Terms & Conditions of Use
1. Welcome to GIZMOGARAGESALES.COM.AU user terms and conditions.
1.1 Please read these terms and conditions carefully. You must not access this website if you do not agree with any of these terms and conditions.
1.2 This agreement describes the terms and conditions that govern the use of our services at GIZMOGARAGESALES.COM.AU.
1.3 The terms and conditions apply to all users of this website including; guests, all purchasers of goods (“buyers”) and members posting items for sale of goods ("sellers") listed on the GIZMOGARAGESALES.COM.AU website.
1.4 We will refer to GIZMOGARAGESALES.COM.AU as our, us, we or GIZMOGARAGESALES.COM.AU throughout these terms & conditions and within other policies.
2. User Agreement
2.1 By accessing and/or using the website, you accept these terms and conditions and agree to be bound by them and an agreement is formed between us and you.
2.2 We reserve the right to amend these terms and conditions at any time at our sole discretion.
2.3 Your continued use of the website will represent an agreement by you to be bound by these terms and conditions as amended and will apply to any Order you place from the effective date of the change.
2.4 We recommend you review the terms and conditions for amendments each time you use the website and before placing any Order.
2.5 Should we choose to provide you with notice of amended terms and conditions, you agree to receive email notification of the amendments from us or our third party.
3. Guests and Registered Users use of our website:
3.1 You may access and/or use the website as a guest or as a member.
3.2 To become a member of the website, you must;
a) Be over the age of 18 years.
b) Be an Australian resident.
c) Be an individual / non commercial entity.
c) Agree to use this website at your own risk.
d) Provide your full name, address, telephone number, valid email address and nominate a password.
e) You agree to keep your membership details current at all times by accessing your account via the website. If you do not provide accurate and complete details we may not be able to activate your membership.
3.3 You will receive an email from us immediately after you create your membership account to activate your membership.
3.4 We only permit one registration per email address.
3.5 You must not use another members’ account without permission.
3.6 You must keep your password secure as you are responsible for any activity on your account. You agree to notify us immediately if you become aware of any security breach or any unauthorised use of your password or account.
3.7 If you forget your password you may click on the relevant link located on the website and we will email you a new password.
3.8 We reserve the right to terminate a member’s account at anytime for any reason whatsoever including without limitation, where we suspect the member has breached any of these terms and conditions.
3.10 You agree;
a) to pay fees on time and these fees will cover the postings. It does not provide you with exclusive rights to the web page. We will post third party advertising on web pages within our site.
b) you will not violate any laws.
c) you will not post any threatening, abusive, defamatory, obscene or indecent content and images.
d) you will not be false or misleading
e) you will not distribute or contain spam, chain letters or pyramid schemes
4. Your Use of the Website:
4.1 You agree to use the website only for purposes that are permitted by these terms and conditions, any applicable law or regulation and/or generally accepted practices or guidelines.
4.2 You agree that you will not engage in any activity that interferes with, attempt to interfere or disrupts the website or the servers and networks that host the website or the proper working of the site or any transactions being conducted on the website to gain unauthorised access to any part of the website. You agree not to, or attempt to, circumvent, disable or otherwise interfere with security-related features of the website or features that prevent or restrict use or copying of any content or enforce limitations on the use of the website or the content.
4.3 You understand and agree that any suspected fraudulent, abusive or illegal activity may be referred to appropriate law enforcement authorities.
4.4 GIZMOGARAGESALES.COM.AU may stop (temporarily or permanently) providing access to the website to you or to guests or members generally, at its discretion and without prior notice to you.
4.5 GIZMOGARAGESALES.COM.AU may in its sole discretion terminate your account or restrict your access to the website. If GIZMOGARAGESALES.COM.AU does this, you may be prevented from accessing all or parts of the website, your account details or other content contained in your account. GIZMOGARAGESALES.COM.AU will not be liable to you or any third party for doing so.
4.6 As electronic websites are subject to interruption or breakdown, access to the website is offered on an "as is" and "as available" basis only.
4.7 GIZMOGARAGESALES.COM.AU may impose limits or restrictions on the use you may make of the website. Further, for security, technical, maintenance, legal or regulatory reasons, or due to any breach of these terms, GIZMOGARAGESALES.COM.AU may withdraw the website, or change or remove website functionality at any time without notice to you.
5.1 This website is our copyright property. You may view this site and electronically copy or print hard copies or parts of this site for your personal or non-commercial use only. You may not distribute, reproduce, display, publish or otherwise commercialise any part of this site without our written permission.
6.1 This website may contain registered and other trademarks belonging to GIZMOGARAGESALES.COM.AU. Except with our prior written approval, we do not authorise the grant of any licence or right to use those trademarks.
7.1 Prices for posting services on this site are shown in Australian dollars and do not include GST at this stage.
7.2 Registering as a member of GIZMOGARAGESALES.COM.AU website is free.
7.3 GIZMOGARAGESALES.COM.AU will offer stipulated website services for the price described in the website – see our fees area for price structure.
7.4 We reserve the right to correct any errors.
8.1 All payments must be made in full.
8.2 Payments must be made via the PayPal (Coming Soon) secure payment gateway facilities accessible via the website and will be subject to any terms and conditions of these providers.
9 Linked Websites:
9.1 This site may contain links to third party websites for your convenience only and do not indicate an endorsement by GIZMOGARAGESALES.COM.AU of those sites or the products/services offered on those sites.
9.2 We take no responsibility for the content or use of those sites and you enter linked sites at your own risk.
10. Buying and Selling on GIZMOGARAGESALES.COM.AU:
10.1 The following guidelines apply for listing items for sale on GIZMOGARAGESALES.COM.AU:
10.2 GIZMOGARAGESALES.COM.AU is a consumer to consumer site where consumers sell items on GIZMOGARAGESALES.COM.AU to other consumers which is only available to Australian resident users.
10.3 Items listed by sellers who reside outside Australia will be deleted without warning,
10.4 Items deemed offensive by GIZMOGARAGESALES.COM.AU staff, will remove without warning. Offensive items include (but not limited to) items such as weapons, pornography or any item deemed to be in bad taste will be banned.
10.5 GIZMOGARAGESALES.COM.AU reserves the right to remove any item that is deemed to be unsuitable for sale on the GIZMOGARAGESALES.COM.AU website.
10.6 The seller must be legally entitled to sell the item listed for sale on GIZMOGARAGESALES.COM.AU.
10.7 The decision to remove any item is final. A refund for any item removed from sale by GIZMOGARAGESALES.COM.AU is at the discretion of GIZMOGARAGESALES.COM.AU management but as a general rule refunds will not be offered.
10.8 Any user who repeatedly lists items that are not suitable for sale on GIZMOGARAGESALES.COM.AU will be banned.
10.9 The seller must comply with any laws that relate to items that they are selling.
11. Responsibilities of the Seller:
11.1 By accepting these terms & conditions on registration you agree to the terms and conditions of this website.
11.2 you agree to pay your account on time and in full.
11.3 The seller must ensure that the item listed for sale is not in any breach of the rules listed above.
11.4 The seller must ensure that the item listed for sale is available for purchase by a buyer.
11.5 The seller must ensure that the item is described correctly and in the specified condition.
11.6 The seller must only use photographs to post on this site of the actual item and not any other item which is similar.
11.7 It is the seller’s responsibility to ensure that you are not breaching any kind of law and must satisfy industry standards and rules of the type of items being sold.
11.8 When a buyer purchases an item the seller is responsible for ensuring that the buyer has the relevant information to make payment for the item.
11.9 When an item is sold the Seller is to ensure that reasonable communication is made with the buyer in order to complete the transaction, within a reasonable timeframe (as a guideline within 3 days).
11.10 If the seller has posted that the item will be mailed, the seller is responsible for mailing the item to the buyer within an agreed time frame (as a guideline within 5 working days).
11.11 Any seller determined to have received payment for an item but fails to send the item will be banned from GIZMOGARAGESALES.COM.AU.
11.12 If you see an item for sale which you believe is not suitable you can report it by emailing us via the contact section of this website.
12. Responsibilities of the buyer:
12.1 When you click on the “buy” or “bid” button of any item the buyer is entering into an agreement with the seller to purchase that item.
12.2 Failure to follow through with payment for an item may result in the buyer being banned from GIZMOGARAGESALES.COM.AU.
12.3 When a successful purchase has been made the buyer is responsible for making relevant communications with the seller in order to complete the transaction.
12.4 The buyer is responsible for making payment to the seller of the item in using the method specified by the seller.
12.5 If you see an item for sale which you believe is not suitable you can report it by emailing us via the contact section of this website.
12.6 The buyer is responsible for ensuring their mailing address is specified correctly when making a purchase on GIZMOGARAGESALES.COM.AU.
12.7 We reserve the right to ban any user that we determine to be in breach of any of these conditions or to be using GIZMOGARAGESALES.COM.AU in any unsuitable manner.
12.8 We reserve the right to alter these terms and conditions at any time.
13.1 We are not responsible to you or anybody else for any loss incurred in relation to your use of this website. Your use of this site is at your own risk.
13.2 We make no express or implied representations or warranties of any kind as to the operation of this site or any information, goods or services offered on this site, except to the extent that such obligation cannot be excluded at law.
13.3 We do not warrant that your use of the website will be uninterrupted or free from defects and viruses or that the information provided will be current. We are not liable to you or anyone else if your computer system is in any way damaged or affected by your use of this website.
13.4 To the extent permitted by law, we exclude all liability for any loss or damage (including without limitation indirect, special, punitive or consequential loss or damage) arising from the use or reliance on this website whether or not caused by a negligent act or omission.
14.1 You registering as a user of our site 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.
15. Privacy and Personal Information:
15.1 The privacy of your personal information is important to GIZMOGARAGESALES.COM.AU.
15.2 GIZMOGARAGESALES.COM.AU and its third parties may collect personal information directly from you when you register as a member of the website, when you place an Order, or when you contact us. Personal information may include your name, residential and/or postal address, telephone number and email address.
15.3 Your personal information is not collected if you only browse this website.
15.4 Online payments are handled by Paypal (Coming Soon). GIZMOGARAGESALES.COM.AU does not see or store your credit card or banking details. Please check the paypal.com.au websites for details of their privacy policies and security measures.
15.5 You may request GIZMOGARAGESALES.COM.AU to remove your personal information from its database by emailing us.
16. Governing Law
16.1 GIZMOGARAGESALES.COM.AU and all users of this site agree that the terms and conditions to use this website shall be governed by the laws of the State of New South Wales, Australia.
16.2 If you access this website in a jurisdiction other than New South Wales, Australia, you are responsible for compliance with the laws of that jurisdiction, to the extent that they apply.