User Agreement

Set out below are the terms and conditions on which you agree to by using, listing, selling or buying on this Website. By registering and/or participating in the activities of the Website, you accept these terms and conditions. You acknowledge that these terms and conditions constitute a legally enforceable contract between The West Australian and yourself, and in relation to any agreement for the sale and purchase of items on the Website by you.

Introduction

  1. By accepting these terms and conditions you agree that:
    1. There is a legally enforceable contract between you and The West Australian relating to your participation in the activities of the Website.
  2. The West Australian is not acting as:
    1. Your agent in connection with the sale or purchase of goods through the Website; or
    2. The agent for any employment advertisements posted on the Website; or
    3. The agent of any Seller or Buyer.
  3. The West Australian takes no responsibility for enforcing any agreement entered into by you and any advertiser. The West Australian will not become involved in any dispute between you and any advertiser.
  4. You acknowledge and agree that you will perform any legally enforceable contract entered into between you as advertiser and any other advertiser.

Definitions

  1. The following words and phrases have the meanings given to them in these terms and conditions:
    1. The West Australian means West Australian Newspapers Limited (ACN 008 667 632) trading as The West Australian.
    2. Website means the website having the domain name www.TheWestClassifieds.com.au or such other domain name as may be advised by The West Australian in the future.
    3. 'You' means the person who is registering as a member or user under these terms and conditions.
    4. Advertiser means any person who posts or places an advertisement or notice on either the Website or in The West Australian Newspaper.
    5. Seller means any person who offers goods for sale on the Website.
    6. Buyer means any person who agrees to purchase goods for sale on the website by contacting the seller.
    7. The Copyright Act means The Copyright Act 1968 (Cth) Hereafter The Copyright Act.
    8. Material means any material posted by you on the Website including any description of goods, blog, comment, written material or other subject matter posted by you on the Website.
  2. Where appropriate, words and phrases used in these terms and conditions have the meanings given to them in The Copyright Act. For example, "communicate" means to make available online or electronically transmit, etc. as set out in Section 10 of The Copyright Act.

Your Registration

  1. By registering to use the Website, you warrant and represent that:
    1. The information you provide to The West Australian is true, complete, accurate and up to date; and
    2. You are at least 18 years old or the legal age of majority in your jurisdiction (if higher than 18).
  2. You must not:
    1. Register if you are less than 18 years old or below the legal age of majority in your jurisdiction (if higher than 18).
    2. Allow any other person to use, post or create content using your registration details.
    3. Divulge your password or other registration information to any other person.
  3. You must immediately notify The West Australian of any breach of security or unauthorized use of, or access to, your registration details. You are responsible for all Material placed on the Website using your registration and will indemnify The West Australian for any loss or damage suffered as a result of such Material.
  4. The West Australian may at any time terminate or suspend your registration at its absolute discretion.

Fees and Payment

  1. To register as an Advertiser, you must open an account with The West Australian. For help registering, click here.
  2. All fees and charges are in Australian Dollars (AUD) and are inclusive of GST.
  3. The West Australian may change the fees or charges at any time by giving 14 days notice to members. Click here for site announcements.

Warranties

  1. In advertising any good or service on the Website, the Advertiser warrants that:
    1. The Advertiser is entitled to sell the good(s) or provide the service(s).
    2. The Advertiser will deliver the good(s) or provide the service(s) to the Buyer subject to the terms specified by the Advertiser when offering the good(s) or services on the Website.
    3. The goods are of merchantable quality (except where otherwise described by the Advertiser).
    4. The goods are fit for their intended purpose (except where otherwise described by the Advertiser).
    5. The goods will conform to the description of the goods posted on the Website by the Advertiser.
  2. You acknowledge that the above warranties are given by the Seller and not by The West Australian. The West Australian does not give any such warranties.
  3. The West Australian reserves the right to not publish or remove any content that it deems as inappropriate or unfit in any way.

Copyright

  1. You acknowledge that all content placed on the Website is subject to, and in compliance with, Australian and/or International Copyright Laws.
  2. You must not reproduce, communicate or perform any other act in relation to any work or other subject matter on the Website which would result in an infringement of Australian and/or International Copyright Laws. Without limiting the above, you must not (except where expressly permitted by these terms and conditions):
    1. Copy or publish any content or work or other subject matter contributed by any other person.
    2. Download any content or work or other subject matter.
    3. Send a copy of any content or work or other subject matter to any other person.
    4. Communicate any content or work or other subject matter contributed by any other person.
    5. Sell, let or hire, or offer for sale, let or hire, or distribute any article which is an infringing copy of any content or work or other subject matter contributed by any other person.
  3. You may store and display content on your own computer and make a single hard copy for your own personal use. By placing Material on the Website, you grant a licence to other members to store and display your Material on the member's computer and to make a single hard copy for the member's own personal use.
  4. You may forward details of goods for sale on the Website as permitted by the Website.
  5. In relation to your Material, you acknowledge and agree that all Material contributed by you must not infringe the copyright or other intellectual property rights of any other person. You must not contribute Material which will result in an infringement of copyright or other intellectual property rights.
  6. You warrant and represent to The West Australian that:
    1. Subject to (c) below, you are the sole owner of any copyright in all Material posted on the Website by your registration.
    2. Subject to (c) below, you are the sole author of all Material posted on the Website by your registration.
    3. Where the Material is a work of joint authorship and or there are joint owners of copyright, you are a joint author and or joint owner of copyright and all other joint authors and joint owners of copyright have agreed to you making the Material available on the Website;
    4. The making of any Material and its inclusion on the Website will not infringe the copyright or other intellectual property rights of any other person.
    5. You have not granted any licence to or entered into any agreement with any other person in relation to any Material which is inconsistent with the making of the Material or its inclusion on the Website.
    6. You have not entered into any agreement with any other person which is inconsistent with these terms and conditions.
    7. Subject to (h), you are entitled to be named as the author of any Material and you being named as author will not infringe the moral rights or any other rights of any other person.
    8. Where the Material is a work of joint authorship, you are entitled to be named as a joint author of the Material and you have identified all other joint authors and the moral rights of any other person are not infringed.
  7. By making Material available on the Website, you grant to The West Australian: a worldwide, perpetual, transferable, non-exclusive, royalty free licence to include the Material on the Website and to permit users of the Website to view the Material on the Website and to copy the Material as permitted by these terms and conditions.
  8. You may at any time request The West Australian to remove any Material made by you from the Website (subject to the provisions dealing with the withdrawal of goods for sale) and The West Australian will comply with such a request within a reasonable period.

Intellectual Property

  1. The West Australian retains all intellectual property rights in relation to the Website including the content of the Website provided by The West Australian and all trademarks, domain names and indicia used in relation to the Website. You must not use any trade mark, domain name or name or indicia belonging to The West Australian.
  2. You must not sell or attempt to sell any goods or services on the Website where the sale or offering for sale of such goods or services will infringe the intellectual property rights of any person. Without limiting the foregoing, you must not sell or attempt to sell:
    1. Counterfeit goods or goods which bear a trade mark that has been applied to the goods without the licence or consent of the owner of the trade mark.
    2. Goods or services that have been made or are offered in infringement of any patent, design right, copyright or any other intellectual property right.
  3. You must not sell or attempt to sell any goods or services by using a trade mark to which the goods are not entitled.

Restrictions on Advertisements

  1. You must not advertise or attempt to advertise any goods or services on the Website which are prohibited goods or services. For details of restricted items, click here.
  2. You must not advertise or attempt to advertise any goods or services which are illegal or contrary to public policy according to Western Australian Law and or Australian Federal Law.
  3. Any attempted advertisement of prohibited goods or services, whether intentional or not, is ineffective and will be removed at the absolute discretion of The West Australian.

Restrictions on Material

  1. You must not post or attempt to post any Material on the Website which contains any material or content that:
    1. Is defamatory;
    2. Is abusive, threatening or offensive;
    3. Is obscene or which would not be considered appropriate for a website which is freely available to all internet users, including children;
    4. Is discriminatory or offensive in terms of race, gender, sexual preference, religious views or otherwise;
    5. Is maliciously false or which falsely denigrates any person, product, service or otherwise;
    6. Breaches any obligation of confidence owed to any person;
    7. Is misleading or deceptive;
    8. Involves the use of a trade mark, name or indicia which is not owned by you;
    9. Amounts to harassment, stalking or similar conduct;
    10. Would result in a contempt of court, or breach of a suppression or other court order limiting the publication of information relating to court proceedings;
    11. Involves the sale or promotion of commercial products, surveys, contests or advertising;
    12. Is otherwise unlawful or which may give rise to legal action against you.
  2. In using the Website, you must not:
    1. Attempt to impersonate any person;
    2. State or imply that you represent any person, company or other entity when this is not the case;
    3. Attempt to alter or edit any material or content posted by another person or other content of the Website;
    4. Engage in spamming or other conduct involving the sending of unsolicited emails/communication or otherwise;
    5. Solicit for business by placing advertising or other Material or other content on the Website (except where expressly permitted by The West Australian);
    6. Do anything which affects the functioning of the Website or any other website, including the use of viruses, Trojan horses or other means of analysing, interrupting or adversely affecting the functionality of the Website or any other website;
    7. Use any automated system (including those known as a site crawler, spider or robot) to access or analyse any information or content of the Website or otherwise;
    8. Engage in the activity known as hacking or otherwise attempt to access restricted areas of the Website or other computer systems though the Website;
    9. Attempt to access any person's personal information held by The West Australian;
    10. Attempt to disable, circumvent or otherwise interfere with the security features of the Website;
    11. Place any link on the Website or other means by which users of the Website can access other websites;
    12. Place any advertisement or unauthorised material on the Website through illegitimate means.
  3. You acknowledge that the material placed on the Website is contributed by users and that the opinions, views, advice and statements made in such material are not made, provided or endorsed by The West Australian. The West Australian is not responsible for such material or any reliance on such material by you.
  4. The West Australian reserves the right to remove, not publish or modify any content that it deems to be unfit or reasonably unsuitable for a website that is freely available to all internet users, including children.

Monitoring and Removal of Material

  1. You acknowledge and agree that The West Australian may, at any time and at its absolute discretion, remove any Material from the Website and without giving any reason for its removal.
  2. You acknowledge that The West Australian is entitled to monitor all Material and to disclose information, including personal information, to appropriate government and other agencies where required or where it is otherwise reasonable or appropriate for such information to be disclosed (subject to The West Australian's legal obligations under Privacy and other laws).
  3. The West Australian may, at any time and at its absolute discretion, discontinue the Website or any part of it.

Privacy

  1. You consent to The West Australian holding and using your personal information for the purpose of your use of the Website. Such personal information will be held and used subject to The West Australian's Privacy Policy.

Indemnity

  1. You will indemnify The West Australian and keep The West Australian indemnified against any loss or damage suffered by The West Australian, including any legal costs incurred, which arises out of circumstances where you are in breach of any of these terms and conditions, including without limitation where a claim is brought against The West Australian by any other person as a result of any Material placed by you on the Website or any use of the Website by you.
  2. Without limiting the above, you will indemnify The West Australian and keep The West Australian indemnified against any loss or damage suffered by The West Australian, including any legal costs incurred, arising out of any claim alleging that:
    1. Any Material made by you infringes the copyright or other intellectual property rights of any other person;
    2. Any Material made by you contains material or content which is prohibited pursuant to clauses 31 and 32 of these terms and conditions.

No Warranties

  1. The West Australian gives no warranties and makes no representations regarding the Website or the contents or availability of the Website or any of the materials to or other material contained on the Website. Except to the extent that any law or statute prohibits the exclusion of any condition or warranty, all other conditions or warranties are excluded. All implied terms, conditions and warranties in any Sale of Goods legislation are excluded.
  2. The West Australian's liability and your sole remedy for breach of any express warranty, or warranty or right implied or conferred by law, is limited to, at The West Australian's option, one or more of: In the case of any goods: (a) replacement of the goods or supply of equivalent goods; (b) correction or repair of the goods; (c) payment of the cost of replacing the goods or acquiring equivalent goods; or (d) payment of the cost of repairing or correcting the goods. In the case of any services: (a) supplying the services again; or (b) payment of the cost of having the services supplied again.

Liability

  1. Except as expressly provided elsewhere in this agreement, The West Australian will be under no liability to you and liability is excluded (whether for breach of contract, negligence or otherwise) in respect of any loss or damage which may be suffered or incurred by you in relation to the inclusion of your Material on the Website or use of the Website.
  2. Without limiting the generality of clause 43 above, The West Australian will be under no liability to you and liability is excluded (whether for breach of contract, negligence or otherwise) for any special, incidental, indirect, or consequential damages whatsoever (including, without limitation, damages for loss of business or profits, loss resulting from business interruption, loss of business information, loss resulting from any claim by any third party or any other pecuniary loss) arising out of the inclusion of your Material on the Website or your use of the Website, even if The West Australian has been advised of the possibility of such damages.
  3. You acknowledge that the websites of third parties may be accessed through the Website and that The West Australian has no control over such third party websites. The West Australian will be under no liability to you and liability is excluded (whether for breach of contract, negligence or otherwise) in respect of any loss or damage which may be suffered or incurred by you in relation to any website accessed through the Website.
  4. You acknowledge that the content and material posted by third parties on the Website are made pursuant to these terms and conditions but that The West Australian is not responsible for such content or material. The West Australian will be under no liability to you and liability is excluded (whether for breach of contract, negligence or otherwise) in respect of any loss or damage suffered by you as a result of any criticism, comment or other content of any third party material which are made in relation to your Material or which are otherwise posted on the Website.
  5. You acknowledge that your Material will be made available on the Website and that there is a risk that other persons may attempt to copy your Material. While The West Australian takes reasonable steps to prevent such copying, The West Australian cannot guarantee that your Material will not be copied. The West Australian will be under no liability to you and liability is excluded (whether for breach of contract, negligence or otherwise) in respect of any loss or damage suffered by you as a result of any copying of your Material by any other person.

General

  1. If any of these terms and conditions are found to be invalid or unenforceable, the balance of this agreement shall remain in full force and effect as if such terms had not been included in this agreement.
  2. These terms and conditions are governed by, and construed in accordance with, the laws of Western Australia. All parties consent to the non-exclusive jurisdiction of the courts of Western Australia and agree that they will not object to that jurisdiction on the grounds of convenience or otherwise. You acknowledge that the Website is a passive website and that your use of the Website does not give rise to jurisdiction in relation to any matter outside Western Australia.
  3. The West Australian may amend these terms and conditions from time to time by notice on the Website and such amended terms and conditions will apply to any future use of Website or future Material posted by you on the Website from the date of such notice.
  4. When appearing in The West Australian Newspaper, to comply with The West Australian's listing policy and procedures, your advertisement may be summarised or altered to comply. All endeavours will be made to eliminate errors and omissions.

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