1

Introduction

1.1

Welcome to www.yourmarketplace.com.au (Your Market Place). By accessing Your Market Place you are agreeing to the following terms and conditions (Terms of Use), which are designed to facilitate the successful and safe operation of Your Market Place works. This policy is effective 1 May 2011 and may be modified at any time without notice.

1.2

By using Your Market Place you agree to be bound by the Terms of Use.

2

Using Your Market Place:

2.1

As a condition of your use of Your Market Place you agree that you will not:

2.2

Although we may review users’ postings, Your Market Place is not involved in the actual transactions between users. As most of the content on Your Market Place is created by the users, we do not guarantee, or are responsible for, the accuracy of postings or user communications or the quality, safety, or legality of what’s offered on the site.

2.3

In no event do we accept liability of any description for the posting of any unlawful, threatening, abusive, defamatory, obscene or indecent information, or material of any kind which violates or infringes upon the rights of any other person, including without limitation any transmissions constituting or encouraging conduct that would constitute a criminal offence, give rise to civil liability or otherwise violate any applicable law.

2.4

We cannot guarantee continuous, error-free or secure access to our services or that defects in the service will be corrected and do not provide any promises or warranties (express or implied) in respect of the services.

2.5

Accordingly, to the extent legally permitted we expressly disclaim all warranties, representations and conditions, express or implied, including those of quality, merchantability, merchantable quality, durability, fitness for a particular purpose and those arising by statute. We are not liable for any loss, whether of money (including profit), goodwill, or reputation, or any special, indirect, or consequential damages arising out of your use of Your Market Place, even if you advise us or we could reasonably foresee the possibility of any such damage occurring. Some jurisdictions do not allow the disclaimer of warranties or exclusion of damages, so such disclaimers and exclusions may not apply to you.

2.6

You are solely responsible for all information that you submit to Your Market Place and any consequences that may result from your post. We reserve the right at our absolute discretion to refuse or delete content that we believe is inappropriate or breaches these Terms of Use. We also reserve the right at our absolute discretion to restrict a user’s usage of the site either temporarily or permanently, or refuse a user’s registration. We will use reasonable endeavours to vet items that we consider to be potentially offensive or inappropriate. We do not however accept any liability for monitoring Your Market Place or for unauthorised or unlawful content on Your Market Place or use of Your Market Place by users.

3

Abusing Your Market Place:

3.1

Your Market Place and its community work together to keep the site working properly and the community safe. Please report problems, offensive content, misuse of the site and policy breaches to us by using the ‘contact us’ or by emailing info@yourmarketplace.com.au.

4

Fees and Services:

4.1

Using Your Market Place generally incurs an uploading fee depending upon the value of the item being uploaded or service purchased. If the service you use incurs a fee, you’ll be able to review and accept terms that at the time you post your advertisement. Our fees are quoted in Australian Dollars (unless otherwise stated), and we may change them from time to time. Any changes to our fee policy will be reflected in the relevant policy and will take effect from such time as these changes are uploaded. We reserve the right to temporarily change our fees for promotional events or new services; these changes are effective upon notification.

4.2

Our fees are non-refundable for business services fees or upload fees – for the latter, irrespective of whether an item is sold for the listing price or not. You must pay the uploading fee to list goods for sale on Your Market Place. If Your Market Place deems the item(s) inappropriate or illegal and the item is not published, then you will be refunded the seller fee.

4.3

In addition to these Terms of Use, if you accept or make a payment through the Your local buy and sell section of Your Market Place, you agree to be bound by the PayPal terms of use as amended from time to time.

5

Payment for goods and pick up

5.1

Your Market Place does not have any role in organising or facilitating payment for goods between the buyer and the seller on Your local buy and sell. Arranging payment is to be agreed between the buyer and seller, as is the delivery or pick up of the goods.

5.2

It is recommended, as for any second hand purchase, that the buyer inspect the goods prior to purchase and payment.

6

Content

6.1

Your Market Place contains content from us, you, and other users. You agree not to copy, distribute or modify content from Your Market Place without our express written consent. Without limiting the foregoing, you agree not to reproduce, copy, sell, resell, or exploit for any purposes any aspect of Your Market Place (other than your own content). When you give us content, you are granting us and representing that you have the right to grant us, a non-exclusive, worldwide, perpetual, irrevocable, royalty-free, sub-licensable right to exercise the copyright, publicity, and database rights to that content.

7

Infringement

7.1

You agree not to post content that infringes the rights of third parties. This includes, but is not limited to, content that infringes on intellectual property rights such as copyright and trademark (e.g. offering counterfeit items for sale). Entitled parties, in particular the owners of copyright, trademark rights or other rights owned by third parties can report any offers which many infringe on their rights, and submit a request for this offer to be removed.

8

Intellectual Property Infringement

8.1

If a user believes that any intellectual property rights have been infringed, they should contact Your Market Place with the following information:

9

Liability

9.1

Nothing in these terms shall limit our liability for fraudulent misrepresentation, for death or personal injury resulting from our negligence or the negligence of our agents or employees. You agree not to hold us responsible for things other users post or do.

10

Personal Information

10.1

By using Your Market Place, you agree to the collection, transfer, storage and use of your personal information by Your Market Place on servers located in Australia.

11

Resolution of disputes

11.1

If a dispute arises between you and Your Market Place, we strongly encourage you to first contact us directly to seek a resolution by going to the Your Market Place Help page. We will consider reasonable requests to resolve the dispute through alternative dispute resolution procedures, such as mediation or arbitration, as alternatives to litigation.

11.2

The law of Tasmania governs this Agreement. You will resolve any claim, cause of action or dispute you have with us arising out of or relating to these Terms of Use of Your Market Place in a court located in Hobart, Tasmania, Australia. You agree to submit to the non-exclusive jurisdiction of the courts of Tasmania and of the Commonwealth of Australia.

12

General

12.1

These terms and the other policies posted on Your Market Place constitute the entire agreement between Your Market Place and you, superseding any prior agreements.

12.2

We may update this agreement at any time without notice to you, with updates taking effect when you next post or seven days after we post the updated policy on the site, whichever is sooner. No other amendment to this agreement will be effective unless made in writing.

12.3

If any portion of these Terms of Use is found to be unenforceable, the remaining portion will remain in full force and effect.

12.4

If we fail to enforce any of aspect of these Terms of Use, it will not be considered a waiver.

12.5

Nothing in these Terms of Use shall prevent us from complying with the law.

12.6

You will comply with all applicable laws when using or accessing Your Market Place.