1 Shoppingtown.info Buying and Selling Terms
1.1 Transactions between sellers and buyers
We are not a traditional shop business or brand. We are merely a venue or a passive conduit for the on-line distribution and publication of information about items advertised for sale. As a result, we have no control over and, to the extent permitted by law, make no warranties in relation to, the suitability, quality, safety or legality of any items advertised for sale on the shoppingtown.info site, the accuracy or truth of any advertisements on the shoppingtown.info site or the ability of sellers and buyers to actually enforce or complete a transaction.
1.2 Placing an ad
(a) If you place an advertisement ("ad") on the shoppingtown.info site you must also comply with our Rules for ad details.
(b) To the extent that you are legally able, you hereby assign all copyright in your ad to us.
(c) You grant us a royalty free licence to use, reproduce, modify, adapt and sub-license any content you provide to us (to the extent that it is not owned by us under paragraph (b)) ("Your Content") for the purposes of providing your ad and including Your Content in any other directory, product, service or marketing material provided or used by us or by a third party to which we syndicate your ad or Your Content. You agree that this agreement applies to the inclusion of Your Content in those other directories, products, services and marketing materials.
1.3 Minimum age and legal rights to sell, buy or post comments
(a) You must be at least 18 years of age to place an ad with us or buy an item via the shoppingtown.info site, or submit any questions, responses or comments (Posts) on the shoppingtown.info site.
(b) If you are a seller you must be legally able to sell the item you are advertising.
1.4 Usage rules
(a) You warrant to us that you will not use the shoppingtown.info site for any purpose (including if you are a seller, placing an ad) that is unlawful or prohibited by the Terms.
(b) You must not:
(i) data mine or conduct automated searches on the shoppingtown.info site or the content on the shoppingtown.info site, whether through the use of additional software or otherwise;
(ii) incorporate any of the content on the shoppingtown.info site with any other material, including advertising or promotional material;
(iii) create HTTP links from the shoppingtown.info site to any other website on the Internet, or frame or mirror the shoppingtown.info site without our prior written consent;
(iv) use the shoppingtown.info site or any facilities available on the shoppingtown.info site for any activities (including placing an ad), or transmit to or via the shoppingtown.info site any information or material (including Posts), which:
(A) breaches any laws or regulations;
(B) breaches the Terms;
(C) infringes a third party's rights (including intellectual property rights and rights of privacy) or misuses another person's confidential information;
(D) is inappropriate, offensive, obscene, threatening, indecent, menacing, inflammatory, pornographic, defamatory, discriminatory, harasses any person or otherwise inhibits others from using or enjoying any of our sites;
(E) breaches the Member Communications Policy;
(F) is false or misleading;
(G) is an unsolicited commercial electronic message;
(H) impersonates another person (for example, by pretending to be someone else when you submit a Post or register as a member) or uses another user's account without permission; or
(I) identifies a person or which can be used to identify a person (including any copy, photos or other pictorial representations) unless you have obtained that person's authority;
(v) make unauthorised modifications to the content on the shoppingtown.info site;
(vi) knowingly transmit any virus, worm, Trojan horse or other malicious or disabling feature to or via the shoppingtown.info site; or
(vii) attempt to do, or permit another person to do, any of the above acts.
(c) It is your responsibility to update and maintain Your Content. This includes but is not limited to the deletion of the items on your account ("Your Items") which are no longer available, ensuring that all descriptions of Your Items on the shoppingtown.info site describe the respective items in the most accurate way, and ensuring that all company details including delivery, payment and warranty details are and will remain correct.
1.5. Provisions relating to buyer and seller
1.5.1 Your obligations as a Buyer.
(a) You must complete the transaction in the manner specified unless you have a good reason to suspect that the Seller is not who they purport to be. You warrant and represent to the Seller that you have the legal right to enter into and complete the transaction.
(b) The Buyer shall contact the Seller on the sale with a view to making arrangements for the completion of the transaction.
(c) You must pay to the Seller the total due once the total due is confirmed by the Seller and any surcharge is applied.
1.5.2 Your obligations as a Seller
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 to the Buyer unless:
(a) you have good reason to suspect that the Buyer is not who they purport to be; or
(b) the Buyer fails to meet the terms of payment as stipulated by you in your listing.
1.6 Return and exchange policies
The Item sold may or may not be returned depending on your agreement with the Seller. Seller must clear show the return and exchange policies on each item on sale on the shoppingtown.info. All requests for return of the Item shall be made directly to the Seller concerned and shoppingtown.info shall not be responsible for processing such requests.
1.6.1 Seller must comply with the Australian Consumer Law (ACL). Where there is a major failure with an item you sell, the consumer has the right to choose the remedy, including requesting a refund unless you must clearly state that the item does not function properly or the item is sold in defect. However seller has right to choose not to refund or replace if comsumer change his / her mind.
1.6.2 Seller has resposiblity to refund and exchange if the item :
(a) has a problem that would have stopped someone from buying the item if seller had known about it.
(b) is unsafe
(c) is significantly different from the sample or description
(d) does not do what is said that it would be, what is asked for and cannot be easily fixed.
Alternatively, comsumer can choose to keep the item and sell will compensate comsumer for any drop in value.
If the problem is not major, the seller will repair the item within a reasonable time. If it is not repaired in a reasonable time, compumer can choose a refund or replacement.
1.7.1 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 post, courier or other method specified by the Seller. Please refer to the Delivery Info of the Item.
1.7.2 The method of payment is based on the mutual agreement between the Seller and the Buyer. They are listed along with the items and the choice between the various payment options allowed for one item is made when placing the order, before checking out.
1.7.3 Although shoppingtown.info provides facilities to automatically calculate shipping costs and add it onto the items' value, shipping destinations must be clearly stated by the seller with associated items and charges, so that it is easy for the client to know and understand the shipping costs according to the information provided by the seller.
1.7.4 Service fees like delivery, delivery insurance and package processing charges (including payment processing) cost are calculated and added on the top of the items' value automatically before checking out. Any cost in addition to the fees above must be clearly listed and any additional arrangements for payment must be made between the seller and buyer. The seller must not charge any fees which are not listed with the associated item.
1.7.5 The seller must advise of an expected delivery timeframe for each item. In addition, the buyer must be aware that it may take 1-2 business days to process the payment.
1.7.6 If for any reason the seller is unable to fulfil the order, the seller must notify the client within 3 business days to arrange an agreeable alternative product or a full refund.
1.8. Provisions relating to Sellers
1.8.1 You shall not offer for sale any Item:
(a) which you are not legally able to sell, or which you cannot sell to the Buyer free from all charges liens and encumbrances;
(b) which is within shoppingtown.info's Prohibited Item List or which is in contravention of any law or regulations governing the sale of the same;
(c) the get-up, production and sale of 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;
(d) which contains defamatory, trade libelous, unlawfully threatening or unlawfully harassing statements whether such statements be in the form of words, drawings, photographs, 3-dimensional representations or otherwise;
(e) which is obscene or contains child pornography.
1.8.2 By offering the Item for sale on this Site, you, as Seller, are warranting and undertaking to shoppingtown.info and all Buyers that:
(a) you do not and will not engage in the forbidden dealings set out in Clause 1.8.1 above;
(b) the information supplied by you is correct and accurate in all material respects and shall not (1) contain defamatory, trade libelous, unlawfully threatening or unlawfully harassing statements; (2) contain obscene material or child pornography and, if it contains any Adults Only material or element or is otherwise harmful to minors, it shall be posted only in the Adults Only section and shall be distributed only to people legally permitted to receive such content; (3) contain any viruses, Trojan horses, worms, time bombs, cancelbots or other computer programming routines that are intended to damage, detrimentally interfere with, surreptitiously intercept or expropriate any system, data or personal information; (4) contain any hyperlinks unless permitted by shoppingtown.info; and (4) contain any information by which you can be contacted outside of our site unless permitted by shoppingtown.info;
(c) the Items offered by you are not within the Prohibited Item List;
(d) you will not list or offer or sell any Item which, by paying to shoppingtown.info any Fees, could cause shoppingtown.info to violate any applicable law, statute, ordinance or regulation.
1.8.3 In using the Site, you must not create any link directly or indirectly to any website other than the Site:
(a) that offers goods or services that are prohibited under this Agreement;
(b) where that other website lists the exact Item that you propose to sell;
(c) where that other website contains an offer to sell identical items to your Item.
(d) that you do not otherwise have a right to link to or include.
1.9. Ratings & Comments, Questions & Answers Service
19.1 Ratings and Comments.
(a) Shoppingtown.info will provide a channel on this Site for the Users of this Site to leave a Rating and comment on the trade conduct of any Seller or Buyer with whom they have had dealings.
19.2 Use of the Rating And Comments system.
(a) You shall use the Rating system for leaving genuine and bona fide ratings and comments on the trade conduct of any Seller or Buyer with whom you have had dealings. You shall not take any actions which may undermine the integrity of the Rating system, such as: leaving a Rating for yourself using secondary User ID's or third parties; leaving Ratings for other Users using secondary accounts or third parties (Rating bombing); or leaving Ratings if a User fails to perform some action that is outside the scope of the auction or purchase (Rating extortion).
(b) When using the Rating and Comments system you are prohibited from any posting, sending, transmitting, uploading or otherwise publishing through shoppingtown.info, any materials that (i) interfere with anyone else's use of this Site; (ii) are abusive, illegal, indecent, obscene, offensive, racist or threatening in any way; (iii) encourage anyone to break the law; (iv) violate anyone's copyright or other intellectual or other property right; (v) interfere with the privacy of any other use; (vi) contain a virus or other harmful component; (vii) contain false or misleading statements of fact or descriptions of the origin of the material or the communication; (viii) advertise a website; or (ix) breach any of shoppingtown.info policies or rules.
19.3 Shoppingtown.info's Disclaimer in respect of Ratings, Comments and other Users supplied materials.
Shoppingtown.info does not and is under no obligation to monitor or review Ratings, postings, transmissions and the messages posted or sent through or on the Site and assumes no liability or responsibility arising from the contents of any such communications or for any defamation, error, inaccuracy, libel, obscenity or profanity contained in any such communication. You hereby irrevocably and unconditionally waive any claim against shoppingtown.info for defamation, libel or whatsoever arising out of any such communication. shoppingtown.info 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 shoppingtown.info reserves the right to claim damages and or apply for other legal remedies in relation thereto.
1.10 Our right to alter or withdraw your material
We may withdraw or alter any material you provide us (including any Posts you submit and if you are a seller) if:
(a) we reasonably consider it is inappropriate, offensive, misleading or deceptive, defamatory, incorrect or in any other way in breach of the Terms (including any rules, guidelines or policies), any law or third party rights; or
(b) we are instructed to do so by any third party.
(c) otherwise in accordance with our Intellectual Property Protection Policy, as amended from time to time.
We also reserve the right to select, edit, condense, determine the duration of, change the nominated "category" of, withdraw or refuse your ad.
We will try to tell you if we withdraw or alter any material you provide us. If you are a seller and we withdraw or alter your ad other than as a result of a material breach of these Terms or in accordance with this clause 1.5 the cost of your ad would be lower as a result, we will refund you the difference.
(a)The transaction is notified to both the seller and buyer through their shoppingtown.info accounts and via email and then the seller and buyer contact each other to organise payment and delivery. As a buyer, when you click on the "Commit to Buy" button, you are committing to enter into a legally binding contract to purchase the item from the seller. We recommend that you read the full listing for the item (including the seller's instructions and accepted payment and delivery options) and investigate for yourself the suitability, quality and condition of any items.
(d) As a seller, when you advertise an item you must ensure that:
(i) you accurately and adequately describe the item and the full terms of sale and choose the appropriate category for your ad;
(ii) the advertised item is within appropriate laws and is not a prohibited item as set out in the Prohibited Items; and
(ii) all ad content complies with our Rules for ad details.
(e) Terms on categories are set out in the Category Rules.
(f) The price of an item listed by a seller, will be the total GST inclusive price of the item. The delivery fee, delivery insurance and package handling cost with payment options will be listed for buyer to choose.
(g)If buyer needs to have goods delivery and insurance or package handling charge exists, buyer must pay the surcharge on the top of items' value.
(h) Buyer and Seller contact details are not to be provided or requested in the ad description or the Question and Answer Service in ads.
(i) On the shopingtown.info site there is a user initiated feedback system where as a registered seller or buyer, you may provide feedback and give a rating to other sellers and buyers that you have entered into a transaction with via the shoppingtown.info site (Feedback and Ratings Service). We own any feedback and ratings provided as part of the Feedback and Ratings Service but we permit you to use such feedback and ratings on the shoppingtown.info site provided you remain a registered seller or buyer. You must not use your feedback or rating anywhere other than on the shoppingtown.info site. You must not use any feedback or ratings in a way that is inconsistent with or in breach of the Terms or that may undermine the integrity of the Feedback and Ratings Service. Additional terms on feedback and ratings are set out in the Feedback and Ratings Policies.
1.12 Communications to you
(a) Any communications or notices we send you in relation to your transactions or use of the shoppingtown.info site are not intended to endorse or guarantee your transactions. We do not endorse or approve any information provided to you by other users of the shoppingtown.info site and it is your responsibility to exercise caution and practise safe trading when transacting on the shoppingtown.info site.
(b) You may receive service related emails from us and such messages will not include a functional unsubscribe facility.
1.13 Manipulation and improper use
(a) You must not manipulate, or interfere with, any item or the price of any item advertised on the shoppingtown.info site.
1.14.1 Once you have set up an account with shoppingtown.info, you may transfer funds into that pre-paid account in order to keep the account in credit. The balance of the account will be updated periodically in accordance with your activity on the Site. Outstanding balances will be invoiced to you periodically and may be paid either by credit card or other agreed method.
1.14.2 Shoppingtown.info does not charge you for joining as a member. Shoppingtown.info charges the Seller fee in some accounts for items listing. Account fees and item listing fee are non-refundable.
1.14.3 Upon sale of an Item, shoppingtown.info will issue the invoice in every two weeks to collect the commission for items sold in the previous period of time on the shoppingtown.info. You have responsibility to pay the commission you have promised when you input item for sale.
1.14.4 Shoppingtown reserves the right to change the fees charged for any of its services at any time. In the event that shoppingtown.info introduces a new service, the fees for that service are effective at the launch of the service, unless otherwise stated.
1.14.5 All fees are inclusive of GST and in Australian dollars, unless otherwise stated in this User Agreement.
1.14.6 Before listing an Item, you should review shoppingtown.info's fees to ensure you are aware of the fees you will incur.
1.14.7 Credits on your Account are not transferable between members. Transfers between accounts belonging to you will incur a transfer fee of A$2.
1.14.8 We will notify you the fees payable for your use of the services available on the shoppingtown.info site and you will be responsible for paying these fees in accordance with our Fee And Surcharge Policy.
1.14.9 To assist us in providing a safe online shopping environment for buyers and sellers, your credit card may be verified before your registration is complete. This may cause a temporary charge to be placed on your credit card to the value of $1. This is not a permanent charge and will be removed as soon as possible once the authorisation is complete. Time taken to remove the charge will vary depending on your financial institution.
1.15 No Refund Policy
1.15.1 Credit points awarded by shoppingtown.info free on your Account are non-refundable, non-transferable and not redeemable for cash.
1.15.2 Credit points due to your spending on goods and services on shoppingtown.info can be used to exchange for any goods and services listed on the shoppingtown.info for the respective amount of credit points. However, they are non-refundable, non-transferable and not redeemable for cash.
1.15.3 Any payment for an account or item listing cannot be refunded.
1.15.3. Any other credit points or credit except for that which are stated above can be refunded
1.15.4 An administration fee of $5 is payable where a member wishes to close their account and withdraw the balance of credits where it is earlier than the billing cycle.
1.16 No Warranty
(a) We take all reasonable care in compiling our online advertising. However, the information on the shoppingtown.info site is provided 'as is' and we do not warrant or represent that it is complete, current or free from errors or omissions.
(b) We accept ads in good faith on the basis of warranties provided by each advertiser. We do not warrant or represent that the products or services advertised in ads on the shoppingtown.info site will be suitable for any particular purpose, or that an advertiser has any particular qualifications or is legally entitled to carry on a particular business. You must investigate for yourself the suitability, quality and condition of any goods or services advertised on the shoppingtown.info site. It is your responsibility to verify any information on the shoppingtown.info site or provided to you by other users of the shoppingtown.info site before relying on it.
(a) The terms that apply to our supply of the shoppingtown.info site are those that are set out in this document and those implied by consumer protection laws to the supply of this service that are unable to be excluded. No other terms apply.
(b)We do 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 shoppingtown.info site, nor do we accept any responsibility for any such loss arising out of your use of or reliance on information contained on or accessed through the shoppingtown.info site.
(c) we do not accept liability to you for losses that result from your use of our services in connection with the conduct of a business.
(d)We do not warrant goods offered. You acknowledge that we do not see or examine Items that are listed for sale and have no control whatsoever on the actual quantity, quality, safety, legality or the fitness for any purpose of the Item. Shoppingtown.info will not accept or assume any liability whatsoever in respect of the Item.
(e) We do not warrant completion of sale. You acknowledge that shoppingtown.info makes no representation as to the ownership of title in Items or as to the ability of either a Buyer or Seller to complete a transaction. Further, shoppingtown.info 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.
(f) We do not warrant identity of persons. You acknowledge that shoppingtown.info 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. Shoppingtown.info takes no responsibility for any action or omission of any User.
(g) We do not warrant accuracy of information. You acknowledge that shoppingtown.info does not control the information provided by other Users which is made available through this Site. Shoppingtown.info therefore makes no warranty as to the accuracy of any information provided by any person through the use of the Services.
(h) we are not liable for any loss to the extent it is connected with any dispute between you and one or more other users of the shoppingtown.info site, including in relation to transactions entered into with other users of the shoppingtown.info site;
(i) we are not liable for any loss to the extent that it is caused by you (for example, through your negligence or breach of contract);
(j) we are not liable for any loss to the extent that it results from your failure to take reasonable steps to avoid or minimise your loss; and
(k) we are not liable for any loss caused by us failing to comply with our obligations to you where that loss is caused by events outside our reasonable control (such as a malfunction in equipment or software, Internet access difficulties, delay or failure of transmission).
(l) we are not liable for any loss caused by the alteration, withdrawal or restoration of any material in accordance with our terms and policies.
(m) You release us from all claims, demands, damages, costs, penalties and liabilities whatsoever arising out of or in connection with a dispute between you and any other user of the shoppingtown.info site.
1.18 Termination, suspension and limitation of your access - material breach by you
(a) We may bar, suspend, terminate or limit your access to the shoppingtown.info site at any time if you are in material breach of the Terms and:
(i) we have told you in writing of your breach and you have failed to remedy it within the specified time frame; or
(ii) the breach is something which cannot be remedied (in which case we can bar, suspend, terminate or limit your access to the shoppingtown.info site immediately by telling you).
(b) If you are in material breach of our terms and conditions and we have barred, terminated, suspended, or limited your access, you must not circumvent this action by any means, including but not limited to placing a further ad under another account name or pseudonym. If we identify that this has taken place the ad will be immediately removed without further notice to you and you will forfeit all fees paid. Additional terms on barring, termination and suspension are set out in the Warning and Suspension Policy.
(c) breached the User Agreement set out in this agreement; or
(d) (by conviction, settlement, insurance or escrow investigation, or otherwise) engaged in fraudulent activity in connection with this Site.
1.18.2 Rights as regards materials supplied by a User.
(a)Shoppingtown.info shall have the absolute and unfettered right to reject or remove any information or materials supplied by you without notice or compensation.
(b) Without derogating from this right, shoppingtown.info shall have the right to reject or remove any information or materials supplied if shoppingtown.info shall consider (without having to assign any reason therefore) that the information or material, if published or continued to be published, would cause shoppingtown.info to incur any liability to third parties or would cause shoppingtown.info to be in breach of any law or regulations of any competent jurisdiction or rights of third parties.
1.18.3 Right to withdraw Item.
Shoppingtown.info shall have the absolute and unfettered right to withdraw any Item without notice or compensation to a Seller or prospective Buyer. Without limiting this right, Shoppingtown.info shall have the right to withdraw an Item if:
(a) the Item is within shoppingtown.info's Prohibited Items List, which can be inspected here. The Prohibited Items List may be updated by shoppingtown.info from time to time;
(b) you are found to have breached the User Agreement set out in this Agreement or your account is suspended by shoppingtown.info pursuant to the terms of this Agreement;
(c) if shoppingtown.info is unable for any reason whatsoever to verify or authenticate any information provided by you;
1.18.4 Account termination.
Upon termination of the account, shoppingtown.info shall, upon your written request, return any amounts owing to you in your pre-paid shoppingtown.info account, which is unused, subject to shoppingtown.info's retention of a $5.00 administration fee.
1.19 Our other rights to terminate, suspend or limit your access
We may suspend, terminate or limit your access to the shoppingtown.info site with as much warning as we reasonably can, if:
(a) we reasonably believe that there is a real risk of loss or damage to us or another if we do not suspend, terminate or limit your access to the shoppingtown.info site (including credit risk resulting from you not paying any fees owed to us on time);
(b) the law requires us to do so;
(c) we believe on reasonable grounds that providing access to the shoppingtown.info site to you is illegal or may become illegal;
(d) there is an emergency; or
(e) we have received a serious complaint or multiple complaints regarding your activity and/or membership.
Any person wishing to use the Services as a Seller or Buyer must first register as a member. Registration is free.
(b) Registration of Membership.
You may become a member by supplying all the requisite information to shoppingtown.info and you are required to accept this User Agreement unconditionally by clicking the "I have read and accept shoppingtown.info's User Agreement" checkbox during the registration process.
1.21. Eligibility for Membership
1.21.1 You may only register as a member if you can form a legally binding contract that is enforceable against you. For example, you must be older than or at 18 years old. By registering as a member, you warrant that you can form a legally binding contract. Further, your shoppingtown.info account, User ID, Password, Scores and Ratings, may not be transferred or sold to another party.
1.22 Release of shoppingtown.info
In case of any dispute between Users or any dispute arising from the use of the Services, shoppingtown.info shall 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.
1.23 Costs of shoppingtown.info
If shoppingtown.info 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 shoppingtown.info in connection with the provision of such service, including shoppingtown.info's costs for taking legal or other professional advice or representation (in all such cases, the costs shall be calculated on an indemnity basis).
1.24 Specific Warnings
1.24.1 You must ensure that your access to this Site is not illegal or prohibited by laws which apply to you.
1.24.2 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.
1.24.3 Shoppingtown.info does not warrant to you that the Services will be available at all times or at any specific times.
1.24.4 Shoppingtown.info is not responsible in the event a transaction is not processed due to technical difficulties affecting the shoppingtown.info system.
1.24.5 Shoppingtown.info does not have any responsibility to undertake to retain listings or to retain records of specific transactions.
1.24.6 Shoppingtown.info is not responsible for ensuring that warranty obligations are honoured.
1.24.7 There is no contract of sale between shoppingtown.info and you, whether you are the Buyer or Seller. In the event that an order is accepted by a Seller, a contract of sale will be formed directly between the Buyer and the Seller. Shoppingtown.info does not act as agent for either party. It is only a venue for you to buy and sell goods and service.
1.25 Restricted Use
Unless shoppingtown.info agree otherwise in writing, you are provided with access to the Site only for your personal use. Without limiting the foregoing, you may not without shoppingtown.info's written permission on-sell or otherwise on-transmit information obtained from this Site.
1.26 Security of Information
Unfortunately, no data transmission over the internet can be guaranteed as totally secure. Shoppingtown.info does not warrant to you and cannot ensure the security of any information which you transmit to it. Accordingly, any information which you transmit to shoppingtown.info is transmitted at your own risk. Nevertheless, once shoppingtown.info receives your transmission, it will take reasonable steps to preserve the security of such information.
1.27 No Warranties
1.27.1 This Site is provided by shoppingtown.info on an "as-is" basis and the only obligations on shoppingtown.info are set out in this Agreement. You agree that shoppingtown.info 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 to complete a sale. Shoppingtown.info gives no warranty or condition, express or implied other than those expressly set out herein. Shoppingtown.info 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. Shoppingtown.info does not warrant or make any representations regarding the use or the results of the use of this Site. Shoppingtown.info specifically disclaims any implied warranties of title, merchantability, fitness for a particular purpose and non-infringement of any rights (intellectual or otherwise) in respect of any Item.
Copyright in this Site (including text, graphics, logos, icons, audiovisual material and software) is owned or licensed by shoppingtown.info. Other than for the purposes of and subject to the conditions described under the Copyright Act 1968 (C'th) and except as expressly authorised by these terms and conditions, 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 the Site; or commercialise any information, products or services obtained from any part of this Site without shoppingtown.info's prior written permission.
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.
1.31.1 System Integrity.
You must not:
(a) use any device, software or routine to interfere or attempt to interfere with the proper working of this Site or any sale being conducted on this Site;
(b) take any action which imposes an unreasonable or disproportionately large load on the infrastructure of this Site;
(c) disclose or share your password to any third parties or use his/her password for any unauthorized purpose.
1.31.2 General Compliance with Laws.
You shall comply with all applicable laws, statutes, ordinances and regulations regarding use of the Services, listing, purchase and sale of the Item herein.
1.31.3 No Agency.
Nothing herein contained shall constitute or create any relationship of agency, partnership, joint venture, employee/employer or franchiser/franchisee between shoppingtown.info and any Seller, or Buyer or other Users of this Site or the Services.
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 shoppingtown.info during registration process or such other address as the User shall specify, or by posting such notices on this Site. Alternatively, shoppingtown.info may give notice to the User by pre-paid ordinary post to the address provided to shoppingtown.info during the registration process. In such case, notice shall be deemed given 5 days after the date of mailing.
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.
1.31.6 If any provision of this Agreement is held to be invalid or unenforceable, such provision shall be struck out of this User Agreement and the remaining provisions shall remain in force. Headings are for reference purposes only and in no way define, limit, construe or describe the scope or extent of such section. Shoppingtown.info's 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.
1.31.7 Please do not assume that the practices or conduct of other Users that you observe is necessarily in conformance with their obligations under this Agreement or that you may act similarly. Shoppingtown.info does not approve or validate transactions, advice or communications, and you accept sole responsibility for the legality of your actions under laws applying to you.
1.31.8 Shoppingtown.info does not accept any obligation to protect you from any unsafe merchandise, products or services that may be offered on shoppingtown.info. Please do not assume that such items offered will be harmless to people or property.
1.32 Governing Law and Jurisdiction
1.32.1 This Agreement is subject to the laws of New South Wales, Australia.
This Agreement and/or your access to this site may be terminated by us at any time without notice. Where this agreement is terminated, those clauses capable of surviving such termination shall do so
1.33 Additional Guidelines and Policies
The following policies also apply to your use of the shoppingtown.info site in addition to the other rules, guidelines, policies and terms referred to elsewhere in these Terms. You agree to be bound by the terms contained in these policies, rules and guidelines:
(a) policies which are listed under shoppingtown.info Policies
(b) rules which are listed under Rules for ad details and Category Rules;
2.1 About the shoppingtown.info site
(a) The shoppingtown.info site is an online advertising medium and marketplace that both advertises items for sale and allows the arrangements for their sale to be made between a Buyer and Seller.
(b) The terms set out in this section 2 apply generally to all users to the shoppingtown.info site (including registered users and browsers of the shoppingtown.info site). We recommend that you carefully read these terms before you use the shoppingtown.info site.
Copyright in the content on the shoppingtown.info site and in the shoppingtown.info site itself (as a compilation of information) is owned by us, our advertisers or content suppliers.
2.3 Usage rules
(a) You must comply with the Terms (including the usage rules set out in section 1.4 of the Terms) when accessing and using the shoppingtown.info site.
(b) The shoppingtown.info site and the material contained on it are supplied solely for reference purposes.
(c) You may download and print individual advertising listings from the shoppingtown.info site for your own private, non-commercial use. Apart from this, you must not use, reproduce, communicate, publish, or distribute any of the content on the shoppingtown.info site, unless this constitutes a fair dealing for the purposes of the Copyright Act 1968 (Cth). In particular, you must not reproduce or use any of the advertising listings on the shoppingtown.info site for commercial purposes or for commercial gain.
2.4 Other websites
(a) The shoppingtown.info site may contain links to other websites which are not maintained or controlled by us or our related companies ("third party site"). Third party sites are not part of the shoppingtown.info site. These links are provided by us solely for your convenience.
(b) We make no representations or warranties whatsoever about any third party site. We do not endorse, and accept no responsibility for, the content or use of any third party site. If you link to any third party site, you leave the shoppingtown.info site and do so entirely at your own risk.
2.6 No offer where illegality arises
Nothing on the shoppingtown.info site constitutes an offer to provide goods or services in any jurisdiction if to do so would contravene the laws of that jurisdiction.
2.7 No Warranty
(a) Section 1.10 applies to your access to and use of the shoppingtown.info site.
(b) We provide our services with reasonable care and skill and endeavour to ensure availability of our services and access to the shoppingtown.info site. However, availability of our services and access to the shoppingtown.info site may be interfered with by numerous factors, including those outside our control (such as malfunction in equipment or software, Internet access difficulties, or delay or failure of transmission). Accordingly, we do not warrant or represent that our services and/or your access to the shoppingtown.info site will be continuous, uninterrupted, timely, fault free, virus free or secure.
Our liability to you in respect of the shoppingtown.info site is set out in section 1.11 of the Terms.
2.9 Termination, suspension and limitation of your access - material breach by you
Our rights in relation to termination, suspension or limiting access where you have materially breached the Terms are set out in section 1.12 of the Terms.
2.10 Our other rights to terminate, suspend or limit your access
Our other rights in relation to termination, suspension or limiting access in other circumstances are set out in section 1.13 of the Terms.
3 General Terms
3.2 Changes to the Terms
(a) From time to time, we may need to change the Terms to reflect our changing business. We may also need to change the Terms if we are required by law, for security reasons or for technical or infrastructure reasons.
(b) We may change the Terms (including any policy incorporated in the Terms) at any time by posting the changed Terms on the shoppingtown.info site and by posting a notice to users on our homepage stating that a change has occurred.
(c) If you are a seller, these changes will not apply to ads that you have already placed through the shoppingtown.info system or additional online ad placement authorised by us and available through this shoppingtown.info site.
(a) We and you are independent contractors and no agency, partnership, joint venture or employment relationship is intended or created by the Terms.
(b) If any of the Terms are invalid, unenforceable or illegal, that term will be struck out and the remaining terms will remain in force.
(c) If we do not act in relation to a particular breach by you of the Terms, this will not be treated as a waiver by us of our right to act with respect to subsequent or similar breaches. If you do not act in relation to a particular breach by us of the Terms, this will not be treated as a waiver by you of your right to act with respect to subsequent or similar breaches.
(d) The Terms (and your dealings with us) are subject to the laws of New South Wales, Australia.
(e) If there is any inconsistency between any part of the Terms, the part listed earlier in the following list prevails to the extent of the inconsistency:
(i) the Shoppingtown.info Buying and Selling terms set out in section 1;
(iii) our policies, rules and guidelines.
************** Last updated March 15 2009. **************