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| Terms & Conditions... |
Welcome to Ozair Trader, your Aussie online aircraft classified community. These
terms and conditions are intended to assist and keep Ozair Trader a safe place
to trade.
The Ozair Trader web site (trading name Ozair Trader) offer a
service owned by Rotorcraft Australia [ABN 74913153242] for both private and
commercial users that allows for the selling and buying of goods and services.
Rotorcraft Australia is an Australian company based in Brisbane, Australia.
1.1 Acceptance of terms and conditions: The terms and conditions
are the terms on which Rotorcraft Australia (hereafter called Ozair Trader)
offers you access to the services and the web site. By registering as a member
of the ozairtrader.com web site you accept these terms and conditions. If you do
not accept these terms and conditions, you must refrain from using the services.
1.2 Amendment of terms and conditions: These terms and conditions
may be amended in whole or in part by Ozair Trader from time to time. Amendments
will be effective immediately upon posting of the amended terms and conditions
on this web site. You are responsible for ensuring you are familiar with the
latest terms and conditions. Your continued use of the services represents your
agreement to be bound by the terms and conditions as amended.
These
terms and conditions were last updated 20th July 2006.
1.3
Terminology: In these terms and conditions, the following expressions have
the meanings set out:
'item', or 'items' means goods that may be bought
or sold through the classified process;
'member' means a registered
member of the ozairtrader.com web site, owned and operated by Rotorcraft
Australia;
'services' means any one or more of the offered by Ozair
Trader from time to time, including online classifieds, message boards, and chat
rooms and any other service that Ozair Trader may offer;
'we', 'us' and
'our' are a reference to Rotorcraft Australia and this web site
www.ozairtrader.com;
'you' and 'your' are a reference to you;
'web site' means the ozairtrader.com web site through which the services
are offered;
and
'listing' means a listing on the web site
through which you offer, negotiate and buy or sell any item.
SPECIFIC
WARNINGS
2.1 The services: The ozairtrader.com web site
provides a venue to introduce members who want to buy and sell items. Ozair
Trader does not take any part in the sale of items other than by providing the
ozairtrader.com web site as a venue for members. If a bid is accepted by a
seller, a contract of sale will be formed between the buyer and the seller
directly. We do not act as agent for either party and do not participate in any
sale or transaction between you and other members.
2.2 At your own
risk: Transactions and all other contact between you and other members are
conducted entirely at your own risk. You agree that Ozair Trader takes no
responsibility or liability for any misconduct of any of its members including,
without limitation, members that have registered under false pretences or who
attempt to defraud you. Ozair Trader gives no undertakings, representations, or
warranties in relation to items sold or listed on the web site, including:
about ownership of any item;
as to the content, safety,
description, worthiness, quality, or legality of the items that are listed on
the web site;
as to the accuracy or truth of listings; that any item
will meet your requirements or expectations; or about the ability of members to
complete a transaction.
2.3 Disclaimer: You expressly understand
and agree that:
you use of the services is at your sole risk. The web
site and services are provided on an "as is" and "as available" basis. To the
maximum extent permitted by law and without limiting clause 2.2, Ozair Trader
disclaims and excludes all implied conditions or warranties, including, but not
limited to, any warranties of merchantability, fitness for a particular purpose,
and non-infringement;
Ozair Trader does not warrant that (i) the
services provided will be uninterrupted, timely, secure, or error free, or (ii)
that any information (including feedback) provided on the web site is error-free
or reliable;
no advice or information that is obtained by you from Ozair
Trader or anyone else shall create any warranty by Ozair Trader that is not
expressly stated in the terms and conditions; and
responsibility for the
content of advertisements appearing on this web site (including hyperlinks to
advertisers' own websites) rests solely with the advertisers. The placement of
such advertisements on the web site does not constitute Ozair Trader
recommendation or endorsement of the advertised product or service. Each
advertiser is solely responsible for any representation made in connection with
its advertisement.
2.4 Liability: You agree that, to the maximum
extent permitted by law, any and all liability and responsibility of Ozair
Trader to you or any other person under or in connection with these terms and
conditions, or in connection with the services, this web site, another Member's
acts or omissions, or your use of or inability to use, the services or this web
site is excluded regardless of whether such liability arises in contract, tort
(including negligence), equity, breach of statutory duty or otherwise. Ozair
Trader liability and responsibility is excluded in respect of any and all loss
or damage, whether direct or indirect, including, without limitation, loss of
profits, loss of data, loss of business or anticipated savings, general and
special damages, and consequential and incidental loss.
2.5
Indemnity: You agree to release, indemnify and keep indemnified us from and
against all actions, claims, costs (including legal costs and expenses) losses,
proceedings, damages, liabilities, or demands suffered or incurred by us to any
person arising out of or in connection with your failure to comply with these
terms and conditions, your failure to completed a transaction, your use of Ozair
Trader message boards and chat rooms, your sale or attempted sale of an item
prohibited under clause 4.2(c), or arising out of any content or item you
submit, post, transmit, or make available through the services.
2.6
Breach: Without limiting any other rights and remedies available to Ozair
Trader, Ozair Trader may limit your activities on the web site, remove your bids
or listings, warn other members of your actions, issue a warning to you, suspend
or terminate your membership, or refuse to provide our services to you if you
breach these terms and conditions or where Ozair Trader considers it
appropriate.
BECOMING A MEMBER
3.1 Becoming a
Member: Becoming a member is free. You may only register as a member if you
are resident in Queensland and can form a legally binding contract that is
enforceable against you. For example, you must be 18 years old. By registering
as a member, you warrant that you can form a legally binding contract.
3.2 Accurate Information: You warrant that you have provided
complete, accurate and current personal information when registering as a
member. You must maintain and update your personal information held by Ozair
Trader to ensure it is kept current at all times. You must not register as a
member under multiple identities or personas (whether false or not). Ozair
Trader may phone or mail you to verify these details.
3.3 Termination
of membership: Ozair Trader reserves the right to decline to register or to
terminate your membership without entering into further discussions with you.
Without limiting the foregoing, Ozair Trader may terminate your membership if a
serious complaint or multiple complaints are received about you from other
members, you breach these terms and conditions, you impersonate another member,
or we, at our sole discretion, deem your behavior to be unacceptable. Members
who have registered under multiple aliases will have all of their aliases
disabled.
3.4 Security of your login information: You are
responsible for keeping your login information, including your email address and
password, secret and secure. Without limiting the foregoing, you agree: not to
permit any other person to use your user name or membership; and not to
disclose, or provide to any other person, your password, email address, or any
information that may allow them to gain access to your membership.
GENERAL RULES
4.1 General
All listings,
bids or communications made through Ozair Trader shall be made in good faith.
You must not attempt to damage, interfere or harm the web site or services, or
any network, or system underlying or connected to them, including by using a
robot, spider, scraper or other automated means to access the web site or
information feature on it for any purpose.
You shall not list your email
address, phone number or any other contact detail within the description of
listings, listing comments and/or questions, in your member profile, or in the
Ozair Trader message boards.
You must list your classifieds in
Australian dollars and include GST in the price. All tax obligations are the
responsibility of the seller and/or the buyer (as the parties determine).
You must not use the services or the web site to promote items for sale
outside the services.
Ozair Trader memberships are not transferable and
therefore can not be sold or traded.
4.2 Your obligations as a seller
You will only enter listings that are accurate, current, complete,
and include all relevant information about the terms of sale, payment terms,
shipping methods and who bears the cost of shipment. You must list an item in
one category only which must be the most appropriate category for your item.
You will only place listings for items that exist and are to be sold.
You will not list items that you are not legally entitled to sell or that are
not in your possession. In the case of aircraft that are offshore or in transit
to Australia you must hold clear proof of ownership of such vehicles before
being able to list them. You must also clearly indicate that such vehicles are
offshore or in transit in the listing.
You must not sell illegal,
offensive (including anything of a defamatory, pornographic, or racially or
ethnically objectionable nature), stolen, or unsafe items, items which infringe
copyright or other intellectual property rights, items which have been illegally
imported or which would require illegal import or export in order to complete
the transaction, or any item of which the sale is prohibited by, or violates
any, law. You are responsible for ensuring that any item listed by you does not
breach this clause 4.2(d). You agree that Ozair Trader may disclose your
personal information, including your name and contact details, to the relevant
authorities, parties and/or the applicable intellectual property right holders
(or their representatives) if we consider that you are in breach of this clause
4.2(d) at any time.
Ozair Trader classifieds may be used by individuals
or businesses to sell specific items only and must not be used for multiple or
generic item listings.
Your listing may contain a URL for a website that
contains further information on the aircraft you have listed. You must not use
Ozair Trader listings to promote a business or web site other than the
ozairtrader.com web site.
You must not use the services or the web site
to sell items that are of a speculative nature including, but not limited to
pyramid, surf-for-free, or similar schemes.
You may choose to sell to
any buyer at your discretion.
Listings are not pre-screened for content.
Ozair Trader reserves the right to remove any listing that it deems unsuitable
or in breach of the terms and conditions.
You must not link a listing to
any page outside the web site unless the page directly promotes the sale of the
aircraft or items in the listing.
The sale of films, videos, DVDs, VCDs
and laser disks is covered by the relevant Queensland and Commonwealth of
Australia Acts. It is an offence to sell any of these items if they have not
been examined and classified by the appropriate agencies. If any publication was
sold, and deemed to be objectionable and where the seller knew the publication
was objectionable, the maximum penalty is high. Therefore, when listing these
items for sale, you must include within your listing, the Australian
classification rating and all information on the classification label.
4.4 Feedback
Feedback you provide on other members must
not contain offensive, defamatory or inappropriate language. Ozair Trader
reserves the sole right to determine what is considered offensive, defamatory or
inappropriate language.
You may only give member feedback that relates
to a specific transaction. You must not post feedback on a transaction that does
not relate to that specific transaction.
FEES AND ACCOUNTS
5.1 Ozair Trader Listing Fees and Success Fees
Ozair
Trader charges fees for the use of the web site as a venue.
Ozair Trader
current fees are listed on the listing pricing page. Any non-commission listing
fees are charged at the time of listing and are not refundable. Ozair Trader
will only issue refunds in the form of credit to the Ozair Trader account of the
member. Cash refunds will not be issued. Credits on accounts with Ozair Trader
are not transferable between members.
Ozair Trader reserves the right to
change the fees charged for any of our services at any time. In the event that
we introduce a new service, the fees for that service are effective at the
launch of the service, unless otherwise stated.
If you are an Australian
resident, then all fees are inclusive of GST and in Australian dollars unless
otherwise stated. Unless otherwise stated in these terms and conditions, no
interest or other financial charges will be applied to Ozair Trader account
balances.
Before listing an item, you should review Ozair Trader fees to
ensure you are aware of the fees that you will incur.
You must pay the
fees immediately upon demand by Ozair Trader.
5.2 Ozair Trader
Accounts
Ozair Trader may maintain credit accounts for some members
and from which members must pay fees including payment of advance listing
options. Ozair Trader account may not be used for the payment of items sold
using the services.
Any payment to your Ozair Trader account of an
amount less than $10 incurs a $2 handling fee that is payable to Ozair Trader.
You must settle any negative account balance immediately. Ozair Trader reserves
the right to take action against you to recover outstanding debts. You are
liable for all expenses (including legal fees) that Ozair Trader incurs when
collecting that debt.
If your membership is terminated Ozair Trader will
refund the balance of your credit account, less a $5 manual processing fee that
is payable to Ozair Trader. Consequently, no refund will be made if the account
balance is below $5. If your membership is removed due to breach of our terms
and conditions it is at our discretion whether you are eligible for a refund.
Promotional giveaways of Ozair Trader credits, bonus credits, or any free
credits gifted to the member on registration will not be refunded. If you have
not logged on to the web site for a period of 24 months (two years), any unused
balance on your account is forfeited to Ozair Trader and your membership will be
suspended.
GENERAL PROVISIONS
6.1 System
Integrity: Ozair Trader will use its reasonable endeavors to ensure the
availability of the web site and services, subject to any downtime required for
maintenance. However, Ozair Trader takes no responsibility for any system
unavailability, or for any loss that is incurred as a result of web site or
services being unavailable. Further, Ozair Trader assumes no responsibility for
the corruption of any data or information held by Ozair Trader.
6.2
Resolution of disputes: As Ozair Trader is not a party to any sale or
transaction between you and another member, you agree not to involve, or attempt
to involve, Ozair Trader in any dispute or in the resolution of disputes that
arise between you and another member as a result of the services provided.
6.3 Ozair Trader message boards and chat rooms: Ozair Trader may
provide Message Boards and Chat Rooms for the use of Ozair Trader members. The
Message Boards and Chat Rooms may not be used to promote auctions, web sites or
any commercial or business activity. Ozair Trader is not responsible for any of
the opinions expressed in the Message Boards and Chat Rooms. By posting a
message to the message board or chat room you agree to take full legal
responsibility and liability for your comments, including for offensive or
defamatory statements.
6.4 Force Majeure: Without prejudice to
clause 2.3(a), Ozair Trader has no liability for any lack of performance,
unavailability or failure of the services or the ozairtrader.com website or for
any failure of Ozair Trader to comply with these terms and conditions where the
same arises from any cause reasonably beyond the control of Ozair Trader.
6.5 No Waiver: If we do not exercise or enforce any right
available to us under these terms and conditions, it does not constitute a
waiver of those rights.
6.6 Partial Invalidity: If any provision
of these terms and conditions becomes or is held to be invalid, unenforceable or
illegal for any reason, and in any respect, that provision shall be severed from
the remaining terms and conditions, which shall continue in full force and
effect.
6.7 Governing Law: These terms and conditions are
governed by the laws of the State of Queensland, Australia. You submit to the
non-exclusive jurisdiction of the Courts of Queensland.
6.8
Intellectual Property Rights: Ozair Trader (and its licensors or suppliers,
as the case may be) owns all proprietary and intellectual property rights in the
web site (including text, graphics, logos, icons and sound recordings) and the
software and other material underlying and forming part of the services and the
web site. You may not without our prior written permission, in any form or by
any means:
Adapt, reproduce, copy, store, distribute, print, display,
perform, publish or create derivative works from any part of this web site; or
Commercialise, copy, or on-sell any information, or items obtained from
any part of this web site.
6.9 Entire agreement: These terms and
conditions supersede all previous conditions, understandings, commitments,
agreements and representations whatsoever whether oral or written, and
constitutes the entire agreement, between the parties, relating to the subject
matter of these terms and conditions.
6.10 Privacy: Ozair Trader
collects personal information about you through your use of the services and the
web site, including: your registration details; and information relating to your
use of the web site and the content you access.
You agree that Ozair
Trader may use this personal information to assist us to provide the services to
you, for internal research purposes, to verify your identity, for promoting and
marketing other Ozair Trader products and services to you, and for any other use
that you authorise. We will not sell or allow third parties to access your
personal information without your consent, however you agree that Ozair Trader
may disclose your personal information, including your name and contact details,
to the relevant authorities, parties and/or the applicable intellectual property
right holders (or their representatives) if we consider that you are in breach
of this clause 4.2(c) at any time. |
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