Terms and conditions of access and use
Part A - What are these terms and conditions about?
1. Accessing the Website. These terms and conditions set out the provisions that apply to any person wishing to access and use this website ("Website") & form a legally binding agreement between such user ("you") and the owner and operator of this website, Sale-Ezy.com Pty Ltd (ABN 44 126 608 697) ("Owner").
If you are accessing and/or using the Website, not as an individual, but as an employee or agent then your employer or principal is similarly bound and included in the expression "you" and its grammatical various forms.
The Website is available for you to:
a. Access conditional on your acceptance without alteration of the terms and conditions set out below/on this linked page. By continuing to access the Website you are agreeing to the terms and conditions set out below in Parts B and D.
b. Provide information about your property or service conditional on your acceptance without alteration of the terms and conditions set out below/on this linked page. By continuing to provide information about your product or service you are agreeing to the terms and conditions set out below in Parts C and D.
2. Registration. If you wish to bid for and possibly buy a property by using this website you must first register a My Sale Ezy account with the Owner by going to the registration ’sign up’ page and reading and specifically agreeing to the Bidding and Purchase Agreement by clicking "I agree" where indicated.
Part B - Use of content and information on the Website
1.Intellectual Property. Copyright in the works comprising this Website and its content is owned by the Owner and/or third parties. The Owner reserves all other intellectual property rights. The content and information provided on the Website is provided for personal use only and may not be:
a. re-sold and/or re-distributed in any material form;
b. stored in any storage media; and/or
c. re-transmitted in any media,
without the prior written consent of the Owner.
2. Prohibited Use. Except for the limited use set out in paragraph B3 you may not use the Website, or its content, for:
a. the reproduction, distribution or retransmission of the content in any form;
b. uploading and/or reposting the content to any other website;
c. "framing" the content on the Website with other content on any other website.
3. Permitted Use. You may download and/or print content from the Website for your personal non-commercial use provided you do not remove any copyright and trade mark notices.
4. Copying and Modifying. You may not copy or modify:
a. the look and feel of the Website; and
b. any computer software design and/or code contained in the Website, or replicate any of the functionality without explicit, written permission from the Owner.
5. Third Party Sites. The Website contains links or refers to websites owned and operated by third parties (each a "Third Party Site") as a convenience to you. The existence of those links or references does not imply any endorsement by the Owner of the Third Party Site. The Owner has no control or influence in respect of content and information contained on Third Party Sites.
6. No Warranty or Reliance. The Owner provides information, and makes the Website available for others to provide information, for general information purposes only without assuming a duty of care to users. The Owner is not in the business of providing professional advice and gives no warranty, guarantee or representation about the quality, accuracy, reliability, merchantability, fitness for any particular purpose or timeliness or otherwise, of the information contained on the Website and/or Third Party Sites. You must not rely on any statement contained in the Website or Third Party Site without taking specialist advice and making your own enquiries. While the Owner endeavours to ensure the accuracy and completeness of the information contained in the Website, it accepts no responsibility for any loss or damage you may suffer as a result or your reliance on any part of it.
a. Similarly, the Owner uses a recognised third party supplier to undertake initial ID validation, in addition to undertaking mystery ID checks and requiring presentation of picture ID. While the Owner endeavours to ensure the accuracy of identification, upon sale, vendors and buyers are accountable for confirming ID accuracy of the other party. The Owner accepts no responsibility for any loss or damage you may suffer as a result or your sole reliance on third party ID validation.
7. No Liability for Use. The Owner will not be liable under any circumstances for any loss of profits or any damages of any kind recognised by law (even if it has been advised of the possibility of such loss of profits or damages) which are the consequence of you:
a. acting, or failing to act, on any information contained on or referred to on the Website and/or any Third Party Site; and
b. using or acquiring, or your inability to use or acquire, any service or product contained or referred to on the Website and/or Third Party Site.
8. ID Numbers and Passwords. In particular, the safeguarding of your ID number and your password is entirely your responsibility and the Owner accepts no liability for loss or damage you suffer in connection with the misuse of your ID number and password, howsoever caused.
9. Viruses and Errors. The Owner does not warrant, guarantee or make any representation that:
a. the Website or any Third Party Site, or the servers that make them available are free of software viruses;
b. the functions effected by software contained on the Website or Third Party Sites will operate uninterrupted or are error-free; or
c. errors and defects in the Website or any Third Party Site or the software contained in them will be corrected in a timely manner or at all.
However, the Owner has gone to all reasonable lengths (in some cases beyond) to protect against and prevent such issues.
10. No Liability for Defects. The Owner is not liable to you for:
a. errors or omissions in the Website or any Third Party Site;
b. delays to, interruptions of or cessation of the services provided in the Website, or any Third Party Site including servers; and
c. defamatory, offensive or illegal conduct of any user of the Website or any Third Party Site,
whether caused through negligence of the Owner, its employees or independent contractors, or through any other cause.
11. Repairs. You agree to accept the full cost of any necessary repair, correction and maintenance of any of your computer software or hardware, which may be necessary as a consequence of you accessing the Website.
12. Limitation of Liability. The disclaimers and exclusions in these terms and conditions may not apply to you in jurisdictions in which limitations on or exclusions of warranties or liabilities are not permitted by law. To the full extent permitted by law the Owner's liability for any implied warranty or condition is limited, at the choice of the Owner, to one or more of the following:
If the breach of an implied warranty or condition relates to services:
a. the supply of the services again; or
b. the payment of the cost of having the services supplied again.
If the breach of an implied warranty or condition relates to goods:
c. the replacement of the goods or the supply of equivalent goods;
d. the repair of such goods;
e. the payment of the cost of replacing the goods or acquiring equivalent goods, or having the goods repaired.
Part C - Terms and conditions relating to the providing of information about your product or service for uploading on to the Website
1. Warranties of Uploaders. You represent and warrant in relation to any content and/or information you provide to the Website that:
a. you are authorised to provide the content and/or information;
b. the content and/or information is not defamatory or a malicious falsehood in relation to any product, service, person, corporation governmental agency or other legal entity ("person");
c. the content and/or information is not a "passing off" of any product or service and does not constitute unfair competition;
d. the content and/or information does not infringe any intellectual property right including, but not limited to, trade marks, service marks or business names (whether registered or unregistered), confidential information and copyright of any other person; and
e. the content and/or information does not infringe any legislation or regulations of the Commonwealth of Australia and the State of New South Wales including, but not limited to, the Trade Practices Act 1974 (Cth) and the Fair Trading Act 1987 (NSW) and equivalent state and territory legislation and any other parliament competent to legislate in relation to the Website or any law in any country where the content and/or information is or will be available electronically to users of this Website.
2. Licence. By uploading any content which is intellectual property including, but not limited to, copyrighted works, trade marks and service marks (the "intellectual property") on to the Website, you are granting the Owner a perpetual, non-exclusive and payment-free licence throughout the world to:
a. reproduce, use and exploit the intellectual property, as part of the Website, to the full extent permitted by intellectual property law in any jurisdiction in which the Website is available to users; and
b. allow the Owner to sub-license others the same rights granted to the Owner in (a) above.
3. Power to Remove. In relation to any content and/or information included on the Website, the Owner may remove any content and/or information, including but not limited to links to other sites on the WWW, at any time without giving any explanation or justification for removing the content and/or information.
4. Costs. The Owner and its respective officers, employees and agents have no liability for any costs, losses or damages of any kind, which you may incur, arising whether directly or indirectly from or in connection with your uploading of content onto or other use of the Website, which costs are entirely to your account. This applies in relation to or in connection with any content and/or information supplied in respect of advertising on this Website; and as a consequence of removing any content and/or information from this Website.
5. Indemnity. You will at all times indemnify and keep indemnified the Owner and its respective officers, employees and agents (in this paragraph referred to as "those indemnified") from and against any loss (including reasonable legal costs and expenses) or liability incurred by any of those indemnified arising from any claim, demand, suit, action or proceeding by any person against any of those indemnified where such loss or liability arose out of, in connection with or in respect of any breach of these terms and conditions by you; and publication of or distribution of the content and/or information supplied by you.
Part D - General
1. Termination of Access. The Owner may terminate access to the Website at any time without giving any explanation or justification for the termination of access, and the Owner has no liability for any costs, losses or damages of any kind arising as a consequence of terminating access to the Website.
2. Variation. The Owner reserves the right to change these terms and conditions:
a. with or without further notice to you; and
b. without giving you any explanation or justification for such change.
3. Severability. If any part of these terms and conditions is found to be void, unlawful, or unenforceable then that part will be deemed to be severable from the balance of these terms and conditions and the severed part will not affect the validity and enforceability of any remaining provisions.
4.Choice of Law. These terms and conditions will be governed by and interpreted in accordance with the law of New South Wales, without giving effect to any principles of conflicts of laws.
5.Jurisdiction. You agree to the jurisdiction of the courts of New South Wales to determine any dispute arising out of these terms and conditions.