Ibuytrader Pty Ltd Terms and Conditions

Welcome to resalecentre.com.au a website and service of IbuyTrader Pty Ltd. Use of this site is governed by the Terms and Conditions set forth.

PLEASE READ THESE TERMS AND CONDITIONS CAREFULLY BEFORE USING THIS WEBSITE.

The information and materials provided by IbuyTrader Pty Ltd may be used for informational purposes only.

By using, accessing or downloading materials from this website you agree to follow the terms and provisions as outlined in this legal notice, which apply to all visits to the IbuyTrader Pty Ltd website, both now and in the future.

IbuyTrader Pty Ltd may at any time revise and update the Terms and Conditions. You are encouraged to periodically visit this page to review the most current Terms and Conditions to which you are bound. If you do not agree to these Terms and Condition of Use, please do not use this website.

These terms apply to the use of this website, including the use of this website to participate in an online auction and the fixed price resalecentre locations. In using this website you agree to be bound by these terms and conditions. If you do not accept these terms and conditions, you must refrain from using this website. These terms and conditions must be read in conjunction with any other applicable terms and conditions governing the use of this website.


Terminology

In these terms and conditions, the expressions “we”, “us” and “our” are a reference to Ibuytrader Pty Ltd.


Acceptance of Terms

The services we provide to our Users are subject to these Terms. We reserve the right to update our Terms and Conditions and / or all other policies and agreements posted on our website at any time without notice.

By accessing and using our website, the User agrees to comply with all of the terms and conditions hereof. User is responsible for all use of User's Account (under any screen name or password) and for ensuring that all use of User's Account complies fully with the provisions of this Agreement. User shall be responsible for protecting the confidentiality of User's password(s), if any.

We reserve the right at any time to change or discontinue any aspect or feature our website.


Definitions

In these terms and conditions, unless expressed or implied to the contrary:

Auction Sale: means the auction of all of the Lots listed in a Catalogue which is posted via our websites and or by means of user or our locations or by way of Online Real time Auction processing System.
Bid: means an offer to purchase a Lot at a specified price in an online Auction Sale via the bidding screen.
Bidder:means a person who has made a Bid.
Catalogue: means a list containing some or all of the Lots available and provided by the Online Auction System.
Australian Consumer Law: means the Australian Consumer Law set out in Schedule Two of the Competition and Consumer Act 2010 (Cth)...
GST: means the goods and service tax as imposed by the GST Act.
Loss: means any claim, delay, loss, liability, damage, expense, penalty, outgoing or cost whatsoever and however arising, whether present, unascertained, immediate, future or contingent and includes indirect and consequential losses.
Lot: means any goods available for purchase as listed in the catalogue.
Motor Vehicle: means a vehicle that is built to be propelled by a motor that forms part of the vehicle.
Purchaser: means the successful bidder for a Lot, as determined the reserve price of the lot.
Resalecentre: means ibuyauctions physical location centre and Buy Now Service.
Purchase Price: means the highest bid that is equal to or above the reserve price.
Seller: means the owner of a Lot or the person authorized by the owner to list that item for sale or Auction on the owner’s behalf.
Reserve: means the reserve price set by the vendor.
Tax Invoice: means a tax invoice as defined in the GST Act.


Amendments to Terms and Conditions

We reserve the right to amend these terms and conditions and / or any policies or agreements posted on this website from time to time. Amendments will become effective immediately without notification. Your continued use of the website will represent an agreement by you to be bound by the terms and conditions as amended.

You accept full responsibility to constantly check our terms for updates or amendments make. It is highly recommended that you check and use our Policy “Help Centre” for any all updates and amendments.


Description of Services

Through our websites we provide Users with access to a variety of resources, including resale service, marketing, download areas, user accounts, Online payments, Reports, various advertising spaces, communication forums and product information (collective "Services"). These “Services”, include any updates, enhancements, new features, and / or the addition of any new website properties. All our websites are subject to these terms and conditions and / or all other policies and agreements posted on this website.


User Conduct

User shall use all our websites for lawful purposes only. User shall not post or transmit through our website any material which violates or infringes in any way upon the rights of others, which is unlawful, threatening, abusive, defamatory, invasive of privacy or publicity rights, vulgar, obscene, profane or otherwise objectionable, which encourages conduct that would constitute a criminal offense, give rise to civil liability or otherwise violate any law, or which, without our express prior approval, contains advertising or any solicitation with respect to products or services or any conduct by a User that in our discretion restricts or inhibits any other User from using or enjoying our services will not be permitted.

User shall not use our websites to advertise or perform any commercial solicitation, including, but not limited to, the solicitation of users to become subscribers of other on-line information services competitive with us.

Our website contains copyrighted material, trademarks and other proprietary information, including, but not limited to, text, software, photos, video, graphics, music and sound, and entire contents posted on our website are copyrighted as a collective work under the Australian copyright laws.

We own a copyright in the selection, coordination, arrangement and enhancement of such content, as well as in the content original to it.

Users may not modify, publish, transmit, participate in the transfer or sale, create derivative works, or in any way exploit, any of the content, in whole or in part.

User may download copyrighted material for User's personal use only. Except as otherwise expressly permitted under copyright law, no copying, redistribution, retransmission, publication or commercial exploitation of downloaded material will be permitted without the express written permission from the original copyright owner. In the event of any permitted copying, redistribution or publication of copyrighted material, no changes in or deletion of author attribution, trademark legend or copyright notice shall be made. User acknowledges that it does not acquire any ownership rights by downloading copyrighted material.

User shall not upload, post or otherwise make available on our website any material protected by copyright, trademark or other proprietary right without the express permission of the owner of the copyright, trademark or other proprietary right and the burden of determining that any material is not protected by copyright rests with User. User shall be solely liable for any damage resulting from any infringement of copyrights, proprietary rights, or any other harm resulting from such a submission.

By submitting material to any public area of our website, User automatically grants, or warrants that the owner of such material has expressly granted us the royalty-free, perpetual, irrevocable, non-exclusive right and license to use, reproduce, modify, adapt, publish, translate and distribute such material (in whole or in part) worldwide and / or to incorporate it in other works in any form, media or technology now known or hereafter developed for the full term of any copyright that may exist in such material. Users also permit any other User to access, view, and store or reproduce the material for that User's personal use. User hereby grants us the right to edit, copy, publish and distribute any material made available on our website by User.

The foregoing provisions listed under the heading “Use of Service “is for the benefit of us, our subsidiaries, affiliates and its third party content providers and licensors and each shall have the right to assert and enforce such provisions directly or on its own behalf.


Use of Services

Our Services may contain email services, advertising services, bulletin board services, chat areas, news groups, forums, communities, personal web pages, calendars, photo albums, file cabinets and/or other message or communication facilities designed to enable User to communicate with others or enable users to advertise or purchase goods offered through our website (each "Communication Service" and collective "Communication Services").

User agrees to use the Communication Services only to post, send and receive messages and material that are proper and, when applicable, related to the particular Communication Service. By way of example, and not as a limitation, User agrees that when using the Communication Services, User will not:

We have no obligation to monitor the Communication Services. However, we reserve the right to review materials posted to the Communication Services and to remove any materials in its sole discretion. We reserve the right to terminate any User’s account or access to any or all of the Communication Services at any time, without notice, for any reason whatsoever.

We reserve the right at all times to disclose any information we deem necessary to satisfy any applicable law, regulation, legal process or governmental request, or to edit, refuse to post or to remove any information or materials, in whole or in part, in our sole discretion.

Materials uploaded to the Communication Services may be subject to posted limitations on usage, reproduction and/or dissemination; User is responsible for adhering to such limitations if User downloads the materials.

Always use caution when giving out any personally identifiable information in any Communication Services. We do not control or endorse the content, messages or information found in any Communication Services and, therefore, we specifically disclaims any liability with regard to the Communication Services and any actions resulting from User’s participation in any Communication Services. Managers and hosts are not authorized IbuyTrader Pty Ltd spokespersons, and their views do not necessarily reflect those of IbuyTrader Pty Ltd.


Member Account, Password and Security

If any of the Services requires User to open an account, User must complete the registration process by providing us with current, complete and accurate information as prompted by the applicable registration form.

User also will choose a password and a user name. User is entirely responsible for maintaining the confidentiality of User’s password and account. Furthermore, User is entirely responsible for any and all activities that occur under User’s account. User agrees to notify us immediately of any unauthorized use of User’s account or any other breach of security.

We will not be liable for any loss that User may incur as a result of someone else using User’s password or account, either with or without User’s knowledge. However, User could be held liable for losses incurred by IbuyTrader Pty Ltd or another party due to someone else using User’s account or password. User may not use anyone else's account at any time, without the permission of the account holder.


Terms for purchasing at Resalecentre locations


ACKNOWLEDGMENT

This Agreement represents the understanding between you and us regarding your relationship to Online and This Agreement forms part of the Terms of Use and other Policies for our website which is advertised in our “Help Centre”, between the parties. This Agreement may only be amended by a written amendment signed by authorized representative of both of the parties.

IF YOU CLICK THE “I AGREE” BUTTON UPON REGISTRATION THEN YOU WILL BE BOUND BY THE TERMS OF OUR ONLINE AGREEMENTS.

If you don’t click on “I Agree” then you will not be able to sell any goods or services on our websites.


Terms for Selling at Resalecentre locations (Consignment Agreement)

Terms and Conditions


ACKNOWLEDGMENT

This Agreement represents the understanding between you and us regarding your relationship to Online and This Agreement forms part of the Terms of Use and other Policies for our website which is advertised in our “Help Centre”, between the parties. This Agreement may only be amended by a written amendment signed by authorized representative of both of the parties.

IF YOU CLICK THE “I AGREE” BUTTON UPON REGISTRATION THEN YOU WILL BE BOUND BY THE TERMS OF OUR ONLINE AGREEMENTS.

If you don’t click on “I Agree” then you will not be able to sell any goods or services on our websites.


Becoming a Registered User

In order to participate in our Real-time Online Auction and ResaleCentre services, you must become a registered and subscribed user. To become a registered and subscribed user, you must complete your registration details in the manner described on our website. Registered and subscribed user statuses are non-transferable.

We reserve the right to terminate your user status at any time if you breach any terms and conditions.

You must be 18 years old or over in order to become a registered and subscribed user. If you are under 18 years of age you must not become a registered or subscribed user.

You agree to ensure that your registration details are true and accurate. Specifically, you must immediately notify us of any changes to your registration details as originally supplied.


Our Pricing and Fees

All users acknowledge, have read and accept to be bound by our Pricing and Fee Policies.

Please click here to view our PRICING AND FEE POLICY


Auction/Resalecentre Contract Particulars

We merely act as a selling platform for the seller. We take no responsibilities for the content posted by us or our users on our website or through third party links.

It is the buyer’s responsibility to verify the accuracy of any information posted in relation to any items for Auction or Buy Now.

If any dispute arises in relation to a Lot, the dispute is between the Purchaser and the Seller. The Purchaser and Seller agree to release Ibuytrader and its subsidiaries from any claim, action, tribunal or court proceeding in respect of that Lot and to indemnify, on a full indemnity basis, from all liability, including all costs incurred by it in relation to any such claim.


Bidder’s Obligations

Bids are not retractable.

If you are a bidder and you are notified that your bid has been successful, you must complete the transaction the manner stipulated.

By making a bid, you warrant and represent that you have the legal right to enter into and complete the transaction.

You agreed to comply with any auction rules set out on this website.


Bidding for a Lot at the Auction

All users acknowledge, have read and accept:


Reserve Prices and Seller’s Change of reserve Prices

All users acknowledge, have read and accept:


Purchasers Risk

All users acknowledge, have read and accept:


Finance

The Purchaser expressly acknowledges and, that it has the either cash resources immediately available to complete the purchase or has obtained approval for financial assistance on reasonable terms which are satisfactory to the Purchaser.


Payment upon completion of sale

The purchaser is not entitled to remove the lot from the seller's site until the purchase price has been paid in full.

The purchaser of a Lot must pay the buyer's transaction (premium) as listed on our website in accordance with our Pricing and Fee Policy.

Payment of the above must be in cash unless otherwise agreed by the Seller. If payment is made by cheque and the cheque is dishonoured, the purchaser will be deemed to be in fundamental breach of its obligations pursuant to these Terms and Conditions.

In the event of late payment we reserve the right to suspend the purchaser’s account and bidders number not allowing the purchaser to bid on another lot and forfeit the buyer’s transaction (premium), until the purchaser pays the seller the total purchase price and any storage fees that the seller might have incurred.

All users acknowledge, have read and accept the terms set out in our Pricing and Fee Policy.


ACKNOWLEDGMENT

This Agreement represents the understanding between you and us regarding your relationship to Online and This Agreement forms part of the Terms of Use and other Policies for our website which is advertised in our “Help Centre”, between the parties. This Agreement may only be amended by a written amendment signed by authorized representative of both of the parties.

IF YOU CLICK THE “I AGREE” BUTTON UPON REGISTRATION THEN YOU WILL BE BOUND BY THE TERMS OF OUR ONLINE AGREEMENTS.

If you don’t click on “I Agree” then you will not be able to sell any goods or services on our websites.


Good Title

The Seller represents and warrants to the Purchaser that:

The Purchaser acknowledges that it is its responsibility to conduct a search of the Personal Property Securities Register (or any such register) and that search must be undertaken no earlier than the day prior to the day it bids for the Lot to ensure that there is no undisclosed encumbrance over the Lot.

Title in any Lot does not pass until the Purchase Price (and if applicable, any other Governmental charges or fees payable pursuant to these Terms and Conditions, including, but not limited to any taxes, levies, duties, imposts, deductions and charges) has been paid in full.

Any guarantee made by the Seller under this clause is in addition to and is not intended to replace or detract from any rights or remedies a Purchaser may have under the Australian Consumer Law or any other applicable laws.


Rights Reserved

The Seller reserve their right to withdraw any Lot or Lots listed in the Catalogue from the Auction Sale;

We reserve our rights to:


Feedback

All comments, feedback, information or materials submitted to us through or in association with this website shall be considered non-confidential and our property. By submitting such comments, information, feedback, or materials to us you agree to a no-charge assignment to us of worldwide rights to use, copy, modify, display and distribute the submissions. We may use such comments, information or materials in any way it chooses in an unrestricted basis.


Notice Specific to Software Available on this Website

Any software that is made available to download from our Services ("Software") is the copyrighted work of IbuyTrader Pty Ltd and / or its suppliers. Use of the Software is governed by the terms of the end user license agreement, if any, which accompanies or is included with the Software ("License Agreement"). An end user will be unable to install any Software that is accompanied by or includes a License Agreement, unless he or she first agrees to the License Agreement terms.

The Software is made available for download solely for use by end users according to the License Agreement. Any reproduction or redistribution of the Software not in accordance with the License Agreement is expressly prohibited by law, and may result in severe civil and criminal penalties. Violators will be prosecuted to the maximum extent possible.

WITHOUT LIMITING THE FOREGOING, COPYING OR REPRODUCTION OF THE SOFTWARE TO ANY OTHER SERVER OR LOCATION FOR FURTHER REPRODUCTION OR REDISTRIBUTION IS EXPRESSLY PROHIBITED, UNLESS SUCH REPRODUCTION OR REDISTRIBUTION IS EXPRESSLY PERMITTED BY THE LICENSE AGREEMENT ACCOMPANYING SUCH SOFTWARE. THE SOFTWARE IS WARRANTED, IF AT ALL, ONLY ACCORDING TO THE TERMS OF THE LICENSE AGREEMENT. EXCEPT AS WARRANTED IN THE LICENSE AGREEMENT, WE HEREBY DISCLAIMS ALL WARRANTIES AND CONDITIONS WITH REGARD TO OUR SOFTWARE, INCLUDING ALL WARRANTIES AND CONDITIONS OF MERCHANTABILITY, WHETHER EXPRESS, IMPLIED OR STATUTORY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT.

FOR YOUR CONVENIENCE, WE MAY MAKE AVAILABLE AS PART OF OUR SERVICES OR SOFTWARE PRODUCTS, TOOLS AND UTILITIES FOR USE AND/OR DOWNLOAD.

WE DO NOT MAKE ANY ASSURANCES WITH REGARD TO THE ACCURACY OF THE RESULTS OR OUTPUT THAT DERIVES FROM SUCH USE OF ANY SUCH TOOLS AND UTILITIES. PLEASE RESPECT THE INTELLECTUAL PROPERTY RIGHTS OF OTHERS WHEN USING THE TOOLS AND UTILITIES MADE AVAILABLE ON THE SERVICES.


Notice Specific to Documents Available on the Website

Permission to use Documents (such as white papers, press releases, datasheets and FAQs) from the Services is granted, provided that:

Accredited educational institutions, such as universities, private/public colleges, and state community colleges, may download and reproduce the Documents for distribution in the classroom. Distribution outside the classroom requires express written permission. Use for any other purpose is expressly prohibited by law, and may result in severe civil and criminal penalties. Violators will be prosecuted to the maximum extent possible.

WE AND/ OR OUR RESPECTIVE SUPPLIERS MAKE NO REPRESENTATIONS ABOUT THE SUITABILITY OF THE INFORMATION CONTAINED IN THE DOCUMENTS AND RELATED GRAPHICS PUBLISHED AS PART OF THE SERVICES FOR ANY PURPOSE. ALL SUCH DOCUMENTS AND RELATED GRAPHICS ARE PROVIDED "AS IS" WITHOUT WARRANTY OF ANY KIND. WE AND/OR ITS RESPECTIVE SUPPLIERS HEREBY DISCLAIM ALL WARRANTIES AND CONDITIONS WITH REGARD TO THIS INFORMATION, INCLUDING ALL WARRANTIES AND CONDITIONS OF MERCHANTABILITY, WHETHER EXPRESS, IMPLIED OR STATUTORY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT. IN NO EVENT SHALL WE AND/OR OUR RESPECTIVE SUPPLIERS BE LIABLE FOR ANY SPECIAL, INDIRECT OR CONSEQUENTIAL DAMAGES OR ANY DAMAGES WHATSOEVER RESULTING FROM LOSS OF USE, DATA OR PROFITS, WHETHER IN AN ACTION OF CONTRACT, NEGLIGENCE OR OTHER TORTIOUS ACTION, ARISING OUT OF OR IN CONNECTION WITH THE USE OR PERFORMANCE OF INFORMATION AVAILABLE FROM THE SERVICES.

THE DOCUMENTS AND RELATED GRAPHICS PUBLISHED ON THE SERVICES COULD INCLUDE TECHNICAL INACCURACIES OR TYPOGRAPHICAL ERRORS. CHANGES ARE PERIODICALLY ADDED TO THE INFORMATION HEREIN. WE AND/OR OUR RESPECTIVE SUPPLIERS MAY MAKE IMPROVEMENTS AND/OR CHANGES IN THE PRODUCT(S) AND/OR THE PROGRAM(S) DESCRIBED HEREIN AT ANY TIME WITHOUT NOTICE.


Notices Regarding Software, Documents and Services Available on this Website

IN NO EVENT SHALL WE AND/OR OUR RESPECTIVE SUPPLIERS BE LIABLE FOR ANY SPECIAL, INDIRECT OR CONSEQUENTIAL DAMAGES OR ANY DAMAGES WHATSOEVER RESULTING FROM LOSS OF USE, DATA OR PROFITS, WHETHER IN AN ACTION OF CONTRACT, NEGLIGENCE OR OTHER TORTIOUS ACTION, ARISING OUT OF OR IN CONNECTION WITH THE USE OR PERFORMANCE OF SOFTWARE, DOCUMENTS, PROVISION OF OR FAILURE TO PROVIDE SERVICES, OR INFORMATION AVAILABLE FROM THE SERVICES.


Materials Provided to Us or Posted on any of Our Websites

We do not claim ownership of the materials User provide to us (including feedback and suggestions) or post, upload, input or submit to any Services or our associated services for review by the general public, or by the members of any public or private community, (each a "Submission" and collectively "Submissions"). However, by posting, uploading, inputting, providing or submitting ("Posting") User’s Submission User is granting us, our affiliated companies and necessary sublicenses permission to use User’s Submission in connection with the operation of their Internet businesses (including, without limitation, all our Services), including, without limitation, the license rights to: copy, distribute, transmit, publicly display, publicly perform, reproduce, edit, translate and reformat User’s Submission; to publish User’s name in connection with User’s Submission; and the right to sublicense such rights to any supplier of the Services.

No compensation will be paid with respect to the use of User’s Submission, as provided herein. We are under no obligation to post or use any Submission User may provide and we may remove any Submission at any time at our sole discretion. By Posting a Submission User warrants and represents to own or otherwise control all of the rights to User’s Submission as described in these Terms of Use including, without limitation, all the rights necessary for User to provide, post, upload, input or submit the Submissions.

In addition to the warranty and representation set forth above, by posting a Submission that contains images, photographs, pictures or that are otherwise graphical in whole or in part ("images"), User warrant and represent that

By Posting images, User is granting (a) to all members of User’s private community (for each such images available to members of such private community), and/or (b) to the general public (for each such images available anywhere on the Services, other than a private community), permission to use User’s images in connection with the use, as permitted by these Terms, of any of our Services, (including, by way of example, and not as a limitation, making prints and gift items which include such images), and including, without limitation, a non-exclusive, world-wide, royalty-free license to:


Disclaimer

We do not accept any responsibility for any loss damage, however caused (including through negligence), which you may directly or indirectly suffer in connection with your use of this website or any linked website, 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 this website.

We offer no warranties in relation to goods or services sold or listed pursuant to the auction process. We also offer no warranty in relation to the availability of the auction service.

You acknowledge that make no representation as to the ownership of title in auctioned goods or as to the ability of either a buyer or seller to complete a transaction.

We have attempted to provide accurate information and materials on this website but assume no responsibility for the accuracy and completeness of that information or materials. We may change the content of any information or materials available at this website, or to the products described in them, at any time without notice.

We make no commitment to update the information or materials on this website which, as a result, may be out of date. We are not responsible for any information and / or opinions expressed on our bulletin boards or other forums.

We may change the content of any information or materials available at this website, or to the products described in them, at any time without notice. However, we make no commitment to update the information or materials on this website which, as a result, may be out of date. Information and opinions expressed in bulletin boards or other forums are not necessarily those of IbuyTrader Pty Ltd.

Our officers, directors, employees, agents, distributors, or affiliates are not responsible or liable for any loss damage (including, but not limited to, actual, consequential, or punitive), liability, claim, or other injury or cause related to or resulting from any information posted on our website.

We reserve the right to revise these terms and/or legal restrictions at any time. You are responsible for reviewing this page from time to time to ensure compliance with the then-current terms and legal restrictions because they will be binding on you. Certain provisions of these terms and legal restrictions may be superseded by expressly designated legal notices or terms located on particular pages of this website.

ALL INFORMATION AND MATERIALS AVAILABLE AT THIS WEBSITE ARE PROVIDED "AS IS" WITHOUT ANY WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, AND WE DISCLAIMS ALL WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT OF INTELLECTUAL PROPERTY OR ARISING FROM A COURSE OF DEALING, USAGE OR TRADE PRACTICE.

IN NO EVENT SHALL WE BE LIABLE FOR ANY DAMAGES WHATSOEVER (INCLUDING, WITHOUT LIMITATION, INDIRECT, SPECIAL, CONSEQUENTIAL OR INCIDENTAL DAMAGES OR THOSE RESULTING FROM LOST PROFITS, LOST DATA OR BUSINESS INTERRUPTION) ARISING OUT OF THE USE, INABILITY TO USE, OR THE RESULTS OF USE OF THIS WEBSITE, ANY WEBSITES LINKED TO THIS WEBSITE, OR THE MATERIALS OR INFORMATION CONTAINED AT ANY OR ALL SUCH WEBSITES, WHETHER BASED ON WARRANTY, CONTRACT, TORT OR ANY OTHER LEGAL THEORY AND WHETHER OR NOT ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IF YOUR USE OF THE MATERIALS OR INFORMATION ON THIS WEBSITE RESULTS IN THE NEED FOR SERVICING, REPAIR OR CORRECTION OF EQUIPMENT OR DATA, YOU ASSUME ALL COSTS THEREOF.

THE SERVICE, CONTENT, GOODS AND SERVICES FROM OR THROUGH THE SERVICE ARE PROVIDED "AS-IS," "AS AVAILABLE," AND ALL WARRANTIES, EXPRESS OR IMPLIED, ARE DISCLAIMED (INCLUDING BUT NOT LIMITED TO THE DISCLAIMER OF ANY IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE).

THE SOLE AND ENTIRE MAXIMUM LIABILITY OF COMPANY, FOR ANY REASON, AND BUYER'S SOLE AND EXCLUSIVE REMEDY FOR ANY CAUSE WHATSOEVER, SHALL BE LIMITED TO THE AMOUNT PAID BY THE CUSTOMER FOR THE PARTICULAR ITEMS PURCHASED. COMPANY AND ANY OF ITS AFFILIATES, DEALERS OR SUPPLIERS ARE NOT LIABLE FOR ANY INDIRECT, SPECIAL, INCIDENTAL, OR CONSEQUENTIAL DAMAGES (INCLUDING DAMAGES FOR LOSS OF BUSINESS, LOSS OF PROFITS, LITIGATION, OR THE LIKE), WHETHER BASED ON BREACH OF CONTRACT, BREACH OF WARRANTY, TORT (INCLUDING NEGLIGENCE), PRODUCT LIABILITY OR OTHERWISE, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

THE LIMITATIONS OF DAMAGES SET FORTH ABOVE ARE FUNDAMENTAL ELEMENTS OF THE BASIS OF THE BARGAIN BETWEEN COMPANY AND BUYER. THIS SITE AND GOODS AND SERVICES WOULD NOT BE PROVIDED WITHOUT SUCH LIMITATIONS. SOME STATE STATUTES MAY APPLY REGARDING LIMITATION OF LIABILITY.

USER EXPRESSLY AGREES THAT USE OF OUR WEBSITE IS AT USER'S SOLE RISK. NEITHER IBUYTRADER PTY LTD, OUR AFFILIATES NOR ANY OF OUR RESPECTIVE EMPLOYEES, AGENTS, THIRD PARTY CONTENT PROVIDERS OR LICENSORS WARRANT THAT WE WILL BE UNINTERRUPTED OR ERROR FREE; NOR DO THEY MAKE ANY WARRANTY AS TO THE RESULTS THAT MAY BE OBTAINED FROM USE OF OUR WESBSITE, OR AS TO THE ACCURACY, RELIABILITY OR CONTENT OF ANY INFORMATION, SERVICE, OR MERCHANDISE PROVIDED THROUGH OUR WEBSITES.

OUR WEBSITE IS PROVIDED ON AN "AS IS" BASIS WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, WARRANTIES OF TITLE OR IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, OTHER THAN THOSE WARRANTIES WHICH ARE IMPLIED BY AND INCAPABLE OF EXCLUSION, RESTRICTION OR MODIFICATION UNDER THE LAWS APPLICABLE TO THIS AGREEMENT.

THIS DISCLAIMER OF LIABILITY APPLIES TO ANY DAMAGES OR INJURY CAUSED BY ANY FAILURE OF PERFORMANCE, ERROR, OMISSION, INTERRUPTION, DELETION, DEFECT, DELAY IN OPERATION OR TRANSMISSION, COMPUTER VIRUS, COMMUNICATION LINE FAILURE, THEFT OR DESTRUCTION OR UNAUTHORIZED ACCESS TO, ALTERATION OF, OR USE OF RECORD, WHETHER FOR BREACH OF CONTRACT, TORTIOUS BEHAVIOR, NEGLIGENCE, OR UNDER ANY OTHER CAUSE OF ACTION. USER SPECIFICALLY ACKNOWLEDGES THAT WE ARE NOT LIABLE FOR THE DEFAMATORY, OFFENSIVE OR ILLEGAL CONDUCT OF OTHER USERS OR THIRD-PARTIES AND THAT THE RISK OF INJURY FROM THE FOREGOING RESTS ENTIRELY WITH USER.

IN NO EVENT WILL WE, OR ANY OF OUR REPRESENTATIVES AND / OR ENTITIES INVOLVED IN CREATING, PRODUCING OR DISTRIBUTING OUR WEBSITE OR SOFTWARE, BE LIABLE FOR ANY DAMAGES, INCLUDING, WITHOUT LIMITATION, DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR PUNITIVE DAMAGES ARISING OUT OF THE USE OF OR INABILITY TO USE OUR WEBSITES. USER HEREBY ACKNOWLEDGES THAT THE PROVISIONS OF THIS SECTION SHALL APPLY TO ALL CONTENT ON OUR WEBSITES.

IN ADDITION TO THE TERMS SET FORTH ABOVE NEITHER, WE, NOR OUR AFFILIATES, INFORMATION PROVIDERS OR CONTENT PARTNERS SHALL BE LIABLE REGARDLESS OF THE CAUSE OR DURATION, FOR ANY ERRORS, INACCURACIES, OMISSIONS, OR OTHER DEFECTS IN, OR UNTIMELINESS OR UNAUTHENTICITY OF, THE INFORMATION CONTAINED WITHIN OUR WEBSITES, OR FOR ANY DELAY OR INTERRUPTION IN THE TRANSMISSION THEREOF TO THE USER, OR FOR ANY CLAIMS OR LOSSES ARISING THEREFROM OR OCCASIONED THEREBY. NONE OF THE FOREGOING PARTIES SHALL BE LIABLE FOR ANY THIRD-PARTY CLAIMS OR LOSSES OF ANY NATURE, INCLUDING, BUT NOT LIMITED TO, LOST PROFITS, PUNITIVE OR CONSEQUENTIAL DAMAGES.

FORCE MAJEURE – NEITHER PARTY WILL BE RESPONSIBLE FOR ANY FAILURE OR DELAY IN PERFORMANCE DUE TO CIRCUMSTANCES BEYOND ITS REASONABLE CONTROL, INCLUDING, WITHOUT LIMITATION, ACTS OF GOD, WAR, RIOT, EMBARGOES, ACTS OF CIVIL OR MILITARY AUTHORITIES, FIRE, FLOODS, ACCIDENTS, SERVICE OUTAGES RESULTING FROM EQUIPMENT AND/OR SOFTWARE FAILURE AND/OR TELECOMMUNICATIONS FAILURES, POWER FAILURES, NETWORK FAILURES, FAILURES OF THIRD PARTY SERVICE PROVIDERS (INCLUDING PROVIDERS OF INTERNET SERVICES AND TELECOMMUNICATIONS). THE PARTY AFFECTED BY ANY SUCH EVENT SHALL NOTIFY THE OTHER PARTY WITHIN A MAXIMUM OF FIFTEEN (15) DAYS FROM ITS OCCURENCE. THE PERFORMANCE OF THS AGREEMENT SHALL THEN BE SUSPENDED FOR AS LONG AS ANY SUCH EVENT SHALL PREVENT THE AFFECTED PARTY FROM PERFORMING ITS OBLIGATIONS UNDER THIS AGREEMENT.


Notices Regarding Software, Documents and Services Available on this Website

IN NO EVENT SHALL WE AND/OR OUR RESPECTIVE SUPPLIERS BE LIABLE FOR ANY SPECIAL, INDIRECT OR CONSEQUENTIAL DAMAGES OR ANY DAMAGES WHATSOEVER RESULTING FROM LOSS OF USE, DATA OR PROFITS, WHETHER IN AN ACTION OF CONTRACT, NEGLIGENCE OR OTHER TORTIOUS ACTION, ARISING OUT OF OR IN CONNECTION WITH THE USE OR PERFORMANCE OF SOFTWARE, DOCUMENTS, PROVISION OF OR FAILURE TO PROVIDE SERVICES, OR INFORMATION AVAILABLE FROM THE SERVICES.


Materials Provided to Us or Posted on any of Our Websites

We do not claim ownership of the materials User provide to us (including feedback and suggestions) or post, upload, input or submit to any Services or our associated services for review by the general public, or by the members of any public or private community, (each a "Submission" and collectively "Submissions"). However, by posting, uploading, inputting, providing or submitting ("Posting") User’s Submission User is granting us, our affiliated companies and necessary sublicenses permission to use User’s Submission in connection with the operation of their Internet businesses (including, without limitation, all our Services), including, without limitation, the license rights to: copy, distribute, transmit, publicly display, publicly perform, reproduce, edit, translate and reformat User’s Submission; to publish User’s name in connection with User’s Submission; and the right to sublicense such rights to any supplier of the Services.

No compensation will be paid with respect to the use of User’s Submission, as provided herein. We are under no obligation to post or use any Submission User may provide and we may remove any Submission at any time at our sole discretion. By Posting a Submission User warrants and represents to own or otherwise control all of the rights to User’s Submission as described in these Terms of Use including, without limitation, all the rights necessary for User to provide, post, upload, input or submit the Submissions.

In addition to the warranty and representation set forth above, by posting a Submission that contains images, photographs, pictures or that are otherwise graphical in whole or in part ("images"), User warrant and represent that

By Posting images, User is granting (a) to all members of User’s private community (for each such images available to members of such private community), and/or (b) to the general public (for each such images available anywhere on the Services, other than a private community), permission to use User’s images in connection with the use, as permitted by these Terms, of any of our Services, (including, by way of example, and not as a limitation, making prints and gift items which include such images), and including, without limitation, a non-exclusive, world-wide, royalty-free license to:


Disclaimer

We do not accept any responsibility for any loss damage, however caused (including through negligence), which you may directly or indirectly suffer in connection with your use of this website or any linked website, 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 this website.

We offer no warranties in relation to goods or services sold or listed pursuant to the auction process. We also offer no warranty in relation to the availability of the auction service.

You acknowledge that make no representation as to the ownership of title in auctioned goods or as to the ability of either a buyer or seller to complete a transaction.

We have attempted to provide accurate information and materials on this website but assume no responsibility for the accuracy and completeness of that information or materials. We may change the content of any information or materials available at this website, or to the products described in them, at any time without notice.

We make no commitment to update the information or materials on this website which, as a result, may be out of date. We are not responsible for any information and / or opinions expressed on our bulletin boards or other forums.

We may change the content of any information or materials available at this website, or to the products described in them, at any time without notice. However, we make no commitment to update the information or materials on this website which, as a result, may be out of date. Information and opinions expressed in bulletin boards or other forums are not necessarily those of IbuyTrader Pty Ltd.

Our officers, directors, employees, agents, distributors, or affiliates are not responsible or liable for any loss damage (including, but not limited to, actual, consequential, or punitive), liability, claim, or other injury or cause related to or resulting from any information posted on our website.

We reserve the right to revise these terms and/or legal restrictions at any time. You are responsible for reviewing this page from time to time to ensure compliance with the then-current terms and legal restrictions because they will be binding on you. Certain provisions of these terms and legal restrictions may be superseded by expressly designated legal notices or terms located on particular pages of this website.

ALL INFORMATION AND MATERIALS AVAILABLE AT THIS WEBSITE ARE PROVIDED "AS IS" WITHOUT ANY WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, AND WE DISCLAIMS ALL WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT OF INTELLECTUAL PROPERTY OR ARISING FROM A COURSE OF DEALING, USAGE OR TRADE PRACTICE.

IN NO EVENT SHALL WE BE LIABLE FOR ANY DAMAGES WHATSOEVER (INCLUDING, WITHOUT LIMITATION, INDIRECT, SPECIAL, CONSEQUENTIAL OR INCIDENTAL DAMAGES OR THOSE RESULTING FROM LOST PROFITS, LOST DATA OR BUSINESS INTERRUPTION) ARISING OUT OF THE USE, INABILITY TO USE, OR THE RESULTS OF USE OF THIS WEBSITE, ANY WEBSITES LINKED TO THIS WEBSITE, OR THE MATERIALS OR INFORMATION CONTAINED AT ANY OR ALL SUCH WEBSITES, WHETHER BASED ON WARRANTY, CONTRACT, TORT OR ANY OTHER LEGAL THEORY AND WHETHER OR NOT ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IF YOUR USE OF THE MATERIALS OR INFORMATION ON THIS WEBSITE RESULTS IN THE NEED FOR SERVICING, REPAIR OR CORRECTION OF EQUIPMENT OR DATA, YOU ASSUME ALL COSTS THEREOF.

THE SERVICE, CONTENT, GOODS AND SERVICES FROM OR THROUGH THE SERVICE ARE PROVIDED "AS-IS," "AS AVAILABLE," AND ALL WARRANTIES, EXPRESS OR IMPLIED, ARE DISCLAIMED (INCLUDING BUT NOT LIMITED TO THE DISCLAIMER OF ANY IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE).

THE SOLE AND ENTIRE MAXIMUM LIABILITY OF COMPANY, FOR ANY REASON, AND BUYER'S SOLE AND EXCLUSIVE REMEDY FOR ANY CAUSE WHATSOEVER, SHALL BE LIMITED TO THE AMOUNT PAID BY THE CUSTOMER FOR THE PARTICULAR ITEMS PURCHASED. COMPANY AND ANY OF ITS AFFILIATES, DEALERS OR SUPPLIERS ARE NOT LIABLE FOR ANY INDIRECT, SPECIAL, INCIDENTAL, OR CONSEQUENTIAL DAMAGES (INCLUDING DAMAGES FOR LOSS OF BUSINESS, LOSS OF PROFITS, LITIGATION, OR THE LIKE), WHETHER BASED ON BREACH OF CONTRACT, BREACH OF WARRANTY, TORT (INCLUDING NEGLIGENCE), PRODUCT LIABILITY OR OTHERWISE, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

THE LIMITATIONS OF DAMAGES SET FORTH ABOVE ARE FUNDAMENTAL ELEMENTS OF THE BASIS OF THE BARGAIN BETWEEN COMPANY AND BUYER. THIS SITE AND GOODS AND SERVICES WOULD NOT BE PROVIDED WITHOUT SUCH LIMITATIONS. SOME STATE STATUTES MAY APPLY REGARDING LIMITATION OF LIABILITY.

USER EXPRESSLY AGREES THAT USE OF OUR WEBSITE IS AT USER'S SOLE RISK. NEITHER IBUYTRADER PTY LTD, OUR AFFILIATES NOR ANY OF OUR RESPECTIVE EMPLOYEES, AGENTS, THIRD PARTY CONTENT PROVIDERS OR LICENSORS WARRANT THAT WE WILL BE UNINTERRUPTED OR ERROR FREE; NOR DO THEY MAKE ANY WARRANTY AS TO THE RESULTS THAT MAY BE OBTAINED FROM USE OF OUR WESBSITE, OR AS TO THE ACCURACY, RELIABILITY OR CONTENT OF ANY INFORMATION, SERVICE, OR MERCHANDISE PROVIDED THROUGH OUR WEBSITES.

OUR WEBSITE IS PROVIDED ON AN "AS IS" BASIS WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, WARRANTIES OF TITLE OR IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, OTHER THAN THOSE WARRANTIES WHICH ARE IMPLIED BY AND INCAPABLE OF EXCLUSION, RESTRICTION OR MODIFICATION UNDER THE LAWS APPLICABLE TO THIS AGREEMENT.

THIS DISCLAIMER OF LIABILITY APPLIES TO ANY DAMAGES OR INJURY CAUSED BY ANY FAILURE OF PERFORMANCE, ERROR, OMISSION, INTERRUPTION, DELETION, DEFECT, DELAY IN OPERATION OR TRANSMISSION, COMPUTER VIRUS, COMMUNICATION LINE FAILURE, THEFT OR DESTRUCTION OR UNAUTHORIZED ACCESS TO, ALTERATION OF, OR USE OF RECORD, WHETHER FOR BREACH OF CONTRACT, TORTIOUS BEHAVIOR, NEGLIGENCE, OR UNDER ANY OTHER CAUSE OF ACTION. USER SPECIFICALLY ACKNOWLEDGES THAT WE ARE NOT LIABLE FOR THE DEFAMATORY, OFFENSIVE OR ILLEGAL CONDUCT OF OTHER USERS OR THIRD-PARTIES AND THAT THE RISK OF INJURY FROM THE FOREGOING RESTS ENTIRELY WITH USER.

IN NO EVENT WILL WE, OR ANY OF OUR REPRESENTATIVES AND / OR ENTITIES INVOLVED IN CREATING, PRODUCING OR DISTRIBUTING OUR WEBSITE OR SOFTWARE, BE LIABLE FOR ANY DAMAGES, INCLUDING, WITHOUT LIMITATION, DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR PUNITIVE DAMAGES ARISING OUT OF THE USE OF OR INABILITY TO USE OUR WEBSITES. USER HEREBY ACKNOWLEDGES THAT THE PROVISIONS OF THIS SECTION SHALL APPLY TO ALL CONTENT ON OUR WEBSITES.

IN ADDITION TO THE TERMS SET FORTH ABOVE NEITHER, WE, NOR OUR AFFILIATES, INFORMATION PROVIDERS OR CONTENT PARTNERS SHALL BE LIABLE REGARDLESS OF THE CAUSE OR DURATION, FOR ANY ERRORS, INACCURACIES, OMISSIONS, OR OTHER DEFECTS IN, OR UNTIMELINESS OR UNAUTHENTICITY OF, THE INFORMATION CONTAINED WITHIN OUR WEBSITES, OR FOR ANY DELAY OR INTERRUPTION IN THE TRANSMISSION THEREOF TO THE USER, OR FOR ANY CLAIMS OR LOSSES ARISING THEREFROM OR OCCASIONED THEREBY. NONE OF THE FOREGOING PARTIES SHALL BE LIABLE FOR ANY THIRD-PARTY CLAIMS OR LOSSES OF ANY NATURE, INCLUDING, BUT NOT LIMITED TO, LOST PROFITS, PUNITIVE OR CONSEQUENTIAL DAMAGES.

FORCE MAJEURE – NEITHER PARTY WILL BE RESPONSIBLE FOR ANY FAILURE OR DELAY IN PERFORMANCE DUE TO CIRCUMSTANCES BEYOND ITS REASONABLE CONTROL, INCLUDING, WITHOUT LIMITATION, ACTS OF GOD, WAR, RIOT, EMBARGOES, ACTS OF CIVIL OR MILITARY AUTHORITIES, FIRE, FLOODS, ACCIDENTS, SERVICE OUTAGES RESULTING FROM EQUIPMENT AND/OR SOFTWARE FAILURE AND/OR TELECOMMUNICATIONS FAILURES, POWER FAILURES, NETWORK FAILURES, FAILURES OF THIRD PARTY SERVICE PROVIDERS (INCLUDING PROVIDERS OF INTERNET SERVICES AND TELECOMMUNICATIONS). THE PARTY AFFECTED BY ANY SUCH EVENT SHALL NOTIFY THE OTHER PARTY WITHIN A MAXIMUM OF FIFTEEN (15) DAYS FROM ITS OCCURENCE. THE PERFORMANCE OF THS AGREEMENT SHALL THEN BE SUSPENDED FOR AS LONG AS ANY SUCH EVENT SHALL PREVENT THE AFFECTED PARTY FROM PERFORMING ITS OBLIGATIONS UNDER THIS AGREEMENT.


Buyers Beware

Goods generally sold by traditional auction are sold without guarantee or warranty.

All prospective users are cautioned to exercise “Buyer Beware” procedures before purchasing goods by way of auctions sales.

Currently national legislation, namely, the Competition and Consumer Act 2010 (CTH), has replaced the Trade Practices Act 1974 (Cth): Parts IVA, V, VA and VC in all states. Schedule 2 Australian Consumer Laws have been enacted, effective January 2011.

Sections 53 to 59 of Part 3.2 Australian Consumer Law states the mandatory guarantees with concern to consumer transactions made in trade or commerce and/or by goods sold to a consumer, they are:

(53) Guarantee as to undisclosed securities,
(54) Guarantee as to acceptable quality,
(55) Guarantee as to fitness for any disclosed purpose,
(56) Guarantee relating to the supply of goods by description,
(57) Guarantees relating to the supply of goods by sample or demonstration model,
(58) Guarantee as to repairs and spare parts, and
(59) Guarantee as to express warranties.

The above ACL guarantees do not apply if; the supply is not a supply of limited title (for the purpose of Section 53) or the supply occurs by way of sale by auction (for the purpose of Sections 54-59).

We take no responsibility as to the legitimacy, correctness or accuracy of lots / items listed on our website.
The Seller bares all responsibility to adhere to relevant Commonwealth and State Legislation governing Australian Consumer Law, Sales of Goods and all other related Acts and Regulations.


Auction of Plant, Machinery and Equipment

The Purchaser acknowledges that:


Agreement for Internet Advertising Services

By accessing and using our websites you acknowledge that you have read, understand and accept the terms of our Agreement for Internet Advertising Services.

This Agreement for Internet Advertising Services (the "Agreement") is made and effective use of IbuyTrader Pty Ltd Network (“The Supplier”)

In consideration of the terms and covenants of this agreement, and other valuable consideration, the parties agree as follows:

RECITALS

a. The "User" is an individual or Corporation who wishes to advertise on IbuyTrader Pty Ltd Network website.

b. The Supplier owns and operates an Internet Site located at IbuyTrader Pty Ltd Network (the "Advertised Site").


1. ADVERTISING MATERIALS

a. The User may periodically make changes to its advertising material. The Advertising Service Provider will charge a fee at its standard fee schedule rate for making changes to the Customer.

b. User shall use IbuyTrader Pty Ltd Network for lawful purposes only. User shall not post or transmit through IbuyTrader Pty Ltd Network any material which violates or infringes in any way upon the rights of others, which is unlawful, threatening, abusive, defamatory, invasive of privacy or publicity rights, vulgar, obscene, profane or otherwise objectionable, which encourages conduct that would constitute a criminal offense, give rise to civil liability or otherwise violate any law, or which, without IbuyTrader Pty Ltd Network's express prior approval, contains advertising or any solicitation with respect to products or services. Any conduct by a User that in IbuyTrader Pty Ltd Network discretion restricts or inhibits any other User from using or enjoying IbuyTrader Pty Ltd Network will not be permitted. User shall not use IbuyTrader Pty Ltd Network to advertise or perform any commercial solicitation, including, but not limited to, the solicitation of users to become subscribers of other on-line information services competitive with ibuysuvs.com.au.

c. The User must abide by all published Policies as published in IbuyTrader Pty Ltd Network website under Policy Section. This Agreement forms part of the Total Policies of the Website.


2. SERVICES TO BE PROVIDED

a. The Supplier will use its reasonable efforts to make its Advertising Site available for display through the World Wide Web. Supplier is not responsible for periodic downtime for maintenance, backup, acts of God, and other circumstances beyond its control or which are a normal part of the Internet business.

b. The User must log in to the "My Account" page at least once every 30 days otherwise the User advertising will be purged from the website. If the Advertising is purged from the website and the User has not yet sold the Advertised Item then The User Must Send email to support@resalecentre.com.au to reinstate the Advertising.

c. The User must within 5 days after selling the Advertised Item remove the Advertisement from the website.

d. If The User Selects the Live Auction option for advertising then the item Must Not be withdrawn from the Auction by the User before the end of the Auction to which the item has been catalogued and the Auction has finished and the item must be sold to the highest bidder over the reserve price, If the item is withdrawn before the Auction then a “Withdraw Charge” will be charged to the User Account These charges are listed on our "Pricing Policy".


3. PLACEMENT OF THE ADVERTISING

The Supplier reserves onto its own discretion all decisions and matters concerning placement of Customer’s advertisement on pages of the Supplier Site, categories of advertising, search engine results and search parameters and other operational and administrative matters pertaining to the construction and operation of the Suppliers Site.


4. TYPES OF ADVERTISING ON WEBSITE

Classifieds, Timed day Auction, Live Auction, Consign My Car, and any new types introduced from time to time at the companies discretion.

User (private) must be +18 and over and not a Dealer or Trader.

User (Dealer or Trader) must be licensed under Various State or Federal Laws.


5. COMPENSATION

In consideration of its advertising services, the User agrees to pay the advertising fees set forth on the fee schedule as advertised from time to Time on its website. The User will also pay any sales and other taxes based upon the fees set forth therein. Advertising fees will be in advance. For Users with Monthly accounts the accounts must be paid upon Invoice from the Supplier. The Supplier charges interest and service charges on monthly accounts that are delinquent at the maximum rates allowable by law. The User will be responsible for all collection costs and Legal fees if it is necessary to pursue collection efforts to collect on an account. The Supplier reserves the right to suspend advertising services until Users’ account is brought current as the Supplier has the right to terminate this Agreement if any advertising fee is delinquent.


6. PROPRIETARY RIGHTS

The Supplier will retain all proprietary rights in and to its respective sites and other proprietary materials such as copyrights, trademarks, trade secrets, patents and confidential information. Supplier does not grant the other any rights in and to such proprietary material except that the User hereby grants the Supplier a non-exclusive license to use the advertising material provided, including its trademarks and copyrights, and the right to hyperlink to Customer’s site from its site during the term of this Agreement. Upon termination of this Agreement, the Supplier agrees to remove the hyperlink and the advertising materials provided from its site within a reasonable time.


7. REPRESENTATIONS AND WARRANTIES

a. The User represents and warrants that the advertising provided is not false and misleading, does not contain any untrue, defamatory, harmful, abusive, vulgar or obscene materials, is in compliance with all applicable laws, does not infringe upon the rights of any other party, including but not limited to copyrights, trademarks, privacy rights, moral rights, trade secrets, patents and any other rights. The Customer also warrants and represents that it has the unrestrictive and exclusive right to use all such materials.

b. The Supplier makes no warranties that the advertising contained on the Suppliers Site will be free from errors or defects or that the use of the hypertext link or access to its site will be uninterrupted. THE ADVERTISING SERVICE PROVIDER SPECIFICALLY DISCLAIMS ALL EXPRESS AND IMPLIED WARRANTIES, INCLUDING BUT NOT LIMITED TO WARRANTIES OF MERCHANABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT ON THE RIGHTS OF THIRD PARTIES. IN NO EVENT SHALL THE ADVERTISING SERVICE PROVIDER BE LIABLE, WHETHER IN CONTRACT, TORT (INCLUDING NEGLIGENCE), OR OTHERWISE, FOR ANY INDIRECT, INCIDENTAL, OR CONSEQUENTIAL DAMAGES (INCLUDING LOST SALES OR PROFIT, LOST DATA, BUSINESS INTERRUPTION OR ATTORNEYS' FEES), EVEN IF NOTIFIED IN ADVANCE OF SUCH POSSIBILITY.


8. INDEMNIFICATION

The User will indemnify and hold the Advertising Service Provider harmless from and against any claims, suits, threats, demands, settlements, actions, causes of action, liabilities, obligations and all other matters, including but not limited to court costs, attorney fees, witness fees, settlement fees, and all other direct and indirect expenses and losses that may occur arising from the breach of any of the representations and warranties that the User has made to the Supplier and otherwise arising directly or indirectly from the placement of its advertising materials on the Supplier’s Site.


9. FORCE MAJEURE

The Advertising Service Provider will not be responsible for any failure or delay in performance hereunder that is directly or indirectly related to acts of God, storm, natural disaster, act of terrorism, utility outages or interruptions, system transmission failure, server failure, strike, lockout, or any other situation which is beyond its control.


10. TERMINATION

The Supplier reserves the right to terminate this Agreement for any reason, with or without cause.


11. ENTIRE AGREEMENT

This Agreement forms part of the Terms of Use and other Policies for our website which is advertised in our "Help Centre", between the parties. This Agreement may only be amended by a written amendment signed by authorized representative of both of the parties.


12. ASSIGNMENT

The User is not permitted to assign its rights or responsibilities hereunder. If any dispute or lawsuit between the parties arises relative to this Agreement, the prevailing party will be entitled to an award of reasonable attorney fees and costs.


13. TYPES OF USERS

All Users must be 18 years of age or over and either an:


14. GOVERNING LAW

This Agreement shall be interpreted under the laws of the New South Wales Australia Any and all legal actions relative hereto shall be in the courts of New South Wales.


15. IBUYTRADER PTY LTD NETWORK MAY MAKE CHANGES TO THIS AGREEMENT

Our websites may in its absolute discretion amend, modify or make any changes to this agreement and such changes to this agreement will be absolute and binding on you once they have been published on our website.

It is highly recommended that you check our Policy section for any updates to our policies.

All rights that are not expressly granted are reserved.

If any provision in this agreement is invalid, illegal or unenforceable in any respect such invalid, illegal or unenforceable provision is to be severed from this agreement and the remaining terms apply.


Freeware License Terms and Conditions

By accessing and using our websites you acknowledge that you have read, understand and accept the terms of our Freeware License Terms and Conditions.

This website contains certain downloadable software that does not require payment of any license fee. The copyright owner and Licensor or the software that you download through this site is indicated in the accompanying read-me file and in the area of this website from which the software is downloaded. This Freeware License is a binding legal agreement between the individual who downloads the software ("You") and the Licensor.

THIS SOFTWARE IS COPYRIGHTED AND THE OWNER OF THE COPYRIGHT CLAIMS ALL EXCLUSIVE RIGHTS TO SUCH SOFTWARE, EXCEPT AS LICENSED TO USERS HEREUNDER AND SUBJECT TO STRICT COMPLIANCE WITH THE TERMS OF THIS FREEWARE LICENSE.

Even though a license fee is not paid for use of such Freeware, it does not mean that there are not conditions for using such Freeware. As a condition for granting you a license to use Freeware programs that are available through this site, you agree to all of the following terms and conditions. You are deemed to have read, understood and accepted all such terms and conditions upon executing a download of any Freeware program.

If you fail to abide by any of the terms and conditions set forth herein, your license to use such Freeware shall be immediately and automatically revoked, without any notice or other action by the Copyright Owner.


Further Terms and Conditions

1. You are granted a non-exclusive license to use the Downloaded Software subject to your compliance with all of the terms and conditions of this Freeware License.

2. You may only use the software on a single computer that you own, lease or control. You may make one backup copy of the software for your own use to replace the primary copy in the event of hard-drive failure or other unavailability of the primary copy. The backup copy shall retain all copyright notices.

3. You are only granted a license for the machine-readable, object code portion of the software. You will not modify, enhance, reverse engineer or otherwise alter the software from its current state.

4. You may not use the software for multiple users or on a local area network without written consent from the Licensor.

5. You may not distribute copy, publish, assign, sell, bargain, convey, transfer, pledge, lease or grant any further rights to use the software.

6. You will not have any proprietary rights in and to the software. You acknowledge and agree that the Licensor retains all copyrights and other proprietary rights in and to the software.

7. Your license to use the software shall be revocable by the Licensor upon written notice to you. This license shall automatically terminate upon your violation of the terms hereof or upon your use of the software beyond the scope of the license provided herein.

8. Use within the scope of this license is free of charge and no royalty or licensing fees shall be payable by you. Use beyond the scope of this license shall constitute copyright infringement.

9. This license shall be effective and bind you upon your downloading of the software.

10. You accept the software on an “AS IS” and with all faults basis. No representations and warranties are made to you regarding any aspect of the software.

11. THE LICENSOR HEREBY DISCLAIMS ANY AND ALL WARRANTIES, EXPRESS OR IMPLIED, RELATIVE TO THE SOFTWARE, INCLUDING BUT NOT LIMITED TO ANY WARRANTY OF FITNESS FOR A PARTICULAR PURPOSE OR MERCHANTABILITY. LICENSOR SHALL NOT BE LIABLE OR RESPONSIBLE FOR ANY DAMAGES, INJURIES OR LIABILITIES CAUSED DIRECTLY OR INDIRECTLY FROM THE USE OF THE SOFTWARE, INCLUDING BUT NOT LIMITED TO INCIDENTAL, CONSEQUENTIAL OR SPECIAL DAMAGES.

12. This Freeware License shall be interpreted under the laws of Australia. You agree that all controversies pertaining to the software and/or this Freeware Agreement shall be brought in the courts of Australia. You hereby submit to the jurisdictions of such court. However, federal courts located in Australia shall have jurisdiction over copyright claims brought by the Licensor and you hereby submit to the jurisdiction of the courts located in the NSW, Australia.

13. Licensor’s failure to enforce any rights hereunder or its copyright in the software shall not be construed as amending this agreement or waiving any of Licensor’s rights hereunder or under any provision of state of federal law.

By using our websites you agree to the above terms.


Online Contracts

By accessing and using our websites you acknowledge that you have read, understand and accept the terms of our Online Contracts.

The following terms also form part of the agreement between IbuyTrader Pty Ltd(“Company”) and the buyer (“Buyer”) of goods or services through the Company’s Website (the “Site”). If you do not agree to these terms, you will not be able to purchase anything, so please review these terms carefully:


1. INTRODUCTION

Buyer agrees to the terms and conditions outlined in this Online Contract ("Contract") with respect to the goods, services and information provided by or through the Site. This Contract constitutes the entire and only agreement between the Company and Buyer, and supersedes any and all prior or contemporaneous agreements, representations, warranties, and understandings with respect to the goods, services and information provided by or through the Site, and the subject matter of this Contract. Buyer agrees to review this Contract prior to purchasing anything and purchase of a good or service shall be deemed acceptance of this Contract.


2. SETUP AND PAYMENT

Buyer represents and warrants that:


3. COPYRIGHT

The content, organization, gathering, compilation, magnetic translation, digital conversion and other matters related to the Site are protected under applicable copyrights, trademarks, and other proprietary (including but not limited to intellectual property) rights, and, the copying, redistribution, use or publication by a Buyer of any such content or any part of the Site is prohibited.


4. EDITING, DELETING, AND MODIFICATION

Company reserves the right in its sole discretion to edit or delete any information or content appearing on the Site and to remove any goods and services for sale. Upon notice published over the Service, Company may modify this Contract, or prices, and may discontinue or revise any or all aspects of the Site in its sole discretion and without prior notice. Modification of this Contract will be deemed effective upon publication on the Site with respect to transactions occurring after said date.


5. RIGHT TO REFUSE

Company reserves the right in its sole discretion to refuse service at any time. Sale of any goods or services is subject to availability.


6. INDEMNIFICATION

Buyer agrees to indemnify, defend and hold Company and its affiliates, licensors and suppliers harmless from any liability, loss, claim and expense, including reasonable attorney's fees, related to a Buyer's violation of this Contract or use of the Site.


7. NON-TRANSFERABLE

Buyer's right to use the Service is not transferable and is subject to any limits established by Company or by Buyer's credit card company.


8. DISCLAIMER

THE SERVICE, CONTENT, GOODS AND SERVICES FROM OR THROUGH THE SERVICE ARE PROVIDED "AS-IS," "AS AVAILABLE," AND ALL WARRANTIES, EXPRESS OR IMPLIED, ARE DISCLAIMED (INCLUDING BUT NOT LIMITED TO THE DISCLAIMER OF ANY IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE). THE SOLE AND ENTIRE MAXIMUM LIABILITY OF COMPANY, FOR ANY REASON, AND BUYER'S SOLE AND EXCLUSIVE REMEDY FOR ANY CAUSE WHATSOEVER, SHALL BE LIMITED TO THE AMOUNT PAID BY THE CUSTOMER FOR THE PARTICULAR ITEMS PURCHASED. COMPANY AND ANY OF ITS AFFILIATES, DEALERS OR SUPPLIERS ARE NOT LIABLE FOR ANY INDIRECT, SPECIAL, INCIDENTAL, OR CONSEQUENTIAL DAMAGES (INCLUDING DAMAGES FOR LOSS OF BUSINESS, LOSS OF PROFITS, LITIGATION, OR THE LIKE), WHETHER BASED ON BREACH OF CONTRACT, BREACH OF WARRANTY, TORT (INCLUDING NEGLIGENCE), PRODUCT LIABILITY OR OTHERWISE, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THE LIMITATIONS OF DAMAGES SET FORTH ABOVE ARE FUNDAMENTAL ELEMENTS OF THE BASIS OF THE BARGAIN BETWEEN COMPANY AND BUYER. THIS SITE AND GOODS AND SERVICES WOULD NOT BE PROVIDED WITHOUT SUCH LIMITATIONS. SOME STATE STATUTES MAY APPLY REGARDING LIMITATION OF LIABILITY.


9. REFUND POLICY

IbuyTrader Pty Ltd does not give any refunds for services offered on its website or resalecentre. If you feel that you have genuine reason for any refund please see our Disputes Resolution Section. This Section 9 sets forth Buyer’s sole and exclusive right to refund.


10. USE OF INFORMATION

Company reserves the right, and Buyer authorizes Company, to the use and assignment of all information regarding Buyer’s use of the Site and all information provided by Buyer, subject to applicable law.


11. GOVERNING LAW

This Contract shall be treated as though it were executed and performed in New South Wales Australia and shall be governed by and construed in accordance with the laws of New South Wales Australia (without regard to conflict of law principles). Any cause of action of Buyer with respect to the Site must be instituted within one month after any purchase or be forever waived and barred. All actions shall be subject to the limitations set forth in Section 8. The language in this Contract shall be interpreted as to its fair meaning and not strictly for or against any party.


12. LITIGATION

All legal proceedings arising out of or in connection with this Contract shall be brought solely in New South Wales Australia and Buyer expressly submits to the jurisdiction of said courts and Buyer consents to extra-territorial service of process. Should any part of this Contract be held invalid or unenforceable, that portion shall be construed consistent with applicable law as nearly as possible to reflect the original intentions of the parties and the remaining portions shall remain in full force and effect. To the extent that anything in or associated with the Site or the Company is in conflict or inconsistent with this Contract, this Contract shall take precedence. Failure of Company to enforce any provision of this Contract shall not be deemed a waiver of such provision nor of the right to enforce such provision.


13. IbuyTrader Pty Ltd MAY MAKE CHANGES TO THIS AGREEMENT

IbuyTrader Pty Ltd may in its absolute discretion amend , modify or make any changes to this agreement and such changes to this agreement will be absolute and binding on you once they have been published on our website.

It is highly recommended that you check our Policy section for any updates to our policies.
All rights that are not expressly granted are reserved.

If any provision in this agreement in invalid, illegal or unenforceable in any respect such invalid, illegal or unenforceable provision is to be severed from this agreement and the remaining terms apply.


14. ACKNOWLEDGMENT

This Agreement represents the understanding between you and us regarding your relationship to Online and This Agreement forms part of the Terms of Use and other Policies for our website which is advertised in our “Help Centre”, between the parties. This Agreement may only be amended by a written amendment signed by authorized representative of both of the parties.

IF YOU CLICK THE “I AGREE” BUTTON UPON REGISTRATION THEN YOU WILL BE BOUND BY THE TERMS OF OUR ONLINE AGREEMENTS.

If you don’t click on “I Agree” then you will not be able to sell any goods or services on our websites.


Default

All members agree that they have the legal capacity to complete all appropriate transactions required on our website by us or other parties, namely, the seller or buyer.

Any monies owed by transactions to us or either other party must be paid promptly in accordance with agreed terms in our membership subscription policy or either other party’s contract of sale.

If any member dishonours our Terms of Use and all other policies and agreements posted on our website will be in breach and incur a Default status.

We reserve the right to apply the following penalties to any member holding default status:


Limitation of liability and indemnity

You agree that we will be under no liability to you in respect of any loss or damage (including indirect, 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 service supplied pursuant to the auction service offered over this website or in respect of a failure or omission on the part of the other party to a transaction to complete a sale.

You release and indemnify us against all actions, claims and demands (including the cost of defending or settling any action, claim or demand) which may be instituted against us arising out of a failure by us to comply with these terms and conditions or a failure by the other party to a transaction to complete a sale or satisfy the requirements of a sale.

You also release and indemnify us against all actions, claims and demands (including the cost of defending or settling any action, claim or demand) which may be instituted against us arising out of any act or omission on your part, including but not limited to a failure by you to comply with your obligations under these terms and conditions.

In respect of any claim between the parties under or in connection with this Agreement, the parties agree that to the maximum extent permitted by law, the operations of Part 4 of the Civil Liability Act 2002 (NSW) and of any laws having a similar effect in the Commonwealth and other States or Territories of Australia are excluded to have no application or effect insofar as any of them would apportion liability to us which you would have been so apportioned but for such laws.

Where the Purchaser or Seller suffers Loss as a result of its purchase or sale of any Lot:

You agree to defend, indemnify and hold harmless to us, our affiliates and their respective directors, officers, employees and agents from and against all claims and expenses, including attorneys' fees, arising out of the use of our websites by User or User's Account.


Specific Warnings

You acknowledge that we 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. We take no responsibility for any action or omission of any User.

You acknowledge that you bear full responsibility for all your transactions represented through our website.

You acknowledge and undertake that all your represented transaction through our website is in accordance and compliance with all relevant statute and regulations applicable to you.

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 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 Site.

In case of any dispute between Users or any dispute arising from the use of the Services, we 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.

If we are 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 us in connection with the provision of such service, including our costs for taking legal or other professional advice or representation (in all such cases, the costs shall be calculated on an indemnity basis).

This Agreement and all our policies published on our website represent the entire understanding between you and us regarding your relationship to our Online Products.

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

You must take your own precautions to ensure that the process which you employ for accessing this website does not expose your risk of viruses or other form of interferences which may damage your own computer system. For removal of doubt we do not accept any responsibility for any interference or damage to your own computer system which arises in connection with your accessing of this website or any linked website.

Whilst we have no reason to believe that any information contained on this website is inaccurate, we do not warrant the accuracy, adequacy or completeness of such information, nor do we undertake to keep this website updated. We do not accept responsibility for loss suffered as a result of reliance by you upon the accuracy or currency of information contained by you on this website.

We do not give you any assurances that any information contained on this website will be suitable for your purposes or that it will be error-free. You agree that you will not rely on the any such information or its availability and that any reliance you make will be on your own independent assessment with the aid of qualified independent advice.

Responsibility for the content of advertisements appearing on this website (including hyperlinks to the advertisers’ own websites) rests solely with the advertisers. The placement of such advertisements does not constitute a recommendation or endorsement by us of the advertisers’ products and each advertiser is solely responsible for any representations made in connection with its advertisement.

We do not warrant that the auction service will be available at all times or any specific times.

You acknowledge that we do not have any involvement in the auction process other than providing this venue facility on our website. We do not represent bidders or sellers. Unless expressly stated to the contrary, we do not endorse or have an interest in the goods which are being sold and we do not accept responsibility in the event that a transaction is not completed due to an act or omission on the part of either the bidder or the seller. We accept on responsibility of defective goods, including the failure of any goods to correspond with the seller’s description or samples or the failure of any goods to be of acceptable quality. We have no control over the availability, quality, safety or legality of auctioned goods, we do not warrant the truth or accuracy of listings and we have no control over representations made by either the seller or the bidder.

We are not responsible in the event a bid is not processed due to technical difficulties affecting our system.

We do retain listings retain listings and records of specific transactions. Please refer to our Privacy Policy.

We are not responsible for ensuring that warranty obligations are honoured.

If you have any doubts about the ability of the other party to discharge its obligations in this regard, it is your responsibility to make all the necessary enquiries in advance and to take any steps which you consider to be appropriate in the circumstances.

By accessing our website you acknowledge that you have read, understood, accept and agree to be legally bound by the Terms and Conditions and all other polices and agreements provided on our website.


Intellectual Property

Our products and services are covered and protect by Certified Australian and International Intellectual Property Patents. Any breach of our intellectual property rights will incur damages in accordance to the full extent of the law as governed by appropriate Intellectual Property Laws.


Ownership of Information and Materials

The information and any materials (including white papers, press releases, data sheets, product descriptions, and FAQs) available on or from this website are the copyrighted works of IbuyTrader Pty Ltd and any unauthorized use of that information or materials may violate copyright, trademark and other laws.

Any rights not expressly granted herein are reserved.


Copyright

Copyright in this website (including text, graphics, logos, icons, sound recordings and software) is owned or licensed by us. Other than for the purposes of, and subject to the conditions prescribed under, the Copyright Act 1968 (Cth) and similar legislation which applies in your location, and except as expressly authorised by these terms and conditions, you may not in any form or by any means:

without our written permission.


Copyright Legal Notice

© Copyright IbuyTrader Pty Ltd. 2009 all rights reserved. Reproduction, adaptation, or translation without permission is prohibited except as allowed under the International copyright laws. All the text, graphics, design, content, and other works are the copyrighted works of IbuyTrader Pty Ltd.


Trademarks

Except where otherwise specified, any word or device to which is attached the TM or ® symbols is a registered trademark.

Our trademarks may be used only with our written permission.

If you use any of our trademarks in reference to our activities, products or services, you must include a statement attributing that trademark to us. You must not use any of our trademarks:


Restrictions

Unless we agree otherwise in writing, you are provided with access to this website only for your personal use. You are authorised to print a copy of any information contained on this website for your personal use, unless such printing is expressly prohibited. Without limiting the foregoing, you may not without our written permission on-sell information obtained from this website.

You may view, download and copy information and materials available on this website solely for your personal, non-commercial use. You may also use such material within your organization in connection with the support of IbuyTrader Pty Ltd’s products.

As a condition of use, you agree not to modify or revise any of the material in any manner, and to retain all copyright and other proprietary notices as contained in the original materials on any copies of the materials. No other use of the materials or information is authorized. Any violation of the foregoing may result in civil and/or criminal liabilities.


Suspension of Service

We make no and expressly disclaim any representation or warranty that any of our online services will be available for use by at all times or at any particular time, during and for the duration of any particular Auction Process or at all.

We may from time to time suspend the provision of the Online Auction System.


Linked Websites

This website may contain links to other websites (“linked websites”). Those links are provided for convenience only and may not remain current or be maintained.

As a convenience and to make our website truly service oriented we have included links to complementary sites on the Internet. These sites are owned and operated by third parties.

We are not responsible for the content or privacy associated with linked websites.

Our links with linked websites should not be construed as an endorsement, approval or recommendation by us of the owners or operators of those linked websites, or of any information, graphics, materials, products or services referred to or contained on those linked websites, unless and to the extent stipulated to the contrary.

We make no representation and are not responsible for the availability of, or content located on or through, these third party sites. A third party link found on our website is not an indication that we endorses the third party or its site, or has any affiliation with or between us and the third party hosting site.

LINKS TO OTHER WEBSITES WILL REDIRECT USERS OUTSIDE OUR WEBSITE. SUCH LINKED SITES ARE NOT UNDER THE OUR CONTROL AND WE ARE NOT RESPONSIBLE FOR THE CONTENTS OF ANY LINKED SITE OR ANY LINK CONTAINED IN A LINKED SITE, OR ANY CHANGES OR UPDATES TO SUCH SITES. WE ARE NOT RESPONSIBLE FOR WEBCASTING OR ANY OTHER FORM OF TRANSMISSION RECEIVED FROM ANY LINKED SITE. WE ARE PROVIDING THESE LINKS TO YOU ONLY AS A CONVENIENCE, AND THE INCLUSION OF ANY LINK DOES NOT IMPLY ENDORSEMENT BY US OF THE SITE.

We are a distributor (and not a publisher) of content supplied by third parties and Users. Accordingly, we have no more editorial control over such content than does a public library, bookstore, or newsstand. Any opinions, advice, statements, services, offers, or other information or content expressed or made available by third parties, including information providers, Users or any other user of our websites, are those of the respective author(s) or distributor(s) and not of ours.

Neither we nor any third-party provider of information guarantees the accuracy, completeness, or usefulness of any content, nor its merchantability or fitness for any particular purpose.

In many instances, the content available through our websites represents the opinions and judgments of the respective information provider, User, or other user not under contract with us.

We neither endorse nor are responsible for the accuracy or reliability of any opinion, advice or statement made on our websites by anyone other than our authorized employee spokespersons while acting in their official capacities. Under no circumstances will we be liable for any loss or damage caused by a User's reliance on information obtained through our website or services. It is the responsibility of User to evaluate the accuracy, completeness or usefulness of any information, opinion, advice or other content available through our network. Please seek the advice of professionals, as appropriate, regarding the evaluation of any specific information, opinion, advice or other content.


Unsolicited Idea Submission Policy

WE OR ANY OF OUR EMPLOYEES DO NOT ACCEPT OR CONSIDER UNSOLICITED IDEAS, INCLUDING IDEAS FOR NEW ADVERTISING CAMPAIGNS, NEW PROMOTIONS, NEW PRODUCTS OR TECHNOLOGIES, PROCESSES, MATERIALS, MARKETING PLANS OR NEW PRODUCT NAMES. PLEASE DO NOT SEND ANY ORIGINAL CREATIVE ARTWORK, SAMPLES, DEMOS, OR OTHER WORKS. THE SOLE PURPOSE OF THIS POLICY IS TO AVOID POTENTIAL MISUNDERSTANDINGS OR DISPUTES WHEN OUR PRODUCTS OR MARKETING STRATEGIES MIGHT SEEM SIMILAR TO IDEAS SUBMITTED TO OUR WEBSITE. PLEASE DO NOT SEND YOUR UNSOLICITED IDEAS TO US OR ANYONE AT IBUYTRADER PTY LTD. IF, DESPITE OUR REQUEST THAT YOU NOT SEND US YOUR IDEAS AND MATERIALS, YOU STILL SEND THEM, PLEASE UNDERSTAND THAT WE MAKES NO ASSURANCES THAT YOUR IDEAS AND MATERIALS WILL BE TREATED AS CONFIDENTIAL OR PROPRIETARY.


Monitoring

We shall have the right, but not the obligation, to monitor all content on our websites, including chat rooms and forums, to determine compliance with this Agreement and any operating rules established by us and to satisfy any law, regulation or authorized government request. We shall have the right at our sole discretion to edit, refuse to post or remove any material submitted to or posted on our websites. Without limiting the foregoing, we shall have the right to remove any material that we, at our sole discretion, find to be in violation of the provisions hereof or otherwise objectionable.


Security of Information

Unfortunately, no data transmission over the Internet can be guaranteed as totally secure. Whilst we strive to protect such information, we do not warrant and cannot ensure the security of any information which you transmit to us. Accordingly, any information which you transmit to us is transmitted at your own risk. Nevertheless, once we receive your transmission, we will take reasonable steps to preserve the security of such information.


Termination of Access

Access to this website may be terminated at any time by us without notice. Our Terms or Use and Disclaimer will nevertheless survive any such termination.

We may at any time and without notice terminate this Agreement and cease to provide access to the Online Auction System.

Any termination of this Agreement by the user does not release the user from, or affect, any accrued obligation under this Agreement.

We may, at our sole discretion, terminate or suspend your access to all or part of the our website, including, but not limited to any bulletin boards on our site, for any reason, including without limitation, breach of this agreement.

In the event this agreement is terminated, the restrictions regarding materials appearing on the site and the representations and warranties, indemnities, and limitation of liabilities set forth in this agreement shall survive any such termination.

This Agreement forms part of the Terms of Use and other Policies for our website which is advertised in our “Help Centre “, between the parties. This Agreement may only be amended by a written amendment signed by authorized representative of both of the parties.


Jurisdiction / Governing Law

This website is hosted on a server in the state of New South Wales, Australia. These terms of use and conditions and all other policies and agreements posted on our website are governed by the laws in force in the State of New South Wales, Australia.

This Agreement shall be governed by and construed in accordance with the laws of the New South Wales exclusive of its choice of law principles. The New South Wales courts shall have exclusive jurisdiction and venue over any dispute arising out of or relating to this Agreement, and each party hereby consents to the jurisdiction and venue of such courts.


GeneralLaw

The law governing the interpretation and enforcement of these terms of use and conditions and all other policies and agreements posted on our website including all substantive rights and obligations hereunder and the manner mode and method of performance is governed by the applicable law of the State in which the sale completion transaction takes place.

All rights and remedies available to the parties against each other under the general law are subject to these terms of use and conditions and all other policies and agreements posted on our website.

If any of the conditions in these terms of use and conditions and all other policies and agreements posted on our website is to any extent held by any court of competent jurisdiction to be invalid or unenforceable, the remaining conditions will not be affected thereby, and will remain in full force and effect.


General Provisions / Miscellaneous

If any provision of this agreement is deemed void, unlawful or otherwise unenforceable for any reason, that provision shall be severed from this agreement and the remaining provisions of this agreement shall remain in force. This contains the entire agreement between you and us concerning your use of the site, and the agreement shall not be modified, except in writing, signed by both parties.

If you have questions regarding our Terms of Use and Conditions and or all other policies posted on this website, please Contact Us

We may in its absolute discretion amend , modify or make any changes to this agreement and such changes to this agreement will be absolute and binding on you once they have been published on our website.

We reserve all rights that are not expressly granted.

If any provision in this agreement is invalid, illegal or unenforceable in any respect such invalid, illegal or unenforceable provision is to be severed from this agreement and the remaining terms apply.

This Agreement and any operating rules established by us constitute the entire agreement of the parties with respect to the subject matter hereof, and supersede all previous written or oral agreements between the parties with respect to such subject matter. This Agreement shall be construed in accordance with the laws of the New South Wales, Australia, without regard to its conflict of laws rules. No waiver by either party of any breach or default hereunder shall be deemed to be a waiver of any preceding or subsequent breach or default. The section headings used herein are for convenience only and shall not be given any legal import.


ANTI-SPAM POLICY

This sets forth our policy with regard to the use of “Spam” marketing techniques in connection with Internet Marketing. In the event that we deem you to be in violation of these policies, we shall immediately revoke your membership rights and close any active account.

We have a strict policy against spamming. We forbid the sending of unsolicited mass Emails or unsolicited Emails of any kind in connection with the marketing of our programs, products and services.

We reserve the right to terminate your account and participation in our programs “for cause” if we deem you to be in violation of our anti-spamming policies. We also reserve the right to suspend your account and participation pending review upon receipt of any complaint or other evidence that you may be engaging in any spamming activity.

We consider spamming to be any activity whereby you directly or indirectly transmit email messages to any email address that has not solicited such email and does not consent to such transmission. We also consider spamming to constitute posting advertisements in newsgroups in violation of the terms of participation in such newsgroup that are off topic, or in newsgroups that do not specifically permit advertisements. We also consider it spamming when advertisements are placed on message boards or in chat rooms when they are not permitted by the terms of participation in such message boards and chat rooms.

If you are "spammed" by anyone regarding our products, services, website, or any other matters, please report this activity to spam@resalecentre.com.au


Privacy Policy

We deal with information privacy in accordance with the Privacy Act 1988 (Cth) and the National Privacy Principles set out in the Privacy Act.

This Privacy Policy sets out our policies in relation to management of personal information.

We undertake to comply with the terms of our privacy policy.

We will not sell or give away Name, mail address, phone number, email address or any other information to anyone, unless required by law to do so. We use state-of-the-art security measures to protect your information from unauthorized users.

By accessing and using our websites you acknowledge that you have read, understand and accept the terms of our Privacy Policy!


1. Notice

We will ask you when we need information that personally identifies you (personal information) or allows us to contact you. Generally, this information is requested when you create a Registration ID on the site or when you download free software, enter a contest, order email newsletters or join a limited-access premium site. We use your Personal Information for four primary purposes:


2. Consent

If you choose not to register or provide personal information, you can still use most of Ibuytrader Pty Ltd. But you will not be able to access areas that require registration.

If you decide to register, you will receive offers regarding Ibuytrader Pty Ltd. products, programs, events, or services by email, postal mail, or telephone; you may select the option stating that you do not wish to receive marketing messages from our online network. By logging into your account, and selecting the option do not send marketing material only alerts to receive updates regarding your account and services.

Ibuytrader Pty Ltd. occasionally allows other companies to offer our registered customers information about their products and services. If you do not want to receive these offers, you may select the option stating that you do not wish to receive marketing materials from third parties.


3. Access

We will provide you with the means to ensure that your personal information is correct and current. You may review and update this information at any time at the My Account pages. There, you can:


4. Security

Ibuytrader Pty Ltd. has taken strong measures to protect the security of your personal information and to ensure that your choices for its intended use are honored. We take strong precautions to protect your data from loss, misuse, unauthorized access or disclosure, alteration, or destruction.

Ibuytrader Pty Ltd. strictly protects the security of your personal information and honors your choices for its intended use. We carefully protect your data from loss, misuse, unauthorized access or disclosure, alteration, or destruction.

Your personal information is never shared outside the company without your permission, except under conditions explained above. Inside the company, data is stored in password-controlled servers with limited access. Your information may be stored and processed in Australia or any other country where Ibuytrader Pty Ltd. and its subsidiaries, affiliates or agents are located.

You also have a significant role in protecting your information. No one can see or edit your personal information without knowing your user name and password, so do not share these with others.


5. Notice To Parents

Parents or guardians: we want to help you guard your children's privacy. We encourage you to talk to your children about safe and responsible use of their Personal Information while using the Internet.

The Ibuytrader Pty Ltd. sites does not publish content that is targeted to children.


6. Enforcement

If for some reason you believe Ibuytrader Pty Ltd. has not adhered to these principles, please notify us by email at privacy@resalecentre.com.au, and we will do our best to determine and correct the problem promptly. Be certain the words Privacy Policy are in the Subject line.


7. Customer Profiles

As mentioned above, every registered customer has a unique personal profile. Each profile is assigned a unique personal identification number, which helps us ensure that only you can access your profile.

When you register, we create your profile, assign a personal identification number, then send this personal identification number back to your hard drive in the form of a cookie, which is a very small bit of code. This code is uniquely yours. It is your passport to seamless travel across our site allowing you to download free software, order free newsletters, and visit premium sites without having to fill out registration forms with information you have already provided. Even if you switch computers, you won't have to re-register just use your Registration ID to identify yourself.

What we do with the information you share:

When you join us, you provide us with your contact information, including name and email address. We use this information to send you updates about your order, questionnaires to measure your satisfaction with our service and announcements about new and exciting services that we offer. When you order from us, we ask for your credit card number and billing address. We use this information only to bill you for the product(s) you order at that time. For your convenience, we do save billing information in case you want to order from us again, but we don't use this information again without your permission.

We occasionally hire other companies to provide limited services on our behalf, including packaging, mailing and delivering purchases, answering customer questions about products or services, sending postal mail and processing event registration. We will only provide those companies the information they need to deliver the service, and they are prohibited from using that information for any other purpose.

Ibuytrader Pty Ltd. will disclose your personal information, without notice, only if required to do so by law or in the good faith belief that such action is necessary to: (a) conform to the edicts of the law or comply with legal process served on Ibuytrader Pty Ltd. or the site; (b) protect and defend the rights or property of Ibuytrader Pty Ltd. and its family of Websites, and, (c) act in urgent circumstances to protect the personal safety of users of Ibuytrader Pty Ltd. and its Websites, or the public.


Cookie Policy

Our privacy and cookie policy sets out how we use and protect any information that you give us when you use this website. We are committed to ensuring that your privacy is protected. If we ask you to provide certain information by which you can be identified when using this website; you can be assured that it will only be used in accordance with our privacy and cookie policies.

By accessing and using our websites you acknowledge that you have read, understand and accept the terms of our Cookie Policy.


1. What we collect

We may collect the following information:


2. How we use cookies

A cookie is a small file which asks permission to be placed on your computer's hard drive. Once you agree, the file is added and the cookie helps analyse web traffic or lets you know when you visit a particular site. Cookies allow web applications to respond to you as an individual. The web application can tailor its operations to your needs, likes and dislikes by gathering and remembering information about your preferences.

We use traffic log cookies to identify which pages are being used. This helps us analyse data about web page traffic and improve our website in order to tailor it to customer needs. We only use this information for statistical analysis purposes and then the data is removed from the system.

Overall, cookies help us provide you with a better website, by enabling us to monitor which pages you find useful and which you do not. A cookie in no way gives us access to your computer or any information about you, other than the data you choose to share with us. You can choose to accept or decline cookies. Most web browsers automatically accept cookies, but you can usually modify your browser setting to decline cookies if you prefer. This may prevent you from taking full advantage of the website.


3. List of cookies we collect

The table below lists the cookies we collect and what information they store.

COOKIE Name COOKIE Description
CART The association with your shopping cart.
CATEGORY_INFO Stores the category info on the page, that allows to display pages more quickly.
COMPARE The items that you have in the Compare Products list.
CURRENCY Your preferred currency.
CUSTOMER An encrypted version of your customer id with the store.
CUSTOMER_AUTH An indicator if you are currently logged into the store.
CUSTOMER_INFO An encrypted version of the customer group you belong to.
CUSTOMER_SEGMENT_IDS Stores the Customer Segment ID.
EXTERNAL_NO_CACHE A flag, which indicates whether caching is disabled or not.
FRONTEND You sesssion ID on the server.
GUEST-VIEW Allows guests to edit their orders.
LAST_CATEGORY The last category you visited.
LAST_PRODUCT The most recent product you have viewed.
NEWMESSAGE Indicates whether a new message has been received.
NO_CACHE Indicates whether it is allowed to use cache.
PERSISTENT_SHOPPING_CART A link to information about your cart and viewing history if you have asked the site.
POLL The ID of any polls you have recently voted in.
POLLN Information on what polls you have voted on.
RECENTLYCOMPARED The items that you have recently compared.
STF Information on products you have emailed to friends.
STORE The store view or language you have selected.
USER_ALLOWED_SAVE_COOKIE Indicates whether a customer allowed to use cookies.
VIEWED_PRODUCT_IDS The products that you have recently viewed.
WISHLIST An encrypted list of products added to your Wishlist.
WISHLIST_CNT The number of items in your Wishlist.

Accessing our Website

By accessing our website you acknowledge that you have read, understood and accept to be legally bound by terms of use and conditions and all other policies and agreements posted on our website.


ACKNOWLEDGMENT

This Agreement represents the entire understanding between you and us regarding your relationship to Online and This Agreement forms part of the Terms of Use and other Policies for our website which is advertised in our “Help Centre”, between the parties. This Agreement may only be amended by a written amendment signed by authorized representative of both of the parties.

IF YOU CLICK THE “I AGREE” BUTTON UPON REGISTRATION THEN YOU WILL BE BOUND BY THE TERMS OF OUR ONLINE AGREEMENTS.

If you don’t click on “I Agree” then you will not be able to sell any goods or services on our websites.