eList Australia's Free Classifieds -

Welcome to eList.com.au Terms and Conditions. 

1. Use of this website is subject to the following terms and conditions and all applicable laws; by accessing and browsing this website, you accept, without limitation or qualification, these terms and conditions. If you do not agree with any of the terms, please do not use the website. eList has the right to refuse or delete any classified at any time. 


2. Your use and browsing of the Site is at your own risk. Neither eList.com.au or any other party involved in creating, producing, or delivering the Site is liable for any direct, incidental, consequential, indirect, or punitive damages arising out of your access to, or use of, the Site. Without limiting the foregoing, everything on the Site is provided to you "AS IS" WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESSED OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT. Please note that some jurisdictions may not allow the exclusion of implied warranties, so some of the above exclusions may not apply to you. Check your local laws for any restrictions or limitations regarding the exclusion of implied warranties. eList.com.au also assumes no responsibility, and shall not be liable, for any damages to, or viruses that may infect your computer equipment or other property on account of your access to, use of, or browsing in the Site or your downloading of any materials, data, text, images, video, or audio from the Site. 

3. Responsibility for the content of advertisements appearing on this web site (including hyperlinks to advertisers' own websites) rests solely with the advertisers. The placement of such advertisements on the web site does not constitute eList's recommendation or endorsement of the advertised product or service. Each advertiser is solely responsible for any representation made in connection with its advertisement. 

4. Exclusion of Warranties. We make no representation or warranty regarding the functionality or condition of this website, its suitability for use, or that its use will be uninterrupted or error-free. ALL MATERIAL OR INFORMATION ON THIS WEBSITE IS PROVIDED TO YOU AS IS WITHOUT WARRANTIES OF ANY KIND. THIS WEBSITE DISCLAIMS ALL WARRANTIES OR CONDITIONS, WRITTEN OR ORAL, STATUTORY, EXPRESSED OR IMPLIED, INCLUDING WITHOUT LIMITATION WARRANTIES OR CONDITIONS OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. These exclusions are in addition to any specific exclusion otherwise provided in these terms and conditions. To the extent that the jurisdiction to which you are subject does not allow exclusion of certain warranties, such exclusions which are not permitted do not apply. 

5. ELIST.COM.AU will endeavor to respond promptly and appropriately with respect to communications we receive. However, any communication or material you transmit to the Site or ELIST.COM.AU by electronic mail or otherwise, including any data, questions, comments, suggestions, or the like is, and will be treated as, non-confidential and non-proprietary. Anything you transmit or post to the site may be used by ELIST.COM.AU or its affiliates for any purpose, including, but not limited to, reproduction, disclosure, transmission, publication, broadcast, and posting. Furthermore, ELIST.COM.AU is free to use any ideas, concepts, know-how, or techniques contained in any communication you send to the Site or ELIST.COM.AU for any purpose whatsoever, including, but not limited to, developing, manufacturing, and marketing products using such information. 

6. Limitation of Liability. THIS WEBSITE WILL NOT BE LIABLE FOR ANY DAMAGES, EITHER DIRECT OR INDIRECT, INCIDENTAL, SPECIAL OR CONSEQUENTIAL, FOR USE OF OR INABILITY TO USE MATERIAL, PRODUCTS OR SERVICES OF ANY KIND, DELAY OF TOTAL OR PARTIAL DELIVERY, TERMINATION OF RIGHTS OR LOSS OF PROFITS, DATA, BUSINESS OR GOODWILL, WHETHER ON A CONTRACTUAL OR EXTRACONTRACTUAL BASIS, OR TO PROVIDE INDEMNIFICATION OR ANY OTHER REMEDY TO YOU OR ANY THIRD PARTY. Your sole and exclusive remedy is to discontinue using and accessing this website. To the extent that the jurisdiction to which you are subject does not allow any part of such limitation, such part does not apply. 

7. Links. Links and references to other websites are provided as a convenience only. This website has not reviewed and does not expressly or implicitly endorse other websites or any information or material, or the accessibility thereof, via such links, and does not assume any responsibility for any such other websites, information or material posted thereon, or products or services offered thereon. 

8. Accuracy of Information. While this website tries to update the information or materials on this website as often as possible, no assurance is given that information or material on this website is up-to-date, accurate, error-free or complete. 

9. Damage to Others. You agree not to introduce to or through this website any information or materials which may be harmful to others. Among other things, you agree not to include, knowingly or otherwise, any error or defect in materials or information which may, among other things, be a libel, slander, defamation or obscenity, or promote hatred or otherwise give rise to a criminal offence or civil liability on the part of any person or entity. 

10. Images of people or places displayed on the Site are either the property of, or used with permission by, ELIST.COM.AU. The use of these images by you, or anyone else authorized by you, is prohibited unless specifically permitted by these Terms and Conditions or specific permission provided elsewhere on the Site. Any unauthorized use of the images may violate copyright laws, trademark laws, the laws of privacy and publicity, and communications regulations and statutes. 

11. The trademarks, logos, and service marks (collectively the "Trademarks") displayed on the Site are registered and unregistered Trademarks of ELIST.COM.AU or others. Nothing contained on the Site should be construed as granting, by implication or otherwise, any license or right to use any Trademarks displayed on the Site without the written permission of ELIST.COM.AU or such third party that may own the Trademarks displayed on the Site. Your misuse of the Trademarks displayed on the Site, or any other content on the Site, except as provided in these Terms and Conditions, is strictly prohibited. 

12. Although ELIST.COM.AU may from time to time create new features, or monitor or review discussions, chats, postings, transmissions, bulletin boards, and the like on the Site, ELIST.COM.AU is under no obligation to do so and assumes no responsibility or liability arising from the content of any such locations nor for any error, defamation, libel, slander, omission, falsehood, obscenity, pornography, profanity, danger, or inaccuracy contained in any information contained within such locations on the Site. You are prohibited from posting or transmitting any unlawful, threatening, libelous, defamatory, obscene, scandalous, inflammatory, pornographic, or profane material or any material that could constitute or encourage conduct that would be considered a criminal offense, give rise to civil liability, or otherwise violate any law. ELIST.COM.AU will fully cooperate with any law enforcement authorities or court order requesting or directing ELIST.COM.AU to disclose the identity of anyone posting any such information or materials. 

13. GST

Sellers

If you are selling an item on eList.com.au and are required to be registered for and pay GST, please ensure that GST is included in the price of the item you are selling as all items that must include GST should be quoted with that amount included in the final price. Ie The price you quote is the price the buyer pays. You cannot add the GST amount on after someone has won the auction or brought your item. 

Buyers

Any price you see is inclusive of GST. 

13. ELIST.COM.AU may at any time revise these Terms and Conditions by updating this posting. You are bound by any such revisions and should therefore periodically visit this page to review the then current Terms and Conditions to which you are bound. 

We encourage you to read all of these terms and conditions and that you agree that by using eList.com.au you accept these terms and conditions and are bound by them. 

 Buyer And Seller Terms and Conditions

Responsibility

We take no responsibility for any disputes between any parties using this site and you agree not to include this site in any disputes you may have through the use of it. Please keep in mind that risks associated with dealing with persons and goods that may be shown to be different than what is shown on the site. You also agree that any information you provide us with is true and correct and in no way affects the rights of others. 

Selling Goods on this site. 

You must be legally able to sell any goods on this site and complete the sale with the buyer. The description of the goods you are selling must be accurate and concise. We may delete or suspend your membership to this site at any time if you fail to meet these conditions and do not act in good faith. You also agree not to infringe upon the copyright, trademark or other rights of third parties. You also agree not to in any way interfere or manipulate the price of goods on this site other than to bid. You also agree that any information you provide us with is true and correct and in no way affects the rights of others. 

Buying goods from this site. 

By registering on this site and buying for items you agree to be bound by any purchases you make and complete the sale by paying for the item. We may delete or suspend your membership to this site at any time if you fail to meet these conditions and do not act in good faith. You also agree not to in any way interfere or manipulate the price of goods on this site other than to bid. You also agree that any information you provide us with is true and correct and in no way affects the rights of others. 

Interference and manipulation of this site or the processes and information on it. 

By using this site you agree not to interfere with the workings of the site and to not try to manipulate, change, copy or modify it in any way. 


Use of your information

Your information will not be used for any other purpose other than to perform the functions of this site. Your email address and any other details you provide us with are kept in the strictest confidence. 

Outages

Although we strive to ensure this service is always available, the internet can always experiences outages. In the light of this we have the below policy for outages. 

If an outage causes a problem with viewing or bidding of items yet to be auctioned the item or items affected will be extended to cover the time of the outage. If the outage has been for more than and hour all auctions are extended for 24 hours.
SCHEDULED outage. 

From time to time we may schedule an outage for maintenance or other reasons. This does not constitute an outage where listings will be extended 

Disputes

In the event that a dispute arises in connection with the purchase or sale of any item on this site we firstly encourage you to try and remedy this with the person involved in the dispute. In the event that this can not be done you have the option of reporting the event to us through our contact section detailing what has happened we will then try to fix the situation. If the dispute is in connection to someone not following the guidelines set down by us that person can be warned or banned from using the site again. 

Jurisdiction and Other Points to Consider

If you use our site from locations outside of Australia, you are responsible for compliance with any applicable local laws. 

These Terms of Use shall be governed by, construed and enforced in accordance with the laws of Victoria, Australia, as it is applied to agreements entered into and to be performed entirely within such jurisdiction. 

To the extent you have in any manner violated or threatened to violate eList.com.au and/or its affiliates' intellectual property rights, eList.com.au and/or its affiliates may seek injunctive or other appropriate relief in any state or federal court in the State of Victoria, Australia, and you consent to exclusive jurisdiction and venue in such courts. 

Any other disputes will be resolved as follows: 

If a dispute arises under this agreement, we agree to first try to resolve it with the help of a mutually agreed-upon mediator in the following location: Melbourne, Victoria. Any costs and fees other than solicitors/legal/attorney fees associated with the mediation will be shared equally by each of us. 

If it proves impossible to arrive at a mutually satisfactory solution through mediation, we agree to submit the dispute to binding arbitration at the following location: Melbourne, Victoria, under the rules of Australian Arbitration laws. Judgment upon the award rendered by the arbitration may be entered in any court with jurisdiction to do so. 

GST

Sellers

If you are selling an item on eList.com.au and are required to be registered for and pay GST, please ensure that GST is included in the price of the item you are selling as all items that must include GST should be quoted with that amount included in the final price. Ie The price you quote is the price the buyer pays. You cannot add the GST amount on after someone has won the auction or brought your item. 

Buyers

Any price you see is inclusive of GST. 

EList.com.au may modify these Terms of Use, and the agreement they create, at any time, simply by updating this posting and without notice to you. This is the ENTIRE agreement regarding all the matters that have been discussed.