Supplementary Terms – Classifieds

1. Supplementary terms

These terms and conditions (Classifieds Terms) apply in addition to, and form part of, our General Terms of Use. If there is any inconsistency between our General Terms of Use and these Classifieds Terms, these Classifieds Terms will prevail to the extent of the inconsistency. Capitalised terms which are defined in our General Terms of Use have the same meaning in these Classifieds Terms.

2. Classified Rules

The classifieds section of our Site is a public notice board (Classifieds) through which users (Ad posters) may post classified advertisements (Ads) for reviewing by other users (Ad viewers).

We may, from time to time, publish rules and policies on our Site relating to the use of Classifieds which may include a Content removal policy (Classifieds Rules). You must comply with our Classifieds Rules when accessing or using Classifieds. We reserve the right, at any time in our sole absolute discretion, to:

1. remove any Content which is illegal, defamatory, obscene, inappropriate, or offensive from Classifieds without prior notice to you;
2. where you breach the Classifieds Rules or our Terms, withdraw and remove your access to Classifieds without prior notice; and/or
3. take any action against any user for breaching the Classifieds Rules which we consider appropriate.

3. Our Role

By accessing Classifieds, you acknowledge and agree that, as a platform provider:

1. we are not party to any transaction arising in relation to an Ad which is solely between the Ad poster and the Ad viewer; and
2. while we will use our reasonable endeavours to assist our users to resolve any disputes relating to Ads posted in Classifieds, such disputes are between Ad posters and Ad viewers.

4. Acknowledgements

By using Classifieds, you acknowledge and agree as follows:

1. you have read, understood, and agree to our General Terms of Use and these Classifieds Terms;
2. no Ad posted on Classifieds has our endorsement, nor has it been vetted or reviewed by us (whether from a legal or financial perspective, or otherwise) prior to being posted;
3. all statements, suggestions, recommendations, and other Content contained in any Ad posted on Classifieds are made solely by the Ad poster; and
4. before acting on an Ad, or making any legal, financial, or other decision, you will seek independent legal, accounting, tax, financial, business, technical and other professional advice from appropriately qualified professional advisors.

5. Posting an Ad

5.1 Fees

Please refer to our Pricing page for our current fee structure for Classifieds. We reserve the right to vary our fees at any time without prior notice to you.

5.2 Acknowledgements

By posting an Ad on Classifieds, you acknowledge and agree as follows:

1. you are solely responsible and legally liable for the Content of your Ads;
2. you will comply with all applicable laws and regulations in your jurisdiction and the jurisdiction of any Ad viewer who contacts you through your Ad, including but not limited to, those relating to:
  - corporate fundraising restrictions, including disclosure requirements;
  - other public fundraising, including charitable fundraising (such as licensing requirements);
  - securities, including shares and interests in managed investment schemes, managed funds, and pooled or collective investments;
  - financial services and financial products, including licensing and disclosure requirements;
  - fair trading and anti-competition (also known as anti-trust), including the Australian Consumer Law and similar consumer protection laws in other jurisdictions;
  - privacy and data security; and
  - foreign investment or ownership restrictions, including restrictions relating to real estate and business investments;
3. you will seek legal advice from an appropriately qualified professional advisor in your jurisdiction and the jurisdiction of any Ad viewer who contacts you through your Ad.

5.3 Ad Content

Without limiting our Classifieds Rules (if any), you acknowledge and agree that Ads must not contain Content which is:

1. advice of any kind, whether legal, financial, or otherwise;
2. personal information, personal data, or confidential information of any person who has not given their consent to such information being posted in an Ad;
3. illegal, defamatory, obscene, inappropriate, or offensive;
4. misleading, deceptive, dishonest, or fraudulent; or
5. plagiarised, or otherwise infringes on the copyright or intellectual property rights of any person.

6. Deleting an Ad

You may delete or remove any Ad posted by you from Classifieds at any time by using the delete facility on our Site.

Deletion of an Ad is permanent and irreversible. We delete all Ad Content from our systems once an Ad is deleted. We are not able to recover deleted Ads.

7. Disclaimer

CLASSIFIEDS IS AN OPEN PLATFORM FOR ALL OF OUR USERS TO FREELY POST ADS. NOTWITHSTANDING THAT WE MAY ADOPT CLASSIFIEDS RULES, OR MODERATE THE CONTENT OF CLASSIFIEDS, IT IS NOT POSSIBLE FOR US TO REVIEW EVERY AD POSTED. AS SUCH, WE ACCEPT NO LIABILITY WHATSOEVER IN RELATION TO ANY ADS POSTED ON CLASSIFIEDS. ALL USERS ACCESS CLASSIFIEDS AT THEIR OWN RISK AND EXPENSE.

8. Indemnity and Release

8.1 Indemnity

TO THE GREATEST EXTENT PERMITTED BY LAW, YOU WILL AT ALL TIMES INDEMNIFY AND KEEP INDEMNIFIED US AND OUR RESPECTIVE OFFICERS, EMPLOYEES, CONTRACTORS, AGENTS AND REPRESENTATIVES FROM AND AGAINST ANY AND ALL LOSS (AS THAT TERM IS DEFINED IN THESE TERMS) (INCLUDING LEGAL COSTS AND EXPENSES ON A SOLICITOR/ATTORNEY AND OWN CLIENT BASIS) INCURRED BY ANY OF THOSE INDEMNIFIED ARISING FROM ANY ACTION, CLAIM, DEMAND, SUIT, OR PROCEEDING MADE OR BROUGHT BY ANY PERSON AGAINST ANY OF THOSE INDEMNIFIED WHERE SUCH LOSS AROSE OUT OF, IN CONNECTION WITH, OR IN RESPECT OF:

1. ANY COMMUNICATIONS, DEALINGS, OR TRANSACTIONS BETWEEN YOU AND ANY OTHER PERSON ARISING IN RELATION TO, OR AS A CONSEQUENCE OF, ANY AD POSTED ON CLASSIFIEDS BY ANY PERSON; AND
2. YOUR FAILURE TO OBTAIN INDEPENDENT LEGAL, ACCOUNTING, TAX, FINANCIAL, BUSINESS, TECHNICAL AND OTHER PROFESSIONAL ADVICE FROM APPROPRIATELY QUALIFIED PROFESSIONAL ADVISORS PRIOR TO MAKING ANY LEGAL, FINANCIAL, OR OTHER DECISION.

8.2 Release

YOU RELEASE US AND OUR RESPECTIVE OFFICERS, EMPLOYEES, CONTRACTORS, AGENTS AND REPRESENTATIVES FROM ALL LIABILITY IN RELATION TO THE FOLLOWING MATTERS:

1. ANY COMMUNICATIONS, DEALINGS, OR TRANSACTIONS BETWEEN YOU AND ANY OTHER PERSON ARISING IN RELATION TO, OR AS A CONSEQUENCE OF, ANY AD POSTED ON CLASSIFIEDS BY ANY PERSON; AND
2. YOUR FAILURE TO OBTAIN INDEPENDENT LEGAL, ACCOUNTING, TAX, FINANCIAL, BUSINESS, TECHNICAL AND OTHER PROFESSIONAL ADVICE FROM APPROPRIATELY QUALIFIED PROFESSIONAL ADVISORS PRIOR TO MAKING ANY LEGAL, FINANCIAL, OR OTHER DECISION.