The following describes the terms on which
AboriginalArtz.Com offers you access to our services.
Welcome to the AboriginalArtz.com User Registration Agreement. This
Agreement describes the terms and conditions that govern your use of our
services at http://www. aboriginalartz.com (our "Site"). Before you may become a
member of our Site you must read, agree with and accept all of the terms and
conditions contained in this Agreement and AboriginalArtz.com 's policies,
including its Privacy Policy (the "Policies"). These Policies change from time
to time, and you agree that they form part of this Agreement. Policies of
particular importance are the policies relating to: Each time you use our
services you confirm your agreement to be bound by and acknowledge any changes
to the Agreement (including the Policies). You also undertake to familiarise
yourself with and comply with the Policies relevant to your use of our Site and
the services provided under this Agreement (as may be amended from time to
time). As you read this Agreement, you should also access and read the
information contained in the other pages and websites referred to in this
Agreement. Please note: underlined words and phrases are click-through links to
these pages and websites.
By accepting this Agreement (including the Policies) you agree to be bound by
it and also the User Agreements and posted terms and conditions on other
websites operated by AboriginalArtz.com and its related and affiliated
companies, to the extent that you use those websites.
We may amend the terms and conditions of this Agreement from time to time.
Amended terms will be posted on our Site. Except as stated in this Agreement, in
a Policy, or as otherwise notified to you, all amended terms will automatically
be effective 30 days after they are initially notified on our Site. If you do
not agree with such changes to this Agreement (or any of our Policies), you must
terminate your membership of AboriginalArtz.com . If, after any such changes to
this Agreement or any of our Policies you continue to be a member of our Site,
you will be considered by us to have accepted the varied terms as part of the
Agreement.
Except as specifically described in or authorised by this Agreement, the
terms of this Agreement and any of our Policies cannot be amended except in
writing signed by you and AboriginalArtz.com .
In this Agreement where the context permits a reference to "you" includes
anyone acting on your behalf or with your express or implied authority. A
reference to this Agreement includes the Policies, unless stated otherwise.
1.
Membership Eligibility.
AboriginalArtz.com offers its services to its
members. Membership is a privilege, not an entitlement, and AboriginalArtz.com
may change its services and suspend, terminate or restrict your membership at
any time if it believes that this is reasonably justified within the terms of
this Agreement or any of its Policies. In the event that AboriginalArtz.com
changes its services, suspends, terminates or restricts your membership in the
circumstances outlined above or in this Agreement, you may not be able to access
our services temporarily or permanently and you are prohibited from applying for
a new account.
Our services are only available to, and may only
be used by, individuals (that is, natural persons and not corporate entities)
who can form legally binding contracts under applicable law. Without limiting
the foregoing, our services are not available to persons under 18 years of age.
If you do not qualify, you must not use our services. Although an account may be
styled in a corporate, company or business name, it at all times is taken to be
the personal account of the member who is registered on the account.
Your membership is not transferable. Your
AboriginalArtz.com account (including feedback and associated member UserID) may
not be dealt with in any way. In particular, you must not allow others to use
them and must not transfer or sell them to another party. While you are a member
you must maintain control of your account. You are responsible for what occurs
on that account and must report any unauthorised use of your account or UserID
to us.
2.
Fees and Services.
Joining (creating an AboriginalArtz.com account)
and bidding on our Site is free. Listing and selling items on our Site incurs
fees. When you list an item you have an opportunity to review and accept the
fees that you will be charged for the use of our services.
If we introduce a new service, the fees for that
service are effective at the launch of the service. Unless otherwise stated, all
fees are quoted in Australian Dollars. You are responsible for paying all fees
associated with using our services and our Site and all applicable taxes
(including any goods and services or value added taxes, which will be added to
amounts billed to you, if applicable). You must not charge a buyer any
AboriginalArtz.com fees as an additional charge on top of the final price of an
item. For this reason, you may wish to consider AboriginalArtz.com fees when
determining the minimum or fixed price at which you list an item.
3.
AboriginalArtz.com is not an Auctioneer..
3.1 Online Auctions. It is important to
realise that we are not a traditional "auctioneer". Instead, our Site merely
acts as an online venue to allow members to communicate and offer, sell, and buy
aboriginal and indigenous art and crafts, at anytime, from anywhere, in a
variety of formats, including a fixed price format and an auction-style format
commonly referred to as an "online auction". YOU ACKNOWLEDGE AND AGREE THAT
ABORIGINALARTZ.COM IS NOT INVOLVED IN THE ACTUAL TRANSACTION BETWEEN BUYERS AND
SELLERS. AS A RESULT, ABORIGINALARTZ.COM HAS NO CONTROL OVER THE QUALITY, SAFETY
OR LEGALITY OF ITEMS OR CONTENT POSTED BY MEMBERS ON OUR SITE, THE TRUTH OR
ACCURACY OF LISTINGS, THE ABILITY OF SELLERS TO SELL ITEMS OR THE ABILITY OF
BUYERS TO BUY ITEMS. WE CANNOT ENSURE AND DO NOT GUARANTEE THAT A MEMBER OR
BROWSER OF OUR SITE WILL ACTUALLY COMPLETE A TRANSACTION OR ACT LAWFULLY IN
USING OUR SITE.
When you enter into a transaction you create a
legally binding contract with another member. You are responsible for ensuring
that you comply with your obligations to that other member. If you do not, you
may become liable to him or her. You must ensure that you are aware of any laws
relevant to you as a buyer or seller, or in any other uses you make of our Site.
If another member breaches any obligation to you, you - not AboriginalArtz.com
- are responsible for enforcing any rights that you may have.
Except as specifically advised otherwise on our
Site, AboriginalArtz.com does not offer any form of insurance or other buyer or
seller protection which will assist you, because our Site merely provides the
online venue for members to offer, sell, and buy and we are not otherwise
involved in the transactions and interactions between buyers and sellers.
However, some forms of payment permitted on the Site, such as PayPal or credit
card, may offer limited buyer or seller protection or chargeback services and
you should familiarise yourself with these before proceeding with a transaction
of any kind through the Site.
3.2 Safe Trading. Because user
identification on the Internet is difficult, AboriginalArtz.com cannot and does
not confirm each member's purported identity. Thus, we have established a
member-initiated feedback system to help you evaluate the member you choose to
deal with. We also encourage you to communicate directly with potential trading
partners through the tools available on our Site. You may also wish to consider
using a third party escrow service or services that provide additional user
verification.
3.3 Release. AboriginalArtz.com is not
involved in the actual transaction between buyers and sellers and to the extent
permitted by law AboriginalArtz.com specifically disclaims all liability for
any loss or damage, (actual, special, direct, indirect 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 your transaction.
AboriginalArtz.com is not involved with or a
party to any transactions that take place between members. AboriginalArtz.com
does not accept any liability in respect of your involvement in any mediation,
arbitration, tribunal hearing, court proceeding or other proceedings (of
whatever nature) with a buyer or a seller (as the case may be) in any way
arising out of or in any way connected with your transaction. AboriginalArtz.com
may plead this Agreement in bar to any claim, action, proceeding or suit
brought by you, against AboriginalArtz.com for any matter arising out of any
AboriginalArtz.com transaction or otherwise in respect of this Agreement.
3.4 Information Control. We send you
communications and notices regarding your transactions and your account on our
Site. They do not represent any endorsement, guarantee or legitimisation of your
transactions. You are responsible for completing all transactions you
participate in (including monitoring their status and complying with all
relevant legal obligations). Other members sometimes provide us with information
about a transaction. We do not control, endorse or approve this information by
making it available to you. You may find information posted by other members to
be offensive, harmful, inaccurate, or deceptive. Please use caution and common
sense, and practice safe trading when using our Site. Please note that there are
risks in using our Site, including dealing with under age persons or people
acting under false pretense. Additionally, there may be risks with international
trading and dealing with foreign nationals.
4.
Bidding and Buying.
By bidding on an item you agree with the seller to
be bound by the conditions of sale included in the item's description, subject
to any exceptions set out here, such as where the conditions of sale are in
breach of this Agreement or unlawful. If you purchase an item through one of our
fixed price formats or are the highest bidder on an item listed in auction
format, you are obliged to complete the transaction with the seller, unless the
item or transaction falls within the scope of a Non-Binding Bid, or is
prohibited by law, by this Agreement or by our Policies. You cannot retract a
bid except in exceptional circumstances. Subject to AboriginalArtz.com right to
temporarily suspend, indefinitely suspend or terminate your membership within
the terms of this Agreement or any of its Policies if you do not complete a
transaction without lawful excuse you may be in breach of your obligations to
both AboriginalArtz.com and the seller and you may be liable to each.
5.
Listing and Selling.
5.1 Listing Description. You must be
legally able to sell any item you list for sale on our Site. You must describe
your item fully and accurately and include all terms of sale on the listing page
of our Site. Your listings may only include text descriptions, graphics,
pictures, video and other content relevant to the sale of that item, including
any information that you are required to provide by any applicable law. The
listing and the content of the listing must be your own work or work that you
are legally entitled to use. All listed items must be listed in an appropriate
category.
5.2 Binding Bids. If you are a seller and receive
at least one bid at or above your stated minimum price (or in the case of
reserve auctions, at or above the reserve price), you are obligated to complete
the transaction with the highest bidder upon the item's completion, unless there
is an exceptional circumstance, such as:
1.
the buyer fails to meet the terms of your listing (such as payment
method);
2.
or you cannot authenticate the buyer's identity.
5.3 Fraud. Without limiting any other
remedies available to AboriginalArtz.com at law, in equity or under this
Agreement, AboriginalArtz.com may, in its sole discretion, suspend or terminate
your membership if we reasonably suspect or believe, or are informed by a
government authority, that you (by conviction, settlement, insurance or escrow
investigation, or otherwise in our sole discretion) have engaged or may engage
in fraudulent activity using, or otherwise in connection with your use of our
Site, and you will have no claim whatsoever against AboriginalArtz.com in
respect of any such suspension or termination of your membership.
5.4 Infringement of Rights. You must not,
by any means, infringe the rights (including intellectual property rights) of
others. Examples of prohibited conduct include listing or selling ‘knock offs'
and counterfeit items regardless of how you describe them.
5.5 Manipulation. Neither you, nor any
other bidders or sellers, may manipulate the price of any item by, for example,
conducting, encouraging or permitting certain activities (for example, shill
bidding). You also must not, in any way, interfere with the listings of other
members.
6.
Your Information
6.1 Definition. "Your Information" means
any item you list as well as any information you give to us or other members in
the registration, bidding or listing process, in any public message area
(including the discussion boards and in feedback) or through any email feature.
Your Information also includes the descriptions of items you list for sale or
display on our Site, as well as any content you post on other web pages within
our Site (including photographs or other images).
6.2 Restrictions. You are solely
responsible for Your Information. We act as a passive conduit for your online
distribution and publication of Your Information.
Your Information must not, in any way whatsoever, be
potentially or actually harmful to AboriginalArtz.com or any third party,
where "harm" includes, but is not limited to non-economic loss that will or may
be suffered by AboriginalArtz.com . The Policies contain detailed statements of
prohibited conduct relating to Your Information. Without limiting any provision
of this Agreement, Your Information must be up to date and kept up to date and
must not:
1.
be false, inaccurate or misleading or deceptive;
2.
be fraudulent or involve the sale of counterfeit or stolen items;
3.
infringe any third party's copyright, patent, trademark, trade secret or
other proprietary rights or intellectual property rights, rights of publicity,
confidentiality or privacy;
4.
violate any applicable law, statute, ordinance or regulation (including,
but not limited to, those governing export and import control, consumer
protection, unfair competition, criminal law, antidiscrimination and trade
practices/fair trading laws);
5.
be defamatory, libellous, threatening or harassing;
6.
be obscene or contain any material that, in AboriginalArtz.com sole and
absolute discretion, is in any way inappropriate or unlawful, including, but not
limited to obscene, inappropriate or unlawful images and, if otherwise adult in
nature;
7.
contain any content that is prohibited or that, in AboriginalArtz.com
sole and absolute discretion, may be prohibited content for the purposes of the
Broadcasting Services Act 1992 (Cth) (for more information about this
legislation, please refer to the Internet Industry Association's Codes of
Practice located at
http://www.iia.net.au);
8.
contain any malicious code, data or set of instructions that
intentionally or unintentionally causes harm or subverts the intended function
of any AboriginalArtz.com website, including, but not limited to viruses,
Trojan horses, worms, time bombs, cancelbots, easter eggs or other computer
programming routines that may damage, modify, delete, detrimentally interfere
with, surreptitiously intercept, access without authority or expropriate any
system, data or personal information;
9.
create liability for us or cause us to lose (in whole or in part) the
services of our ISPs or other suppliers; or
10. link directly
or indirectly to or include descriptions of goods or services that:
1.
are prohibited under this Agreement;
2.
are concurrently listed for sale on a web site other than
AboriginalArtz.com (this does not prevent linking to or advertising an
AboriginalArtz.com item from another web site); or
3.
you do not have a right to link to or include.
Furthermore, you may not list any item on our Site
(or complete any transaction that was initiated using our service), if the
payment to us of the listing fee or the final value fee, would be likely to
cause us to violate any applicable law, statute, ordinance or regulation.
6.3 License. Solely to enable
AboriginalArtz.com to use the information you supply us with, so that we are
not violating any rights you might have in that information (including any
intellectual property rights), you agree to grant us a non-exclusive, worldwide,
perpetual, irrevocable, royalty-free, sublicensable (through multiple tiers)
right to do and authorise the doing of all acts comprised in the copyright and
to exercise the publicity, and database rights (but no other rights) you have in
Your Information, in any media now known or not currently known, with respect to
Your Information. AboriginalArtz.com will only use Your Information in
accordance with our Privacy Policy. We need this to use and display your
content.
7.
Access and Interference.
Our Site contains robot exclusion headers and you
agree that you will not use any robot, spider, other automatic device, or manual
process to monitor or copy our web pages or the content contained herein without
our prior written permission. You agree that you will not use any device,
software or routine to bypass our robot exclusion headers, or to interfere or
attempt to interfere with the proper working of our Site or any transaction
being conducted through our Site. You agree that you will not take any action
that imposes an unreasonable or disproportionately large load on our
infrastructure. Much of the information on our Site is updated on a real time
basis and is proprietary or is licensed to AboriginalArtz.com by our members or
third parties. You agree that you will not copy, reproduce, alter, modify,
create derivative works, or publicly display any content (except for Your
Information) from our Site without the prior written permission of
AboriginalArtz.com or of the party authorised to grant such permission.
8.
Feedback.
Feedback belongs to AboriginalArtz.com although we
permit you to use it on our Site while you remain a member. You may not use it
or deal with it in any way inconsistent with our Policies, without our prior
written permission.
You may not do (or omit to do) anything that may
undermine the integrity of the feedback system. We are entitled to suspend or
terminate your membership at any time if we, in our sole and absolute
discretion, are concerned by any feedback about you, or your feedback rating is
considered to be problematic to AboriginalArtz.com .
8.1 Export. You acknowledge that your
feedback consists of comments left by other members and a composite feedback
number compiled by AboriginalArtz.com , and that the composite number without
the comments does not convey your full user profile. Because feedback ratings
belong to AboriginalArtz.com and are not designed for any purpose other than
facilitating trading between AboriginalArtz.com members, you may not use your
AboriginalArtz.com feedback (including, but not limited to, marketing or
exporting your rating or feedback comments) in any real or virtual venue other
than a website operated by AboriginalArtz.com or its related and affiliated
companies
8.2 Import. We do not provide the technical
ability to allow you to import feedback from other websites to
AboriginalArtz.com because a composite number, without the corresponding
feedback does not reflect your true online reputation within our community.
9.
Breach.
WITHOUT LIMITING OTHER REMEDIES AVAILABLE TO
ABORIGNALARTZ.COM AT LAW, IN EQUITY OR UNDER THIS AGREEMENT, WE MAY, WITHOUT
NOTICE TO YOU AND IN OUR SOLE DISCRETION (WHICH SHALL BE EXERCISED REASONABLY,
HAVING REGARD TO THE CIRCUMSTANCES), DELAY LISTING YOUR ITEM, ISSUE YOU A
WARNING, RESTRICT YOUR ACTIVITIES THROUGH OUR SITE (INCLUDING BUT NOT LIMITED TO
BUYING, SELLING AND CHATBOARD POSTING ACTIVITIES), TEMPORARILY SUSPEND,
INDEFINITELY SUSPEND OR TERMINATE YOUR MEMBERSHIP AND REFUSE TO PROVIDE OUR
SERVICES TO YOU IF:
1.
you have, or we believe that you have, breached this Agreement, which
includes any of our Policies in any way (including those Policies referred to in
Clause 18 below);
2.
we are unable to verify or authenticate any information you provide to
us;
3.
we believe that your actions may cause loss or damage to or otherwise
unlawfully harm you, our members, third parties or us, our related bodies
corporate or affiliates, our directors, employees or agents; or
4.
if we reasonably believe that any of Your Information (which includes an
item listed on the Site) is inappropriate or of an offensive nature.
For security, confidentiality and privacy reasons,
we are not obligated to provide you or other members the details of any
investigation that we conduct or any action which we take, in relation to your
membership or your account other than those that are already provided to you by
us.
10.
Privacy.
AboriginalArtz.com has a Privacy Policy which
applies to all members and forms part of this Agreement. You must read and
accept our Privacy Policy upon registration in order to use our Site, and you
will continue to be bound by its provisions (including any amendments we make to
it) while you are a member of our Site.
We may, without notice to you, either before or
after disclosure, disclose information about you to government or other
authorities, as permitted by the Privacy Policy.
11.
No warranty.
11.1 WE AND OUR SUPPLIERS PROVIDE OUR SITE
AND SERVICES ON AN "AS IS" BASIS, AND WITHOUT ANY WARRANTY OR CONDITION, EXPRESS
OR IMPLIED. TO THE EXTENT PERMITTED BY LAW, WE AND OUR SUPPLIERS SPECIFICALLY
DISCLAIM ANY IMPLIED WARRANTIES OF TITLE, MERCHANTABILITY, FITNESS FOR A
PARTICULAR PURPOSE AND NON-INFRINGEMENT UNLESS WE ARE REQUIREED TO PROVIDE SUCH
WARRANTIES UNDER APPLICABLE LAW. For example, consumers (as defined by consumer
protection laws) may be entitled to the benefit of certain warranties under
applicable trade practices or fair trading legislation in Australia. If you are
considered a consumer under an Australian consumer protection law that applies
to AboriginalArtz.com , you will be entitled to the benefit of certain
warranties under that legislation. For more information on consumer protection
laws, please visit
www.accc.gov.au or the website of your state fair trading agency.
Furthermore we do not guarantee continuous, uninterrupted or secure access to
our services, and operation of our Site may be interfered with by numerous
factors outside our control. To the extent that such factors are outside of our
control, AboriginalArtz.com shall not be liable.
11.2 To the extent that AboriginalArtz.com
and all affiliates and related entities of AboriginalArtz.com are able to
limit the remedies available under this Agreement, and subject to Clause 12 of
this Agreement, AboriginalArtz.com and all affiliates and related entities of
AboriginalArtz.com expressly limit their liability for breach of a
non-excludable condition or warranty implied by virtue of any legislation to the
following remedies (the choice of which is to be at AboriginalArtz.com sole
discretion):
a. in the case of goods, any one or more of the
following:
1.
the replacement of the goods or the supply of equivalent goods;
2.
the repair of the goods;
3.
the payment of the cost of replacing the goods or of acquiring equivalent
goods; or
4.
the payment of the cost of having the goods repaired; and
b. in the case of services:
5.
the supply of the services again; or
6.
the payment of the cost of having the services supplied again.
However, if you are considered a consumer under an
Australian consumer protection law that applies to AboriginalArtz.com , and you
use our services for personal, domestic or household use, this clause 11.2 will
not apply to you. For more information on consumer protection laws, please visit
www.accc.gov.au or the website of your state fair trading agency, or consult
with a legal practitioner.
11.3 If you are a New Zealand resident and
the New Zealand Consumer Guarantees Act 1993 would otherwise apply to you, you
agree that the provisions of the Consumer Guarantees Act 1993 will not apply to
the supply of our services or to this Agreement.
12.
Liability limit.
12.1 TO THE EXTENT PERMITTED BY LAW IN NO
EVENT SHALL WE, OUR AFFILIATES AND RELATED ENTITIES OR OUR SUPPLIERS BE LIABLE
FOR LOST PROFITS OR ANY SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES ARISING OUT
OF OR IN CONNECTION WITH OUR SITE, OUR SERVICES OR THIS AGREEMENT (HOWEVER
ARISING, INCLUDING NEGLIGENCE). YOU AGREE TO ACCEPT SOLE RESPONSIBILITY FOR THE
LEGALITY OF YOUR ACTIONS UNDER THE LAWS WHICH APPLY TO YOU. YOU AGREE THAT
ABORIGNALARTZ.COM AND ALL AFFILIATES AND RELATED ENTITIES OF ABORIGNALARTZ.COM
HAVE NO RESPONSIBILITY FOR THE LEGALITY OF OUR MEMBERS' ACTIONS.
TO THE EXTENT PERMITTED BY LAW, AND SUBJECT TO ANY
CONTRARY REQUIREMENTS ARISING UNDER ANY APPLICABLE LAW, OUR LIABILITY, AND THE
LIABILITY OF OUR RELATED BODIES CORPORATE, AFFILIATES OR SUPPLIERS, TO YOU OR
ANY THIRD PARTIES IN ANY CIRCUMSTANCE IS LIMITED TO THE GREATER OF:
o
THE AMOUNT OF FEES YOU PAY TO US IN THE 12 MONTHS PRIOR TO THE
ACTION GIVING RISE TO LIABILITY; OR
o
AUD$100.
12.2 Notwithstanding the above provisions,
nothing in this Agreement is intended to limit or exclude any liability on the
part of AboriginalArtz.com and its affiliates and related entities where and to
the extent that applicable law prohibits such exclusion or limitation including
those within the Trade Practices Act 1974 (Cth) and relevant state fair trading
legislation. For example, if AboriginalArtz.com is found (by judgment of a
court of competent jurisdiction) to have breached a warranty or condition
implied by law, and you are considered a consumer for the purpose of that law,
then the limitation of liability in clause 12.1 will not apply to you. For more
information on consumer protection laws please visit
www.accc.gov.au or the website of your state fair trading agency, or consult
with a legal practitioner.
13.
Indemnity
You agree to indemnify and hold us and (as
applicable) our related entities, affiliates, and our and their respective
officers, directors, agents, and employees, harmless from and against any and
all claims, demands, proceedings, losses and damages (actual, special and
consequential) of every kind and nature, known and unknown, including reasonable
legal fees, made by any third party due to or arising out of your breach of this
Agreement or your violation of any law or the rights of a third party.
14.
Legal Complianace
In addition to this Agreement, you must
familiarise yourself with, and comply with the Policies, domestic laws
(including common law) international laws, statutes, ordinances and regulations
regarding your use of our services including bidding on, listing, purchase,
solicitation of offers to purchase, and sale of items. In particular, you must
ensure that your activities, items you list (which is part of Your Information),
and the balance of Your Information do not violate the Broadcasting Services Act
1992 (Cth), the Trade Practices Act 1974 (Cth) and other relevant state-based
fair trading legislation. For more information about this legislation and other
legislation which may apply to you, you may wish to refer to
http://www.austlii.edu.au.
Notwithstanding successful conclusion of a
transaction you must ensure strict compliance with any particular formalities
which, if not complied with, will either render a transaction void or unlawful
(eg. the sale of interests in real property ordinarily requires a written
document to be created).
YOU ALONE, AND NOT ABORIGINALARTZ.COM, ARE
RESPONSIBLE FOR ENSURING THAT YOUR LISTING, BIDDING AND SELLING AND ANY OTHER
ACTIVITIES CONDUCTED ON OUR SITE ARE LAWFUL. YOU MUST ENSURE THAT YOU COMPLY
WITH ALL APPLICABLE LAWS IN AUSTRALIA AND OTHER COUNTRIES. YOU MUST ALSO ENSURE
THAT YOU STRICTLY COMPLY WITH THIS AGREEMENT AND THE POLICIES WHICH FORM PART OF
THE AGREEMENT.
15.
No Agency
No agency, partnership, joint venture,
employee-employer, franchisor-franchisee or other similar relationship is
intended to be or is created by this Agreement. In particular you have no
authority to bind AboriginalArtz.com, its related entities or affiliates in any
way whatsoever.
16.
Notices
Except as stated otherwise, any notices must be
given by registered ordinary post (or if posted to or from a place outside
Australia, by registered airmail) or by facsimile transmission to
AboriginalArtz.Com, 23 Collinson St, Westcourt, Cairns, QLD 4870 Australia.
Alternatively, we may give you notice by certified airmail, postage prepaid and
return receipt requested, to the address provided to AboriginalArtz.com during
the registration process, or as updated by you as relevant. Any notice shall be
deemed given (a) if sent by email, 24 hours after email is sent, unless the
sending party is notified that the email address is invalid, (b) if sent by
pre-paid post, three Business Days after the date of posting, and on the seventh
Business Day if sent to or posted from outside Australia, and (c) if sent by
facsimile transmission, on the Business Day the transmission is sent (as long as
the sender has a confirmation report specifying the facsimile number listed
above, the number of pages sent and the date of the transmission). For the
purposes of this section, "Business Day" means a day on which banks are open for
general business in Sydney, New South Wales, other than a Saturday, Sunday or
public holiday.
17.
Mediation and Dispute Resolution
We encourage you to try and resolve disputes with
other members directly with them, to use a certified mediation (such as online
dispute resolution processes) or an arbitration entity or to report disputes to
your local police or law enforcement agency as appropriate.
Any controversy or claim arising out of, or in
connection with, this Agreement between AboriginalArtz.com and you may be
settled by independent, confidential mediation by reference to a commercial
disputes centre, at either party's election. You and AboriginalArtz.com agree
to be bound by the outcome of such mediation. Each party will bear its own costs
(and split equally any joint costs) of mediating the dispute
18.
Important Terms
All Policies (as may be amended from time-to-time)
are incorporated into this Agreement by reference. You must read and agree to
these documents prior to becoming, and as a condition of remaining, a member of
AboriginalArtz.com , and you agree to be bound by them. We particularly draw
your attention to the Policies listed in the introductory section of this
Agreement and those listed below:
18.1 Our Privacy Policy is located at
http://
18.2 Our Outage Policy is located at
http://
18.3 Our Board Usage Policy is located at
http://
18.4 Our Non-Binding Bid Policy is located at
http://
18.5 Our Listing Policy is located at
http://
18.6 Our Seller Non-Performance Policy is located
at
http://
18.7 Our Fee Circumvention Policy is located at
http://
18.8 Our Excessive Postage and Handling Policy is
located at
http://
18.9 Our Prohibited and Restricted Items policies
are located at
http://
18.10 Our Unpaid Item Process is located at
http://
18.11 Our Accepted Payments Policy is located at
http://
19.
General
The Site and its associated services set out in
this Agreement are offered by AboriginalArtz.com
This Agreement will be governed in all respects by
the laws of the State of Queensland, Australia. You and AboriginalArtz.com
irrevocably submit to the non-exclusive jurisdiction of the courts of
Queensland, Australia. The provisions of this Agreement are severable, and if
any provision of this Agreement is held to be invalid or unenforceable, such
provision may be removed and the remaining provisions will be enforced. This
Agreement may be assigned by AboriginalArtz.com to a third party without your
consent in the event of a sale or other transfer of some or all of the assets of
AboriginalArtz.com . In the event of any sale or transfer you will remain bound
by the 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 an anticipated or actual breach by you or others does not
waive our right to act with respect to subsequent or similar breaches. This
Agreement may not be construed adversely against us solely because we prepared
it. This Agreement sets out the entire understanding and agreement between us
with respect to its subject matter. Sections 2 (Fees and Services), 3.3
(Release), 6 (Your Information), 7 (Access and Interference), 12 (Liability
Limit), 13 (Indemnity) and 17 (Mediation and Dispute Resolution) will survive
any termination or expiration of this Agreement.
Further Notice.
Disputes between you and AboriginalArtz.com
regarding our services, complaints or suggestions should be reported to
AboriginalArtz.com
