Information about Community Tradelink

Terms of use

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 have a good faith belief that a listing on any of the Services infringes your copyright, trademark, or other intellectual property rights, all you need to do is download our Notice of Infringement form, fill it out, scan it and email it to us.  Only the intellectual property rights owner can report potentially infringing items or listings through this process.  We can share, in accordance with applicable law, the completed form with the third party that originally posted the potentially infringing listing.

 

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.