Terms of Use

Buildingbargains.com.au Terms of Use – Effective November 1st 2010

Introduction. Welcome to www.buildingbargains.com.au (“Buildingbargains.com.au”). By accessing Buildingbargains.com.au you are agreeing to the following terms, which are designed to make sure that Buildingbargains.com.au works for everyone. Buildingbargains.com.au is provided to you by The Building Bargains Group Pty Ltd, care of Suite 4, 10 O’Connell Street (Cnr 29 Hunter Street), PARRAMATTA, NSW 2150 (registered address), also referred to below as “Buildingbargains.com.au”. This policy is effective November 1st 2010.

Using Buildingbargains.com.au. As a condition of your use of Buildingbargains.com.au you agree that you will not:

• violate any laws;
• violate the Posting Rules;
• post any threatening, abusive, defamatory, obscene or indecent material;
• be false or misleading;
• infringe any third-party right;
• distribute or contain spam, chain letters, or pyramid schemes;
• distribute viruses or any other technologies that may harm Buildingbargains.com.au or the interests or property of Buildingbargains.com.au users;
• impose an unreasonable load on our infrastructure or interfere with the proper working of Buildingbargains.com.au;
• copy, modify, or distribute any other person’s content without their consent;
• use any robot spider, scraper or other automated means to access Buildingbargains.com.au and collect content for any purpose without our express written permission;
• harvest or otherwise collect information about others, including email addresses, without their consent;
• bypass measures used to prevent or restrict access to Buildingbargains.com.au.

You are solely responsible for all information that you submit to Buildingbargains.com.au and any consequences that may result from your post. We reserve the right at our discretion to refuse or delete content that we believe is inappropriate or breaching the above terms. We also reserve the right at our discretion to restrict a user’s usage of the site either temporarily or permanently, or refuse a user’s registration.

Abusing Buildingbargains.com.au. Buildingbargains.com.au and the Buildingbargains.com.au community work together to keep the site working properly and the community safe. Please report problems, offensive content and policy breaches to us.

Without limiting other remedies, we may issue warnings, limit or terminate our service, remove hosted content and take technical and legal steps to keep users off Buildingbargains.com.au if we think that they are creating problems or acting inconsistently with the letter or spirit of our policies. However, whether we decide to take any of these steps, remove hosted content or keep a user off Buildingbargains.com.au or not, we do not accept any liability for monitoring Buildingbargains.com.au or for unauthorized or unlawful content on Buildingbargains.com.au or use of Buildingbargains.com.au by users.

Fees and Services. Our fees are quoted in Australian Dollars, and we may change them from time to time. We’ll notify you of changes to our fee policy by posting such changes on the site. We may choose to temporarily change our fees for promotional events or new services; these changes are effective when we announce the promotional event or new service.

Our fees are non-refundable, and you are responsible for paying them when they’re due. If you don’t, we may limit your ability to use the services. If your payment method fails or your account is past due, we may collect fees owed using other collection mechanisms.

Content. Buildingbargains.com.au contains content from us, you, and other users. Buildingbargains.com.au is protected by copyright laws and international treaties. Content displayed on or via Buildingbargains.com.au is protected as a collective work and/or compilation, pursuant to copyrights laws and international conventions. You agree not to copy, distribute or modify content from Buildingbargains.com.au without our express written consent. You may not disassemble or decompile, reverse engineer or otherwise attempt to discover any source code contained in Buildingbargains.com.au. Without limiting the foregoing, you agree not to reproduce, copy, sell, resell, or exploit for any purposes any aspect of Buildingbargains.com.au (other than your own content). When you give us content, you are granting us and representing that you have the right to grant us, a non-exclusive, worldwide, perpetual, irrevocable, royalty-free, sub-licensable right to exercise the copyright, publicity, and database rights to that content.

Infringement. Do not post content that infringes the rights of third parties, This includes, but is not limited to, content that infringes on intellectual property rights such as copyright and trademark (e.g. offering counterfeit items for sale). Entitled parties, in particular the owners of copyright, trademark rights or other rights owned by third parties can report any offers which many infringe on their rights, and submit a request for this offer to be removed. If a legal representative of the entitled party reports this to us in the correct manner, products infringing on the intellectual property rights will be removed by Buildingbargains.com.au.

Liability. Nothing in these terms shall limit our liability for fraudulent misrepresentation, for death or personal injury resulting from our negligence or the negligence of our agents or employees. You agree not to hold us responsible for things other users post or do.

We do not review users’ postings and are not involved in the actual transactions between users. As most of the content on Buildingbargains.com.au comes from other users, we do not guarantee the accuracy of postings or user communications or the quality, safety, or legality of what’s offered.

In no event do we accept liability of any description for the posting of any unlawful, threatening, abusive, defamatory, obscene or indecent information, or material of any kind which violates or infringes upon the rights of any other person, including without limitation any transmissions constituting or encouraging conduct that would constitute a criminal offence, give rise to civil liability or otherwise violate any applicable law.

We cannot guarantee continuous, error-free or secure access to our services or that defects in the service will be corrected. While we will use reasonable efforts to maintain an uninterrupted service, we cannot guarantee this and we do not give any promises or warranties (whether express or implied) about the availability of our services.

Accordingly, to the extent legally permitted we expressly disclaim all warranties, representations and conditions, express or implied, including those of quality, merchantability, merchantable quality, durability, fitness for a particular purpose and those arising by statute. We are not liable for any loss, whether of money (including profit), goodwill, or reputation, or any special, indirect, or consequential damages arising out of your use of Buildingbargains.com.au, even if you advise us or we could reasonably foresee the possibility of any such damage occurring. Some jurisdictions do not allow the disclaimer of warranties or exclusion of damages, so such disclaimers and exclusions may not apply to you.

Despite the previous paragraph, if we are found to be liable, our liability to you or any third party (whether in contract, tort, negligence, strict liability in tort, by statute or otherwise) is limited to the greater of (a) the total fees you pay to us in the 12 months prior to the action giving rise to liability, and (b) 100 Australian Dollars.

Personal Information. By using Buildingbargains.com.au, you agree to the collection, transfer, storage and use of your personal information by Buildingbargains.com.au on our servers as further described in our Privacy Policy. You also agree to receive marketing communications from us unless you tell us that you prefer not receive such communications. For more information on Privacy please see http://www.buildingbargains.com.au/privacy.html or contact us via email at support@buildingbargains.com.au

Resolution of disputes

If a dispute arises between you and Buildingbargains.com.au, we strongly encourage you to first contact us directly to seek a resolution by contacting us directly. We will consider reasonable requests to resolve the dispute through alternative dispute resolution procedures, such as mediation or arbitration, as alternatives to litigation.

General. These terms and the other policies posted on Buildingbargains.com.au constitute the entire agreement between Buildingbargains.com.au and you, superseding any prior agreements.

To the extent permitted by applicable law, this Agreement shall be governed and construed in all respects by the laws of Australia. You agree that any claim or dispute you may have against The Building Bargains Group must be resolved by the courts of Australia. You and Buildingbargains.com.au both agree to submit to the exclusive jurisdiction of the Australian Courts.

If we don’t enforce any particular provision, we are not waiving our right to do so later. If a court strikes down any of these terms, the remaining terms will survive. We may automatically assign this agreement in our sole discretion in accordance with the notice provision below.

Except for notices relating to illegal or infringing content, your notices to us must be sent by registered mail to Suite 4, 10 O’Connell Street (Cnr 29 Hunter Street), PARRAMATTA, NSW 2150. We will send notices to you via the email address you provide, or by registered mail. Notices sent by registered mail will be deemed received five days following the date of mailing.

We may update this agreement at any time, with updates taking effect when you next post or 30 days after we post the updated policy on the site, whichever is sooner. No other amendment to this agreement will be effective unless made in writing, signed by users and by us.

What cannot be posted

Buildingbargains.com.au is primarily a tool for buying and selling excess, recycled and second-hand building materials. Only products that relate to this industry are to be posted and anything that is deemed not related will be removed. Other items that cannot be listed are as follows:

1. Alcoholic Beverages
2. Blood, Bodily Fluids and Body Parts
3. Burglary Tools
4. Counterfeit Products, replicas or knock-off brand name goods
5. Electronic Surveillance Equipment
6. Embargoed Goods
7. Endangered or protected species, or any part of any endangered or protected species
8. Escort services that offer or indicate sexual services
9. Fireworks, Destructive Devices and Explosives
10. Government and Transit Badges, Uniforms, IDs, Documents and Licenses
11. Hazardous Materials including but not limited to radioactive, toxic and explosive materials
12. Identity Documents, Personal Financial Records & Personal Information
13. Illegal Drugs, controlled substances, substances and items used to manufacture controlled substances and drugs, & drug paraphernalia
14. Illegal items and services
15. Illegal telecommunication and electronics equipment such as access cards, password swiffers, radar scanners, traffic signal control devices or cable descrambler
16. Items issued to any Armed Force that have not been disposed of in accordance with that country’s demilitarization policies
17. Items which encourage or facilitate illegal activity
18. Lottery Tickets, Sweepstakes Entries and Slot Machines
19. Material that is obscene, pornographic, adult in nature, or harmful to minors
20. Material that infringes copyright, including but not limited to software or other digital goods which you are not authorized to sell
21. Non-prescription drugs and drugs that make false or misleading treatment claims, or treatment claims that require FDA approval
22. Offensive material
23. Pesticides or hazardous materials
24. Pictures or images that contain nudity
25. Plants and insects that are restricted or regulated
26. Prescription drugs and devices
27. Prostitution or ads that offer sex, sexual favors or sexual actions in exchange for anything
28. Recalled items (for items recalled in Australia, please visit: http://www.recalls.gov.au
29. Stocks and Other Securities
30. Stolen property
31. Tobacco products
32. Used cosmetics
33. Used or rebuilt batteries or batteries containing mercury
34. We do not accept ads selling body parts/bodily fluids, adoption or surrogacy anywhere on the site
35. Weapons and related items (including, but not limited to firearms, firearm parts and magazines, ammunition, paintball guns, BB and pellet guns, tear gas, tasers, stun guns, switchblade knives, and martial arts weapons)

It is the responsibility of the advertiser before posting an ad on Buildingbargains.com.au that content advertised adheres to Buildingbargains.com.au Posting Policies as well as applicable laws. As a condition of your use of Buildingbargains.com.au specified under our Terms of Use, you agree that you will not violate any laws.

Selling items

If selling an item, you MUST NOT link to auction sites or link to your ad posted on another site. Remember, you can use as much space as you like and you can even include a photo, so there is no need to direct people elsewhere.

We do not allow postings advertising the sale of ANYTHING illegal including the following: drugs, weapons, obscene, erotic items /material, cigarettes or tobacco products.

Do not include pricing or telephone numbers in the title, please make use of the specific fields for this information when creating your ad.

Ensure your advertisement isn’t breaching any applicable laws. It is the responsibility of the advertiser before posting an ad on Buildingbargains.com.au that content advertised adheres to Buildingbargains.com.au Posting Policy as well as applicable laws. As a condition of your use of Buildingbargains.com.au specified under our Terms of Use you agree that you will not violate any laws.