Please read this information carefully.
Tradr provides a service on this website to both buyers and sellers in Australia of new and used items. It creates an easy to use on-line marketplace where sellers are able to list their items and buyers are able make decisions about their purchases. Tradr has created this on-line forum for buyers and sellers in Australia to enter into transactions between each other. Tradr is not directly involved in the buying or selling of the items and is not part of the transaction between the buyer and seller.
This means that Tradr is not responsible for the listing made by the seller or whether the buyer ultimately purchases an item. It recommends that the buyer and seller enter into a transaction by incorporating the Sample Product Terms and Conditions [link] into their transaction, including the ability of a buyer to return items if they are dissatisfied, particularly, if the sizing of the item is incorrect. These matters are matters to be agreed between the buyer and the seller. For these reasons it is important that as the users of this website that you are aware of the role of Tradr and the terms and conditions upon which it allows you to use this website and the services it provides.
The use of this website by you indicates an acceptance of and agreement to be bound by the terms and conditions contained below. If you do not agree with these terms and conditions do not use the service offered by Tradr on this website. Tradr suggests that if you have any queries in relation to these terms and conditions that you seek your own independent legal advice.
It is agreed:
Tradr Pty Ltd trading as Tradr (“Tradr”) agrees to provide on-line forum for buyers and sellers to enter into transactions with each other for the sale and purchase of items subject to these terms and conditions (“Agreement”). The terms of this Agreement state all of your rights and remedies with respect to the services provided on this website by Tradr.
Tradr cannot and does not provide to the users of this website any guarantee as to the title of the seller of any item, the accuracy or completeness of any listing by a seller or the quality of any item referred to on this website or that a buyer of any item from this website has an ability to pay the seller for the item and to the fullest extent possible Tradr disclaims any liability for damage, loss or expense suffered by any user of this website arising from such matters.
To the full extent permissible under applicable law, Tradr expressly disclaims all or any warranties of merchantability and/or fitness for a particular purpose that may arise in relation any transaction undertaken by a user of this service. Some jurisdictions limit or do not allow the disclaimer of implied or other warranties and the above disclaimer shall not apply in those jurisdiction to the extent such laws are applicable to this Agreement.
Tradr and their directors, officers, employees, consultants, agents or other representatives shall not be liable for any damage, loss or expense of any kind arising out of or resulting from the use of service offered to users on this website by Tradr regardless of whether such liability is based in tort, contract or otherwise. Some jurisdictions limit or do not allow an exclusion of liability and the above exclusion of liability shall not apply in those jurisdiction to the extent such laws are applicable to this Agreement.
In no event shall Tradr or their directors, officers, employees, consultants, agents or other representatives be liable to you for any indirect, special, incidental, consequential or punitive damages (including without limitation loss of profits, loss or corruption of data, loss of goodwill, work stoppage, computer failure or malfunction or interruption of business), regardless of whether Tradr or their directors, officers, employees, consultants, agents or other representatives have been advised of the possibility of such damages.
The services provided by Tradr are only available to a user if:
6.1. the user is at least 18 years of age;
6.2. the user can enter into a legally binding agreement; and
6.3. the user submits information that is true, accurate and current.
Whilst Tradr takes every precaution in the preparation of information that it includes on this website such information is for your general guidance only. You acknowledge that you have not relied on any representation made by Tradr which has not been stated expressly in this Agreement or upon any literature produced by Tradr. Tradr employees or agents are not authorised to make any representations concerning the items presented by sellers on this website unless such representations are confirmed by Tradr in writing.
Tradr does not charge any fee for the listing of an item on this website by a seller, nor does it charge any fee to any buyer for browsing this website. It will charge the seller of an item that has been listed on the website a fee of ten percent (10%) of the sale price of the item sold by the seller to the buyer. For an outline of any fees charged by Tradr please see [link]. These fees are subject to change from time to time and are automatically incorporated into this Agreement. No fee paid to Tradr once paid by the seller in accordance with this Agreement is refundable in any circumstances.
The fee is immediately due and payable by the seller to Tradr upon the sale of any item and Tradr shall be entitled to deduct its fee from the PayPal or other account of the seller prior to transfer of any funds to the nominated account of the seller and without further notice to the seller. The seller must notify Tradr of the shipping of the item and the buyer authorises to the extent necessary that Tradr at such time will pay the seller. It is recommended by Tradr for items being sold over $500.00 that the buyer and seller agree that Tradr will not be notified that the items has been sent to the buyer by the seller until the buyer has notified the seller that the item has been received. If for any reason Tradr does not receive its fee for any item sold by the seller Tradr may set-off such fee against any other money it holds for the seller. Tradr may close a user account and suspend or terminate their use of this website for failure to pay any fee due and payable. No user of the website shall undertake any activity with another user which is designed or results in the avoidance of the payment of the fee to Tradr for an item which has been listed on this website.
All prices referred to on this site are referred to in Australian dollars. Prices include goods and services tax unless otherwise stated. All payments made for a item are to be made using the method prescribed. Australian residents are liable for GST on the items purchased from a seller unless you are able to provide a declaration that you are not in Australia at the time of making the purchase.
A user of this website warrants to Tradr that for any item listed it:
(a) has legal title to the item;
(b) has accurately described the item;
(c) has correctly referred to the price and all shipping or other costs;
(d) has listed all terms of sale of the item;
(e) any notification or advice that it provides to Tradr in relation to the items are true, accurate and correct (including but not limited to the fact of the sending of the item to the buyer);
All users acknowledge that the listing of a item will be limited to a description and photograph of the item. Each user must satisfy themselves that the item listed is to their own satisfaction by interacting with the seller of the item. All sales will be binding on the seller and the buyer. The seller must ship the item to the buyer promptly and at a reasonable cost to the buyer. The seller shall not be obliged to deliver the item if the buyer is unable to be identified or has not paid for the item in a reasonable time.
All users of this website are responsible for their own behaviours including the submission of any data, text or information submitted or uploaded to this website. To the extent necessary a user that submits any data, text or information provides Tradr with a non-exclusive, worldwide, royalty free, irrevocable, sub-licensable, perpetual licence to use such data, text or information on this website. Under no circumstances is any users permitted to include on this website data, text or information which is:
(a) misleading or deceptive;
(b) false or inaccurate;
(c) references a fake, replica or a mislabelled item;
(d) infringes any persons copyright, trademark or other proprietary intellectual property;
(e) defamatory, threatening, unlawful, obscene, intimidates or racially offensive.
No user is permitted to list any item on this website which includes:
(a) Fur products;
(b) Fake or counterfeit products
As a user of this website you must ensure that you keep any password provided to you secure and that you maintain confidentiality of the password. You must immediately notify Tradr if your password has been used without your authority. Tradr shall not be responsible for any failure by a user to keep their password secure.
Tradr reserves to right at its entire discretion to determine whether a user can use this website or continue to use this website and at any time Tradr may cancel unconfirmed or inactive accounts.
You agree that in the event you have any complaint associated with services provided by Tradr that you will comply with the following complaint process:-
17.1. You will contact Tradr forthwith and outline your complaint in writing advising all relevant details.
17.2. You will allow Tradr 30 days in which to respond to your complaint in writing thereafter you will enter into good faith discussions with Tradr to resolve such complaint.
17.3. In the event that a satisfactory resolution to the complaint cannot be achieved you will enter into mediation with Tradr for resolution of the complaint prior to pursuing any legal action to the extent permitted by law.
If a dispute arises between a user and Tradr, including the non-resolution of a complaint as referred to in clause 17.1 you agree that no court proceedings in relation to the dispute will be taken by you unless the following mediation process has been completed:-
18.1. You must advise Tradr of any dispute by written notice adequately identifying and providing details of the dispute, referring to any documentary evidence of the matters claimed in the dispute and designate a representative who has authority to negotiate and settle the dispute.
18.2. Within 28 days after receiving the notice referred to in clause 18.1 Tradr must respond to the notice providing details and referring to any documentary evidence in support and designate a representative who has authority to negotiate and settle the dispute.
18.3. Within 20 days of receiving the notice from Tradr, you and Tradr must negotiate and endeavour to settle the dispute.
18.4. If the dispute is not settled within 30 days of the attempts to negotiate and endeavour to settle the dispute as provided in clause 18.3 an independent mediator with relevant experience of the matter in dispute or failing agreement a person appointed by the President of the Law Society of New South Wales will be appointed to mediate the dispute.
18.5. If within two months after the date of the mediator’s appointment the dispute has not been resolved, either party may by notice in writing terminate the mediation process and seek such remedies as they decide.
18.6. Except in relation to urgent junction relief, you agree that you will not commence court proceedings or arbitration unless you have first complied with the dispute resolution provisions contained in this clause. You agree that this agreement may be pleaded as a bar to any court action commenced prior to the termination of the mediation process.
18.7. In any case, you shall bear your own costs for the mediation and pay one-half of the costs of the mediator.
18.8. You acknowledge any exchange or information or documents of the making or any offer or settlement pursuant to this clause is an attempt to settle the dispute between the parties. Neither you nor Tradr may use any information or documents obtained through the dispute resolution process for any other purpose.
You shall not assign or transfer or purport to assign or transfer this Agreement or the benefits thereof to any other person without the prior written consent of Tradr and payment of any applicable fee.
Tradr shall not be liable for any failure by it to perform this Agreement, or for any loss and damage suffered by you in consequence thereof which failure arises from any cause whatsoever beyond the control of Tradr, including (but not being limited to) computer, communication or network failures, fire or other accident, strikes or other labour disputes, inability of Tradr’s supplier to deliver materials or finished items, any computer virus introduced by a third party to the item supplied by Tradr to you, or any other law, proclamation, regulation or ordinance or any government agency.
This Agreement shall be governed by and construed in accordance with the laws in force in New South Wales and all disputes arising in connection with this Agreement shall be submitted to the jurisdiction of the relevant court of New South Wales. Tradr has no physical presence or permanent establishment in the United States of America or any jurisdiction other than Australia.
This Agreement constitutes the entire agreement of the parties with respect to the subject matter hereof and supersedes all previous written or oral agreement between the parties with respect to such subject matter. No waiver by either party or any breach or default hereunder shall be deemed to be a waiver of any proceeding or subsequent default or breach. Tradr may freely transfer, assign or delegate all or any part of this Agreement and all rights and duties thereunder, without the requirement of consent. This Agreement will be binding upon and inure to the benefits of the heirs, successors and permitted assigns of the parties. Headings and sub-headings are for clarification purposes only and do not form part of these terms and conditions.
Please read this information carefully
The use of this website by you indicates an acceptance of and agreement to be bound by the terms and conditions set out below (referred to as “this Agreement”). If you do not agree with the terms and conditions please do not use this website. Tradr suggest that if you have any queries in relation to these terms and conditions that you seek your own independent legal advice. We reserve the right to make changes to this website and to these terms and conditions at any time. Any such modifications will become effective upon the date they are first posted to the website.
USE OF THIS WEBSITE
Copyright and trademark notice
All screens appearing on this website, including graphics, text elements, site design, logos, images and icons, as well as the selection assembly and arrangements thereof are the sole property of Tradr or used under licence from the owner , unless otherwise specified. All rights not expressly granted herein are reserved. Except as otherwise required by applicable law, any reproduction, distribution, modification, re-transmission or publication of any copyrighted material is strictly prohibited without the express written consent of the copyright owner.
Site Content and Information
This website contains information, advice, text and other materials that are provided for your convenience and enjoyment. You should be aware that the information might contain errors, omissions, inaccuracies or outdated information. Tradr makes no representation or warranties as to the completeness, accuracy, adequacy, currency or reliability of any information and shall not be liable for any lack of the foregoing. Descriptions of, or references to, products or publications within this website does not imply endorsement of that product or publication.
Licence to Use this Website
Tradr grants to you the right to view and use this website in accordance with the Agreement. You may download and print copies of these Terms & Conditions and of screens from this website, subject to applicable law. Tradr reserves the right to suspend or deny, in its sole discretion, your access to all or any portion of this website with or without notice.
Linking to Tradr website
Tradr permits anyone to link to the Tradr website subject to the linker’s compliance with the following terms and conditions. A site that links to this website:
Links to websites
Tradr website provides links to third party websites, which are not under the control of Tradr. Tradr makes no representation about third party websites. When you access a website linked to the Tradr website, you do so at your own risk. Tradr is not responsible for any data, opinions, advice or statements made on third party websites. Tradr provide these links merely as a convenience. The inclusion of such links does not imply that Tradr endorses, recommends or accepts any responsibility for the content of such websites.
You accept all risks and responsibility for losses, damages, costs and other consequences resulting directly or indirectly from using this site and any information or material available from it. To the maximum permitted by law, Tradr excludes all liability to any person arising directly or indirectly from using this site and any information or material available from it.
Your use of the Tradr website is governed by the Privacy Statement set out below:
Please read this information carefully
The use of this website or the submission of an order for Products to Tradr by you indicates an acceptance of and agreement to be bound by the Privacy statement set out below. If you do not agree with the statement please do not use this website and do not submit any orders for Products on this website. Tradr suggests that if you have any queries in relation to the privacy statement that you seek your own independent legal advice. Tradr reserves the right to make changes to this website and to this statement at any time. Any such modifications will become effective upon the date they are first posted to the website.
Privacy Statement for Tradr
Any information that you provide to Tradr will be maintained in accordance with this privacy statement. Please ensure that you read the statement carefully and understand the purposes that information provided to Tradr will be used. Tradr may change this statement from time to time and if so, Tradr will use reasonable efforts to publish any change to its privacy statement.
1. What information does Tradr gather?
Tradr will gather specific information from you including your name and address among other personal data. Information that is essential to the provision of services or products will be designated “as required” in this website. Additional information that would provide Tradr with flexibility in the provision of services and may be used for internal statistic studies and market research is as optional. For example a credit card number is required when ordering a product, whereas a fax number may not be essential but will provide Tradr with another means of communication with you.
The choice of how much personally identifiable information you disclose to Tradr is completely at your discretion. Our fundamental concern is that you control the use of your own personal information. To this end, it is not mandatory for you to answer any questions, although in some circumstances if you choose to not answer questions it may limit the services and products that Tradr is able to offer.
2. How does Tradr use personal information?
In providing personal information to Tradr you are agreeing to allow Tradr, its subsidiaries and its affiliates access to storage of and use of the data in any of the countries where Tradr, its subsidiary and its affiliates do business whether inside or outside of Australia.
Tradr may use the personal information you submit for any purposes related to Tradr’s business, including but not limited to generating statistical studies, conducting market research, improving its products and services, sending new surveys and notifying you of product upgrades and updates, new products, special offers, seminars and conventions and any other changes within Tradr that may affect you.
If you wish to limit the use of your personal information to purposes other than those outlined in these paragraphs you should advise Tradr forthwith in writing.
3. What choices do you have about how your personal information is used and what is Tradr’s commitment to data quality and reliability?
Tradr respects your privacy and realises that not everyone likes to receive special offers or information. If you would like your name deleted from Tradr’s list or if you don’t want to receive Tradr’s email bulletins, please use the contact information below to request that Tradr remove you from its list. Be sure to include your name, postal address, telephone number, information contained in the Tradr mailer and/or other necessary information requested for removal. If you believe that Tradr may not have your correct and current personal information, you may update your information at any time by using the contact information below to inform Tradr of changes in your personal information.
Tradr will use reasonable efforts to honour your requests, but we appreciate your patience in allowing us a reasonable amount of time for processing.
4. Does Tradr share the information that it gathers with third parties?
Tradr shares data with third parties as a value-added service that will assist you in finding products or services which you may not normally come across in daily life. Tradr carefully reviews the materials of third parties and only selects those, which it believes would interest you. However, Tradr does not assume responsibility for any actions of third parties.
Should you decide you would not like your information shared with third parties, please use the contact information below to request that Tradr remove you from its lists. Tradr will use reasonable efforts to honour your requests. Please be aware that Tradr has no control over removing your personal information from the lists of third parties. If you continue to receive materials from third parties after informing Tradr to remove your name, please notify the particular third parties regarding removal of your personal information.
5. Does Tradr share the information that it gathers with government agencies or law enforcement?
Tradr reserves the right to monitor, and disclose to, government officials or law enforcement, without your consent, any communications and personally identifiable information, whenever prompted to do so, by legal authorities, even when you have requested that your information not be disclosed to third parties.
Personal information including your address given in the course of this transaction may be used to determine your liability to Australian Goods and Services Tax (GST).
6. What is Tradr’s commitment to data security?
Tradr recognises your concern for security, and will use reasonable efforts to establish secure connections with you and to limit access to databases containing personal information to authorised personnel only.
Tradr cookies do not contain personally identifying information. Users are free to change their web browsers to prevent the acceptance of cookies.
8. Are there online risks?
You should be aware of the risks when you communicate on public newsgroups and message boards. On these forums, personal information may be collected and used by others outside of Tradr to send unsolicited e-mails or postal mailings. Tradr has no control over these actions. You should not post any information on these forums that you wish to keep private.
9. What are Tradr’s contact procedures?
If you believe Tradr has not adhered to its privacy statement, if you would like to be removed from Tradr’s lists, or if you would like to update your personal information, you may notify Tradr by e-mail. Tradr will use reasonable efforts to promptly resolve any issues.
10. Who can I contact if I have concerns about privacy?
Tradr would welcome comments by you in relation to privacy issues generally, or any privacy issues that concerns you. You may also contact the Privacy Commissioner in Australia if you want to know more about privacy issues.
Their web address is http://www.privacy.gov.au/
Tradr Contact Information
Tradr Pty Ltd referred to herein as “Tradr”
Tradr Pty Ltd ACN # 149 941 953 trading as “Tradr”