THE FOLLOWING DESCRIBES THE TERMS ON WHICH SELECT AUSTRALIA OFFERS YOU ACCESS TO OUR SERVICES.
Welcome to Select’s ("Select") User Agreement. This Agreement describes the terms and conditions that govern your use of our services at www.selectaustralia.com.au (the "Site") and our general principles of our operation. If you have any questions, please contact us at email@example.com
We may amend this Agreement at any time in our discretion by posting the amended terms on our Site. Except as stated below, all amended terms shall automatically be effective 30 days after they are initially posted on our Site. If you do not agree with such changes, you must terminate your membership of Select. This Agreement may not be otherwise amended except in writing signed by you and Select. This agreement is effective on the earlier of your registration date and 1 January 2007.
1. Membership Eligibility
Certain aspects of the site are available only to, and may only be used by, individuals who can form legally binding contracts under applicable law. Without limiting the foregoing, such services are not available to persons under 18 years of age or to temporarily or indefinitely suspended Select members. If you do not qualify, please do not use those services.
2. Fees and Services
We may change our Fees and Credits Policy and the fees for our services from time to time. Our changes to the policy are effective after we provide you with at least fourteen (14) days' notice of the changes by posting the changes on the Site. However, we may choose to temporarily change our Fees and Credits Policy and the fees for our services for promotional events and such changes are effective when we post the temporary promotional event on the Site. We may in our sole discretion change some or all of our services at any time. In the event we introduce a new service, the fees for that service are effective at the launch of the service. Unless otherwise stated, all fees are quoted in Australian Dollars. You are responsible for paying all fees associated with using our service and our Site and all applicable taxes (including any goods and services or value added taxes, which will be added to amounts billed to you).
3. SELECT is not an Auctioneer
3.1 Online Auctions. Although we may provide an online auction at the Select site from time to time, it is important to realise that we are not a traditional "auctioneer". Instead, our Site may act as a venue to allow us or our members to offer, sell, and buy collectable items in a variety of formats, including a fixed price format and an auction-style format commonly referred to as an "online auction". Unless otherwise stated we are not involved in the actual transaction between buyers and sellers. As a result, we have no control over the quality, safety or legality of the items or content posted by users on the Site, the truth or accuracy of the listings, the ability of sellers to sell items or the ability of buyers to buy items. We cannot ensure and do not guarantee that a buyer or seller will actually complete a transaction or act lawfully in using our Site.
3.2 Safe Trading. Because user authentication on the Internet is difficult, Select cannot and does not confirm each user's purported identity.
3.3 Release. As we may not be involved in the actual transaction between buyers and sellers, in the event that you have a dispute with one or more users, you release Select (and our officers, directors, agents, affiliates, parents, subsidiaries and employees) from claims, demands and damages (actual, special, direct, indirect 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.
3.4 Information Control. We send you communications and notices regarding your transactions and your account on our Site. Our communications do not represent any endorsement, guarantee or legitimisation of your transactions. You are responsible for completing all transactions you participate in (including monitoring the status and complying with all relevant legal obligations). We do not control, endorse or approve the items, information or content provided by other users which is made available through our system. You may find other users' information to be offensive, harmful, inaccurate, or deceptive. Please use caution, common sense, and practice safe trading when using our Site. Please note that there are also risks of dealing with underage persons or people acting under false pretense. Additionally, there may also be risks with international trading and dealing with foreign nationals.
4. Bidding and Buying
You are obligated to complete the transaction with Select if you purchase an item through one of our fixed price formats or are the highest bidder as described below, unless the transaction is prohibited by law or this User Agreement. If you are the highest bidder at the end of an auction (meeting the applicable minimum bid or reserve requirements) and your bid is accepted by us or the seller, you are obligated to complete the transaction with us or the seller, unless the transaction is prohibited by law or by this Agreement. By bidding on an item you agree to be bound by the conditions of sale included in the item's description so long as those conditions of sale are not in violation of this Agreement or unlawful. Bids are not retractable except in exceptional circumstances such as when the seller materially changes the item's description after you bid, a clear typographical error is made, or you cannot authenticate the seller's identity.
5. Your Information
5.1 Definition. "Your Information" is defined as any information you provide to us or other users in the registration or bidding process, in any public message area or through any email feature. You are solely responsible for Your Information, and we act as a passive conduit for your online distribution and publication of Your Information.
5.2 Restrictions. Your Information must not:
- be false, inaccurate or misleading;
- infringe any third party's copyright, patent, trademark, trade secret or other proprietary rights or rights of publicity or privacy;
- violate any applicable law, statute, ordinance or regulation (including, but not limited to, those governing export control, consumer protection, unfair competition, criminal law, antidiscrimination or trade practices/fair trading laws);
- be defamatory, trade libelous, unlawfully threatening or unlawfully harassing;
- contain any content that may be considered to be prohibited or potentially prohibited content for the purposes of the Broadcasting Services Act 1992(Cth) (for more information about this legislation, please refer to the Internet Industry Association's Codes of Practice located at http://www.iia.net.au or http://www.aba.gov.au);
- contain any viruses, Trojan horses, worms, time bombs, cancelbots, easter eggs or other computer programming routines that may damage, modify, delete, detrimentally interfere with, surreptitiously intercept, access without authority or expropriate any system, data or personal information;
- create liability for us or cause us to lose (in whole or in part) the services of our ISPs or other suppliers.
6. Access and Interference
Our Site contains robot exclusion headers and you agree that you will not use any robot, spider, other automatic device, or manual process to monitor or copy our web pages or the content contained herein without our prior expressed written permission. You agree that you will not use any device, software or routine to bypass our robot exclusion headers, or to interfere or attempt to interfere with the proper working of our Site or any transaction being conducted through our Site. You agree that you will not take any action that imposes an unreasonable or disproportionately large load on our infrastructure. Much of the information on our Site is updated on a real time basis and is proprietary or is licensed to Select by our users or third parties. You agree that you will not copy, reproduce, alter, modify, create derivative works, or publicly display any content (except for Your Information) from our Site without the prior express written permission of Select or the appropriate third party authorised to grant such permission.
Without limiting other remedies available to Select at law, in equity or under this Agreement, we may, in our sole discretion, immediately issue a warning, temporarily suspend, indefinitely suspend or terminate your membership and refuse to provide our services to you if:
- we are unable to verify or authenticate any information you provide to us; or
- we believe that your actions may cause legal liability for you, our users or us.
9. No Warranty
9.1 WE AND OUR SUPPLIERS PROVIDE OUR WEB SITE AND SERVICES ON AN "AS IS" BASIS AND WITHOUT ANY WARRANTY OR CONDITION, EXPRESS, IMPLIED OR STATUTORY. TO THE EXTENT PERMITTED BY LAW, WE AND OUR SUPPLIERS SPECIFICALLY DISCLAIM ANY IMPLIED WARRANTIES OF TITLE, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. Furthermore we do not guarantee continuous, uninterrupted or secure access to our services, and operation of our Site may be interfered with by numerous factors outside our control.
9.2 To the extent that Select and all affiliates and related entities of Select are able to limit the remedies available under this Agreement, and subject to Clause 10 of this Agreement, Select and all affiliates and related entities of Select expressly limit their liability for breach of a non-excludable condition or warranty implied by virtue of any legislation to the following remedies (the choice of which is to be at Select 's sole discretion):
in the case of goods, any one or more of the following:
- the replacement of the goods or the supply of equivalent goods
- the repair of the goods;
- the payment of the cost of replacing the goods or of acquiring equivalent goods; or
- the payment of the cost of having the goods repaired; and
in the case of services:
- the supply of the services again; or
- the payment of the cost of having the services supplied again.
9.3 If you are a New Zealand resident and the New Zealand Consumer Guarantees Act 1993 applies to you, you agree that the provisions of the Consumer Guarantees Act 1993 will not apply to the supply of the Select services or these terms.
10. Liability Limit
10.1 IN NO EVENT SHALL WE, OUR AFFILIATES AND RELATED ENTITIES OR OUR SUPPLIERS BE LIABLE FOR LOST PROFITS OR ANY SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES ARISING OUT OF OR IN CONNECTION WITH OUR SITE, OUR SERVICES OR THIS AGREEMENT (HOWEVER ARISING, INCLUDING NEGLIGENCE). YOU AGREE TO ACCEPT SOLE RESPONSIBILITY FOR THE LEGALITY OF YOUR ACTIONS UNDER THE LAWS WHICH APPLY TO YOU. YOU AGREE THAT SELECT AND ALL AFFILIATES AND RELATED ENTITIES OF SELECT HAVE NO RESPONSIBILITY FOR THE LEGALITY OF OUR MEMBERS' ACTIONS. TO THE EXTENT PERMITTED BY LAW, OUR LIABILITY, AND THE LIABILITY OF OUR SUPPLIERS, TO YOU OR ANY THIRD PARTIES IN ANY CIRCUMSTANCE IS LIMITED TO THE GREATER OF:
- THE AMOUNT OF FEES YOU PAY TO US IN THE 12 MONTHS PRIOR TO THE ACTION GIVING RISE TO LIABILITY; AND
- AUD $100.00
10.2 Notwithstanding the above provisions, nothing in this Agreement is intended to limit or exclude any liability on the part of Select and its affiliates and related entities where and to the extent that applicable law prohibits such exclusion or limitation.
You agree to indemnify and hold us and (as applicable) our parent, subsidiaries, affiliates, officers, directors, agents, and employees, harmless from and against any claims, demands, proceedings, losses and damages (actual, special and consequential) of every kind and nature, known and unknown, including reasonable solicitors' fees, made by any third party due to or arising out of your breach of this Agreement or the terms and policies it incorporates by reference, or your violation of any law or the rights of a third party.
12. Legal Compliance
13. No Agency
You and Select are independent contractors, and no agency, partnership, joint venture, employee-employer or franchiser-franchisee relationship is intended or created by this Agreement.
Except as explicitly stated otherwise, any notices shall be given by registered ordinary post (or if posted to or from a place outside Australia, by registered airmail) or to the email address you provide to Select during the registration process (in your case). Alternatively, we may give you notice by certified airmail, postage prepaid and return receipt requested, to the address provided to Select during the registration process, or as updated by you as relevant. Any notice shall be deemed given (a) if sent by email, 24 hours after email is sent, unless the sending party is notified that the email address is invalid, (b) if sent by pre-paid post, three Business Days after the date of posting, and on the seventh Business Day if sent to or posted from outside Australia, and (c) if sent by facsimile transmission, on the Business Day the transmission is sent (as long as the sender has a confirmation report specifying the facsimile number listed above, the number of pages sent and the date of the transmission). For purposes of this section, "Business Day" means a day on which banks are open for general business in Melbourne, Victoria, other than a Saturday, Sunday or public holiday. Any notices to be sent to Select are to be sent to Select Australia Pty. Ltd. Unit 8, 53 Myoora Road, Terrey Hills, NSW, 2084.
Any controversy or claim arising out of or in connection with this Agreement may at our discretion be settled by binding arbitration by reference to a commercial disputes centre. You agree to be bound by the ruling arbitrator. The costs of the dispute are borne by the originator.
16. Additional Terms
The following documents are incorporated into this User Agreement by reference, and you agree to be bound by the terms and policies outlined in these documents. Any changes to the policies set out below will be notified on our Site.
16.2 We may change the Non-Paying Bidder Policy from time to time and our changes are effective after we provide you with notice of the changes by posting the changes on the Site.
This Agreement shall be governed in all respects by the laws of the State of Victoria, Australia. All members of this Site irrevocably submit to the non-exclusive jurisdiction of the courts of Victoria, Australia. The provisions of this Agreement are severable, and if any provision of this Agreement is held to be invalid or unenforceable, such provision may be removed and the remaining provisions shall be enforced. You agree that this Agreement and all incorporated agreements may be automatically assigned by Select, in our sole discretion, to a third party in the event of a merger or acquisition. Headings are for reference purposes only and in no way define, limit, construe or describe the scope or extent of such section. Our failure to act with respect to a breach by you or others does not waive our right to act with respect to subsequent or similar breaches. You agree that this Agreement may not be construed adversely against us solely because we prepared it. This Agreement and the terms and conditions incorporated herein set forth the entire understanding and agreement between us with respect to the subject matter hereof. Sections 2 (Fees and Services) with respect to fees owed for our services, 3.3 (Release), 5.3 (License), 6 (Access and Interference), 10 (Liability Limit), 11 (Indemnity) and 15 (Arbitration) shall survive any termination or expiration of this Agreement.
Disclosures The services hereunder are offered by Select Australia Pty. Ltd. located at Unit 8, 53 Myoora Road, Terrey Hills, NSW, 2084.
Commercially available parental control protections (such as computer hardware, software, or filtering services) are commercially available that may assist you in limiting access to material that is harmful to persons under the age of 18 years. If you are interested in learning more about these protections, information is available at http://www.worldvillage.com/wv/school/html/control.htm or other analogous sites providing information on such protections. The preceding link is provided for information purposes only, and is not intended as an endorsement of WorldVillage.com's Internet site, services, or policies. Select Australia is not affiliated with WorldVillage.com.