| |
THE
FOLLOWING
SETS
OUT
THE
TERMS
ON
WHICH
OZtion
Pty
Ltd
ACN
112
735
538
("OZtion")
OFFERS
YOU
ACCESS
TO
THE
OZtion.com.au
("Site")
AND
ITS
SERVICES.
BY
TICKING
THE
"I
have
read
and
agree
to
OZtion's
User
Agreement"
CHECKBOX,
YOU
ACCEPT
THE
TERMS
AND
CONDITIONS
BELOW.
Before
proceeding
to
use
our
services,
you
should
read
the
User
Agreement
carefully.
If
you
find
yourself
unable
to
agree
to
them,
then
you
must
not
use
the
Site.
If,
however,
you
agree
to
them
unconditionally
you
will
be
given
the
opportunity
to
click
the
"I
accept"
checkbox
during
the
registration
process,
and
you
will
then
be
able
to
use
the
Site
to
which
this
User
Agreement
applies.
|
This
Agreement
may
be
amended
by
OZtion
at
any
time
by
posting
the
amended
terms
on
this
Site.
The
amended
terms
shall
automatically
be
effective
7
days
after
they
are
initially
posted
on
the
Site.
As
such,
you
should
periodically
check
to
see
what
amendments
have
been
made
to
this
Agreement.
Your
continued
use
of
the
Site
or
the
services
provided
on
the
Site
following
the
posting
of
any
amendments
will
mean
that
you
accept
these
amendments.
This
agreement
was
last
updated
on
the
7th
May,
2009.
|
1.
DEFINITIONS
1.1
Definition
of
words
and
phrases.
In
this
Agreement,
the
following
words
and
expressions
shall
have
the
following
meanings:
"Auction
Only"
means
an
Item
offered
for
sale
using
an
auction
style
selling
format.
"Auction
with
BuyNow
Price"
means
an
item
offered
for
sale
using
an
auction
style
selling
format
with
an
option
to
purchase
immediately
at
a
fixed
price
set
by
the
Seller.
"Bidder"
means
a
person
who
bids
for
the
Item
in
an
auction
pursuant
to
this
Agreement.
"Buyer"
means
a
Bidder
who
has
made
the
highest
bid
in
an
auction
or
a
person
who
otherwise
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.
"BuyNow
Only"
means
an
Item
offered
for
sale
using
a
fixed
price
selling
format
that
can
only
be
purchased
at
the
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
shopping
and
auction
platform
and
all
other
services
offered
by
OZtion
at
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
requires
otherwise
included
you.
|
2.
Formation
of
Contract
2.1
In
order
that
a
legally
binding
contract
can
be
formed
between
OZtion
and
a
member,
the
member
is
required
to
accept
this
User
Agreement
unconditionally
by
clicking
the
"I
have
read
and
accept
OZtion's
User
Agreement"
checkbox
during
the
registration
process.
2.2
OZtion
in
its
absolute
discretion
reserves
the
right
to
refuse,
suspend
or
cancel
the
membership
of
any
member
without
notice.
2.3
This
User
Agreement
shall
override
any
contrary
terms
or
conditions
published
by
OZtion
or
appearing
on
this
Site
pertaining
to
members.
2.4
In
consideration
of
OZtion
agreeing
to
your
use
of
the
Site,
you
agree
to
comply
with
this
User
Agreement.
|
3.
Services
3.1
Availability.
Any
person
wishing
to
use
the
Services
as
a
Seller,
Bidder
or
Buyer
must
first
register
as
a
member.
Registration
is
free.
3.2
Registration
of
Membership.
You
may
become
a
member
by
supplying
all
the
requisite
information
to
OZtion
and
you
are
required
to
accept
this
User
Agreement
unconditionally
by
clicking
the
"I
have
read
and
accept
OZtion's
User
Agreement"
checkbox
during
the
registration
process.
|
4.
Eligibility
for
Membership
4.1
You
may
only
register
as
a
member
if
you
can
form
a
legally
binding
contract
that
is
enforceable
against
you.
For
example,
you
must
be
older
than
or
at
18
years
old.
By
registering
as
a
member,
you
warrant
that
you
can
form
a
legally
binding
contract.
Further,
your
OZtion
account,
User
ID,
Password,
Scores
and
Ratings,
may
not
be
transferred
or
sold
to
another
party.
4.2
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
OZtion
policies
or
rules.
4.3
No
email
/
URL
in
User
ID
policy
(08/08/2008)
You
may
not
register
a
User
ID
that
is
or
represents
an
email
address
or
a
web
site
address
(URL).
|
5.
Fees
and
Payments
5.1
Once
you
have
set
up
an
account
with
OZtion,
you
may
transfer
funds
into
that
pre-paid
account
in
order
to
keep
the
account
in
credit.
The
balance
of
the
account
will
be
updated
periodically
in
accordance
with
your
activity
on
the
Site.
Outstanding
balances
will
be
invoiced
to
you
periodically
and
may
be
paid
either
by
credit
card
or
other
agreed
method.
OZtion
does
not
charge
you
for
joining
as
a
member,
nor
for
bidding
on
Items.
OZtion
charges
the
Seller
a
listing
fee
for
certain
items
(see
Fees
and
Fee
Calculator).
Listing
fees
are
non-refundable.
Upon
sale
of
an
Item,
the
Seller
will
be
charged
a
sale
fee
in
accordance
with
OZtion's
fee
schedule.
5.2
OZtion
reserves
the
right
to
change
the
fees
charged
for
any
of
its
services
at
any
time.
In
the
event
that
OZtion
introduces
a
new
service,
the
fees
for
that
service
are
effective
at
the
launch
of
the
service,
unless
otherwise
stated.
5.3
All
fees
are
inclusive
of
GST
and
in
Australian
dollars,
unless
otherwise
stated
in
this
User
Agreement.
5.4
Before
listing
an
Item,
you
should
review
OZtion's
fees
to
ensure
you
are
aware
of
the
fees
you
will
incur.
5.5
Credits
on
your
Account
are
not
transferable
between
members.
Transfers
between
accounts
belonging
to
you
will
incur
a
transfer
fee
of
$2.
5.6
No
Refund
Policy
(25/02/2008)
5.6.1
Credits
on
your
Account
are
non-refundable,
non-transferable
and
not
redeemable
for
cash.
5.6.2
An
administration
fee
of
$5
is
payable
where
a
member
wishes
to
close
their
account
and
withdraw
the
balance
of
credits
made
on
or
before
the
25th
February
2008.
5.7
You
agree
to
pay
any
outstanding
fees
within
7
days
from
the
end
of
each
calendar
month.
5.7.1
You
also
agree
that
if
you
fail
to
do
so,
you
will
be
liable
for
collection
costs
of
a
third
party
collection
agency
should
one
be
required
(23/04/2009).
5.8
Credit
in
your
pre-paid
account
(07/05/09)
5.8.1
Credit
remains
active
for
180
days
after
your
last
account
activity.
Should
your
pre-paid
account
be
in
credit
and
inactive
for
180
days
any
credit
remaining
in
your
pre-paid
account
will
become
inactive.
|
6.
Functions
of
OZtion
6.1
OZtion
is
a
venue
for
members
to
offer,
sell
or
buy
Items.
OZtion
is
not
an
auctioneer.
6.2
No
warranty
for
goods
offered.
You
acknowledge
that
OZtion
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.
OZtion
will
not
accept
or
assume
any
liability
whatsoever
in
respect
of
the
Item.
6.3
No
warranty
of
completion
of
sale.
You
acknowledge
that
OZtion
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.
Further,
OZtion
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
pretense
or
persons
having
no
contracting
capacities.
6.4
No
warranty
of
identity
of
persons.
You
acknowledge
that
OZtion
cannot
and
does
not
confirm
the
identity
of
each
User.
You
are
therefore
advised
to
be
careful
in
dealing
with
other
Users
to
avoid
fraud.
You
are
encouraged
to
communicate
directly
with
such
proper
or
competent
authority
or
source
for
the
purpose
of
evaluating
the
person
with
whom
you
are
dealing.
OZtion
takes
no
responsibility
for
any
action
or
omission
of
any
User.
6.5
No
warranty
as
to
accuracy
of
information.
You
acknowledge
that
OZtion
does
not
control
the
information
provided
by
other
Users
which
is
made
available
through
this
Site.
OZtion
therefore
makes
no
warranty
as
to
the
accuracy
of
any
information
provided
by
any
person
through
the
use
of
the
Services.
6.6
OZtion
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.
6.7
Release
of
OZtion.
In
case
of
any
dispute
between
Users
or
any
dispute
arising
from
the
use
of
the
Services,
OZtion
shall
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.
6.8
Costs
of
OZtion.
If
OZtion
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
OZtion
in
connection
with
the
provision
of
such
service,
including
OZtion's
costs
for
taking
legal
or
other
professional
advice
or
representation
(in
all
such
cases,
the
costs
shall
be
calculated
on
an
indemnity
basis).
|
7.
Provisions
relating
to
Auction
and
BuyNow
7.1
Your
obligations
as
a
Buyer.
(a)
If
you,
as
a
Bidder,
have
been
notified
that
your
bid
has
been
successful
at
the
end
of
the
auction,
or,
in
respect
of
a
BuyNow
sale
you
issue
a
purchase
order
with
a
fixed
price,
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
making
a
bid
or
other
offer
to
purchase,
you
warrant
and
represent
to
the
Seller
that
you
have
the
legal
right
to
enter
into
and
complete
the
transaction.
(b)
The
Buyer
shall
contact
the
Seller
at
the
end
of
the
auction
or
upon
other
sale
with
a
view
to
making
arrangements
for
the
completion
of
the
transaction.
(c)
You
must
pay
to
the
Seller
the
total
due
once
the
total
due
is
confirmed
by
the
Seller.
7.2
Your
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
or
above
your
start
price
to
the
Buyer
unless:
i.
you
have
good
reason
to
suspect
that
the
Buyer
is
not
who
they
purport
to
be;
or
ii.
the
Buyer
fails
to
meet
the
terms
of
payment
as
stipulated
by
you
in
your
listing.
7.3
Bids
are
not
retractable.
Bids
are
not
retractable
by
the
Bidder
except
in
the
following
exceptional
circumstances:
i.
with
the
seller's
agreement
before
the
selling
period
ends;
or
ii.
a
significant
drop
in
the
ratings
of
the
Seller
occurs
after
a
bid
has
been
placed
as
a
result
of
adverse
comments
from
other
Bidders
or
Buyers
conducted
with
the
same
Seller.
7.4
Forbidden
biddings.
7.4.1
If
you
choose
to
bid
on
any
Item
which
is
offered
to
adults
only,
you
are
certifying
that
you
have
the
legal
right
to
purchase
the
Item
intended
for
adults
only.
7.4.2
You
shall
not
manipulate
the
price
of
the
Item
by
using
a
secondary
account,
an
alias
or
third
party
to
bid
for
the
Item.
7.5
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
and
OZtion
shall
not
be
responsible
for
processing
such
requests.
7.6
Method
of
delivery
and
payment.
The
method
of
delivery
is
based
on
the
arrangements
set
by
the
Seller.
The
Item
may
be
collected
by
the
Buyer
or
be
delivered
to
the
Buyer
by
Australian
Post,
courier
or
other
method
specified
by
the
Seller.
Please
refer
to
the
Description
and
Postage
Instructions
of
the
Item.
The
method
of
payment
is
based
on
the
mutual
agreement
between
the
Seller
and
the
Buyer
and
depending
on
the
method
of
delivery.
|
8.
Provisions
relating
to
Sellers
8.1
Forbidden
Dealings.
8.1.1
In
respect
of
an
auction,
you
shall
not:
(a)
email
or
contact
by
any
other
means
the
Bidder
in
an
open
auction
being
run
by
a
different
Seller,
offering
similar
or
the
same
Items
at
any
price
level
(bid
siphoning);
(b)
manipulate
the
price
of
the
Item
offered
by
you,
either
by
using
a
secondary
account,
an
alias
or
third
party
or
by
self-bidding,
also
referred
to
as
shill-bidding.
8.1.2
You
shall
not
offer
for
sale
any
Item:
(a)
which
you
are
not
legally
able
to
sell,
or
which
you
cannot
sell
to
the
Buyer
free
from
all
charges
liens
and
encumbrances;
(b)
which
is
within
OZtion's
Prohibited
Item
List
or
which
is
in
contravention
of
any
law
or
regulations
governing
the
sale
of
the
same;
(c)
the
get-up,
production
and
sale
of
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;
(d)
which
contains
defamatory,
trade
libelous,
unlawfully
threatening
or
unlawfully
harassing
statements
whether
such
statements
be
in
the
form
of
words,
drawings,
photographs,
3-dimensional
representations
or
otherwise;
(e)
which
is
obscene
or
contains
child
pornography.
8.1.3
By
offering
the
Item
for
sale
on
this
Site,
you,
as
Seller,
are
warranting
and
undertaking
to
OZtion
and
all
Buyers
that:
(a)
you
do
not
and
will
not
engage
in
the
forbidden
dealings
set
out
in
Clause
8.1
above;
(b)
the
information
supplied
by
you
is
correct
and
accurate
in
all
material
respects
and
shall
not
(1)
contain
defamatory,
trade
libelous,
unlawfully
threatening
or
unlawfully
harassing
statements;
(2)
contain
obscene
material
or
child
pornography
and,
if
it
contains
any
Adults
Only
material
or
element
or
is
otherwise
harmful
to
minors,
it
shall
be
posted
only
in
the
Adults
Only
section
and
shall
be
distributed
only
to
people
legally
permitted
to
receive
such
content;
(3)
contain
any
viruses,
Trojan
horses,
worms,
time
bombs,
cancelbots
or
other
computer
programming
routines
that
are
intended
to
damage,
detrimentally
interfere
with,
surreptitiously
intercept
or
expropriate
any
system,
data
or
personal
information;
and
(4)
contain
any
hyperlinks
unless
permitted
by
OZtion;
(c)
the
Items
offered
by
you
are
not
within
the
Prohibited
Item
List;
(d)
you
will
not
list
or
offer
or
sell
any
Item
which,
by
paying
to
OZtion
any
Fees,
could
cause
OZtion
to
violate
any
applicable
law,
statute,
ordinance
or
regulation.
8.1.4
In
using
the
Site,
you
must
not
create
any
link
directly
or
indirectly
to
any
website
other
than
the
Site:
(a)
that
offers
goods
or
services
that
are
prohibited
under
this
Agreement;
(b)
where
that
other
website
lists
the
exact
Item
that
you
propose
to
sell;
(c)
where
that
other
website
contains
an
offer
to
sell
identical
items
to
your
Item
that
is
listed
for
auction
or
BuyNow
on
the
OZtion
Site,
but
are
priced
lower
that
your
Item's
start
price
or
BuyNow
price;
(d)
that
you
do
not
otherwise
have
a
right
to
link
to
or
include.
|
9.
Ratings,
Messages
and
Forum
Boards
9.1
Ratings,
Messages
and
Forum
Boards.
9.1.1
OZtion
will
provide
a
channel
on
this
Site
for
the
Users
of
this
Site
to
leave
a
Rating
and
comment
on
the
trade
conduct
of
any
Seller,
Bidder
or
Buyer
with
whom
they
have
had
dealings.
9.1.2
OZtion
also
provides
a
communication
channel
which
enables
Users
to
send
messages
to
other
Users
through
OZtion.
9.1.3
OZtion
also
provides
a
forum
which
allows
Users
to
discuss
topics
or
chat
with
other
Users.
Forum
Rules
9.2
Use
of
the
Rating
system,
Message
system
and
Forum
Boards.
(a)
You
shall
use
the
Rating
system
for
leaving
genuine
and
bona
fide
ratings
and
comments
on
the
trade
conduct
of
any
Seller,
Bidder
or
Buyer
with
whom
you
have
had
dealings.
You
shall
not
take
any
actions
which
may
undermine
the
integrity
of
the
Rating
system,
such
as:
leaving
a
Rating
for
yourself
using
secondary
User
ID's
or
third
parties;
leaving
Ratings
for
other
Users
using
secondary
accounts
or
third
parties
(Rating
bombing);
or
leaving
Ratings
if
a
User
fails
to
perform
some
action
that
is
outside
the
scope
of
the
auction
or
purchase
(Rating
extortion).
(b)
When
using
the
Rating
system,
message
system
or
forum
boards,
you
are
prohibited
from
any
posting,
sending,
transmitting,
uploading
or
otherwise
publishing
through
OZtion,
any
materials
that
(i)
interfere
with
anyone
else's
use
of
this
Site;
(ii)
are
abusive,
illegal,
indecent,
obscene,
offensive,
racist
or
threatening
in
any
way;
(iii)
encourage
anyone
to
break
the
law;
(iv)
violate
anyone's
copyright
or
other
intellectual
or
other
property
right;
(v)
interfere
with
the
privacy
of
any
other
use;
(vi)
contain
a
virus
or
other
harmful
component;
(vii)
contain
false
or
misleading
statements
of
fact
or
descriptions
of
the
origin
of
the
material
or
the
communication;
(viii)
advertise
a
website;
or
(ix)
breach
any
of
OZtion
policies
or
rules.
9.3
OZtion's
Disclaimer
in
respect
of
Ratings,
Messages,
Forum
Content
and
other
Users
supplied
materials.
OZtion
does
not
and
is
under
no
obligation
to
monitor
or
review
Ratings,
messages
and
forum
boards,
discussions,
postings,
transmissions
and
the
messages
posted
or
sent
through
or
on
the
Site
and
assumes
no
liability
or
responsibility
arising
from
the
contents
of
any
such
communications
or
for
any
defamation,
error,
inaccuracy,
libel,
obscenity
or
profanity
contained
in
any
such
communication.
You
hereby
irrevocably
and
unconditionally
waive
any
claim
against
OZtion
for
defamation,
libel
or
whatsoever
arising
out
of
any
such
communication.
OZtion
may
reject
or
remove
your
material
or
conversations
that
are
illegal,
indecent,
obscene
or
offensive,
or
that
violates
the
terms
of
this
Agreement
in
any
way
or
request
you
to
make
suitable
amendments
in
order
to
comply
with
the
terms
herein,
and
OZtion
reserves
the
right
to
claim
damages
and
or
apply
for
other
legal
remedies
in
relation
thereto.
|
10.
Rights
of
OZtion
10.1
OZtion
has
the
right
to
suspend
or
terminate
your
account
without
any
compensation
if
you
have:
(a)
breached
the
User
Agreement
set
out
in
this
agreement;
or
(b)
(by
conviction,
settlement,
insurance
or
escrow
investigation,
or
otherwise)
engaged
in
fraudulent
activity
in
connection
with
this
Site.
10.2
Rights
as
regards
materials
supplied
by
a
User.
OZtion
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,
OZtion
shall
have
the
right
to
reject
or
remove
any
information
or
materials
supplied
if
OZtion
shall
consider
(without
having
to
assign
any
reason
therefore)
that
the
information
or
material,
if
published
or
continued
to
be
published,
would
cause
OZtion
to
incur
any
liability
to
third
parties
or
would
cause
OZtion
to
be
in
breach
of
any
law
or
regulations
of
any
competent
jurisdiction
or
rights
of
third
parties.
10.3
Right
to
withdraw
Item.
OZtion
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,
OZtion
shall
have
the
right
to
withdraw
an
Item
if:
(a)
the
Item
is
within
OZtion's
Prohibited
Items
List,
which
can
be
inspected
here.
The
Prohibited
Items
List
may
be
updated
by
OZtion
from
time
to
time;
(b)
you
are
found
to
have
breached
the
User
Agreement
set
out
in
this
Agreement
or
your
account
is
suspended
by
OZtion
pursuant
to
the
terms
of
this
Agreement;
(c)
if
OZtion
is
unable
for
any
reason
whatsoever
to
verify
or
authenticate
any
information
provided
by
you;
or
(d)
the
Item
is
in
breach
of
OZtion's
Listing
Policy,
which
can
be
inspected
here.
The
Listing
Policy
may
be
updated
by
OZtion
from
time
to
time.
10.4
Account
termination.
Upon
termination
of
the
account,
OZtion
shall,
upon
your
written
request,
return
any
amounts
owing
to
you
in
your
pre-paid
OZtion
account,
subject
to
OZtion's
retention
of
a
$5.00
administration
fee.
|
11.
Specific
Warnings
11.1
You
must
ensure
that
your
access
to
this
Site
is
not
illegal
or
prohibited
by
laws
which
apply
to
you.
11.2
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.
11.3
OZtion
does
not
warrant
to
you
that
the
Services
will
be
available
at
all
times
or
at
any
specific
times.
11.4
OZtion
is
not
responsible
in
the
event
a
transaction
is
not
processed
due
to
technical
difficulties
affecting
the
OZtion
system.
11.5
OZtion
does
not
undertake
to
retain
listings
or
to
retain
records
of
specific
transactions.
11.6
OZtion
is
not
responsible
for
ensuring
that
warranty
obligations
are
honoured.
11.7
There
is
no
contract
of
sale
between
OZtion
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.
OZtion
does
not
act
as
agent
for
either
party.
|
11.
Restricted
Use
Unless
OZtion
agree
otherwise
in
writing,
you
are
provided
with
access
to
the
Site
only
for
your
personal
use.
Without
limiting
the
foregoing,
you
may
not
without
Oztion's
written
permission
on-sell
or
otherwise
on-transmit
information
obtained
from
this
Site.
|
12.
Security
of
Information
Unfortunately,
no
data
transmission
over
the
internet
can
be
guaranteed
as
totally
secure.
OZtion
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
OZtion
is
transmitted
at
your
own
risk.
Nevertheless,
once
OZtion
receives
your
transmission,
it
will
take
reasonable
steps
to
preserve
the
security
of
such
information.
|
13.
No
Warranties
11.1
This
Site
is
provided
by
OZtion
on
an
"as-is"
basis
and
the
only
obligations
on
OZtion
are
set
out
in
this
Agreement.
You
agree
that
OZtion
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.
OZtion
gives
no
warranty
or
condition,
express
or
implied
other
than
those
expressly
set
out
herein.
OZtion
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.
OZtion
does
not
warrant
or
make
any
representations
regarding
the
use
or
the
results
of
the
use
of
this
Site.
OZtion
specifically
disclaims
any
implied
warranties
of
title,
merchantability,
fitness
for
a
particular
purpose
and
non-infringement
of
any
rights
(intellectual
or
otherwise)
in
respect
of
any
Item.
11.2
The
payment
gateway
and
the
ancillary
payment
processing
facilities
are
provided
to
the
you
for
convenience
only
and
OZtion
gives
no
warranty,
expressed
or
implied,
in
connection
with
such
facilities.
OZtion
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.
|
14.
Privacy
OZtion
has
a
Privacy
Policy
which
applies
to
all
members
and
is
incorporated
into
this
User
Agreement
by
reference.
Our
current
Privacy
Policy
is
available
(at
http://www.oztion.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
OZtion
make
to
the
Privacy
Policy)
while
you
are
a
member
of
OZtion.
|
15.
Copyright
Copyright
in
this
Site
(including
text,
graphics,
logos,
icons,
audiovisual
material
and
software)
is
owned
or
licensed
by
OZtion.
Other
than
for
the
purposes
of
and
subject
to
the
conditions
described
under
the
Copyright
Act
1968
(C'th)
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
OZtion's
prior
written
permission.
|
16.
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.
|
17.
Miscellaneous
17.1
System
Integrity.
You
must
not:
(a)
use
any
device,
software
or
routine
to
interfere
or
attempt
to
interfere
with
the
proper
working
of
this
Site
or
any
auction
being
conducted
on
this
Site;
(b)
take
any
action
which
imposes
an
unreasonable
or
disproportionately
large
load
on
the
infrastructure
of
this
Site;
(c)
disclose
or
share
your
password
to
any
third
parties
or
use
his/her
password
for
any
unauthorized
purpose.
17.2
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.
17.3
No
Agency.
Nothing
herein
contained
shall
constitute
or
create
any
relationship
of
agency,
partnership,
joint
venture,
employee/employer
or
franchiser/franchisee
between
OZtion
and
any
Seller,
Bidder
or
Buyer
or
other
Users
of
this
Site
or
the
Services.
17.4
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
OZtion
during
registration
process
or
such
other
address
as
the
User
shall
specify,
or
by
posting
such
notices
on
this
Site.
Alternatively,
OZtion
may
give
notice
to
the
User
by
pre-paid
ordinary
post
to
the
address
provided
to
OZtion
during
the
registration
process.
In
such
case,
notice
shall
be
deemed
given
5
days
after
the
date
of
mailing.
17.5
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.
17.6
If
any
provision
of
this
Agreement
is
held
to
be
invalid
or
unenforceable,
such
provision
shall
be
struck
out
of
these
User
Agreement
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.
OZtion'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.
17.7
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.
OZtion
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.
17.8
OZtion
does
not
accept
any
obligation
to
protect
you
from
any
unsafe
merchandise,
products
or
services
that
may
be
offered
on
OZtion.
Please
do
not
assume
that
such
items
offered
will
be
harmless
to
people
or
property.
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18.
Governing
Law
and
Jurisdiction
18.1
This
Agreement
is
subject
to
the
laws
of
Victoria,
Australia.
18.2
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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