End User License Agreement

1. Introduction

Welcome to TinnieSales by using the tinniesales.com.au website and any related service or tool (“the TinnieSales services"), you agree to the following terms with TinnieSales. If you have any questions, please contact Customer Service.

The entity you are contracting with is:

TinnieSales Pty Ltd 

ACN 636 875 468

Queensland

Australia

 

In this User Agreement, these entities are individually and collectively referred to as “TinnieSales", “we" or “us".

2. Scope

Before using the TinnieSales services, you must read and accept all of the terms in, and linked to, this User Agreement (“Agreement") and the TinnieSales User Privacy Notice. We strongly recommend that, as you read this User Agreement, you also access and read the hyperlinked information. By accepting this User Agreement, you agree that this User Agreement and User Privacy Notice will apply whenever you use the TinnieSales services, or when you use the tools, we make available to interact with the TinnieSales services. If you use a TinnieSales site other than TinnieSales.com.au, you acknowledge that you will need to accept and be bound by the terms of that site. Some TinnieSales services may have additional or other terms that we provide to you when you use those services.

3. Using TinnieSales

While using the TinnieSales services, you will not:

infringe any laws, third party rights or our policies, such as the prohibited and restricted items policies;

use the TinnieSales services if you are not able to form legally binding contracts, are under the age of 18 or are suspended from using the TinnieSales services;

fail to deliver payment for items purchased by you, unless the seller has materially changed the item’s description after you bid, a clear typographical error is made or you cannot authenticate the seller’s identity;

fail to deliver items purchased from you, unless the buyer fails to meet the posted terms or you cannot authenticate the buyer’s identity;

manipulate the price of any item or interfere with other users’ listings;

circumvent or manipulate our fee structure, the billing process, or fees owed to TinnieSales;

post false, inaccurate, misleading, defamatory or offensive content (including personal information);

take any action that may undermine the Feedback or ratings systems (such as displaying, importing or exporting Feedback information or using it for purposes unrelated to TinnieSales);

transfer your TinnieSales account (including Feedback) and user ID to another party without our consent;

distribute or post spam, unsolicited or bulk electronic communications, chain letters or pyramid schemes;

distribute viruses or any other technologies that may harm TinnieSales or the interests or property of TinnieSales users;

export or re-export any TinnieSales tools except in compliance with the export control laws of any relevant jurisdictions;

copy, modify or distribute rights or content from the TinnieSales services or TinnieSales’s copyrights and trademarks; or

harvest or otherwise collect information about users, including email addresses, without their consent.

post content or items in inappropriate categories or areas on our sites and services;

4. Abusing TinnieSales

TinnieSales and its community of users (“the Community") work together to keep our sites and services working properly and the Community safe. Please report problems, offensive content, and policy violations to us.

Without limiting other remedies, we may limit, suspend or terminate our service and user accounts, prohibit access to the TinnieSales services, delay or remove hosted content, remove, delete, modify or not display listings, apply fees and/or recover our expenses for policy monitoring and enforcement, and/or take technical and legal steps to keep users off the sites if we think that they are creating problems or possible legal liabilities, infringing the intellectual property rights of third parties or acting inconsistently with the letter or spirit of our policies (for example, and without limitation, policies related to shill bidding, conducting off-TinnieSales transactions, Feedback manipulation, circumventing temporary or permanent suspensions or users who we believe are harassing our employees or other users). Additionally, we may, in appropriate circumstances and at our reasonable discretion, suspend or terminate accounts of users who may be repeat infringers of intellectual property rights of third parties. We also reserve the right to cancel unconfirmed accounts or accounts that have been inactive for a long time, or to modify or discontinue TinnieSales services.

If you are a seller and you offer or reference your contact information or ask a buyer for their contact information in the context of buying or selling outside of TinnieSales, you may be liable to pay a final value fee applicable to that item.

5. Fees and services

Joining TinnieSales and bidding on listed items is free. We do charge fees for using other services, such as listing items. When you list an item or use a service that has a fee, you have an opportunity to review and accept the fees that you will be charged based on our fee schedules:

If you are a seller, you are liable for subscription fees arising out of all sales made using some or all TinnieSales services, even if sales terms are finalised or payment is made outside of TinnieSales. In particular, if you offer or reference your contact information or ask a buyer for their contact information in the context of buying or selling outside of TinnieSales.

Unless otherwise stated, all fees are quoted in Australian Dollars. You are responsible for paying all fees and applicable taxes associated with our sites and services in a timely manner with a valid payment method. Payment must be made prior to the services being made available to you.

6. Content

When you upload content to the TinnieSales website or otherwise give us content, you grant us a non-exclusive, worldwide, perpetual, irrevocable, royalty-free, sublicensable (through multiple tiers) right to exercise any and all intellectual property rights (including copyright and trademark rights you have in the content, in any media known now or in the future and for any other purpose.

If you are the author of that content, you also irrevocably and unconditionally consent, to the maximum extent permitted by law (either present or future), to TinnieSales and its licensees, contractors, assignees and successors, and their licensees and any other person authorised by any of them (“TinnieSales Authorised Persons”):

(a) disclosing, reproducing, copying, adapting, publishing, performing, exhibiting, communicating, renting, transmitting or otherwise using the content (and any adaptation or part of the content) anywhere in the world:

(i) in whatever form and in whatever circumstances TinnieSales and the TinnieSales Authorised Persons think fit, including adding to or otherwise altering the content (or any adaptation or part of the content); and

(ii) without making any identification of you as the author in relation to the content (or any adaptation or part of the content); and

(b) doing anything or omitting to do anything in relation to the content (or any adaptation or part of the content) anywhere in the world that would otherwise infringe the moral rights, or any similar non-assignable, personal rights, that you might have.

For the convenience of sellers, we may offer catalogues of stock images, descriptions and product specifications that are provided by third parties (including TinnieSales users). You may use catalogue content solely in connection with your TinnieSales listings during the time your listings are on TinnieSales’s sites.

While we try to offer reliable data, we cannot promise that the catalogues will always be accurate and up-to-date, and you agree not to hold our catalogue content providers or us responsible for inaccuracies in catalogues. If you choose to include catalogue content in your listings, you continue to be fully responsible for your listings and for ensuring that your listings are accurate, do not include misleading information and comply with this User Agreement and all TinnieSales policies. The catalogues may include copyrighted, trademarked or other proprietary materials. You agree not to remove any copyright, proprietary or identification markings included with the catalogues or create any derivative works based on catalogue content (other than by including them in your listings).

7. Trading on TinnieSales and limitation of liability

While we strive to maintain a safe trading environment you accept that there are unfortunately sometimes risks when trading online and using our sites, including dealing with underage or fraudulent persons. You will not hold TinnieSales responsible for other users’ content, actions or inactions, items they list or their destruction of allegedly fake items. You acknowledge that we are not an auctioneer. Instead, our sites are venues to allow anyone to offer, sell, and buy just about anything, at any time, from anywhere, in a variety of pricing formats and locations, such as Stores, fixed price formats and auction-style formats. We are not involved in the actual transaction between buyers and sellers. We have no control over and do not guarantee the quality, safety or legality of items advertised, the truth or accuracy of users’ content or listings, the ability of sellers to sell items, the ability of buyers to pay for items or that a buyer or seller will actually complete a transaction or return an item. You should consider and use all of our suggested safe trading guidelines when trading online, including our safe trading tips for buyers and tips for sellers on avoiding transaction problems.

When you enter into a transaction you create a legally binding contract with another user, unless the item is listed in a category under the Non-binding bid policy. You must ensure that you comply with your obligations to that other member and are aware of any laws relevant to you as a buyer or seller. If another member breaches any obligation to you, you – not TinnieSales – are responsible for enforcing any rights that you may have.

You alone, and not TinnieSales, are responsible for ensuring that your listing, bidding and selling and any other activities conducted on our site are lawful. You must ensure that you comply with all applicable laws in Australia and other countries. You must also ensure that you strictly comply with this Agreement and the policies which form part of the Agreement.

We do not take ownership of the items at any time and do not transfer legal ownership of items from the seller to the buyer. Further, we cannot guarantee continuous or secure access to the TinnieSales services, and their operation may be interfered with by numerous factors outside of our control. Accordingly, to the extent legally permitted, we exclude all implied warranties, terms and conditions. We are not liable for any loss of money, goodwill or reputation, or any special, indirect or consequential damages arising, directly or indirectly, out of your use of or your inability to use the TinnieSales services.

To the extent that TinnieSales is able to limit the remedies available under this Agreement, TinnieSales expressly limits its liability for breach of a non-excludable statutory guarantee to the following remedies:

the supply of the services again; or

the payment of the cost of having the services supplied again.

8. Release

If you have a dispute with one or more users, you release us (and our officers, directors, agents, subsidiaries, joint venturers and employees) from claims, demands and damages (actual and consequential) of every kind and nature, known and unknown, arising out of or in any way connected with such disputes.

9. Breach

Without limiting other remedies available to TinnieSales at law, in equity or under this Agreement, we may, without notice to you and in our sole discretion (which shall be exercised reasonably, having regard to the circumstances), delay listing your item, delete your listing, issue you a warning, restrict your activities through our site (including but not limited to buying, selling and posting activities), temporarily suspend, indefinitely suspend or terminate your membership and refuse to provide our services to you, or require you to pay additional fees if:

you have, or we believe that you have, breached this Agreement, which includes any of our Policies in any way (including those Policies referred to in Clause 24 below);

we are unable to verify or authenticate any information you provide to us;

we believe that your actions may cause loss or damage to or otherwise unlawfully harm you, our users, third parties or us, our related bodies corporate or affiliates, our directors, employees or agents; or

if we reasonably believe that any of your information (which includes an item listed on the site) is inappropriate or of an offensive nature.

For security, confidentiality and privacy reasons, we are not obligated to provide you or other members the details of any investigation that we conduct or any action which we take, in relation to your membership or your account other than those that are already provided to you by us.

10. Access and interference

The sites contain robot exclusion headers. Much of the information on the sites is updated on a real-time basis and is proprietary or is licensed to TinnieSales by our users or third parties. You agree that you will not use any robot, spider, scraper or other automated means to access the TinnieSales services for any purpose without our express written permission.

Additionally, you agree that you will not:

take any action that imposes or may impose (in our sole discretion, exercised reasonably) an unreasonable or disproportionately large load on our infrastructure;

copy, reproduce, modify, create derivative works from, distribute or publicly display any content (except for your information) from the sites without the prior express written permission of TinnieSales and the appropriate third party, as applicable;

interfere or attempt to interfere with the proper working of the sites, services or tools, or any activities conducted on or with the sites, services or tools; or

bypass our robot exclusion headers or other measures we may use to prevent or restrict access to the sites.

11. Listing conditions

By listing an item on TinnieSales’s sites, you agree to pay TinnieSales’s fees for the listing, assume full responsibility for the content of the listing and item offered, and accept the following listing conditions:

When you list an item on TinnieSales’s sites, your listing will be posted on TinnieSales’s sites and can be viewed in My TinnieSales.

Your listing may not be immediately searchable by keyword or category for several hours (or up to 24 hours in some circumstances), so TinnieSales can’t guarantee exact listing durations.

We may revise data in the TinnieSales product catalogue to supplement, remove, or correct information; if your listing uses catalogue data that has been revised, those revisions may modify your listing accordingly.

Where your listing appears in search and browse results may be based on certain factors including listing format, title, bidding activity, end time, keywords, price and postage cost, Feedback and detailed seller ratings. Learn more about where your listings appear in search and browse results.

Your listing will, at all times, comply with TinnieSales rules and policies, including listing rules.

You must list your item in the most relevant category. When you list an item in two categories and there is a difference in final value fees between the categories, the higher final value fee will apply when your item sells.

12. Tax on consumer purchases

Buyers and sellers are generally responsible for any Goods and Services Tax (GST), sales tax, or other taxes that apply to items bought on TinnieSales. If you have any questions or require more information about your tax obligations, please contact the Australian Taxation Office, your local tax or customs authority, or seek independent tax advice.

13. Closing your account

You may close your TinnieSales account at any time, subject to:

not having any outstanding items listed on the website; and

resolving any outstanding matters (such as a suspension or restriction on your account); and

paying any outstanding fees owing on the account.

14. Privacy

We do not provide your personal information to third parties for their marketing purposes without your explicit consent. We use your information only as described in the TinnieSales User Privacy Notice. We view protection of users’ privacy as a very important community principle. We store and process your information on computers located in the United States that are protected by physical as well as technological security devices. You can access and modify the information you provide us and choose not to receive certain communications by signing in to your account. We use third parties to verify and certify our privacy principles. For a complete description of how we use and protect your personal information, see the TinnieSales User Privacy Notice. If you object to your information being transferred or used in this way please do not use our services.

Privacy of Others; Marketing

If TinnieSales provides you with information about another user you agree you will use the information only for the purposes it is provided to you. You may not disclose, sell, rent or distribute a user’s information to a third party for purposes unrelated to the Services. Additionally, you may not use information for marketing purposes, via electronic or other means, unless you obtain the consent of the specific user to do so.

15. Indemnity

You will indemnify us (and our officers, directors, agents, subsidiaries, joint venturers and employees) against any claim or demand, including legal fees and costs, made against us by any third party due to or arising out of your breach of this Agreement, or your infringement of any law or the rights of a third party in the course of using the TinnieSales services.

16. No agency

TinnieSales is not your agent for any purpose in relation to this Agreement or your use of the TinnieSales services.

17. Notices

Legal notices must be served on TinnieSales’s registered agent (in the case of TinnieSales) or to the email address you provide to TinnieSales during the registration process (in your case). Notice will be deemed given 24 hours after email is sent, unless the sending party is notified that the email address is invalid or that the email has not been delivered. Alternatively, we may give you legal notice by mail to the address provided by you during the registration process. In such case, notice will be deemed given three days after the date of mailing.

Any notices to TinnieSales’s registered agent must be given by registered ordinary post (or if posted to or from a place outside Australia, by registered airmail) to TinnieSales Pty Ltd, PO BOX 28 Mudgeeraba, Queensland 4213.

18. Legal disputes

If a dispute arises between you and TinnieSales, our goal is to provide you with a neutral and cost-effective means of resolving the dispute quickly. We strongly encourage you to first contact us to seek a resolution. If your dispute is not resolved by contacting Customer Service, all legal notices and formal disputes should be sent to TinnieSales’s registered agent in accordance with Clause 22 above. We will consider reasonable requests to resolve the dispute through alternative dispute resolution procedures, such as mediation or arbitration, as alternatives to litigation.

19 Law and forum for legal disputes

This Agreement will be governed in all respects by the laws of Queensland, Australia. We encourage you to try and resolve disputes using certified mediation (such as online dispute resolution processes). If a dispute cannot be resolved then you and TinnieSales irrevocably submit to the non-exclusive jurisdiction of the courts of New South Wales, Australia.

20. Additional terms

It is important to read and understand all our policies as they provide the rules for trading on the TinnieSales site. You should read the TinnieSales rules and policies overview to see the rules that apply to you. In addition, there may be specific policies or rules that apply, and it is your responsibility to check our Help pages and policies to make sure you comply.

Our policies, including all policies referenced in them, are part of this Agreement and provide additional terms and conditions related to specific services offered on our sites, including but not limited to:

  • User Privacy Notice
  • Site outages
  • Prohibited and restricted items policies
  • Rules for listings
  • Rules about intellectual property
  • Offers to buy or sell outside of TinnieSales policy


Each of these policies may be changed from time to time. Changes take effect when we post them on the TinnieSales.com.au site. When using services on our sites, you are subject to any posted policies or rules applicable to services you use through the sites, which may be posted from time to time. All such policies or rules are incorporated into this User Agreement.

21. General

TinnieSales is located at PO BOX 28 Mudgeeraba, Queensland 4213.

If any provision of this Agreement is held to be invalid or unenforceable, such provision will be severed and the remaining provisions will remain in effect. In our sole discretion, we may assign our rights and obligations under this Agreement to another entity. Headings are for reference purposes only and do not form part of this Agreement. Our failure to act on a breach by you or others doesn’t waive our right to act on subsequent or similar breaches.

We may amend this Agreement at any time by posting the amended terms on TinnieSales.com.au. We will also notify you of any material amendments through TinnieSales Messages (in My TinnieSales) or directly to the email address linked to your account. Except as stated elsewhere, all amended terms will automatically be effective 30 days after they are initially posted. If you do not accept the changes you should close your account in accordance with Clause 18 of this Agreement.

This Agreement contains the entire understanding and agreement between you and TinnieSales. The following Sections survive any termination of this Agreement: Fees and Services (with respect to fees owed for our services), Release, Content, Liability, Indemnity and Legal Disputes.