This website (Site) is operated by Secure Impact Pty Ltd ABN 54 618 707 190 (we, our or us). It is available at: www.secureimpact.com.au and may be available through other addresses or channels. 

Consent: By accessing and/or using our Site, you agree to these terms of use and our Privacy Policy available on our Site. (Terms). Please read these Terms carefully and immediately cease using our Site if you do not agree to them.

Variations: We may, at any time and at our discretion, vary these Terms by publishing the varied terms on our Site. We recommend you check our Site regularly to ensure you are aware of our current terms. Materials and information on this Site (Content) are subject to change without notice. We do not undertake to keep our Site up-to-date and we are not liable if any Content is inaccurate or out-of-date.

Licence to use our Site: We grant you a non-exclusive, royalty-free, revocable, worldwide, non-transferable licence to use our Site in accordance with these Terms. All other uses are prohibited without our prior written consent.

Prohibited conduct: You must not do or attempt to do anything: that is unlawful; prohibited by any laws applicable to our Site; which we would consider inappropriate; or which might bring us or our Site into disrepute, including (without limitation):

(a) anything that would constitute a breach of an individual’s privacy (including uploading private or personal information without an individual's consent) or any other legal rights;

(b) using our Site to defame, harass, threaten, menace or offend any person;

(c) interfering with any user using our Site;

(d) tampering with or modifying our Site, knowingly transmitting viruses or other disabling features, or damaging or interfering with our Site, including (without limitation) using trojan orses, viruses or piracy or programming routines that may damage or interfere with our Site;

(e) using our Site to send unsolicited email messages; or

(f) facilitating or assisting a third party to do any of the above acts.

Exclusion of competitors: You are prohibited from using our Site, including the Content, in any way that competes with our business.

Information: The Content is not comprehensive and is for general information purposes only. It does not take into account your specific needs, objectives or circumstances, and it is not advice. While we use reasonable attempts to ensure the accuracy and completeness of the Content, we make no representation or warranty in relation to it, to the maximum extent permitted by law.

Intellectual Property rights: Unless otherwise indicated, we own or licence all rights, title and interest (including intellectual property rights) in our Site and all of the Content. Your use of our Site and your use of and access to any Content does not grant or transfer to you any rights, title or interest in relation to our Site or the Content. You must not:

(a) copy or use, in whole or in part, any Content;

(b) reproduce, retransmit, distribute, disseminate, sell, publish, broadcast or circulate any Content to any third party; or

(c) breach any intellectual property rights connected with our Site or the Content, including (without limitation) altering or modifying any of the Content, causing any of the Content to be framed or embedded in another website or platform, or creating derivative works from the Content.



User Content: You may be permitted to post, upload, publish, submit or transmit relevant information and content (User Content) on our Site. By making available any User Content on or through our Site, you grant to us a worldwide, irrevocable, perpetual, non-exclusive, transferable, royalty-free licence to use the User Content, with the right to use, view, copy, adapt, modify, distribute, license, sell, transfer, communicate, publicly display, publicly perform, transmit, stream, broadcast, access, or otherwise exploit such User Content on, through or by means of our Site.

You agree that you are solely responsible for all User Content that you make available on or through our Site. You represent and warrant that:

(a) you are either the sole and exclusive owner of all User Content or you have all rights, licences, consents and releases that are necessary to grant to us the rights in such User Content (as contemplated by these Terms); and

(b) neither the User Content nor the posting, uploading, publication, submission or transmission of the User Content or our use of the User Content on, through or by means of our Site will infringe, misappropriate or violate a third party’s intellectual property rights, or rights of publicity or privacy, or result in the violation of any applicable law or regulation.

We do not endorse or approve, and are not responsible for, any User Content. We may, at any time (at our sole discretion), remove any User Content.

Rights of Content

The users themselves retain the right to all text, pictures and other content that they create in the service. The users allow others to utilise the content in accordance with the nature of the service and furthermore allow the service provider to file information and data and make changes that are necessary for the service or the study, however other rights are not transferred from the users, unless specifically otherwise agreed. The responsibility of the content lies with the user, who has produced it to the service. The service provider has the right to remove any material when it deems it necessary.

Disclaimer

No guarantees of the functioning of the service are given. The users are themselves responsible for their actions in the service and they should estimate the reliability of other users before dealing with them. The service provider can under no circumstances be liable for damage that is caused to the user. The user may not store any information or data in the service, and expect it to remain there.

The Removal of a User

The service provider has the right to remove any users from the site and terminate their right of use of the service without any specific reason and without being liable for compensation.

Third party sites: Our Site may contain links to websites operated by third parties. Unless expressly stated otherwise, we do not control, endorse or approve, and are not responsible for, the content on those websites. You should make your own investigations with respect to the suitability of those websites.

Discontinuance: We may, at any time and without notice to you, discontinue our Site, in whole or in part. We may also exclude any person from using our Site, at any time and at our sole discretion. We are not responsible for any Liability you may suffer arising from or in connection with any such discontinuance or exclusion.



Warranties and disclaimers: To the maximum extent permitted by law, we make no representations or warranties about our Site or the Content, including (without limitation) that:

(a) they are complete, accurate, reliable, up-to-date and suitable for any particular purpose;

(b) access will be uninterrupted, error-free or free from viruses; or

(c) our Site will be secure.

You read, use and act on our Site and the Content at your own risk.

Limitation of liability: To the maximum extent permitted by law, we are not responsible for any loss, damage or expense, howsoever arising, whether direct or indirect and/or whether present, unascertained, future or contingent (Liability) suffered by you or any third party, arising from or in connection with your use of our Site and/or the Content and/or any inaccessibility of, interruption to or outage of our Site and/or any loss or corruption of data and/or the fact that the Content is incorrect, incomplete or out-of-date.

Indemnity: To the maximum extent permitted by law, you must indemnify us, and hold us harmless, against any Liability suffered or incurred by us arising from or in connection with your use of our Site or any breach of these Terms or any applicable laws by you. This indemnity is a continuing obligation, independent from the other obligations under these Terms, and continues after these Terms end. It is not necessary for us to suffer or incur any Liability before enforcing a right of indemnity under these Terms.

Termination: These Terms are effective until terminated by us, which we may do at any time and without notice to you. In the event of termination, all restrictions imposed on you by these Terms and limitations of liability set out in these Terms will survive.

Disputes: In the event of any dispute arising from, or in connection with, these Terms (Dispute), the party claiming there is a Dispute must give written notice to the other party setting out the details of the Dispute and proposing a resolution. Within 7 days after receiving the notice, the parties must, by their senior executives or senior managers (who have the authority to reach a resolution on behalf of the party), meet at least once to attempt to resolve the Dispute or agree on the method of resolving the Dispute by other means, in good faith. All aspects of every such conference, except the fact of the occurrence of the conference, will be privileged. If the parties do not resolve the Dispute, or (if the Dispute is not resolved) agree on an alternate method to resolve the Dispute, within 21 days after receipt of the notice, the Dispute may be referred by either party (by notice in writing to the other party) to litigation.

Severance: If a provision of these Terms is held to be void, invalid, illegal or unenforceable, that provision must be read down as narrowly as necessary to allow it to be valid or enforceable. If it is not possible to read down a provision (in whole or in part), that provision (or that part of that provision) is severed from these Terms without affecting the validity or enforceability of the remainder of that provision or the other provisions in these Terms.


Jurisdiction: Your use of our Site and these Terms are governed by the laws within Australia. You irrevocably and unconditionally submit to the exclusive jurisdiction of the courts operating in Australia and any courts entitled to hear appeals from those courts and waive any right to object to proceedings being brought in those courts.

Our Site may be accessed throughout Australia and overseas. We make no representation that our Site complies with the laws (including intellectual property laws) of any country outside Australia. If you access our Site from outside Australia, you do so at your own risk and are responsible for complying with the laws of the jurisdiction where you access our Site.

For any questions and notices, please contact us at:

Secure Impact Pty Ltd ABN 54 618 707 190

Email: [email protected]

Last update: 30th May 2019

Website Terms of Use provided by LegalVision.com.au

About Secure Impact Marketplace, Auction & SecureX Exchange

A new marketplace that allows our users to offer, sell and buy just about anything including livestock, water and property tender in a variety of pricing formats and locations. The actual contract for sale is directly between the seller and buyer.

Its our goal and continued effort to provide you with a safe and friendly auction/sales environment and low seller fees!!!

While we may provide pricing, shipping, listing, sourcing, and other guidance in our Services, such guidance is solely informational and you may decide to follow it or not. Also, while we may help facilitate the resolution of disputes through various programs, MPA has no control over and does not guarantee the existence, 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.

Using SecureX Exchange

*Members must be 18 years of age or older to buy or sell on SecureX Exchange and have a VALID/CONFIRMED Account* * additional ID for property auction.

In connection with using or accessing the Services you will not:

post, list or upload content or items in inappropriate categories or areas on our sites;

breach or circumvent any laws, third-party rights or our systems, policies, or determinations of your account status;

use our Services if you are not able to form legally binding contracts (for example, if you are under 18 years old), or are temporarily or indefinitely suspended from using our sites, services, applications or tools;

fail to pay for items purchased by you, unless you have a valid reason as set out in an SecureX Exchange policy, for example, the seller has materially changed the item's description after you bid, a clear typographical error is made, or you cannot contact the seller.

fail to deliver items sold by you, unless you have a valid reason as set out in an SecureX Exchange policy, for example, the buyer fails to comply with the transport and sale terms in your listing or you cannot contact the buyer;

manipulate the price of any item or interfere with any other user's listings;

post false, inaccurate, misleading, deceptive, defamatory, or libelous content;

take any action that may undermine the feedback or ratings systems .

transfer your SecureX Exchange account (including Feedback) and user ID to another party without our consent;

distribute or post spam, unsolicited or bulk electronic communications, chain letters, or pyramid schemes;

distribute viruses or any other technologies that may harm SecureX Exchange or the interests or property of users;

use any robot, spider, scraper, data mining tools, data gathering and extraction tools, or other automated means to access our Services for any purpose, except with the prior express permission of SecureX Exchange;

interfere with the working of our Services, or impose an unreasonable or disproportionately large load on our infrastructure;

export or re-export any SecureX Exchange application or tool, except in compliance with the export control laws of any relevant jurisdictions and in accordance with posted rules and restrictions;

infringe the copyright, trademark, patent, publicity, moral, database, and/or other intellectual property rights (collectively, "Intellectual Property Rights") that belong to or are licensed to SecureX Exchange. Some, but not all, actions that may constitute infringement are reproducing, performing, displaying, distributing, copying, reverse engineering, decompiling, disassembling, or preparing derivative works from content that belongs to SecureX Exchange or someone else;

infringe any Intellectual Property Rights that belong to third parties affected by your use of the Services or post content that does not belongs to you;

commercialise any SecureX Exchange application or any information or software associated with such application, except with the prior express permission of SecureX Exchange;

harvest or otherwise collect information about users without their consent; or circumvent any technical measures we use to provide the Services.

Sellers must meet SecureX Exchange Seller Standard. Failure to comply and meet with this can result in but not limited to, restricted, suspending, or downgrading your seller account.

If we believe you are abusing SecureX Exchange in any way, we may, in our sole discretion and without limiting other remedies, limit, suspend, or terminate your user account(s) and access to our Services, delay or remove hosted content, remove any special status associated with your account(s), remove, not display, and/or demote listings, reduce or eliminate any discounts, and take technical and/or legal steps to prevent you from using our Services.

If we believe you are violating the policy on SecureX Exchange you may be subject to a range of actions, including limits on your buying and selling privileges, restrictions on listings and account features, suspension of your account, application of fees, and recovery of expenses for policy monitoring and enforcement. If you are a seller, you are liable for transaction fees arising out of all sales made using some or all SecureX Exchange Services, even if sales terms are finalised or payment is made outside of SecureX Exchange.

We may cancel unconfirmed accounts or accounts that have been inactive for a long time or modify or discontinue our Services. Additionally, we reserve the right to refuse or terminate all or part of our Services to anyone for any reason at our discretion.

SecureX Exchange Policy Enforcement

When a buyer or seller issue arises, we may consider the user's performance history and the specific circumstances in applying our policies. We may choose to be more lenient with policy enforcement in an effort to do the right thing for both buyers and sellers. SecureX Exchange reserves the right to cancel any members account as it see fit at anytime without prior notice or warning.This also applies to any members Auction,Fixed Price or Classified posting if it is determined to be in SecureX Exchange policy violation.

SecureX Exchange Fees

Our goal here at SecureX Exchange is to provide our members with a safe and friendly auction/sales platform and to keep more of your money in your pocket!!! Seller fees at SecureX Exchange are 1.1 percent of the "final sale price of an auction or of any fixed price sale. Sellers are responsible for fees associated with any and all sales. The 1.1 percent is taken directly from the buyers payment upon receipt (No Monthly Billing). You also have the option to make your Auction/Buy Now sales post a "Premium" post at the cost or you may "Highlight" your Auction/Buy Now for the cost of AU dollar per single listing. These two options are solely at the members discretion and are not required to post your Auction/Buy Now ad. These fees are subject to change at anytime.



-FREE MEMBERSHIP STARTER LEVEL

-ZERO INSERTION FEE ON ALL LISTINGS

-MEMBER STOREFRONTS

-LOWER SELLER FEE

-MEMBER ALERTS

-NO MONTHLY BILLING

-SELLER FEE

-BUYER FEE & SELLER FEE OPTION IN THE INVITE ONLY

-KEEP MORE OF YOUR MONEY


Listing Conditions for SecureX Exchange


When listing an item, you agree to comply with SecureX Exchange Listing/Selling Policies

You are responsible for the accuracy and content of the listing and item or items offered.

Your listing may not be immediately searchable by keyword or category for several hours (or up to 24 hours in some circumstances). SecureX Exchange can't guarantee exact listing durations.

Content that violates any of SecureX Exchange policies may be deleted at SecureX Exchange discretion.

We may revise data in the SecureX Exchange product catalogue to supplement, remove, or correct information; if your listing uses catalogue data that has been revised, those revisions may modify your listing accordingly.

We strive to create a marketplace where buyers find what they are looking for. Therefore, the appearance or placement of listings in search and browse results will depend on a variety of factors, including, but not limited to:

buyer's location, search query, browsing site, and history;

item's location, listing format, price and shipping cost, terms of service, end time, history, and relevance to the user query;

seller's history, including listing practices, Detailed Seller Ratings, SecureX Exchange policy compliance, Feedback, and defect rate; and

number of listings matching the buyer's query.

To drive a positive user experience, a listing may not appear in some search and browse results regardless of the sort order chosen by the buyer.

Some advanced listing upgrades will only be visible on certain Services.

Metatags and URL links that are included in a listing may be removed or altered so as to not affect third-party search engine results.

We may provide you with optional recommendations to consider when creating your listings. Such recommendations may be based on the aggregated sales and performance history of similar sold and current listings; results will vary for individual listings. To drive the recommendations experience, you agree that we may display the sales and performance history of your individual listings to other sellers.

SecureX Exchange Purchase Conditions


All Payments, Transactions and Disputes will be handled through our online platform.

SecureX Exchange uses PayPal and accepts all payments through PayPal and Stripe.

All members and users of SecureX Exchange are required to have a valid and confirmed PayPal account.

As all payments are made through PayPal it is the sole responsibility of each member to ensure that they can make and or receive payment or payments via PayPal

When buying an item, you agree to:

You are responsible for reading the full item listing before making a bid or commitment to buy. You are solely responsible for any bid, commitment or agreement made within the auction/buy now parameters.

You enter into a legally binding contract to purchase an item when you commit to buy an item, your offer for an item is accepted, or if you have the winning bid (or your bid is otherwise accepted).

We do not transfer legal ownership of items from the seller to the buyer.

You as the consumer are strongly urger to ask for futher detail or message any seller for information such as...description,pictures or any other information that may pertain to an item or shipping information.

International Buying and Selling on SecureX Exchange

Sellers and buyers are responsible for complying with all laws and regulations applicable to the international sale, purchase, and shipment of items.

It is completely up to the seller and the sellers sole discretion whether or not he/she will sell and or ship internationally. If the seller chooses to sell and ship to international customers the seller is fully responsible for providing international buyers with all proper shipping pricing and options.

You may restrict international buyers from purchasing your items if you explicitly exclude international shipping from your listings and apply an exclusion list to your listings. This is solely up to the seller and may change at the sellers discretion at anytime.

Holds

To protect SecureX Exchange from risk of liability for your actions as a seller, SecureX Exchange has at times recommended, and may continue to recommend, that PayPal restrict access to funds in a seller's PayPal account based on certain factors, including, but not limited to, selling history, seller performance, returns, riskiness of the listing category, transaction value. This may result in PayPal restricting funds in your PayPal account.

Additional Terms

Returns and Cancellations

Sellers can create rules to automate replacements, returns, and refunds under certain circumstances.

When an item is returned, to refund the buyer, you (as seller) authorize to request that PayPal remove the refund amount (in same or other currency) from your PayPal account, place the amount on your invoice, and/or charge your payment method on file.

The cost of return shipping for an item that is not as described is the seller's responsibility.

A transaction is cancelled, to refund the buyer, you (as seller) are required to ensure that the buyer receives a full refund.

All disputes should be handled through PayPal's Dispute Resolution Center Follow the link below and sign into your Paypal account.

https://www.paypal.com/disputes/

SecureX Exchange Disclaimer of Warranties; Limitation of Liability

You agree that you are making use of our Services at your own risk, and that they are being provided to you on an "AS IS" and "AS AVAILABLE" basis. Accordingly, to the extent permitted by applicable law, we exclude all express or implied warranties, terms and conditions including, but not limited to, implied warranties of merchant ability, fitness for a particular purpose, and non-infringement.

In addition, to the extent permitted by applicable law, we (including our parent, subsidiaries, and affiliates, and our and their officers, directors, agents and employees) are not liable, and you agree not to hold us responsible, for any damages or losses (including, but not limited to, loss of money, goodwill or reputation, profits, other intangible losses, or any special, indirect, or consequential damages) resulting directly or indirectly from:

the content you provide (directly or indirectly) using the Services;

your use of or your inability to use our Services;

pricing, shipping, format, or other guidance provided by SecureX Exchange ;

delays or disruptions in our Services;

viruses or other malicious software obtained by accessing or linking to our Services;

glitches, bugs, errors, or inaccuracies of any kind in our Services;

damage to your hardware device from the use of any SecureX Exchange Service;

the content, actions, or inaction of third parties, including items listed using our Services or the destruction of allegedly fake items;

a suspension or other action taken with respect to your account or breach of the Abusing SecureX Exchange Section above;

the duration or manner in which your listings appear in search results as set out in the Listing Conditions Section above; or

your need to modify practices, content, or behaviour, or your loss of or inability to do business, as a result of changes to this User Agreement or our policies.

Some jurisdictions do not allow the disclaimer of warranties or exclusion of damages, so such disclaimers and exclusions may not apply to you.

Release

If you have a dispute with one or more users, you release us (and our affiliates and subsidiaries, and our and their respective officers, directors, employees and agents) 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. In entering into this release you expressly waive any protections (whether statutory or otherwise) that would otherwise limit the coverage of this release to include only those claims which you may know or suspect to exist in your favour at the time of agreeing to this release.

Indemnity

You will indemnify and hold us (including our affiliates and subsidiaries, as well as our and their respective officers, directors, employees, agents) harmless from any claim or demand, including reasonable legal fees, made by any third party due to or arising out of your breach of this Agreement, your improper use of SecureX Exchange Services or your breach of any law or the rights of a third party. Most Powerful Auctions will not be held accountable for such actions.


General

Except as otherwise provided in this Agreement, if any provision of this User Agreement is held to be invalid, void or for any reason unenforceable, such provision shall be struck out and shall not affect the validity and enforceable of the remaining provisions. In our sole discretion, we may assign this User Agreement, and in such event, we will post notice on www.secureimpact.com.au.

Headings are for reference purposes only and do not limit 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. We do not guarantee we will take action against all breaches of this User Agreement.

We may amend this User Agreement at any time by posting the amended terms on www.secureimpact.com.au. Our right to amend the User Agreement includes the right to modify, add to, or remove terms in the User Agreement. We will provide you 30 days' notice by posting the amended terms. Additionally, we will notify you through email. Your continued access or use of our Services constitutes your acceptance of the amended terms. We may also ask you to acknowledge your acceptance of the User Agreement through an electronic click-through. This User Agreement may not otherwise be amended except through mutual agreement by you and an SecureX Exchange representative who intends to amend this User Agreement and is duly authorised to agree to such an amendment.

The policies posted on our sites may be changed from time to time. Changes take effect when we post them on the SecureX Exchange site.

If you create or use an account on behalf of a business entity, you represent that you are authorised to act on behalf of such business and bind the business to this User Agreement. Such account is owned and controlled by the business entity. No agency, partnership, joint venture, employee-employer or franchiser-franchisee relationship is intended or created by this User Agreement.

The User Agreement, the User Privacy Notice, and all polices posted through our Services set forth the entire understanding and agreement between you and SecureX Exchange, and supersede all prior understandings and agreements of the parties.

The following Sections survive any termination of this User Agreement: Fees, Content, Disclaimer of Warranties; Limitation of Liability; Release, Indemnity, Legal Disputes, and General.


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