Terms of Use

Terms and Conditions

1. What is the Effect of This Agreement

This Agreement applies to the publication by HD Traders and/or its related bodies corporate (HD Traders) of the advertisement submitted by you, the person named and described in the online application (You).

2. Placing an Advertisement

In order to place an advertisement (Ad) for an item (Item) You must:

be 18 years or over;
complete and submit the online application form (Application); and
pay the prescribed advertising fee.

3. What You Must Do

You must:

a) provide all information for Your Ad ( including any photographs, videos or document PDF’s ) in the form required by HD Traders from time to time;
b) describe the advertised Item accurately;
c) comply with any relevant HD Traders advertising policy;
d) obtain permission from the owner of copyright in any third party material used in Your Ad;
e) maintain the confidentiality of your password information required to access Your Ad and immediately change the password if it is lost, stolen or compromised in any way. You are responsible for all transactions entered into under Your registered user ID and password; and
f) remove Your Ad if the advertised Item is: sold; or withdrawn by You from sale.

4. What You Must Not Do

You must not offer for sale any Item:
a) that You are not the owner of; or
b) in all other cases, which You do not have the right to sell.
You must not submit an Ad which:
a) does not comply with all relevant laws;
b) infringes the intellectual property rights of any person including any company or organisation;
c) is illegal, fraudulent, obscene, offensive, defamatory, or in any way unsuitable for people under the age of eighteen (18) years;
d) is misleading or deceptive or likely to mislead or deceive including, photos or text that do not match the Item;
e) comprise anything which may adversely reflect on HD Traders or any website on which Your Ad is published; or
f) include references or links to other websites or HTML enhancement text;
g) offers multiple Items in a single Ad;
h) You must not alter or amend an Ad to describe or offer an Item which is different to the Item originally published.

5. Publication of Advertisements

HD Traders is not bound to publish Your Ad until accepted by HD Trader. Your Ad is accepted when HD Traders publishes Your Ad.

If accepted, HD Traders will publish Your Ad as set out in the Application on the terms and conditions of this Agreement.

HD Traders may republish Your Ad on such other websites, search engines, applications and print or other media as HD Traders determines from time to time in its absolute discretion.

You acknowledge and agree that while every endeavor will be made to publish Your Ad as submitted, HD Traders will not ( other than as set out in clause 10) be liable for any error, omission or failure to publish Your Ad in the form ordered, including acts or omissions of HD Traders, its employees or agents.

HD Traders may refuse to publish, withdraw or terminate the publication Your Ad if:

a) You breach this Agreement; or
b) You have not logged on to the administration pages of Your Ad for more than 30 days; or
c) HD Traders determines, in its absolute discretion without notice, to refuse to publish, withdraws or terminate the publication Your Ad.

Despite anything in this Agreement, HD Traders has absolute editorial control in relation to the publication of Your Ad, including, but not limited to the format, position and placement of Your Ad.

Third party offers to republish Your Ad in print or other media are subject to separate terms and conditions. HD Traders will not be responsible for third party terms and conditions, any services provided by the third party or resolving any dispute between You and any third party.

6. Cancellation and Withdrawal of Advertisements

Once Your Application is submitted to HD Traders it cannot be cancelled. An Ad may be removed at any time after publication. All advertising fees remain payable and if paid, You will not be entitled to a refund.

7. Intellectual Property Rights

You hereby assign to HD Traders all copyright and other intellectual property rights in Your Ad (other than third party material).

8. Payment

You must pay the advertising fee at the rate and in the manner set out in the Application. The advertising fee is payable despite the termination of this Agreement or failure to publish an Ad which is caused by You.

You will not be entitled to a refund or credit if HD Traders withdraws or terminates the publication of Your Ad if You were not entitled to place an Ad or You are otherwise in breach of this Agreement.

9. Refund

Once payment has been accepted and your listing has been activated, no refund will be given under any circumstances.

10. You Indemnify HD Trader

You indemnify HD Traders against all actions, claims and demands (including the cost of defending or settling any actions, claims and demands) which may be instituted against HD Traders arising out of:

a) a breach of this Agreement by You;
b) any willful, unlawful or negligent act or omission by You;
c) the publication by HD Traders or any other person of Your Ad;
d) the sale or offering for sale of any Item.

11. HD Traders Liability to You is Limited

HD Traders will only be liable to You:
a) where the law implies a term into these terms and conditions which cannot be excluded and HD Traders breaches that term. Provided that, where the breach relates to goods or services that are not of a kind ordinarily acquired for personal, domestic or household use or consumption and where it is fair and reasonable to do so HD Traders liability is limited, at its option, to replacing, repairing or re-supplying the relevant goods or re-supplying the relevant services; or
b) if the claim arises from or in connection with any deliberate breach of these terms and conditions or fraud by HD Traders.

Other than as set out above, hdtraders.com will not be liable to You:
a) for claims arising out of or in connection with this Agreement or the publication of Your Ad whether arising in contract, tort (including negligence), indemnity, strict liability, breach of warranty or statute; and b) for loss of use, production, profit, revenue, business, data, contract or 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.
c) For the purposes of clauses 9 and 10, the term HD Traders will mean HD Trader, its officers, employees, contractors and agents, whether individually or collectively.

12. Privacy

To read how HD Traders collects, uses and discloses your personal information, click here.

Please be aware that as an advertiser on the HD Traders website You may receive correspondence regarding the status of Your Ad. This may include confirmation of the receipt and publication of Your Ad, confirmation of any changes made by You, and notification of possible changes to the status of Your Ad. You will also be notified of any changes to HD Traders or associated websites that may have a direct effect on the content or appearance of Your Ad. This correspondence forms part of this service and is necessary for the management of Your Ad. If You do not wish to receive this correspondence please do not submit an advertisement for publication on HD Traders website.

13. What Law Governs this Agreement

This Agreement is governed by and construed in accordance with the laws of the State of Queensland, Australia and You irrevocably submit to the exclusive jurisdiction of the courts in that State.

14. Entire Agreement

This Agreement, the Application, HD Traders Terms and Conditions of Use and any warranties implied by law which cannot be excluded form the entire Agreement between You and HD Trader. All other terms whether express or implied are excluded. This Agreement will prevail to the extent of any inconsistency with the Terms and Conditions of Use.

15. HD Traders May Change This Agreement

HD Traders may, in its absolute discretion modify or amend this Agreement and such modifications or amendments will be binding upon You once displayed on this web site. You should regularly check theses terms and conditions displayed on this web site.

All rights not expressly granted are reserved.

If any provision of this Agreement is invalid, illegal or unenforceable in any respect such invalid, illegal or unenforceable provision is to be severed from this Agreement and the remaining terms will apply.
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