Microauction User Agreement - terms and Conditions for using our service
1. Introduction
You have entered the site of Microauction (an on-line market place) dedicated to bringing the world wide market
value for any renewable energy related good or service to your computer screen. Before
you register to use or access this web site’s great facilities you must read,
agree and accept all the terms and conditions contained in these user guidelines
and the privacy policy. We may encounter the need to change these User Guidelines
or Privacy Policy and you should check them every time you access or use the
services of Microauction. All amended terms
will be automatically effective 30 days after their initial posting to this
site. If you do not agree to these changes please terminate your membership.
We reject any additional or conflicting terms and conditions that a user may
attempt to enforce in any way. These rules may not be amended except in writing
signed by you and Microauction. Please contact us,
if you are not satisfied with these conditions of use.
The user guidelines
regulate all transactions between buyers and sellers for all sales making
use of Microauction Web site. Some extra
Credibility Adding Facilities available through the trading with safety
section of the Site provided to a buyer or a seller will be governed by
a separate agreement between the requesting party and Microauction.
2. Explanation of terms
Site - the current sites of
www.secondhandsolar.com
which are the internet web sites through which Microauction
provide our Facilities.
Bidder – any individual who
makes a bid in an effort to procure any items offered for sale on the Site.
Buyer – any individual who is
the successful bidder.
Trading with safety tools –
policies and procedures aimed at ensuring that Microauction
is a safe, honest, trusted and reliable on-line service.
Credibility Adding Facilities – services that are part of the Trading with safety tools
that asses the aesthetic appearance and functionality of goods offered
on the Web site.
Industry –
wholesaler, retailer, consumer
Facilities – the services offered
by Microauction to allow a person to sell,
bid for and buy goods.
Seller – any individual who
places items for sale on the Site.
User Guidelines –
refers to the Terms and Conditions located bellow and those incorporated
by reference.
3. Registration Eligibility
The Facilities
of this Site are only available and to be used by persons connected to
the industry, ensuring that items will be used for their intended
purpose by legally qualified individuals. These persons must be legally
permitted to negotiate, enter into contracts, purchase and / or sell under
applicable law. Microauction facilities
are not available to persons under 18 years of age or to temporarily or
indefinitely suspended users. You must register as a user of the facilities. The
information inputted and submitted in the registration form must be true
and accurate and not be prohibited by a relevant law, regulation or industry
guideline.
4. Charges for the service
It has never been easier to clear your unwanted inventory, sell new equipment/supplies etc., or buy new and second hand equipment/supplies etc.
When you advertise an item on Microauction, you're charged a Listing Fee (as below). If the item sells, you are also charged Sales Commission Fee (as below). The total cost of selling an item is the Listing Fee plus the Sales Commission Fee.
Listing Fees |
| Listing Type |
Listing Fee |
| Auction |
AU$5.00 |
| Dutch |
AU$5.00 |
| Fixed Price |
AU$5.00 |
| Classified |
AU$5.00 |
|
Sales Commission Fees |
| Closing Price |
Sales Commission Fees |
| Item not sold |
No sales commission fee |
| AU$0.01 - AU$100.00 |
4% of the closing price |
| AU$100.01 - AU$1000.00 |
4% of the initial AU$100.00 plus 2.50% of the remaining closing price (AU$100.01 to AU$1,000.00) |
| Over AU$1,000.01 |
4% of the initial AU$100.00 plus 2.50% of the initial (AU$100.01 to AU$1,000.00) plus 1.50% of the remaining closing price (AU$1,000.01 - closing price) |
|
We also have listing upgrade features (fees shown below) to help increase bids and chances of selling success.
Listing Upgrade Fees |
| Feature |
Fee |
| Bold listing - The item's title will be displayed with bold font. |
AU$1.00 |
| Category featured - Items will be featured above other listings in categories. |
AU$5.00 |
| Home page featured - Item will be displayed on the home page at random |
AU$10.00 |
| Gallery featured - Picture of item is featured in the photo gallery section of the Site. |
AU$1.00 |
| Highlighted listing - A coloured highlight will make your listing stand out. |
AU$2.00 |
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We may change the fees and charges payable for the use of our services at any time. If we do so, we will first send our registered users 30 days email notice of the changes to take place. You will not be obligated to use our services after any changes to our fees and charges, however, if you do so, you will be responsible for paying any applicable fees. You can re-check this User Agreement for any changes to the fee status and fee structure of Microauction at your convenience.
5. Auctions and Classifieds
5.1
Notwithstanding the many
trading and safety tools we have on site, we have no control over the quality
orsafety of sale items placed on our site by sellers.
5.2
Notwithstanding our many
trading and safety tools on site to reduce the unethical use of this system
we cannot control, endorse or approve the items, information or content
provided by users which is made available through our system. We are not
able to endorse, legitimise or guarantee your transaction.
5.3
We cannot guarantee the
identity of users. You might wish to use escrow services.
6. Purchase
If you purchase
an item either as the highest bidder or at an agreed price, you are obliged
to complete the transaction with the seller and you are bound by the sale
conditions. Bids cannot be withdrawn unless in our opinion and within
our sole discretion, you have made a clear typographic error.
NOTE : If you place an autobid that is the same value (or greater than) the 'buy now price' (immediate
sale price) someone is still eligible to buy that item for the 'buy now price'. It
is only when the 'current bid' reaches the 'buy now' price that the 'buy now'
facility is removed from the listing.
7. Listing items
7.1
Right to Sell – You may
place items for sale that you have a right to sell. You can only promote
identical items simultaneously in twenty (20) different auction listings
and twenty (20) different classified listing on our Site.
7.2
Bids Binding –Bids are
binding if received by you above your stated minimum provided all other
terms and conditions are complied with.
8. Use of the Service
8.1
Your right to use the Service is personal to you.
8.2
You agree not to do any of the following:
- Upload, transmit, distribute
or in any way exploit, any material obtained through the Service, including
and not limited to our web pages for any commercial purpose whatsoever.
- Send unsolicited offer
to purchase goods.
- Use
the Service for broad-based mailing or spamming without the prior written
permission of Microauction.
- Copying
material from the site.
- To
allow others to falsely identify your account as the origin of such communication.
- Interfere
with or in any way the Service.
- Transmit
any unlawful, libellous, threatening material of any kind through the site.
- Take
any action that would impose a large load on our site.
- Copy,
reproduce, alter, modify information from our Site (except information
belonging to you) without the prior express written permission of Microauction.
- Undermine
the integrity of our feedback system.
- Import
or export feedback ratings
9. Additional Policies
You agree to do as follows:
9.1
You are solely responsible for the contents of your transmissions
through the Service. Your use of the Service is subject to all applicable
laws and regulations and industry standards.
9.2
Microauction retains the right, at its sole discretion,
to determine whether or not your conduct is consistent with the letter
and spirit of these Terms & Conditions and may, at its sole discretion,
immediately terminate your use of the Service if your conduct is found
to be inconsistent with these Terms & Conditions.
9.3 Privacy Policy
We do not sell or rent your personal information to third parties for marketing
purposes without your consent and we only use your information as described
in the Privacy Policy. We view protection of users' privacy as a very important
community principle. We understand clearly that you and your information
is one of our most important assets. Our current Privacy Policy is
available by clicking here. If
you object to your Information being transferred or used in this way
please do not use our services.
9.4 Downtime Policy
If the system
is down for more then 24 hours we will credit you back your listing fees
and extend the auction or classified listing time by the approximate time
the system was down (rounded up to the nearest hour).
9.5 Feedback usage policy
Feedback posted
to Microauction by members are solely the opinion and
responsibility of the person posting the message. Microauction is not responsible for
messages left by Microauction members.
10. Grounds for Immediate Removal, Feedback Sanction or Suspension
The following types of
postings are cause for immediate removal, warning or suspension from the
site. Other inappropriate postings not listed below may also warrant removal
and/or suspension from the site. Microauction reserves
the right to remove any post without warning or further notice.
- Posting contact information about another individual.
- Posting material containing profanity, vulgarity, hate
speech, or threats of violence.
- Posting material that is obscene, pornographic or adult
in nature.
- Using JavaScript, active or other coding, or other actions
that interfere with site operations.
- Posting material intended to mirror Microauction or another member through the use of similar logins or any
other method.
- Encouraging others to violate our policies or the Microauction User Agreement.
- Advertising merchandise, listings, services or commercial
web sites.
- Refusing to follow Microauction direction
or instruction.
- Posting private emails.
- Only persons aged 18 or over may give feedback.
- Posting as feedback copyrighted items without the permission
of the copyright owner.
11. Goods And Services Tax (GST)
GST will be
levied on any fees charged to all Members for the Service provided by Microauction. The transaction and fees statement of a Member
in the My Account section of the Site contains the necessary information
in the appropriate format to serve as a tax invoice.
Microauction is not responsible for the GST obligations (if any) of
sellers in relation to the sale of their goods and services through the
Site to buyers. Sellers are responsible for maintaining accurate sales
records and for paying all applicable taxes, if any, including GST.
For
more information regarding the GST consequences of Microauction, please refer to the Australian Tax Office.
If a seller
has advised you as a buyer that a sale is subject to GST and has failed
to provide you with a Tax invoice within 28 days after you requested it,
you may wish to include this information in your rating of the seller.
GST means GST
as defined in the New Tax System (Goods and Services Tax) Act 1999, Commonwealth, Australia.
12. Further Obligations And Acknowledgements
You acknowledge and agree that:
- The Internet can be an
unstable and, from time to time, insecure marketplace. There are times
the service may not be available or bids may not be able to be processed
or accepted for reasons beyond our control. In these circumstances we accept
no responsibility.
- Microauction cannot guarantee that it will be able to prevent
any illegal or inappropriate use of the site nor can we guarantee that
it will give notice of any illegal or inappropriate use of the Site.
- Microauction cannot guarantee the preservation of any record
and may delete information at its sole discretion and without notice.
- Microauction may in its sole discretion refuse service to anyone
at any time.
- Microauction may in its sole discretion cancel any bid or listing
at any time.
- Microauction does not assume responsibility for the content
of any listing.
- Microauction cannot guarantee that it will notice or prevent
users from registering with false demographic information, even though
there are inbuilt measures to greatly reduce the chance of this occurring.
- Microauction cannot guarantee that sellers will complete the
sale of an item, or that buyers will go through with the purchase of a
lot; all risk is taken by the individual buyers and sellers. This includes
but is not limited to risks associated with dealing with foreign nationals,
underage persons, persons not authorised to buy and sell goods in the
industry.
- Microauction is not responsible for damage or loss caused by
errors in the Service or the Internet. The system may be unavailable unexpectedly
as a result of errors or circumstances beyond our control. Use at your
own risk.
- Microauction does not endorse any of the goods and services
that are transferred through the Service.
- Microauction is not responsible for any damages to goods during
transit nor for misrepresentations and/or breaches of contract by either
buyer and/or seller.
- Microauction cannot confirm the identity or location of its
Members, whether Members are under age or acting without legal authority.
13. No Warranty
- Microauction disclaims all warranties of any kind, whether express
or implied, which includes implied warranties of description, merchantable
quality and fitness for a particular purpose. The user accepts sole risk
for the service and acknowledges that auctions and classifieds
have no control over the description of goods, their quality and their
fitness for purpose.
- Microauction
makes no warranty that the Service will meet your requirements, be timely,
secure, or error free.
- Information
or advice provided by you or other users within the site in no way creates
any warranty by us.
14. Limited Liability
Microauction shall not be liable for any damage including special or
consequential damages, including taxation as a result of the use the service,
or for goods, or services or transactions entered into which have arisen
as a result of unauthorised access to your data, notwithstanding Microauction has been advised of the possibility of such damage.
15. Relase And Indemnification
You hereby
forever release and discharge all claims that you now have or may have
against Microauction, its shareholders, directors, agents
and representatives connected with or arising out of and incidental to
any transaction arising from services provided herein.
You hereby
agree to indemnify, defend and hold Microauction, its
related companies, shareholders, directors, agents and representatives
harmless from and against any and all claims, loss, damage, tax including
GST, liability and/or expense that may be incurred by Microauction, its related companies, shareholders, directors, agents and
representatives arising out of or in connection with the performance of
its duties as described in this User Agreement (except as caused by its
gross negligence or wilful misconduct) including the legal costs, fees
and expenses of defending itself against any claim by any or all of the
parties to any transaction and/or by any other person and/or as a result
of you taking any action or refraining from taking any action or instituting
or defending any action or legal proceeding.
You further
agree to indemnify and hold Microauction, its related
companies, shareholders, directors, agents and representatives harmless
from any claim or demand, including reasonable legal fees, made by any
third party arising out of your use of the Service, the breach of these
Terms & Conditions by you, or other user of the Service using your
login.
The provisions
of this section and the preceding paragraph will survive any termination
of this agreement.
16. Breach
Without limiting other remedies,
we may immediately remove your item listings, warn our users of your actions,
issue a warning, temporarily suspend, indefinitely suspend or terminate
your membership and refuse to provide our services to you if: (a) you breach
this Agreement or the documents it incorporates by reference; (b) we are
unable to verify or authenticate any information you provide to us; or
(c) we believe that your actions may cause financial loss or legal liability
for you, our users or us.
17. Laws
These Terms
and Conditions shall be governed by and construed in accordance with the
laws of the state of Victoria.
You and Microauction agree to submit to the exclusive jurisdiction of the courts
of the State of Victoria.
If any provision(s)
of these Terms and Conditions is held by a court of competent jurisdiction
to be contrary to law, then such provision(s) shall be construed, as nearly
as possible, to reflect the intentions of the parties with the other provisions
remaining in full force and effect.
Microauction failure to exercise or enforce any rights or provisions
of these Terms and Conditions shall not constitute a waiver of such right
or provision unless acknowledged and agreed to by Microauction
in writing.
You and Microauction agree that any cause of action arising out of or
related to this Service must commence within one (1) year after the cause
of action arose; otherwise, such cause of action is permanently barred
and you and Microauction forever waive any such cause
of action.
18. Additional Terms
Set out below
are lists of various offences for which we may within our own absolute
discretion remove your name from our register and disqualify you from using
our service either temporarily or permanently. It is emphasised that this
list is not intended to be an exhaustive list and may be varied from time
to time at the absolute discretion of Microauction.
18.1 Feedback Offences
-
Using
secondary Microauction login names or other Microauction members to artificially raise the level of your
own feedback.
-
Using
Microauction login names or other Microauction members to leave several negative comments for another user.
-
Demanding
any action of a fellow Microauction user that he or
she is not required to do, at the threat of leaving negative feedback.
("Even though it didn't reach reserve, sell it to me for my bid or..."; "Pay
me $100.00 or I will..."; "Sell me all of your grouped identical
items or I will get all of my friends to...")
- Offering
to sell feedback, trade feedback undeservedly, or buy feedback.
18.2 Bidding offences
-
Breaching Microauction's Unlawful
Buyer Policy. This relates to non-payment by buyers after they
win an item - Winning an item(s) in an auction or classified and not
paying blocks legitimate buyers and disappoints sellers.
-
Emailing bidders in an open or ended listing to warn
them away from a seller or item.
- Contacting a seller and offering to purchase a listed
item outside of Microauction.
-
Any misuse or frequent use of the retraction option,
which is not permitted on Microauction.
-
Bid manipulation by use of an alias to register bids
to make the item look like it is in High Demand - Using secondary User
logins or other Microauction members to artificially
raise the number of bids to the level required to receive the High Demand
(10 bids or over) status.
- Persisting to bid on a seller's items despite a warning
from the seller that bids are not welcome - Sellers have every right
to reject bids. In order for Microauction to take
action, a copy of the email warning from the seller with the subject
line must be sent to us through our suggestions and criticisms section of
the Site or via email with the subject as “Investigate Unwelcome Bidder”.
- Bidding in violation of the terms set forth by the seller
in the listing description. Examples:
- Seller states they ship to "Victoria only" and the bidder is outside the stated shipping area
- Seller will not accept bids
from bidders with negative feedback
- Bidder re-bids after the seller
has cancelled their bids
- The deliberate use of secondary Microauction
login names or other Microauction members to temporarily
raise the level of bidding and/or price of an item to extremely high
levels in order to protect the low bid level of another bidder.
-
Using secondary Microauction login
names or other Microauction members to artificially
raise the level of bidding and/or price of an item. Additionally, to
avoid the appearance of being involved in this activity, family members
and individuals living together, working together, or sharing a computer
may not bid on each other's items.
Selling offences
- Using secondary Microauction login
names or other Microauction members to artificially
raise the level of bidding and/or price of an item.
- Pretending you are another Microauction
seller so that you can accept payment that's not yours.
- Accepting payment for an item and not delivering the
item(s) as described in the listing
- Not delivering the item(s) according to the seller's
terms and conditions, as outlined in the listing
- Refusing payment and failing to deliver an item at the
end of a successful listing.
- Payment Avoidance
- offering to sell a listed item outside of Microauction
- accepting an offer to buy the currently listed
item outside of Microauction
- Offering to sell, outside of Microauction, duplicate or additional merchandise to your own underbidders
or to other sellers' bidders.
- Listing items in a manner that allows circumvention
of Microauction costs.
18.4 Registration information offences
- Representing yourself as a Microauction
employee when you are not.
- Representing yourself as another Microauction user or registering by using the identity of someone else.
- Falsifying or omitting your name, address, and/or telephone
number (including the use of fax machines or disconnected numbers).
- Falsifying or omitting your email address. This is determined
when an email address bounces repeatedly (usually an error message that
the email address or mailbox is unknown or invalid). If you'd like to report
this, include the bounce message in your report.
- User is under the age of 18. To report, please use our suggestions
and criticisms section of the Site or send an email with the subject
as “Investigate Unauthorised member”.
18.5 Miscellaneous offences
- Using any routine or activity to interfere or attempt
to interfere with any of Microauction operations.
- Emailing another sellers' bidders and offering the same
or similar items
- Sending spam - Sending unsolicited, commercial email
(without prior permission) Examples:
- Sending unsolicited offers to bidders for the
same or similar items that they have bid on in the past
- Soliciting a seller to sell a listed item outside
of Microauction (an on-line market place).
- Threats of bodily harm made via email. Remember, Microauction can only act when there are emailed threats of
physical harm. All other forms of harassment should be reported to the
proper authorities. If you experience email harassment, report it to
your Internet Service Provider (ISP), too.
- Publishing the contact information of another user on
ANY online public area. Please inform us of this through our suggestions
and criticisms section or via email with the subject as “Investigate
Unwanted publishing of a member’s information”. You must include a copy
of the email post with the subject line.
- Use of profanity or patently vulgar language of a racist,
hateful, sexual, or obscene nature in a public area.
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