Aussie Swap Membership Agreement

The following is the terms of the agreement between AussieSwap.com (“Company”) and the user of the website (“User”) of goods or services through the Company’s website (the “Site”). If you do not agree to these terms, you will not be able to become a member, so please review these terms carefully:

Introduction

User agrees to the terms and conditions outlined in this Online Contract ("Contract") with respect to the goods, services and information provided by or through the Site. This Contract constitutes the entire and only agreement between the Company and User, and supersedes any and all prior or contemporaneous agreements, representations, warranties, and understandings with respect to the goods, services and information provided by or through the Site, and the subject matter of this Contract. User agrees to review this Contract prior to registering for a free membership and signing up for a membership shall be deemed acceptance of this Contract.

Setup and Payment

Payment will be handled through the Paypal system. User represents and warrants that (i) the credit card information supplied is true, correct and complete and (ii) charges incurred by the User will be honoured by the User's credit card company and (iii) User shall pay charges incurred by User at the amounts in effect at the time incurred, including all applicable taxes. User shall be responsible for all charges incurred through use of User's password. User agrees to keep his or her password confidential and to notify Company within 24 hours of any breach of this Contract or unauthorized use of the password. Company does not protect User from unauthorized use of User's password.

Copyright

The content, organization, gathering, compilation, magnetic translation, digital conversion and other matters related to the Site are protected under applicable copyrights, trademarks, and other proprietary (including but not limited to intellectual property) rights, and, the copying, redistribution, use or publication by a User of any such content or any part of the Site is prohibited. User also agrees not to infringe on any other members’ copyrights or trademarks.

Editing, Deleting, and Modification

Company reserves the right in its sole discretion to edit or delete any information or content appearing on the Site and to remove any goods and services. Upon notice published over the Service, Company may modify this Contract, prices, point reward and "pricing" structure, and may discontinue or revise any or all aspects of the Site in its sole discretion and without prior notice. Modification of this Contract will be deemed effective upon publication on the Site with respect to transactions occurring after said date.

Communication

User is responsible for all Content posted by User that is made available on the website. The Company does not guarantee the accuracy, integrity or quality of the Content. User agrees not to post any pornography or pornographic media inventory. However, User understands that by using the website exposure to offensive, indecent or objectionable material is possible. Company under no circumstances will be liable for Content.

Right to Refuse

Company reserves the right in its sole discretion to refuse service at any time. Company may terminate membership at any time and remove access to the Site’s goods and services, for failure to abide by the rules of the service. The ability to trade media materials is subject to availability.

Indemnification

User agrees to indemnify, defend and hold Company and its affiliates, licensors and suppliers harmless from any liability, loss, claim and expense, including reasonable attorney's fees, related to a User's violation of this Contract or use of the Site.

Non-Transferable

User's right to use the Service is not transferable and is subject to any limits established by Company or by User's credit card company.

Disclaimer

THE SERVICE, CONTENT, GOODS AND SERVICES FROM OR THROUGH THE SERVICE ARE PROVIDED "AS-IS," "AS AVAILABLE," AND ALL WARRANTIES, EXPRESS OR IMPLIED, ARE DISCLAIMED (INCLUDING BUT NOT LIMITED TO THE DISCLAIMER OF ANY IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE). IT IS UP TO THE USERS TO DISPLAY AN HONEST ASSESMENT OF ALL GOODS AVAILABLE FOR SWAP. THE COMPANY IS NOT LIABLE FOR ANY MISLEADING INFORMATION ON THE PART OF OTHER USERS IN REGARDS TO THE CONDITION OF SWAPPED ITEMS. THE SOLE AND ENTIRE MAXIMUM LIABILITY OF COMPANY, FOR ANY REASON, AND USER'S SOLE AND EXCLUSIVE REMEDY FOR ANY CAUSE WHATSOEVER, SHALL BE LIMITED TO THE AMOUNT OF CREDITS PAID FOR THE CONTESTED ITEM. COMPANY AND ANY OF ITS AFFILIATES, ARE NOT LIABLE FOR ANY INDIRECT, SPECIAL, INCIDENTAL, OR CONSEQUENTIAL DAMAGES (INCLUDING DAMAGES FOR LOSS OF BUSINESS, LOSS OF PROFITS, LITIGATION, OR THE LIKE), WHETHER BASED ON BREACH OF CONTRACT, BREACH OF WARRANTY, TORT (INCLUDING NEGLIGENCE), PRODUCT LIABILITY OR OTHERWISE, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THE LIMITATIONS OF DAMAGES SET FORTH ABOVE ARE FUNDAMENTAL ELEMENTS OF THE BASIS OF THE BARGAIN BETWEEN COMPANY AND USER. THIS SITE AND GOODS AND SERVICES WOULD NOT BE PROVIDED WITHOUT SUCH LIMITATIONS. SOME STATE STATUTES MAY APPLY REGARDING LIMITATION OF LIABILITY.

Refund Policy

There is no refund for “points” or “credits” bought from the Site. “Points” and “credits” must be used once bought.

Resale of Services

User agrees not to reproduce, duplicate, copy, or sell any portion of the website or access to the website. User agrees not to sell “points” or “credits” to other Users.

Age and Residency

User must be at least 18 years of age and have listed mailing address in Australia.

Postage

User understands that postage of items is paid for by the sender of the item for every item that is requested.

Member Information

User agrees not to use or store personal information about other website members.

Law Violation

User agrees not to intentionally or unintentionally violate any applicable law, including local, state, national or international law.

Property

User agrees that all material listed on the website’s inventory is the sole property of the User, is in his/her possession, is in usable condition, and is in the actual condition stated on the sell page. User understands that items requested and received will be in used, working condition.

Advertising

User is aware that advertisements may be included on the website. Any business dealings with any advertisers on the website is done at the User’s discretion and is solely between the User and the advertiser. User agrees that the Company shall not be held responsible or liable for any losses incurred through any business dealings with advertisers on the website.

Use of Information

Company reserves the right, and User authorizes Company, to the use and assignment of all information regarding User’s use of the Site and all information provided by User, subject to applicable law.

Miscellaneous

This Contract shall be treated as though it were executed and performed in Victoria, and shall be governed by and construed in accordance with the laws of Australia and of the State of Victoria (without regard to conflict of law principles). Any cause of action of User with respect to the Site must be instituted within one (1) month after any purchase or be forever waived and barred. All actions shall be subject to the limitations set forth in the Disclaimer section. The language in this Contract shall be interpreted as to its fair meaning and not strictly for or against any party. All legal proceedings arising out of or in connection with this Contract shall be brought solely in Victoria, and User expressly submits to the jurisdiction of said courts and User consents to extra-territorial service of process. Should any part of this Contract be held invalid or unenforceable, that portion shall be construed consistent with applicable law as nearly as possible to reflect the original intentions of the parties and the remaining portions shall remain in full force and effect. To the extent that anything in or associated with the Site or the Company is in conflict or inconsistent with this Contract, this Contract shall take precedence. Failure of Company to enforce any provision of this Contract shall not be deemed a waiver of such provision nor of the right to enforce such provision.