Terms / Conditions

ThingsForSaleInToowoomba Terms of Use (2019)

These terms are effective from 10th May 2020

Introduction

Welcome to ThingsForSaleInToowoomba. By accessing https://thingsforsaleintoowoomba.com.au you are agreeing to the following terms and conditions. These Terms of Use constitute a legally binding agreement between you and ThingsForSaleInToowoomba and are effective as of 10th May 2020 for current users, and upon acceptance for new users. You accept these Terms of Use by clicking the “Create Account” button when registering an account and by otherwise accessing or using the ThingsForSaleInToowoomba website and tools, including posting an ad.

Using ThingsForSaleInToowoomba

As a condition of your use of ThingsForSaleInToowoomba you agree that you will not:

  • violate any laws;
  • violate the Posting Rules;
  • post any threatening, abusive, defamatory, obscene or indecent material;
  • post or otherwise communicate any false or misleading material or message of any kind;
  • infringe any third-party right;
  • distribute spam, chain letters, or promote pyramid schemes;
  • distribute viruses or any other technologies that may harm ThingsForSaleInToowoomba or the interests or property of ThingsForSaleInToowoomba users;
  • impose or contribute to imposing an unreasonable load on our infrastructure or interfere with the proper working of ThingsForSaleInToowoomba;
  • copy, modify, or distribute any other person’s content without their consent;
  • use any robot spider, scraper or other automated means to access ThingsForSaleInToowoomba and collect content for any purpose without our express written permission;
  • harvest or otherwise collect information about others, including email addresses, without their consent;
  • copy, modify or distribute rights or content from the ThingsForSaleInToowoomba site or ThingsForSaleInToowoomba’s copyrights and trademarks;
  • harvest or otherwise collect information about users, including email addresses, without their consent
  • bypass measures used to prevent or restrict access to ThingsForSaleInToowoomba;
  • sell any counterfeit items or otherwise infringe the copyright, trademark or other rights of third parties.

You are solely responsible for all information that you submit to ThingsForSaleInToowoomba and any consequences that may result from your post. We reserve the right at our discretion to refuse or delete content that we believe is inappropriate or breaching the above terms. We also reserve the right at our discretion to restrict a user’s usage of ThingsForSaleInToowoomba either temporarily or permanently, or refuse a user’s registration. If we believe that you are breaching these Terms of Use in any way and/or behaving suspiciously on the ThingsForSaleInToowoomba website, we may, at our discretion, inform other ThingsForSaleInToowoomba users that have been in contact with you and recommend that they exercise caution.

Abusing ThingsForSaleInToowoomba

ThingsForSaleInToowoomba community work together to keep the ThingsForSaleInToowoomba Websites working properly and the community safe. Please report problems, offensive content and policy breaches to us using the reporting system.

Without limiting other remedies, we may issue warnings, limit or terminate our service, remove hosted content and take technical and legal steps to keep users off ThingsForSaleInToowoomba if we think that they are creating problems, infringing the rights of third parties or acting inconsistently with the letter or spirit of our policies (including, without limitation, circumventing temporary or permanent suspensions or harassing the ThingsForSaleInToowoomba employees or other users). However, whether we decide to take any of these steps, remove hosted content or keep a user off ThingsForSaleInToowoomba or not, we do not have any obligation to monitor the information transmitted or stored on our sites, services, applications and tools and we do not accept any liability for unauthorized or unlawful content on ThingsForSaleInToowoomba or use of ThingsForSaleInToowoomba by users.

Global Marketplace

Some of ThingsForSaleInToowoomba features may display your ad on other sites, services, applications and tools that are part of the global Google search. By using ThingsForSaleInToowoomba, you agree that your ads can be displayed on these other searches. The terms for our other sites, services, applications and tools are similar to these terms, but you may be subject to additional laws or other restrictions in the countries where your ad is posted (currently not applicable) When you choose to post your ad on ThingsForSaleInToowoomba you may be responsible for ensuring that it does not violate any laws or policies specific to Darling Downs / Toowoomba region. We may remove your ad if it is reported or if we believe it causes problems or violates any law or policy.

Fees and Services

Using ThingsForSaleInToowoomba is free.

Content

ThingsForSaleInToowoomba contains content from us, you, and other users. ThingsForSaleInToowoomba is protected by copyright laws. Content displayed on or via ThingsForSaleInToowoomba is protected as a collective work and/or compilation, pursuant to copyrights laws and international conventions. You agree not to copy, distribute or modify content from ThingsForSaleInToowoomba without our express written consent. You may not disassemble or decompile, reverse engineer or otherwise attempt to discover any source code contained in ThingsForSaleInToowoomba. Without limiting the foregoing, you agree not to reproduce, copy, sell, resell, or exploit for any purposes any aspect of ThingsForSaleInToowoomba

Do not 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, design and trademark (e.g. offering counterfeit items for sale). A large number of products of all sorts are offered on ThingsForSaleInToowoomba by private individuals. Entitled parties, in particular owners of copyright, trademark rights or other rights can report any advertisement which may infringe on their rights, and submit a request for such advertisement to be removed. If a legal representative of the entitled party reports this to us in the correct manner, products infringing on the intellectual property rights will be removed by ThingsForSaleInToowoomba.

Liability

Nothing in these terms shall limit our liability for fraudulent misrepresentation, or 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.

We do not review users’ postings and are not involved in the actual transactions between users. As most of the content on ThingsForSaleInToowoomba comes from other users, we do not guarantee the accuracy of postings or user communications or the quality, safety, or legality of what’s offered.

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.

You acknowledge that we cannot guarantee continuous, error-free or secure access to our services or that defects in the service will be corrected. While we will use reasonable efforts to maintain an uninterrupted service, we cannot guarantee this and we do not give any promises or warranties (whether express or implied) about the operation and availability of our sites, services, applications or tools.

Release

If you have a dispute with one or more ThingsForSaleInToowoomba users, you release us (and our officers, directors, agents, subsidiaries, joint ventures and employees) from any and all claims, demands and damages (actual and consequential) of every kind and nature, known or unknown, arising out of or in any way connected with such disputes.

Third party rights

A person who is not a party to this Agreement has no right under the Contracts (Rights of Third Parties) Act 1999 to enforce any term of this User Agreement but this does not affect any right or remedy of a third party specified in this Agreement or which exists or is available apart from that Act.

Personal Information

By using ThingsForSaleInToowoomba, you agree to the collection, transfer, storage and use of your personal information by ThingsForSaleInToowoomba on servers. You also agree to receive marketing communications from us unless you tell us that you prefer not receive such communications.

Resolution of disputes

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

General

These terms and the other policies posted on ThingsForSaleInToowoomba constitute the entire agreement between ThingsForSaleInToowoomba and you, superseding any prior agreements. No agency, partnership, joint venture, employee-employer or franchiser-franchisee relationship is intended or created by this Agreement.

This Agreement shall be governed and construed in all respects by the laws of Australia and Queensland. You agree that any claim or dispute you may have against ThingsForSaleInToowoomba must be resolved by the courts of Australia and Queensland. You and ThingsForSaleInToowoomba both agree to submit to the exclusive jurisdiction of the Australian Courts; for claims falling within the jurisdiction of a State Court, you and ThingsForSaleInToowoomba both agree to submit to the jurisdiction of the State Court of Queensland.

If we don’t enforce any particular provision, we are not waiving our right to do so later. If a court strikes down any of these terms, the remaining terms will survive. We may automatically assign this agreement in our sole discretion in accordance with the notice provision below.

We may update this agreement at any time, with updates taking effect when you next post or 30 days after we post the updated policy on the ThingsForSaleInToowoomba website, whichever is sooner. No other amendment to this agreement will be effective unless made in writing, signed by users and by us.