Terms & Conditions
In these terms of access, the words “we”, “us” and “our” means
TradingPlate Pty Ltd of 58 Poath road Hughesdale 3166 Victoria (ACN 658880114)
In the State of Victoria and by accessing this website the User agrees to be bound by these terms and conditions.
The terms and conditions can be revised at any stage and take effect when posted by us.
A. Website Content Use
- Anything posted on the website is subject to copyright, trademark and intellectual property laws (called “intellectual property rights”).
- Access to the website is solely for personal use and not for commercial purposes.
- The intellectual property rights are owned by us or our licensors and are never to be transferred to any party unless prior written authorisation to the User is provided.
- You are not to reproduce the website in any way by way of robot, spider, scraper or similar technology unless our prior written consent is obtained in writing.
- The use of the website by any party may be revoked or suspended by Us at any time in Our full discretion.
B. Material submitted to the Website
- You are encouraged by us to submit material for dissemination and discussion if appropriate and this may include uploading material such as photographs (the submissions).
- Any material submitted by you is subject to your own personal copyright retention. In posting or submitting material on our website, you give us free and uninhibited access to such material on a royalty free and non-exclusive basis to use such material as we deem fit in any way on the website.
- In the provision of materials or submissions to the website, you give a warranty that you have full rights, powers, and authority to publish such material and submissions and authorise us to use such material and submissions including intellectual property rights, as posted, and provided to the website.
- Any User of the website must not submit or post or display any of the following:
a. Any material of any format (the content) which breaches any Commonwealth or State law or which is false, misleading, defamatory, pornographic or in our view inappropriate material for the website. Any such content may be removed by us without notice at our sole discretion. In the event that it is removed the user has no recourse against us and cannot make any claim for any compensation,
damages or costs and expenses.
b. The posting content must not infringe any intellectual property rights of any other party.
c. Any content which in any way misrepresented any other party will be deleted by us and shall not be posted by you
d. You shall not post any unsolicited material of a political nature or advertising of any type without Our written approval first being obtained.
e. Commercial content and activities of an unsolicited nature relating to scams, junk mail or content not applicable to the Use of the website must not be posted by you.
f. You shall not post any private information of any other party.
- By using the website, you may be exposed to material which you find disturbing in some format and you use the website at your own risk. In our sole discretion we reserve the right to modify or amend, refuse, or remove any material that is submitted by you to be posted on the website.
- In making a submission to the website you are responsible for your own postings of material and warrant that we have no control over the material which you post or supply.
C. Payment of Buyers Fee and purchase of Plate
- The buyer shall pay to us a buyer’s fee as set out on the website from time to time upon being digitally introduced to the seller such fee to be paid to us by EFT or by credit card payment to our nominated account.
- Upon a successful bid being accepted by a seller the buyer shall make payment as specified by the seller to the seller’s nominated account and at this time a transfer of the plate shall be provided by the seller to the buyer.
- The seller and the buyer accept that the final transaction is between the seller and the buyer and both the seller and the buyer indemnify and shall keep us indemnified in relation to the final transaction as between the seller and the buyer. The buyer and seller shall bear full responsibility for the payment of funds to the subject of the winning bid and the transfer of the plate from the seller to the buyer.
D. Website Linking
- We would encourage all users to link this website wherever appropriate provided that you will not use any of our logos or trademarks without our prior written consent.
- You shall not represent or imply that any part of this website does not belong to us.
- In the event at our sole discretion, we object to any posting of material and we notify you of such objection, you must immediately withdraw such offending material.
E. General Conditions
- By Using the website you must not
a. Breach any applicable laws;
b. Pass on viruses or corrupt files or any such software or programs that can damage Our systems being hardware and software;
c. Pass on any information for the use and access to the website unless previously authorised by Us in writing;
d. Obtain in any way information supplied by this website and pass it on to third parties;
e. Threaten, defame or abuse in any way any third party or in any way infringe upon a thirty party’s rights; or
f. In any way provide or post material which is offensive to a third party Using this website
F. Exclusions and Warranties
- Consumer and Protection Legislations of both Commonwealth and State cannot be excluded.
- You acknowledge that the use of the website is at your sole risk and responsibility and that in your use of the website you rely upon your own experience, judgement and skill to evaluate the use of the website and that the website meets with your personal requirements.
- We will ensure that the use of the website will be uninterrupted and free of viruses.
- We are not responsible for any loss, corruption or interception of data posted or retrieved from the website which occurs outside this website system and you are responsible for installing any up-to-date firewall software and anti-virus software on your computer.
- Unless contained in these terms, any warranty or condition, whether implied or express, is hereby excluded to the extent allowed by law.
- In the event that any condition or warranty either express or implied is breached by us, we are able to limit your remedy for this breach to one of the following:
a. In relation to goods, the replacement of the goods or supply of similar goods, repair of the goods or payment of the cost of repairing the goods; or
b. In relation to services, the supplying of those services again or the payment of the cost of having the services provided again.
- The maximum aggregate liability for any claim for the breach of the aforesaid conditions, shall be a maximum of One hundred dollars ($100.00) as a result of your access or posting to the website. Our liability shall be diminished in the event that any of your acts or omissions of acts have contributed to the cause of the loss or liability
- The use, access or posting to the website which has caused you damage is further limited and you agree not to claim for any indirect, special, consequential, incidental, or punitive loss or damage or for any loss or damage, of goodwill, opportunity, anticipated saving, profit, revenue, or bargain.
- The aforesaid limitations, regardless of whether they have arisen in contract, tort, equity or under statute are limited to the above clauses 6-8.
- You agree to indemnify and keep us indemnified from all harm in relation to any damage alleged to arise out of the use or the posting of material to the website and in the event that we incur costs and expenses including legal fees on a client/solicitor basis which result from a claim brought against us or our affiliates the subject of your content or posting, then to such an extent you shall indemnify us in relation to your breach of such obligation and warranty, the subject of these terms or the failure to comply with any laws relating to your misuse or infringement of any rights of a third party which includes intellectual property rights.
G. Website Variation
At any time when we deem in our absolute discretion it is necessary to vary or modify the website, we shall do so without notice to any user.
- At no stage will we review any sites linked to our website and we accept no responsibility for any material provided by such links. Any link to Our Website does not imply that we agree with such linked site
- In the event that you lodge or post advertising material on the website, you are subject to commercial advertising terms and general advertising terms as are applicable.
- If any of these terms are unenforceable or partly unenforceable the part which is not affected, shall be enforceable and any inconsistency with any applicable law shall be read subject to that law to the extent necessary.
- These terms shall be governed by the laws of the State of Victoria and Australia and by acceptance of these terms, you subject yourself to the exclusive jurisdiction of the Courts of the State of Victoria and Australia.
- The terms contained herein are the entire agreement between us and you in relation to the usage and posting to the website and overrides all other prior communications or displays whether oral or in writing or electronic between us and you in relation to the website.
- All communication in relation to the website shall be electronic including the sending by us of electronic notices to you.