Terms and Conditions

 

 

123Sold Terms and Conditions

 

Welcome to 123Sold.com.au by using the site you agree to the terms and conditions for access to and use of the www.123sold.com.au website and its services before using the website.

Please read the Terms and Conditions carefully.
If you do not agree to the terms and conditions, then you cannot not use the site.

www.123sold.com.au  is a 100%  Australian website, owned by 123Sold Pty Ltd (ACN 126 226 453)

By registering and using the 123sold.com.au website you have agreed to 123Sold.com.au's Terms and Conditions " and will be bound and deemed as having accepted the terms and conditions detailed below.

The key points in this agreement which are the conditions of using 123sold.com.au are as follows;

You will not offer for sale any Item:

  • Which is false or misleading.
  • Which you are not legally able to sell, or which you cannot sell to the buyer free from all charges liens and encumbrances;
  • Prohibited items in contravention of any law or regulations governing the sale of the same;
  • A full listing of what constitutes a prohibited item can be found here.
  • Any production, art work and advertising for sale which infringes any copyright, patent, trademark, trade secret or other proprietary rights or rights of publicity or privacy or any other form of property or proprietary rights, whether intellectual or otherwise or may infringe third party rights.
  • Which contains defamatory, trade libellous, unlawfully threatening or unlawfully harassing statements whether such statements be in the form of words, drawings, photographs, 3-dimensional representations or otherwise.
  • Which is obscene, indecent material or contains child pornography.
  • Copy, modify, or distribute any other person's content without their consent.
  • Use any form of automated procedures to access 123Sold.com.au to collect content for any purpose without express written permission by 123Sold.com.au.
  • You cannot collect information about users and others from the 123Sold website, including email addresses, without their consent.
  • Use any form of technology to bypass methods used by 123Sold.com.au to prevent or restrict access to the databases and structure of 123Sold.com.au

This Agreement may be amended by 123Sold.com.au at any time.
 Amendments will automatically be effective 7 days after they are posted on the website.

We recommend you check periodically to see what amendments have been made to this agreement.

If you continue to use the site or the services provided by 123Sold.com.au after the posting of an amendment to these Terms and Conditions it will be deemed you have accepted the amendments which have been made to the agreement.

DEFINITIONS

Definition of words and phrases.

In this Agreement, the following words and expressions shall have the following meanings:

"Buyer" means a person who places an order with a Seller for an Item pursuant to this Agreement.

"BuyNow" means a listing feature that lets a buyer purchase an Item immediately for a fixed price set by the Seller.

"Checkout" means a restricted area of the Site which provides a facility for a Buyer to inform a Seller of their transaction details.

"Item" means a good or service offered for sale at the Site pursuant to this Agreement.

"Rating" means ratings and comments to be posted by a User in relation to a transaction, involving a Seller, that has occurred using the Site.

"Score" means a total of points a User has received due to other Users leaving them Ratings.

"Seller" means a person offering an Item for sale at the Site pursuant to this Agreement.

"Services" means the online classifieds and all other services offered by 123Sold.com.au on the Site.

"User" means as a User of the Site, including but not limited to its members and buyers and sellers, and unless the context states otherwise includes you.

Formation of Contract

In order that a legally binding contract can be formed between 123Sold.com.au and a member, the member is required to accept these Terms and Conditions unconditionally by clicking the "I have read and accept 123Sold.com.au's Terms and Conditions" checkbox during the registration process.

123Sold.com.au in its absolute discretion reserves the right to refuse, suspend or cancel the membership of any member without notice.

These Terms  and Conditions shall override any contrary terms or conditions published by 123Sold.com.au or appearing on the website pertaining to members.

In consideration of 123Sold.com.au agreeing to your use of the Site, you agree to comply with these Terms and Conditions.

Services



Registration of Membership.
You may become a member by supplying all the information on the registration page of 123Sold.com.au and you are required to accept these Terms  and Conditions unconditionally by clicking the "I have read and accept 123Sold.com.au's Terms and Conditions" checkbox during the registration process.

Membership

You must be older than or at 18 years old.
When you register as a member, you warrant you can form a legally binding contract.
Your 123Sold.com.au account, User ID, Password, Scores and Ratings, cannot be transferred or sold to another party.

When registering, ensure your User ID is not abusive, illegal, indecent, obscene, offensive, racist or threatening in any way and not in breach of any of 123Sold.com.au policies or rules

We will remove and disable any account which we deem are abusive, illegal, indecent, obscene, offensive, racist or threatening in any way.

User Id, cannot use a term that could be confused with someone else’s trademark or brand (eg.Myer or Adidas-shoes), unless you have authority from the trademark owner.

No email / URL as User
You may not register a User ID or create an ID which is or represents an email address or web site address (URL).

Fees

123Sold.com.au does not charge you for joining as a member or for listing items for sale. 123Sold.com.au does charge a fee for special features such as “featured listing” and some advertising locations on the site.

123Sold.com.au does charge a fee for “Buy it Now” features on the site

123Sold.com.au reserves the right to change the fees charged for any of its services at any time.
In the event that 123Sold.com.au introduces a new service, the fees for that service are effective at the launch of the service, unless otherwise stated.

All fees are inclusive of GST and in Australian dollars, unless otherwise stated in these Terms and Conditions.

Payment of fees is made through www.paypal.com and paid to orders@fanstorm.com

The fees are non-refundable and you are responsible for paying them when they become due.
If you do not pay your fees, we may limit your ability to use the services.
If your account is overdue, we may forward your details to a debt collection agency to collect the fees owed.

Any additional costs incurred by the courts and or debt collection agencies in recovering the outstanding fees will be add to the amount owed to 123Sold Pty Ltd  Trading as 123Sold.com.au
 

123Sold.com.au

123Sold.com.au is a website for members to offer, sell or buy Items.

You are solely responsible for all information you submit to 123Sold and all or any consequences which may result from your post.

We reserve the right at our discretion to refuse or delete content we believe is inappropriate or breaches the terms and conditions.
 We also reserve the right at our discretion to restrict a user's access and use of the site either temporarily or permanently, or refuse a user's registration.

No warranty for goods offered.
You acknowledge that 123Sold.com.au does not see or examine items that are listed for sale and has no control whatsoever on the actual quantity, quality, safety, legality or the fitness for any purpose of the Item.
To the full extent permitted by law, 123Sold.com.au will not accept or assume any liability whatsoever in respect of the Item.

No warranty of completion of sale.
You acknowledge that 123Sold.com.au makes no representation as to the ownership of title in items or as to the ability of either a Buyer or Seller to complete a transaction.
123Sold.com.au does not warrant to any party that any Seller or Buyer will complete the sale or purchase of any Item.
All persons are urged to be aware of the risk of dealing with foreign nationals, underage persons or people acting under false identity or persons having no contracting capacities.

 

No warranty of identity of persons.
You acknowledge that 123Sold.com.au cannot and does not confirm the identity of each user.
You are advised to be careful in dealing with other users to avoid fraud.
You are encouraged to communicate directly with a proper or competent authority for the purpose of evaluating the person with whom you are dealing.
123Sold.com.au takes no responsibility for any action or omission of any user.

No warranty as to accuracy of information.
You acknowledge that 123Sold.com.au does not control the information provided by other users which is made available through this Site.
123Sold.com.au therefore makes no warranty as to the accuracy of any information provided by any person through the use of the Services.

To the full extent permitted by law, 123Sold.com.au does not accept responsibility for any loss or damage, however caused (including through negligence) which you may directly or indirectly suffer in connection with you use of the site, nor does it accept any responsibility for any such loss arising out of your use of or reliance on information contained on or accessed through the site.

Release of 123Sold.com.au.
In case of any dispute between Users or any dispute arising from the use of the Services, 123Sold.com.au shall (to the full extent permitted by law) be released from all liabilities claims, demands and damages (actual and consequential) of every kind and nature, known and unknown, suspected and unsuspected, disclosed and undisclosed, arising out of or in any way connected with such disputes.

To the extent that any liability of 123Sold.com.au in connection with the supply of goods or services cannot be excluded, then, to the full extent permitted by law, that liability is limited, at 123Sold.com.au' discression, to
(1) replacing or repairing the relevant goods,
(2) supplying goods equivalent to the relevant goods,
(3) supplying the relevant services again or
(4) paying the cost of such replacement, repairs or supply.

Costs of 123Sold.com.au.
If 123Sold.com.au is required by you or by your order in any litigation in which you are involved whether under subpoena or order of the Court of any competent jurisdiction, including complying with any order for discovery or attending court for giving evidence, you shall bear all costs incurred by 123Sold.com.au in connection with the provision of such service, including 123Sold.com.au's costs for taking legal or other professional advice or representation (in all such cases, the costs shall be calculated on an indemnity basis).

For the purposes of this clause, the term 123Sold.com.au will mean 123Sold.com.au, its officers, employees, contractors and agents, whether individually or collectively.

This clause will survive the expiration or termination of these Terms and Conditions.

Obligations

As a Buyer.
(1) As a Buyer, once the price and details have been confirmed (Preferably in writing such as an email) you must complete the transaction in the manner specified unless you have a good reason to suspect that the seller is not who they purport to be.

By agreeing to purchase, you warrant and represent to the seller that you have the legal right to enter into and complete the transaction.
(2) The Buyer shall contact the seller to make arrangements for the completion of the transaction.
(3) You must pay to the seller the total due once the total due is confirmed by the seller.

Obligations as a Seller.
If you are a Seller, you must ensure that the Item being offered for sale is accurately described and available in sufficient quantity. By listing an Item, you are making an irrevocable offer to sell at a price determined by you to the buyer unless:
(1) you have good reason to believe the buyer is not who they purport to be; or
(2) the Buyer fails to meet the terms of payment as stipulated by you in your listing.
Return and exchange policies.
The Item sold may or may not be returned depending on your agreement with the seller.
All requests for return of the Item shall be made directly to the seller concerned.
123Sold.com.au will not be responsible for processing such requests.

Method of delivery
The method of delivery is based on the arrangements set by the seller or agreement.
The Item may be collected by the buyer or be delivered to the buyer by the method specified by the seller.


Payment.
The method of payment is based on the mutual agreement between the seller and the buyer and depending on the method of delivery.

Safe Trading Guidelines.
We recommend both buyers and sellers read our page on protecting yourself online.
We want you to have free and safe trading on 123Sold.com.au.

Sellers

Forbidden Dealings.
You shall not offer for sale any Item:

  • Which is false or misleading.
  • Which you are not legally able to sell, or which you cannot sell to the buyer free from all charges liens and encumbrances;
  • Prohibited items in contravention of any law or regulations governing the sale of the same;
  • A full listing of what constitutes a prohibited item can be found here.
  • Any production, art work and advertising for sale which infringes any copyright, patent, trademark, trade secret or other proprietary rights or rights of publicity or privacy or any other form of property or proprietary rights, whether intellectual or otherwise or may infringe third party rights.
  • Which contains defamatory, trade libellous, unlawfully threatening or unlawfully harassing statements whether such statements be in the form of words, drawings, photographs, 3-dimensional representations or otherwise.
  • Which is obscene, indecent material or contains child pornography.
  • Copy, modify, or distribute any other person's content without their consent.
  • Use any form of automated procedures  to access 123Sold.com.au to collect content for any purpose without express written permission by 123Sold.com.au.
  • You cannot collect information about users and others from the 123Sold website, including email addresses, without their consent.
  • Use any form of technology to bypass methods used by 123Sold.com.au to prevent or restrict access to the databases and structure of 123Sold.com.au


Offering items for sale on this Site, the seller  must warrant and undertake to 123Sold.com.au and all buyers that:
(1)The seller will not engage in the forbidden dealings set out above;
(2) The seller will ensure the information supplied is correct and accurate in all material respects.
(3) Statements provided by the seller will not contain defamatory, trade libellous, unlawfully threatening or unlawfully harassing comments;
(4) The seller will ensure NO obscene material, sexual explicit material or child pornography is submitted;
(5) The seller will ensure content does not contain viruses, Trojan horses, worms, time bombs, bots or other computer programming routines that are intended to damage, detrimentally interfere with, intercept or expropriate any system, data or personal information;
(6) The seller will ensure no hyperlinks are used unless permitted by 123Sold.com.au;
(7) The seller will ensure  the items offered are not in the Prohibited Items List;
(8) The seller will ensure they will not list or offer or sell any Item which, by paying to 123Sold.com.au any fees, could cause 123Sold.com.au to violate any applicable law, statute, ordinance or regulation.

In using the Site, you must not create any link directly or indirectly to any other website which;
(1) offers goods or services that are prohibited under this Agreement;
(2) where the other website lists the same item you propose to sell;
(3) where the other website contains an offer to sell identical items which are priced lower than your item's price;
(4) you do not otherwise have a right to link to or include.
(5) Offers any form of reselling of a service, promotion, pop over and pop under banners or other similar sites.

 

Selling outside 123Sold.com.au:
(1) You may not use 123Sold.com.au to conduct transactions outside 123Sold.com.au.
(2) You may not include in your listing description, suggestions to conduct transactions outside 123Sold.com.au.
(3) If you offer a potential buyer another item it must be listed and not finalised outside 123Sold.com.au.

 

Rights of 123Sold.com.au

123Sold.com.au has the right to suspend or terminate your account without any compensation if you have:
(1) breached the Terms and Conditions set out in this agreement; or
(2) (by conviction, settlement, insurance or escrow investigation, or otherwise) engaged in fraudulent activity in connection with this Site.

Rights as regards materials supplied by a user.
123Sold.com.au shall have the absolute and unfettered right to reject or remove any information or materials supplied by you without notice or compensation. Without derogating from this right, 123Sold.com.au shall have the right to reject or remove any information or materials supplied if 123Sold.com.au shall consider (without having to assign any reason therefore) that the information or material, if published or continued to be published, would cause 123Sold.com.au to incur any liability to third parties or would cause 123Sold.com.au to be in breach of any law or regulations of any competent jurisdiction or rights of third parties.

Right to withdraw Item.
123Sold.com.au shall have the absolute and unfettered right to withdraw any Item without notice or compensation to a Seller or prospective Buyer. Without limiting this right, 123Sold.com.au shall have the right to withdraw an Item if:
(1) the Item is within 123Sold.com.au's Prohibited Items List, Prohibited Items List may be updated by 123Sold.com.au from time to time;
(2) you are found to have breached the Terms and Conditions set out in this Agreement or your account is suspended by 123Sold.com.au pursuant to the terms of this Agreement;
(3) if 123Sold.com.au is unable for any reason whatsoever to verify or authenticate any information provided by you; or
(4) the Item is in breach of 123Sold.com.au's Listing Policy, The Listing Policy may be updated by 123Sold.com.au from time to time.

Account termination.
Upon termination of the account, 123Sold.com.au shall, upon your written request, return any amounts owing to you in your pre-paid 123Sold.com.au account, subject to 123Sold.com.au's retention of a $5.00 administration fee.

Specific Warnings

You must ensure that your access to this 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 the Site does not expose you risk of viruses or other forms of interference which may damage your computer system.

123Sold.com.au does not warrant to you that the Services will be available at all times or at any specific times.

123Sold.com.au is not responsible in the event a transaction is not processed due to technical difficulties affecting the 123Sold.com.au system.

123Sold.com.au does not undertake to retain listings or to retain records of specific transactions.

123Sold.com.au is not responsible for ensuring that warranty obligations are honoured.

There is no contract of sale between 123Sold.com.au and you, whether you are the Buyer or Seller. In the event that a bid is accepted by a Seller, a contract of sale will be formed directly between the Buyer and the Seller. 123Sold.com.au does not act as agent for either party.

Restricted Use

Unless 123Sold.com.au agrees otherwise in writing, you are provided with access to the Site only for your personal use. Without limiting the foregoing, you may not without 123Sold.com.au's written permission on-sell or otherwise on-transmit information obtained from this Site.

Security of Information

Unfortunately, no data transmission over the internet can be guaranteed as totally secure. 123Sold.com.au does not warrant to you and cannot ensure the security of any information which you transmit to it. Accordingly, any information which you transmit to 123Sold.com.au is transmitted at your own risk. Nevertheless, once 123Sold.com.au receives your transmission, it will take reasonable steps to preserve the security of such information.

No Warranties

This Site is provided by 123Sold.com.au on an "as-is" basis and the only obligations on 123Sold.com.au are set out in this Agreement.

To the full extent permitted by law:
(1) 123Sold.com.au will be under no liability to you in respect of any loss of damage (including any indirect or 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 Services offered over this Site or in respect of a failure or omission on the part of a Seller to complete a sale;
(2) 123Sold.com.au gives no warranty or condition, express or implied other than those expressly set out herein;
(3) 123Sold.com.au does not warrant that the functions contained in this Site and the Services provided will be uninterrupted or error free, that defects will be corrected, or that this Site or its servers are free of viruses or other harmful components;
(4) 123Sold.com.au does not warrant or make any representations regarding the use or the results of the use of this Site; and
(5) 123Sold.com.au expressly excludes all guarantees, terms, representations and warranties that would otherwise arise or be implied by law in respect of any Item.

The payment gateway and the ancillary payment processing facilities are provided to you for convenience only and 123Sold.com.au gives no warranty, expressed or implied, in connection with such facilities. To the full extent permitted by law, 123Sold.com.au will in no event be liable for any loss, damages, costs or expenses suffered or incurred by you arising out of or as a result of any error and/or mistake and/or misstatement in debiting or crediting your credit card account, as well as any malfunction, failure, disruption, downtime, interruption, miscalculation, delay, inaccuracy, loss or corruption of data, or any other non-performance related to the payment gateway facilities.

Privacy

123Sold.com.au has a Privacy Policy which applies to all members and is incorporated into these Terms  and Conditions by reference.

Our current Privacy Policy is available (at http://www.123Sold.com.au.com.au/public/privacy.htm). You must read and accept the Privacy Policy upon registration in order to use the Site, and you will continue to be bound by its provisions (and any amendments 123Sold.com.au make to the Privacy Policy) while you are a member of 123Sold.com.au.

Copyright

Copyright in this Site (including text, graphics, logos, icons, audiovisual material and software) is owned or licensed by 123Sold.com.au. Other than for the purposes of and subject to the conditions described under the Copyright Act 1968 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 content of the Site; or commercialise any information, products or services obtained from any part of this Site without 123Sold.com.au's prior written permission.

Indemnity

You agree to indemnify and hold us and (as applicable) our parent, subsidiaries, affiliates, officers, directors, agents, and employees, harmless from and against any claims, demands, proceedings, losses and damages (actual, special and consequential) of every kind and nature, known and unknown, including reasonable solicitors' fees, made by any third party due to or arising out of your breach of this Agreement or the terms and policies it incorporates by reference, or your violation of any law or the rights of a third party.

Miscellaneous

System Integrity.
You must not:
(1) use any device, software or routine to interfere or attempt to interfere with the proper working of this Site

(2) take any action which imposes an unreasonable or disproportionately large load on the infrastructure of this Site;
(3) disclose or share your password to any third parties or use his/her password for any unauthorized purpose.

General Compliance with Laws.
You shall comply with all applicable laws, statutes, ordinances and regulations regarding his/her use of the Services and any bidding on, listing, purchase and sale of the Item herein.

No Agency.
Nothing herein contained shall constitute or create any relationship of agency, partnership, joint venture, employee/employer or franchiser/franchisee between 123Sold.com.au and any Seller, Buyer or other Users of this Site or the Services.

Notices.
Except as explicitly stated otherwise, any notices shall be given by way of email, and in respect of the User, notices shall be deemed given if sent to the email address provided by the User to 123Sold.com.au during registration process or such other address as the User shall specify, or by posting such notices on this Site. Alternatively, 123Sold.com.au may give notice to the User by pre-paid ordinary post to the address provided to 123Sold.com.au during the registration process. In such case, notice shall be deemed given 5 days after the date of mailing.

Severability.
Any provision of this Agreement prohibited by or unlawful or unenforceable under any applicable law actually applied by any court of competent jurisdiction shall, to the extent required by such law, be severed from this Agreement and rendered ineffective so far as is possible without modifying the remaining provisions of this Agreement. Where, however, the provisions of any such applicable law may be waived, they are hereby waived by the parties hereto to the full extent permitted by such law to the end that this Agreement shall be valid, binding and enforceable in accordance with its terms.

If any provision of this Agreement is held to be invalid or unenforceable, such provision shall be struck out of these Terms and Conditions and the remaining provisions shall remain in force. Headings are for reference purposes only and in no way define, limit, construe or describe the scope or extent of such section. 123Sold.com.au's 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.

Please do not assume that the practices or conduct of other Users that you observe is necessarily in conformance with their obligations under this Agreement or that you may act similarly. 123Sold.com.au does not approve or validate transactions, advice or communications, and you accept sole responsibility for the legality of your actions under laws applying to you.

123Sold.com.au does not accept any obligation to protect you from any unsafe merchandise, products or services that may be offered on 123Sold.com.au. Please do not assume that such items offered will be harmless to people or property.

Governing Law and Jurisdiction

This Agreement is subject to the laws of New South Wales, Australia.

Termination/Survival:
This Agreement and/or your access to this site may be terminated by us at any time without notice. Where this agreement is terminated, those clauses capable of surviving such termination shall do so.

 

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