Terms and Conditions of Use for www.seasell.com.au
1 GENERAL
2 USE OF WWW.SEASELL.COM.AU
3 BUYING AND SELLING ITEMS LISTED ON SEASELL
4 ADVERTISING ON SEASELL
5 ACCOUNTS
6 MISCELLANEOUS
1 GENERAL
1.1 The website www.Seasell.com.au (“the website”) is operated by Seasell. Seasell provides services through the website including, but not limited to, classified advertising and the provision of space for the advertisement for sale of goods and services (“advertisements”), and the browsing of advertisements placed by other users.
1.2 Seasell has the right, but not the obligation, to regulate content. “Content” includes advertisements and also includes (without limitation) any other postings, text, code, images, video, accounts, account information, messages, and any other communications posted to, stored on, or transmitted via the website.
1.3 By accessing or using the website you accept the terms, conditions and disclaimers set out on this web page, appearing elsewhere on the website (including the Privacy Policy), and any other terms agreed between you and Seasell (collectively, “the terms and conditions”), and you are a “user”. Seasell may modify these terms at any time at its discretion, and any such modifications will be applicable to subsequent access to or use of the website.
1.4 If you do not accept or agree to any of the terms and conditions now or at any time in the future, you may reject the terms and conditions by immediately terminating access to and use of the website. In that case, further access or use is unauthorised.
2 USE OF SEASELL
2.1 All content is the subject of copyright and is owned or licensed by Seasell. Content is provided for the internal or private use of users. You agree that you will not, without the consent of Seasell:
(a) use content for any commercial purpose;
(b) use any software or automated process to access or copy content to populate a database, to compete with Seasell in any way, or to design, develop, or operate any application or service that enables operation of, or interoperation with, the website;
(c) reproduce, publish, broadcast or distribute content;
(d) reverse engineer or decompile any or all of the website in order to identify, copy, or emulate any source code.
2.2 Seasell expressly disclaims all warranties for or with respect to—
(a) the security, reliability, timeliness, accuracy and performance of the website;
(b) computer worms, viruses, spyware, adware, and any other malware, malicious code or harmful content accessed, received, or disseminated through the website;
2.3 Limitations of liability:
(a) Seasell is not liable for any harm, injury, loss or damage of any kind incurred including (without limitation) direct, indirect, incidental, special, consequential, statutory, exemplary, and punitive damages—
(i) arising out of, in any way related to, or as a result of your inability or the inability of other users to access the website or any content, or for the removal, deletion, limitation, modification, interruption, suspension, discontinuance or termination of the website or content accessed through the website;
(ii) arising out of, in any way related to, or as a result of any access to, use of, or reliance on the website or content by you or by anyone else, or for any transactions, communications, disputes or relations between you and any other entity arising out of or related to the website or its content;
(b) Seasell has the right to limit, modify, interrupt, suspend, or discontinue any or all of the website at any time without notice, and Seasell will not be liable for any such limitations, modifications, interruptions, suspensions, or discontinuance, or for any harm, injury, loss or damage of any kind incurred including (without limitation) direct, indirect, incidental, special, consequential, statutory, exemplary, and punitive damages arising therefrom or related thereto;
(c) To the extent permitted by law you release Seasell and any associated or related bodies corporate, servants, agents, predecessors, successors, assigns, service providers, and suppliers from all claims, demands, and damages of every kind and nature, known and unknown, direct and indirect, suspected and unsuspected, disclosed and undisclosed, arising out of or in any way related to the website or content accessed through the website, and in respect of any interactions with others arising out of or in any way relating to the website.
(d) Seasell’s liability for breach of any implied warranty or term or condition that cannot be excluded is limited, at the option of Seasell, to either the re-supply of services or payment of the cost of re-supply of services.
2.4 In submitting content to Seasell for publication on the website, you indemnify Seasell, its officers, employees and agents, against all liabilities, claims, demands, damages, costs and penalties suffered by Seasell as a result of your breach of the terms and conditions.
3 BUYING AND SELLING ITEMS LISTED ON SEASELL
3.1 Seasell is not involved in, is not party to, makes no representations or warranties as to, and has no liability or responsibility with respect to any communications, transactions, interactions, or any other relations between you and any other user of the website.
3.2 You agree to indemnify and hold Seasell harmless from and against any third-party claims, demands, or damages related to or arising out of your interactions with other users of the website. The indemnity in this clause extends to payment of any legal fees or costs incurred by Seasell.
3.3 Seasell makes no guarantees, undertakings or warranties regarding the accuracy, truth, comprehensiveness or currency of information contained in advertisements, the suitability, quality, safety, merchantability, fitness for any particular purpose or legality of any of the goods or services advertised on the website, or the ability or capacity for sellers or buyers to complete or enforce a transaction regarding a good or service advertised on the website.
4 ADVERTISING ON SEASELL
4.1 On application by you, Seasell will, subject to the terms and conditions, publish content that you submit. You are solely responsible for any content you submit for publication, and if you create an account you are responsible for all content submitted through or by use of your account.
4.2 In submitting content to Seasell, you—
(a) warrant that you are authorised to use the content for the purposes of advertising;
(b) warrant that your use of the content does not infringe any third party rights, including intellectual property rights;
(c) warrant that you are at least 18 years of age;
(d) warrant that you are legally entitled to sell any good or service being advertised;
(e) warrant that any good or service for sale is located in Australia;
(f) agree that Seasell may review the content for compliance with the terms and conditions prior to publishing the content;
(g) agree that Seasell may postpone the publication of content until such time as any review undertaken pursuant to clause (f) is completed;
(h) grant to Seasell a royalty-free, perpetual and irrevocable licence to display, distribute, prepare derivative works from, reproduce, modify, sub-licence, adapt, and otherwise use the content for any purpose including, but not limited to, the purpose of publishing your advertisement on the website or any other website as Seasell decides from time to time;
(i) agree to comply with the guidelines for advertisements published by Seasell as in force at the time of submitting the content and as modified thereafter;
(j) agree to provide any further information in connection with the content as Seasell reasonably requires;
(k) agree to notify Seasell and remove your advertisement from the website upon the sale, or withdrawal from sale, of any good or service the subject of the advertisement;
(l) if submitting content relating to a pet or domestic animal—agree to adhere to and follow the guidelines set out in the Seasell Pet Policy: Pet Policy
4.3 You agree not to alter or amend an advertisement or the content of an advertisement to describe, or offer for sale, a good, service, or event which is different from the good, service, or event originally advertised.
4.4 Seasell may, in its complete and unfettered discretion, remove from the website or refuse to place on the website—
(a) any content that Seasell considers in its complete and unfettered discretion to be—
(i) offensive and/or inappropriate (including, without limitation, defamatory, threatening, hateful, or pornographic content);
(ii) false, fraudulent, misleading or deceptive, or incorrect;
(iii) in breach of the terms and conditions, of any third party rights, or of any law;
(iv) content that discloses another’s personal, confidential or proprietary information (including content that identifies a person, or that is capable of being used to identify a person without that person’s consent).
(b) any content that refers to sales or advertising with third party organisations or websites;
(c) advertisements for items or services on its Prohibited Items and Services List which is found at Prohibited and Restricted Items;
(d) any content, where requested to do so by a third party.
4.5 Flagging and review of content:
(a) A user may seek the removal of content if the user believes in good faith and on reasonable grounds that the content violates the terms and conditions by “flagging” the content.
(b) You agree that flagged content may be suspended from the website while Seasell reviews the content’s compliance with the terms and conditions and that no compensation or refund will be payable by Seasell to you in respect of any such period of suspension.
(c) Seasell may, in conducting any such review, require you to provide information that is necessary or convenient to enable Seasell to determine whether the content is compliant with the terms and conditions. You agree to provide to Seasell any such information in the manner and within the time stipulated by Seasell, failing which Seasell may delete the flagged content without further notice to you.
5 ACCOUNTS
5.1 Subject to this clause 5 you may create and maintain either a business account or a private account. You may maintain and use no more than one account per email address, and you may create an account only on your own behalf or for a business carried on by an entity that you control or that authorises you to create an account.
5.2 If you create an account but do not activate it by email verification within 72 hours of creation your account will be deleted, in which case any fee payable in respect of the creation of an account will again be payable if you create another account.
5.3 Where a fee is charged, for example the Seasell OEM subscription, all fees must be paid by the due date. Where fees are not received in the Seasell bank account within two days of the due date, the account will be suspended and all account data may be deleted.
6 MISCELLANEOUS
6.1 The terms and conditions are governed by and construed in accordance with the laws of the Victoria, Australia, and each party submits to the non-exclusive jurisdiction of the courts of the Victoria, Australia.
6.2 If any provision or part of any provision of the terms and conditions are invalid or unenforceable for any reason, it shall be severable and severed and shall not affect the remaining provisions of the terms and conditions.