SELLABLE SERVICES WEBSITE TERMS AND CONDITIONS
Version 1 – May 2016
1. About this website
www.sellable.com, sellable.com.au and all associated pages and sub-domains ("Site") and
the services we advertise on the Site ("Service") are operated and supplied by Sellable
Services Pty Limited (ABN 73 611 351 190) ("Sellable Services").
2. About these terms and conditions
These website terms and conditions ("Terms of Use") and Sellable Services'
Privacy Policy govern your access and use of the Site. You
should read these Terms of Use and the Privacy Policy carefully before using this Site. If you
browse or otherwise access any content or data on the sellable.com.au website or mobile site, you
agree to be bound by these terms.
3. Acceptance of Terms of Use and Privacy Policy
By accessing the Site, you agree to abide and be bound by the Terms of Use and the Privacy Policy.
If you do not agree to the Terms of Use and our Privacy Policy, you must not use this Site.
This Site was prepared for use by Australian users only, and may not satisfy the laws of other
countries. You should not use this Site if you do not reside in Australia.
While we use reasonable endeavours to ensure that the Site is available continuously, Sellable
Services does not make any representations or warranties that your access will be uninterrupted,
timely, secure or error free. Your access to the Site may be suspended without notice in the case of
system failure, maintenance or repair or any reason beyond our control. Sellable Services will
not be liable to any person if for any reason the Site is unavailable at any time or for any
period.
Sellable Services reserves the right to modify the Site and withdraw or amend any description of
Services from time to time, for any reason, and without notice.
You are responsible for making all arrangements necessary for you to have access to this Site. You
are also responsible for ensuring that all persons who access our Site through your internet
connection are aware of the Terms of Use and the Privacy Policy and that they agree to them and
comply with them.
4. Modifications to the Terms of Use
Sellable Services may revise and update these Terms of Use at any time by publishing the new terms
or conditions on the Site. Amendments will become effective immediately upon publication. Your
use of the Site constitutes your acceptance of those terms. Should you object to any of the terms of
use or other notices on the Site, your only remedy is to immediately discontinue your use of the
Site.
5. Modifications to the information
Sellable Services does not warrant the accuracy, adequacy or completeness of material on this Site.
All information may be changed, supplemented, deleted or updated without notice at the sole
discretion of Sellable Services.
6. Age of consent
You must be at least 18 years of age to register on the Site and submit a property for evaluation.
The Services advertised on the Site are only ever available to individuals who can make legally
binding contracts. The Services are not available to persons under the age of 18 years nor any other
person legally prohibited from entering into a binding contract.
7. Copyright
The copyright for the content on this Site is owned or licensed by Sellable Services and is
protected under the Copyright Act 1968 (Cth) and by other copyright laws in both Australia and other
countries. No material on this Site may be reproduced, adapted, uploaded to a third-party, framed,
performed in public, distributed or transmitted in any form by any process without the specific
written consent of Sellable Services.
All logos, custom graphics, icons, and other items that appear on the Site and all associated
trademarks, are trademarks of Sellable Services. Nothing displayed on the Site should be construed
as granting any right of use in relation to any logo or trademark displayed on the Site without the
express written consent of the relevant owner.
8. Sellable Services Privacy Policy
The Privacy Policy governs the use of personal information collected from or provided by you at the
Site. The Privacy Policy is available online.
9. Information collected when you use the Site
When you use the Site, Sellable Services collect certain information. Sellable Services may collect
your computer's IP address, your approximate geographical location, your referral domain name
(for example, .com, .gov, .org, .au, etc), the date and time of your visit, the pages and documents
you access during your visit and the browser and device you are using. Sellable Services' Site
management software may use statistical data to evaluate the effectiveness of our Site.
A cookie is a piece of text which asks permission to be placed on your computer's hard drive.
Once you agree (or your browser agrees automatically if you have set it up in that way), your
browser adds that text in a small file.
Sellable Services may use traffic log cookies to identify which pages are being used.
10. Membership
To access or use certain parts of the Site, you must register as a member of the
Site. Generally, registration is free.
When registering as a member, you must provide Sellable Services with accurate, complete and
up-to-date registration information, as requested. It is your responsibility to inform us of any
changes to your registration information. We will treat your personal information strictly in
accordance with our Privacy Policy.
You must not impersonate or create a membership for any person other than yourself.
You must be either the sole owner, joint owner or have a controlling stake in the property you are
submitting for evaluation.
Sellable Services may, at any time, request that you provide information and/or documentation to
verify your identity. We will always treat your personal information in accordance with our Privacy
Policy. With your consent, we may employ third-party identity verification services to confirm your
details. If you do not consent or we are unable to unambiguously confirm your identity, you may be
ineligible to access the full range of Services available on the Site.
You must ensure the security and confidentiality of your membership details, including any username
and/or password assigned to you. You are wholly responsible for all activities which occur under
your membership details. You must notify Sellable Services immediately if you become aware of any
unauthorised use of your membership details. You must not permit your membership details to be used
by or transferred to any other person.
We reserve the right to, in our sole discretion, suspend or terminate your membership or access to
all or any part of the Site, including if we believe you are abusing the services in any way, have
breached the Terms of Use or are no longer an active member.
11. Feedback, suggestions, comments or requests
Sellable Services welcomes feedback, suggestions, comments or requests ("Comments"),
which can be sent to [email protected] If you do make Comments, you acknowledge that: they
will not be considered confidential or proprietary, and Sellable Services is under no obligation to
keep such information confidential or to respond to any Comments, and Sellable Services will have an
unrestricted, irrevocable, worldwide, royalty free right to use, communicate, reproduce, publish,
display, distribute and exploit such Comments in any manner it chooses, throughout the world in any
medium, whether currently in existence or not.
Sellable Services may, but have no obligation to, monitor, edit or remove content that we determine
in our sole discretion are unlawful, offensive, threatening, libellous, defamatory, pornographic,
obscene or otherwise objectionable or violates any party's intellectual property or these
Terms of Use, including content that racially or religiously vilifies, incites violence or hatred,
or is likely to offend, insult or humiliate others based on race, religion, ethnicity, gender, age,
sexual orientation or any physical or mental disability, exploits another person in any manner, or
poses or creates a privacy or security risk to any person.
You agree that your comments will not violate any right of any third-party, including copyright,
trademark, privacy, personality or other personal or proprietary right. You further agree that your
comments will not contain libellous or otherwise unlawful, abusive or obscene material, or contain
any computer virus or other malware that could in any way affect the operation of the Service or any
related website. You may not use a false email address, pretend to be someone other than yourself,
or otherwise mislead us or third-parties as to the origin of any comments. You are solely
responsible for any comments you make and their accuracy. We take no responsibility and assume no
liability for any comments posted by you or any third-party.
12. Outbound links
The Site may contain links to third-party websites and resources ("Linked Sites"). These
Linked Sites are provided solely as a convenience to you and not as an endorsement by Sellable
Services. Sellable Services makes no representations or warranties regarding the availability,
correctness, accuracy, performance or quality of any Linked Site or any content, software, service
or application found at any Linked Site.
If you contact a third-party using functionality provided on the Site, including via email, we do
not accept any responsibility for any communications or transactions between you and the relevant
third-party.
Sellable Services and its related entities, directors, officers and agents disclaim all liability
and responsibility for any direct or indirect loss or damage which may be suffered by you through
relying on anything contained on or omitted from such third-party websites. You should direct any
concerns to the relevant Linked Site's administrator or webmaster. Sellable Services reserves
the exclusive right, in its sole discretion, to add, change, decline or remove, without notice, any
feature or link to any of the Linked Sites from the Site and/or introduce different features or
links.
13. Editorial content
Any editorial content or articles on the Site are of a general nature only
and do not consider your personal objectives, financial situation or particular needs. Editorial
content should not be regarded as advice or relied upon by you or any other person and we recommend
that you seek professional advice before acting on the content.
14. Disclaimer of warranties
All information provided by Sellable Services on the Site is
provided in good faith. The information contained on the Site is not intended to be a substitute for
professional legal, financial or real estate advice.
Sellable Services makes no representations or warranties about the accuracy, completeness, security
or timeliness of the content, information or Services advertised on the Site and except to the
extent not permitted by law disclaims all warranties, either express or implied, statutory or
otherwise, including but not limited to the implied warranties of merchantability, non-infringement
of third parties' rights, and fitness for a particular purpose.
15. Limitation of liability
To the extent permitted by law, Sellable Services hereby expressly
excludes:
- All conditions, warranties and other terms which might otherwise be implied by statute, common
law or the law of equity.
- Any liability for any direct, indirect or consequential loss or damage incurred by any user of
the Site in connection with the Site or in connection with the use, inability to use, or results
of the use of the Site, any Linked Sites and any materials posted on them, including, without
limitation any liability for either loss of data and/or any other loss or damage of any kind,
however arising and whether caused by tort (including negligence), breach of contract or
otherwise, even if foreseeable.
To the extent that our liability for breach of any implied warranty or condition cannot be excluded
by law, in the case of services supplied or offered by us, our liability will be limited, at our
option, to the re-supply of those services, or the payment of the cost of having those services
re-supplied. In the case of goods supplied or offered by us, our liability will be limited, at our
option, to:
- the replacement of the goods or the supply of equivalent goods;
- the repair of the goods;
- the payment of the cost of having the goods replaced; or
- the payment of the cost of having the goods repaired.
16. Indemnification
You hereby agree to indemnify Sellable Services, its related bodies corporate and clients,
their directors, officers and employees, from and against all actions, claims, suits, demands,
damages, liabilities, costs or expenses, including reasonable legal fees, arising out of, or in any
way connected to your use of the Site; use of the Site by someone using your personal details
(whether or not authorised by the you); or a breach of the Terms of Use either by you or by any
person using your personal details to access parts of the Site (whether or not authorised by you).
Sellable Services disclaims any liability in relation to any failure by you to keep your login or
password details confidential, including the authorised or unauthorised use of those details by a
third party. You must notify Sellable Services immediately if you become aware that the security of
your login and/or password details have been compromised.
17. Termination
Sellable Services may deactivate or delete any account you have on the Site if
the email address you provided to register is or becomes inoperable, or you breach these Terms of
Use.
Sellable Services reserves the right to deactivate your account without notice or cause, at its sole
discretion or for any reason.
18. Viruses, hacking and other offences
You must not misuse the Site by knowingly introducing
viruses, trojans, worms, logic bombs or other material which is malicious or technologically
harmful. You must not attempt to gain unauthorised access to the Site, the server on which the Site
is stored or any server, computer or database connected to the Site. You must note use any device,
software, process or means to interfere or attempt to interfere with the proper working of the Site.
You must not attack the Site via a denial-of-service attack or a distributed denial-of service
attack. If you engage in such conduct, your right to use the Site will cease immediately.
Sellable Services will not be liable for any loss or damage caused by a distributed denial-of-service
attack, viruses or other technologically harmful material that may infect your computer equipment,
computer programs, data or other proprietary material due to use of the Site or as a result of the
downloading of any material posted on it, or on any Linked Site.
In addition, you acknowledge and agree that as a condition of using the Site, you must not:
- make comments or submit any content that is or is considered by Sellable Services to be illegal,
unauthorised, contrary to Sellable Services purpose or contrary to any applicable laws and
regulations, and You agree that Sellable Services may remove any such Content;
- use any automated device, software, process or means to access, retrieve, scrape, or index our
websites or any content on the Site;
- reproduce, republish, retransmit, modify, adapt, distribute, translate, create derivative works
or adaptations of, publicly display, sell, trade, or in any way exploit the Site or any content
on the Site, except as expressly authorised by Sellable Services;
- use any technology or means to access the Site and collect material;
- except to the extent permitted by law, modify, adapt, sublicense, translate, sell, reverse
engineer, decipher, decompile or otherwise disassemble any portion of the Site or cause any
other person to do so;
- mirror or frame any aspect of the Site or page on the Site except as previously agreed by
Sellable Services;
- undertake any action that will impose a burden or make excessive traffic demands on our
infrastructure that we deem, in our sole discretion, to be unreasonable or disproportionate site
usage;
- transmit (or authorise the transmission of) "junk mail", "chain letters",
unsolicited emails, instant messaging, "spimming", or "spamming";
- violate the rights of any person, including copyright, trade secret, privacy right, or any other
intellectual property or proprietary right;
- pose as any person or entity or attempt to solicit money, passwords or personal information from
any person;
- use the Site for any use which is illegal, unauthorised, contrary to Sellable Services'
purpose or contrary to any applicable laws or regulations;
- infringe any third party rights; or
- bypass measures used to prevent or restrict access to the Site.
We reserve the right to exercise whatever means we deem necessary to prevent unauthorised access to
or use of our website, including, but not limited to, instituting technological barriers, or
reporting your conduct to any person or entity.
19. Marketing and electronic communication
When registering, you are required to provide a valid
email address, which Sellable Services may use to communicate directly with you to provide you with
notices, disclosures or other communications relating to the services you have ordered. We may also
send you information about other services offered by Sellable Services, as they relate to products
you have previously purchased. We will not send you promotional materials about third-party products
unless you have explicitly asked us to do so. As required by the Spam Act 2003 (Cth), Sellable
Services will provide a mechanism by which you may ‘opt-out' of the provision of any
such materials by Sellable Services.
You acknowledge and agree that Sellable Services will not be responsible for any damage you incur, or
information you do not receive, as a result of your failure to provide a valid email address.
20. Severability
If any provision contained in these Terms of Use is held by a court or tribunal
having jurisdiction to be unlawful, invalid or unenforceable then the validity and enforceability of
the remaining provisions are not affected.
21. No waiver
No waiver of any term of the Terms of Use shall be deemed a further or continuing
waiver of such term or any other term. Any failure to assert any right under the Terms of Use shall
not constitute a waiver of such right.
22. No merger
The rights and obligations of the parties under these Terms of Use will be
continuing rights, obligations, agreements and covenants, and accordingly will not be merged or
extinguished on termination of these Terms of Use for any reason.
23. Governing law
These Terms of Use are governed by the laws in force in New South Wales,
Australia and you irrevocably and unconditionally submit to the non-exclusive jurisdiction of the
courts of New South Wales, Australia and any courts which may hear appeals from those courts.
