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.
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
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.
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
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
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.
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
Last Modified: 1 January 2020
Copyright © 2019 UBT Marketing Pty Ltd ACN 162 091 796. All Rights Reserved.