Term of Use

www.sellbuyswapfree.com.au (the “Website”) is a website operated by Steps Finance Enterprises Pty Ltd (ACN 168 278 975) of Suite 12, Level 3/30 Atchison Street, St Leonards NSW 2065 Australia (“we”, “us” and “our”). The terms, conditions, noticed and disclaimers contained in this document (together, the “Terms of Use”) govern your use of the Website and the use of any services we provide on the Website (the “Services”). By using the Website, you acknowledge that you have read and understand the Terms of Use and you agree to be bound by them.

We reserve the right to amend the Terms of Use at any time. Although we may notify you of any amendment, revision or modification, we recommend that you periodically review the Terms of Use. You agree to be bound by any changes, modifications or revisions to the Terms of Use as made by us from time to time.

Your Account

You may only create an account and use the Services if you are over 18 years of age.

When creating your account, you are responsible for choosing a password and keeping it secure. You must not disclose your password to another person. You are responsible for all activities under your account, including any misuse of your account. If you lose or forget your password, you will need to reset it. We do not have access to your password. You must notify us immediately if you become aware of any compromise to or misuse of your account.

By using the Services, you understand that buying, selling and swapping items and services online is not risk-free. You agree that it is your responsibility to take care when using the Services and ensure you:

carefully review and follow our policies;
use safe payment methods;
meet in a safe location;
protect your privacy; and
verify the legitimacy of items.

Restrictions

In using the Website or the Services, you must not:

violate any applicable laws, or use the Website or the Services for any purpose that is unlawful or prohibited by the Terms of Use;
violate the Posting Policy;
provide inaccurate, false or misleading information;
impersonate any person;
post any content that is obscene, defamatory, threatening, abusive or indecent;
distribute viruses, corrupt files, or any other similar software or programs that may damage the operation of any computer hardware or software;
collect or store personal information about other users;
use, copy, modify or distribute the content of other users without consent;
violate any third-party rights;
use any bot, crawler, spider or other automated program to access the Website or the Services or harvest content for any purpose without our permission; or
engage in any other conduct that inhibits any other person from using or enjoying the Website or the Services.

If we determine that content breaches the Terms of Use, we may refuse or remove it. We may also restrict a user’s access to the Website, block accounts or refuse to register accounts without warning where we determine that the Terms of Use have been violated. We may take these steps in our absolute discretion and without incurring liability to any user.

We are not able to guarantee that all content and use of the Website will be monitored by us and we will not be liable to you for any loss or damage caused by another user’s breach of the Terms of Use. We encourage you to report any content or activity you think breaches your rights or the Terms of Use. This will help to support the buy, swap, sell, free community.

Fees and taxes

In most cases, using the Services is free. Some features, such as business listings, may incur a fee. All fees are clearly stated on the Website, are in Australian dollars, are non-refundable and subject to change. You are responsible for payment of fees when they fall due.

You are responsible for collecting and paying any applicable taxes (e.g. GST) resulting from the sale of your items or services on the Website.

Licence to use content

You acknowledge that the Website and all content is subject to copyright and other intellectual property rights (“Intellectual Property Rights”). The Website includes content owned by us, you and other users. All right, title and interest in the content and the Website is retained by the original owner (or its licensors) and nothing we or you do in relation to the Website or the Services will transfer any Intellectual Property Rights to you.

When you post content on the Website, you grant to us and represent that you have the right to grant to us, a non-exclusive, worldwide, perpetual, irrevocable, royalty-free, sub-licensable right to use the content for the purposes of managing the Website and the Services.

Without limiting the foregoing, you agree not to reproduce, copy, sell, resell, or exploit for any purposes any aspect of the Website or the Services (other than your own content). You also waive all moral rights you have in the content to the fullest extent permitted by law.

Liability

We warrant that if any paid Service fails to comply with the following promises when performed, you may request reperformance of the Services or a full refund:

The Services will be provided with due care and skill;
The Services are fit for the purposes described on the Website; and
The Services will be performed within a reasonable time.

All express or implied warranties, representations, statements, terms and conditions relating to these Terms of Use or a Service that are not contained in these Terms of Use, are excluded to the maximum extent permitted by law.

Subject to our obligations under the Australian Consumer Law, and to the maximum extent permitted by law, our maximum aggregate liability for all claims under or relating to these Terms of Use or a Service, whether in contract, tort (including negligence), in equity, under statute or on any other basis, is limited to an amount equal to the greater of:

AUD$100; and
the amounts paid by you as a result of the purchase of a Service.

To the maximum extent permitted by law, we are not liable for, and no measure of damages will, under any circumstances, include:

special, indirect, consequential, incidental or punitive damages; or
damages for loss of profits, revenue, goodwill or anticipated savings,

whether in contract, tort (including negligence), in equity, under statute or on any other basis.

Our liability to you is reduced to the extent that your acts or omissions (or those of a third party) contribute to or cause the loss or liability.

Except for your statutory rights, with respect to the Website:

all material on the Website is provided to you without warranties of any kind, either express or implied;
we expressly disclaim all warranties of any kind including but not limited to warranties of acceptable quality and fitness for a particular purpose;
we do not warrant that the functions contained in any material on the Website or your access to the Website will be uninterrupted or error free, that any defects will be corrected or that the Website or the server which stores and transmits material to you are free of viruses or any other harmful components;
we do not warrant or make any representation regarding your access to, or the results of your access to, the Website including its correctness, accuracy, timeliness, completeness, reliability or otherwise;
we are not responsible for and make no warranties in relation to any third party links on the Website or the content of any third party websites linked to from the Website; and
we are not responsible for and make no warranties in relation to the accuracy of any content posted by a user on the Website.

To the extent permitted by law, including but not limited to any act or omission on your part, we will not be liable for any loss, damage, costs or expense whether direct, indirect, incidental, special and/or consequential, including loss of profits, suffered by you or claims made against you which result from any use or access of, or any inability to use or access, the Website.

Indemnity

By using the Website, you agree to indemnify us (together with our directors, officers, agents and employees) from and against all actions, claims, suits, demands, damages, liabilities, costs or expenses (whether in tort or in contract including and without limitation, negligence) arising out of or in any way connected to the use of the Website or the Services by you.

Release

If you have a dispute with another Website user, you must resolve that dispute directly with the other user. We are not responsible for and you release us (together with our directors, officers, agents and employees) from all liability and claims arising out of or in connection with any such disputes.

Privacy

In using the Website, you may give us personal information. By using the Website, you grant us consent to use your personal information in accordance with our Privacy Notice, which is incorporated into and forms a part of these Terms of Use.

General

Neither we nor you will be liable for any delay in performing an obligation under these Terms of Use, if such delay is caused by circumstances beyond our or your reasonable control.

If any part of these Terms of Use is held to be unenforceable, the unenforceable part is to be given effect to the greatest extent possible and the remainder will remain in full force and effect.

These Terms of Use are governed by the laws of New South Wales, Australia, and we and you irrevocably submit to the non-exclusive jurisdiction of the courts of New South Wales, Australia.

These Terms of Use, (together with any policies or agreements expressly incorporated into these Terms of Use, such as the Privacy Notice and the Posting Policy,) constitute the entire agreement between us and you in relation to the Services.

We and you agree that we may communicate with each other electronically, including by sending electronic notices.

The provisions of these Terms of Use which by their nature should survive termination or expiry of these Terms of Use will survive termination or expiry of these Terms of Use.