Banned and Restricted Items
Certain items cannot be offered for sale on the Website. These include items where the sale or offering for sale of the items:
- Would be in breach of any law or statute (which includes any regulation or other delegated legislation or any enforceable code of conduct or standard);
- Would infringe a third party’s rights.
Items which cannot be sold or offered for sale by reason of any law or statute include (but are not limited to):
- Firearms and other weapons which requires a licence or other authority to own, keep or use.
- Ammunition, explosive devices or other dangerous items.
- Stolen goods.
- Alcohol, cigarettes and other tobacco products. (Note: Alcohol deemed collectible is acceptable to advertise).
- Illegal drugs or items used in relation to illegal drugs.
- Medical devices the sale or offering for sale of which is prohibited, restricted or controlled.
- Products which are subject to any order of any government department or agency prohibiting their sale or offering for sale (e.g. where a product has been subject to recall or prohibition by the ACCC).
- Medicines or veterinary products the sale or offering for sale would be in breach of any law or statute (e.g. Therapeutic Goods Act or any regulation or order made under the Act).
- Items the making of which is illegal or controlled (e.g. passports, visas).
- Items which cannot be transferred from one person to another (e.g. identity documents).
- Items which are intended for a use which is illegal (e.g. devices used to circumvent computer security systems).
- Replica 'branded' watches, bags, shoes, hats, clothes and other items.
- Private ads for wood heaters, wood stoves and pot belly heaters, whether they are for sale, wanted or free, cannot be advertised.
- Blood, body parts and bodily fluids cannot be advertised
- Tobacco products and similar items
- Adoption and surrogacy ads
- Prostitution or advertisements that offer sexual favours or sexual actions, adverts for massage services must state non sexual service.
- Insects or plants that are restricted or regulated
- Endangered or protected species
Goods which have adult content must comply with legislation, regulations and codes of conduct relating to the content and sale of such goods including:
- Broadcasting Services Amendment (Online Services) Act 1999 (Cth);
- Classification (Publications, Films and Computer Games) Act 1995 (Cth) and the related Guidelines and Code;
- Classification (Publications, Films and Computer Games) Enforcement Act 1995.
Goods which must not be sold or offered for sale or advertised on the Website include, but are not limited to, the following:
- Publications, films, computer games and other material where the content has either been refused classification or given an X18+ classification by the Classification Board. This includes pictures of nudity, real depictions of actual sexual activity, child pornography, depictions of bestiality, material including excessive violence or sexual violence and/or detailed instruction in crime, violence or drug use;
- Publications, films, computer games and other material where the content has not been classified (for example, amateur films or images) but which, if classified, would be prohibited;
- Publications, films, computer games, photographs, objects and other material which are indecent or obscene. If Quokka becomes aware of any Material posted by you on the Website which may be in breach of any law relating to classified or adult content, Quokka will notify the Police or other authority. Such content will not be tolerated on the Website. Your membership will be terminated immediately if you upload any such content.
If Quokka becomes aware of any Material posted by you on the Website which may be in breach of any law relating to classified or adult content, Quokka will notify the Police or other authority. Such content will not be tolerated on the Website. Your membership will be terminated immediately if you upload any such content. Pursuant to the terms and conditions, Quokka is entitled to an indemnity in respect of any loss or damage suffered by Quokka as a result of any Material uploaded on to the Website by you in breach of the above.
Items which cannot be sold because the sale or offering for sale would breach the rights of third parties include (but are not limited to):
- Travel documents.
- Items the sale or offering for sale of which would breach any third party’s intellectual property rights (see the Quokka terms and conditions and the Quokka intellectual property policy).
- Items the sale or offering for sale of which would result in a breach of a contractual obligation owed to another party.
Other items cannot be sold because they involve more than a simple offer and acceptance. Examples include:
- Real estate for sale.
- Businesses for sale.
- Multi-Level Marketing/Pyramid Selling.
Quokka reserves the right to remove items for sale where, in the reasonable opinion of Quokka, the item should not be listed for sale. Quokka accepts no liability and liability is excluded in relation to the sale, offering for sale or purchase of any item which is prohibited pursuant to the above policy. If there are items for sale on the Website which you believe should not be for sale or offered for sale, please contact Quokka.
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