Terms & Conditions
1. Acceptance of Terms
By using the Site or the Service in any way, you agree to comply with these Terms. In addition, when using particular Buy and Sell services, you agree to abide by any applicable posted guidelines for those services, which may change from time to time. Please report any violation of these terms to [email protected] Should you object to any term or condition of these Terms, any guidelines, or any subsequent modifications thereto or become dissatisfied with us in any way, your only recourse is to immediately discontinue use of the Site and the Service. Buy and Sell will not be held be liable for any loss or damage for non-compliance. These Terms may be updated by Buy and Sell.
You understand and agree that you are solely responsible for reviewing these Terms from time to time. Any continued use of the Software or Service by you after such amended Terms have been posted or information regarding such amendment has been sent to you, shall be deemed your consent and agreement to such amended Terms.
You understand and agree that unless expressly stated, Buy and 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 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 and Sell immediately of any unauthorized use of your account.
Buy and 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 Buy and Sell 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 Buy and Sell. Buy and 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 and 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 and Sell shall not be responsible to you in any way. Further, Buy and 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 and 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 and 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 and 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.
No Spam Policy
You understand and agree that sending unsolicited email advertisements to Buy and Sell email addresses or through Buy and 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 and Sell. “Buy and Sell” logos, icons and other marks identifying Buy and Sell services or products are trademarks of Buy and 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 and Sell’s express written authorization.
Dealings with organizations or individuals
Buy and 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 and Sell is not responsible for any damage or loss incurred as a result of any such dealings. Buy and 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 and 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.
Limitation & Termination of Service
You acknowledge and agree that Buy and 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 and 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 and 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 and 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 and 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 and 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
Privacy & Information Disclosure
You further acknowledge that Buy and 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 Buy and Sell, its users or the general public.
All fees non-refundable, in whole or in part, even if the Service is suspended, or cancelled prior to the end of your payments for featured or bump ups ads.
The list below details what can’t be posted on buyandsell.cloud in either offering, free or wanted ads:
- Alcoholic beverages
- Blood, body parts and bodily fluids, or offers of humans for sale, including offers or requests for adoption or surrogacy
- Burglary tools
- Counterfeit products, replicas or knock-off brand name goods
- Electronic surveillance equipment
- Embargoed goods
- Endangered or protected species, or any part of any endangered or protected species
- Prostitution and escort services that offer sex, sexual favours, sexual actions or sexual services in exchange for anything
- Fireworks, destructive devices and explosives
- Government and transit badges, uniforms, IDs, documents and licenses
- Hazardous materials including but not limited to radioactive, toxic and explosive materials
- Identity documents, personal financial records and personal information
- Illegal drugs, controlled substances, substances and items used to manufacture drugs and controlled substances, items designed only to help someone take drugs and drug paraphernalia
- Nitrous oxide products, including but not limited to nitrous oxide canisters, bulbs, nangs and cream chargers
- Illegal items and services, and items which encourage or facilitate illegal activity
- Illegal telecommunication and electronics equipment such as access cards, password sniffers, radar scanners, traffic signal control devices or cable descrambler
- Items issued to any Armed Force that have not been disposed of in accordance with that country’s demilitarization policies
- Lottery tickets, sweepstakes entries and slot machines
- Material, pictures and images that are obscene, pornographic, adult in nature, contain nudity or are harmful to minors
- Material that infringes copyright, including but not limited to software or other digital goods which you are not authorized to sell
- New merchandise or services from network marketing companies, work-from-home, independent franchisees or distributors, or similar representatives
- Personal information or mailing lists. We do not accept the sale of bulk email, Internet Protocol (IP), Instant Messenger (IM), or mailing lists that contain names, addresses, phone numbers, or other personal identifying information. Any tools or software designed predominantly to send unsolicited commercial messages (UCE or “spam”) are also not permitted.
- Selling or offering services for supplements/medicine general or pharmaceutical
- Prescription or non-prescription drugs and devices, drugs that make false or misleading treatment claims, or treatment claims that require therapeutic goods administration “TGA” approval
- Commercial tanning units or commercial tanning services wanted or offered
- Offensive material
- Pesticides or hazardous materials
- Plants and insects that are restricted or regulated
- Recalled items, banned products or products that do not meet the mandatory product safety standards.
- Stocks and other securities including Bitcoins and related mining equipment
- Stolen property
- Tobacco products and related items, including e-cigarettes
- Used cosmetics
- Used or rebuilt batteries or batteries containing mercury
- Weapons and related items (including, but not limited to firearms, firearm accessories, parts and magazines, ammunition, paintball guns, gel blaster guns, BB and pellet guns, spear guns, tear gas, tasers, stun guns, switchblade knives, martial arts weapons, archery and/or bow and arrow equipment)
- Ivory, rhino horn or any animal parts or hunting trophies listed in the CITES 1 guidelines
- Votes in elections administered by the Australian Electoral Commission or state-based Electoral Commission
- Census or other survey papers issued by the Australian Bureau of Statistic
- It is the responsibility of the advertiser before posting an ad on buyandsell.cloud that content advertised adheres to the applicable laws.