ACCEPTANCE OF TERMS
Welcome to Garage Sales Network Australia. Garage Sales Network Australia provides its service to you, subject to the following Terms of Service ("TOS"), which may be updated by us from time to time without notice to you. In addition, when using particular Garage Sales Network Australia services, you and Garage Sales Network Australia shall be subject to any posted guidelines or rules applicable to such services, which may be posted from time to time. All such guidelines or rules are hereby incorporated by reference into the TOS.
To encourage a positive experience when visiting our website, we encourage you to contact us if you see a listing that violates the rules below. Simply go to http://garagesales.com.au/support/contact.php
DESCRIPTION OF SERVICE
Garage Sales Network Australia currently provides it's website visitors the opportunity to find items for sale at garage sales, information relating to garage sales and the ability to promote/advertise a garage sale.
Unless explicitly stated otherwise, any new features included on the current website, including any new services, shall be subject to the TOS. You understand and agree that the service is provided in its present condition and that Garage Sales Network Australia assumes no responsibility for the timeliness, deletion, mis-delivery or failure to store any user communications or personalisation settings.
YOUR REGISTRATION OBLIGATIONS
In consideration of your use of the advertising service, you agree to:
Provide true, accurate, current and complete information about yourself as as required when purchasing your advertising space via credit card; and
In particular, you must provide your real name and email address.
If you provide any information that is untrue, inaccurate, not current or incomplete, or Garage Sales Network Australia has reasonable grounds to suspect that such information is untrue, inaccurate, not current or incomplete, Garage Sales Network Australia has the right to suspend or terminate your account and refuse any and all current or future use of the advertising service (or any portion thereof).
In general, Garage Sales Network Australia will not share any of your user information with other parties.
VISITOR AND ADVERTISER CONDUCT
You understand that all information, data, text, software, music, sound, photographs, graphics, video, messages or other materials ("Content"), whether publicly posted or privately transmitted, are the sole responsibility of the person from which such Content originated. This means that you, and not Garage Sales Network Australia, are entirely responsible for all Content that you upload, post, email or otherwise transmit via the website. Garage Sales Network Australia does not control the advertised Content posted via the website and, as such, does not guarantee the accuracy, integrity or quality of such Content.
You understand that by using the Service, you may be exposed to Content that is offensive, indecent or objectionable. Under no circumstances will Garage Sales Network Australia be liable in any way for any Content, including, but not limited to, for any errors or omissions in any Content, or for any loss or damage of any kind incurred as a result of the use of any Content posted, emailed or otherwise transmitted via the website.
You agree to not use the advertising service to:
Upload, post, email or otherwise transmit any Content that is unlawful, harmful, threatening, abusive, harassing, tortious, defamatory, vulgar, obscene, libelous, invasive of another's privacy, hateful, or racially, sexually, ethnically or otherwise objectionable or vilifying; harm minors in any way;
Impersonate any person or entity, including, but not limited to, a Garage Sales Network Australia employee, official, or otherwise misrepresent your affiliation with a person or entity;
Forge headers or otherwise manipulate identifiers in order to disguise the origin of any Content transmitted through the Service;
Upload, post, email or otherwise transmit any Content that you do not have a right to transmit under any law or under contractual or fiduciary relationships (such as inside information, proprietary and confidential information learned or disclosed as part of employment relationships or under nondisclosure agreements);
Upload, post, email or otherwise transmit any Content that infringes any patent, trademark, trade secret, copyright or other proprietary rights ("Rights") of any party;
Upload, post, email or otherwise transmit any unsolicited or unauthorised advertising, promotional materials, "junk mail," "spam," "chain letters," "pyramid schemes," or any other form of solicitation,
Upload, post, email or otherwise transmit any material that contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment;
Interfere with or disrupt the Service or servers or networks connected to the Service, or disobey any requirements, procedures, policies or regulations of networks connected to the Service;
Intentionally or unintentionally violate any applicable local, state, national or international law,
"Stalk" or otherwise harass another; or collect or store personal data about other users.
You acknowledge that Garage Sales Network Australia does not pre-screen Content, but that Garage Sales Network Australia and its designees shall have the right (but not the obligation) in their sole discretion to refuse or move any Content that is available via the website.
Without limiting the foregoing, Garage Sales Network Australia and its designees shall have the right to remove any Content that violates the TOS or is otherwise objectionable.
You agree that you must evaluate, and bear all risks associated with, the use of any Content, including any reliance on the accuracy, completeness, or usefulness of such Content. In this regard, you acknowledge that you may not rely on any Content created by Garage Sales Network Australia or submitted to Garage Sales Network Australia.
You acknowledge and agree that Garage Sales Network Australia may preserve Content and may also disclose Content if required to do so by law or in the good faith belief
that such preservation or disclosure is reasonably necessary to: (a) comply with legal process; (b) enforce the TOS; (c) respond to claims that any Content violates the rights of third-parties; or (d) protect the rights, property, or personal safety of Garage Sales Network Australia, its users and the public.
You understand that the technical processing and transmission of the advertising service, including your Content, may involve: (a) transmissions over various networks; and (b) changes to conform and adapt to technical requirements of connecting networks or devices.
SPECIAL ADMONITIONS FOR INTERNATIONAL USE
Recognising the global nature of the Internet, you agree to comply with all local rules regarding online conduct and acceptable Content. Specifically, you agree to comply with all applicable laws regarding the transmission of technical data exported from the Australia, New Zealand or the country in which you reside.
PUBLIC CONTENT POSTED TO GARAGE SALES NETWORK AUSTRALIA
For purposes of the TOS, "publicly accessible areas of the Service" are those accessible by the general public. By way of example, a publicly accessible area of the Service would include public content on Garage Sales Network Australia, http://garagesales.com.au.
With respect to Content you elect to post for inclusion in publicly accessible areas of the Garage Sales Network Australia website,you grant Garage Sales Network Australia the world-wide, royalty free and non-exclusive license to reproduce, modify, adapt and publish such Content on the Service solely for the purpose of displaying, distributing and promoting the specific Content was submitted.
This license exists only for as long as you elect to continue to include such Content on the Service and shall be terminated at the time you delete such Content from the Service.
With respect to all other Content you elect to post to the website, you grant Garage Sales Network Australia the royalty-free, perpetual, irrevocable, non-exclusive and fully sub licensable right and license to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, perform and display such Content (in whole or part) worldwide and/or to incorporate it in other works in any form, media, or technology now known or later developed.
INDEMNITY AND RELEASE
Garage Sales Network Australia has no control over the quality, safety, or legality of items advertised, and the truth or accuracy of the listings.
You agree to indemnify and hold Garage Sales Network Australia, and its subsidiaries, affiliates, officers, agents, co-branders or other partners, and employees, harmless from any claim or demand, including reasonable lawyers and any other legal fees, made by any third party due to or arising out of Content you submit, post to or transmit through the website, your use of the website, your connection to the website, your violation of the TOS, or your violation of any rights of another.
NO RESALE OF SERVICE
You agree not to reproduce, duplicate, copy, sell, resell or exploit for any commercial purposes, any portion of the service and website, use of the service and website, or access to the service and website.
GENERAL PRACTICES REGARDING USE AND STORAGE
You acknowledge that Garage Sales Network Australia may establish general practices and limits concerning use of the Service
You further acknowledge that Garage Sales Network Australia reserves the right to change these general practices and limits at any time, in its sole discretion, with or without notice.
MODIFICATIONS TO SERVICE
Garage Sales Network Australia reserves the right at any time and from time to time to modify or discontinue, temporarily or permanently, the Service (or any part thereof) with or without notice. You agree that Garage Sales Network Australia shall not be liable to you or to any third party for any modification, suspension or discontinuance of the Service.
You agree that Garage Sales Network Australia, in its sole discretion, may terminate your account (or any part thereof) or use of the Service, and remove and discard any Content within the Service, for any reason, including, without limitation, if Garage Sales Network Australia believes that you have violated or acted inconsistently with the communication or character of the TOS. Garage Sales Network Australia may also in its sole discretion and at any time discontinue providing the Service, or any part thereof, with or without notice. You agree that any termination of your access to the Service under any provision of this TOS may be effected without prior notice, and acknowledge and agree that Garage Sales Network Australia may immediately deactivate or delete your account and all related information and files in your account and/or bar any further access to such files or the Service.
Further, you agree that Garage Sales Network Australia shall not be liable to you or any third-party for any termination of your access to the Service.
DEALINGS WITH ADVERTISERS
Your correspondence or business dealings with, or participation in promotions of, advertisers found on or through the Garage Sales Network Australia website, http://garagesales.com.au, including payment and delivery of related goods or services, and any other terms, conditions, warranties or representations associated with such dealings, are solely between you and such advertiser. You agree that Garage Sales Network Australia shall not be responsible or liable for any loss or damage of any sort incurred as the result of any such dealings or as the result of the presence of such advertisers on the Service.
The Garage Sales Network Australia website may provide, or third parties may provide, links to other World Wide Web sites or resources. Because Garage Sales Network Australia has no control over such sites and resources, you acknowledge and agree that Garage Sales Network Australia is not responsible for the availability of such external sites or resources, and does not endorse and is not responsible or liable for any Content, advertising, products, or other materials on or available from such sites or resources. You further acknowledge and agree that Garage Sales Network Australia shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any such Content, goods or services available on or through any such site or resource.
GARAGE SALES NETWORK AUSTRALIA'S PROPRIETARY RIGHTS
You acknowledge and agree that the Service and any necessary software used in connection with the Service ("Software") contain proprietary and confidential information that is protected by applicable intellectual property and other laws. You further acknowledge and agree that Content contained in sponsor advertisements or copyrights, trademarks, service marks, patents or other proprietary rights and laws protect information presented to you through the website or advertisers. Except as expressly authorized by Garage Sales Network Australia or advertisers, you agree not to modify, rent, lease, loan, sell, distribute or create derivative works based on the Service or the Software, in whole or in part.
DISCLAIMER OF WARRANTIES
You expressly understand and agree that:
Your use of the service is at your sole risk. The service is provided on an "as is" and "as available" basis. Garage Sales Network Australia expressly disclaims all warranties of any kind, whether express or implied, including, but not limited to the implied warranties of merchantability, fitness for a particular purpose and non-infringement;
Garage Sales Network Australia makes no warranty that: the service will meet your requirements; the service will be uninterrupted, timely, secure, or error-free; the results that may be obtained from the use of the service will be accurate or reliable; the quality of any products, services, information, or other material purchased or obtained by you through the service will meet your expectations; and any errors in the software will be corrected.
Any material downloaded or otherwise obtained through the use of the service is done at your own discretion and risk and that you will be solely responsible for any damage to your computer system or loss of data that results from the download of any such material. no advice or information, whether oral or written, obtained by you from Garage Sales Network Australia or through or from the service shall create any warranty not expressly stated in the TOS.
LIMITATION OF LIABILITY
You expressly understand and agree that Garage Sales Network Australia shall not be liable for any direct, indirect, incidental, special, consequential or exemplary damages, including but not limited to, damages for loss of profits, goodwill, use, data or other intangible losses (even if Garage Sales Network Australia has been advised of the possibility of such damages), resulting from:
The use or the inability to use the service;
The cost of procurement of substitute goods and services resulting from any goods, data, information or services purchased or obtained or messages received or transactions entered into through or from the service;
Unauthorised access to or alteration of your transmissions or data;
Statements or conduct of any third party on the service; or
Any other matter relating to the service.
If you are a resident of Australia, you agree that Garage Sales Network Australia's liability for any breach of a condition or warranty implied by Division 2 of Part v of the Trade Practices Act (other than a condition or warranty implied by section 69 of that Act) in respect of the service shall be limited as follows:
In the case of goods, to any one or more of the following (as Garage Sales Network Australia may determine): (1) the replacement of the goods or the supply of equivalent goods; (2) the repair of the goods; (3) the payment of the cost of replacing the goods or acquiring equivalent goods; or (4) the payment of the cost of having the goods repaired.
In the case of services, to one of the following (as Garage Sales Network Australia may determine): (1) the payment of the supplying of the services again; or (2) the cost of having the services supplied again, except as expressly provided elsewhere.
EXCLUSIONS AND LIMITATIONS
Some jurisdictions do not allow the exclusion of certain warranties or the limitation or exclusion of liability for incidental or consequential damages. Accordingly, some of the above limitations of sections 17 and 18 may not apply to you.
Notices to you may be made via either email or regular mail. The Service may also provide notices of changes to the TOS or other matters by displaying notices or links to notices to you generally on the Service.
Garage Sales Network Australia, the Garage Sales Network Australia logo, and any other Garage Sales Network Australia logos, product and service names are trademarks of Garage Sales Network Australia. Without Garage Sales Network Australia's prior permission, you agree not to display or use in any manner, the Garage Sales Network Australia Marks.
COPYRIGHTS AND COPYRIGHT AGENTS
Garage Sales Network Australia respects the intellectual property of others, and we ask our users to do the same.
The TOS constitute the entire agreement between you and Garage Sales Network Australia and govern your use of the Service, superseding any prior agreements between you and Garage Sales Network Australia. You also may be subject to additional terms and conditions that may apply when you use affiliate services, third-party content or third-party software. The TOS and the relationship between you and Garage Sales Network Australia shall be governed by the laws of the State of Victoria without regard to its conflict of law provisions. You and Garage Sales Network Australia agree to submit to the personal and exclusive jurisdiction of the courts located within the State of Victoria. The failure of Garage Sales Network Australia to exercise or enforce any right or provision of the TOS shall not constitute a waiver of such right or provision. If any provision of the TOS is found by a court of competent jurisdiction to be invalid, the parties nevertheless agree that the court should endeavour to give effect to the parties intentions as reflected in the provision, and the other provisions of the TOS remain in full force and effect. You agree that regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to use of the website Service or the TOS must be filed within one (1) year after such claim or cause of action arose or be forever barred.
There is no agency, partnership, joint venture, employee-employer or franchisor-franchisee relationship between Garage Sales Network Australia and any user of the website Service. Any notice to you or to us shall be made by either email or regula mail. We may also give notice of changes to these terms and conditions or other matters related to Garage Sales Network Australia via the website. You agree not to resell or assign your rights or obligations under these terms and conditions. You also agree not to make any unauthorised commercial use of the Service.
The section titles in the TOS are for convenience only and have no legal or contractual effect.
Please report any violations of the TOS to Garage Sales Network Australia to [email protected]