| TERMS AND CONDITIONS OF USE BETWEEN
SUNTRADER AND THE MEMBER
These terms and conditions form the basis of your use of the Suntrader website.
These terms and conditions may be amended from time to time. Members must be familiar with any changes to the terms and conditions and any changes will be notified to members via the website.
By registering and continuing to use this website you agree to be bound by the terms and conditions provided herein. You must read and agree to these conditions before registering with the site.
Membership
- Eligibility - You must be at least 18 years old to register to use this site. By completing the registration form you warrant that the information you provide is true and correct.
- You must provide a valid email address in order to active your membership.
- A member may cancel their Suntrader membership at any time provided that they do not have any active bids, auctions, classified ads or wanted ads by sending an email to Suntrader requesting cancellation. Suntrader will then remove the member’s details from the database however their details and any transactions will be retained by Suntrader for five (5) years or as required statute.
- Suntrader may cancel or suspend a member’s account if a member breaches any of these terms or conditions, lists a prohibited item or engages in offensive or illegal behaviour on the site. A suspended or cancelled member may request investigation of the alleged breach and if it is found proven the suspension or cancellation will be final and the member’s details and transactions will be removed from the site but retained by Suntrader for a period of up to five (5) years or otherwise required by statute.
Fees
- Membership of Suntrader is free.
- Bidding on this site is free.
- Submitting a classified or wanted ad attracts a fee fixed according to the value of the goods for sale.
- Members may only list classified and wanted ads and auctions if there is sufficient credit in their account to pay the listing fees and end of auction fee. If a member’s account goes into debit for any reason all current listings will be suspended.
- Members may request that Suntrader provide them with credit. It is at Suntrader’s discretion to provide credit and the level of such credit. Suntrader retain the right to revoke credit at any time.
- Suntrader reserve the right to change the fees charged for any services at any time. The fees for any new services offered by Suntrader will be advertised on the site prior to the service commencing and the fees will be effective at the time the new services are commenced.
- All fees are inclusive of GST and are in Australian dollars.
General Terms of Service
- Suntrader provides a venue for members to offer items for sale or purchase items or submit wanted notices. Suntrader does not perform the role of auctioneer and does not take part in the transaction between buyer and seller.
- Suntrader does not see, examine or possess any items advertised for sale on this site unless otherwise notified. Suntrader has no control over and does not warrant the quality, quantity, safety, legality or fitness for the use intended of any item advertised for sale or auction on Suntrader. Suntrader will not accept or assume any liability whatsoever in respect of items posted for sale or auction.
- Suntrader cannot and does not guarantee the completion of any sale or purchase of items on the site. Registered users are warned that Suntrader does not guarantee the identity of any other registered user of the site.
- Suntrader cannot confirm the identity of each individual user. Suntrader takes no responsibility for any action or omission of any registered user.
Suntrader is not liable for any losses suffered by registered users as a result of participating in an auction or responding to a classified ad or wanted notice. In the case of any dispute arising from the use of the services, Suntrader shall be released from all liabilities, claims, demands and damages (actual and consequential) of any kind.
You must not link directly or indirectly to or include descriptions of goods or services that:
are prohibited under this Agreement;
are concurrently listed for sale on a web site other than Suntrader.
you do not have a right to link to or include.
Obligations of Bidders
- If you are the highest bidder at the end of an auction you are obligated to complete the transaction with the seller unless the transaction is prohibited by law or after reasonable efforts you are unable to contact and/or identify the seller.
- Bids are not retractable except in exceptional circumstances such as when a seller materially changes an item’s description after you bid, a clear typographical error is made, you cannot authenticate the seller’s identity or with the seller’s agreement before selling ends.
Obligations of Sellers
- You must not list an item for sale unless you are the legal owner and are legally able to sell the item or items listed for sale by auction.
- You must accurately describe the item and the terms of sale on the auction. Items must be listed in an appropriate category.
- You shall not offer for sale any item which is within Suntrader’s prohibited item list or is in contravention of any law or regulation governing sale of the same.
- You may not link to outside websites except to link to a page that further describes the item you are selling as long as products and/or services cannot be purchased from that page directly or indirectly.
Users are not permitted to use any advertisements (Classified, Auction, Wanted, Garage Sale) as a way to promote a business or service, or to circumvent other Suntrader Terms and Conditions.
Auction Advertisements
Auction advertisements are to be for one item only. If there are multiples of identical items, then a "Dutch" auction may be used. - Sellers are not permitted to put contact details of any kind in Description text field, or to encourage buyers to contact them outside of Suntrader. In short, Auctions should be completed on the website entirely.
You must not list an item for sale unless you are the legal owner and are legally able to sell the item or items listed for sale.
Users are only permitted to promote their business in the body of the Auction advert when:
That business does have an existing Suntrader Store. or
They otherwise have the express permission of Suntrader to do so.
Classified Advertisements
- Classified advertisements are to be for one item only. If there are multiples items, then a free form listing must be used to sell your items.
- You must not list an item for sale unless you are the legal owner and are legally able to sell the item or items listed for sale.
- Classified listing fees (for non free-form listing) are proportional to the set price of the item.
For this reason, it is a condition of this website that when placing classified adverts, the seller:
Will choose a price that they would genuinely take for the item
Does not place any alternate pricing description anywhere else in the advertisement - this includes the Title or Description of the item - unless a free form listing is used.
- Users are also not permitted to use Classified adverts as a way to solely promote their business or service, or to circumvent other Suntrader Terms and Conditions.
Wanted Advertisements
- Wanted advertisements are to be used to express an interest for one item only.
- Users are not permitted to list multiple items in a Wanted listing.
- Users are also not permitted to use Wanted adverts as a way to promote a business or service, or to circumvent other Suntrader Terms and Conditions.
Right to Suspend
We reserve the right to suspend or modify any classified advertisements, wanted ads or auctions that violate these terms and conditions.
Feedback
At the end of an auction the seller and buyer are encouraged to leave feedback. Site administrators reserve their rights to delete malicious or untrue feedback once any claims to this effect have been investigated and confirmed.
Dispute Resolution
Any dispute that cannot be resolved by discussions between the member and Suntrader will be referred to the Dispute Settlement Centre Victoria. Parties will bear their own costs.
Jurisdiction
This Agreement is governed by the laws of the State of Victoria. Members irrevocably submit to the exclusive jurisdiction of the courts of Victoria. |