Terms & Conditions

  1. Definitions

    In these terms and conditions:

    Ad

    means an advertisement placed by a Seller on the Site for the sale of Goods

    Buyer

    is a user of the Site that is buying Goods or interesting in purchasing Goods

    Claim

    any allegation, debt, cause of action, liability, claim, proceeding, suit or demand of any nature howsoever arising and whether present or future, fixed or unascertained, actual or contingent whether at law, in equity, under statute or otherwise

    Content  

    means any content, information, description, review, comment, testimonial, conversation report, survey response, image, video, recording, creative works or writings, reference, link, resource, or other material in any form 

    Fee

    is any fee charged by Us for Your use of the Site as described on the Site and amended from time to time

    Goods

    means any goods (or services as allowed) that are advertised for sale on the Site

    GST

    has the meaning given to it in the A New Tax System (Goods and Services Tax) Act 1999 (Cth)

    Laws

    means common law, principles of equity, and laws made by parliament (and laws made by parliament include State, Territory and Commonwealth laws and regulations and other instruments under them, and consolidations, amendments, re-enactments or replacements of any of them)

    Loss

    includes any damage, loss, cost, Claim, liability or expense (including legal costs and expenses) including any direct, incidental, consequential, indirect, special, or punitive damages of any kind (including but not limited to economic losses or loss of profit, business interruption, harm to business reputation or legal costs, defence costs or settlement costs) 

    Our Content

    means any Content that is uploaded or submitted to the Site or distributed or provided by Us

    PayPal

    is the payment gateway for financial transactions through www.paypal.com.au 

    Personal Information

    has the meaning given to it in the Privacy Policy

    Privacy Policy

    means Our privacy policy which can be viewed at https://www.everythingoutdoors.com.au/privacy-policy/

    Seller

    is a user of the Site that is selling Goods;

    Site

    means and includes: 

    1. the website at www.everythingoutdoorsaustralia.com.au ;
    2. a site, page or forum within the website; and
    3. any  social media page, tool or application maintained by Us

    Terms of Use

    means the terms, conditions, notices and disclaimers contained in this document and elsewhere on the Site 

    Third Party Sites

    means sites and resources located on servers operated and maintained by third parties

    Us, We or Our

    means Everything Outdoors Australia Pty Ltd A C N 620 979 455  A B N 78 489 846 185 

    You or Your

    means the person, individual, company, organization, partnership or entity using, viewing or accessing this Site

    Your Content

    means any Content that is uploaded, transmitted, distributed, created, produced, submitted or provided by You 

  2. Ownership

    The Site is owned and operated by Us.

  3. Acceptance

    1. Your use of or access to this Site is conditional upon Your acceptance and compliance with the Terms of Use. By continuing to use, or access this Site, You agree to be bound by the Terms of Use. If You do not agree to the Terms of Use, please stop using the Site immediately.
    2. You must be over 18 years of age to use and access the Site.
    3. We may at any time vary, revise, add, amend, modify, or delete any part of these Terms of Use or the Site by publishing the variations on the Site.
    4. Any amended Terms of Use (made in accordance with Clause 3.3 above) will be effective immediately and You will be bound by the amended Terms of Use from that time.
    5. You agree to be bound by the Terms of Use, and You should periodically refer to them.
  4. Termination

    1. The Terms of Use are effective until terminated by Us.
    2. Termination by Us: We may terminate these Terms of Use and Your access to the Site at any time without notice for any reason, including if We believe that you may have violated these Terms of Use.
    3. Automatic termination: If You violate any Terms of Use, Your right to use and access the Site automatically terminates.
    4. You agree that all restrictions imposed on You, disclaimers and limitations of liability set out in the Terms of Use are reasonable and will survive termination of these Terms of Use or any licence granted to You to use this Site.
  5. Restrictions on use

    1. You agree and warrant that You will not use the Site in a manner that is illegal or otherwise inconsistent with these Terms of Use, or that We deem objectionable.
    2. We may (but do not have to) monitor Your Content to determine compliance with the Terms of Use.
    3. You undertake to Us not to violate any Laws when using this Site.
  6. Selling Goods

    1. By making an application to sell Goods on the Site, You warrant that:
      1. all Personal Information provided by You upon application is correct and complete at the time of making the application;
      2. You have consented to the terms of the Privacy Policy;
      3. You are the legal owner of all intellectual property rights in Your Content (as contained in Your Ad) and Your Content does not infringe any third party intellectual property rights;
      4. You are the owner of the Goods and have the legal right and authority to sell the Goods;
      5. Your Ad is a truthful, accurate and complete description of the Goods being sold;
      6. Your Goods comply with any and all Laws;
      7. the sale or advertising of Your Goods for sale (including the Ad) does not contravene any Laws;
      8. if You are required to have a licence / permit to sell the Goods, You hold a valid and current licence / permit.
    2. We reserve the right (in our absolute discretion and without having to provide any reason) to:
      1. reject any application to sell Goods on Our Site;
      2. delete or take down any Ad – even after We may have initially accepted the Ad (and with no obligation to provide a refund of the Fee paid);
      3. remove an Ad unless a renewal Fee is paid by the due date for continued display of that Ad; and (d) restrict Your use of the Site either temporarily or permanently.
    3. Fees
      1. You are able to review and consider the Fee before committing to Your application to post an Ad. Once You submit an application to post an Ad, that is deemed acceptance of the Fee.
      2. The Fee must be paid and received by Us in full before We post an Ad on the Site.
      3. The Fee is non-refundable.
      4. All Fees are quoted in Australian dollars.
      5. Unless otherwise specified, the Fee is exclusive of GST.
      6. Where You have an option to use PayPal for payment of Fees, you will be redirected to the PayPal website and are bound by the terms and conditions of that Third Party Site.
    4. If You are a Seller, You agree and acknowledge that:
      1. Your Ad will expire at the end of the agreed display period without us having to make contact with you. In order to renew the Ad – you must make an application and pay the Fee as if it was a new Ad;
      2. all Ads must be unique and substantially different from each other;
      3. You are solely responsible for collecting any payment and remitting any taxes (as applicable) resulting from the sale of Your Goods through use of the Site and We are in no way responsible for a Buyer taking possession of the Goods without making complete payment to You;
      4. You are responsible for any errors and omissions in the Ad – as provided by You;
      5. You are responsible for any consequence that may result from your Ad or use of the Site;
      6. You will notify Us if your Goods are sold so that We can remove the Ad – this will enable Us to keep the Site current and up to date for users and potential Buyers;
      7. We will determine which category Your Goods are advertised under on the Site;
      8. each Seller must reside or be located in Australia;
      9. all Ads must be posted in English although it is acceptable to include a translation of Your Ad in another language in addition to English;
      10. in accordance with our Privacy Policy, We may provide your Personal Information to the police or authorities if We have reasonable grounds to believe that You are in possession of Goods that are stolen or may have information relating to illegal activities.
    5. If You are a Seller, You agree that You must not:
      1. be false or misleading in anyway – either to Us or a potential Buyer;
      2. copy the Content of any other Seller's Ad;
      3. submit an Ad that is a duplicate of another Ad previously posted by another Seller;
      4. include a link to a Third Party Site in Your Ad;
      5. distribute or send communications that contain spam, chain letters or pyramid schemes;
      6. harvest or collect information about other users of the Site, including email addresses or any Personal Information without their consent
      7. submit an Ad that contains any advertising or commercial materials or promotional materials relating to services or companies that are competitive with Us; or
      8. submit an Ad or any Content that violates or infringes in any way the rights of others or solicits, encourages or promotes the use of illegal activities, which is unlawful, threatening, abusive, harassing, defamatory, libellous, derogatory, invasive of privacy or publicity rights, vulgar, obscene, hateful, scandalous, discriminatory (on race, religion, nationality, gender or politics) pornographic, objectionable, which gives rise to civil or criminal liability or otherwise violates any Law.
    6. The following Goods are prohibited for sale on the Site:
      1. Goods that are stolen;
      2. counterfeit products, replicas or knock-off brand name goods;
      3. illegal products; and
      4. anything that We determine from time to time to be prohibited.
    7. Changes to Ads:
      1. You must submit a request in writing (by email) to Us if You want to:
      2. change any part of Your Ad or its Content; or (ii) cancel Your Ad.
      3. We reserve the right to charge a Fee for making any change to the Ad or its Content.
      4. Fees are not refunded if an Ad is cancelled after it has been posted.
      5. Our response to Your request is not instantaneous and We will respond to your correspondence as soon as reasonably possible.
    8. Verification of identity: We reserve the right, at any time, to verify Your identity, age and place of residence, and to disqualify You if You submit an application or Ad that is not in accordance with these Terms of Use.
    9. Licence to Us: When You submit or produce any of Your Content (whether as part of an Ad or otherwise), unless We advise otherwise, You agree to license and grant Us and Our affiliates and sub-licensees, a non-exclusive, transferable, sub-licensable, royalty-free, perpetual, worldwide and irrevocable right to use, reproduce, modify, adapt, publish and display Your Content for any purpose in any media, without compensation, restriction on use, attribution or liability. You further agree not to assert any moral rights in relation to such use and warrant that You have the full authority to grant these rights.
  7. Buying Goods

    1. As a user of the Site or potential Buyer, you acknowledge and agree that We do not accept any liability for:
      1. monitoring the Goods or the Ads;
      2. verifying the accuracy of the Ad;
      3. verifying the condition of the Goods;
      4. Goods that are encumbered when sold;
      5. purchase transactions; or
      6. delivery or handover of the Goods.
    2. As a Buyer You release Us and Our affiliates completely from any Claim or Loss relating from Your use of the Site or purchase and subsequent use of the Goods.
    3. There is no Fee charged for accessing the Site to browse Ads.
    4. If You wish to purchase any of the Goods described in an Ad, You will be solely responsible for:
      1. making contact direct with the Seller;
      2. inspecting the Goods (if applicable) and satisfying Yourself as to the condition of the Goods;
      3. making payment direct to the Seller;
      4. collection and or delivery of the Goods;
      5. insurance of the Goods whilst they are in transit;
      6. transfer of registration (if applicable) of the Goods; and
      7. paying or remitting any taxes or duty that may be applicable on acquisition / transfer of the Goods.
    5. As a potential Buyer, You are encouraged to make Your own inquiries in relation to:
      1. the Seller – including whether they are licenced or legally allowed to sell the Goods to You;
      2. whether the Goods are fit for the purpose You intend them for;
      3. the price of the Goods advertised for sale;
      4. any recalls that have been issued on the Goods (refer to www.recalls.gov.au);
      5. whether there are any outstanding encumbrances on the Goods including without limitation any mortgage, pledge, lien, charge, preferential interest or security interest (whether registered or not); and
      6. whether You are required to have a permit or licence to purchase, own and or use the Goods.
  8. Payment for Goods

    1. We do not:
      1. have access to Yours or anyone's financial details.
      2. hold any funds on behalf of a Buyer or Seller in relation to a purchase of Goods; or
      3. involve Ourselves in any way in the sale or purchase of Goods or the transfer of monies between a Seller and a Buyer.
    2. Where PayPal is used to transfer funds, You are bound by the terms and conditions of the PayPal service.
    3. If you have a dispute with PayPal, a Seller or a Buyer in relation to a payment transaction on PayPal, that does not arise directly as a result of an error by Us, You release us from and our affiliates from any Claim or Loss arising out of or in any way connected with the dispute.
  9. Behaviour and conduct

    1. Where You engage directly with a Seller or a Buyer (as the case may be) You agree that You must use Your best endeavours to behave appropriately and ethically.
    2. We will not tolerate any behaviour that is offensive, threatening, discriminatory or otherwise objectionable.
    3. We ask that You report problems to Us or contact Us if You believe in good faith that:
      1. Content is offensive;
      2. someone has breached these Terms of Use;
      3. an Ad infringes on Your intellectual property rights; or
      4. You have experienced or witnessed bad behaviour or inappropriate conduct; or (e) any of the advertised Goods are stolen.
  10. 10. Security

    1. You agree that you will only access the Site through the interfaces we provide.
    2. You agree not to “hack” or reverse-engineer the Site, or take any action that could have the effect of damaging the Site or its security, or interfere with other users’ use of the Site.
    3. You agree that you must not cause or allow any automated, computerized or mechanical process to access or to collect data or Content from the Site, or to send unsolicited or unlawful email or correspondence, to or through the Site or with reference to Us or the Site, or using information obtained through using the Site.
    4. Violations of system or network security may result in civil or criminal liability.
  11. No warranties or representations

    1. The Site and Our Content are provided on an ‘as is’ basis without any warranties of any kind other than any statutory warranties or warranties that cannot be excluded under applicable Australian consumer protection laws.
    2. Subject to clause 11.1 above, We, to the fullest extent permitted by Law, disclaim all warranties.
    3. You acknowledge that You have not relied on any representation made by Us which has not been stated expressly in these Terms of Use.
    4. Except as provided by any applicable Australian consumer protection Laws, We do not warrant that:
      1. access to this Site will be uninterrupted;
      2. the services offered on the Site will be error-free;
      3. the Content is complete, error free, accurate or up to date; or
      4. this Site and its servers are free of computer viruses and other harmful data, code, components or other material.
    5. We recommend that prior to using any downloaded file, You carry out an appropriate virus check.
  12. Limitation of liability

    1. Your use of this Site is at Your own risk.
    2. To the extent permitted by law, by using this Site You undertake to Us that You waive all rights and Claims that You may have against Us including without limitation, any Claim for defamation, misleading and deceptive conduct, injurious falsehood, unconscionable conduct, criminal libel or negligence.
    3. In no way will We or Our affiliates, or any party involved in creating, producing or delivering this Site, be liable for any Loss arising out of Your access, use, misuse or inability to use this Site, any linked Third Party Sites, any Goods, any advertisers’ products or services offered on or in connection with the Site, or in connection with any failure or performance, error, omission, interruption, defect, delay in operation or transmission, computer virus, or line software or system failure.
    4. In the event that You have a dispute with another user of the Site, related to, arising from, or in any way connected with use of the Site or Goods sold on the Site, You release Us and Our officers, directors, owners, employees, agents, information providers, affiliates, subsidiaries, partners, and licensors from all Claims and Loss of every kind and nature arising out of or in any way connected with such a dispute.
    5. Our liability is only limited to the extent permitted by law in each jurisdiction.
  13. Indemnity

    You agree to indemnify Us, Our directors, officers, employees and related entities from and against any and all Claims made by any third party due to or arising out of Your breach of these Terms of Use or Your violation of any law or the rights of a third party.

  14. Links

    1. Content displayed on this Site and links on or from this Site may lead to or be sourced from Third Party Sites over which We have no control.
    2. Links to Third Party Sites are provided for convenience only and should not be construed as an endorsement or recommendation by Us of any Third Party Site referred to.
    3. Any third party advertiser is solely responsible to You for the delivery of any goods or services You purchase on a Third Party Site.
    4. We accept no liability for loss of any kind arising from content or materials available on Third Party Sites or the use of links.
    5. Third Party Sites contain their own terms of use which You should read carefully.
    6. You link to Third Party Sites entirely at your own risk.
  15. Privacy

    1. By using this Site, You are taken to consent to Our Privacy Policy https://www.everythingoutdoors.com.au/privacy-policy/
    2. We may require You to provide information about Yourself when using the Site from time to time. You agree that any such information You provide to Us will be accurate and up to date.
    3. We may also ask or require You to use a password or other form of authentication to access or use the Site. You further agree to maintain the security of Your password, and to notify Us immediately if You suspect that Your password or account has been compromised.
  16. Intellectual Property

    1. You acknowledge that all Content and this Site is the subject of intellectual property and legal rights (including third party rights).
    2. You must not, during or at any time after the expiry or termination of this licence to use and access the Site (which is granted to You and is subject to the Terms of Use), permit any act which infringes any of those rights.
    3. The Content is protected by Australian and international copyright Laws and You acknowledge that any unauthorised use of the Content may violate these laws.
    4. Other than as expressly permitted by law or these Terms of Use, no part of the Content may, without the specific prior written consent of Us or Our affiliates, be directly or indirectly:
      1. used, copied, reproduced, translated, reused, transmitted, retransmitted, adapted, varied, removed, altered, modified, stored, published, republished, broadcasted, linked, distributed, framed, posted, uploaded, rewritten, broadcasted, stored;
      2. performed in public;
      3. incorporated into any other web site or used for any commercial purpose;
      4. stored in a retrieval system, by any means, including but not limited to graphic, electronic or mechanical, including photocopying, recording, taping or by storage in an information retrieval system;
      5. used in any manner or for any purpose which is unlawful; or
      6. used in any manner which violates any right of Ours (or an affiliate of Us) or which is prohibited by Us.
    5. Some of the copyright in the Content is included on the Site under a licence from third parties. Any permission to use, copy or reproduce that Content (other than in the course of viewing this Site) must be obtained from the copyright owner.
    6. All names, brands, logos and trademarks (both registered and unregistered) identifying Us are the property of Us.
    7. Nothing contained on this Site should be construed as granting any licence or right to use or distribute any name, logo or trademark displayed on the Site without the express written permission of Us.
  17. General

    1. Non transferrable: You must not assign any rights benefits or obligations as a user of this Site, Seller or Buyer without the prior written consent of Us.
    2. Severability: A term of part of a term of these Terms of Use that is illegal or unenforceable may be severed from the Terms of Use and the remaining terms or parts of the term continue in force to the maximum extent possible.
    3. Waiver: We do not waive a right, power or remedy if We fails to exercise or delay in exercising a right, power or remedy. A single or partial exercise of a right, power or remedy does not prevent another or further exercise of that or another right, power or remedy. A waiver of a right, power or remedy must be in writing and signed by Us.
    4. Relationship: These Terms of Use do not create a relationship of employment, agency or partnership between Us and You.
  18. Governing law

    All matters relating to this Site are governed by and are to be construed according to the Laws applicable in the State of Victoria and the Commonwealth of Australia and You irrevocably and unconditionally submit to the exclusive jurisdiction of the courts of Victoria and Australia.