Community Tradelink.
Terms of Use:
Effective 2 December
2019. The Services (as defined below) will be provided
to you by Community Tradelink. (we, our, us) a trading name of UBT
Marketing Pty Ltd ACN 162 091 796 as trustee for UBT Marketing
Trust ABN 84 296 716 805 of Level 6, 10 Herb Elliott Avenue, Sydney Olympic
Park, NSW 2127 (UBT). UBT provides you the licence to use the site
and is the data controller.
1. Introduction
Welcome to
communitytradelink.com (Site) a Marketplace set up by UBT by agreement
with Sharetribe Oy (Business ID 2432359-2), a limited
liability company incorporated and existing under the laws of Finland, having
its principal place of business at Bulevardi 14 A, 00120 Helsinki, Finland (Sharetribe).
These Terms of Use and the Privacy Policy and all policies posted on the Site
set out the terms on which we offer you access to and use of the Site,
services, applications and tools (collectively Services). You
agree to comply with the full Terms of Use when accessing or using the
Services.
2. Your Account
To access and use some of
the Services, you may need to register with us and set up an account with your
email address and a password (your Account). The email
address you register with will be your email address, and you are solely
responsible for maintaining the confidentiality of your password. You are
solely responsible for all activities that happen under your Account. If
you believe your Account has been compromised or misused, contact us
immediately at Community
Tradelink. Customer Support.
3. Using the Site
The Services are intended
for access by adults; if you are not an adult, you must be accompanied by an
adult when accessing the Services. You agree that you will not do any of
the following:
• violate any laws or our
Posting Rules;
• post any threatening,
abusive, defamatory, obscene or indecent material;
• be false or misleading;
• infringe any
third-party right;
• distribute or send
communications that contain spam, chain letters, or pyramid schemes;
• distribute viruses or
any other technologies that may harm the Site, the Services or the interests or
property of the users of the Site;
• impose an unreasonable
load on our infrastructure or interfere with the proper working of the
Services;
• copy, modify, or
distribute any other person’s content without their consent;
• use any robot spider,
scraper or other automated means to access the Services and collect content for
any purpose without our express written permission;
• harvest or otherwise
collect information about others, including email addresses, without their
consent; and/or
• bypass measures used to
prevent or restrict access to the Services.
4. Abusing the Services
We and our community work
together to keep the Services working properly and the community safe.
Please report problems, offensive content and policy breaches to us using the reporting
system[CS2] . You are solely responsible for all information that you
give us or the Site any consequences that may result from your posts. We
can at our discretion refuse, delete or take down content that we think is
inappropriate or breaching these Terms of Use. We also can at our
discretion restrict a user’s usage of the Services either temporarily or
permanently; or refuse a user’s registration. Without limiting other
remedies, we may issue warnings, limit or terminate our Services, remove hosted
content and take technical and legal steps to keep users off the Services if we
think that they are creating problems or acting inconsistently with the letter
or spirit of our policies. However, whether or not we take any of these
steps, we do not accept any liability for monitoring the Services or for
unauthorised or unlawful content on the Services or use of the Services by
users. You also accept that we are not under any obligation to monitor
any data or content which is submitted to or available on the Services.
5. Global Marketplace
Some features of
the Services may display your ad on other sites in our community. By
using the Services, you agree that your ads can be displayed on these other
sites. The terms for our other sites are similar to these terms, but you
may be subject to additional laws or other restrictions in the countries where
your ad is posted. When you choose to post your ad to another site, you
may be responsible for ensuring that it does not violate our other site
policies. We may remove your ad if it is flagged on any of our sites, or
if we believe it causes problems or violates any law or policy.
6. Fees and Services
Using the Services is
generally free. We may sometimes charge a fee for certain features or
Services. If the feature you use incurs a fee, you will be able to review
and accept that charge before purchase. If you choose to pause an ad at
any stage, any features you have applied to your ad will not be paused.
Our fees are quoted in Australian Dollars, and we may sometimes change
them. We will notify you of changes to our fees by posting the changes on
the site. We may sometimes temporarily change our fees for testing
purposes, promotional events or new features, these changes take effect from
the time the price change is posted to the site. Our fees are
non-refundable after the feature is supplied, and you are responsible for
paying them when they are due. If you do not, we may limit your ability
to use the Services. If your payment method fails or your account is past
due, we may collect fees owed using collection mechanisms, including third
party debt collection services. Australian taxes associated with our
Services will be collected where applicable. You agree to provide
accurate information necessary for us to comply with our obligations under
applicable law. You are solely responsible for collecting and remitting
any applicable taxes resulting from the sale of your items or services listed
on the Services.
7. Content
The Services contain
content from us, you, and other users. The Site is protected by copyright
laws and international treaties. Content displayed on or via the Services
is protected as a collective work and/or compilation, pursuant to copyrights
laws and international conventions. You agree not to copy, distribute the
Services or modify content from the Services, our trademarks or copyrights
without our express written consent. You may not disassemble or decompile,
reverse engineer or otherwise attempt to discover any source code contained in
the Services. Without limiting the foregoing, you agree not to reproduce,
copy, sell, resell, or exploit for any purposes any aspect of the Services
(other than your own content). When you give us content, including
pictures, you grant us and represent that you have the right to grant us, a
non-exclusive, worldwide, perpetual, irrevocable, royalty-free, sub-licensable
(through multiple tiers) right to exercise any and all copyright, publicity,
trademarks, design, database and intellectual property rights to that content,
in any media whether now known or to be discovered in the future, including
third party sites and applications. You agree not to enforce and waive
all moral rights you have in the content to the fullest extent permitted by
law. We reserve the right to remove content where we have grounds for
suspecting the violation of these terms or the rights of any other party.
8. Reporting Intellectual
Property Infringements
Do not post content that
infringes the rights of third parties. This includes, but is not limited
to, content that infringes on intellectual property rights such as copyright
and trademark (e.g. offering counterfeit items for sale). We can remove
content where we have grounds for suspecting the violation of these terms, our
policies or of any party’s rights. If you believe that a listing on Community Tradelink infringes any copyright, trademark, or other intellectual property rights, please advise us immediately via the Complaints Form found at the top of this page.
9. Third Party services
on the Site
We may facilitate a
payment gateway for the benefit of users of the site. If such a gateway is provided, it is solely
for the purpose of enabling monetary transactions between users and we are in
no way party to such transactions. We
have no part or responsibility in relation to transactions between users of the
site, we give no representations in respect of the items or services being
transacted and make no guarantee as to the payment from one user to
another. If you choose to make use of
any payment gateway, it will be external to the site and subject to the terms
of use and privacy policy of that gateway.
10. Legal and Financial
Advice
You acknowledge and agree
that you have had the opportunity to obtain independent legal and financial
advice from appropriately qualified professional advisers and that you take
into account your personal objectives, financial situation and needs before
buying or selling an item via the Services.
11. Limitation of
Liability
Nothing in these Terms of
Use (including this clause 11) excludes, restricts or modifies any rights or
statutory guarantees that you may have under applicable laws that cannot be
excluded, restricted or modified, including any such rights or statutory
guarantees under the Australian Consumer Law. To the extent that these
Terms of Use are found to exclude, restrict or modify any such rights or
statutory guarantees, those rights and/or statutory guarantees prevail to the
extent of the inconsistency. Services are provided “as is” and “as
available”. You agree not to hold us responsible for things other users
post or do. As most of the content on the Services comes from other
users, we do not guarantee the accuracy of postings or user communications or
the quality, safety, or legality of what is offered. We also cannot
guarantee continuous or secure access to the Services. While we will use
reasonable efforts to maintain an uninterrupted service, we cannot guarantee
this; to the extent permitted by law, we do not give any promises or warranties
(whether express or implied) about the availability of our Services or that the
Services will be uninterrupted or error-free. Notification functionality
in the Services may not occur in real time. That functionality is subject
to delays beyond our control, including without limitation, delays or latency
due to your physical location or your wireless data service provider’s
network. To the extent permitted by law, we are not liable for the
posting of any unlawful, threatening, abusive, defamatory, obscene or indecent
information, or material of any kind by a user of the Services which violates
or infringes upon your rights, including without limitation any transmissions
constituting or encouraging conduct that would constitute a criminal offence,
give rise to civil liability or otherwise violate any applicable law. To
the extent permitted by law, and without limiting any rights that you may have
under the Australian Consumer Law, our liability to you for any failure by us
to comply with any statutory guarantee under the Australian Consumer Law is
limited to our supplying the Services again or paying you the cost of having
the Services supplied again. We exclude any liability to you for any loss
or damage suffered by you as a result of our failing to comply with an
applicable statutory guarantee under the Australian Consumer Law if your suffering
such loss or damage was not reasonably foreseeable and was not directly caused
by us.
12. Indemnification
You will indemnify and
hold harmless us and our affiliates and our and their respective officers,
directors, agents and employees (each an Indemnified Party), from
any claim made by any third party, together with any amounts payable to the
third party whether in settlement or as may otherwise be awarded, and
reasonable legal costs incurred by any of the Indemnified Parties, arising from
or relating to your use of the Services, any alleged violation by you of the
applicable terms, and any alleged violation by you of any applicable law or
regulation. We reserve the right, at our own expense, to assume the
exclusive defence and control of any matter subject to indemnification by you
but doing so will not excuse your indemnity obligations.
13. Release
If you have a dispute
with one or more of our users, you release us (and our officers, directors,
agents, subsidiaries, joint ventures and employees) from any and all claims,
demands and damages (actual and consequential) of every kind and nature, known
or unknown, arising out of or in any way connected with such disputes.
14. Personal Information
By using the Services,
you agree to the collection, transfer, storage and use of your personal
information by us (the “data controller”) on servers located in the United
States and in the European Union as further described in our privacy policy.
15. Severability
If a provision of these
Terms of Use is illegal or unenforceable in any relevant jurisdiction, it may
be severed for the purposes of that jurisdiction without affecting the
enforceability of the other provisions of these Terms of Use.
16. General
These Terms of Use and
the other policies posted on the Services set out the entire agreement between
us and you, overriding any prior agreements. This agreement is governed
by the laws of New South Wales, Australia. We and you submit to the
non-exclusive jurisdiction of the courts of New South Wales, Australia.
If we do not enforce any particular provision, we are not waiving our right to
do so later. If a court strikes down any of these Terms of Use, the
remaining terms will survive. We may automatically assign this agreement
in our sole discretion in accordance with the notice provision below (our
assignment to an affiliate will not require notice). You acknowledge that
the Site and the Services are dependent on the agreement between us and
Sharetribe and if for any reason Sharetribe withdraws our licence for the
provision of the Site we will be unable to provide any access to the Site or
any content you may have posted. Notices sent to us may be sent by email
to Community Tradelink. Customer Support. We will send notices to you via
the email address you provide, or by registered mail. Notices sent by
registered mail will be deemed received five days following the date of
mailing. We may update this agreement at any time, with updates taking
effect when you next use the site or after 30 days, whichever is sooner.
No other amendment to this agreement will be effective unless made in writing,
signed by you and by us. Send questions, comments or complaints to Community
Tradelink. Customer Support.
Last Modified: 1 January 2020
Copyright © 2019 UBT
Marketing Pty Ltd ACN 162 091 796. All Rights Reserved.
