Terms & Conditions
| NETBIKES TERMS AND CONDITIONS 1. DEFINITIONS AND INTERPRETATION 1.1 Definitions: In this terms and conditions, the following terms have the meanings set out in this clause unless the context otherwise indicates: "Auction Website" means any Netbikes web site through which the services are offered; "item" means goods that may be bought or sold through the auction process; "member" means a registered member of Netbikes; "services" means any one or more of the offered by Netbikes from time to time and at the date of commencement of these terms and conditions means the provision of the Auction Website as a forum through which members can sell motorcycles and motorcycle related items; "we", "us" and "our" are a reference to Netbikes; "you" is a reference to you. 1.2 Interpretation: In the interpretation of these Terms and Conditions, unless the context or subject matter otherwise requires: (i) singular includes plural and vice versa and any gender includes every gender; (ii) a reference to a person includes corporations, trusts, associations, partnerships, a Government Authority, and other legal entities, and where necessary, includes successor bodies; (iii) references to writing include printing, typing, facsimile and other means of representing or reproducing words, figures, drawings or symbols in a visible and tangible form, in English; (iv) references to statutes include statutes amending, consolidating or replacing the statutes referred to and all regulations, orders-in-council, rules, by-laws and ordinances made under those statutes; (v) references to sections of statutes or terms defined in statutes refer to corresponding sections or defined terms in amended, consolidated or replacement statutes; (vi) headings are used for convenience only and are to be disregarded in the interpretation of these Terms and Conditions; (vii) where any word or phrase is given a defined meaning, another grammatical form of that word or phrase has the equivalent meaning; (viii) each paragraph or sub-paragraph in a list is to be read independently from the others in the list, unless otherwise indicated; (ix) a reference to an agreement or document is to that agreement or document as amended, novated, supplemented or replaced from time to time; and (x) a reference to a Party includes that Party's authorised executors, agents administrators, substitutes, successors and permitted assigns. 2. GENERAL 2.1 Deemed acceptance of terms and conditions: The Netbikes Terms and Conditions contain the terms on which Netbikes offers you access to the Auction Website and associated services. You are deemed to accept these terms and conditions by registering on the Auction Website. If you do not accept these terms and conditions, you must refrain from using the services, including listing items on the Auction Website. 2.2 Periodic amendments to terms and conditions: These terms and conditions may be amended in whole or in part by Netbikes from time to time. Amendments will be effective immediately upon posting of the amended terms and conditions on the Auction Website. You are responsible for ensuring you are familiar with the latest terms and conditions. Your continued use of the services represents your agreement to be bound by the terms and conditions as amended. 3. CONDITIONS OF USE 3.1 Netbike services: Netbikes provides a venue to introduce members who want to buy and sell items. Netbikes does not take any part in the sale of items other than by providing the Auction Website as a venue for members. If a bid is accepted by a seller, a contract of sale will be formed between the buyer and the seller directly. We do not act as agent for either party and do not participate in any sale or transaction between you and other members. As a result, even though some of the services are being referred to as an auction, Netbikes is not an auctioneer. 3.2 Your liability for transactions conducted: Transactions and all other contact between you and other members are conducted entirely at your own risk. You agree that Netbikes takes no responsibility or liability for any misconduct of any of its members including, without limitation, members that have registered under false pretences or who attempt to defraud you. Netbikes gives no undertakings, representations, or warranties in relation to items sold or listed on the Auction Website, including: (a) about ownership of any item; (b) as to the content, safety, description, worthiness, quality, or legality of the items that are listed on the web site; (c) as to the accuracy or truth of listings; (d) that any item will meet your requirements or expectations; or (e) about the ability of members to complete a transaction. 3.3 No Warranty: You expressly understand and agree that: (a) Your use of the services is at your sole risk. The Auction Website and services are provided on an "as is" and "as available" basis. To the maximum extent permitted by law and without limiting clause 3.2, Netbikes disclaims and excludes all implied conditions or warranties, including, but not limited to, any warranties of merchantability, fitness for a particular purpose, and non-infringement; (b) Netbikes does not warrant that: (i) the services provided will be uninterrupted, timely, secure, or error free; or (ii) that any information (including feedback) provided on the Auction Website is error-free or reliable; (c) no advice or information that is obtained by you from Netbikes or anyone else shall create any warranty by Netbikes that is not expressly stated in the terms and conditions; and (d) responsibility for the content of advertisements appearing on the Auction Website (including hyperlinks to advertisers' own websites) rests solely with the advertisers. The placement of such advertisements on the web site does not constitute Netbikes' recommendation or endorsement of the advertised product or service. Each advertiser is solely responsible for any representation made in connection with its advertisement. 3.4 Indemnity: You agree to release, indemnify and keep us indemnified from and against all actions, claims, costs (including legal costs and expenses) losses, proceedings, damages, liabilities, or demands suffered or incurred by us to any person arising out of or in connection with your failure to comply with these terms and conditions, your failure to completed a transaction, your use of Netbikes' message boards or arising out of any content or item you submit, post, transmit, or make available through the services or the Auction Website. 3.5 No liability: You agree that, to the maximum extent permitted by law, any and all liability and responsibility of Netbikes to you or any other person under or in connection with these terms and conditions, or in connection with the services, the Auction Website, another Member's acts or omissions, or your use of or inability to use, the services or the Auction Website is excluded regardless of whether such liability arises in contract, tort (including negligence), equity, breach of statutory duty or otherwise. Netbikes' liability and responsibility is excluded in respect of any and all loss or damage, whether direct or indirect, including, without limitation, loss of profits, loss of data, loss of business or anticipated savings, general and special damages, and consequential and incidental loss. In the event that a finding is made against Netbikes despite the provisions of these Terms and Conditions, the maximum amount recoverable against Netbikes is limited to the fee charged by Netbikes for the member to use the Auction Website. 3.6 Use of Auction Website at sole discretion of Netbikes: Without limiting any other rights and remedies available to Netbikes, Netbikes may limit your activities on the Auction Website in its sole discretion, including removing your bids or listings, warning other members of your actions, issuing a warning to you, suspending or terminating your membership, or refusing to provide our services to you if you breach these terms and conditions or where Netbikes considers it appropriate. 4. GENERAL RULES 4.1 General: (a) All listings, bids or communications made through the Auction Website shall be made in good faith. (b) You must not attempt to damage, interfere or harm the Auction Website or services, or any network, or system underlying or connected to them, including by using a robot, spider, scraper or other automated means to access the Auction Website or information feature on it for any purpose. (c) You shall not list your email address, phone number or any other contact detail within the description of listings, listing comments and/or questions, in your member profile, or in the Netbikes message boards. (d) You must list auctions and classifieds in Australian dollars. All tax obligations are the responsibility of the seller and/or the buyer (as the parties determine). (e) You must not complete a transaction outside of the Netbikes process or otherwise seek to avoid Netbikes' success fees. Attempts by you to avoid fees, including through multiple memberships, premature auction withdrawal, or otherwise, may result in Netbikes suspending or terminating your membership at the discretion of Netbikes. Netbikes can also demand that the success fee for the item becomes immediately payable in the event that you are found to be engaging in actions to avoid the payment of Netbikes' success fees. (f) You must not use the services or the Auction Website to promote items for sale outside the services. (g) Netbikes memberships are not transferable and therefore cannot be sold or traded. 4.2 Seller's obligations: (a) You will only enter listings that comply with Netbikes seller policy as shown on the Auction Website (including listing only motorcycle or motorcycle related items). (b) You must ensure your listings are accurate, current, complete, and include all relevant information about the terms of sale, payment terms, shipping methods and who bears the cost of shipment. (c) You will only place listings for items that exist and are to be sold. You will not list items that you are not legally entitled to sell or that are not in your possession. In the case of items that are offshore or in transit you must hold clear proof of ownership of such items before being able to list them. You must also clearly indicate that such items are offshore or in transit in the listing. (d) You must not sell illegal, stolen, or unsafe items, items which have been illegally imported or which would require illegal import or export in order to complete the transaction, or any item of which the sale is prohibited by, or violates any, law. You are responsible for ensuring that any item listed by you does not breach this clause. You agree that Netbikes may disclose your personal information, including your name and contact details, to the relevant authorities, parties and/or the applicable intellectual property right holders (or their representatives) if we consider that you are in breach of this clause at any time. (e) Your listing may contain a URL for a website that contains further information on the item you have listed. However this website must not offer any items for sale, or contain contact details. You must not use Netbikes listings to promote a business or web site other than a Netbikes web site. (f) For auctions, you must sell to the highest bidder if the reserve price is met. You must only sell to a bidder who is not the highest bidder after reasonable attempts have been made to contact the winning bidder without success. (g) Listings are not pre-screened for content. Netbikes reserves the right to remove and/or alter any listing that it deems unsuitable or in breach of the terms and conditions. (h) You must promptly forward the listed item to the successful buyer on completion of the transaction. (i) You must not charge unreasonable amounts for shipping and packaging costs. 4.3 Buyer's obligations: (a) Your bids are not retractable once the auction has closed. You must only place a bid if you intend to buy the relevant item at the bid price entered. Reasonable allowances should be made for postage where applicable. (b) If you are notified that your bid has been successful, you must complete the transaction. By making a bid, you warrant and represent that you have the legal right to enter into and complete the transaction. (c) You must make full and prompt payment for an item bought by you. (within 7 days of auction end or from when seller sends payment invoice) (d) You agree to your username and the amount of your bid being publicly shown on the Auction Website website. (e) If your bid is successful and you do not pay for the item, you will receive a warning from Netbikes if the seller complains about you. Netbikes may terminate or suspend your membership in its sole discretion without notice to you. Furthermore a seller has the right to demand from the winning bidder any successfull sale fees that seller has already paid or owes netbikes in relation to a auction where a winning bidder did not follow through with purchase. (f) Should you not comply with sellers request Netbikes may terminate or suspend your membership in its sole discretion without notice to you. Furthermore netbikes will take legal action to recover monies owed. netbikes terms of use are legally binding and will be upheld in any court of law. 5. MEMBERSHIP 5.1 Fees and general requirements: (a) Fees: The fees associated with becoming a member of and using the Netbikes Auction Website are set by Netbikes in its sole discretion. The fees associated with becoming a member, listing items on and using the Auction Website (if any) will be detailed on the "Fees" section of the Auction Website. You will not be a member of the Auction Website or authorised to list items or otherwise use the Auction Website unless and until any relevant fees are paid by you and received by Netbikes. Netbikes reserves the right to change the fees charged for any of our services at any time. In the event that we introduce a new service, the fees for that service are effective at the launch of the service, unless otherwise stated. Before listing an item, you should review Netbikes' fees to ensure you are aware of the fees that you will incur. You must pay the fees immediately upon demand by Netbikes. (Strictly 7 days)) Non payment after this time will result in account suspension. Non payment after a further 7 days will result in account removal and IP banning. At that time you account details wil be passed to netbikes collection agency for processing. You will be liable for all costs incurred. (b) General requirements: To become a member of the Auction Website, you must have the capacity to form a legally binding contract i.e. be at least 18 years of age and not under any other legal disability. By registering as a member of the Auction Website, you warrant that you can form a legally binding contract. You agree to receive netbikes email newsletter (site updates). There will be approx 2 per month. If your email addrees is bouncing or blocked from your computer your membership will be terminated. It is netbikes view that if we cannot contact you neither can your buyers. 5.2 Warranty as to information provided: You warrant that you have provided complete, accurate and current personal information when registering as a member. You must maintain and update your personal information held by Netbikes to ensure it is kept current at all times. You must not register as a member under multiple identities or personas (whether false or not). Netbikes may phone or mail you to verify these details. 5.3 Netbikes ability to terminate membership: Netbikes reserves the right to decline to register or to terminate your membership in its sole discretion without entering into further discussions with you. Members who have registered under multiple aliases will have all of their aliases disabled. 5.4 Your security: You are responsible for keeping your login information, including your email address and password, secret and secure. Without limiting the foregoing, you agree: (a) not to permit any other person to use your user name or membership; and (b) not to disclose, or provide to any other person, your password, email address, or any information that may allow them to gain access to your membership. 5.5 LISTING POLICIES It is your responsibility to ensure you are legally allowed to sell any items you list, this includes ensuring that the item doesn't breach of any copyrights, trademarks or intellectual property rights. You must also abide by the following listing policies: · items must be accurately represented; · listings must be for the sale of an actual item and must not be purely for advertising purposes including offering services; · 'Keyword spamming' to manipulate search results is not allowed; · all prices should be in Australian dollars and including any applicable GST; · delivery charges should be the actual cost of delivery only; · listing an item is a commitment to sell it through Netbikes, you may not withdraw an item because it has not reached the price you wanted. 6. PRIVACY 6.1 General: Netbikes collects personal information about you through your use of the services and the Auction Website, including: o your registration details; and o information relating to your use of the Auction Website and the content you access. You agree that Netbikes may use this personal information to assist us to provide the services to you, for internal research purposes, to verify your identity, for promoting and marketing other Netbikes products and services to you, and for any other use that you authorise. We will not sell or allow third parties to access your personal information without your consent, however you agree that Netbikes may disclose your personal information, including your name and contact details, to the relevant authorities, parties and/or the applicable intellectual property right holders (or their representatives) if we consider that you are in breach of these terms and conditions at any time. 6.2 Netbikes privacy guidelines: (a) Use of information Netbikes does not sell your personal identification to third parties. We release account and other personal information only when we believe release is appropriate to comply with law, enforce or apply our terms and conditions, or protect the rights, property, or safety of Netbikes Limited, our users, or others. (b) Email It is the policy of Netbikes to send our members email throughout the auction process and other email they elect to receive, in addition to customary business communications (payment confirmations, etc.). Further, it is our policy to immediately remove any member from any mailing list upon the member's request. In addition, Netbikes will send a monthly newsletter to members. Newsletters will contain clear and obvious instructions for how the member can remove himself or herself from that mailing list. We do use email as a means of receiving feedback from our members, and we encourage you to email us with your questions or comments. (c) Membership details Our site's registration form requires you to provide us contact information and may also require demographic information. We may use your contact information from the registration form to send you information about our company and promotional material from some of our affiliated partners. Your contact information is also used to contact you when necessary. (d) Profile updates Netbikes provides you with ways in which you can alter your personal data, including changing your email address, password, phone number. (e) Password security You are responsible for all actions taken with your user name, email address and password, including fees. Therefore we do not recommend that you disclose your Netbikes password to any third parties. If you choose to share your user name, email address and password or your information with third parties to provide you additional services, you are responsible for all actions taken with this information and therefore you should review that third party's privacy policy. (f) Membership termination If you wish to have your registration removed from our directory for any reason, simply send us an email requesting to be removed. 7. GENERAL 7.1 Service availability: Netbikes will use its reasonable endeavours to ensure the availability of the Auction Website and services, subject to any downtime required for maintenance. However, Netbikes takes no responsibility for any system unavailability, or for any loss that is incurred as a result of the Auction Website or services being unavailable. Further, Netbikes assumes no responsibility for the corruption of any data or information held by Netbikes. 7.2 Duty not to involve Netbikes in disputes: As Netbikes is not a party to any sale or transaction between you and another member, you agree not to involve, or attempt to involve, Netbikes in any dispute or in the resolution of disputes that arise between you and another member as a result of the services provided. 7.3 Severance: If any provision of these terms and conditions becomes or is held to be invalid, unenforceable or illegal for any reason, and in any respect, that provision shall be severed from the remaining terms and conditions, which shall continue in full force and effect. 7.4 Legal jurisdiction: These terms and conditions are governed by the laws of Queensland. You submit to the non-exclusive jurisdiction of the Courts of Queensland. The parties agree and acknowledge that any legal dispute arising out of these terms and conditions will be held in the Brisbane Court District. 7.5 Force Majeure: Netbikes has no liability for any lack of performance, unavailability or failure of the services or the Auction Website, or for any failure of Netbikes to comply with these terms and conditions where the same arises from any cause reasonably beyond the control of Netbikes. 7.6 No Waiver: If we do not exercise or enforce any right available to us under these terms and conditions, it does not constitute a waiver of those rights. 7.7 Protection of intellectual property: Netbikes (and its licensors or suppliers, as the case may be) owns all proprietary and intellectual property rights in the Auction Website (including text, graphics, logos, icons and sound recordings). You may not without our prior written permission, in any form or by any means: (a) adapt, reproduce, copy, store, distribute, print, display, perform, publish or create derivative works from any part of the Auction Website; or (b) commercialise, copy, or on-sell any information, or items obtained from any part of the Auction Website. 7.8 Entire agreement: These terms and conditions supersede all previous conditions, understandings, commitments, agreements and representations whatsoever whether oral or written, and constitutes the entire agreement, between the parties, relating to the subject matter of these terms and conditions. |
