THE FOLLOWING DESCRIBES THE TERMS ON WHICH RENOVATE.COM.AU OFFERS YOU ACCESS TO OUR SERVICES.
The following sets out the Terms on which renovate.com.au offers you access to the renovate.com.au ("Site") and its services. By ticking the "I have read and agree to renovate.com.au’s User Agreement" checkbox, you accept the Terms and Conditions below.
Before proceeding to use our services, you should read this User Agreement carefully. If you find yourself unable to agree to them, then you must not use our web site. If, however, you agree to them unconditionally you will be given the opportunity to click the "I accept" checkbox during the registration process, and you will then be able to use our web site to which this User Agreement applies.
We may amend this Agreement at any time in our discretion by posting the amended terms on our Site. The fact that amendments have been made to the User Agreement will also be announced on the Member Forum located at http://www.renovate.com.au/forum/index.cfm 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 renovate.com.au This Agreement may not be otherwise amended except in writing signed by you and renovate.com.au
1. Membership Eligibility.
Our services are available only to, and may only be used by, individuals who can form legally binding contracts under applicable law. Without limiting the foregoing, our services are not available to persons under 18 years of age or to temporarily or indefinitely suspended renovate.com.au members. If you do not qualify, please do not use our services. Further, your renovate.com.au account (including feedback) and Username may not be transferred or sold to another party. Our services are also only available to Australian residents, currently residing in Australia.
2. Fees and Services.
Joining and bidding on items at renovate.com.au is free. When you create an auction listing you have will be charged a Listing Fee for the use of our services. Our Fees and Credits Policy is available at www.renovate.com.au.com.au/help/fees and is incorporated into this User Agreement by reference. 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 Forum. However, we may choose to temporarily change our Fees and Credits Policy and the fees for our services for promotional events (for example, free listing days) and such changes are effective when we post the temporary promotional event on the Forum. 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. Please Note: You cannot request that the buyer pay your renovate.com.au listing fee, however, you may wish to consider the listing fee when determining the minimum price of your item.
3. renovate.com.au is not an Auctioneer.
3.1 Online Auctions. It is important to realise that renovate.com.au is not a traditional "auctioneer". Instead, our Site acts as a venue to allow members to offer, sell, and buy just about any renovation materials, at anytime, from anywhere, via an auction-style format commonly referred to as an "online auction". 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, renovate.com.au cannot and does not confirm each user's purported identity. Thus, we have established a user-initiated feedback system to help you evaluate the user you are dealing with. We also encourage you to communicate directly with potential trading partners through the tools available on our Site. You may also wish to consider using a third party escrow service. See our Safe Trading Guidelines.
3.3 Release. Because we are not involved in the actual transaction between buyers and sellers, in the event that you have a dispute with one or more users, you release renovate.com.au (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. 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 the seller if you 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), you are obligated to complete the transaction with the seller, unless the item is listed in a category under the Prohibited Items List or 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 a clear typographical error is made, or you cannot authenticate the seller's identity.
5. Listing and Selling.
5.1 Listing Description. You must be legally able to sell the item(s) you list for sale on our Site. You must describe your item and all terms of sale on the ‘Create a Listing’ page of our Site. Your listings may only include text descriptions, graphics, pictures and other content relevant to the sale of that item. All listed items must be listed in the appropriate category.
5.2 Binding Bids. Except for items to which the Prohibited Items List applies, if you receive at least one bid at or above your starting price you are obligated to complete the transaction with the highest bidder upon the item's completion, unless there is an exceptional circumstance, such as:
- the buyer fails to meet the terms of your listing (such as payment method); or
- you cannot authenticate the buyer's identity.
5.3 Fraud. Without limiting any other remedies available to renovate.com.au at law, in equity or under this Agreement, renovate.com.au may, in its sole discretion, suspend or terminate your account if it is suspected that you (by conviction, settlement, insurance or escrow investigation, or otherwise in our sole discretion) have engaged in fraudulent activity in connection with our Site.
5.4 Manipulation. Neither you, nor any other bidders or sellers may manipulate the price of any item, nor may you interfere with other users’ items listed for sale.
6. Your Information.
6.1 Definition. "Your Information" is defined as any information you provide to us or other users in the registration, bidding or listing process, in any public message area or through any email feature. Your Information includes the descriptions of items you list for sale or display on our Site as well as any content you post on other web pages within our Site. You are solely responsible for Your Information, and we act as a passive conduit for your online distribution and publication of Your Information.
6.2 Restrictions. Your Information (including but not limited to any items listed) must not:
- be false, inaccurate or misleading;
- be fraudulent or involve the sale of counterfeit or stolen items;
- 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;
- be obscene or contain child pornography
- 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.acma.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; and
- link directly or indirectly to or include descriptions of goods or services that:
- are prohibited under this Agreement;
- are identical to other items you have up for auction but are priced lower than your item's starting bid amount;
- are concurrently listed for sale on a web site other than renovate.com.au's (this does not prevent linking to or advertising an renovate.com.au item from another web site); or
- you do not have a right to link to or include
Furthermore, you may not list any item on our Site (or complete any transaction that was initiated using our service) that, by paying to us the listing fee, could cause us to violate any applicable law, statute, ordinance or regulation, or that violates our current Prohibited Items list
7. Access and Interference.
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 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 renovate.com.au 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 renovate.com.au or the appropriate third party authorised to grant such permission.
You may not take any actions that may undermine the integrity of the feedback system.
8.1 Export. You acknowledge that your feedback consists of comments left by other users and a composite feedback number compiled by renovate.com.au, and that the composite number without the comments does not convey your full user profile. Because feedback ratings are not designed for any purpose other than for facilitating trading between renovate.com.au users, you agree that you shall not market or export your renovate.com.au feedback rating in any venue other than a renovate.com.au operated website.
8.2 Import. We do not provide the technical ability to allow you to import feedback from other websites to renovate.com.au because a composite number, without the corresponding feedback does not reflect your true online reputation within our community.
Without limiting other remedies available to renovate.com.au 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.
11. No Warranty.
11.1 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.
11.2 To the extent that renovate.com.au and all affiliates and related entities of renovate.com.au are able to limit the remedies available under this Agreement, and subject to Clause 12 of this Agreement, renovate.com.au limits its 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 renovate.com.au's sole discretion):
a. 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
b. In the case of services:
- the supply of the services again; or
- the payment of the cost of having the services supplied again.
12. Liability Limit.
12.1 In no event shall we 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 renovate.com.au and all affiliates and related entities of renovate.com.au 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
12.2 Notwithstanding the above provisions, nothing in this Agreement is intended to limit or exclude any liability on the part of renovate.com.au 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) 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.
14. Legal Compliance.
15. No Agency.
You and renovate.com.au 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 by facsimile transmission to renovate.com.au Pty Ltd, PO Box 3261, North Strathfield, NSW 2137, Australia. Facsimile: +61 2 9763 7144, (in the case of renovate.com.au) or to the email address you provide to renovate.com.au during the registration process (in your case). Alternatively, we may give you notice by postage prepaid and return receipt requested, to the address provided to renovate.com.au 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 (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 Sydney, New South Wales, other than a Saturday, Sunday or public holiday.
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.
18. 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 announced on the Forum located at (http://www.renovate.com.au/forum/index.cfm).
This Agreement shall be governed by the laws of the State of New South Wales, Australia. All members of this Site irrevocably submit to the non-exclusive jurisdiction of the courts of New South Wales, 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 renovate.com.au, 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), 6.3 (License), 7 (Access and Interference), 12 (Liability Limit), 13 (Indemnity) and 17 (Arbitration) shall survive any termination or expiration of this Agreement.
The services hereunder are offered by renovate.com.au Pty Ltd, PO Box 3261, North Strathfield, NSW 2137, Australia.