In this Terms and Conditions:
"Landlinks" means Landlinks Pty.
"Landlinks services" means the Landlinks.com.au website and any related Landlinks service or tool.
Welcome to Landlinks. By using the Landlinks services, you agree to the following terms with Landlinks. If you have any questions, please contact Customer Service.
This Terms is effective on 15 November 2017 for all users and upon acceptance for new users.
While using the Landlinks services, you will not:
post content or items in inappropriate categories or areas on our sites and services;
infringe any laws, third party rights or our policies, such as the prohibited and restricted items policies;
use the Landlinks services if you are not able to form legally binding contracts, are under the age of 18 or are suspended from using the Landlinks services;
fail to deliver payment for items purchased by you, unless the seller has materially changed the item's description after you purchase, a clear typographical error is made or you cannot authenticate the seller's identity;
fail to deliver items purchased from you, unless the buyer fails to meet the posted terms or you cannot authenticate the buyer's identity;
manipulate the price of any item or interfere with other users' listings;
circumvent or manipulate our fee structure, the billing process, or fees owed to Landlinks;
post false, inaccurate, misleading, defamatory or offensive content (including personal information);
distribute or post spam, unsolicited or bulk electronic communications, chain letters or pyramid schemes;
distribute viruses or any other technologies that may harm Landlinks or the interests or property of Landlinks users;
export or re-export any Landlinks tools except in compliance with the export control laws of any relevant jurisdictions;
copy, modify or distribute rights or content from the Landlinks services or Landlinks's copyrights and trademarks; or
harvest or otherwise collect information about users, including email addresses, without their consent.
Landlinks and its community of users ("the Community") work together to keep our sites and services working properly and the Community safe. Please report problems, offensive content, and policy violations to us.
Without limiting other remedies, we may limit, suspend or terminate our service and user accounts, prohibit access to the Landlinks services, delay or remove hosted content, and take technical and legal steps to keep users off the sites if we think that they are creating problems or possible legal liabilities, infringing the intellectual property rights of third parties or acting inconsistently with the letter or spirit of our policies. Additionally, we may, in appropriate circumstances and at our reasonable discretion, suspend or terminate accounts of users who may be repeat infringers of intellectual property rights of third parties. We also reserve the right to cancel unconfirmed accounts or accounts that have been inactive for a long time, or to modify or discontinue Landlinks services.
Fees and Services
Joining Landlinks and purchasing listed items is free. We may charge fees for using other services, such as listing items. When you list an item or use a service that has a fee, you have an opportunity to review and accept the fees that you will be charged based on our Fees schedule, which we may change from time to time. Changes to that schedule are effective after we provide you with at least three days' notice by posting the changes on the Landlinks site. We may choose to temporarily change the fees for our services for promotional events (for example, free listing days) or new services, and such changes are effective when we post the temporary promotional event or new service on the sites.
Unless otherwise stated, all fees are quoted in Australian Dollars. You are responsible for paying all fees and applicable taxes associated with our sites and services in a timely manner with a valid payment method. If your payment method fails or your account is past due, we may collect fees owed using other collection mechanisms. (This includes charging other payment methods on file with us, retaining collection agencies and legal counsel and, for accounts over 180 days past due, deducting the amount owed from your PayPal account balance.)
When you give us content, you grant us a non-exclusive, worldwide, perpetual, irrevocable, royalty-free, sublicensable (through multiple tiers) right to exercise any and all copyright, trademark, publicity and database rights (but no other rights) you have in the content, in any media known now or in the future.
For the convenience of sellers, we may offer catalogues of stock images, descriptions and product specifications that are provided by third parties (including Landlinks users). You may use catalogue content solely in connection with your Landlinks listings during the time your listings are on Landlinks's sites.
While we try to offer reliable data, we cannot promise that the catalogues will always be accurate and up-to-date, and you agree not to hold our catalogue content providers or us responsible for inaccuracies in catalogues. If you choose to include catalogue content in your listings, you continue to be fully responsible for your listings and for ensuring that your listings are accurate, do not include misleading information and comply with this Terms and Conditions and all Landlinks policies. The catalogues may include copyrighted, trademarked or other proprietary materials. You agree not to remove any copyright, proprietary or identification markings included with the catalogues or create any derivative works based on catalogue content (other than by including them in your listings).
Trading on Landlinks and Limitation of Liability
While we strive to maintain a safe trading environment you accept that there are unfortunately sometimes risks when trading online and using our sites, including dealing with underage or fraudulent persons. You will not hold Landlinks responsible for other users' content, actions or inactions, items they list or their destruction of allegedly fake items. Our site is a venue to allow anyone to offer, sell, and buy just about anything, at any time, from anywhere, in a variety of pricing formats and locations. We are not involved in the actual transaction between buyers and sellers. We have no control over and do not guarantee the quality, safety or legality of items advertised, the truth or accuracy of users' content or listings, the ability of sellers to sell items, the ability of buyers to pay for items or that a buyer or seller will actually complete a transaction or return an item. You should consider and use all of our suggested safe trading guidelines when trading online.
When you enter into a transaction you create a legally binding contract with another user. You must ensure that you comply with your obligations to that other member and are aware of any laws relevant to you as a buyer or seller. If another member breaches any obligation to you, you – not Landlinks – are responsible for enforcing any rights that you may have.
You alone, and not Landlinks, are responsible for ensuring that your listing, bidding and selling and any other activities conducted on our site are lawful. You must ensure that you comply with all applicable laws in Australia and other countries. You must also ensure that you strictly comply with this Terms and the policies which form part of the Terms.
We do not take ownership of the items at any time and do not transfer legal ownership of items from the seller to the buyer. Further, we cannot guarantee continuous or secure access to the Landlinks services, and their operation may be interfered with by numerous factors outside of our control. Accordingly, to the extent legally permitted, we exclude all implied warranties, terms and conditions. We are not liable for any loss of money, goodwill or reputation, or any special, indirect or consequential damages arising, directly or indirectly, out of your use of or your inability to use the Landlinks services.
To the extent that Landlinks is able to limit the remedies available under this Terms, Landlinks expressly limits its liability for breach of a non-excludable statutory guarantee to the following remedies:
the supply of the services again; or
the payment of the cost of having the services supplied again.
If you have a dispute with one or more users, you release us (and our officers, directors, agents, subsidiaries, joint venturers and employees) from claims, demands and damages (actual and consequential) of every kind and nature, known and unknown, arising out of or in any way connected with such disputes.
Without limiting other remedies available to Landlinks at law, in equity or under this Terms, we may, without notice to you and in our sole discretion (which shall be exercised reasonably, having regard to the circumstances), delay listing your item, issue you a warning, restrict your activities through our site (including but not limited to buying, selling and posting activities), temporarily suspend, indefinitely suspend or terminate your membership and refuse to provide our services to you if:
you have, or we believe that you have, breached this Terms, which includes any of our Policies in any way;
we are unable to verify or authenticate any information you provide to us;
we believe that your listings may cause loss or damage to or otherwise unlawfully harm you, our users, third parties or us, our related bodies corporate or affiliates, our directors, employees or agents; or
if we reasonably believe that any of your information (which includes an item listed on the site) is inappropriate or of an offensive nature.
For security, confidentiality and privacy reasons, we are not obligated to provide you or other members the details of any investigation that we conduct or any action which we take, in relation to your membership or your account other than those that are already provided to you by us.
Access and Interference
The sites contain robot exclusion headers. Much of the information on the sites is updated on a real-time basis and is proprietary or is licensed to Landlinks by our users or third parties. You agree that you will not use any robot, spider, scraper or other automated means to access the Landlinks services for any purpose without our express written permission.
Additionally, you agree that you will not:
take any action that imposes or may impose (in our sole discretion, exercised reasonably) an unreasonable or disproportionately large load on our infrastructure;
copy, reproduce, modify, create derivative works from, distribute or publicly display any content (except for your information) from the sites without the prior express written permission of Landlinks and the appropriate third party, as applicable;
interfere or attempt to interfere with the proper working of the sites, services or tools, or any activities conducted on or with the sites, services or tools; or
bypass our robot exclusion headers or other measures we may use to prevent or restrict access to the sites.
By listing an item on Landlinks's sites, you agree to pay Landlinks's fees for the listing, assume full responsibility for the content of the listing and item offered, and accept the following listing conditions:
When you list an item on Landlinks's sites, your listing will be posted on Landlinks's site.
Your listing may not be immediately searchable by keyword or category for several hours (or up to 24 hours in some circumstances), so Landlinks can't guarantee exact listing durations.
Where your listing appears in search and browse results may be based on certain factors including listing format, title, bidding activity, end time, keywords, price and postage cost.
Closing Your Account
You may close your Landlinks account at any time, subject to:
not having any outstanding items listed on the website; and
resolving any outstanding matters (such as a suspension or restriction on your account); and
paying any outstanding fees owing on the account.
of Others, Marketing
If Landlinks provides you with information about another user you agree you will use the information only for the purposes it is provided to you. You may not disclose, sell, rent or distribute a user's information to a third party for purposes unrelated to the Services. Additionally, you may not use information for marketing purposes, via electronic or other means, unless you obtain the consent of the specific user to do so.
You will indemnify us (and our officers, directors, agents, subsidiaries, joint venturers and employees) against any claim or demand, including legal fees and costs, made against us by any third party due to or arising out of your breach of this Terms, or your infringement of any law or the rights of a third party in the course of using the Landlinks services.
Landlinks is not your agent for any purpose in relation to this Terms or your use of the Landlinks services.
Legal notices must be served on Landlinks's registered agent (in the case of Landlinks) or to the email address you provide to Landlinks during the registration process (in your case). Notice will be deemed given 24 hours after email is sent, unless the sending party is notified that the email address is invalid or that the email has not been delivered. Alternatively, we may give you legal notice by mail to the address provided by you during the registration process. In such case, notice will be deemed given three days after the date of mailing.
If a dispute arises between you and Landlinks, our goal is to provide you with a neutral and cost effective means of resolving the dispute quickly. We strongly encourage you to first contact us to seek a resolution. We will consider reasonable requests to resolve the dispute through alternative dispute resolution procedures, such as mediation or arbitration, as alternatives to litigation.
and forum for legal disputes
This Terms will be governed in all respects by the laws of New South Wales. We encourage you to try and resolve disputes using certified mediation (such as online dispute resolution processes). If a dispute cannot be resolved then you and Landlinks irrevocably submit to the non-exclusive jurisdiction of the courts of New South Wales, Australia.