1. Welcome to the MyGarageSales.com network.
MyGarageSales.com is pleased to provide you with access to the network of websites and related services owned or operated by MyGarageSales.com Pty Limited and its related bodies corporate including, but not limited to www.MyGarageSale.com, www.MyGaragesSale.com.au, and www.MyYardSale.com and the MyGarageSale.com’s Garage Sale search engine wherever distributed on the internet (the "MyGarageSale.com Network") on these terms and conditions.
By accessing or using the MyGarageSale.com Network you agree to be bound by these terms and conditions of use (and the other terms and conditions and policies referred to in these terms and conditions and any other notices on the MyGarageSale.com Network) as amended from time to time.
2. About the MyGarageSale.com Network
MyGarageSale.com publishes or makes available on the MyGarageSale.com Network information, advertisements, product and service offers, data, valuations, estimations, Software and links and other content supplied by MyGarageSale.com and third parties (Material). MyGarageSale.com does not warrant, represent, authorise or endorse the reliability, accuracy or completeness of any such Material published on the MyGarageSale.com Network or on any web site that links from the MyGarageSale.com Network. (including third party display advertisements).
MyGarageSale.com does not provide any warranty in relation to any goods or services advertised for sale on the MyGarageSale.com Network by third parties including, but not limited to, any representation or warranty that the goods or services are of merchantable quality, fit for the purpose intended, safe for the purpose intended, as described by the seller or owned by the seller.
3. Personal and Non Commercial Use Only
Use of the MyGarageSale.com Network is for your personal and non-commercial use only. Except for the Material held in your computers cache or a single permanent copy of the Material for your personal use you must not without the prior written approval of MyGarageSale.com:
- Modify, copy, distribute, transmit, display, perform, reproduce, publish or license any Material;
- Use or attempt to use any Material published on the MyGarageSale.com Network to create any web site or publication or searchable database;
- Mirror or frame any web site or page within the MyGarageSale.com Network;
- Use any automated process of any sort to query, access, retrieve, scrape, data-mine or copy any Material on the MyGarageSale.com Network or generate or compile any document, index or database based on the Material published on the MyGarageSale.com Network;
- Transfer or sell any information, functionality or products or services offered on the MyGarageSale.com Network; or
- Undertake any other action which is in violation of these terms and conditions (or other terms and conditions and policies referred to in these terms and conditions) or any applicable law.
If MyGarageSale.com considers, in its absolute discretion, that you or any party related to you (including any agent, representative, contractor or associate) has acted contrary to these Terms and Conditions or in a manner contrary to MyGarageSale.com’s interests, then MyGarageSale.com may immediately terminate your right to access and use the MyGarageSale.com Network at any time and reserves its rights to take any action it deems necessary or desirable to prevent such repeated action and / or further access to the MyGarageSale.com Network.
4. You are Responsible for the use of the MyGarageSale.com Network
Whilst MyGarageSale.com takes care to ensure that the Material on the MyGarageSale.com Network is correct, current and free from errors, MyGarageSale.com does not warrant the accuracy or completeness of or the representations made in the Material on the MyGarageSale.com Network or any web site that links from the MyGarageSale.com Network or any information received as a result of using the MyGarageSale.com Network. You are responsible for assessing the accuracy of the Material and rely on it at your own risk.
The services and Material made available on the MyGarageSale.com Network are provided as general information only. The services and Material are not professional, expert or other advice and are not a substitute for such advice; may not be appropriate, correct or sufficient for your circumstances; should not be relied on as the only reason you do or don't do anything; and may not be continually accessible or free from errors or viruses.
You agree to indemnify MyGarageSale.com against any liability, loss, claim or demand if MyGarageSale.com (or any of its officers, representatives, employees or agents) suffers any loss or damage or incurs any cost in connection with a breach by you (or any of its officers, representatives, employees or agents) of these terms and conditions.
You must keep your username and password to access the MyGarageSale.com Network secure and confidential and not provide those details to any third party under any circumstance. You represent and warrant to MyGarageSale.com that you accept all liability for any unauthorised use of any username and password issued to you.
5. Goods and Services Provided By MyGarageSale.com
If MyGarageSale.com offers goods or services to you, including advertising any items for sale or services on the MyGarageSale.com Network, the services are subject to additional terms and conditions. To the extent of any inconsistency between these terms and conditions and the additional terms and conditions, the additional terms will prevail to the extent of the inconsistency.
6. Goods and Services Provided By Third Parties
If goods and services are offered on or through the MyGarageSale.com Network by third parties (sellers):
- You are responsible for making all relevant searches, enquiries and investigations in relation to any listed sale items including, any written off vehicle register or register of security interests (including the Personal Property Securities Register or otherwise);
- MyGarageSale.com does not act as any persons agent or broker; arrange any contract between you and any person or; provide any warranty in relation to any persons goods or services;
- MyGarageSale.com will not be responsible for the terms of any transaction between you and any person; any goods or services purchased by you from any person or; resolving any dispute between you and any person.
- MyGarageSale.com may augment information supplied by sellers. Whilst MyGarageSale.com requests sellers check this information, it may be possible for information to be inaccurate. MyGarageSale.com strongly recommends that you check with the seller that all information in relation to their goods and service is accurate.
7. MyGarageSale.com Liability to You is Limited
(a) Other than as set out in this clause, and to the full extent permitted by law, all rights, remedies, conditions, guarantees and implied and express warranties in respect of any goods or services provided by MyGarageSale.com are HEREBY EXCLUDED.
(b) To the full extent permitted by the law, MyGarageSale.com will only be liable to you:
- Pursuant to any guarantee, right or contractual term that arises, is created or is implied by operation of law and that cannot be excluded PROVIDED THAT, to the full extent permitted by law, any such liability of MyGarageSale.com is limited, at MyGarageSale.com’ option, to (A) replacing or repairing the relevant goods, (B) supplying goods equivalent to the relevant goods, (C) supplying the relevant services again or (D) paying the cost of such replacement, repairs or supply;
- Subject always to subclause (d), if Your claim arises from or in connection with any deliberate breach of these terms and conditions or fraud by MyGarageSale.com.
(c) Subject to subclause (b), and except to the extent that liability cannot be excluded,
MyGarageSale.com, will not be liable to you:
- For claims arising out of or in connection with your access and use of the MyGarageSale.com Network and related services whether arising in contract, tort (including negligence), indemnity, strict liability, breach of warranty or statute;
(d) To the full extent permitted by law, MyGarageSale.com will not be liable to you for loss of use, production, profit, revenue, business, data, contractor anticipated savings or for delay or for any financing costs or increase in operating costs or any economic loss for any indirect or consequential loss or damage.
(e) For the purposes of this section, the term MyGarageSale.com will mean MyGarageSale.com, its officers, employees, contractors and agents, whether individually or collectively.
(f) These terms and conditions will survive the expiration or termination of this agreement.
8. Copyright, Trademarks and Licence
Material on the MyGarageSale.com Network is © MyGarageSale.com Pty Limited and is protected by Australian and international copyright and intellectual property laws. All rights not expressly granted under these terms and conditions are reserved by MyGarageSale.com. Unless otherwise indicated on the MyGarageSale.com Network, the material on the MyGarageSale.com Network is owned by or licensed to MyGarageSale.com and is subject to copyright (the "Copyright Material").
- Only copy or reproduce the Copyright Material for the purpose of browsing the MyGarageSale.com Network or making a copy for your own personal, private or research use, provided that such use constitutes fair use under the Copyright Act;
- Not alter or modify the Copyright Material in any way or remove any legal notice associated with it.
MyGarageSale.com.com and other names of MyGarageSale.com’s product and/or services referenced herein are trademarks or registered trademarks of MyGarageSale.com Pty Limited. Other product and company names mentioned on the MyGarageSale.com Network may be the trademarks of their respective owners. Nothing displayed on the MyGarageSale.com Network should be construed as granting you any intellectual property rights including the right to use any trademark, without MyGarageSale.com’ (or the relevant owner’s, if applicable) express written consent.
9. Membership to the MyGarageSale.com Network
If you choose to become a member of the MyGarageSale.com Network, additional products and services may be made available to you.
By becoming a MyGarageSale.com member, you agree to receive electronic communications from MyGarageSale.com about its products and services.
If you choose to utilise membership products and services, you agree to abide by any additional terms and conditions of those specific products and / or services.
10. Communications Services
MyGarageSale.com may provide you with the ability to communicate with MyGarageSale.com, the MyGarageSale.com Network, Sellers, advertisers and users of the MyGarageSale.com Network through agreements, online forms, IVR, electronic requests and enquires, bulletin boards, blogs, competition entries, online forums, inbound phone number services and other forms of electronic messaging (Communications Services).
You acknowledge that Communications Services may be public and not private communications. Further, you acknowledge that Communication Services may be collected, stored and scanned by MyGarageSale.com. You should not however, consider Communication Services to have been reviewed, screened, or approved by MyGarageSale.com.
Use of the Communications Services is provided on condition that You do not do any of the following:
- Transmit any information or material which is knowingly incorrect, misleading or deceptive;
- Transmit any defamatory, infringing, obscene, indecent or unlawful information or material or information;
- Transmit spam, chain letters, contests, junk mail, surveys or other mass messaging;
- Use the Communications Services for any unlawful purpose;
- Post or upload files that contain software or other material or information in breach of any person's intellectual property or privacy rights.
- Upload files that contain viruses, corrupted files, worms, defects or any other similar software or programs that may damage the operation of another's computer or damage any of MyGarageSale.com Network’s infrastructure;
- Delete any author attributions, legal notices or proprietary designations or labels in any file that is uploaded.
- Advertise or offer to sell any goods or services, or conduct or forward surveys, contests or chain letters other than as approved by MyGarageSale.com.
- Download any file posted by another user of the Communications Services that you know, or reasonably should know, is unlawful or contrary to these terms and conditions.
- Excessively use the Communications Services in a manner which may hinder or prevent MyGarageSale.com from providing services to any other persons or which may threaten the integrity or use by any person of the MyGarageSale.com Network;
- Authorise, aid, abet encourage or incite any person to do any of the above acts.
MyGarageSale.com may, but has no obligation to, review the use of the Communications Services by you and in its absolute discretion may delete, edit, refuse to post or remove in whole or part any information or material uploaded or posted using the Communications Services.
11. Software Services
Any software, including HTML code and ActiveX controls, that is made available to download from the MyGarageSale.com Network ("Software") is owned by MyGarageSale.com and/or its suppliers.
Your use of the Software is governed by the terms of the end user license agreement, if any, which accompanies or is included with the Software ("License Agreement"). You must agree to the terms of the License Agreement before using the Software.
If there is no License Agreement, MyGarageSale.com grants you a personal, non-transferable license to use the Software for viewing and otherwise using the MyGarageSale.com Network in accordance with these terms and conditions, and for no other purpose. You must not:
- Copy, reproduce, translate, adapt, vary or modify in whole or in part or the Software;
- Reverse assemble or reverse compile or directly or indirectly allow or cause a third party to reverse assemble or reverse compile, in whole or in part, the Software;
- Introduce or use any device, software or routine that interferes or attempts to interfere with the operation of the Software; or
- Sub-license, rent, lease, lend or grant to any person any rights to use the Software other than as set out in this paragraph.
12. MyGarageSale.com and Your Privacy
13. Specific Terms
Ad Posting Policy
To read MyGarageSale.com Ad Posting Policy click here. If you choose advertise sales and items an item using the MyGarageSale.com Network you must agree to the MyGarageSale.com Ad Posting Policy.
What Law Governs these Terms and Conditions
This Agreement is governed by and construed in accordance with the laws of the State of Victoria Australia and you irrevocably submit to the exclusive jurisdiction of the courts in that State.
MyGarageSale.com May Change These Terms and Conditions
MyGarageSale.com may cease to provide you with access to the MyGarageSale.com Network or any of its services without notice.
All rights not expressly granted are reserved.