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Terms and Conditions

1. Introduction

This section sets out the Terms and Conditions applying to use of the website including participation in the sale of any item. Although it is convenient to refer to online sales it is important to note at the outset that AidArena is not conducting any auction or arranging any sales, but rather is simply providing a venue or forum so that participants can offer, sell and buy items. AidArena is not involved in these transactions other than by arranging for the sale proceeds to be paid to the nominated parties.

In using this website, you agree to be bound by these terms and conditions. If you do not accept these terms and conditions, you must refrain from using the website. These terms and conditions must be read in conjunction with any other applicable terms and conditions governing the use of this website.

2. Terminology

In these terms and conditions the expressions "we", "us" and "our" are a reference to AidArena Limited ABN 76 158 895 306 and a reference to "you" includes anyone acting on your behalf or with your express or implied authority.

3. Amendments to Terms and Conditions

We reserve the right to amend these terms and conditions from time to time. Amendments will be effective immediately upon notification on this website. Your continued use of the website following such notification will represent an agreement by you to be bound by the terms and conditions as amended.

4. Right to Participate in Auctions

Any registered user is entitled to participate in a sale as either a bidder or seller. However, persons under the age of 18 years are not permitted to participate.

We reserve the right at our discretion to alter or vary your preferred user name and password at any time. We will notify you of any such changes by email.

5. Becoming a Registered User

In order to participate in a sale, you must become a registered user. To become a registered user, you must complete your registration details in the manner described on the web site. Registered user status is free but non-transferable.

We reserve the right to terminate or suspend your registered user status at any time if, acting reasonably, we believe you have breached or have attempted to breach these terms and conditions. You must be 18 years old or over in order to become a registered user. If you are under 18 years of age, you must not apply to become a registered user.

You agree to ensure that your registration details are true and accurate at all times. Specifically, you must notify us of any change to your registration details as originally supplied.

6. Sales Process

If you are the seller, you agree to sell to the highest bidder, subject to your reserve price being reached.

7. Minimum List Price

All sales will be subject to a minimum list price of AUD 10.00. The seller may expressly stipulate a reserve price provided that it is greater than the minimum list price.

8. Our Fees

Unless expressly stipulated in these terms and conditions or unless you are otherwise notified on our website prior to the commencement of a listing, we do not charge listing fees or commission to the seller or purchaser in respect of a sale.

We are not responsible for any GST which is payable on the sale of any item.

9. Purchaser's Obligations

Bids or purchases are not retractable.

If you are the bidder or and you are notified that your bid has been successful, you must complete the transaction in the manner stipulated. If you commit to purchase an item you must complete the transaction in the stipulated manner.

By making a bid or purchasing an item, you warrant and represent that you have the legal right to enter into and complete the transaction.

You agree to comply with any other rules set out on this web site.

Our website includes a dispute process but if you consider yourself to have been treated unfairly, you may also have a remedy under the laws in force in the State of Queensland. You should seek independent legal advice in such a situation.

10. Seller's Obligations

If you are a seller, you must ensure that the items being offered for sale are accurately described, are available in sufficient quantity and that you are able to deliver the items (if delivery selected) to the purchaser in a timely fashion and free from any adverse claims.

By listing an item, you are making an irrevocable offer to sell:

(a) In the case of an auction, to the highest bidder at or above your reserve price;
(b) For a Buy Now Item, to the first bidder at the Buy Now Price.

It is your responsibility to comply with our listing guidelines. You accept full responsibility for incorrect or inaccurate listing or for inappropriate listing categorisation.

You acknowledge that this web site is not made available for sales involving illegal or illicit goods, sales that are prohibited by applicable laws, sales of offensive goods (including goods of a defamatory or ethnically objectionable nature), sale of stolen goods, sale of goods which infringe copyright or other intellectual property laws, sales of goods which have been illegally imported or sales of goods which would require illegal import or export in order to complete the transaction. You agree to indemnify us against any liability which we may incur to a third party arising out of the sale or listing of goods or services by you in connection with the auction process.

You agree not to engage in shill bidding or other forms of manipulating the bidding process unless you have expressly reserved and publicised your right to do so and the manner in which you might do so.

You agree not to engage in bid-siphoning by contacting a bidder in a separate auction and offering to undercut the seller in that auction.

(a) If the item is sold:-You must arrange for the delivery in a timely way of the item after we notify you that payment has been received, and
(b) You authorise us to pay the sale proceeds (less the administration fee) to the party you nominated when the item was listed. This authority is irrevocable.

You agree to comply with any other rules set out on this web site.

You must not use this site to promote goods or services which you are not offering for sale on this site.

You are responsible for payment of all taxes applicable to any sale including GST.

11. Payment

If you are the successful bidder you must pay the purchase price in accordance with the payment instructions on our website. If, for any reason, payment has not been finalised within three (3) working days after you have been notified that you are the successful bidder, then, in addition to any other rights the Seller may have against you, the Seller may relist the item for sale.

In making use of the AidArena service the successful bidder and the seller both acknowledge that AidArena will deduct an Administration Fee from the sale proceeds prior to payment to the nominated party.

12. Feedback

Sellers and successful bidders are invited to post feedback regarding the outcome of their dealings with individual purchasers or sellers as the case may be. Purchasers or sellers who are the subject of feedback will be given a right of reply.

We accept no responsibility for the content of the feedback and we will not attempt to edit it. You agree to indemnify us against all actions, claims and demands (including the cost of defending or publication or content of the feedback.

13. Disclaimer

We do not accept responsibility for any loss or damage, however caused (including through negligence), which you may directly or indirectly suffer in connection with your use of this web site or any linked web site, nor do we accept any responsibility for any such loss arising out of your use of or reliance on information contained on or accessed through this website.

We are not a party to any sale and offer no warranties in relation to goods or services sold or listed through or on this website. We also offer no warranty in relation to the availability of the auction service.

You acknowledge that we make no representation as to the ownership of title in any goods sold or as to the ability of either a purchaser or seller to complete a transaction.

To the extent permitted by law, any condition or warranty which would otherwise be implied into these terms and conditions is hereby excluded. Where legislation implies any condition or warranty, and that legislation prohibits us from excluding or modifying the application of, or our liability under, any such condition or warranty, that condition or warranty will be taken to be included but our liability will be limited for a breach of that condition or warranty to one or more of the following: (a) if the breach relates to goods, (i) the replacement of the goods or the supply of equivalent goods, (ii) the repair of such goods, (iii) the payment of the cost of replacing the goods or of acquiring equivalent goods or (iv) the payment of the cost of having the goods repaired; and (b) if the breach relates to services, (i) the supplying of the services again or (ii) the payment of the cost of having the services supplied again.

Exception to Disclaimer

This disclaimer set out in these terms and conditions does not attempt or purport to exclude liability arising under statute if, and only to the extent, such liability cannot be lawfully excluded.

14. Liability and Indemnity

You agree that we will be under no liability to you in respect of any loss or damage (including indirect, special or consequential loss or damage) which may be suffered or incurred by you or which may arise directly or indirectly in respect of goods or services supplied pursuant to the service offered over this web site or in respect of a failure or omission on the part of the other party to a transaction to complete a sale.

You release and indemnify us against all actions, claims and demands (including the cost of defending or settling any action, claim or demand) which may be instituted against us arising out of a failure by us to comply with these terms and conditions or a failure by the other party to a transaction to complete a sale or satisfy the requirements of a sale.

You also release and indemnify us against all actions, claims and demands (including the costs of defending or settling any action, claim or demand) which may be instituted against us arising out of any act or omission on your part, including but not limited to a failure by you to comply with your obligations under these terms and conditions.

15. Specific Warnings

You must ensure that your access to this web site is not illegal or prohibited by laws which apply to you.

You must take your own precautions to ensure that the process which you employ for accessing this web site does not expose you to risk of viruses or other form of interference which may damage your own computer system. For the removal of doubt, we do not accept responsibility for any interference or damage to your own computer system which arises in connection with your accessing of this web site or any linked web site.

Whilst we have no reason to believe that any information contained on this web site is inaccurate, we do not warrant the accuracy, adequacy or completeness of such information, nor do we undertake to keep this web site updated. We do not accept responsibility for loss suffered as a result of reliance by you upon the accuracy or currency of information contained on this web site.

Responsibility for the content of advertisements appearing on this web site (including hyperlinks to advertisers' own web sites) rests solely with the advertisers. The placement of such advertisements does not constitute a recommendation or endorsement by us of the advertisers' products or service and each advertiser is solely responsible for any representations made in connection with its advertisement.

We do not warrant that the auction service will be available at all times or at any specific times.

You acknowledge that we do not have any involvement in the auction process other than by providing this facility on our web site. We do not represent bidders or sellers. Unless expressly stated to the contrary, we do not endorse, or have an interest in, the items which are being sold and we do not accept responsibility in the event that a transaction is not completed due to an act or omission on the part of either the bidder or the seller. We accept no responsibility for defective goods, including the failure of any goods to correspond with the seller's description or samples or the failure of any goods to be of merchantable quality. We have no control over the availability, quality, safety or legality of auctioned goods, we do not warrant the truth or accuracy of listings and we have no control over representations made by either the seller or the bidder.

We are not responsible in the event a bid is not processed due to technical difficulties affecting our system.

We do not undertake to retain listings or to retain records of specific transactions. We are not responsible for ensuring that warranty obligations are honoured.

There is no contract of sale between you and us, whether you are the bidder or the seller. In the event that a bid is accepted, by the seller, a contract of sale will be formed direct between the bidder and the seller.

In the event that a bid is accepted, each party will have an obligation to complete the transaction. This is the responsibility of the respective bidder and seller, not our responsibility. If you have any doubts about the ability of the other party to discharge its obligations in this regard, it is your responsibility to make all necessary enquiries in advance and to take any steps which you consider to be appropriate in the circumstances.

You acknowledge that a failure to comply with these terms and conditions entitles us to terminate your registered user status, We may determine at our discretion whether such a failure has occurred.

16. Copyright

Copyright in this web site (including text, graphics, logos, icons, sound recordings and software) is owned or licensed by us. Other than for the purposes of, and subject to the conditions prescribed under, the Copyright Act 1968 (Cth) and similar legislation which applies in your location, and except as expressly authorised by these terms and conditions, you may not in any form or by any means:

adapt, reproduce, store, distribute, print, display, perform, publish or create derivative works from any part of this web site; or

commercialise any information, products or services obtained from any part of this web site;

without our written permission.

17. Trade Marks

Except where otherwise specified, any word or device to which is attached the TM or ®. symbol is a registered trade mark.

If you use any of our trade marks in reference to our activities, products or services, you must include a statement attributing that trade mark to us. You must not use any of our trade marks:

in or as the whole or part of your own trade marks;

in connection with activities, products or services which are not ours;

in a manner which may be confusing, misleading or deceptive;

in a manner that disparages us or our information, products or services (including this web site).

18. Restricted Use

Unless we agree otherwise in writing, you are provided with access to this web site only for your personal use. You are authorised to print a copy of any information contained on this web site for your personal use, unless such printing is expressly prohibited. Without limiting the foregoing, you may not without our written permission on-sell or deal commercially in any way with any information obtained from this web site.

19. Linked Websites

This web site may contain links to other web sites ("linked web sites"). Those links are provided for convenience only and may not remain current or be maintained.

We are not responsible for the content or privacy practices associated with linked web sites.

Our links with linked web sites should not be construed as an endorsement, approval or recommendation by us of the owners or operators of those linked web sites, or of any information, graphics, materials, products or services referred to or contained on those linked web sites, unless and to the extent stipulated to the contrary.

20. Privacy Policy

We undertake to comply with the terms of our privacy policy which is annexed to these Terms and Conditions. You agree to us using your information in accordance with this policy.

21. Security Information

Unfortunately, no data transmission over the Internet can be guaranteed as totally secure. Whilst we strive to protect such information, we do not warrant and cannot ensure the security of any information which you transmit to us. Accordingly, any information which you transmit to us is transmitted at your own risk. Nevertheless, once we receive your transmission, we will take reasonable steps to preserve the security of such information.

22. Termination of Access

Access to this web site may be terminated at any time by us without notice. Our disclaimer will nevertheless survive any such termination.

23. Governing law and jurisdiction

(a) Governing law
This Agreement is governed by the laws of the State of Queensland.

(b) Jurisdiction
You irrevocably submit to the non-exclusive jurisdiction of the courts of the State of Queensland.

(c) Location of AidArena Business
You agree that any sale of items and the associated transfer of funds will be taken to have occurred within the state of Queensland and subject to the laws of the state of Queensland.

24. General

If we waive any rights available to us under these terms and conditions on one occasion, this does not mean that those rights will automatically be waived on any other occasion.

If any of these terms and conditions are held to be invalid, unenforceable or illegal for any reason, the remaining terms and conditions shall nevertheless continue in full force.

In addition to any other lawful means of service any notice or legal process which we wish to give or serve upon you may be sent to your email address and any such notice or process will be taken to have been received unless we receive a return email notification that the email cannot be delivered.

25. Disputes

AidArena encourages users to try and resolve any disputes concerning their use of this website and their participation in any sale between themselves.

However, if a dispute does occur in relation to a sale then the AidArena dispute process will apply. If you are the buyer you must give notice of the dispute in accordance with the dispute process within two (2) weeks of the item being paid for. In the absence of a dispute notification, the sale proceeds will be released.

The Seller and the Buyer both acknowledge that neither AidArena nor the nominated party who has received the net sale proceeds are liable to refund any part thereof regardless of the outcome of the dispute.

If a dispute notification is given under the dispute process then the Seller and the Buyer must attempt to resolve the dispute and, pending a resolution, the sale proceeds will be held in suspense. AidArena reserves the right in its sole discretion to cancel the sale if the dispute is not resolved within a reasonable time period.

26. User's Acknowledgement

By becoming a registered user, and by signifying your acceptance of these terms and conditions during the registration process, you acknowledge that you have read, understood and accept the above terms and conditions.

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About Us

AidArena is a not for profit organization that facilitates the sale and auction of items with all or a portion of the proceeds going to various charities. Since... More