Use of the Site by you
You agree to only use the Site for purposes permitted by the Terms of Service. You are responsible for all equipment and software used to access the Site.
You must not:
- use the Site directly or indirectly for any activity which breaches any laws, infringes a third party's rights, is unlawful, or breaches the Terms of Service;
- use the Site directly or indirectly to post or transmit any information or material unlawfully, or which is obscene, indecent, uses offensive language, defames, abuses, harasses, stalks, threatens, menaces, offends or restricts any person, or which prevents any other user from using or enjoying the Site or which is false, misleading or deceptive in any way;
- use the Site directly or indirectly, or use any service provided on the Site, to conduct surveys, contests, pyramid schemes, or send chain letters, junk email or any other duplicative or unsolicited messages (commercial or otherwise);
- attempt to gain unauthorised access to the Site or use another person's name, registration account or password;
- create a false identity for the purpose of misleading others as to the identity of the sender or the origin of a message;
- tamper with, hinder the operation of or make unauthorised modifications to the Site;
- knowingly transmit any virus or other disabling feature to the Site; or
- collect information about others, including email addresses, without their consent.
Disclaimer and limitation of liability
The Site is a platform for advertising only. To the extent permitted by law, Cairns Secondhand Online and its information contributors and associated service providers exclude all warranties, including without limitation, as to the availability, accuracy, completeness, currency or reliability of the information or services, including services of any third party, that are made available via the Site.
Cairns Secondhand Online does not investigate or endorse any dealers or private users who advertise on the Site or any products and/or services offered for sale by them. The availability of information through the Site does not constitute advice about the appropriateness, value or suitability of any service or product, any particular transaction or course of action nor does it constitute any recommendation or endorsement by Cairns Secondhand Online of any service or product or to you to enter into any transaction or follow any course of action. Any decision that you make about any services or products offered through the Site must be based solely on your own evaluation of your circumstances and objectives and of the product and of its true value. Cairns Secondhand Online recommends that you independently verify the accuracy, currency or reliability of any information made available via the Site and upon which you intend to rely.
The Site and information available on it are provided on an "as is" basis. Cairns Secondhand Online makes no warranty that the Site will be free from viruses or any kind of malicious code whatsoever.
Linked Sites
The Site may contain links to external sites. Those sites are not part of the Site and, unless otherwise indicated, are not under Cairns Secondhand Online's control. No link appearing in the Site and no external site linked to the Site is endorsed by Cairns Secondhand Online and no responsibility is taken for material on them. You agree that by accessing any linked site you are doing so at your own risk and you agree to fully indemnify Cairns Secondhand Online against any liability arising out of your accessing any linked site.
Accuracy of Registration Information
When registering on the Site, you must ensure that all information you provide is correct and up-to-date. If you change your details during the period of your membership, you agree to ensure your details are updated.
Listings
All listing fees on this site are for a single for sale item only. If you upload multiple photos or descriptions of an item to this site under a single listing the advertisement will be modified to contain the first listed item only and you will still be charged for the listing.
Username and password
It is your responsibility to keep your login and your password safe and secure. If there is any activity undertaken with your login details then you are responsible. If you think that your details may have been used by someone else then you must notify Cairns Secondhand Online as soon as possible. You must also change your password immediately. You agree to indemnify Cairns Secondhand Online against any and all claims arising out of your failure to maintain the confidentiality of your username and password.
Website Payments
If any credit card payments are made on the Site, those payments are processed by an independent third party service provider. You consent to disclosure of relevant information about you to that provider on a confidential basis. If you wish to obtain further information about the provider, then contact Cairns Secondhand Online in accordance with the Privacy Statement.
To the extent permitted by law, Cairns Secondhand Online excludes all liability in relation to those payments and the services provided by that third party.
Placement and Removal of content on the Site
Cairns Secondhand Online reserves the right to decline to publish, or where already published, to remove any content that Cairns Secondhand Online considers in Cairns Secondhand Online's absolute discretion is inappropriate for the Site for any reason.
As a user you accept that any advertisements that are placed on the Cairns Secondhand Online website from a direct newspaper advertisement will be categorised by Cairns Secondhand Online. Cairns Secondhand Online will not be held liable for incorrect classifications. If you would like to change a classification you can contact Cairns Secondhand Online on info@cairnssecondhandonline.com.au.
When choosing a package to sell your product or service you must ensure that the product or service you are listing is being sold in the correct package. The website will stipulate what products or services can not be sold within a package. If these products or services are found by Cairns Secondhand Online to be in an incorrect package they will be removed.
Prohibited Listings
You acknowledge that this website is not made available for advertisement of the following and hereby warrant that you will not list or enquire about the following.
- Illegal or illicit goods
- Cash
- Cash Vouchers
- Products or services that are prohibited by applicable laws (including but not limited to goods that infringe intellectual property laws of any country, in particular the trademark and copyright laws, and/or the intellectual property rights of a third party)
- Offensive goods (including goods of a defamatory, discriminatory or ethnically objectionable nature)
- Stolen goods
- Goods which have been illegally imported
- Goods which require or involve an illegal import or export in order to complete the transaction
- Wildlife
- Replica and Counterfeit Items
- Stocks and Securities
- Any item which in the reasonable opinion of Cairns Secondhand Online would be offensive, including but not limited to racist and sexist material
- Pornographic material
- Adult services
- Drugs & drug paraphernalia
- Alcohol & tobacco
- Pharmaceuticals & prescribed medications
- Weapons including:
- firearms
- crossbows
- knives
- swords
- Ammunition and associated equipment
- Explosives & fireworks
- Hazardous materials - chemical, biological, radioactive
- Human body parts or remains
- Stuffed animals or animal products, including eggs and ivory
- Radar detectors, radio scanners, jamming devices and prohibited speed measuring or traffic offence articles
- Surveillance equipment
- Satellite or cable TV descramblers
- Magnetic stripe or smart card programming devices
- Vehicle compliance plates
- Items related to an act of crime, including photographs
- Items that are religiously or racially offensive
If these products or services are found by Cairns Secondhand Online to be listed on the Cairns Secondhand Online Site they will be removed at Cairns Secondhand Online's discretion.
Intellectual Property
You acknowledge that copyright, trade marks and all other intellectual property rights ("IP Rights") in the Site and in the software, text, graphics and other material displayed or available through the Site ("Content") belongs to Cairns Secondhand Online or its licensors.
You are provided access to the Site only for your personal use. Subject to applicable laws:
- unauthorised use of the Content is strictly prohibited and may infringe Cairns Secondhand Online's IP Rights in the Content; and
- no Content may be reproduced, published or transmitted in any manner without the prior written consent of Cairns Secondhand Online.
Without limiting the above, and subject to applicable law, you may not without prior written permission from Cairns Secondhand Online:
- archive the Content or any part of it;
- form a database whether electronically or otherwise by systematically downloading or storing all or any of the Content;
- redistribute or republish the Content; or
- link to the Site including (without limitation) linking in any way which:
- frames the Site;
- replicates the Site; or
- misleads any person regarding any association with the Site or any association with Cairns Secondhand Online (whether implicitly or expressly).
The trade marks used on the Site are Cairns Secondhand Online's trade marks or the trade marks of a third party. Nothing on the Site should be construed as granting any licence to use any trade mark without the permission of the owner.
You must not use any of Cairns Secondhand Online's trade marks:
- as or as part of your trade marks;
- in connection with goods or services which are not the goods or services of Cairns Secondhand Online;
- in a manner that may be confusing, misleading or deceptive; or
- in a manner that disparages Cairns Secondhand Online, its information or services or the Site.
Technical Difficulties
You acknowledge that your use of the Site and associated services may be subject to interruption or delay. Due to the nature of the Internet and mobile phone communications, Cairns Secondhand Online and its service providers do not make any warranty that the Site or services will be error free, without interruption or delay or free from defects in design or engineering.
The compatibility of this Site is not guaranteed for all software or hardware of users.
Liability
To the maximum extent permitted by law, you specifically agree to indemnify and hold Cairns Secondhand Online and its affiliates, employees, agents, representatives and third party service providers, harmless from any and all claims and liabilities relating to your use of the Site or its use by any person on your behalf. For the purposes of this paragraph Site includes any linked sites.
Severability
The illegality, invalidity or unenforceability of any part of the Terms of Service will not affect the legality, validity or enforceability of the remainder.
Termination
If Cairns Secondhand Online reasonably believes that you have not complied with these Terms and Conditions your membership may be suspended, limited or cancelled immediately.
Cairns Secondhand Online reserves the right to disable your membership from the Site for any breaches of the Terms of Service without the need to provide reasons.
Law
These Terms of Service are governed by, and construed in accordance with the law in force in Queensland . The parties submit to the non-exclusive jurisdiction of the court exercising jurisdiction in Queensland , and any court that may hear appeals from any of those courts, for any proceedings in connection with these Terms of Service.
