Terms & Privacy
1. Acceptance of Terms
You understand and agree that unless expressly stated, Buy Swap Sell in no way controls, verifies or endorses any of the information contained on or in the Service including listings, links, messages, advertisements and reviews.
Although registration is not required to use the Service or access to the Site, if you decide to register, you must complete the BuySwapSell registration process. If you choose to register, you must submit a valid e-mail address and select a username and password during the registration process and be at least 18 years of age. You are responsible for maintaining the confidentiality of your username and password, and all uses of your account, whether or not you have authorized such use. You agree to notify Buy Swap Sell immediately of any unauthorized use of your account.
Buy Swap Sell reserves the right to refuse the Service or access to the Site to any user, or to delete accounts created by users who appropriate the name, likeness, email address or other personally identifiable information of another individual.
You understand that all listings, messages, text, files, images, photos, video, audio or other materials ("Content") posted on, transmitted through, or linked from the Site are the sole responsibility of the person or organization from whom such Content originated. You also understand that BuySwapSell does not control and is not responsible for Content made available through the Site, and that by using the Site, you may be exposed to content that is offensive, indecent, inaccurate, misleading or otherwise objectionable. Please see our Content Policies page for complete details.
Furthermore, the Site and Content made available through the Site may contain links to other web sites that are completely independent of BuySwapSell. Buy Swap Sell makes no representation or warranty as the accuracy, completeness or authenticity of the information contained on such web site. Under no circumstances will Buy Swap Sell be liable in any way for any Content or for any loss or damage of any kind incurred as a result of the use of any Content posted, emailed, linked or otherwise made available via the Site.
You understand and agree that any uploading or posting will be at your sole risk and Buy Swap Sell shall not be responsible to you in any way. Further, Buy Swap Sell does not provide any warranty as to your use of third-party content or software that you obtain from the Site.
You are also fully responsible for any Content you post on the Site and to the consequences of any such Content. Although Buy Swap Sell does not claim ownership of Content that its users post, by posting Content to the Service, you automatically grant, and you represent and warrant that you have the right to grant, to Buy Swap Sell an irrevocable, perpetual, non-exclusive, fully-paid, worldwide license to use, copy, perform, display and distribute said Content and to prepare derivative works of, or incorporate into other works, said Content, and to grant and authorize sub-licenses through multiple tiers of the foregoing. You also understand and agree that Buy Swap Sell, in its sole discretion, may delete any Content for any reason.
4. User Conduct
You agree to act responsibly and to treat other users with respect. Users also must not use the Site or the Service to harass or abuse other users. Individuals who have demonstrably harassed other individuals will be removed from the Service or blocked from the Site.
5. No Spam Policy
You understand and agree that sending unsolicited email advertisements to Buy Swap Sell email addresses or through Buy Swap Sell computer systems, which is expressly prohibited by these Terms, will use or cause to be used servers located in California.
All right, title and interest in and to the Site and the Service are and will remain the exclusive property of Buy Swap Sell. "Buy Swap Sell" logos, icons and other marks identifying Buy Swap Sell services or products are trademarks of Buy Swap Sell and may not be used without prior written permission. Except as otherwise expressly set forth in these Terms, you may not copy reproduce, distribute, or create derivative works of the Service or the Site without Buy Swap Sell's express written authorization.
7. Dealings with organizations or individuals
Buy Swap Sell shall not be liable for your interactions with any organizations and/or individuals found on the Site or through the Service. This includes, but is not limited to, payment and delivery of goods and services, and any other terms, conditions, warranties or representations associated with such dealings. These dealings are solely between you and such organizations and/or individuals. You agree that Buy Swap Sell is not responsible for any damage or loss incurred as a result of any such dealings. Buy Swap Sell is under no obligation to become involved in disputes between participants on the Site, or between participants on the Site and any third party. In the event of a dispute, you release Buy Swap Sell, its officers, employees, agents and successors in rights from claims, damages and demands of every kind, known or unknown, suspected or unsuspected, disclosed or undisclosed, arising out of or in any way related to such disputes and our service.
8. Limitation & Termination of Service
You acknowledge and agree that Buy Swap Sell Classifieds
May establish limits concerning use of the Service
Has no responsibility or liability for the deletion or failure to store any Content maintained or transmitted by the Service
Reserves the right at any time to modify or discontinue the Service (or any part thereof) with or without notice, and that Buy Swap Sell shall not be liable to you or to any third party for any modification, suspension or discontinuance of the Service.
Has the right (but not the obligation) to delete or deactivate your account, block your email or IP address, or otherwise terminate your access to or use of the Site (or any part thereof), immediately and without notice, and remove and discard any Content within the Site, for any reason, including, without limitation, if Buy Swap Sell believes that you have acted inconsistently with these Terms.
Shall not be liable to you or any third-party for any termination of your access to the Site. Further, you agree not to attempt to use the Site or the Service after said termination.
You agree not to post, email, otherwise make available Content that:
- Is unlawful, threatening, harmful, bigoted, obscene or otherwise objectionable, harassing, libelous, abusive, racially offensive,
- Advertises any illegal services or the sale of any items prohibited or restricted by applicable law
- Is harmful to minors or displays sexually explicit material of any kind
- Encourages conduct that could constitute a criminal offense, gives rise to civil liability or otherwise violates any applicable local, state, national or international law or regulation
- Transmits or posts any unsolicited or unauthorized advertising, "spam," junk mail, "chain letters," "pyramid schemes," etc.
- Transmits or posts any content that infringes upon patents, trademarks, trade secrets, copyrights or other proprietary rights
- Transmits or posts any viruses or material designed to disrupt, limit or destroy any functionality of any computer software or hardware of users, members or the Buy Swap Sell service
- Collects, stores or solicits information about other users or members for commercial or unlawful purposes or engage in commercial activity such as contests, sweepstakes, etc.
- Contains personally identifiable information about another member that is published without their express consent
- Contains material originally posted by another member that is re posted without permission or attribution
- Has misleading email addresses or other manipulated identifiers to disguise its origin
- Is purposefully posted in an irrelevant category or city, repeatedly post the same or similar Content or otherwise impose an unreasonable or disproportionately large load on Buy Swap Sell's infrastructure
- Is from more than one member account
- Circumvents or attempts to defeat any security or verification measures relating to use of the Site or Services
Additionally, you agree not to:
- Contact anyone who has asked not to be contacted
- "Stalk" or otherwise harass anyone
- Delete or revise any material posted by any other user
- Impersonate any person or entity or falsely state or misrepresent your affiliation with another person or entity
- Use automated means, including spiders, robots, crawlers, data mining tools, or the like to download data from the Site
- Attempt to gain unauthorized access Buy Swap Sell computer systems or networks to engage in any activity that disrupts, diminishes the quality of, interferes with the performance of, or impairs the functionality of, the Service or the Site
9. Privacy & Information Disclosure
You further acknowledge that Buy Swap Sell may, in its sole discretion, preserve or disclose your Content, as well as your information, such as email addresses, IP addresses, time stamps, and other user information, if required to do so by law or in the good faith belief that such preservation or disclosure is reasonably necessary to comply with the legal process, enforce these Terms, respond to claims that any Content violates the right of third-parties; or to protect the rights, property, or personal safety of BuySwapSell, its users or the general public.
10. Professional User
All fees non-refundable, in whole or in part, even if the Service is suspended, or canceled prior to the end of your payments for featured or bump ups.
Protecting Your Privacy
In various places on the Site, we collect "Personally Identifiable Information," such as your name, postal address, telephone number, e-mail address, or other information that can be used to identify you or contact you. BuySwapSell.net.au will not share any of your Personally Identifiable Information, except for the information you choose to publicly disclose in the listings you publish, with our advertisers or any third-parties for marketing purposes. BuySwapSell.net.au offers email anonymization & relay to protect your identity and reduce spam.
Account information is password protected.
Keep your password safe. BuySwapSell.net.au does not knowingly collect any Personally Identifiable Information from persons under the age of 18, and BuySwapSell.net.au does not permit persons under the age of 18 to register on the Sites. If we learn that a listing is by a person under the age of 18, we will remove that listing.
Registered users and users that provide their email address to BuySwapSell.net.au may receive a copy of our newsletter and other occasional mailings from us regarding our service or the Sites. You may opt-out of receiving future mailings at any time by clicking the unsubscribe link on the email, or by updating your subscription information on the Subscription Tab in the My Account section. You can review and change your Personally Identifiable Information or password at any time on the My Profile Tab in the My Account section.
Cookies, Web Beacons and Scripts
Data We Collect
In addition to Personally Identifiable Information you provide at registration or by using the service, we collect the following information:
Listings content. When you place a listing or a review on the Site, we collect a variety of information related to that listing (e.g., price, model). The public will see any information that you include in your listing, and as such, BuySwapSell.net.au has no control over how this information will be used. For that reason, please think carefully about what Personally Identifiable Information you disclose in your listing. You can always edit or deactivate any of your listings.
Discussions about listings. When you comment on a listing. You can always delete your comments.
Correspondence. Correspondence between you and the other party initiated through our site, and correspondence to us.
"Anonymous Information" such as your IP address, the type of browser you use, the pages on our Sites that you visit, the search terms that you enter and the advertisements that you click. This information is used to help us diagnose problems, administer the site and otherwise improve our service to you.
Credit card information.
Credit card information, including credit card numbers, is not stored. We use trusted third party vendors (STRIPE) to handle secure credit card transactions for us.
BuySwapSell.net.au may disclose information about its users if required to do so by law or in the good faith belief that such disclosure is reasonably necessary to: