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Terms & Conditions
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PLEASE READ THESE TERMS OF USE CAREFULLY BEFORE USING THIS SITE.
By using the Ozsports.info site you signify your assent to the following terms (“Terms of Use”). Please do not use this site if you do not agree to these Terms of Use.
Please note that these Terms of Use are subject to change and that we may modify them from time to time without notice. We ask that you bookmark and periodically review this page to ensure continuing familiarity with the most current version of these Terms of Use. Please e-mail us at admin@ozsports.info to contact us about these Terms of Use.
WITHOUT LIMITATION, OZSPORTS.INFO’ SERVICES ARE NOT AVAILABLE TO MINORS. PLEASE DO NOT USE THIS SITE IF YOU ARE A MINOR.
1. You agree that you may not use, quote, copy, distribute, broadcast or publish on any medium now known or hereinafter devised any text, content, graphics, video clips or still photographs contained in this site without the prior express written authorization of Ozsports Service Group Pty Ltd, an Australian Company (“Ozsports.info” or “we” or “us”), which grants authorization in Ozsports.info’ sole discretion on a case-by-case basis. To contact Ozsports.info regarding obtaining such authorization, please email us at admin@Ozsports.info.
2. You agree to indemnify and hold Ozsports.info and Ozsports.info’ subsidiaries, affiliates, officers, agents, co-branders or other partners and employees harmless from and against any claim, expenses and costs, including reasonable attorneys’ fees, made by any third party due to or arising out of your use of the services provided on the Ozsports.info site, your violation of any term or condition of these Terms of Use, the Domain Name Registration Agreement, the Independent Marketing Affiliate Agreement, other published guidelines, or your violation of any rights of another party.
3. You agree that Ozsports.info makes no guarantee of the availability of any services provided on the Ozsports.info site and may, at any time, or from time to time, modify or discontinue, temporarily or permanently, any services provided on this site without notice to you. You understand that Ozsports.info shall not be liable to you or to any third party for any modification, suspension or discontinuance of any services provided on this site.
4. You agree that Ozsports.info’ reference to any products, services, processes, hypertext links to third parties or other information by trade name, trademark, manufacturer, supplier or otherwise does not imply endorsement, sponsorship, or recommendation by Ozsports.info. You understand and acknowledge that Ozsports.info makes no representations or warranties whatsoever about other sites which you may access through this site or the content, products, services or materials made available through any such third-party sites and you acknowledge and agree that Ozsports.info will not be liable to you or any third party for claims arising from or in connection with such third-party products and services. You hereby disclaim and waive any rights and claims you may have against Ozsports.info with respect to third-party products and services, to the maximum extent permitted by law.
5. You agree that Ozsports.info shall have no liability to you for any and all loss you may incur resulting from or in connection with, but not limited to: (a) Access delays or access interruptions; (b) data non-delivery; (c) acts of nature; (d) errors, omissions or
misstatements in any and all information or services provided under these Terms of Use; (e) deletion or failure to store e-mail messages, programs, or other data; (f) the development or interruption of your Web site; or (g) any action or omission of a third party with whom you enter into an agreement as a result of any promotion, advertisement or sponsorship related to, or in connection with, any service(s) of Ozsports.info. You agree that your sole and exclusive remedy for any damages incurred by your use, or inability to use, this Web site shall be limited to Two Hundred Australian Dollars (AU$200). Furthermore, Ozsports.info and Ozsports.info’ contractors and affiliates shall not be liable for any direct, indirect, incidental, special or consequential damages, or for any loss of revenue, profits or data, arising in connection with your use, or inability to use, this Web site. Because some states do not allow the exclusion or limitation of liability for consequential or incidental damages, in such states, Ozsports.info’ liability is limited to the extent permitted by applicable law.
6. Ozsports.info expressly disclaims all warranties of any kind, whether express or implied, including but not limited to, the implied warranties of merchantability, fitness for a particular purpose and non-infringement. Ozsports.info makes no warranty that Ozsports.info’ service(s) will meet your requirements, or that such service(s) will be uninterrupted, timely, secure, or error free; nor does Ozsports.info make any warranty as to the results that may be obtained from the use of Ozsports.info’ service(s). No advice or information, whether oral or written, obtained by you from Ozsports shall create any warranty not expressly made herein. To the extent jurisdictions do not allow the exclusion of certain warranties, some of the above exclusions may not apply to you.
7. Recognizing the global nature of the Internet, you agree to comply with all local rules regarding online conduct and use of this site. The Ozsports.info site is solely directed to individuals. We make no representation that materials in the Ozsports.info site are appropriate or available for use in other locations. Specifically, you agree to comply with all applicable laws regarding the transmission of technical data exported from or the country in which you reside. Those who choose to access the Ozsports.info site from other locations do so on their own initiative and at their own risk, and are responsible for compliance with local laws, if and to the extent local laws are applicable. Any software downloaded from the Ozsports.info site is further subject to’s export controls. No such software may be downloaded or otherwise exported or re-exported (a) into (or to a national or resident of) any country to which Australia has embargoed goods; By downloading or using any such software, you represent and warrant that you are not located in, under the control of, or a national or resident of any such country.
We reserve the right to limit the availability of the Ozsports.info site and/or the provision of any service, program, film, or other product described thereon to any person, geographic area, or jurisdiction it so desires, at any time and in our sole discretion, and to limit the quantities of any such service, program, film, or other product that we provide.
8. You understand that Ozsports.info is based in NSW, and that the formation, construction and interpretation of these Terms of Use and the relationship between Ozsports.info and you shall be controlled by the laws of NSW without reference to
NSW conflict of law principles. You and Ozsports.info agree to submit to the personal and exclusive jurisdiction and venue of the state and federal courts located within NSW, . Ozsports.info’ failure to exercise or enforce any right or provision of these Terms of Use shall not constitute a waiver of such right or provision. If any provision of these Terms of Use or the application of such provision to any person or circumstance shall be held invalid, the remainder of these Terms of Use or the application of such provision to persons or circumstances other than those to which it is held invalid shall not be affected thereby.
9. Ownership and Restrictions on Use. ©2006 Ozsports Service Group Pty Ltd All Rights Reserved. The Parent Ozsports.info site is owned and operated by us in conjunction with others pursuant to contractual arrangements. You may not copy, reproduce, republish, upload, post, transmit or distribute materials from the Parent Ozsports.info site in any way, without our prior written permission. Modification of the materials or use of the materials for any other purpose is a violation of our copyright and other proprietary rights, and is strictly prohibited. You acknowledge that you do not acquire any ownership rights of the Parent Ozsports.info site by using the Ozsports.info site.
10. Ozsports Services Group Pty Ltd is a duly Registered Company with the Australian Security and Investment Commission and complies with its provisions. Ozsports.info’ designated agent is:
Jamie O’Leary
Ozsports Services Group Pty Ltd
ABN 1114772397
NSW, 2261
0416024370
Email admin@Ozsports.info
Ozsports.info disclaims any intention to censor, edit or engage in ongoing review of communications on the Ozsports.info Web site, Ozsports.info will block access to and remove any material on Ozsports.info servers that we believe in good faith to be copyrighted material that has been illegally copied and distributed by any Ozsports.info customer. The customer accounts and privileges of repeat infringers of copyright, or customers who repeat claims of copyright infringement received, will be terminated.
Procedure for Reporting Copyright Infringements
(a) Effective Notice: To be effective, a notification of claimed infringement must be a written communication provided to Ozsports.info’ designated agent and must include
substantially the following: (i) a physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed; (ii) identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works at a single online site are covered by a single notification, a representative list of such works at that site; (iii) identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled, and information reasonably sufficient to permit us to locate the material; (iv) information reasonably sufficient to permit us to contact the complaining party, such as an address, telephone number, and, if available, an electronic mail address at which the complaining party may be contacted; (v) a statement that the complaining party has a good-faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agents, or the law; and (vi) a statement that the information in the notification is accurate and, under penalty of perjury, that the complaining party is authorized to act on behalf of the owner of an exclusive right that is allegedly infringed. If you believe in good faith that a notice of copyright infringement has been wrongly filed against you, the Department permits you to send the Company a counter-notice. Notices and counter-notices must meet the then-current statutory requirements imposed by the Department; see http://www.ag.gov.au/ for details.
(b) What We Will Do. Once the required information is received we will: (i) remove or block access to the infringing material; (ii) notify Ozsports.info’ customer of Ozsports.info’ action; and (iii) if Ozsports.info’ customer sends us a counter-notification as provided for in the Department: (A) send a copy of the counter-notification to the person making the claim; and (B) inform the person making the claim that we will replace the blocked or removed material in ten business days, unless the person making the claim notifies us that such person has filed an action seeking a court order to restrain the customer from engaging in the infringing activity relating to the material on Ozsports.info’ system or network.
Links to Third Party Sites
This Site contains links to other websites that are not under the control of or maintained by OZSPORTS.INFO. Such links do not constitute an endorsement by OZSPORTS.INFO of those websites. You acknowledge that OZSPORTS.INFO is providing these links to you only as a convenience. OZSPORTS.INFO is not responsible for the content of such websites. Your use of other websites is subject to the terms of use and privacy policies located on the linked websites.
Restricted Areas of the Site
Certain functions of the Site are restricted to authorized users or require you to provide personal information (“Restricted Areas”). You are entirely responsible for maintaining the confidentiality of your password and your account information, if any, and agree to notify OZSPORTS.INFO if the password is lost, stolen, disclosed to an unauthorized third party, or otherwise may have been compromised. You agree that you are entirely responsible for any and all activities which occur under your account, including, without limitation, any fees which may be incurred under your password-protected account, whether or not you are the individual who undertakes such activities. You agree to immediately notify OZSPORTS.INFO of any unauthorized use of your account or any other breach of security in relation to the Site known to you.
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• Privacy Policy
Ozsports Service Group Pty Ltd, a Australian Company (“Ozsports.info” or “we” or “us”), provides registration services in addition to services through www.Ozsports.info (“our site” or “the site”) and is committed to implementing measures designed to protect the privacy of those using its services.
We collect information from users and members of our site. Except as set forth within this Privacy Policy, the Terms of Use, the Registration Agreement, ); the Independent Marketing Affiliate Agreement, and other published guidelines, we do not release personally identifiable information about users or members of our site without their permission.
Please note that we review and modify our privacy practices from time to time, and that those practices are therefore subject to change. We ask that you bookmark and periodically review this page to ensure continuing familiarity with the most current version of our Privacy Policy. To contact us about our Privacy Policy, please e-mail us at admin@Ozsports.info.
The information we gather and how we use it.
We gather two types of information about the users and members of our site: non-personally identifiable and personally identifiable information. When visitors come to our site, we may collect and aggregate non-personally identifiable information indicating, among other things, which pages were visited, the order in which they were visited, and which hyperlinks were clicked. Collecting such information involves the logging of IP addresses, operating system and browser software used by each visitor to the site. Although such information is not personally identifiable, we can determine from the IP address a visitor’s Internet Service Provider and the geographic location of his or her point of connectivity.
The non-personally identifiable information we collect helps us, among other things, to monitor our internal operations, improve our services, identify the most popular areas of our site and determine the effectiveness of our services and promotional activities. It also helps us make available quality, more useful online services by performing statistical analyses of the collective characteristics and behavior of the users of our site, and by measuring demographics and interests regarding specific areas of our site. We provide statistical information based on this data to advertisers, affiliates, and other current and potential promotional partners.
We may also use cookies which allow us to serve visitors of our site better and more efficiently. Cookies are small text files placed on a visitor’s computer’s hard drive if permitted by the browser. Cookies, among other things, make it easier for users to access our site and services, and help us track the pages that visitors go to, determine the length of time visitors spend at any particular area of the site, and track the services visitors choose to use. Cookies are only read by the server that placed them, and are unable to read data from hard disks, execute any code, send you viruses or destroy your files. For information on how and whether cookies will be accepted by your web browser, please refer to the documentation accompanying your browser.
We do not collect any information that personally identifies you unless you knowingly and willingly provide it. We explicitly ask for information that personally identifies you. For example, when registering); to become an independent marketing affiliate or registering for a personal account, we require that you provide us with certain personally identifiable information ranging from basic contact information to payment information. Also, you may have the option to complete a survey about yourself, your interests and other information about yourself that will help us, our promotional partners and advertisers offer you value-added products and services which we believe will be of interest to you.
Although you may not “opt out” of the registration process if you wish to become a member of the site or an independent marketing affiliate, you may choose to “opt out” of receiving promotional materials not directly related to services provided by us and our affiliates, advertisers, or other business partners. If you do not “opt out” of receiving such promotional materials, we reserve the right to release any personally identifiable registration information regarding you to third parties who provide goods or services that we believe may be of interest to you. If you decide that you would like to discontinue receiving promotional information from such third parties, please contact those third parties directly, or contact us at admin@Ozsports.info and we will advise such third parties that you wish to discontinue receiving their promotional information. Note, however, that we cannot and do not assume any responsibility for any actions or omissions of third parties, including the manner in which they use information received either from Ozsports.info or independently.
We use personally identifiable information to operate this site, and we may occasionally inform you of new features, services, promotions and products available on this site offered by us and our promotional partners. We limit our own e-mail solicitations to those users or members who have not “opted out” of receiving such communications. Our solicitations are limited in that they, among other things, will clearly indicate the originator of the e-mail and provide the customer with a method of “opting out” of receiving future communications of a similar nature. If you decide that you would like to discontinue receiving information from us about new features, services, promotions and products, please contact us at admin@Ozsports.info.
We reserve the right to disclose information contained within our access logs concerning any user or member as we reasonably feel is necessary to protect our systems or business. Specifically, but without limitation, we reserve the right to disclose such when a visitor or member is in violation of our Terms of Use, the Registration Agreement, ); the Independent Marketing Affiliate Agreement or other published guidelines, or partakes (or is reasonably suspected of partaking) in any illegal activity, even without a subpoena, warrant, or other court order, and to disclose such information in response to court and governmental orders, civil subpoenas, discovery requests, and as otherwise required by law. We cooperate with law enforcement agencies in identifying those who may be using our servers or services for illegal activities. We also reserve the right to report any suspected illegal activity to law enforcement for investigation or prosecution, or to suspend or terminate your membership in connection with any suspected illegal activity. Additionally, we reserve the right to disclose the name of the Affiliate or Business Listing and such Affiliates or Business Listing’s registered name.
Changing personal information.
You have the ability to change or correct certain information in our records, such as your contact information by signing in at login and adding your user name and password sent to you when site was approved. You may change this information at any time. If you have any questions about correcting or changing your information, please contact us at admin@Ozsports.info.
· Legal Disclaimer
Information on our web site, and the individual sites of our subscribers, may contain inaccuracies or typographical errors. Information may be changed or updated without notice. This web site does not constitute an offer or contract.
Ozsports Service Group Pty Ltd makes no representations whatsoever about other web sites that you may access through this one or services and actions of any third party that participates, from time to time, in any promotion, advertisement or sponsorship with Ozsports Service Group Pty Ltd When you access a non-Ozsports Service Group Pty Ltd web site (a Business Listing), you understand and agree that it is independent from Ozsports Service Group Pty Ltd, and that Ozsports Service Group Pty Ltd has no control over the content on that web site. Similarly, when you use any services of any third party, you understand and agree that it is independent from Ozsports Service Group Pty Ltd, and that Ozsports Service Group Pty Ltd has no control over the services offered by, or the actions of, such third party. In addition, a link to a non-Ozsports Service Group Pty Ltd web site does not mean that Ozsports Service Group Pty Ltd endorses or accepts any responsibility for the content, use, or products and services made available through such web site.
IN NO EVENT WILL OZSPORTS SERVICE GROUP PTY LTD BE LIABLE TO ANY PARTY FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES FOR ANY USE OF THIS WEB SITE, A BUSINESS LISTING CONTAINED ON THE OZSPORTS.INFO SITE OR ANY OTHER HYPERLINKED WEB SITE, INCLUDING, WITHOUT LIMITATION, ANY LOST PROFITS, BUSINESS INTERRUPTION, LOSS OF PROGRAMS OR OTHER DATA OR OTHERWISE, EVEN IF WE ARE EXPRESSLY ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
INFORMATION ON THIS WEB SITE IS PROVIDED “AS-IS” WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSIONS OF IMPLIED WARRANTIES, AND IN SUCH JURISDICTIONS, OUR LIABILITY IS LIMITED TO THE EXTENT PERMITTED BY APPLICABLE LAW.
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Ozsports.info Business Listing Registration Agreement
A. INTRODUCTION
You (“Registrant”) submit this registration agreement (“Registration Agreement”) to Ozsports Service Group Pty Ltd, ABN 1111 477 2397, an Australian Company (“Ozsports.info”), for the purpose of applying for service(s) provided by Ozsports.info. If Ozsports.info, in its sole discretion, accepts Registrant’s application for Ozsports.info service(s), Registrant agrees to be bound by the terms of this Registration Agreement, the terms of the Dispute Policy (as defined in paragraph D below), and Ozsports.info terms of use and other published guidelines that may be updated from time to time (together, the “Terms of Use”), all of which are incorporated herein and made a part of this Registration Agreement by reference. The acceptance of this Registration Agreement and the performance of Ozsports.info service(s) will occur at Ozsports.info offices in Berkeley Vale, NSW.
B. FEES, PAYMENT and SERVICE PERIOD
Ozsports.info Business Listing Registration: As consideration for the registration of each new Ozsports.info Business Listing in Ozsports.info’ Ozsports.info Business Listing database and assignment of such Ozsports.info Business Listing to Registrant, Registrant agrees to pay Ozsports.info the applicable fees for each registered Ozsports.info Business Listing. All fees are non-refundable. Any renewal of registration is subject to Ozsports.info then current terms and conditions. Failure to pay renewal fees by the expiration of the initial registration period or the prior renewal period will result in the Business Listing being deactivated. Ozsports.info is authorized to attempt automatic renewal(s) until successful. Registrant hereby expressly authorizes Ozsports.info to charge Registrant’s Nominated Account on the Renewal Date an amount equal to the then current standard registration fee for Business Listings of equal term and conditions. In the event Registrant changes its Nominated Account information (e.g., Nominated Account number) or cancels the Nominated Account on file with Ozsports.info, Registrant agrees to a) promptly advise Ozsports.info of the same and provide an updated Nominated Account that can be charged by Ozsports.info. It is the Registrant’s responsibility to update their Nominated Account information. If Ozsports.info is unable to secure payment the Business Listing de-activated.
C. MODIFICATIONS TO REGISTRATION AGREEMENT
Registrant agrees that, during the term of this Registration Agreement, Ozsports.info may, in its sole discretion, revise the terms and conditions of this Registration Agreement at any time. Ozsports.info agrees to post any such revised Registration Agreement on Ozsports.info Web site, and such revised Registration Agreement will be binding and effective immediately upon the earlier of (1) its posting or (2) upon notification to Registrant by e-mail or Australia Post mail to the then current address provided by Registrant. Registrant agrees to review Ozsports.info Web site (including the current version of the Registration Agreement) periodically to be aware of any such revisions. If Registrant does not agree with any revision to the Registration Agreement, Registrant may terminate this Registration Agreement at any time by providing Ozsports.info with notice by e-mail or by mail addressed to: Ozsports Service Group Pty Ltd, 27 Hillside Drive, Berkeley Vale, NSW, Attention: Termination Notice. Notice of Registrant’s termination will be effective on receipt and processing by Ozsports.info. Ozsports.info shall not be obligated to refund any fees paid by Registrant if Registrant terminates this Registration Agreement. Registrant agrees that Registrant’s continued use of Ozsports.info service(s) after any revision to this Registration Agreement becomes effective constitutes Registrant’s acceptance of such revisions or changes, and Registrant agrees to abide by and be bound by any such revisions or changes. No employee, contractor, agent or representative of Ozsports.info is authorized to alter or amend the terms and conditions of this Registration Agreement.
D. OZSPORTS.INFO BUSINESS LISTING DISPUTE POLICY
Ozsports.info is not responsible for the determination of anyone’s eligibility to register a Ozsports.info Business Listing. Trademark law differs from country to country and, in some countries, from region to region. Registrant agrees to be bound by Ozsports.info current Ozsports.info Business Listing dispute policy that is incorporated herein and made a part of this Registration Agreement by reference (the “Dispute Policy”). The current version of the Dispute Policy may be found at Ozsports.info Web site.
E. OZSPORTS.INFO BUSINESS LISTING DISPUTE POLICY CHANGES OR MODIFICATIONS
Registrant agrees that Ozsports.info, in its sole discretion, may change or modify the Dispute Policy. Ozsports.info agrees to post any such revised policy on its Web site, and such revised policy will be binding and effective immediately upon its posting. Registrant agrees that Registrant’s maintaining the registration of Registrant’s Ozsports.info Business Listing after changes or modifications of the Dispute Policy become effective constitutes Registrant’s acceptance of the changes or modifications, and Registrant agrees to abide by and be bound by any such changes or modifications. If Registrant does not agree with any such change or modification, Registrant may terminate this Registration Agreement in accordance with the procedures specified in paragraph C above and request that its Ozsports.info Business Listing be deleted from Ozsports.info Business Listing database. Ozsports.info shall not be obligated to refund any fees paid by Registrant if Registrant terminates this Registration Agreement.
F. OZSPORTS.INFO BUSINESS LISTING DISPUTES
Registrant agrees that, if the registration of its Ozsports.info Business Listing by Ozsports.info is challenged by any third party, Registrant will be subject to the provisions of the Dispute Policy in effect at the time of the dispute. Registrant agrees that in the event an Ozsports.info Business Listing dispute arises with any third party, Registrant will indemnify and hold Ozsports.info harmless pursuant to the terms and conditions set forth below in this Registration Agreement. If Ozsports.info receives notification that a complaint has been filed with a judicial or administrative body regarding Registrant’s use of Ozsports.info Business Listing registration services, Registrant agrees not to make any changes to Registrant’s Ozsports.info Business Listing record without Ozsports.info prior approval. Ozsports.info, in its sole discretion, may prohibit Registrant from making changes to such Ozsports.info Business Listing record until (1) Ozsports.info is directed to do so by the judicial or administrative body, or (2) Ozsports.info receives notification by Registrant and the other party contesting Registrant’s registration and use of Ozsports.info Business Listing registration services that the dispute has been settled. Furthermore, Registrant agrees that if Registrant is subject to litigation or proceeding regarding Registrant’s registration and use of Ozsports.info Business Listing registration services, Ozsports.info may deposit details of Ozsports.info Business Listing record into the control of the administrative or judicial body conducting such litigation or proceeding.
G. AGENTS
Registrant agrees that if this Registration Agreement is completed by an agent for Registrant, such as an administrative contact/agent, employee or other representative of Registrant (each an “Agent”), Registrant is nonetheless bound as a principal by all terms and conditions herein, including the Dispute Policy. Registrant agrees that by continuing to use the services of Ozsports.info, Registrant shall be deemed to have ratified any unauthorized actions of Registrant’s Agent. In addition, Registrant is responsible for any errors made by Registrant’s Agent. Ozsports.info shall not be obligated to refund any fees paid by Registrant or Registrant’s Agent for any reason.
H. LIMITATION OF LIABILITY
Registrant agrees that Ozsports.info shall have no liability to Registrant for any and all loss Registrant may incur resulting from or in connection with, but not limited to: (1) Ozsports.info processing of this Registration Agreement; (2) Ozsports.info processing of any authorized modification to the Ozsports.info Business Listing record during the covered period; (3) Registrant’s, or Registrant’s Agent’s, or Registrant’s internet service provider’s, failure to pay either the initial registration fee or any renewal fee; (4) the application of the provisions of the Dispute Policy; (5) access delays or access interruptions; (6) data non-delivery; (7) acts of nature; (8) errors, omissions or misstatements in any and all information or services provided under this Registration Agreement; (9) deletion or failure to store e-mail messages; (10) the development or interruption of Registrant’s Web site; or (11) any action or omission of a third party with whom Registrant enters into an agreement as a result of any promotion, advertisement or sponsorship related to, or in connection with, any service(s) of Ozsports.info. Registrant agrees that its sole and exclusive remedy with respect to services provided pursuant to this Registration Agreement and/or for any breach of this Registration Agreement shall be limited to the lesser of (1) the amount Registrant paid for such services or (2) Two Hundred Australian Dollars (AU$200). Furthermore, Ozsports.info and its contractors and affiliates shall not be liable for any direct, indirect, incidental, special or consequential damages, or for any loss of revenue, profits or data, arising in connection with this Registration Agreement. Because some states do not allow the exclusion or limitation of liability for consequential or incidental damages, in such states, Ozsports.info liability is limited to the extent permitted by applicable law.
I. INDEMNITY
Registrant agrees to release, indemnify, and hold Ozsports.info, and Ozsports.info contractors, agents, employees, officers, directors, shareholders, affiliates and assigns harmless from and against all liabilities, claims, damages, costs and expenses, including reasonable attorneys’ fees and expenses, relating to or arising in connection with Registrant’s use of the services provided by Ozsports.info, a third party’s use of Ozsports.info services from Registrant’s computer, Registrant’s registration or use of a Ozsports.info Business Listing and actual or alleged infringement by Registrant or its Agent(s), of intellectual property rights, privacy rights or any other rights of third parties, including, without limitation, trademark dilution by Registrant, or a violation of the Terms of Use. If Ozsports.info is threatened with suit or sued by a third party, Ozsports.info may seek written assurances from Registrant concerning Registrant’s promise to indemnify Ozsports.info. Registrant’s failure to provide those assurances may be considered by Ozsports.info to be a material breach of this Registration Agreement.
J. BREACH
Registrant agrees that failure to abide by any provision of this Registration Agreement, the Dispute Policy or the Terms of Use, Registrant’s willful provision of inaccurate or unreliable information as part of the application process, Registrant’s failure to update Registrant’s information to keep it current, complete or accurate, or Registrant’s failure to respond for over ten (10) calendar days to inquiries from Ozsports.info concerning the accuracy of the contact details associated with Registrant’s Ozsports.info Business Listing registration or use of Ozsports.info service(s) shall be deemed by Ozsports.info to be a material breach by Registrant. Ozsports.info may provide a written notice, describing the breach, to Registrant. If, within ten (10) calendar days of the date of mailing of such notice, Registrant fails to provide evidence, which is reasonably satisfactory to Ozsports.info, that it has not breached its obligations, then Ozsports.info may delete Registrant’s registration of its Ozsports.info Business Listing and/or terminate the other service(s) of Ozsports.info that Registrant is using without further notice. Any such breach by Registrant shall not be deemed to be excused simply because Ozsports.info did not act earlier in response to that breach, or any other breach, by Registrant. Ozsports.info shall not be obligated to refund any fees paid by Registrant if Ozsports.info terminates this Registration Agreement.
K. NO GUARANTEE
Registrant agrees that, by registration of an Ozsports.info Business Listing, such registration does not confer immunity from objection to either the registration or use of the Ozsports.info Business Listing.
L. REPRESENTATIONS AND WARRANTIES
Registrant represents and warrants by submitting this Registration Agreement that: (1) to the best of Registrant’s knowledge and belief, the information submitted to Ozsports.info by Registrant or Registrant’s Agent is true and correct, and that any future changes to this information will be provided to Ozsports.info in a timely manner according to the Ozsports.info Business Listing and other applicable modification procedures in place at that time; (2) to the best of Registrant’s knowledge and belief, neither the registration of Registrant’s Ozsports.info Business Listing nor the manner in which Registrant intends to use such Ozsports.info Business Listing will directly or indirectly infringe the legal rights of a third party; (3) Registrant has all requisite power and authority to execute this Registration Agreement and to perform Registrant’s obligations hereunder; (4) Registrant is of legal age to enter into this Registration Agreement; and (5) with respect to the Forwarding Service only, Registrant has the necessary rights to use the Forwarding Service to forward, point, alias or resolve Registrant’s Ozsports.info Business Listing(s) to the other Web Address(es) designated by Registrant in ordering such Forwarding Service. Registrant agrees that use of Ozsports.info service(s) is solely at Registrant’s own risk. Registrant further agrees that all of Ozsports.info service(s) are provided on an “as is” and “as available” basis. Any breach of any of these representations and warranties by Registrant will constitute a material breach of this Registration Agreement.
M. DISCLAIMER OF WARRANTIES
Ozsports.info expressly disclaims all warranties of any kind, whether express or implied, including but not limited to the implied warranties of merchantability, fitness for a particular purpose and non-infringement. Ozsports.info makes no warranty that Ozsports.info service(s) will meet Registrant’s requirements, or that such service(s) will be uninterrupted, timely, secure, or error free; nor does Ozsports.info make any warranty as to the results that may be obtained from the use of Ozsports.info service(s). No advice or information, whether oral or written, obtained by Registrant from Ozsports.info shall create any warranty not expressly made herein. To the extent jurisdictions do not allow the exclusion of certain warranties, some of the above exclusions may not apply to Registrant.
N. REVOCATION
Registrant agrees that Ozsports.info may terminate Registrant’s contractual right to use Ozsports.info service(s) if the information Registrant provides pursuant to this Registration Agreement, or subsequent modification(s) thereto, contains false or misleading information, or conceals or omits any information Ozsports.info would likely consider material to its decision to approve this Registration Agreement and continue to provide services hereunder. Registrant agrees that Ozsports.info may terminate any of its service(s), including Ozsports.info Business Listing registration service(s), in the event that Registrant uses such service(s) for any improper purpose, as determined in the sole discretion of Ozsports.info. Registrant further agrees that Ozsports.info may suspend, cancel or transfer Registrant’s Ozsports.info Business Listing registration in order to correct mistakes made by Ozsports.info in registering Registrant’s chosen Ozsports.info Business Listing or to resolve a dispute under the
Dispute Policy. Ozsports.info shall not be obligated to refund any fees paid by Registrant if Ozsports.info terminates its services.
O. RIGHT OF REFUSAL
Ozsports.info, in its sole discretion, reserves the right to refuse to register Registrant’s requested Ozsports.info Business Listing or provide Registrant with any other Ozsports.info service(s), or to delete Registrant’s Ozsports.info Business Listing within the first thirty (30) calendar days from receipt of Registrant’s payment of the registration fee. Registrant agrees that the submission of this Registration Agreement does not obligate Ozsports.info to accept this Registration Agreement. Registrant agrees that Ozsports.info shall not be liable for loss or damages that may result from Ozsports.info refusal to accept this Registration Agreement, Ozsports.info registration or deletion of Registrant’s Ozsports.info Business Listing or Ozsports.info refusal to provide any other service(s).
P. SEVERABILITY
Registrant agrees that the terms of this Registration Agreement are severable. If any term or provision is declared invalid or unenforceable, it shall not affect the remaining terms or provisions which shall continue to be binding and remain in full force and effect.
Q. ENTIRETY
Registrant agrees that the terms of this Registration Agreement, the Dispute Policy, the Privacy Policy, the Terms of Use and any other rules and policies published by Ozsports.info are the complete and exclusive agreement between Registrant and Ozsports.info regarding the registration of Registrant’s Ozsports.info Business Listing and supersede all prior representations, agreements and understandings, whether established by custom, practice, policy or precedent.
R. NON-ASSIGNMENT
Registrant’s rights under this Registration Agreement are not assignable. Any attempt by Registrant to assign Registrant’s rights shall render this Registration Agreement avoidable at Ozsports.info option. Any attempt by Registrant’s creditors to obtain an interest in Registrant’s rights under this Registration Agreement, whether by attachment, garnishment or otherwise, shall render this Registration Agreement avoidable at Ozsports.info option.
S. GOVERNING LAW
Registrant agrees that this Registration Agreement shall be governed in all respects by and construed in accordance with the internal laws of the NSW, , without reference to NSW conflict of law principles. By submitting this Registration Agreement, Registrant hereby consents to the exclusive jurisdiction and venue of the state and federal courts located in the Sydney, NSW.
T. THIS IS OZSPORTS.INFO BUSINESS LISTING REGISTRATION AGREEMENT VERSION NUMBER OZ1.0.0
This Registration Agreement is only for registrations of an Ozsports.info Business Listing: By completing and submitting this Registration Agreement for consideration and acceptance by Ozsports.info, Registrant agrees that Registrant has read and agrees to be bound by paragraphs (A) through (S) above.
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Ozsports.info Marketplace Prohibited and Restricted Items
Ozsports.info Marketplace reserves the right to remove other items that are not on this list if they are considered inappropriate, illegal or are in breach of our User Agreement. Listing fee is non-refundable.
You are responsible in making sure that you are legally allowed to buy or sell an item. Find out before listing!
Alcohol You must have a license to list wine and other alcohol on Ozsports.info Marketplace and display your license number in the listing. Make sure you know the laws of trading alcohol in all states you may trade in.
Organs or any body parts You must not list any organs or body parts on Ozsports.info Marketplace including human parts & remains.
Artifacts and Heritage Items You must not list any artifacts or heritage items on Ozsports.info Marketplace.
Adult related items Images or content which is adult or sexual related or inappropriate for people under 18 is not allowed unless listed in the Adult Category. You must not list items that are considered to be indecent by the authorities or illegal to sell in .
Copyrighted, Replica and Counterfeit items You must not list items or include content which breaches any copyright or other intellectual property rights. Unauthorized replicas and counterfeits are not allowed to be listed on Ozsports.info Marketplace. If you are unsure if an item is genuine, do not list it on Ozsports.info Marketplace. (Any product that has a name of a company, but was not made by that company must not be listed.)
Drugs You must not list any controlled prescription drugs both herbal or chemical on Ozsports.info Marketplace.
Food Food items listed on Ozsports.info Marketplace must be sealed, have labels that meet Australian laws and show expiry dates. Perishable food items must not be listed.
Fireworks You must not list fireworks on Ozsports.info Marketplace.
OEM software You must not list Original Equipment Manufacturer software (OEM) on Ozsports.info Marketplace unless listed with the specified accompanying hardware.
Police and Emergency services related items You must not list Police or Emergency services equipment related items on Ozsports.info Marketplace regardless of origin (other countries). For example - badges, uniforms and any official or recent issue equipment.
Postage Stamps Used and “washed” Australia Post postage stamps offered for sale, with the obvious intention that they will be re-used must not be listed on Ozsports.info Marketplace. Any listing that offers the sale of “uncancelled stamps” must be accompanied by a clear warning which draws viewer’s attention to the provisions of section 471.5 of the Commonwealth Criminal Code.
Software that access’s Ozsports.info Marketplace You must not list software which directly or indirectly access’s Ozsports.info Marketplace’s web site area and database without approval by us.
Tickets over face value Ozsports.info Marketplace does not allow tickets to be re-sold beyond their face value (referred to as ticket scalping). To prevent tickets being sold over their face value they must be listed as items with a price below or equal to the face value.
Tobacco You must not list tobacco which includes cigarettes, cigars, and smokeless tobacco on Ozsports.info Marketplace. Tobacco related items may be allowed for sale.
Used Clothing Clothing that has been used may be listed with the exception of underwear and swim wear. The item must be cleaned before sending.
Weapons and Firearms You must not list any weapons or firearms on Ozsports.info Marketplace.
Ozsports.info Marketplace User Agreement
THE FOLLOWING SETS OUT THE TERMS ON WHICH Ozsports.info Marketplace (“Ozsports.info Marketplace”) OFFERS YOU ACCESS TO THE Ozsports.info Marketplace (“SITE”) AND ITS SERVICES. BY TICKING THE “I have read and agree to Ozsports.info Marketplace’s User Agreement” CHECKBOX, YOU ACCEPT THE TERMS AND CONDITIONS BELOW.
Before proceeding to use our services, you should read the User Agreement carefully. If you find yourself unable to agree to them, then you must not use our website. If, however, you agree to them unconditionally you will be given the opportunity to click the “I accept” checkbox during the registration process, and you will then be able to use our website to which this User Agreement applies.
This Agreement may be amended by Ozsports.info Marketplace at any time by posting the amended terms on this Site. The amended terms shall automatically be effective 7 days after they are initially posted on this Site. As such, you should periodically check to see what amendments have been made to this Agreement. Your continued use of this Site or the services provided on this Site following the posting of any amendments will mean that you accept these amendments. This agreement was last updated on 10th September, 2006.
1. DEFINITIONS
1.1 Definition of words and phrases
In this Agreement, the following words and expressions shall have the following meanings:- ”User”, “Member” means and includes you, a Seller, a Buyer and any person using the Services. ”Seller” means a person offering the Item for sale pursuant to this Agreement. ”Buyer” means a person who places an order for the item pursuant to this Agreement. ”Listing” means an Item which is currently offered for sale. ”Item” means items offered for sale by a Seller pursuant to this Agreement. ”Services” means the on-line shopping and all other services offered by Ozsports.info Marketplace at this Site
2. Formation of Contract
2.1 In order that a legally binding contract can be formed between Ozsports.info Marketplace and a member, the member is required to accept this User Agreement unconditionally by clicking the “I have read and accept Ozsports.info Marketplace’s User Agreement” checkbox during the registration process.
2.2 Ozsports.info Marketplace in their absolute discretion reserves the right to refuse, suspend or cancel the membership of any member without notice.
2.3 This User Agreement shall override any contrary terms or conditions published by Ozsports.info Marketplace or appearing on this web site pertaining to members.
2.4 In consideration of Ozsports.info Marketplace agreeing to the member’s use of the site, the member agrees to comply with this User Agreement.
3. Services
3.1 Availability Any person wishing to use the Services as a Seller must first register as a member. As a buyer you do not need to register but ozsports takes no assistance to the none supply nor none payment unless they are registered. Registration is free.
3.2 Registration of Membership A User becomes a member by supplying all the requisite information to Ozsports.info Marketplace and the member is required to accept this User Agreement unconditionally by clicking the “I have read and accept Ozsports.info Marketplace’s User Agreement” checkbox during the registration process.
4. Eligibility for Membership
You may only register as a member if you can form a legally binding contract that is enforceable against you. For example, you must be older than or at 18 years old. By registering as a member, you warrant that you can form a legally binding contract. Further, your Ozsports.info Marketplace account, User ID, Password may not be transferred or sold to another party.
5. Fees
5.1 Joining and buying items at Ozsports.info Marketplace are free. A non-refundable listing fee is charged at the time of listing for Items that incurs a listing fee. Listing fees are paid in full before the listing starts. Credits on accounts with Ozsports.info Marketplace are not transferable between members.
5.2 Ozsports.info Marketplace reserves the right to change the fees charged for any of our services at any time. In the event that we introduce a new service, the fees for that service are effective at the launch of the service, unless otherwise stated.
5.3 All fees are inclusive of GST and in Australian dollars. Unless otherwise stated in this User Agreement, no interest or other financial charges will be applied to Ozsports.info Marketplace account balances.
5.4 Before listing an item, you should review Ozsports.info Marketplace’s fees to ensure you are aware of the fees that you will incur.
6. Functions of Ozsports.info Marketplace
6.1 Ozsports.info Marketplace is a venue for members to offer, sell or buy Items. Ozsports.info Marketplace is not an auctioneer. Ozsports.info Marketplace is only providing a venue for members to offer Items for sale, or buy items.
6.2 No warranty for goods offered. Ozsports.info Marketplace expressly declares that it has not seen or examined the Item and has no control whatsoever on the actual quantity, quality, safety, legality or the fitness for any purpose of the Item. Ozsports.info Marketplace will not accept or assume any liability whatsoever in respect of the Item.
6.3 No warranty of completion of sale. Ozsports.info Marketplace does not warrant that any Seller or Buyer will complete the sale or purchase of the Item herein. All persons are urged to be aware of the risk of dealing with foreign nationals, underage persons or people acting under false pretense or persons having no contracting capacities.
6.4 No warranty of identity of persons. Ozsports.info Marketplace cannot and does not confirm the identity of each User. You are therefore advised to be careful in dealing with other Users to avoid fraud. You are encouraged to communicate directly with such proper or competent authority or source for the purpose of evaluating the person with whom you are dealing. Ozsports.info Marketplace takes no responsibility for any action or omission of any User.
6.5 No warranty as to accuracy of information. Ozsports.info Marketplace does not control the information provided by other Users which is made available through this Site. Ozsports.info Marketplace therefore makes no warranty as to the accuracy of any information provided by any person through the use of the Services.
6.6 Release of Ozsports.info Marketplace. In case of any dispute between Users or any dispute arising from the use of the Services, Ozsports.info Marketplace shall be released from all liabilities 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.
6.7 Costs of Ozsports.info Marketplace If Ozsports.info Marketplace is required by you or by your order in any litigation in which you are involved whether under subpoena or order of the Court of any competent jurisdiction, including complying with any order for discovery or attending court for giving evidence, you shall bear all costs incurred by Ozsports.info Marketplace in connection with the provision of such service, including Ozsports.info Marketplace’ costs for taking legal or other professional advice or representation (in all such cases, the costs shall be calculated on an indemnity basis).
7. Provisions relating to Buyer
7.1 Your obligations as a Buyer (a) If you, as a Buyer, have made a bid To purchase a item, issues a purchase order with fixed price, you are obligated to complete the transaction with the Seller unless you cannot authenticate the Seller’s identity. (b) The Buyer shall contact the Seller as soon as they decide to purchase to making arrangements for the completion of the transaction. (c) The Buyer shall provide their postal address, selected payment method, insurance required (if offered) and send details to the Seller. (d) Pay the Total Due once the Total Due is confirmed by the Seller.
7.2 Your obligations as a Seller
(a) If you receive a BUY order, you are obligated to complete the transaction with the Buyer unless:- i. you cannot authenticate Buyer’s identity; ii. the Buyer fails to meet the terms of payment as stipulated by you in your listing. (b) Confirm the Total Due and send the buyer an “Invoice”.
7.3 Return and exchange policies The Item sold may or may not be returned depending on your agreement with the Seller. All requests for return of the Item shall be made directly to the Seller concerned and Ozsports.info Marketplace shall not be responsible for processing such requests.
7.4 Method of delivery and payment The method of delivery is based on the arrangements set by the Sellers. Item may be collected by the Buyers or be delivered to Buyers by using the Australian Post, courier or by other methods specified by the Sellers. Please refer to the Description and Postage Instructions of the Item. The method of payment is based on the mutual agreement between the Seller and the Buyer and depending on the method of delivery.
8. Provisions relating to Sellers
8.1.2 You shall not offer for sale any Item:- (a) which you are not legally able to sell, or which you cannot sell to the Buyer free from all charges liens and encumbrances; (b) which is within Ozsports.info Marketplace’s Prohibited Item List or which is in contravention of any law or regulations governing the sale of the same; (c) the get-up, production and sale of which infringes any copyright, patent, trademark, trade secret or other proprietary rights or rights of publicity or privacy or any other form of property or proprietary rights, whether intellectual or otherwise; (d) which contains defamatory, trade libelous, unlawfully threatening or unlawfully harassing statements whether such statements be in the form of words, drawings, photographs, 3-dimensional representations or otherwise; (e) which is obscene or contains child pornography;
8.1.3 By offering the Item for sale on this Site, you, as Seller, are warranting and undertaking to Ozsports.info Marketplace and all Buyers that :- (a) you do not and will not engage in the forbidden dealings set out in Clause 8.1 above; (b) the information supplied by you is correct and accurate in all material respects and shall not (1) contain defamatory, trade libelous, unlawfully threatening or unlawfully harassing statements; (2) contain obscene material or child pornography and, if it contains any Adults Only material or element or is otherwise harmful to minors, it shall be posted only in the Adults Only section and shall be distributed only to people legally permitted to receive such content; (3) 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; and (4) contain any hyperlinks unless permitted by Ozsports.info Marketplace; (c) the Items offered by you are not within the Prohibited Item List; (d) you will not list or offer or sell any Item which, by paying to Ozsports.info Marketplace any Fees, could cause Ozsports.info Marketplace to violate any applicable law, statute, ordinance or regulation.
8.1.4 You must not link directly or indirectly to or include descriptions of goods or services that: (a) are prohibited under this Agreement; (b) are concurrently listed for sale on a web site other than Ozsports.info Marketplace’s (this does not prevent linking to or advertising an Ozsports.info Marketplace item from another web site). (c) you do not have a right to link to or include Messages and Forum Boards.
9.
10. Rights of Ozsports.info Marketplace
10.1 Right to suspend or terminate the account of a User without any compensation if such User shall be found to have :- (a) breached the User Agreement set out in this agreement, or (b) (by conviction, settlement, insurance or escrow investigation, or otherwise) engaged in fraudulent activity in connection with this Site
10.2 Rights as regards materials supplied by a User Ozsports.info Marketplace shall have the absolute and unfettered right to reject or remove any information or materials supplied by a User without notice or compensation to the User. Without derogating from this right, Ozsports.info Marketplace shall have the right to reject or remove any information or materials supplied if Ozsports.info Marketplace shall consider (without having to assign any reason therefore) that the information or material, if published or continued to be published, would cause Ozsports.info Marketplace to incur any liability to third parties or would cause Ozsports.info Marketplace to be in breach of any law or regulations of any competent jurisdiction or rights of third parties.
10.3 Right to withdraw Item Ozsports.info Marketplace shall have the absolute and unfettered right to withdraw any Item without notice or compensation to a Seller. Without derogating from this right, Ozsports.info Marketplace shall have the right to withdraw an Item if :- (a) the Item is within Ozsports.info Marketplace’s Prohibited Items List, The Prohibited Items List may be updated by Ozsports.info Marketplace from time to time; (b) the Seller is found to have breached the User Agreement set out in this agreement or the account of the Seller is suspended by Ozsports.info Marketplace pursuant to the terms of this agreement; (c) if Ozsports.info Marketplace is unable for any reason whatsoever to verify or authenticate any information provided by the Seller. (d) the Item is in breach of Ozsports.info Marketplace’s Listing Policy,. The Listing Policy may be updated by Ozsports.info Marketplace from time to time.
11. No Warranties
11.1 This Site is provided by Ozsports.info Marketplace on an “as-is” basis and the only obligations on Ozsports.info Marketplace are set out in this Agreement. Ozsports.info Marketplace gives no warranty or condition, express or implied other than those expressly set out herein. Ozsports.info Marketplace does not warrant that the functions contained in this Site and the Services provided will be uninterrupted or error free, that defects will be corrected, or that this Site or its server are free of viruses or other harmful components. Ozsports.info Marketplace does not warrant or make any representations regarding the use or the results of the use of this Site. Ozsports.info Marketplace specifically disclaims the implied warranties of title, merchantability, fitness for a particular purpose and non-infringement of any rights (intellectual or otherwise) in respect of any Item.
11.2 The payment gateway and the ancillary payment processing facilities are provided to the Users for convenience only and Ozsports.info Marketplace gives no warranty, expressed or implied, in connection with such facilities. Ozsports.info Marketplace will in no event be liable for any loss, damages, costs or expenses suffered or incurred by the Users arising out of or as a result of any error and/or mistake and/or misstatement in debiting or crediting credit card account of the Users as well as any malfunction, failure, disruption, downtime, interruption, miscalculation, delay, inaccuracy, loss or corruption of data, or any other non-performance related to the payment gateway facilities.
12. Privacy
Ozsports.info Marketplace has a Privacy Policy which applies to all members and is incorporated into this User Agreement by reference, and you will continue to be bound by its provisions and any amendments we make to the Privacy Policy while you are a member of Ozsports.info Marketplace.
13. Indemnity
You agree to indemnify and hold us and (as applicable) our parent, subsidiaries, affiliates, officers, directors, agents, and employees, harmless from and against any claims, demands, proceedings, losses and damages (actual, special and consequential) of every kind and nature, known and unknown, including reasonable solicitors’ fees, made by any third party due to or arising out of your breach of this Agreement or the terms and policies it incorporates by reference, or your violation of any law or the rights of a third party.
14. Miscellaneous
14.1 System Integrity No User shall :- (a) use any device, software or routine to interfere or attempt to interfere with the proper working of this Site or any sale being conducted on this Site; (b) take any action which imposes an unreasonable or disproportionately large load on the infrastructure of this Site; (c) disclose or share his/her password to any third parties or use his/her password for any unauthorized purpose.
14.2 General Compliance with Laws All Users shall comply with all applicable laws, statutes, ordinances and regulations regarding his/her use of the Services and any bidding on, listing, purchase and sale of the Item herein.
14.3 No Agency Nothing herein contained shall constitute or create any relationship of agency, partnership, joint venture, employee/employer or franchiser/franchisee between Ozsports.info Marketplace and any Seller, Buyer or other Users of this Site or the Services.
14.4 Notices Except as explicitly stated otherwise, any notices shall be given by way of E-mail, and in respect of the User, notices shall be deemed given if sent to the E-mail address provided by the User to Ozsports.info Marketplace during registration process or such other address as the User shall specify, or by posting such notices on this Site. Alternatively, Ozsports.info Marketplace may give notice to the User by pre-paid ordinary post to the address provided to Ozsports.info Marketplace during the registration process. In such case, notice shall be deemed given 3 days after the date of mailing.
14.5 Severability Any provision of this Agreement prohibited by or unlawful or unenforceable under any applicable law actually applied by any court of competent jurisdiction shall, to the extent required by such law, be severed from this Agreement and rendered ineffective so far as is possible without modifying the remaining provisions of this Agreement. Where, however, the provisions of any such applicable law may be waived, they are hereby waived by the parties hereto to the full extent permitted by such law to the end that this Agreement shall be valid, binding and enforceable in accordance with its terms.
15. Governing Law and Jurisdiction
15.1 This Agreement is subject to the laws of New South Wales, .
15.2 If any provision of this Agreement is held to be invalid or unenforceable, such provision shall be struck out of these User Agreement and the remaining provisions shall remain in force. Headings are for reference purposes only and in no way define, limit, construe or describe the scope or extent of such section. Ozsports.info Marketplace’s 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.
15.3 Please do not assume that you are allowed to do what other members do. Ozsports.info Marketplace.com does not approve or validate transactions, advice or communications, and you accept sole responsibility for the legality of your actions under laws applying to you.
15.4 Ozsports.info Marketplace does not accept any obligation to protect you from any unsafe merchandise, products or services that may be offered on Ozsports.info Marketplace. Please do not assume that such items offered will be harmless to people or property.
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