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Terms and Conditions

Applicability

These Austree Classifieds Terms of Use (the “Classifieds Terms”) supplement the Terms of Use (“General Terms”), Privacy Statement and Copyright Notice (collectively, the “General Terms”) posted elsewhere on austree.com.au. These Classifieds Terms apply to austree.com.au and any related mobile sites and applications (respectively the “Sites”). You should review the General Terms before proceeding.

Acceptance Through Use

By posting or viewing a classified advertisement on the Sites (an “Ad”, “Ads” or Online  Auction), you agree to be bound by all of the terms, conditions and notices contained or referenced in these Classified Terms. You should review the Classified Terms from time to time. Austree. (“Operator”) may change any of the Classified Terms at any time and for any or no reason by posting revisions to the Sites. Your continued use of the Sites constitutes your acceptance of the revised Classified Terms. If you do not accept all of the Classified Terms, you are not authorized by Operator to post or view any Ads or Online  Auctions.

Minimum Age

The Austree Classifieds section of the Sites is not directed to, or intended for use by, anyone under the age of eighteen (18). Individuals under the age of eighteen (18) are not authorized by Operator to post or view Ads or online Auctions.

Posting Rules

You must comply with the following rules when posting an Ad or online Auctions:

  1. Single Account. Any person above the age of eighteen (18) is allowed one Austree Classifieds account. Any Business (defined as any corporation, dealer, sole-proprietor or other entity that regularly offers goods or services for sale, regardless of whether operating from a commercial location, home or online) is allowed one Austree Classifieds account. If an Individual (defined as any person offering items for free, sale, or trade by owner) or Business is using multiple accounts, all additional accounts and listings will be deleted. If your account is permanently banned, you may not create another account on the Sites.
  2. Multiple Listing Accounts. A Business paying to list multiple Ads on the Sites are bound by the General Terms of the Sites. A paying Business may only list its products from its paid account. Ads placed from multiple accounts to subvert any of these Classifieds Terms will be removed and the accounts banned without warning.
  3. Business Identification. A Business MUST select the appropriate business/dealer option when placing the Ad.
  4. Dealer Identification. Dealers of all types that place Ads on the Sites must include their dealer number in the Ad as required by law. “Dealers” include, but are not limited to automobile dealers, motorcycle dealers, ATV dealers, recreational vehicle dealers, snowmobile dealers, livestock dealers, realtors and brokers.
  5. Contact Information. A working phone number is required to post any Ads.
  6. Content. All Ads must be in good position and may not contain any objectionable content, as determined by Operator in its sole discretion. Ads for Work from home are prohibited. Ads for adult goods or services & Restricted Drugs and Chemicals are prohibited. Multiple Ads for the same products or services or copy ads are not premitted. All Ads must be for goods or services that are permitted under Australian law. You are responsible for the content of your Ad or online Auctions. Ads may not contain, in Operator’s sole discretion, information of a religious, political or non-commercial nature.
  7. Description. The title you select for your Ad must be concise and limited to the specific goods offered for sale. You may not list multiple brands, makes, models or locations in the title of your Ad as a means to generate unwarranted search results.
  8. Use Only One (1) Category and One (1) Sub-category. Except as authorized by the Operator you may not post the same Ad in more than one (1) category and one (1) sub-category. If no category and sub-category fits the goods you are selling, do not post an Ad.
  9. Reposting. Except as authorized by the Operator you must wait at least Four (4) days before reposting an Ad for the same or substantially similar goods. Contact the Operator for the information about available refresh packages.
  10. Service Ads. Ads for services (defined as an intangible commodity or activity) must be posted in Austree Local Area. All Ads posted in Austree Local are subject to the Austree Local Review Guidelines and Terms of Use.
  11. Free Category. Ads placed in the Free category on the Sites must be for goods that do not require a commitment or obligation of any type. Goods that are provided after sign-up or upon completion of a task are not free and should not be placed in the Free category.
  12. Ad Price/Auction Ads. The price field on each Ad must be the total selling price of the item; this means the price a person is expected to pay at the time of purchase (Service Ads in Austree Local do not require a posted price). You may list additional payment information (such as monthly payments allowed, etc.) in the Ad description.  We allow auction Ads on the Sites. All auction Ads must have a “buy it now” price in the Ad price field.  The “buy it now” price must be what the user is expected to pay for the item instead of bidding for the item at an auction.  Ads without a reasonable total selling price will be deleted without notification.
  13. Featured Ads. Featured Ads are bound by the same terms as contained herein. Not withstanding, Operator may establish general practices, policies, and limits which may or may not be published, concerning the use of Featured Ads.
  14. Incorrect information. Posting your Ads or Auctions with incorrect information or User/ Member Details may lead in violating terms and conditions of posting Ads and Operator has full rights to remove these Ads and even ban the member for not following rules.
  15. Consumer Act. The supplying of the goods or services to you, the replacement of the goods, or the payment of the cost of having the goods or services supplied to you is the responsibility of the merchant from whom you purchased the goods or services. Austree has nothing to do with it.

Real Property/Homes

Ads posted in the Homes vertical and/or Other Real Estate category on the Sites are subject to the following additional rules:

  1. Realtor/Broker Identification. Ads posted by or on behalf of realtors or brokers must include the identity of the realtor or broker listing the property.

Employment/Recruitment

Employment Ads posted in the Jobs vertical on the Sites are subject to the following additional rules:

  1. Pricing. The current price for Featured Listings in classified Ad or an online Auctions is indicated on the ad placement form. Operator may change the pricing at any time without notice. Ads must be purchased in advance. Contact the Operator for bulk purchase/invoice options.
  2. Payment. Self-serve employment Ads and Self-serve Featured Ads must be paid by credit card. Payment will be processed by a third-party credit card payment processing company. The third-party credit card payment processing company will have its own terms and conditions concerning its services. Those terms and conditions will apply to you. You should review the terms and conditions of the third-party payment processing company before submitting payment for an Ad.

Violations

Operator may at its discretion monitor the Austree Classifieds portion of the Sites from time to time. Operator may remove or disable Ads that, in Operator’s sole discretion, violate the posting rules identified within these Classifieds Terms or which Operator considers objectionable or look Fraud. Operator may act to prevent anyone who violates these Classified Terms from posting or viewing Ads or online Auctions on the Sites and may block access to the Sites. Operator reserves all other rights and remedies, including monetary damages, available to it under the law for violations herein. Please report all violations using the link provided with each Ad.

No Commercial Solicitation

Businesses may not contact Individual Ad posters to solicit commercial services or products.

No Representations

Operator is not involved in the actual transaction between an advertiser posting an Ad or online Auction for goods, services, offers, etc. and the consumer responding to the Ad. Operator does not have control over, and does not guarantee the quality, safety or legality of any of the goods, services, offers, etc. listed in Ads or Online Auction posted on the Sites. Operator does not make any representations or warranties concerning the ability of an advertiser to sell/promote the goods, services, offers, etc. listed in an Ad or online Auctions. Operator does not make any representations or warranties concerning the ability of a buyer to purchase any goods or services or that a seller and a buyer will actually complete a transaction. Operator has no control and makes no representations concerning the accuracy, reliability, completeness, or timeliness of any Ads or online Auctions. The Sites are provided “AS IS” and “AS AVAILABLE.”

Limitation of Liability

YOU SPECIFICALLY AGREE OPERTOR, NOR ITS OFFICERS, EMPLOYEES, OR AGENTS, WILL NOT BE LIABLE UNDER CONTRACT, TORT, STRICT LIABILITY, NEGLIGENCE OR ANY OTHER LEGAL THEORY FOR ANY INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, PUNITIVE OR COMPENSATORY DAMAGES (INCLUDING DAMAGES FOR LOST PROFITS), WHETHER OR NOT YOU OR OPERATOR WAS AWARE OF THE POSSIBILITY OF SUCH DAMAGES WITH RESPECT TO THE SITES, INCLUDING BUT NOT LIMITED TO: (A) THE USE OR INABILITY TO USE THE SITES; (B) THE COST OF ANY GOODS AND/OR SERVICES PURCHASED OR OBTAINED AS A RESULT OF THE USE OF THE SITES; (C) STATEMENTS OR CONDUCT OF ANY PARTY IN CONNECTION WITH OR THROUGH THE SITES; (D) ANY OTHER MATTER RELATING TO THE SITES; (E) ANY BREACH OF THESE TERMS OF USE BY OPERATOR; OR (F) ANY OTHER DEALINGS OR INTERACTIONS YOU HAVE WITH ANY INDIVIDUAL OR BUSINESS RELATED TO THE SITE (OR ANY OF THEIR REPRESETNATIVES OR AGENTS). TO THE EXTENT OPERATOR IS FOUND LIABLE FOR ANY DIRECT DAMAGES RELATED TO THESE TERMS OF USE OR THE USE OF THE SITE AND SERVICES, LIABILTY FOR DAMAGES SHALL NOT EXCEED $50 IN THE AGGREGATE.

Indemnification

You agree to indemnify and hold harmless the Operator, and its successors and assigns, from and against any and all costs, damages, whether such damages are direct or consequential, and expenses and fees, including reasonable attorneys’ fees, incurred as a result of any claim, action, proceeding, or demand arising from any content or review posted by you, your use of the Sites or your breach of these terms.

No Promise of Results

Operator does not represent or warrant that posting free, paid Ads or online Auctions will result in a successful response or transaction. You acknowledge that the Sites may not be accessible at all times, including during periods when an Ad is scheduled for display. You use the Sites at your own risk and without recourse to Operator if your Ad does not appear as scheduled, regardless of reason. Operator does not warrant that the Sites will operate error-free or that the Operator’s servers are free from computer viruses or other harmful mechanisms. Operator is not responsible for servicing or replacing any equipment or data from the use of the Sites. The Site is provided as is, without any warranties of any kind. Operator disclaims all warranties, whether express or implied, including the warranty of merchantability, fitness for a particular purpose and non-infringement.

Notice of Risk

Please note that there are risks, including but not limited to the risk of physical harm, of dealing with strangers, underage persons, or people acting under false pretences. You assume all risks associated with dealing with other users with whom you come in contact through the Sites.

Claims

You agree (1) any claim, cause of action or dispute (“Claim”) arising out of or related to these Classified Terms or your use of the Sites is governed by Australian law regardless of your location or any conflict or choice of law principle; (2) Claims must be resolved exclusively by state or federal court in NSW, Australia (except we may seek injunctive remedy anywhere); and (3) to submit to personal jurisdiction of said courts.