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| 11 Mar. 2010 | BROWSE |
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Terms and Conditions Introduction: RazorBid offers its services to its members. Membership is a privilege, not an entitlement, and RazorBid may change its services and suspend, terminate or restrict your membership at any time if it believes that this is reasonably justified with regards to any Policies or Agreements outlined by RazorBid. In the event that RazorBid changes its services, suspends, terminates or restricts your membership in the circumstances outlined above or in this agreement, you may not be able to access our services temporarily or permanently and you are prohibited from applying for a new account. Our services are only available to, and may only be used by, individuals (that is, natural persons and not corporate entities) who can form legally binding contracts under applicable law. Without limiting the foregoing, our services are not available to persons under 18 years of age. If you do not qualify, you must not use our services. Although an account may be styled in a corporate, company or business name, it at all times is taken to be the personal account of the member who is registered on the account. Your membership is not transferable. Your RazorBid account (including feedback and associated member User ID and Username) may not be dealt with in any way. In particular, you must not allow others to use them and must not transfer or sell them to another party. While you are a member you must maintain control of your account. You are responsible for what occurs on that account and must report any unauthorised use of your account to us. Fees and Services: Bidding on our site is free. Listing and selling items on our site incurs fees which are set out in our Site Fees which is located at the top right hand tab on RazorBid named "Site Fees". When you list an item you have an opportunity to review and accept the fees that you will be charged for the use of our services. Like all Policies, we may change our Site Fees and the fees for our services from time to time. Changes to the Site Fees are effective seven (7) days after we post notice of the changes on our front page News. We may choose to temporarily change our Site Fees and the fees for our services for promotional events (for example, a free listing week) and such changes are effective when we post the temporary promotional event on the front page News section of our website. If we introduce a new service, the fees for that service are effective at the launch of the service. Unless otherwise stated, all fees are quoted in Australian Dollars. You are responsible for paying all fees associated with using our services and our site and all applicable taxes (including any goods and services or value added taxes, which will be added to amounts billed to you, if applicable). You must not charge a buyer any additional fees on top of the final price of an item and the included postage amount as listed combined in the auction. For this reason, you may wish to consider RazorBid fees when determining the minimum or fixed price at which you list an item.
No Warranty: We and our suppliers provide our site and services on an “as is” basis, and without any warranty or condition, express or implied. To the extent permitted by law, we and our suppliers specifically disclaim any implied warranties of title, merchantability, fitness for a particular purpose and non-infringement unless we are required to provide such warranties under applicable law. This includes but is not restricted to:
b. in the case of services:
Safe Trading:
Because user identification on the Internet is difficult, RazorBid cannot and does not confirm each member's identity. Thus, we have established a member-initiated reputation system to help you evaluate the member you choose to deal with. We also encourage you to communicate directly with potential trading partners through the tools available on our site. You may also wish to consider using a third party escrow service such as PayPal, WorldPay, 2Checkout for example or services that provide additional user verification. You may only use those third party services if the seller has specified that particular option for payment within their auction. Bidding and Buying:
By bidding on an item you agree with the seller to be bound by the conditions of sale included in the item's description, subject to any exceptions set out here, such as where the conditions of sale are in breach of this Agreement or unlawful. If you purchase an item through one of our fixed price formats or are the highest bidder on an item listed in auction format, you are obliged to complete the transaction with the seller, unless the item is prohibited by law. Online Auctions: Although we are commonly referred to as an online auction web site, it is important to realise that we are not a traditional "auctioneer". Instead, our Site merely acts as an online venue to allow members to communicate and offer, sell, and buy just about anything, at anytime, from anywhere, in a variety of formats, including a fixed price format and an auction-style format commonly referred to as an "online auction". You acknowledge and agree that RazorBid is not involved in the actual transaction between buyers and sellers. As a result, RazorBid has no control over the quality, safety or legality of items or content posted by members on our site, the truth or accuracy of listings, the ability of sellers to sell items or the ability of buyers to buy items. We cannot ensure and do not guarantee that a member or browser of our site will actually complete a transaction or act lawfully in using our site. Mediation and Dispute Resolution:
We encourage you to try and resolve disputes with other members directly with them.
Breach: If RazorBid believe in any way you have breached Policies or Terms and Conditions outlined by RazorBid we reserve the right to terminate or delay any of your auctions, issue you with a warning, restrict access to your account, temporarily suspend, indefinitely suspend or terminate your membership and refuse to provide our services Listing Description:
You must be legally able to sell any item you list for sale on our Site. You must describe your item fully and accurately and include all terms of sale on the listing page of our Site. Your listings may only include text descriptions, graphics, pictures and other content relevant to the sale of that item, including any information that you are required to provide by any applicable law. The listing and the content of the listing must be your own work or work that you are legally entitled to use. All listed items must be listed in an appropriate category. All Dutch auction items must be identical. At any one time you may not promote identical items in more than twenty (20) online auction listings (whether Dutch or Regular auction-style) on our Site. Fraud:
Without limiting any other remedies available to RazorBid at law, in equity or under this Agreement, RazorBid may, in its sole discretion, suspend or terminate your membership if we reasonably suspect or believe, or are informed by a government authority, that you (by conviction, settlement, insurance or escrow investigation, or otherwise in our sole discretion) have engaged or may engage in fraudulent activity using, or otherwise in connection with your use of our website, and you will have no claim whatsoever against RazorBid in respect of any such suspension or termination of your membership. Release:
RazorBid are not involved in the actual transaction between buyers and sellers and to the extent permitted by law RazorBid specifically disclaims all liability for any loss or damage, (actual, special, direct, indirect 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 your transaction. RazorBid is not involved with or a party to any transactions that take place between members. RazorBid does not accept any liability in respect of your involvement in any mediation, arbitration, tribunal hearing, court proceeding or other proceedings (of whatever nature) with a buyer or a seller (as the case may be) in any way arising out of or in any way connected with your transaction. RazorBid may plead this agreement in bar to any claim, action, proceeding or suit brought by you, against RazorBid for any matter arising out of any RazorBid transaction or otherwise in respect of this agreement. Information Control:
We send you communications and notices regarding your transactions and your account on our website. They do not represent any endorsement, guarantee or legitimisation of your transactions. You are responsible for completing all transactions you participate in (including monitoring their status and complying with all relevant legal obligations). Other members sometimes provide us with information about a transaction. We do not control, endorse or approve this information by making it available to you. You may find information posted by other members to be offensive, harmful, inaccurate, or deceptive. Please use caution and common sense, and practice safe trading when using our website. Please note that there are risks in using our site, including dealing with under age persons or people acting under false pretense. Additionally, there may be risks with international trading and dealing with foreign nationals. Infringement of Rights:
You must not, by any means, infringe the rights (including intellectual property rights) of others. Examples of prohibited conduct include listing or selling ‘knock offs’ and counterfeit items regardless of how you describe them. No Agency:
No agency, partnership, joint venture, employee-employer, franchisor-franchisee or other similar relationship is intended to be or is created by this Agreement. In particular you have no authority to bind RazorBid, its related entities or affiliates in any way whatsoever. 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. Liability:
To the extent permitted by law in no event shall we, our affiliates and related entities or our suppliers be liable for lost profits or any special, incidental or consequential damages arising out of or in connection with our site, our services or this agreement (however arising, including negligence). You agree to accept sole responsibility for the legality of your actions under the laws which apply to you. You agree that RazorBid and all affiliates and related entities of RazorBid have no responsibility for the legality of our members' actions. Access and Interference:
You must not:
Copyright: All items including text, graphics, logos, icons, audio, visual material and software is owned or licensed by RazorBid. You may not in any form or by any means adapt, reproduce, store, distribute, print, display, perform, publish, or create derivative works from, any content of this website without RazorBid’s prior written permission. Change of Agreements & Policies:
RazorBid reserves the right to change, alter, ammend or remove and Terms and Conditions or Policies assocated with RazorBid at anytime without prior notification to users or any members associated with RazorBid. Privacy:
RazorBid has a Privacy Policy which applies to all members and forms part of this Agreement. General Compliance with Laws: You shall comply with all applicable laws, statutes, ordinances and regulations regarding his/her use of the services and any bidding on, listing, purchase and sale of the item. Australian & New Zealand residence are subject to the laws of Queensland, Australia. International users comply with the Policies, domestic laws (including common law) international laws, statutes, ordinances and regulations regarding your use of our services including bidding on, listing, purchase, solicitation of offers to purchase, and sale of items Termination:
This agreement and/or your access to this site may be terminated by us at any time without notice.
LAST UPDATED: 18/6/2008 |
