Overview
Our site only provides auction services for sellers to list items (or, as appropriate, solicit offers to buy) and buyers to bid on items. We are not involved in the actual transaction between buyers and sellers. We do not have control over the items that are posted in the auction site, and cannot guarantee the authenticity and quality of said product. We are not responsible for the actions the sellers/buyers take before, during, and after the auction, typographical errors, misprints, loss of merchandise/money, damage or failure of equipment, due to your visit to this auction site. Use of this site is at your own risk, and content is presented 'As-Is'. We cannot ensure that a buyer or seller will actually complete a transaction.
Safe Trading
Because user authentication on the Internet is difficult Sexbay.com.au cannot and does not confirm each user's purported identity. Thus, we have established a user-initiated feedback system to help you evaluate with whom you are dealing. We also encourage you to communicate directly with potential trading partners. You may also wish to consider using a third party escrow service or services that provide additional user verification.
Release
Because we are not involved in the actual transaction between buyers and sellers, in the event that you have a dispute with one or more users, you release Sexbay.com.au (and our officers, directors, agents, subsidiaries and employees) from claims, demands and damages (actual and consequential) of every kind and nature, known and unknown, suspected and unsuspected, disclosed and undisclosed, arising out of or in any way connected with such disputes.
Information Control
We do not control the information provided by other users which 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 our site.
Bidding and Buying
If you are the highest bidder at the end of an auction (meeting the applicable minimum bid or reserve requirements) and your bid is accepted by the seller, you are obligated to complete the transaction with the seller, unless the transaction is prohibited by law or by this Agreement. By bidding on an item you agree to be bound by the conditions of sale included in the item's description (or linked to from the description) so long as those conditions of sale are not in violation of this Agreement or unlawful. Bids are not retractable except in exceptional circumstances such as when the seller materially changes the item's description after you bid, a clear typographical error is made, or you cannot authenticate the seller's identity.
Listing and Selling
Listing Description
Listings may only include text descriptions, graphics and pictures you supply to our site (or that you link to from our site) that describe your item for sale (or as appropriate, for which are soliciting offers to buy). All listed items must be listed in an appropriate category. All Dutch auction items must be identical (the size, color, make, and model all must be the same for each item). At any one time you may not promote identical items in more than three (3) listings (whether Dutch or Regular auction style) on our site.
Binding Bids
If you receive at least one bid at or above your stated minimum price (or in the case of reserve auctions, at or above the reserve price), you are obligated to complete the transaction with the highest bidder upon the auction's completion, unless there is an exceptional circumstance, such as: (a) the buyer fails to meet the terms of your listing (such as payment method), or (b) you cannot authenticate the buyer's identity.
Fraud
Without limiting any other remedies, Sexbay.com.au may suspend or terminate your account if you are found (by conviction, settlement, insurance or escrow investigation, or otherwise) to have engaged in fraudulent activity in connection with our site.
Manipulation
Neither bidders nor sellers may manipulate the price of any item nor may you interfere with other user's listings or auctions. Bid rigging is a crime and will not be tolerated.
Links from your item listing
In general, Sexbay.com.au allows the following, providing the intent of the link is not fee avoidance, the promotion of another online auction site or an offer to view additional products or services on another site, including your own site. Additionally, it is not permitted to solicit inquiries for products not listed on our site.
- One link to a page that further describes the item being sold in that listing.
- Links to photos of the item for sale.
- Links to your other listings on Sexbay.
- Links to your About Me page (in addition to the About Me icon already provided).
- One link to your listing terms and conditions (providing that the most relevant information is within the listing itself and that this page does not include any other links.
Linking to web sites that offer to trade, sell or purchase goods or services, or including links for any purpose other than those listed above is not allowed. Prohibited links include, but are not limited to:
- Links to web pages that offer to trade, sell or purchase goods or services outside of Sexbay. This applies whether it is a static URL or an active link.
- Links to web sites or pages offering merchandise is not permitted on Sexbay.
- Links that encourage buyers to place their bids through a site other than Sexbay.
- Links to your own personal or business email address.
Your Information
"Your Information" is defined as any information you provide to us or other users in the registration, bidding or listing process, in any public message area (including 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 with respect to Your Information:
Your Information (or any items listed therein): (1) shall not be false, inaccurate or misleading; (2) shall not be fraudulent or involve the sale of counterfeit or stolen items; (3) shall not infringe any third party's copyright, patent, trademark, trade secret or other proprietary rights or rights of publicity or privacy; (4) shall not violate any law, statute, ordinance or regulation (including without limitation those governing export control, consumer protection, unfair competition, anti-discrimination or false advertising); (5) shall not be defamatory, trade libelous, unlawfully threatening or unlawfully harassing; (6) shall not contain any viruses, Trojan horses, worms, time bombs, cancel bots or other computer programming routines that are intended to damage, detrimentally interfere with, surreptitiously intercept or expropriate any system, data or personal information; (7) shall not create liability for us or cause us to lose (in whole or in part) the services of our ISPs or other suppliers; and (8) shall not link directly or indirectly to or include descriptions of goods or services that: (a) are prohibited under this Agreement; (b) are identical to other items you have up for auction but are priced lower than your item's reserve or minimum bid amount; (c) are concurrently listed for auction on a web site other than Sexbay.com.au ; or (d) you do not have a right to link to or include. Furthermore, you may not list any item on our site (or consummate any transaction that was initiated using our service) that, by paying to us any fee or the final value fee, could cause us to violate any applicable law, statute, ordinance or regulation.
Solely to enable Sexbay.com.au 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, sub-licensable (through multiple tiers) right to exercise the copyright and publicity rights (but no other rights) you have in Your Information, in any media now known or not currently known, with respect to Your Information. Sexbay.com.au will only use Your Information in accordance with our Privacy Policy.
Access and Interference
Our web site contains robot exclusion headers and you agree that you will not use any robot, spider, other automatic device, or manual process to monitor or copy our web pages or the content contained herein without our prior expressed written permission. You agree that you will not use any device, software or routine to interfere or attempt to interfere with the proper working of the Sexbay.com.au site or any auction being conducted on our site. You agree that you will not take any action that imposes an unreasonable or disproportionately large load on our infrastructure. Much of the information on our site is updated on a real time basis and is proprietary or is licensed to Sexbay.com.au by our users or third parties. You agree that you will not copy, reproduce, alter, modify, create derivative works, or publicly display any content (except for Your Information) from our website without the prior expressed written permission of Sexbay.com.au or the appropriate third party.
Feedback and Ratings
You may not manipulate or undermine the integrity of the feedback system. If you earn 5 negative feedbacks in a one year period, your membership will be automatically suspended, and you will be unable to list or bid.
Export
You acknowledge that your feedback consists of comments left by other users and a composite feedback number compiled by Sexbay.com.au, and that the composite number without the comments does not convey your full user profile. Because feedback ratings are not designed for any purpose other than for facilitating trading between Sexbay.com.au users, you agree that you shall not market or export your Sexbay.com.au feedback rating in any venue other than Sexbay.com.au.
Import
We do not provide the technical ability to allow you to import feedback from other websites to Sexbay.com.au because a composite number, without the corresponding feedback does not reflect your true online reputation within our community.
Breach
Without limiting other remedies, we may immediately issue a warning, temporarily suspend, indefinitely suspend or terminate your membership and refuse to provide our services to you: (a) if you breach this Agreement or the documents it incorporates by reference; (b) if we are unable to verify or authenticate any information you provide to us; or (c) if we believe that your actions may cause legal liability for you, our users or us.
No Warranty
WE AND OUR SUPPLIERS PROVIDE OUR WEB SITE AND SERVICES "AS IS" AND WITHOUT ANY WARRANTY OR CONDITION, EXPRESS, IMPLIED OR STATUTORY. WE AND OUR SUPPLIERS SPECIFICALLY DISCLAIM ANY IMPLIED WARRANTIES OF TITLE, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT.
Liability Limit
IN NO EVENT SHALL WE 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).
Indemnity
You agree to indemnify and hold us and our 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.
Legal Compliance
You shall comply with all applicable laws, statutes, ordinances and regulations regarding your use of our service and your bidding on, listing, purchase, solicitation of offers to purchase, and sale of items.
No Agency
You and Sexbay.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 postal mail to Sexbay.com.au, PO Box 482, Ryde NSW 1680 or to the email address you provide to Sexbay.com.au during the registration process (in your case). Notice shall be deemed given 24 hours after email is sent, unless the sending party is notified that the email address is invalid. Alternatively, we may give you notice by certified mail, postage prepaid and return receipt requested, to the address provided to Sexbay.com.au during the registration process. In such case, notice shall be deemed given 3 days after the date of mailing.
General
This Agreement shall be governed in all respects by the laws of the NSW, Australia as such laws are applied to agreements entered into and to be performed entirely within the State of New South Wales, Australia. We do not guarantee continuous, uninterrupted or secure access to our services, and 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, such 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 section. 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.
05 Jul. 2009
EST 
