Terms and Conditions of Use for www.bikehaggle.com.au

1 GENERAL

1.1 The website www.bikehaggle.com.au ("the website") is operated by HaggleHQ (ABN 18 963 905 927) and/or its related bodies corporate (HaggleHQ). HaggleHQ provides services through the website including, but not limited to, classified advertising and the provision of space for the advertisement for sale of goods and services and the browsing of advertisements placed by other users.

1.2 HaggleHQ has the right, but not the obligation, to regulate content. "Content" includes advertisements and also includes (without limitation) any other postings, text, code, images, video, accounts, account information, messages, and any other communications posted to, stored on, or transmitted via the website.

1.3 By accessing or using the website you accept the terms, conditions and disclaimers set out on this web page, appearing elsewhere on the website (including the Privacy Policy), and any other terms agreed between you and HaggleHQ (collectively, "the terms and conditions"), and you are a "user". HaggleHQ may modify these terms at any time at its discretion, and any such modifications will be applicable to subsequent access to or use of the website.

1.4 If you do not accept or agree to any of the terms and conditions now or at any time in the future, you may reject the terms and conditions by immediately terminating access to and use of the website. In that case, further access or use is unauthorised.

2 USE OF WWW.BIKEHAGGLE.COM.AU

2.1 All content is the subject of copyright and is owned or licensed by HaggleHQ Pty Ltd. Content is provided for the internal or private use of users. You agree that you will not, without the consent of HaggleHQ Pty Ltd:

  1. use content for any commercial purpose;
  2. use any software or automated process to access or copy content to populate a database, to compete with HaggleHQ in any way, or to design, develop, or operate any application or service that enables operation of, or interoperation with, the website;
  3. reproduce, publish, broadcast or distribute content;
  4. reverse engineer or decompile any or all of the website in order to identify, copy, or emulate any source code.

2.2 HaggleHQ expressly disclaims all warranties for or with respect to—

  1. the security, reliability, timeliness, accuracy and performance of the website;
  2. computer worms, viruses, spyware, adware, and any other malware, malicious code or harmful content accessed, received, or disseminated through the website;

2.3 Limitations of liability:

  1. HaggleHQ is not liable for any harm, injury, loss or damage of any kind incurred including (without limitation) direct, indirect, incidental, special, consequential, statutory, exemplary, and punitive damages—
    1. arising out of, in any way related to, or as a result of your inability or the inability of other users to access the website or any content, or for the removal, deletion, limitation, modification, interruption, suspension, discontinuance or termination of the website or content accessed through the website;
    2. arising out of, in any way related to, or as a result of any access to, use of, or reliance on the website or content by you or by anyone else, or for any transactions, communications, disputes or relations between you and any other entity arising out of or related to the website or its content;
  2. HaggleHQ has the right to limit, modify, interrupt, suspend, or discontinue any or all of the website at any time without notice, and HaggleHQ will not be liable for any such limitations, modifications, interruptions, suspensions, or discontinuance, or for any harm, injury, loss or damage of any kind incurred including (without limitation) direct, indirect, incidental, special, consequential, statutory, exemplary, and punitive damages arising therefrom or related thereto;
  3. To the extent permitted by law you release HaggleHQ and any associated or related bodies corporate, servants, licensee’s, agents, predecessors, successors, assigns, service providers, and suppliers from all claims, demands, and damages of every kind and nature, known and unknown, direct and indirect, suspected and unsuspected, disclosed and undisclosed, arising out of or in any way related to the website or content accessed through the website, and in respect of any interactions with others arising out of or in any way relating to the website.
  4. HaggleHQ Pty Ltd's liability for breach of any implied warranty or term or condition that cannot be excluded is limited, at the option of HaggleHQ Pty Ltd, to either the re-supply of services or payment of the cost of re-supply of services.

2.4 In submitting content to HaggleHQ for publication on the website, you indemnify HaggleHQ Pty Ltd, its officers, employees, licensee’s and agents, against all liabilities, claims, demands, damages, costs and penalties suffered by HaggleHQ as a result of your breach of the terms and conditions.

3 BUYING AND SELLING ITEMS LISTED ON WWW.BIKEHAGGLE.COM.AU

3.1 HaggleHQ is not involved in, is not party to, makes no representations or warranties as to, and has no liability or responsibility with respect to any communications, transactions, interactions, or any other relations between you and any other user of the website.

3.2 You agree to indemnify and hold HaggleHQ harmless from and against any third-party claims, demands, or damages related to or arising out of your interactions with other users of the website. The indemnity in this clause extends to payment of any legal fees or costs incurred by HaggleHQ Pty Ltd.

3.3 HaggleHQ makes no guarantees, undertakings or warranties regarding the accuracy, truth, comprehensiveness or currency of information contained in advertisements, the suitability, quality, safety, merchantability, fitness for any particular purpose or legality of any of the goods or services advertised on the website, or the ability or capacity for sellers or buyers to complete or enforce a transaction regarding a good or service advertised on the website.

4 ADVERTISING ON WWW.BIKEHAGGLE.COM.AU

4.1 On application by you, HaggleHQ will, subject to the terms and conditions, publish content that you submit. You are solely responsible for any content you submit for publication, and if you create an account you are responsible for all content submitted through or by use of your account.

4.2 In submitting content to HaggleHQ Pty Ltd, you—

  1. warrant that you are authorised to use the content for the purposes of advertising;
  2. warrant that your use of the content does not infringe any third party rights, including intellectual property rights;
  3. warrant that you are at least 18 years of age;
  4. warrant that you are legally entitled to sell any good or service being advertised;
  5. warrant that any good or service for sale are located in Australia;
  6. agree that HaggleHQ may review the content for compliance with the terms and conditions prior to publishing the content;
  7. agree that HaggleHQ may postpone the publication of content until such time as any review undertaken pursuant to clause (f) is completed;
  8. grant to HaggleHQ a royalty-free, perpetual and irrevocable licence to display, distribute, prepare derivative works from, reproduce, modify, sub-licence, adapt, and otherwise use the content for any purpose including, but not limited to, the purpose of publishing your advertisement on the website or any other website as HaggleHQ decides from time to time;
  9. agree to comply with the guidelines for advertisements published by HaggleHQ as in force at the time of submitting the content and as modified thereafter;
  10. agree to provide any further information in connection with the content as HaggleHQ reasonably requires;
  11. agree to notify HaggleHQ and remove your advertisement from the website upon the sale, or withdrawal from sale, of any good or service the subject of the advertisement;
  12. agree that if your advertisement is a “wanted to buy” advertisement you will select the “I am Looking For” classification rather than the “I am Offering” classification, when creating your advertisement; and

4.3 You agree not to alter or amend an advertisement or the content of an advertisement to describe, or offer for sale, a good, service, or event which is different from the good, service, or event originally advertised.

4.4 HaggleHQ may, in its complete and unfettered discretion, remove from the website or refuse to place on the website—

  1. any content that HaggleHQ considers in its complete and unfettered discretion to be—
    1. offensive and/or inappropriate (including, without limitation, defamatory, threatening, hateful, or pornographic content);
    2. false, fraudulent, misleading or deceptive, or incorrect;
    3. in breach of the terms and conditions, of any third party rights, or of any law;
    4. content that discloses another’s personal, confidential or proprietary information (including content that identifies a person, or that is capable of being used to identify a person without that person's consent).
  2. any content that refers to sales or advertising with third party organisations or websites;
  3. advertisements for items or services on its Prohibited Items and Services List which is found at Prohibited and Restricted Items;
  4. any “wanted to buy” advertisement in respect of which you have selected the “I am Offering” classification rather than the “I am Looking For” classification in creating your advertisement;
  5. any content, where requested to do so by a third party.

4.5 Flagging and review of content:

  1. A user may seek the removal of content if the user believes in good faith and on reasonable grounds that the content violates the terms and conditions by "flagging" the content.
  2. You agree that flagged content may be suspended from the website while HaggleHQ reviews the content’s compliance with the terms and conditions and that no compensation or refund will be payable by HaggleHQ to you in respect of any such period of suspension.
  3. HaggleHQ may, in conducting any such review, require you to provide information that is necessary or convenient to enable HaggleHQ to determine whether the content is compliant with the terms and conditions. You agree to provide to HaggleHQ any such information in the manner and within the time stipulated by HaggleHQ, failing which HaggleHQ may delete the flagged content without further notice to you.

5 ACCOUNTS

5.1 Subject to this clause 5 you may create and maintain either a business account or a private account. You may maintain and use no more than one account per email address, and you may create an account only on your own behalf or for a business carried on by an entity that you control or that authorises you to create an account.

5.2 If you create an account but do not activate it by email verification within 72 hours of creation your account will be deleted, in which case any fee payable in respect of the creation of an account will again be payable if you create another account.

6 PRICING AND TIMING OF ADVERTISEMENTS

6.1 You agree to pay HaggleHQ the stated fee for the publication of an advertisement as shown in the supplied summary and/or invoice.

6.2 Without limitation to HaggleHQ Pty Ltd’s other rights, you agree that HaggleHQ may alter the Pricing Structure from time to time without notice, and that the Pricing Structue as modified will be applicable to all advertisements subsequently submitted for publication.

6.3 You agree that where a particular advertisement could fall into two or more Categories, the Category that is most relevant is applicable. You agree that where one or more Subcategories are applicable, the most relevant (if any) is applicable.

6.4 Subject to the terms and conditions, upon you paying the ad fee to HaggleHQ Pty Ltd, your advertisement will be published for the stated period.

6.5 On or after the day that is 7 days before the expiry of the stated period, HaggleHQ may (but is not obliged to) send you an email inviting you to renew your advertisement for the Renewal Period. You may renew the advertisement by notifying HaggleHQ in the manner specified in the email, and by paying the Renewal Fee on or before the last day of the stated period.

6.6 Clauses 6.4 and 6.5 apply any to renewals, substituting the words "Renewal Period" for "stated period" as necessary. An advertisement may be renewed the number of times stipulated in the ad’s type and specification, the last such renewal being the "final renewal period".

6.7 Upon either of the following occurring your advertisement will be removed from the website:

  1. The expiry of the stated period or a Renewal Period without renewal of the advertisement pursuant to clauses 6.4–6.6; or
  2. The expiry of the final renewal period.

6.8 Casual Users:

If you submit an advertisement as a casual user (i.e., otherwise than through the use of an activated account):

  1. you must activate the advertisement by email verification within 72 hours of submission, failing which it will be deleted; and
  2. your payment of the fee will be pre-authorised against your nominated account but not completed, pending activation in accordance with this clause; and
  3. in the event you activate your advertisement in accordance with this clause, the pre-authorisation will be completed and the fee will be debited from your nominated account; and
  4. in the event an advertisement is deleted due to failure to activate the advertisement in accordance with this clause, the pre-authorisation will be cancelled and the fee will not be debited from your nominated account, in which case you must pay the fee calculated at the time you re-submit the advertisement.

6.9 Intentionally Blank

6.10 Featured advertisements;

  1. HaggleHQ offers to feature advertisements on the website (“Feature Ads”), meaning that the advertisement will be displayed prominently:—
    1. on the website homepage (“Homepage Feature”); or
    2. at the top of the list of results in a Category of advertisement (“Category Feature”); or
    3. at the top of the list of results in a Subcategory of advertisement (“Subcategory Feature”),
  2. being “Feature Categories”.
  3. You may elect to pay HaggleHQ the applicable fee (“Feature Fee”) to make your advertisement a Feature Ad in a Feature Category for a period of time (“Feature Period”). Feature Prices and Feature Periods for each Feature Category will be displayed to you during the process of you creating your advertisement.
  4. Subject to the terms and conditions, upon payment of a Feature Price, your advertisement will be advertised in the manner set out as applying to the corresponding Feature Category of clause a) above, for the Feature Period.
  5. You may pay the Feature Fee for more than one Feature Category, in which case your advertisement will be advertised in the manner set out as applying to each corresponding Feature Category of clause a) above, for the duration of the each corresponding Feature Period.
  6. Without limitation to HaggleHQ Pty Ltd’s other rights (and in particular without limitation to clause 6.2 above), you agree that HaggleHQ may alter Feature Fees and Feature Periods from time to time without notice, and that Feature Fees and Feature Periods as modified will be applicable to all advertisements subsequently submitted for publication, and to all subsequent payments of the Feature Fees for earlier-submitted advertisements.

7 REFUND POLICY

7.1 Except as required by law and provided in this clause 7 all fees are non-refundable.

7.2 HaggleHQ will provide a refund if, as a result of an error by HaggleHQ or its officers employees, licensee’s or agents, you have been charged more than the correct amount specified in the Pricing Structure.

7.3 HaggleHQ may, but is not obliged to, provide refunds in other circumstances in its complete and unfettered discretion.

7.4 HaggleHQ will not provide refunds in the following circumstances:

  1. you have submitted the wrong image to HaggleHQ for publication on the website; or
  2. the website or any part thereof is temporarily unavailable to you or to other users.

Any request for a refund can be made by emailing our office on support@bikehaggle.com.au.

8 BUSINESS DIRECTORY

8.1 Applications for inclusion of a business in the Business Directory can be made by creating a business account and placing an ad in the Business Category section.

8.2 If you have a Business Directory listing, you must include in your listing your name or a registered business name if trading under a business name, a phone number and a physical address.

9 DEALERS ACCOUNTS

9.1 The terms and conditions in this clause 9 apply, in addition to the other terms and conditions set out above, if HaggleHQ enters into a written dealer membership agreement with you.

9.2 HaggleHQ may grant you access to a dealers account which allows you to manage all of your advertisements ("dealer access"). The fee for dealer access is $299 inclusive of GST, payable monthly in advance. HaggleHQ will issue you with a tax invoice for the monthly fee on the first day of each calendar month, payable within 7 days of the date of the invoice.

9.3 Dealer access entitles you to place an unlimited number of advertisements (excluding Business Category advertisements) on the website.

9.4 You accept liability for any use of any username or password issued to you or your employees except where that unauthorised use results from negligence or fraud on the part of HaggleHQ or its employees, officers, licensee’s and agents.

9.5 You must maintain a listing in a Business Category which includes your logo. You must ensure that the information contained in the listing is kept up to date, and if your business ceases or changes details you must notify HaggleHQ within 48 hours of the changes coming into effect.

9.6 Each advertisement you place must—

  1. only list one item for sale;
  2. include at least one image.

9.7 You must include the bikehaggle.com.au logo as provided by HaggleHQ from time to time on your own website if it exists.

9.8 Without limitation to any other rights, either party may terminate the dealer membership agreement on one month's notice.

9.9 HaggleHQ may terminate the dealer membership agreement immediately and without notice to you, and remove any advertisements currently listed, if you are in breach of any term of the dealer membership agreement, including failing to pay any amount invoiced by the due date.

9.10 Upon termination of the dealer membership agreement, each party remains liable to pay any fee owing to the other for services rendered prior to termination.

10 MISCELLANEOUS

10.1 The terms and conditions are governed by and construed in accordance with the laws of New South Wales, Australia, and each party submits to the non-exclusive jurisdiction of the courts of New South Wales.

10.2 If any provision or part of any provision of the terms and conditions are invalid or unenforceable for any reason, it shall be severable and severed and shall not affect the remaining provisions of the terms and conditions.