Terms and Conditions

Welcome & Acceptance

Welcome and thank you for visiting Trade Away, 'WA's own online marketplace'. Please familiarise yourself with our Terms and Conditions before using our services. By becoming a member of Trade Away Pty Ltd you agree to the Terms and Conditions outlined on our Website. If you do not accept these Terms and Conditions and other Trade Away policies, you must not use this Website.

Amendments

Trade Away reserves the right to amend these Terms and Conditions from time to time. All amendments are effective immediately and it's your responsibility to ensure you are familiar with the latest amendments.

The Terms and Conditions detailed in this document supercede all previous Trade Away Terms and Conditions.

Terminology

In this document, the following words and phrases will have the following meaning:

"administration fee" means the fee charged to the bidder in a Reverse Auction game listed in the help section of the Website. This fee covers the administrative cost of managing the bids made, sending updates at the time the status of the Reverse Auction game is closed and the cost of operating the Reverse Auction games. This fee includes GST and other government charges;

"address verified" means those members who have confirmed their address details through the address verification process as described in the Trade Away Pty Ltd Website help.

"bidder" refers you, when you're bidding on an item;

"minimum next bid" with regards to general auction listings, means the minimum bid amount required secure the next bid;

"bid increment" with regards to a Reverse Auction, means the amount by which a bid will be raised each time the current bid is beaten;

"BuyNow" means a listing feature that lets you purchase a listing immediately for the stated amount;

"expires" refers to the date and time when the auction will end in Australian Western Standard Time.

"feedback" refers to comments left of the Website with respect to a purchase or sale of an item;

"listing" and "item" means an item listed for sale or trade by auction via the Website;

"lowest unique bid" means the lowest bid placed on an item listed in a Reverse Auction that is not the same amount as any other bid in the Reverse Auction game;
"member" means a registered user of Trade Away;

"member's rating" means the percentage score given to a member, calculated from feedback posted by other Trade Away members;

"required bids" means the minimum number of bids required for a particular Reverse Auction game to be deemed to have met the reverse Auction threshold minimum bids required.

"seller" refers to a person selling or trading a listing on the Website;

"services" means any one or more of the services offered by Trade Away from time to time, including but not limited to online auctions, classifieds and message boards;

"we", "us", "our" refer to Trade Away Pty Ltd;

"Website" means the Trade Away website through which our services are offered;

"you" and "yours" refer to you as a member of Trade Away Pty Ltd.

1.	Membership
	a.	Visitors to the Website may browse the listings. Anyone who wishes to buy or sell on the Website must join as a member. Members may post listings on the site, subject to the current terms and conditions, and may buy items from other members.
	b.	Members must be able to form legally binding contracts and therefore must be over 18 years of age. By registering as a member, you warrant that you can form a legally binding contract.
	c.	Membership is free. You may only register as a member if you are a resident in Western Australia.
	d.	Trade Away memberships are not transferable and therefore can not be sold, leased, lent or traded.
	e.	When you apply to become a member of Trade Away, you must provide accurate information about yourself. You must not provide information that is false, inaccurate or misleading. You must keep your information up to date, accurate and complete. You must also ensure your User ID is not in breach of any of our policies and rules.
	f.	When you apply to become a member of Trade Away, you will be asked to provide a user ID and password. You will then be required to use your user ID and password when you sign in to the Website. You are required to keep your password confidential.
	g.	You are solely responsible for the security of your login information and you will be held responsible for transactions conducted by a third party using your user ID and password, whether that third party has obtained your login information intentionally or through carelessness.
	h.	You must not register as a member under multiple identities or personas (whether false or not). However, at our discretion, you may create a business membership in addition to your personal membership.
	i.	You must not list any of your personal contact details within the description of listings, listing comments or questions, or in the Website message boards.
	j.	For security reasons you may be required to change your password from time to time.
	k.	By becoming a member of Trade Away Pty Ltd, Members consent to receiving e-mails or newsletters from us from time to time regarding your membership, transactions or other activities on our Website and for promoting and marketing other Trade Away services and products to you. Newsletters will contain clear instructions as to how you can unsubscribe from our mailing list.
	l.	We reserve the right to terminate membership at our absolute discretion and to remove or edit material posted on the site. If we terminate your membership you may not rejoin without our permission. We will not be liable to you or to anyone else for any loss incurred due to your membership being terminated.
	m.	We reserve the right to terminate membership and to remove or edit material posted on the Website if you breach any of these terms and conditions, impersonate another member or if we, at our sole discretion, deem your behaviour to be unacceptable, or receive serious or multiple complaints about your from other members.

2.	Services and Site Usage
	a.	General Services
		i.	Our Website is offered as a venue for you to sell, buy, trade and bid on items. We are not an auctioneer. We do not act as an agent for either the seller or the buyer, and do not participate in any sale or other transaction between the seller and the buyer.
		ii.	Both the sellers and buyer must be located in Western Australia.

	b.	Bidding, Buying and Selling i To list items above $150.00 in value a member must must Address Verified.
		i.	You shall make all listings, bids or communications through our Website shall be made in good faith.
		ii.	You must only bid for an item if you intend to complete the purchase transaction.
		iii.	You cannot withdraw a bid once the auction has closed.
		iv.	You may not bid on an auction that has been listed by a family member, flatmate, friend, or any member that is personally known to you, in order to raise the price of that auction.
		v	You may not, either alone or in conjunction with other users, manipulate or attempt to manipulate the price of any item offered for sale on the site.
		vi.	When you bid on an auction you agree to your nickname and bid being displayed on our Website.
		vii.	In order for your bid to be valid, it must be equal to or greater than the next minimum bid increment displayed.
		viii.	All bids are processed in the order that they are received into the database. We accept no responsibility for any late, delayed or misdirected bids for any reason.
		ix.	On completion of the auction we will inform the winning bidder, and pass their contact details to the seller.
		x.	When you list an item on our Website you have made a commitment to sell it through us.
		xi.	When selling an item, you may not withdraw your listing within the last 24 hours of the auction.
		xii.	Subject to above, you may withdraw a listing from auction however, if your item has a bid on it, an administration fee will be charged. Details on fees are listed in the Help section of the Website.
		xiii.	The seller should contact the buyer within 48 hours of a completed auction and negotiate collection of the agreed payment, and delivery or collection of the item. No further negotiation of price shall be entered into by either party.
		xiv.	We are not responsible for collecting payment, or for delivery or collection of items sold on our Website.

	c.	Listings
		i.	Before listing an item you should review our fees to ensure you are aware of the fees you will be charged on a successful sale, and your selected listing options.
		ii.	Listings should describe items accurately, in English, and must not include a description that may mislead buyers. Multi listing of items per listing is not allowed, you can select one item per listing to Auction or offer for sale as a Fixed Price. If you have multiple items these must be listed in different listings.
		iii.	You must list all auction and classified items in Australian Dollars and include GST. All taxation obligations are the responsibility of the seller and/or buyer as determined by the parties.
		iv.	Items should be listed in an appropriate category on the Website.
		v.	In order to list items with the BuyNow option and place bids on a Reverse Auction, the member listing the item must be address verified.
		vi.	You must not use our services or our Website to promote items for sale outside the services.
		vii.	You must be the sole legal owner of any item that you offer for sale on the site.
		viii.	When selling an item you agree to ensure your listings are accurate, current, complete and include all relevant information about the terms of sale, payment terms delivery methods and who bears the cost of delivery.
		ix.	You must not charge unreasonable amounts for delivery and packaging costs.
		x.	Individuals and businesses may use the Website to trade specific items only, but may not use a single listing to sell multiple items.
		xi.	Pawn Brokers, Dealers, Antique Dealers and the like must all display within their listings regulatory License Requirements and other information required by law.
		xii.	Automotive and Second-Hand Dealers must list their Dealer License number within each of their listings ad other information required by law.
		xiii.	A classified listing does not attract success fees.

	d.	Reverse Auctions
		How you qualify to play the game.
		i.	You must be over 18 years of age and a resident of Western Australia.
		ii.	You must be a Trade Away member.
		iii.	You must have verified your address with Trade Away and have address verified status.
		iv.	You must also have a minimum of $10.00 in your trading account.
		*General Rules for a Reverse Auction.*
		i.	Unless otherwise excluded in this section, all terms and conditions detailed in this document also apply to reverse auctions.
		ii.	A Reverse Auction is a game where the lowest unique bid wins the item being auctioned.
		iii.	An administration fee is charged for each bid placed. By placing a bid in a Reverse Auction you agree to pay the relevant fees charged for this service. Reverse Auction fees are fully explained in the Website Help pages.
		iv.	Trade Away reserves without notice the right in its absolute discretion to cancel, withdraw, reject, suspend or ban a bidder and their bid at any stage during the Reverse Auction game period.
		v.	If for any reason the Reverse Auction is not capable of running as planned due to any reason (including but not limited to infection by computer virus, bugs, tampering, unauthorised intervention, fraud, technical failures or any other causes), including anything which may corrupt the integrity or proper conduct of the Reverse Auction, Trade Away reserves the right to cancel, terminate, modify or suspend the game.
		vi.	All items have a reserve which is the minimum number of bids required for a win to occur. When the required number of participants is met the auction closes and the item is awarded to the current lowest unique bidder.
		vii.	All bids are kept secret during the course of the Reverse Auction.
		viii.	When a Reverse Auction closes, the bidder with the lowest unique bid will be asked to verify his/her identity and allowed to buy/receive the item for the amount bid.
		ix.	If there is no unique lowest bid when the required amount of players has been reached, we will issue a statement pertaining to that and extend the auction until such a bid is made.
		x.	The Item will be delivered to the address provided by the successful bidder within 30 business days, after Trade Away receives full and clear payment. Larger Items such as cars, boats, caravans and home entertainment systems may take longer to deliver depending on geographical location of the item and the successful bidder's nominated delivery address and government regulations.
		xi.	We determine the Reverse Auction closing time.
		xii.	If you win a Reverse Auction as described in these terms and conditions, you will be contacted by email / telephone to arrange delivery/payment for the item. You will be required to pay for the item at the winning bid price within 14 business days. Payment will be accepted by cleared cheque or direct bank deposit.
		xiii.	If clear payment is not received from you within this period , you will be deemed to have revoked the offer and will no longer be able to purchase the item.
		xiv.	The item will be dispatched to you at the address you provided within 30 business days after we receive full and clear payment.
		xv.	Trade Away is responsible for all freight and delivery costs pertaining to the shipment of the item.

	e.	Message Boards
		i.	Trade Away provides Message Boards for the use of our members. The message boards may not be used to promote auctions, websites or any other commercial business activity.
		ii.	We are not responsible for any of the opinions expressed in the Message Boards.
		iii.	By posting a message to the message board you agree to take full legal responsibility and liability for your comments, including for misleading, inflammatory or defamatory statements or any other communications that may breach any law.
		iv.	The message board user must adhere to the Website code of conduct as specified in the Website Help.

	f.	Feedback
		i.	After your transaction is completed we request that you provide some feedback related to the transaction, in order that we can provide members with guidance on the trading conduct of members.
		ii.	When placing feedback on our Website you agree that you will not place feedback that violates any law applying in West Australian; contains your own or any other member's contact information; or breaches any other of our other policies, terms or conditions.
		iii.	When leaving feedback you must adhere to our code of conduct for leaving feedback as stated in our help section on the Website.

	g.	Restrictions
		i.	You may not use the Website to sell items that are of a speculative nature, such as pyramid selling.
		ii.	You may not trade in any item, where that item or trade in it, is forbidden or restricted by law in Western Australia. You are responsible for ensuring that you have obtained all the necessary permissions required to trade in the items you are selling.
		iii.	Some items are prohibited and are illegal to sell on the Website. Items of this nature are detailed in the "Things You Can't Sell On Trade Away!" policy and must not be listed on the Website. Listings that breach this policy will be immediately removed from the Website by us without warning.
		iv.	You must not list anything that is illegal, stolen, counterfeit, or unsafe, or items which infringe copyright or other intellectual property rights, or items which have been illegally imported or which would require illegal import or export in order to complete the transaction.

3.	Accounts, Fees and Payments
	a.	All Prices are in Australian Dollars.
	b.	We charge fees for the use of the Website as a venue for some processes.
	c.	All of our current fees are listed on the Website Help Page and during the listing process
	d.	Fixed price listings may be withdrawn at any time. No fees will be refunded, but there is no withdrawal fee.
	e.	You must not complete a transaction outside of the Website process or otherwise seek to avoid our success fees. Attempts by you to avoid fees, including through multiple memberships, premature auction withdrawal, or otherwise, may result in us suspending or terminating your membership at our discretion.
	f.	We operate an accounts system for members. Members agree to keep their account in credit. Our fees will be deducted from member accounts.
	g.	Members may close their Trade Away account at any time, but a processing fee may be charged at our discretion.
	h.	Seller’s or Advertiser's fees paid to us will not be refunded unless the Website is closed down. In the event of the Website being closed down a partial refund may be made at our discretion depending on the time the listing or advertisement has been displayed.
	i.	There may be times when the Website is unavailable due to technical problems or for site maintenance, with or without notice. In this case no refund of fees will be given.

4.	Specific Conditions and Warnings
	a.	General
		i.	We give no undertakings, representations, or warranties whatsoever in relation to items sold or listed on the Website, including the ownership of any item; as to the content, safety, description, worthiness, quality, or legality of the items that are listed on the Website; as to the accuracy or truth of listings; that any item will meet your requirements or expectations; or about the ability of members to complete a transaction, including credit card transactions.
		ii.	You should exercise caution when appraising accuracy of information provided by other members both on the Website and in messages between members. People may provide information, or behave in a way, that is unreliable, misleading or even illegal, and they may not be who they say they are.
		iii.	If we do not exercise or enforce any right available to use under these terms and conditions, it does not constitute a waiver of those rights.
		iv.	If any provision of these terms and conditions becomes or is held invalid, unenforceable or illegal, and in any respect, that provision shall be severed from the remaining terms and conditions, which shall continue in full force and effect.
	b.	Own Risk
		i.	You understand and agree that your use of the services is at your sole risk. The Website and services are provided on an "as is" and "as available" basis. To the full extent permitted by law, we disclaim and exclude all implied conditions or warranties, including, but not limited to, any warranties of merchantability, fitness for a particular purpose, and non-infringement;
		ii.	There may be times when the Website is unavailable due to technical problems or for site maintenance, with or without notice. In this case no refund of fees will be given.
		iii.	We do not warrant that any information (including feedback) provided on the Website is error-free or reliable.
		iv.	You understand and agree that no advice or information that is obtained by you from us or anyone else shall create any warranty by us that is not expressly stated in the terms and conditions.
		v.	You understand and agree that responsibility for the content of advertisements appearing on this Website (including hyperlinks to advertisers' own websites) rests solely with the advertisers. The placement of such advertisements on the Website does not constitute our recommendation or endorsement of the advertised product or service. Each advertiser is solely responsible for any representation made in connection with its advertisement.
		vi.	While we have systems in place to reduce the risk of credit card fraud, we are not responsible for protecting members from credit card fraud. Our fraud protection systems may from time to time block legitimate credit card payments. In these cases payment will need to be made by other means.
	c.	Liability
		i.	You agree that, to the maximum extent permitted by law, any and all liability and responsibility of Trade Away to you or any other person under or in connection with these terms and conditions, or in connection with loss or damage suffered by you or anyone else, your inability to access or use the service or this Website, is excluded regardless of whether such liability arises in contract, tort (including negligence), equity, breach of statutory duty or otherwise
		ii.	Trade Away's liability and responsibility is excluded in respect of any and all loss or damage, whether direct or indirect, including, without limitation, loss of profits, loss of data, loss of business or anticipated saving, general and special damages and consequential and incidental loss.
		iii.	You agree that Trade Away takes no responsibility or liability for any misconduct of its members, including, without limitation, members that have registered under false pretences or who attempt to defraud you.
		iv.	We do not screen messages sent between members and are not responsible for the behaviour of members or the content of their messages. However the automated questions and answers will be posted on the site and can/will be viewed and screened.
		v.	We are not responsible for the condition of items offered for sale on the site and cannot mediate or resolve any disputes between members. We cannot guarantee that members will complete their transactions and are not responsible for any non-performance or breach of contract by members.
	d.	Indemnity
		i.	You agree to release, indemnify and keep indemnified us from and against all actions, claims, costs (including legal costs and expenses), losses, proceedings, damages, liabilities, or demands suffered or incurred by us to any person arising out of or in connection with your use of the Website, including but not limited to your failure to comply with these terms and conditions, your failure to complete a transaction, your use of our message boards, your sale or attempted sale of a Prohibited or Restricted item, or arising out of any content or item you submit, post, transmit, or make available through the Website services.
	e.	Breach
		i.	Without limiting any other rights and remedies available to us, we may limit your activities on the Website, remove your bids or listings, warn other members of your actions, issue a warning to you, suspend or terminate your membership, or refuse to provide our services to you if you breach or threaten to breach these terms and conditions or where we consider it appropriate.
		ii.	Members are requested to contact us on theteam@tradeaway.com.au and report any matter that appears to infringe these terms and conditions. To list items above $150.00 in value a member of Trade Away must must Address Verified.To do otherwise is a breach of our Terms and Conditions and these items will be withdrawn without warning.
	f.	Linked Sites
		i.	We endeavour to provide links only to reputable and safe Websites, but we do not endorse or have any responsibility for other websites linked to Trade Away.
	g.	Additional Rules
		i.	In addition to the terms and conditions set out in this document, our "Things You Can't Sell On Trade Away" Policies form part of these terms and conditions.

5.	Privacy Policy
	a.	Our Privacy Policy forms part of this agreement, and can be accessed through our Website Help section.
	b.	Trade Away acknowledges its statutory duties under the Privacy Act 1988. We will not sell personal Bidder information to any third-party, or use that information other than for the performance of this agreement without the express consent of the Bidder.
	c.	Trade Away may however, disclose such personal information without consent if required to do so by law, or in response to a valid request from a law enforcement or governmental authority.

6.	Information Security
	a.	No data transmission over the Internet is totally secure, so we cannot ensure the security of information that you transmit to us. All information is transmitted at your own risk. Once we receive your information we will take reasonable steps to preserve its security.

7.	Copyright and Intellectual Property Rights
	a.	Our Website and its contents are copyrighted and may not be reproduced in any form without the express and written permission of Trade Away Pty Ltd.

8.	Miscellaneous
	a.	Even in the event that a part of this agreement is held to be invalid the remainder of this agreement will remain valid.
	b.	The headings laid out in this document are for reference only and in no way define, limit, construe or describe the scope or extent of such section.
	c.	We do not approve or validate any transactions, advice or communications carried out between you and another member of Trade Away. You accept sole responsibility for the legality of your actions under laws applying to you.
	d.	This Agreement and/or your access to our Website may be terminated by us at any time without notice. Where this agreement is terminated, those clauses capable of surviving such termination shall do so.
	e.	Our	Prohibited Items must be not be listed on the site, these items will be removed without warning.
9.	Contact
	If you have any queries regarding these terms and conditions please contact us at: Email: theteam@tradeaway.com.au Phone: 08 9402 7977 Snail Mail: Trade Away Pty Ltd P.O. Box 246 North Beach Perth, WA, 6920

Sign In

Terms and Conditions

Welcome & Acceptance

Amendments

Terminology

1.

Membership

2.

Services and Site Usage

3.

Accounts, Fees and Payments

4.

Specific Conditions and Warnings

5.

Privacy Policy

6.

Information Security

7.

Copyright and Intellectual Property Rights

8.

Miscellaneous

9.

Contact