Terms Of Use

User Agreement

Set out below are the terms and conditions on which you agree to sell, buy or swap for items on the Website. You cannot participate in the activities of the Website unless you complete registration in full. By registering to participate in the activities of the Website, you accept these terms and conditions. You acknowledge that these terms and conditions constitute a legally enforceable contract between Quokka and you and in relation to any agreement for the sale and purchase of items on the Website by you. If you do not accept these terms and conditions, you must not register or participate in the activities of the Website.

Introduction

  • By accepting these terms and conditions you agree that:
    • There is a legally enforceable contract between you and Quokka relating to your participation in the activities of the Website.
    • By offering goods for sale through the Website, a legally enforceable contract for the sale of goods will be created between you and the Buyer.
  • Quokka is not acting as:
    • your agent in connection with the sale or purchase of goods through the Website; or.
    • the agent of any Seller or Buyer.
  • Quokka takes no responsibility for enforcing any agreement entered into by you and any Seller or Buyer. Quokka will not become involved in any dispute between you and any Seller or Buyer.
  • You acknowledge and agree that you will perform any legally enforceable contract entered into between you as Seller or Buyer and any other Seller or Buyer.

Definitions

  • The following words and phrases have the meanings given to them in these terms and conditions.
    • Quokka means West Australian Newspapers Limited (ACN 008 667 632) trading as Quokka.
    • Website means the website having the domain name www.Quokka.com.au or such other domain name as may be advised by Quokka in the future.
    • You means the person who is registering as a member under these terms and conditions.
    • Seller means any person who offers goods for sale on the Website.
    • Buyer means any person who agrees to purchase goods for sale on the website.
    • Copyright Act means the Australian Copyright Act 1968 (Cth).
    • Material means any material posted by you on the Website including any description of goods, blog, comment, written material [others] or other subject matter posted by you on the Website.
  • Where appropriate, words and phrases used in these terms and conditions have the meanings given to them in the Copyright Act. For example, communicate means make available online or electronically transmit, etc as set out in section 10 of the Copyright Act.

Your registration

  • On registering to use the Website, you warrant and represent that
    • The information you provide to Quokka is true, complete, accurate and up to date.
    • You are at least 18 years old and resident in Australia.
  • You must not:
    • Register if you are less than 18 years old or resident outside Australia.
    • Allow any other person to sell for or accept any goods using your registration.
    • Divulge your password or other registration information to any other person.
  • You must immediately notify Quokka of any breach of security or unauthorized use of your registration. You are responsible for all Material placed on the Website using your registration and will indemnify Quokka for any loss or damage suffered as a result of such Material.
  • Quokka may at any time terminate or suspend your registration at its absolute discretion.

Fees and Payments

  • All charges and fees are in Australian dollars, inclusive of GST.
  • Quokka may change the fees payable at any time by giving 14 days’ notice to members, via a prominent notice on our website.

Warranties

  • In selling or offering to sell goods on the Website, the Seller warrants that:
    • The Seller is entitled to sell the goods.
    • The Seller will deliver the goods to the Buyer subject to the terms of sale specified by the Seller when offering the goods for sale on the Website.
    • The goods are of merchantable quality (except where otherwise described by the Seller).
    • The goods are fit for their intended purpose (except where otherwise described by the Seller).
    • The goods will conform to the description of the goods posted on the Website by the Seller.
  • You acknowledge that the above warranties are given by the Seller or Buyer and not by Quokka. Quokka does not give any such warranties.

Copyright

  • You acknowledge that all content placed on the Website is subject to Australian and international copyright laws.
  • You must not reproduce, communicate or do any other act in relation to any work or other subject matter on the Website which would result in an infringement of copyright. Without limiting the above, you must not (except where expressly permitted by these terms and conditions):
    • Copy or publish any content or work or other subject matter contributed by any other person.
    • Download any content or work or other subject matter.
    • Send a copy of any content or work or other subject matter to any other person.
    • Communicate any content or work or other subject matter contributed by any other person.
    • Sell, let or hire, or offer for sale, let or hire, or distribute any article which is an infringing copy of any content or work or other subject matter contributed by any other person.
  • You may store and display content on your own computer and make a single hard copy for your own personal use. By placing Material on the Website, you grant a licence to other members to store and display your Material on the member's computer and to make a single hard copy for the member's own personal use.
  • You may forward details of goods for sale on the Website as permitted by the Website.
  • In relation to your Material, you acknowledge and agree that all Material contributed by you must not infringe the copyright or other intellectual property rights of any other person. You must not contribute Material which will result in an infringement of copyright or other intellectual property rights.
  • You warrant and represent to Quokka that:
    • Subject to (c) below, you are the sole owner of copyright in all Material posted on the Website.
    • Subject to (c) below, you are the sole author of all Material posted on the Website.
    • Where the Material is a work of joint authorship and\or there are joint owners of copyright, you are a joint author and\or joint owner of copyright and all other joint authors and joint owners of copyright have agreed to you making the Material available on the Website;
    • The making of any Material and its inclusion on the Website will not infringe the copyright or other intellectual property rights of any other person.
    • You have not granted any licence to or entered into any agreement with any other person in relation to any Material which is inconsistent with the making of the Material or its inclusion on the Website.
    • You have not entered into any agreement with any other person which is inconsistent with these terms and conditions.
    • Subject to (h), you are entitled to be named as the author of any Material and you being named as author will not infringe the moral rights or any other rights of any other person.
    • Where the Material is a work of joint authorship, you are entitled to be named as a joint author of the Material and you have identified all other joint authors and the moral rights of any other person are not infringed.

Warranties

  • By making Material available on the Website, you grant to Quokka a worldwide, perpetual, transferable, non-exclusive, royalty free licence to include the Material on the Website and to permit users of the Website to view the Material on the Website and to copy the Material as permitted by these terms and conditions.
  • You may at any time request Quokka to remove any Material made by you from the Website (subject to the provisions dealing with the withdrawal of goods for sale) and Quokka will comply with such a request within a reasonable period.

Intellectual property

  • Quokka retains all intellectual property rights in relation to the Website including the content of the Website provided by Quokka and all trade marks, domain names and indicia used in relation to the Website. You must not use any trade mark, domain name or name or indicia belonging to Quokka.
  • You must not sell or attempt to sell any goods on the Website where the sale or offering for sale of such goods will infringe the intellectual property rights of any person. Without limiting the foregoing, you must not sell or attempt to sell:
    • Counterfeit goods or goods which bear a trade mark which has been applied to the goods without the licence or consent of the owner of the trade mark.
    • Goods which have been made in infringement of any patent, design right, copyright or any other intellectual property right.
  • You must not sell or attempt to sell any goods by using a trade mark to which the goods are not entitled.

Restrictions on goods

  • You must not sell or attempt to sell any goods on the Website which are prohibited goods.
  • Any attempted sale of prohibited goods, whether pursuant to a completed sale, is ineffective and does not create a contract between the purported Seller and Buyer.

Restrictions on Material

  • You must not post or attempt to post any Material on the Website which contains any material or content which:
    • is defamatory;
    • is abusive, threatening or offensive;
    • is obscene or which would not be considered appropriate for a website which is freely available to all internet users including children;
    • is discriminatory or offensive in terms of race, gender, sexual preference, religious views or otherwise;
    • is maliciously false or which falsely denigrates any person, product or services;
    • breaches any obligation of confidence owed to any person;
    • is misleading or deceptive;
    • involves the use of a trade mark, name or indicia which is not owned by you;
    • amounts to harassment, stalking or similar conduct;
    • would result in a contempt of court, or breach of a suppression or other court order limiting the publication of information relating to court proceedings;
    • involves the sale or promotion of commercial products, surveys, contests or advertising;
    • is otherwise unlawful or which may give rise to legal action against you.
  • In using the Website, you must not:
    • attempt to impersonate any person;
    • state or imply that you represent any person, company or other entity when this is not the case;
    • attempt to alter or edit any material or content posted by another person or other content of the Website;
    • engage in spamming or other conduct involving the sending of unsolicited emails;
    • solicit for business by placing advertising or other Material or other content on the Website (except where expressly permitted by Quokka);
    • do anything which affects the functioning of the Website or any other website, including the use of viruses, Trojan horses or other means of analyzing, interrupting or adversely affecting the functionality of the Website or any other website;
    • use any automated system (including those known as a site crawler, spider or robot) to access or analyze any information or content of the Website;
    • engage in the activity known as hacking or otherwise attempt to access restricted areas of the Website or other computer systems though the Website;
    • attempt to access any person's personal information held by Quokka;
    • attempt to disable, circumvent or otherwise interfere with the security features of the Website;
    • place any link on the Website or other means by which users of the Website can access other websites;
    • place any advertisement or unauthorised material on the Website.
  • You acknowledge that the material placed on the Website is contributed by users and that the opinions, views, advice and statements made in such material are not made or provided by Quokka. Quokka is not responsible for such material or any reliance on such material by you.

Monitoring and removal of material

  • You acknowledge and agree that Quokka may at any time and at its absolute discretion remove any Material from the Website and without giving any reason for its removal.
  • You acknowledge that Quokka is entitled to monitor all Material and to disclose information, including personal information, to appropriate government and other agencies where required or where it is otherwise reasonable or appropriate for such information to be disclosed (subject to Quokka's legal obligations under privacy and other laws).
  • Quokka may at any time and at its absolute discretion discontinue the Website or any part of it.

Privacy

  • You consent to Quokka holding and using your personal information for the purpose of your use of the Website. Such personal information will be held and used subject to Quokka's privacy policy.

Indemnity

  • You consent to Quokka holding and using your personal information for the purpose of your use of the Website. Such personal information will be held and used subject to Quokka's privacy policy.
  • You will indemnify Quokka and keep Quokka indemnified against any loss or damage suffered by Quokka (including any legal costs incurred) which arises out of circumstances where you are in breach of any of these terms and conditions, including (without limitation) where a claim is brought against Quokka by any other person as a result of any Material placed by you on the Website or any use of the Website by you.
  • Without limiting the above, you will indemnify Quokka and keep Quokka indemnified against any loss or damage suffered by Quokka (including any legal costs incurred) arising out of any claim alleging that:
    • Any Material made by you infringes the copyright or other intellectual property rights of any other person;
    • Any Material made by you contains material or content which is prohibited pursuant to clauses X and Y of these terms and conditions.

No Warranties

  • Quokka gives no warranties and makes no representations regarding the Website or the contents or availability of the Website or any of the materials to or other material contained on the Website. Except to the extent that any law or statute prohibits the exclusion of any condition or warranty, all other conditions or warranties are excluded. All implied terms, conditions and warranties in any Sale of Goods legislation are excluded.
  • Quokka's liability and your sole remedy for breach of any express warranty, or warranty or right implied or conferred by law, is limited to, at Quokka's option, one or more of: In the case of any goods:
  • Without limiting the above, you will indemnify Quokka and keep Quokka indemnified against any loss or damage suffered by Quokka (including any legal costs incurred) arising out of any claim alleging that:
    • replacement of the goods or supply of equivalent goods;
    • correction or repair of the goods;
    • payment of the cost of replacing the goods or acquiring equivalent goods;
    • payment of the cost of repairing or correcting the goods. In the case of any services;
    • supplying the services again;
    • payment of the cost of having the services supplied again;

Liability

  • Except as expressly provided elsewhere in this agreement, Quokka will be under no liability to you and liability is excluded (whether for breach of contract, negligence or otherwise) in respect of any loss or damage which may be suffered or incurred by you in relation to the inclusion of your Material on the Website or use of the Website.
  • Without limiting the generality of clause 56 above, Quokka will be under no liability to you and liability is excluded (whether for breach of contract, negligence or otherwise) for any special, incidental, indirect, or consequential damages whatsoever (including, without limitation, damages for loss of business or profits, loss resulting from business interruption, loss of business information, loss resulting form any claim by any third party or any other pecuniary loss) arising out of the inclusion of your Material on the Website or your use of the Website, even if Quokka has been advised of the possibility of such damages.
  • You acknowledge that the websites of third parties may be accessed through the Website and that Quokka has no control over such third party websites. Quokka will be under no liability to you and liability is excluded (whether for breach of contract, negligence or otherwise) in respect of any loss or damage which may be suffered or incurred by you in relation to any website accessed through the Website.
  • You acknowledge that the content and material posted by third parties on the Website are made pursuant to these terms and conditions but that Quokka is not responsible for such content or material. Quokka will be under no liability to you and liability is excluded (whether for breach of contract, negligence or otherwise) in respect of any loss or damage suffered by you as a result of any criticism, comment or other content of any third party material which are made in relation to your Material or which are otherwise posted on the Website.
  • You acknowledge that your Material will be made available on the Website and that there is a risk that other persons may attempt to copy your Material. While Quokka takes reasonable steps to prevent such copying, Quokka cannot guarantee that your Material will not be copied. Quokka will be under no liability to you and liability is excluded (whether for breach of contract, negligence or otherwise) in respect of any loss or damage suffered by you as a result of any copying of your Material by any other person.

General

  • If any these terms and conditions are found to be invalid or unenforceable, the balance of this agreement shall remain in full force and effect as if such terms had not been included in this agreement.
  • These terms and conditions are governed by and construed in accordance with the laws of Western Australia. The parties consent to the exclusive jurisdiction of the courts of Western Australia. You acknowledge that the Website is a passive website and that your use of the Website does not give rise to jurisdiction in relation to any matter outside Western Australia.
  • Quokka may amend these terms and conditions from time to time by notice on the Website and such amended terms and conditions will apply to any future sale of items on the Website or Material posted by you on the Website from the date of such notice.
  • Please note that all ads placed online may appear in the Quokka newspaper from time to time. To comply with the newspapers listing policy and procedures your advertisement may be summarised or altered to comply. All endevours will be made to eliminate errors and omissions.
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