Membership Eligibility.

EZIauctions offers its services to its members. Membership is a privilege, not an entitlement, and EZIauctions may change its services and suspend, terminate or restrict your membership at any time if it believes that this is reasonably justified within the terms of this Agreement or any of its Policies. In the event that EZIauctions changes its services, suspends, terminates or restricts your membership in the circumstances outlined above or in this Agreement, you may not be able to access our services temporarily or permanently and you are prohibited from applying for a new account.

Our services are only available to, and may only be used by, individuals (that is, natural persons and not corporate entities) who can form legally binding contracts under applicable law. Without limiting the foregoing, our services are not available to persons under 18 years of age. If you do not qualify, you must not use our services. Although an account may be styled in a corporate, company or business name, it at all times is taken to be the personal account of the member who is registered on the account.

Your membership is not transferable. Your EZIauctions account (including reputation and associated member UserID) may not be dealt with in any way. In particular, you must not allow others to use them and must not transfer or sell them to another party. While you are a member you must maintain control of your account. You are responsible for what occurs on that account and must report any unauthorised use of your account or UserID to us.

Fees and Services.

Joining (creating an EZIauctions account) and bidding on our Site is free. Listing and selling items on our Site incurs fees which are set out in our Fees and Credits Policy which is located at http://www.eziauctions.com.au/site_fees.php. When you list an item you have an opportunity to review and accept the fees that you will be charged for the use of our services.

Like all Policies, we may change our Fees and Credits Policy and the fees for our services from time to time. Changes to the Fees and Credits Policy are effective fourteen (14) days after we post notice of the changes on our Announcements Board. We may choose to temporarily change our Fees and Credits Policy and the fees for our services for promotional events (for example, free listing days) and such changes are effective when we post the temporary promotional event on the Announcements Board. If we introduce a new service, the fees for that service are effective at the launch of the service. Unless otherwise stated, all fees are quoted in Australian Dollars. You are responsible for paying all fees associated with using our services and our Site and all applicable taxes (including any goods and services or value added taxes, which will be added to amounts billed to you, if applicable). You must not charge a buyer any EZIauctions fees as an additional charge on top of the final price of an item. For this reason, you may wish to consider EZIauctions fees when determining the minimum or fixed price at which you list an item.

EZIauctions is not an Auctioneer.

3.1 Online Auctions. Although we are commonly referred to as an online auction web site, it is important to realise that we are not a traditional "auctioneer". Instead, our Site merely acts as an online venue to allow members to communicate and offer, sell, and buy just about anything, at anytime, from anywhere, in a variety of formats, including a fixed price format and an auction-style format commonly referred to as an "online auction". YOU ACKNOWLEDGE AND AGREE THAT EZIauctions IS NOT INVOLVED IN THE ACTUAL TRANSACTION BETWEEN BUYERS AND SELLERS. AS A RESULT, EZIauctions HAS NO CONTROL OVER THE QUALITY, SAFETY OR LEGALITY OF ITEMS OR CONTENT POSTED BY MEMBERS ON OUR SITE, THE TRUTH OR ACCURACY OF LISTINGS, THE ABILITY OF SELLERS TO SELL ITEMS OR THE ABILITY OF BUYERS TO BUY ITEMS. WE CANNOT ENSURE AND DO NOT GUARANTEE THAT A MEMBER OR BROWSER OF OUR SITE WILL ACTUALLY COMPLETE A TRANSACTION OR ACT LAWFULLY IN USING OUR SITE.

When you enter into a transaction you create a legally binding contract with another member, unless the item is listed and is prohibited by law or by this Agreement or our Policies. You are responsible for ensuring that you comply with your obligations to that other member. If you do not, you may become liable to him or her. You must ensure that you are aware of any laws relevant to you as a buyer or seller, or in any other uses you make of our Site. If another member breaches any obligation to you, you - not EZIauctions - are responsible for enforcing any rights that you may have.

Except as specifically advised otherwise on our Site, EZIauctions does not offer any form of insurance or other buyer or seller protection which will assist you, because our Site merely provides the online venue for members to offer, sell, and buy and we are not otherwise involved in the transactions and interactions between buyers and sellers. However, some forms of payment permitted on the Site, such as PayPal or credit card, may offer limited buyer or seller protection or chargeback services and you should familiarise yourself with these before proceeding with a transaction of any kind through the Site.

3.2 Safe Trading. Because user identification on the Internet is difficult, EZIauctions cannot and does not confirm each member's purported identity. Thus, we have established a member-initiated reputation system to help you evaluate the member you choose to deal with. We also encourage you to communicate directly with potential trading partners through the tools available on our Site. You may also wish to consider using a third party escrow service or services that provide additional user verification. For more information on safe trading on our Site you should take the time to regularly familiarise yourself with EZIauctions various safe trading tips. EZIauctions makes available, from time to time, various software and tools for members using our services, and such software and tools are highly recommended to assist members in safer trading on EZIauctions and to assist in reducing the likelihood of online fraud. You should regularly visit our Security Centre and employ and practise the safe trading guidelines set out there. EZIauctions also strongly advises that you utilise the EZIauctions Security tips for software and tools, in order to assist you when trading on our Site.

3.3 Release. EZIauctions is not involved in the actual transaction between buyers and sellers and to the extent permitted by law EZIauctions specifically disclaims all liability for any loss or damage, (actual, special, direct, indirect 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 your transaction.

EZIauctions is not involved with or a party to any transactions that take place between members. EZIauctions does not accept any liability in respect of your involvement in any mediation, arbitration, tribunal hearing, court proceeding or other proceedings (of whatever nature) with a buyer or a seller (as the case may be) in any way arising out of or in any way connected with your transaction. eBay may plead this Agreement in bar to any claim, action, proceeding or suit brought by you, against EZIauctions for any matter arising out of any EZIauctions transaction or otherwise in respect of this Agreement.

This clause 3.3 does not affect any rights you may lawfully have against EZIauctions itself for its own acts or omissions.

3.4 Information Control. We send you communications and notices regarding your transactions and your account on our Site. They do not represent any endorsement, guarantee or legitimisation of your transactions. You are responsible for completing all transactions you participate in (including monitoring their status and complying with all relevant legal obligations). Other members sometimes provide us with information about a transaction. We do not control, endorse or approve this information by making it available to you. You may find information posted by other members to be offensive, harmful, inaccurate, or deceptive. Please use caution and common sense, and practice safe trading when using our Site. Please note that there are risks in using our Site, including dealing with under age persons or people acting under false pretense. Additionally, there may be risks with international trading and dealing with foreign nationals.

Bidding and Buying.

By bidding on an item you agree with the seller to be bound by the conditions of sale included in the item's description, subject to any exceptions set out here, such as where the conditions of sale are in breach of this Agreement or unlawful. If you purchase an item through one of our fixed price formats or are the highest bidder on an item listed in auction format, you are obliged to complete the transaction with the seller, unless the item or transaction falls within the scope of being prohibited by law, by this Agreement or by our Policies. You cannot retract a bid except in exceptional circumstances, Subject to EZIauctions right to temporarily suspend, indefinitely suspend or terminate your membership within the terms of this Agreement or any of its Policies if you do not complete a transaction without lawful excuse you may be in breach of your obligations to both EZIauctions and the seller and you may be liable to each. If you choose to bid on items as described or similar to those described on our mature audience page, in accordance with our Mature Audiences Policy which you will find below, you are warranting that you have the legal right to purchase such items (suitable only for persons aged 18 years or over in Australia).

Listing and Selling.

5.1 Listing Description. You must be legally able to sell any item you list for sale on our Site. You must describe your item fully and accurately and include all terms of sale on the listing page of our Site. Your listings may only include text descriptions, graphics, pictures and other content relevant to the sale of that item, including any information that you are required to provide by any applicable law. The listing and the content of the listing must be your own work or work that you are legally entitled to use. All listed items must be listed in an appropriate category. All Dutch auction items must be identical. At any one time you may not promote identical items in more than twenty (20) online auction listings (whether Dutch or Regular auction-style) on our Site.

5.2 Binding Bids. Except for items to which the Non-Binding Bid Policy applies (where it is illegal by law), if you are a seller and 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 item's completion, unless there is an exceptional circumstance, such as:

5.3 Fraud. Without limiting any other remedies available to EZIauctions at law, in equity or under this Agreement, EZIauctions may, in its sole discretion, suspend or terminate your membership if we reasonably suspect or believe, or are informed by a government authority, that you (by conviction, settlement, insurance or escrow investigation, or otherwise in our sole discretion) have engaged or may engage in fraudulent activity using, or otherwise in connection with your use of our Site, and you will have no claim whatsoever against EZIauctions in respect of any such suspension or termination of your membership.

5.4 Infringement of Rights You must not, by any means, infringe the rights (including intellectual property rights) of others. Examples of prohibited conduct include listing or selling ‘knock offs’ and counterfeit items regardless of how you describe them. EZIauctions respects the Verified Rights Owner (VeRO) Program to try to ensure that listed items do not infringe copyright, trademark or other intellectual property rights of third parties. VeRO Program participants and other rights owners can report infringing items, and ask EZIauctions to remove them. VeRO Program participants and other rights owners may have limited access to some of your personal information as described in our Privacy Policy (located at http://www.eziauctions.com.au/content_pages.php?page=privacy).

5.5 Manipulation. Neither you, nor any other bidders or sellers, may manipulate the price of any item by, for example, conducting, encouraging or permitting certain activities (for example, shill bidding). You also must not, in any way, interfere with the listings of other members. If you are found to be breaching this your account will be terminated permanetly without warning.

Your Information.

6.1 Definition. "Your Information" means any item you list as well as any information you give to us or other members in the registration, bidding or listing process, in any public message area (including the discussion boards and in reputation) or through any email feature. Your Information also includes the descriptions of items you list for sale or display on our Site, as well as any content you post on other web pages within our Site (including photographs or other images).

6.2 Restrictions. You are solely responsible for Your Information. We act as a passive conduit for your online distribution and publication of Your Information.

Your Information must not, in any way whatsoever, be potentially or actually harmful to EZIauctions or any third party, where “harm” includes, but is not limited to non-economic loss that will or may be suffered by EZIauctions. The Policies contain detailed statements of prohibited conduct relating to Your Information. Without limiting any provision of this Agreement, Your Information must be up to date and kept up to date and must not:

6.3 License. Solely to enable EZIauctions to use the information you supply us with, so that we are not violating any rights you might have in that information (including any intellectual property rights), you agree to grant us a non-exclusive, worldwide, perpetual, irrevocable, royalty-free, sublicensable (through multiple tiers) right to do and authorise the doing of all acts comprised in the copyright and to exercise the 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. EZIauctions will only use Your Information in accordance with our Privacy Policy (located at http://www.eziauctions.com.au/content_pages.php?page=privacy). We need this to use and display your content.

Access and Interference.

Our 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 written permission. You agree that you will not use any device, software or routine to bypass our robot exclusion headers, or to interfere or attempt to interfere with the proper working of our Site or any transaction being conducted through 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 EZIauctions by our members 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 Site without the prior written permission of EZIauctions or of the party authorised to grant such permission.

Reputation.

Reputation (feedback) belongs to EZIauctions although we permit you to use it on our Site while you remain a member. You may not use it or deal with it in any way inconsistent with our Policies, without our prior written permission.

You may not do (or omit to do) anything that may undermine the integrity of the feedback system. We are entitled to suspend or terminate your membership at any time if we, in our sole and absolute discretion, are concerned by any feedback about you, or your feedback rating is considered to be problematic to EZIauctions.

8.1 Export. You acknowledge that your feedback consists of comments left by other members and a composite feedback number compiled by EZIauctions, and that the composite number without the comments does not convey your full user profile. Because feedback ratings belong to EZIauctions and are not designed for any purpose other than facilitating trading between eBay members, you may not use your eBay feedback (including, but not limited to, marketing or exporting your rating or feedback comments) in any real or virtual venue other than a website operated by EZIauctions or its related and affiliated companies

8.2 Import. We do not provide the technical ability to allow you to import feedback from other websites to EZIauctions because a composite number, without the corresponding feedback does not reflect your true online reputation within our community.

Breach.

WITHOUT LIMITING OTHER REMEDIES AVAILABLE TO EZIauctions AT LAW, IN EQUITY OR UNDER THIS AGREEMENT, 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 CHATBOARD POSTING ACTIVITIES), TEMPORARILY SUSPEND, INDEFINITELY SUSPEND OR TERMINATE YOUR MEMBERSHIP AND REFUSE TO PROVIDE OUR SERVICES TO YOU IF:

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.

Privacy.

EZIauctions has a Privacy Policy which applies to all members and forms part of this Agreement. Our current Privacy Policy is located at http://www.eziauctions.com.au/content_pages.php?page=privacy . You must read and accept our Privacy Policy upon registration in order to use our Site, and you will continue to be bound by its provisions (including any amendments we make to it) while you are a member of our Site.

We may, without notice to you, either before or after disclosure, disclose information about you to government or other authorities, as permitted by the Privacy Policy.

No warranty.

11.1 WE AND OUR SUPPLIERS PROVIDE OUR SITE AND SERVICES ON AN “AS IS” BASIS, AND WITHOUT ANY WARRANTY OR CONDITION, EXPRESS OR IMPLIED. TO THE EXTENT PERMITTED BY LAW, WE AND OUR SUPPLIERS SPECIFICALLY DISCLAIM ANY IMPLIED WARRANTIES OF TITLE, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT UNLESS WE ARE REQUIREED TO PROVIDE SUCH WARRANTIES UNDER APPLICABLE LAW. For example, consumers (as defined by consumer protection laws) may be entitled to the benefit of certain warranties under applicable trade practices or fair trading legislation in Australia. If you are considered a consumer under an Australian consumer protection law that applies to EZIauctions, you will be entitled to the benefit of certain warranties under that legislation. For more information on consumer protection laws, please visit www.accc.gov.au or the website of your state fair trading agency. Furthermore 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 our control. To the extent that such factors are outside of our control, EZIauctions shall not be liable.

11.2 To the extent that EZIauctions and all affiliates and related entities of EZIauctions are able to limit the remedies available under this Agreement, and subject to Clause 12 of this Agreement, EZIauctions and all affiliates and related entities of EZIauctions expressly limit their liability for breach of a non-excludable condition or warranty implied by virtue of any legislation to the following remedies (the choice of which is to be at EZIauctions' sole discretion):

a. in the case of goods, any one or more of the following:

b. in the case of services:

However, if you are considered a consumer under an Australian consumer protection law that applies to EZIauctions, and you use our services for personal, domestic or household use, this clause 11.2 will not apply to you. For more information on consumer protection laws, please visit www.accc.gov.au or the website of your state fair trading agency, or consult with a legal practitioner.

11.3 If you are a New Zealand resident and the New Zealand Consumer Guarantees Act 1993 would otherwise apply to you, you agree that the provisions of the Consumer Guarantees Act 1993 will not apply to the supply of our services or to this Agreement.

Liability limit.

12.1 TO THE EXTENT PERMITTED BY LAW IN NO EVENT SHALL WE (EZIauctions - Its registered owners, staff or anyone that works in the running of this website), OUR AFFILIATES AND RELATED ENTITIES 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). YOU AGREE TO ACCEPT SOLE RESPONSIBILITY FOR THE LEGALITY OF YOUR ACTIONS UNDER THE LAWS WHICH APPLY TO YOU. YOU AGREE THAT EZIauctions AND ALL AFFILIATES AND RELATED ENTITIES OF EZIauctions HAVE NO RESPONSIBILITY FOR THE LEGALITY OF OUR MEMBERS' ACTIONS.

TO THE EXTENT PERMITTED BY LAW, AND SUBJECT TO ANY CONTRARY REQUIREMENTS ARISING UNDER ANY APPLICABLE LAW, OUR LIABILITY, AND THE LIABILITY OF OUR RELATED BODIES CORPORATE, AFFILIATES OR SUPPLIERS, TO YOU OR ANY THIRD PARTIES IN ANY CIRCUMSTANCE IS LIMITED TO THE GREATER OF:

• THE AMOUNT OF FEES YOU PAY TO US IN THE 12 MONTHS PRIOR TO THE ACTION GIVING RISE TO LIABILITY; OR

• AUD$100.

12.2 Notwithstanding the above provisions, nothing in this Agreement is intended to limit or exclude any liability on the part of EZIauctions and its affiliates and related entities where and to the extent that applicable law prohibits such exclusion or limitation including those within the Trade Practices Act 1974 (Cth) and relevant state fair trading legislation. For example, if EZIauctions is found (by judgment of a court of competent jurisdiction) to have breached a warranty or condition implied by law, and you are considered a consumer for the purpose of that law, then the limitation of liability in clause 12.1 will not apply to you. For more information on consumer protection laws please visit www.accc.gov.au or the website of your state fair trading agency, or consult with a legal practitioner.

Indemnity

You agree to indemnify and hold us and (as applicable) our related entities, affiliates, and our and their respective officers, directors, agents, and employees, harmless from and against any and all claims, demands, proceedings, losses and damages (actual, special and consequential) of every kind and nature, known and unknown, including reasonable legal fees, made by any third party due to or arising out of your breach of this Agreement or your violation of any law or the rights of a third party.

Legal Compliance.

In addition to this Agreement, you must familiarise yourself with, and comply with the Policies, domestic laws (including common law) international laws, statutes, ordinances and regulations regarding your use of our services including bidding on, listing, purchase, solicitation of offers to purchase, and sale of items. In particular, you must ensure that your activities, items you list (which is part of Your Information), and the balance of Your Information do not violate the Broadcasting Services Act 1992 (Cth), the Trade Practices Act 1974 (Cth) and other relevant state-based fair trading legislation. For more information about this legislation and other legislation which may apply to you, you may wish to refer to http://www.austlii.edu.au.

Notwithstanding successful conclusion of a transaction you must ensure strict compliance with any particular formalities which, if not complied with, will either render a transaction void or unlawful (eg. the sale of interests in real property ordinarily requires a written document to be created).

YOU ALONE, AND NOT EZIauctions, 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 AGREEMENT AND THE POLICIES WHICH FORM PART OF THE AGREEMENT.

No agency.

No agency, partnership, joint venture, employee-employer, franchisor-franchisee or other similar relationship is intended to be or is created by this Agreement. In particular you have no authority to bind EZIauctions, its related entities or affiliates in any way whatsoever.

Notices.

Except as stated otherwise, any notices must be given by email driectly to admin@eziauctions.com.au we will only reply to the email address you provide to EZIauctions during the registration process (in your case). Alternatively, we may give you notice by certified airmail, postage prepaid and return receipt requested, to the address provided to EZIauctions during the registration process, or as updated by you as relevant. Any notice shall be deemed given (a) if sent by email, 24 hours after email is sent, unless the sending party is notified that the email address is invalid, (b) if sent by pre-paid post, three Business Days after the date of posting, and on the seventh Business Day if sent to or posted from outside Australia, and (c) if sent by facsimile transmission, on the Business Day the transmission is sent (as long as the sender has a confirmation report specifying the facsimile number listed above, the number of pages sent and the date of the transmission). For the purposes of this section, "Business Day" means a day on which banks are open for general business in Newcastle, New South Wales, other than a Saturday, Sunday or public holiday.

Mediation and Dispute Resolution.

We encourage you to try and resolve disputes with other members directly with them, to use a certified mediation (such as online dispute resolution processes) or an arbitration entity or to report disputes to your local police or law enforcement agency as appropriate.

Any controversy or claim arising out of, or in connection with, this Agreement between EZIauctions and you may be settled by independent, confidential mediation by reference to a commercial disputes centre, at either party’s election. You and EZIauctions agree to be bound by the outcome of such mediation. Each party will bear its own costs (and split equally any joint costs) of mediating the dispute

Important terms.

All Policies (as may be amended from time-to-time) are incorporated into this Agreement by reference. You must read and agree to these documents prior to becoming, and as a condition of remaining, a member of EZIauctions, and you agree to be bound by them. We particularly draw your attention to the Policies listed in the introductory section of this Agreement and those listed below:

18.1 Our Privacy Policy is located at

http://www.eziauctions.com.au/content_pages.php?page=privacy

The Site and its associated services set out in this Agreement are offered by Darren James Lockwood (The register and webmaster of: www.EZIauctions.com.au)

This Agreement will be governed in all respects by the laws of the State of New South Wales, Australia. You and EZIauctions irrevocably submit to the non-exclusive jurisdiction of the courts of New South Wales, Australia. The provisions of this Agreement are severable, and if any provision of this Agreement is held to be invalid or unenforceable, such provision may be removed and the remaining provisions will be enforced. This Agreement may be assigned by EZIauctions to a third party without your consent in the event of a sale or other transfer of some or all of the assets of EZIauctions. In the event of any sale or transfer you will remain bound by the Agreement. 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 an anticipated or actual breach by you or others does not waive our right to act with respect to subsequent or similar breaches. This Agreement may not be construed adversely against us solely because we prepared it. This Agreement sets out the entire understanding and agreement between us with respect to its subject matter. Sections 2 (Fees and Services), 3.3 (Release), 6 (Your Information), 7 (Access and Interference), 12 (Liability Limit), 13 (Indemnity) and 17 (Mediation and Dispute Resolution) will survive any termination or expiration of this Agreement.

Further Notice.

Commercially available parental control protections (such as computer hardware, software, or filtering services) may help you to limit access to material that is harmful to persons under the age of 18 years. If you are interested in learning more about these protections, information is available at http://www.netalert.org.au. This link is provided for information purposes only, and is not intended as an endorsement. EZIauctions is not affiliated with this web site or its operators.