Terms/Cond

SER AGREEMENT

Welcome to the User Agreement for Industry Surplus Australia

The services available at http://www.isurplus.com.au are provided by Industry Surplus Australia.

This User Agreement describes the terms and conditions applicable to your use of our services available under the domains and sub-domains at http://www.isurplus.com.au and all other Industry Surplus Australia and website urls (the “Site”). If you do not agree to be bound by this User Agreement, you may not use or access our services.

You must read, agree with and accept all of the terms and conditions contained in this User Agreement, which includes those terms and conditions expressly set out below and those incorporated by reference, before you may become a user of the Site. We strongly recommend that, as you read this User Agreement, you also access and read the information contained in the other pages and websites referred to in this document, as they contain further terms and conditions which apply to you as a Industry Surplus Australia website user. Please note: underlined words and phrases are click-through links to these pages and websites.

By agreeing to this User Agreement, you also agree that your use of Industry Surplus Australia or other web sites will be governed by the user agreement posted on those web sites. Our Privacy Policy is available at http://www.isurplus.com.au/privacypolicy

We may amend this User Agreement at any time by giving you notice (“Notice”) by either e-mail in accordance with your Notification Preferences or by posting the amended User Agreement on the Site. Any amended User Agreement will govern new user registrations from the date that it is posted on the Site. Existing users will be bound by the amended User Agreement after the expiry of 30 days following the date of a Notice or the posting of the amended User Agreement on the site, whichever occurs first. No other amendment to this User Agreement will be effective.

1. REGISTRATION ELIGIBILITY

Our services are not available to, and may not be used by, persons under the age of 18 years. If you are under 18 years old, you can use this service only in conjunction with and under the supervision of a parent or guardian. If you do not qualify, please do not use our services. If you are registering as a business entity, you represent that you have the authority to bind that entity to this User Agreement.

2. USER ID

You must choose a User ID and password on completion of registration. You are responsible for all actions taken under that User ID and password and shall only use the Site using your own User ID and password. You must make every effort to keep your password safe and should not disclose it to any other person. You may not transfer or sell your User ID to any other person. You may not permit, either directly or indirectly, any other person to use your User ID or password.

3. BUYING

As a buyer, you have a legal obligation to complete a transaction with Industry Surplus Australia

4. MISTAKE

Due to the fact that sales take place in an automated environment, mistakes can occur without the knowledge of the seller. Accordingly, if due to operator error or computer software error, an item is listed for sale for a zero price or for a price below what the operator intended or if the item has been disposed of or become unavailable for any reason, then the sale can be cancelled by Industry Surplus Australia at any time before the goods are dispatched any postage or other money already received will be refunded.

5. WARRANTY POLICY

When purchasing goods from Industry Surplus Australia stores via the webstore, Customers are entitled to assume:-

• i. The goods they are purchasing are as described
• ii. The goods are fit for all purposes for which they are supplied;

If any of the above are breached, the customer may be entitled to certain remedies which include repair, replacement or refund. The customer should contact the store where the item was purchased. Most items new items, and items over $1,000 have a 30 day Warranty.

6. REPLACEMENT PRICE

Where a listing states the replacement price, this is an approximation and based on the average new retail price of the item or its replacement model, or nearest alternative that we were able to ascertain.

7. RETURN OF DEFECTIVE GOODS

Nothing in this Returns Policy shall affect the statutory rights of any consumer.

• 8.1 Return of Defective Goods
• You, the buyer, must inspect the item as soon after delivery as is reasonably practicable and must notify us of any defects in the item within five (7) working days from the date the item was delivered.
• You must return any defective or faulty item to us within ten (14) working days from the date of delivery.
• Provided you notify us of any defects and return the defective item within the periods set out above, we will either repair your item, replace it on a like for like basis or we will refund your payment in full including the normal postage charge within seven (7) working days of the defective item being returned to us.
• Where an item is sold “as is” this does not apply and no returns will be accepted.

8. YOUR INFORMATION

• 8.1 Definition
• “Your Information” is defined as any information you provide to us or other users in relation to the Industry Surplus Australia service including the registration, bidding or feedback process, your postings on the message boards and any other content that you post within the Site. You are solely responsible for Your Information, and we act as a mere conduit for your online distribution and publication of Your Information. You consent to Industry Surplus Australia taking whatever steps we think fit to verify or authenticate Your Information, including accessing any public or private register or undertaking any credit checks or accessing information about You from a credit reporting agency or business which reports on the credit worthiness of persons.
• 8.2 Restrictions
• Your Information and your activities on our Site must not:8.3 Access and Interference
  • (a) be false, inaccurate or misleading;
  • (b) be offensive or menacing, abusive, defamatory, or in breach of copyright, confidence, privacy or any other rights;
  • (c) infringe any third party’s copyright, patent, trade mark, trade secret or other proprietary rights or rights of publicity or privacy;
  • (d) be fraudulent or involve the sale of counterfeit or stolen items;
  • (e) be in breach of any applicable laws or regulations (including, but not limited to, laws governing export control, consumer protection, unfair competition, anti-discrimination, false advertising);
  • (f) be obscene, indecent or contain child pornography;
  • (g) create liability for us or cause us to lose (in whole or in part) the services of our ISPs or other suppliers;
  • (h) contain any computer viruses, macro viruses, trojan horses, worms or anything else designed to interfere with, interrupt or disrupt the normal operating procedures of a computer or to surreptitiously intercept, access without authority or expropriate any system, data or personal information;
  • (i) cause the Site to be interrupted, damaged, rendered less efficient or be such that the effectiveness or functionality of the Site is in any way impaired.
• The Site contains robot exclusion headers. Much of the information on the Site is updated on a real time basis and is proprietary or is licensed to Industry Surplus Australia by our users or third parties. You agree that you will not use any robot, spider, scraper or other automated means to access the Site for any purpose without our express written permission. Additionally, you agree that you will not:8.4 Your Use of Other User’s Information
  • (a) take any action that imposes, or may impose in our sole discretion an unreasonable or disproportionately large load on our infrastructure;
  • (b) copy, reproduce, modify, create derivative works from, distribute or publicly display any content (except for Your Information) from the Site without the prior express written permission of Industry Surplus Australia and the appropriate third party, as applicable;
  • (c) interfere or attempt to interfere with the proper working of the Site or any activities conducted on the Site; or
  • (d) interfere or attempt to interfere with the proper working of the Site or any activities conducted on the Site; or
• Industry Surplus Australia and our users do not tolerate spam or unsolicited commercial communications. Therefore, without limiting the foregoing, you shall not add a Industry Surplus Australia employee or a Industry Surplus Australia user, even a user who has purchased an item from you, to your mail list (email or physical mail) without their express written consent after adequate disclosure. To report spam from other Industry Surplus Australia users, please send an email to Industry Surplus Australia via the web form.
• 8.5 Email
• Your email address is used only to send you information that you have requested and as necessary to complete a transaction or application. As part of your use of our email marketing software,
• Industry Surplus Australia allows you to elect to receive, or not to receive, certain information. Industry Surplus Australia will not send you unsolicited email information, offers or advertisements. Industry Surplus Australia will not sell, rent, or lend our contact lists or our customers’ contact lists (including customer data) to any third party companies.
• Should you wish to not accept emails from Industry Surplus Australia, please contact us and you requesting your removal from the database.

9. VERIFICATION OF IDENTITY

We may need to identify you pursuant to the provisions of the Anti-Money Laundering and Counter-Terrorism Financing Act 2006 and Rules. Division 5A of the Act allows, in certain circumstances, that verification be undertaken electronically (“e-verification”) by matching certain personal information you supply to us with personal information held by credit reporting agencies. We may use that system to verify your identity. We will not do so without your consent.

10. BREACH

Without limiting our other remedies, we may limit your activity on the Site, immediately suspend or terminate your user registration and refuse to provide our services to you without notice to you:

• (a) if you breach this User Agreement;
• (b) if, despite our reasonable endeavours, we are unable to verify or authenticate any information you provide to us; or
• (c) if we believe that your actions may cause us financial loss or legal liability.

11. NO WARRANTY

We (and our parent, subsidiaries, affiliates, officers, directors, agents and employees) do not guarantee continuous, uninterrupted or secure access to our services, and operation of the Site may be interfered with by numerous factors outside of our control. Our website and our services are provided “as is” and as and when available, and to the extent permissible by law, we exclude all implied warranties, conditions or other terms, whether implied by statute or otherwise, including without limitation any terms as to skill and care or timeliness of performance. Some jurisdictions do not allow the disclaimer of implied warranties, so the foregoing disclaimer may not apply to you.

12. LIMITATION OF LIABILITY

Nothing in this User Agreement shall limit or exclude our liability for direct damages resulting from fraudulent misrepresentation from death or personal injury due to our negligence or the negligence of our agents or employees. Subject to the foregoing, we (including our parent, subsidiaries, affiliates, officers, directors, agents and employees) will not be liable for any economic losses (including, without limitation, loss of revenues, profits, contracts, business or anticipated savings), any loss of goodwill or reputation, or any special, indirect or consequential damages (however arising, including negligence) arising out of or in connection with this User Agreement or your use of services covered by this User Agreement. Some jurisdictions do not allow the exclusion of incidental or consequential damages, so the above exclusion may not apply to you.

We (including our parent, subsidiaries, affiliates, officers, directors, agents and employees) also have no liability of any sort (including liability for negligence) for the acts or omissions of other providers of telecommunications services or for faults in or failures of their networks and equipment.

13. INDEMNITY

You agree to indemnify and hold us and (as applicable) our parent, subsidiaries, affiliates, officers, directors, agents, and employees, harmless from any claim or demand, including reasonable legal fees, made by any third party due to or arising out of your breach of this User Agreement or your violation of any law or the rights of a third party.

14. NOTICES

Unless otherwise explicitly stated, notices to Industry Surplus Australia must be sent by registered mail to Industry Surplus Australia, 171 George St, West Swan, Western Australia 6055 and notices to you will be sent to the email address that you provide to Industry Surplus Australia during the registration process (receipt is deemed to have occurred within 24 hours after an email is sent, unless we receive notice that the email address is invalid), or by registered mail.

15. GOVERNING LAW AND LEGAL COMPLIANCE

This User Agreement shall be governed by and construed in accordance with Australian law and subject to the exclusive jurisdiction of the Australian courts.

The laws of your country may be different from Australian law, including laws governing what can be legally offered, sold, exported, bought or imported. There may be additional legal requirements, relating to (for example) the requirement to hold a license to buy or sell certain items, or to register a transfer in a central registry. You shall comply with all applicable domestic and international laws, statutes, ordinances and regulations regarding your use of our service and your bidding on, listing, purchase and solicitation of offers to purchase and sale of items. There is no practical way for us to continually monitor the laws of every country, or each user transaction. Please do not assume that you are allowed to do what other users do, or that we are approving or validating any transaction, even if you have successfully made similar sales or purchases in the past.

16. DISPUTE RESOLUTION

Industry Surplus Australia is a responsible and professional organisation that cares about the service you receive. We are committed to a fair and prompt response to your complaints. Should you feel an item you purchased has been misrepresented, please contact us immediately and we will endeavour to resolve the situation to mutual satisfaction. Should this feel, you are free to follow the normal Legal Civil Procedure for your complaint.

17. THIRD PARTY RIGHTS

A person who is not a party to this User Agreement has no right to enforce any term of this User Agreement but this does not affect any right or remedy of a third party specified in this User Agreement.

18. GENERAL

If any provision of this User Agreement is held to be invalid or unenforceable, such provision shall be struck out and the remaining provisions shall be enforceable. You agree that this User Agreement and all incorporated agreements may be automatically assigned by Industry Surplus Australia, in our sole discretion, to a third party in the event of a merger or acquisition or any other event. You and Industry Surplus Australia are independent contractors, and no agency, partnership, joint venture, employee-employer or franchisor-franchisee relationship is intended or created by this User Agreement. 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. This User Agreement sets forth the entire understanding and agreement between us with respect to its subject matter. No oral explanation or oral information given by any party shall alter the interpretation of this User Agreement.