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efrock Terms and Conditions User Agreement
These are the Terms and Conditions for Users of the www.efrock.com.au services (efrock). In this Agreement “Us”, “We, “Our” and “efrock” refers to Dord Pty Ltd as Trustee for the GEM Trust trading as “efrock”. In this Agreement, “User”, “Member”, “You”, and “Your” refers to users of efrock. Table of contents: 1. Fees and Services 1.1 Services 1.2 Fees 2. Bidding, Buying and Selling 3. Listings 4. Confidentiality 5. Intellectual Property 6. Permitted Uses 7. Disclaimer 8. Monitoring 9. Termination 10. Refund Policy 11. Competitions / promotions 12. Stores 13. Prohibited and Restricted items 13.1 Adult Related Items 13.2 Copyright-infringing, Replica and Counterfeit Items 13.3 Downloadable Media 13.4 Police and Emergency Services Related Items 13.5 Stolen Goods 13.6 Tickets Over Face Value 13.7 Used Clothing 14. Functions of efrock 15. Copyright
1. Fees and Services 1.1 Services The use of efrock is the Users acceptance of all terms and conditions. efrock is an interactive Fashion only on-line Auction Venue. We are not Auctioneers rather we publish items submitted by "Users". efrock is not involved in the actual transaction between buyers and Sellers. We have no control or responsibility for the safety, quality or legality of the items advertised. Efrock does not warrant that a Buyer and Seller will complete the transaction. efrock do not own the items listed and cannot transfer ownership from the Seller to the Buyer. The User, after registration will be able to use the services of efrock in accordance with these Terms and Conditions. efrock shall have the absolute discretion to register or deny access to efrock Users at any time without notice. efrock reserves the absolute right to modify or discontinue any feature of efrock including but not limited to content, systems and hours of availability at any time without notice and without any statement of reason. In no event is efrock liable for any loss or damage including indirect or consequential loss or damage. 1.2 Fees At efrock we believe in keeping it simple, with no listing fees (pls note: maximizing listings does incur fees) and a success fee is payable only if your item sells. The fees charged by efrock are dependent on the final sale price of your goods plus any listing upgrades (including store fees). Bidding is free on efrock however you must register and accept the fees you may be charged before you are able to list an item on efrock. Listing fees are non-refundable. Upon sale of an Item, the Seller will be charged a sale fee in accordance with efrock's fee schedule. Please note: our current promotion entitles new efrock users 50% off their first month’s fees. Discount begins on the day the efrock member account is established and runs for 30 days from member account registration.
efrock’s basic fee structure is as follows:
You may upgrade your listings to attract more sales, fees as follows:
You may promote your business or service via text based advertising in our Classified section (Fashion related services category) on efrock. Fees are charged as an amount per duration (in days). These are flat fees, as follows:
Efrock Store fees are as follows:
Invoice notification Payment methods ü PayPal (Visa, MasterCard, Bank Deposit) ü Direct Bank Deposit (Internet transfer) ü Money Order or Cheque
Payment due date Other fee items efrock reserves the right to change the fees charged for any of its services at any time without notice. In the event that efrock introduces a new service, the fees for that service are effective at the launch of the service, unless otherwise stated. Unless otherwise stated all fees will be in $AUS. You are responsible for all fees associated with using the services of efrock.
Adding GST - Where GST is applicable on any items you are selling the advertised price must be inclusive of GST. It cannot be charged to the buyer as an additional cost on top of the sale price or final winning bid amount. 2. Bidding, Buying and Selling The User agrees to comply with all the terms and conditions hereof. Use of efrock is not transferable. Registration and Bidding is free on efrock however you must register before you are able to Bid on or Sell items. If contact is made with a potential buyer of your item through efrock, fees are payable to efrock as provided in these terms. If auctions are closed and sales made personally with other efrock Members, your Membership will be terminated. As a Seller you are obliged to sell the item to the winning Bidder for the price as stated at the end of the Auction. As a Buyer, you must buy the item from the Seller at the price stated at the end of the Auction (if you are the winning Bidder). efrock is not the seller of items and makes no warranty as to the items sold whatsoever, including as to the ownership of, condition of, and fitness for use of items sold. To increase the price that your pre-loved goods could sell for, always where possible include any original packaging, tags, instructions, warranties or warnings. 3. Listings The "free until sold" policy is available to all members of efrock. If upgrades are chosen such as the options detailed in Fees 1.2 then the chosen fees will be applied to your account before the item is sold. Because of the "free until sold" we request that no other websites or URLS, email addresses or phone numbers be contained within your listing. The only website addresses permitted within your listings are those leading to further information on the item you have listed. No links to other external websites that sell the same or similar items or have shopping carts are permitted. If listings are found to have such external links, they will be removed without notice to the member. Listings need to have accurate prices. A greatly reduced price or "free" on your item in an attempt to gather leads is not permitted. These listings will be removed without notice to the member. It is your responsibility to ensure you are legally allowed to sell items you list. This includes but is not limited to ensuring that the item does not breach any copyright, trademarks, registered designs, patents or other intellectual property rights. You must also abide by the following rules: · Prohibited Items must not be listed, please check before listing. Listings fees (if applicable) for any prohibited items listed and removed as violating, will not be refunded. · Linking to Other Web Pages: The naming, promotion of or links to other web sites where products can be purchased is not allowed, with the following exceptions: o Displaying (not linking) your own Web site home page address if you have a link back to www.efrock.com.au from your home page. o You may link to a page that further describes the item you are selling as long as products/services cannot be purchased from that page directly or indirectly. o You may not show your web site address in the item title, subtitle, description, pictures uploaded, payment instructions, postage instruction and refund/return policies. · Categorisation: Items must be accurately represented, described and listed in the most appropriate category. Note: Misuse of this policy will result in your items being removed without a refund and or account suspension without notice to the member. Removal fees of $1 per item will apply to repeat offenders. · Stock: If you drop ship (you do not keep goods in stock, but instead transfer orders to a wholesaler) you must outline the expected time of delivery as well as clearly stating the item will be sent from overseas (if being sent from overseas) in the Postage instructions section. Do not list items that you or your suppliers do not hold in stock. We have this policy to prevent a buyer purchasing an item and then being told that the item is no longer available. · Listing No. Item: Listings not offering an actual item or service for sale cannot be listed under a normal auction sale. For example, listings with the primary purpose of advertising. Please place these listing under our Classified section (Fashion related services category) where you may promote your business or service via text based advertising on efrock. Fees are charged as an amount per duration (in days). These are flat fees, as follows:
· Selling on Multiple Venues: You may not list the exact same item for sale through another venue which offers instant purchase/auction. This is to prevent the possibility of two buyers winning the exact same item. For example: You cannot list your fashion item on efrock and eBay at the same time. Note: This does not apply to an item that you have a sufficient quantity available. · Keyword Spamming: Title "Keyword spamming" (adding brand names or non related keywords to gain attention) to manipulate search results is not allowed. · GST: All prices are to be shown in Australian dollars and all prices are GST inclusive. · Excessive Postage: Postage & handling should include a reasonable cost of actual postage, packaging and handling. Excessive postage charges are strictly prohibited and will result in the cancellation of the sale or account suspension. · As a seller of an item that was successfully sold by auction or “Buy Now”, you are obligated to complete the sale and promptly forward the item to the successful buyer on completion of the transaction. · You cannot refuse to sell an item because the final price is not what you expected. If you want to make sure the final price is not too low, ensure the start price is set to the minimum you would accept. · efrock reserves the right to remove any listings that are in breach of our Terms and Conditions without notice to the member. efrock also reserves the right to remove any listings from the homepage at its sole discretion without notice to the member. Violation of this policy may result in temporary or permanent account suspension without notice to the member. 4. Confidentiality The User is responsible for the confidentiality of his or her User names and Passwords. The User is responsible for any activity in their account. Any suspected fraudulent activity must be reported immediately to info@efrock.com.au . 5. Intellectual Property All intellectual Property including Trademarks, Logos and Domains are the exclusive rights to efrock. The User does not acquire the right to reproduce, distribute or transform any of the intellectual Property. All rights Reserved. 6. Permitted Uses The User shall use the site for Lawful purposes only. Users shall not post any items or material which infringes in any way the rights of others. Users shall not use the site in ways which is invasive of Privacy laws. Therefore the User agrees not to breach any rules of use of the internet or laws applicable to the country the User resides. The User does not have the right to use efrock content without the prior written authorisation of efrock. The User does not have the right to limit or constrain any other User from Using efrock. Users shall not use efrock to advertise any commercial solicitation including but not limited to, the solicitation of Users to become subscribers of other on-line informational services competitive with efrock. Users shall not upload or post any material protected by copyright or trademark without the permission of the owner of the copyright. Any material submitted to efrock by the User automatically grants efrock the non exclusive rights to use and publish the image and information. The User also permits other Users to access, view, store or reproduce the material for the Users personal use. 7. Disclaimer The User agrees that the Use of efrock is entirely at the Users sole risk. Neither efrock, its affiliates nor any of their respective employees, agents, 3rd party providers warrant that efrock will be uninterrupted or free of errors. Although every precaution will be taken to avoid such action. efrock do not make claims to the success, reliability or content of any listing. No guarantees are made to the outcome of each listing, nor are there any warranties on any product sold via efrock. efrock do not own any of the products. It is a separate transaction between the buyer and the Seller. (Users) Users shall indemnify, and shall keep indemnified, efrock from any liability regarding their use of the efrock service. 8. Monitoring efrock have the right, but not the obligation to monitor the content on efrock to determine suitability, satisfy laws and terms and conditions. efrock have the right to edit, refuse or remove any material posted without notice to the member. 9. Termination efrock may immediately terminate this agreement at any time or a Users account in the event of misconduct, unacceptable behaviour or any breach or any agreement without first having to give notice to the member. 10. Refund Policy efrock does not offer any refund on Fees. No guarantees are made to the outcome or success of each listing. There are no warranties given by efrock to any product which is sold via the website. However, there may be a warranty or returns policy offered by the Seller of the goods. Please refer to each individual listing. 11.Competitions / promotions From time to time efrock will run promotions, competitions and incentives. The user agrees that should they win any such prize, they consent that their name to be published on the website as the winner of any such prize. 12.Stores Business listings must have a Store. A business listing is defined by a member with one or more of the following: · Has an independent website in which they also sell their items · Produces personalised / customised products · Manufactures goods - or has goods manufactured · Sells business opportunities 13. Prohibited and Restricted items efrock reserves the right to remove any prohibited and restricted items including those not on this list if they are considered inappropriate, illegal or are in breach of our Terms and Conditions without notice to the member. Listing fees (if applicable) are non-refundable. You are responsible in making sure that you are legally allowed to buy or sell an item. Please find out before listing. The following list is not intended to be an exhaustive statement of prohibited and restricted items. 13.1 Adult Related Items Images or content which is adult or sexual related or inappropriate for people under 18 is not allowed unless. You must not list items that are considered to be indecent by the authorities or illegal to sell in Australia. 13.2 Copyright-infringing, Replica and Counterfeit Items You must not list items or include content which breaches any copyright or other intellectual property rights. Unauthorized replicas and counterfeits are not allowed to be listed on efrock. If you are unsure if an item is genuine, do not list it on efrock. (Any product that bears a trade mark not owned by the manufacturer or used under the trade mark owner's licence, must not be listed.) What is a Counterfeit item? A Counterfeit Item may be referred to as an unauthorised replica of another product (such as counterfeit DVDs, imitation iPods, designer inspired clothing and or other accessories). A counterfeit Item may or may not bear the trade mark of the genuine products. It is not enough to advertise a product as "not" or "similar to" the genuine item, as your purchaser may be misled that it is of the same quality. If you are not certain that the product you are selling is genuine and it is not made or endorsed by that company, do not list it on efrock. I do not understand why this item is considered to be counterfeit? At times it may be difficult to determine why a listing has been removed as counterfeit. Where we have been instructed to remove the listing by the company or individual or their authorised representative that holds intellectual property (IP) rights for that item, the seller will receive a notification email.
13.3 Downloadable Media Items that can be downloaded (digital) can only be listed by sellers that own the intellectual property or are authorised to distribute the intellectual property by the intellectual property owner. 13.4 Police and Emergency Services Related Items You must not list official Police or Emergency services equipment related items on efrock regardless of origin (other countries). For example: badges, uniforms and any official or recent issue equipment. Any Police or Emergency items listed must be obsolete and in no way resemble official or recent issue. You must state this fact in your item description. 13.5 Stolen Goods Goods to which you are not the legal owner or which you are not otherwise legally entitled to sell must not be listed on efrock. 13.6 Tickets Over Face Value efrock does not allow tickets to be re-sold beyond their face value (referred to as ticket scalping). To prevent tickets being sold over their face value they must be listed as "Buy Now Only" (instant purchase, no auction) items with a price below or equal to the face value. 13.7 Used Clothing Clothing that has been used may be listed/sold, however, the garment must be cleaned before sending. Used underwear and swimwear (including children's) and cloth nappies must not be listed on efrock.
14. Functions of efrock · efrock is a venue for members to sell or buy Items. efrock is not an auctioneer and we are not involved in the actual transaction between sellers and buyers. We are merely a passive conduit for the on-line distribution and publication of information about items advertised for sale. As a result, we have no control over and, to the extent permitted by law, make no warranties in relation to, the suitability, quality, safety or legality of any items advertised for sale on efrock, the accuracy or truth of any advertising listings on efrock or the ability of sellers and buyers to actually enforce or complete a transaction. · efrock does not accept responsibility for any loss or damage, however caused (including through negligence) which you may directly or indirectly suffer in connection with you use of the Site, nor does it accept any responsibility for any such loss arising out of your use of or reliance on information contained on or accessed through the Site. · Release of efrock- In case of any dispute between Users or any dispute arising from the use of the Services, efrock shall be released from all liabilities claims, demands and damages (actual and consequential) of every kind and nature, known and unknown, suspected and unsuspected, disclosed and undisclosed, arising out of or in any way connected with such disputes. 15. Copyright Copyright in this Site (including text, graphics, logos, icons, audiovisual material and software) is owned or licensed by efrock. Other than for the purposes of and subject to the conditions described under the Copyright Act 1968 (C'th) and except as expressly authorised by these terms and conditions, you may not in any form or by any means adapt, reproduce, store, distribute, print, display, perform, publish, or create derivative works from, any content of the Site; or commercialise any information, products or services obtained from any part of this Site without efrock's prior written permission.
© Dord Pty Ltd as Trustee for the GEM Trust trading as “efrock”. Trustee for the GEM Trust ABN: 49 356 207 454
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