1.1 The website www.bikehaggle.com.au ("the website") is operated by HaggleHQ (ABN 18 963 905 927) and/or its related bodies corporate (HaggleHQ). HaggleHQ provides services through the website including, but not limited to, classified advertising and the provision of space for the advertisement for sale of goods and services and the browsing of advertisements placed by other users.
1.2 HaggleHQ has the right, but not the obligation, to regulate content. "Content" includes advertisements and also includes (without limitation) any other postings, text, code, images, video, accounts, account information, messages, and any other communications posted to, stored on, or transmitted via the website.
1.4 If you do not accept or agree to any of the terms and conditions now or at any time in the future, you may reject the terms and conditions by immediately terminating access to and use of the website. In that case, further access or use is unauthorised.
2 USE OF WWW.BIKEHAGGLE.COM.AU
2.1 All content is the subject of copyright and is owned or licensed by HaggleHQ Pty Ltd. Content is provided for the internal or private use of users. You agree that you will not, without the consent of HaggleHQ Pty Ltd:
2.2 HaggleHQ expressly disclaims all warranties for or with respect to—
2.3 Limitations of liability:
2.4 In submitting content to HaggleHQ for publication on the website, you indemnify HaggleHQ Pty Ltd, its officers, employees, licensee’s and agents, against all liabilities, claims, demands, damages, costs and penalties suffered by HaggleHQ as a result of your breach of the terms and conditions.
3 BUYING AND SELLING ITEMS LISTED ON WWW.BIKEHAGGLE.COM.AU
3.1 HaggleHQ is not involved in, is not party to, makes no representations or warranties as to, and has no liability or responsibility with respect to any communications, transactions, interactions, or any other relations between you and any other user of the website.
3.2 You agree to indemnify and hold HaggleHQ harmless from and against any third-party claims, demands, or damages related to or arising out of your interactions with other users of the website. The indemnity in this clause extends to payment of any legal fees or costs incurred by HaggleHQ Pty Ltd.
3.3 HaggleHQ makes no guarantees, undertakings or warranties regarding the accuracy, truth, comprehensiveness or currency of information contained in advertisements, the suitability, quality, safety, merchantability, fitness for any particular purpose or legality of any of the goods or services advertised on the website, or the ability or capacity for sellers or buyers to complete or enforce a transaction regarding a good or service advertised on the website.
4 ADVERTISING ON WWW.BIKEHAGGLE.COM.AU
4.1 On application by you, HaggleHQ will, subject to the terms and conditions, publish content that you submit. You are solely responsible for any content you submit for publication, and if you create an account you are responsible for all content submitted through or by use of your account.
4.2 In submitting content to HaggleHQ Pty Ltd, you—
4.3 You agree not to alter or amend an advertisement or the content of an advertisement to describe, or offer for sale, a good, service, or event which is different from the good, service, or event originally advertised.
4.4 HaggleHQ may, in its complete and unfettered discretion, remove from the website or refuse to place on the website—
4.5 Flagging and review of content:
5.1 Subject to this clause 5 you may create and maintain either a business account or a private account. You may maintain and use no more than one account per email address, and you may create an account only on your own behalf or for a business carried on by an entity that you control or that authorises you to create an account.
5.2 If you create an account but do not activate it by email verification within 72 hours of creation your account will be deleted, in which case any fee payable in respect of the creation of an account will again be payable if you create another account.
6 PRICING AND TIMING OF ADVERTISEMENTS
6.1 You agree to pay HaggleHQ the stated fee for the publication of an advertisement as shown in the supplied summary and/or invoice.
6.2 Without limitation to HaggleHQ Pty Ltd’s other rights, you agree that HaggleHQ may alter the Pricing Structure from time to time without notice, and that the Pricing Structue as modified will be applicable to all advertisements subsequently submitted for publication.
6.3 You agree that where a particular advertisement could fall into two or more Categories, the Category that is most relevant is applicable. You agree that where one or more Subcategories are applicable, the most relevant (if any) is applicable.
6.4 Subject to the terms and conditions, upon you paying the ad fee to HaggleHQ Pty Ltd, your advertisement will be published for the stated period.
6.5 On or after the day that is 7 days before the expiry of the stated period, HaggleHQ may (but is not obliged to) send you an email inviting you to renew your advertisement for the Renewal Period. You may renew the advertisement by notifying HaggleHQ in the manner specified in the email, and by paying the Renewal Fee on or before the last day of the stated period.
6.6 Clauses 6.4 and 6.5 apply any to renewals, substituting the words "Renewal Period" for "stated period" as necessary. An advertisement may be renewed the number of times stipulated in the ad’s type and specification, the last such renewal being the "final renewal period".
6.7 Upon either of the following occurring your advertisement will be removed from the website:
6.8 Casual Users:
If you submit an advertisement as a casual user (i.e., otherwise than through the use of an activated account):
6.9 Intentionally Blank
6.10 Featured advertisements;
7 REFUND POLICY
7.1 Except as required by law and provided in this clause 7 all fees are non-refundable.
7.2 HaggleHQ will provide a refund if, as a result of an error by HaggleHQ or its officers employees, licensee’s or agents, you have been charged more than the correct amount specified in the Pricing Structure.
7.3 HaggleHQ may, but is not obliged to, provide refunds in other circumstances in its complete and unfettered discretion.
7.4 HaggleHQ will not provide refunds in the following circumstances:
Any request for a refund can be made by emailing our office on email@example.com.
8 BUSINESS DIRECTORY
8.1 Applications for inclusion of a business in the Business Directory can be made by creating a business account and placing an ad in the Business Category section.
8.2 If you have a Business Directory listing, you must include in your listing your name or a registered business name if trading under a business name, a phone number and a physical address.
9 DEALERS ACCOUNTS
9.1 The terms and conditions in this clause 9 apply, in addition to the other terms and conditions set out above, if HaggleHQ enters into a written dealer membership agreement with you.
9.2 HaggleHQ may grant you access to a dealers account which allows you to manage all of your advertisements ("dealer access"). The fee for dealer access is $299 inclusive of GST, payable monthly in advance. HaggleHQ will issue you with a tax invoice for the monthly fee on the first day of each calendar month, payable within 7 days of the date of the invoice.
9.3 Dealer access entitles you to place an unlimited number of advertisements (excluding Business Category advertisements) on the website.
9.4 You accept liability for any use of any username or password issued to you or your employees except where that unauthorised use results from negligence or fraud on the part of HaggleHQ or its employees, officers, licensee’s and agents.
9.5 You must maintain a listing in a Business Category which includes your logo. You must ensure that the information contained in the listing is kept up to date, and if your business ceases or changes details you must notify HaggleHQ within 48 hours of the changes coming into effect.
9.6 Each advertisement you place must—
9.7 You must include the bikehaggle.com.au logo as provided by HaggleHQ from time to time on your own website if it exists.
9.8 Without limitation to any other rights, either party may terminate the dealer membership agreement on one month's notice.
9.9 HaggleHQ may terminate the dealer membership agreement immediately and without notice to you, and remove any advertisements currently listed, if you are in breach of any term of the dealer membership agreement, including failing to pay any amount invoiced by the due date.
9.10 Upon termination of the dealer membership agreement, each party remains liable to pay any fee owing to the other for services rendered prior to termination.
10.1 The terms and conditions are governed by and construed in accordance with the laws of New South Wales, Australia, and each party submits to the non-exclusive jurisdiction of the courts of New South Wales.
10.2 If any provision or part of any provision of the terms and conditions are invalid or unenforceable for any reason, it shall be severable and severed and shall not affect the remaining provisions of the terms and conditions.