terms, any fees and charges payable to us must be paid within 14 days of our invoice, without deduction or set off by you. We will issue invoices to you electronically.

11.2 All amounts payable to us are exclusive of any goods and services tax (GST) which shall be paid in addition to any amount specified as payable.

11.3 We may set off any amounts we owe to you against any amounts owing to us under or in connection with these Website Terms.

12. Our liability

12.1 Subject to any condition, warranty or right implied by the Trade Practices Act 1974 or any other law which cannot by law be excluded by agreement:

(a) we give no warranties, and you have no other rights, apart from those, if any, expressly set out in these Website Terms; and

(b) all implied conditions, warranties and rights are excluded.

12.2 Without limiting paragraph 12.1, to the extent permitted by law, we do not give any warranty of reliability, quality, fitness for purpose, merchantability or accuracy nor accept any responsibility arising in connection with any errors in, or omissions from, the information, software or tools provided on or by this website.

12.3 Where any condition, warranty or right is implied by law and cannot be excluded, we limit our liability for breach of that implied condition, warranty or right:

(a) in connection with the supply of goods, to any one or more of the following, as we may determine- the replacement of the goods or the supply of equivalent goods, the repair of the goods, the payment of the costs of replacing the goods or of acquiring equivalent goods or the payment of the costs of having the goods repaired; and

(b) in connection with the supply of services, to one of the following, as we may determine- the supplying of the services again or the payment of the costs of having the services supplied again.

12.4 Subject to paragraphs 12.1 and 12.3, we are not liable to you in contract, tort (including negligence), under any statute or otherwise for, or in respect of, any:

(a) indirect or consequential loss or damage; or

(b) loss of profits, sales, turnover, reputation, production, anticipated savings, goodwill, business opportunities, customers, software or data, whether of a direct, indirect or consequential nature,

suffered by you or any other person and arising out of any breach or other act or omission in connection with these Website Terms.

12.5 Subject to this paragraph 12, our total and aggregate liability in contract, tort (including negligence), under statute or otherwise for, or in respect of, any direct loss or damage arising out of any breach or other act or omission in connection with these Website Terms will not exceed the total amount paid by you to us for use of the services on this website.

13. Miscellaneous

13.1 These Website Terms record the entire agreement between you and us and supersede all previous negotiations, understandings, representations and agreements in relation to the subject matter of these Website Terms.

13.2 If any part of these Website Terms is for any reason unenforceable, that part must be read down to the extent necessary to preserve its operation. If it cannot be read down, it must be severed.

13.3 Any failure or delay by us to exercise or enforce these Website Terms does not waive our rights to enforce these Website Terms.

13.4 These Website Terms shall be governed by and construed in accordance with the laws of New South Wales, Australia. You submit to the jurisdiction of the courts of New South Wales, Australia.

13.5 If you have any questions or feedback about this website or these Website Terms, please contact admin@ourswaps.com.