A. Garage Sale Locator PTY LTD (Garage Sale Locator) is a company which owns and operates the website www.garagesalelocator.net.au (“the Website”).
B. The Website hosts an online portal that displays being information, content, data and photographs received from users in relation to impending garage sales hosted by or on behalf of the User within Australia.
C The User wishes to access the online portal within the Website for the purposes of inputting information, data, content and/or photographs in relation to a garage sales that will be hosted by or on behalf of the User.
D. Garage Sale Locator has agreed to provide the User with access to the online portal within the Website on the terms and conditions of this Agreement.
E. By clicking the “read and understood” and “accept” buttons at the end of these terms, you will be deemed to have read and accepted these terms and conditions.
“Listing” means a listing of a garage sale for either one (1) days duration or two (2) consecutive days duration hosted by or on behalf of the User.
“User Content” means information, content, data and photographs in relation to a Listing uploaded by the User and visible by the general public on the Website.
This Agreement will commence on the date that the User makes payment to Garage Sale Locator of the Fee in relation to a Listing (Commencement Date) and will continue until the finish time nominated by the User and submitted as part of the User Content in relation to that Listing (End Date).
(a) This Agreement governs the provision of access to the User to the online portal within the Website for the purposes of displaying User Content on the Website in relation to a Listing (the “Services”).
(b) The Services will be delivered by Garage Sale Locator to support the dissemination of information to the general public in relation to impending garage sales within Australia.
(c) To gain access to the Services, the User agrees to register its details via the Website www.garagesalelocator.net.au and to pay the Fee.
(d) Upon registration and payment of the Fee, the User will have access to the online portal being that part of the Website that allows input of User Content in relation to a Listing.
(e) The User acknowledges and agrees that:
(i) the Services will only be available in respect of a Listing for a maximum period of two (4) weeks prior to the start time of that Listing;
(ii) the Services are provided to the User on a non-exclusive basis. The Website displays content uploaded from multiple users;
(iii) the Services are provided on an “as is” basis and the User agrees that Garage Sale Locator does not warrant or make any representations as to attendance rates at a Listing or the success or otherwise of a Listing;
(iv) the Services shall be provided on a listing by listing basis with each constituting a separate engagement governed by the terms of this Agreement;
(v) Garage Sale Locator reserves the right to interrupt the Service because of technical issues;
(vi) Garage Sale Locator is not responsible for the interruption to Services whether caused by computer or software viruses or bugs, server downtime, server delayed response time, network issues, underlying hosting service provider issues or otherwise.
(f) The User acknowledges that it does not have the power to bind Garage Sale Locator in any manner what so ever or to take any action or do any act or thing in the name of Garage Sale Locator.
(a) The User acknowledges and agrees that:
(i) the User must, as a minimum, upload the following information as part of the User Content:
A. the address of the Listing; and
B. the start and finish time of each Listing.
(ii) The User is solely responsible for verifying the accuracy and lawfulness of the User Content;
(iii) Garage Sale Locator has the right, but not the obligation, to monitor and review User Content from time to time and Garage Sale Locator may, in it’s sole discretion and without prior notice to the User, restrict the User’s participation for any reason.
(iv) Not withstanding Garage Sale Locator’s right to monitor and review any User Content, Garage Sale Locator is not obliged to do so. Garage Sale Locator accepts no responsibility or liability for any User Content. In particular, the User acknowledges and agrees that Garage Sale Locator does not authorise, condone or endorse any User Content, and is not responsible for any incorrect, illegal, indecent or inaccurate information submitted by the User.
(b) By posting, submitting, updating, modifying, transmitting or otherwise making available any User Content on this Website:
(i) The User warrants that it independently created or otherwise has all the necessary rights and permissions needed to submit User Content to the Website; and
(ii) The User agrees, and warrants, that the User Content does not infringe the rights (including intellectual property rights, privacy and reputation) of any other person, and agrees to indemnify Garage Sale Locator against any third party claims arising in breach of this paragraph (ii).
(c) The User agrees to immediately inform Garage Sale Locator about any breach or suspected breach of its obligations contained in this clause 4.
5. Permitted Use
Garage Sale Locator prohibits the use of the Website and any of its functionalities, features and content in any manner other than as expressly set out in these terms. With respect to the User’s use of or participation in any facility on the Website, the User acknowledges and agrees that:
(a) The User is legally responsible for all content it submits;
(b) The User will not, under any circumstances,post any material, or engage in any behaviour, that is, or could reasonably be taken to be, predatory or intimidating;
(c) The User will not:
(i) Post or transmit any illegal, threatening, discriminatory, or indecent material of any kind or any material in contempt of any court or parliament, or encourage any other person to do so;
(ii) Post or transmit any material that portrays another in a derogatory light or brings another into disrepute, contempt, scandal or ridicule;
(iii) Post or transmit any material that defames or slanders any person;
(iv) Bypass (or attempt to bypass) any security mechanisms imposed by the Website or harvest or collect personal information of other Users;
(v) Post or transmit false or misleading material or make any form of misleading or deceptive representation;
(vi) Knowingly post or transmit or permit the posting or transmission of any material, which contains a computer virus or other harmful data, code or material.
(a) In consideration of the Service, the User will pay Garage Sale Locator the following Fees:
(i) $1.99 in respect of a Listing on one (1) days duration;
(ii) $2.99 in respect of a Listing of two (2) consecutive days duration.
(b) The User will not be entitled to a refund of Fees paid under any circumstances including, without limitation, where a Listing is cancelled or rescheduled.
7. Title and Copyright
(a) The User acknowledges and agrees that all title and intellectual property rights in the Website are the property of Garage Sale Locator and are protected by copyright, design, trademark and other intellectual property laws and treaties;
(b) Ownership of all personal information, data and photographs that are inputted into the Website by the User is retained by the User.
8. Limitation of Liability
The User acknowledges and agrees that;
(a) Garage Sale Locator shall not be liable for any loss or damage (including, without limitation, loss of actual or anticipated profits, loss of contracts, loss of business, loss of revenue, loss of reputation, business interruption, loss of goodwill, loss of anticipated savings or loss of, damage to or corruption of, data or information) arising directly or indirectly in connection with the provision of the Service, the User’s participation in or use of the Website or the User’s inability to participate in or use the Website or otherwise even if Garage Sale Locator has been advised of the possibility of such damages, regardless of whether liability is based on any breach of contract, tort (including negligence) or warranty, arises under statute, or any other basis of liability.
(b) Garage Sale Locator shall have no liability with respect to the content of the Website or any part thereof, including but not limited to errors, inaccuracies or omissions contained therein, libel, infringements of rights of publicity, privacy, trademark rights, business interruption, personal injury, moral rights or the disclosure of confidential information.
(c) The limitation of liability set out in these terms and conditions does not attempt or purport to exclude liability arising under statute if, and to the extent, such liability cannot be lawfully excluded.
9. Privacy and Use of Personal Information
(a) The User acknowledges and agrees that:
(i) Garage Sale Locator collects the following personal information from the User directly from the User’s use of the Services as part of the registration process:
A. User’s name;
B. User’s email address;
C. User’s nominated password; and
D. Address for the Listing
together (Personal Information).
(ii) Garage Sale Locator holds the User’s Personal Information to verify the User’s identity enabling the User to logon and use the online portal within the Website.
(iii) The address for the Listing as inputted by the User as well as any photographs uploaded by the User as User Content is the only information that is visible by the public on the Website from the Commencement Date until the End Date.
(iv) Except as set out in subclause (iii) above, Personal Information inputted by the User into the Website will only be used by Garage Sale Locator for the purposes of verifying the User’s identity to allow access to the Website.
(v) Garage Sale Locator will not otherwise disclose the User’s personal information without the user’s permission unless such disclosure is in accordance with these general terms or otherwise authorised by law.
(vi) Personal Information will be stored on data servers owned or controlled by SiteGround, a third party web hosting provider and located overseas in Singapore. Garage Sale Locator will take reasonable steps to hold such information securely in access controlled premises or in electronic databases requiring logins and passwords.
(vii) The photographs and any other information uploaded by the User as User Content will be deleted from the Website within 30 days of the End Date however, this information will continue to be stored on the server.
(viii) All information uploaded by the User as part of the registration process and uploaded as User Content, including the information set out in clause 9(a)(i), will be stored on servers located in Singapore. For the avoidance of doubt, this information will be stored on servers located in Singapore both during the listing period and after the End Date.
(ix) The User has rights to enforce SiteGround’s compliance with applicable data protection laws but may not have any recourse against SiteGround under Australian Privacy Legislation and Regulations.
(x) Garage Sale Locator is not responsible for any breaches by SiteGround of applicable privacy and data protection laws or Australian Privacy Legislation and Regulations.
(a) Garage Sale Locator may assign its rights and benefits under this Agreement to any other person without the consent of the User. The User will not assign its rights or obligations under this Agreement without the written consent of Garage Sale Locator.
(b) If any clause or part of any clause in these terms and conditions is in any way unenforceable, invalid or illegal it is to be read down so as to be enforceable, valid and legal. If this is not possible, the clause (or where possible the offending part) is to be severed without affecting the enforceability, validity or legality of the remaining clauses (or parts of those clauses) of these terms and conditions, which will continue in full force and effect.
(c) This Agreement may be executed in any number of counterparts each of which shall be deemed an original and all such counterparts together shall be deemed to constitute one and the same instrument.
(d) Nothing herein contained shall constitute or create or be deemed or construed so as to constitute or create any partnership, agency or trust between the parties and neither party shall commit or incur any liability on the part of the other party, nor pledge or attempt to pledge its credit in any way what so ever.
(e) This Agreement may only be varied in writing by a document signed by both parties.
(f) This Agreement contains the entire understanding between the parties concerning the subject matter of this Agreement and supersedes all prior agreements, understandings and negotiations between the parties on that subject matter.
(g) The agreement is governed by the laws of Victoria.