THE FOLLOWING DESCRIBES THE TERMS ON WHICH INDUSTRIAL CLEARANCE OFFERS YOU ACCESS TO ITS SERVICES.
Welcome to Industrial Clearance (hereinafter known as the “Site”). Any person who wants to access the Site to advertise, search, comments and use the services that are provided (hereafter known as the “Services”) must accept the terms and conditions of this Agreement. The terms and conditions are binding for each and every time the Services are used.
You must read, agree with and accept all of the terms and conditions contained in this User Agreement and the Privacy Policy, which include those terms and conditions expressly set out below and those incorporated by reference, before you may become a member of Industrial Clearance. We strongly recommend that, as you read this User Agreement, you also access and read the information contained in the other pages and websites referred to in this document, as they may contain further terms and conditions that apply to you as a Industrial Clearance user.
If you do not accept these terms and conditions or have any questions that our frequently asked questions or help section cannot answer, please contact support@industrialclearance.com.au
This Agreement helps to keep www.industrialclearance.com.au a center place for user to search for the sales and deals. We would like to build www.industrialclearance.com.au on trust, and this Agreement helps ensure that trust amongst all users and sellers.
We may amend this agreement at any time by posting the amended terms on our site. The amended terms shall automatically become effective after they are posted on our site. Your continued use of this site constitutes the following:
1. Acknowledgement of this Agreement and any modifications; and
2. Agreement to abide and be bound by this agreement, including any modifications.
This agreement was last revised on the 2nd of May 2015
• Eligibility for Membership.
Our services are available only to, and may only be used by individuals who can form legally binding contracts under applicable law. Without limiting the foregoing, our services are not available to children (persons under the age of 18) or to temporarily or indefinitely suspended Industrial Clearance members. If you are a under the age of 18, you can use this service only in conjunction with, and under the supervision of your parents or guardians. If you do not qualify, please do not use our Site. Further, your Industrial Clearance account (including feedback) and User ID may not be transferred or sold to another party. If you are registering as a business entity, you represent that you have the authority to bind the entity to this Agreement.
• Fees and Services.
Searching sale advertisement and deals at Industrial Clearance are free. Sale advertising is chargeble based on our packages and subjective to management approval. Industrial Clearance has the right to change our fees and credits policy and the fees for our services from time to time.
Industrial Clearance may from time to time review and change how users and sellers can access the site. Such changes will be posted on the site and shall become binding on all members upon its implementation.
• www.Industrialclearance.com.au is Only a Venue
Industrial Clearance acts as a venue to allow anyone to search for sale or deal advertisement just about anything, at anytime, from anywhere. We are not involved in the actual transaction between buyers and sellers. As a result, we have no control over the quality, safety or legality of the sale or deal advertised the truth or accuracy of the listings, the ability of sellers to sell items or the ability of buyers to pay for items.
We do not control the information provided by other users that is made available through our system. You may find other user’s information to be offensive, harmful, inaccurate, or deceptive. Please use caution, common sense, and practice safe trading when using the Site. Please note that there are also risks of dealing with underage persons or people acting under false pretense. Additionally, there may also be risks dealing with international trade and foreign nationals. By using this Site, you agree to accept such risks and Industrial Clearance is not responsible for the acts or omissions of users on the Site.
We cannot control the information provided by other users which is made available through our system. Note that all graphics displayed in listings may reside on our servers, but we do not and cannot control the images that are uploaded by our users. Information and images posted by a member may be offensive, harmful or inaccurate, and in some cases will be mislabeled or deceptively labeled. We expect that you will use caution and common sense when using our site. We are not liable for any images that have been placed on our servers, as they are beyond our control.
• Identity Verification
We use many techniques to verify the accuracy of the information our sellers and users provide us when they register on the Site. However, because user verification on the Internet is difficult, Industrial Clearance cannot and does not confirm each user’s purported identity.
• Listing of Sale Advertisement
Strictly no listing of sale advertisement when a seller has no sale applied at the physical shop, web site or venue. Industrial Clearance has the right to remove any fake, spam or illegal sale advertisement. Your listings may only include text descriptions, graphics, pictures and other content relevant to the sale of that item. All listed items must be listed in an appropriate category
We reserve the right to remove a sale listing if found that:
(a) Seller’s or user’s registration details and contact information is in-valid, not contactable, or misleading.
(b) Seller or user has been suspended for any other reason which against our guideline, rules and regulations.
You may not list on our site which:
(a) infringes any third party’s copyright, intellectual property, patent, trademark, trade secret or other proprietary rights or rights of publicity or privacy;
(b) otherwise causes legally-recognized harm (such as a product that contains a defamatory statement); or
Or anything prohibited in our Listing Policy.
• Your Information
1. Definition. “Your Information” is defined as any information you provide to us or other users in the registration or listing process, in any public message area (including the comments, photo or the feedback area) or through any email feature. You are solely responsible for Your Information, and we act as a passive conduit for your online distribution and publication of Your Information.
2. Restricted Activities. Your Information (or any items listed) and your activities on the Site shall not:
(a) be false, inaccurate or misleading;
(b) be fraudulent or involve the sale of counterfeit or stolen items;
(c) infringe any third party’s copyright, patent, trademark, trade secret or other proprietary rights or rights of publicity or privacy;
(d) violate any law, statute, ordinance or regulation (including, but not limited to, those governing export control, consumer protection, unfair competition, antidiscrimination or false advertising);
(e) be defamatory, trade libelous, unlawfully threatening or unlawfully harassing;
(f) be obscene or contain pornography or,
(g) contain any viruses, Trojan horses, worms, time bombs, cancelbots, easter eggs or other computer programming routines that may damage, detrimentally interfere with, surreptitiously intercept or expropriate any system, data or personal information;
(h) create liability for us or cause us to lose (in whole or in part) the services of our ISPs or other suppliers; and
(i) link directly or indirectly to or include descriptions of goods or services that:
(aa) are prohibited under this Agreement;
(bb) are identical to other items you have up for auction but are priced lower than your item’s reserve or minimum bid amount;
(cc) are concurrently listed for sale on a web site other than Industrial Clearance (this does not prevent linking to or advertising an Industrial Clearance listing from another web site); or
(dd) you do not have a right to link to or include. Furthermore, you may not list any sale advertisement on the Site (or consummate any transaction that was initiated using our service) that, by paying to us the listing fee or the final value fee, could cause us to violate any applicable law, statute, ordinance or regulation, or that violates our current Prohibited, Questionable and Infringing Items.
3. License. Solely to enable Industrial Clearance to use the information you supply us with, so that we are not violating any rights you might have in that information, you agree to grant us a non-exclusive, worldwide, perpetual, irrevocable, royalty- free, sublicensable (through multiple tiers) right to exercise the copyright, publicity, and database rights (but no other rights) you have in Your Information, in any media now known or not currently known, with respect to Your Information. Industrial Clearance will only use Your Information in accordance with our Privacy Policy.
Access and Interference. The Site contains robot exclusion headers. Much of the information on the Site is updated on a real time basis and is proprietary or is licensed to Industrial Clearance by our users or third parties. You agree that you will not use any robot, spider, scraper or other automated means to access the Site for any purpose without our express written permission. Additionally, you agree that you will not: (i) take any action that imposes, or may impose in our sole discretion an unreasonable or disproportionately large load on our infrastructure; (ii) copy, reproduce, modify, create derivative works from, distribute or publicly display any content (except for Your Information) from the Site without the prior expressed written permission of Industrial Clearance and the appropriate third party, as applicable; (iii) interfere or attempt to interfere with the proper working of the Site or any activities conducted on the Site; or (iv) bypass our robot exclusion headers or other measures we may use to prevent or restrict access to the Site.
• Comments
You may not take any actions which may undermine the integrity of the comment system, such as: leaving positive comment on your posted sale using secondary User IDs or third parties; leaving negative comments for other users’ posted sales using secondary accounts or third parties; for the purpose of enabling positive comments to be left about you.
We reserve the right to remove any user’s positive or negative comment at our own discretion.
Breach Without limiting other remedies, we may limit your activity, immediately remove your sale listings, warn our community of your actions, issue a warning, temporarily suspend, indefinitely suspend or terminate your membership and refuse to provide our services to you if:
(a) you breach this Agreement or the documents it incorporates by reference;
(b) we are unable to verify or authenticate any information you provide to us; or
(c) we believe that your actions may cause financial loss or legal liability for you, our users or us.
• Privacy
We do not sell or rent your personal information to third parties for their marketing purposes without your explicit consent and we only use your information as described in the Privacy Policy.
• No Warranty
WE, OUR SUBSIDIARIES, OFFICERS, DIRECTORS, EMPLOYEES AND OUR SUPPLIERS PROVIDE THE www.industrialclearance.com.au WEBSITE AND OUR SERVICES “AS IS” AND WITHOUT ANY WARRANTY OR CONDITION, EXPRESSED OR IMPLIED OR STATUTORY. WE, OUR SUBSIDIARIES, OFFICERS, DIRECTORS, EMPLOYEES AND OUR SUPPLIERS SPECIFICALLY DISCLAIM ANY IMPLIED WARRANTIES OF TITLE, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON- INFRINGEMENT.
• Limit of Liability.
IN NO EVENT SHALL WE, OUR SUBSIDIARIES, OFFICERS, DIRECTORS, EMPLOYEES OR OUR SUPPLIERS BE LIABLE FOR LOST PROFITS OR ANY SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES ARISING OUT OF OR IN CONNECTION WITH OUR SITE, OUR SERVICES OR THIS AGREEMENT (HOWEVER ARISING, INCLUDING NEGLIGENCE).
OUR LIABILITY, AND THE LIABILITY OF OUR SUBSIDIARIES, OFFICERS, DIRECTORS, EMPLOYEES, AND SUPPLIERS, TO YOU OR ANY THIRD PARTIES IN ANY CIRCUMSTANCE IS LIMITED TO THE GREATER OF (A) THE AMOUNT OF FEES YOU PAY TO US IN THE 12 MONTHS PRIOR TO THE ACTION GIVING RISE TO LIABILITY.
Indemnity. You agree to indemnify and hold us and (as applicable) our parent, subsidiaries, affiliates, officers, directors, agents, and employees, harmless from any claim or demand, including reasonable attorneys’ fees, made by any third party due to or arising out of your breach of this Agreement or the documents it incorporates by reference, or your violation of any law or the rights of a third party.
• General Compliance with Laws.
You shall comply with all applicable laws, statutes, ordinances and regulations regarding your use of our servers or your bidding on, listing, purchase or sale of items.
• Message from Partners and Sponsors.
You ackowledge and agree that www.industrialclearance.com.au may from time to time work with our partners to send you promotional messages, great deals or information from our sponsors. www.industrialclearance.com.au will for all practical purpose allows members to unsubcribe from receiving such materials.
• No Agency.
You and www.industrialclearance.com.au are independent contractors, and no agency, partnership, joint venture, employee-employer or franchiser-franchisee relationship is intended or created by this Agreement.
• Notices.
Except as explicitly stated otherwise, any notices shall be given by e-mail to support@industrialclearance.com.au (in the case of www.industrialclearance.com.au) or to the e-mail address you provided to www.industrialclearance.com.au during the registration process (in your case), or such other address as the party shall specify. The notice shall be deemed to have been given 24 hours after the e-mail is sent, unless the sending party is notified that the e-mail address is invalid. Alternatively, we may give you notice by certified mail, postage prepaid and return receipt requested, to the address provided to www.industrialclearance.com.au during the registration process. In such case, the notice shall be deemed to have been given 3 days after the date of mailing.
Industrial Clearance may from time to time work with party to offer our members certain products or services at our discretion. All members will be informed of such offers through email and certain information such as name and handphone numbers maybe made available solely for this purpose.
• General.
This Agreement shall be governed in all respects by the laws of Australia . As such, laws are applied to agreements entered into and performed entirely within Australia and between Australian residents. Both parties submit to jurisdiction in Australia and further agree that any cause of action arising under this Agreement shall be brought exclusively to a court in Australia. www.industrialclearance.com.au does not guarantee continuous, uninterrupted or secure access to our services, and the operation of our site may be interfered with by numerous factors outside of our control. If any provision of this Agreement is held to be invalid or unenforceable, that provision shall be struck and the remaining provisions shall be enforced. Headings are for reference purposes only, and in no way define, limit, construe or describe the scope or extent of such sections. Our failure to act with respect to a breach by you or others does not waive our right to act with respect to subsequent or similar breaches. This Agreement sets forth the entire understanding and agreement between us with respect to the subject matter hereof.
