Militaria.Name - World Military Auctions

The following User Agreement sets out the Terms and Conditions on which Militaria. Name agrees to offer you access to the Militaria.Name website and also to its services. You understand that by ticking the ?I have read and agree to Militaria. Name?s User Agreement" that you are legally bound to accept the terms and conditions listed below.

Before proceeding to use our services, you should read the User Agreement carefully. If you are unable to agree with any of them, then you must desist from using this Site. If, however, you agree to them unconditionally you will be given the opportunity to click the "I accept" checkbox during our registration process, and you will then be able to use the Site to which this User Agreement applies.

This Agreement may be amended by Militaria. Name at any time by posting any amended terms on this Site. The amended terms shall automatically be effective 7 days after they are initially posted on the Site. As such, it is your responsibility to periodically check to see what amendments have been made to this Agreement and to abide by them. Your continued use of the Site or the services provided on the Site following the posting of any amendments will mean that you legally accept these amendments and any requirements it makes of you. This agreement was last updated on 15th June 2008.

1. Definition of words and phrases used on Militaria.Name

In this Agreement, the following words and expressions shall be deemed to have the following meanings:

"Auction Only" means an Item offered for sale using an auction style selling format.

"Auction with ?Get it Now? Price" means an item offered for sale using an auction style selling format but which also has the open option to purchase immediately at a fixed price set by the Seller.

"Bidder" means a person who bids for the Item in an auction in compliance with this Agreement.

"Buyer" means a Bidder who has made the highest bid in an auction or a person who otherwise places an order with a Seller for an Item in compliance with this Agreement.

"Get it Now? means a listing feature that lets a buyer purchase an Item immediately for a fixed price set by the Seller.

"Checkout Area" means a restricted area of the Site which provides a facility for a Buyer to inform a Seller of their transaction details.

"Item" means a good or service offered for sale at the Site in compliance with this Agreement.

"Points" means points and comments to be posted by a User detailing their dealings with a particular Seller.

"Level" means a total of points a User has received due to other Users leaving them feedback after a transaction.

"Seller" means a person offering an Item for sale at the Site in compliance with this Agreement.

"Services" means the online shopping and auction platform and all other services offered by Militaria. Name at the Site.

"User" means a User of the Site, including but not limited to its Members and Buyers and Sellers.

2. Formation of Contract

2.1 In order that a legally binding contract can be formed between Militaria. Name and a member, the member is required to accept this User Agreement unconditionally by clicking the "I have read and accept Militaria. Name?s User Agreement" checkbox during the registration process upon which, he/she enters a legally binding agreement to comply with all Policies and Conditions set down by Militaria. Name.

2.2 Militaria. Name in its absolute discretion reserves all its rights to refuse, suspend or cancel the membership of any member without notice and without explanation.

2.3 This User Agreement shall override any contrary terms or conditions binding on Members which may be published by Militaria. Name on this Site.

2.4 In consideration of Militaria. Name agreeing to your use of the Site, you agree to comply with all terms and conditions of this User Agreement.

3. Functions of Militaria.Name

3.1 Militaria. Name is a location for members to offer, sell or buy Militaria and Collectable Items. Militaria. Name is not an auctioneer and does not purport to hold an Auctioneers licence or Auctioneer?s qualification.

3.2 There is No warranty for goods offered.

You acknowledge that Militaria. Name does not and cannot see or examine Items that are listed for sale and has no control whatsoever on the actual quantity, quality, safety, legality or the fitness for any purpose of the Item. Militaria. Name will under no circumstances accept or assume any liability whatsoever in respect of any Item.

3.3 There is No warranty of completion of sale.

You acknowledge that Militaria. Name makes no representation as to the ownership of title in Items or as to the abilities of either a Buyer or Seller to complete a transaction. Further, Militaria. Name does not warrant to any party that any Seller or Buyer will complete the sale or purchase of any Item. All persons are urged to be aware of the risk associated with dealing with foreign nationals, or any other people acting under false pretences i.e. fraudulently, or persons having no contracting capacities. Seller and Buyer Beware.

3.4 There is No warranty of identity of persons.

You acknowledge that Militaria. Name cannot and does not confirm the identity of each User. You are therefore advised to be careful in dealing with other Users in order 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. Militaria. Name takes no responsibility for any action or omission of any User.

3.5 There is No warranty as to the accuracy of any information.

You acknowledge that Militaria. Name does not and cannot control the information provided by other Users which is made available through this Site. Militaria. Name therefore makes no warranty as to the accuracy of any information provided by any person through the use of its Services.

36 Militaria. Name accepts no responsibility for any loss or damage, howsoever caused (including through negligence ours or yours) which you may directly or indirectly suffer in connection with your use of the Site, nor does it accept any responsibility for any such loss arising out of your use of or reliance on information contained on or accessed through this Site.

3.7 Liability of Militaria. Name.

In circumstances where there is a dispute between Users or any dispute arising from the use of the Services provided by Militaria. Name. Then Militaria. Name shall be released from any and 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 said disputes.

3.8 Costs of Militaria. Name.

In circumstances where Militaria. Name is required by you or by your order in any litigation in which you are involved whether under summons or order of the Court of Queensland or any competent jurisdiction, including complying with any order for discovery or attending court for giving evidence, you shall be responsible for all costs incurred by Militaria. Name in connection with the provision of such a service, this includes any costs incurred by Militaria. Name's for taking any necessary legal or other professional advice or representation.
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 Militaria. Name account, User ID, Password, Comments and Points, may not be transferred or sold to another party under any circumstances
5. Services

5.1 Availability.
Any person wishing to use the Services as a Seller, Bidder or Buyer must first register as a member. Registration is free.

5.2 Registration of Membership.
You may become a member of Militaria. Name by supplying all the required information to Militaria. Name and you are required to accept this User Agreement unconditionally by clicking the "I have read and accept Militaria. Name?s User Agreement" checkbox during the registration process.

6. Provisions relating to Auction and Get it Now

6.1 Your obligations as a Buyer.

(a) If you, as a Bidder, have been notified that your bid has been successful at the end of the auction, or, in respect of a ?Get it Now? sale you issue a purchase order with a fixed price, you must complete the transaction in the manner specified unless you have a good reason to suspect that the Seller is not who they purport to be.

By making a bid or other offer to purchase, you warrant and represent to the Seller that you have the legal right to enter into and complete the transaction in compliance with the laws of Queensland and elsewhere.
(b) The Buyer shall immediately make contact with the Seller at the end of the auction or upon other sale in order to make arrangements for the completion of the transaction and the making of payment.
(c) As a Buyer you must pay to the Seller the total due once the total due is confirmed by the Seller.

62 Your obligations as a Seller.

As a registered Seller, it is your responsibility to ensure that the Item being offered for sale has been accurately and fairly described and is available in sufficient quantities as listed. By listing an Item, you are making an irrevocable offer to sell at or above your start price to the Buyer unless:
i. you have good reason to suspect that the Buyer is fraudulent or not who they purport to be; or
ii. the Buyer fails to meet the terms of payment as set out and listed as a condition in your auction.

6.3 Bids are not retractable.

Bids are not retractable by the Bidder except in the following exceptional circumstances:
i. with the seller's agreement before the selling period ends; or where there has been a significant drop in points after a bid has been placed as a result of significantly adverse or negative feedback comments left by other Bidders or Buyers who have recently conducted business with the same Seller.

6.4 Forbidden Biddings.

6.4.1 You shall not under any circumstances manipulate the price of the Item by using a secondary account, an alias or third party to bid for the Item. This is fraudulent and unfair on other bidders and will not be tolerated.

6.5 Return and exchange Policies.

The Item sold may or may not be returned depending on any agreement you come to with the Seller. All requests for return of the Item shall be made directly to the Seller concerned and Militaria. Name shall bear no responsibility for the processing of such requests or for enforcing action between the parties.

6.6 Method of delivery and payment.

The Seller decides on the method of delivery. The Item may be collected by the Buyer if previously organised and agreed to by the Seller. Otherwise it can be delivered to the Buyer by Australian Post, courier or other method specified by the Seller. The Description and Postage Instructions can be found on the individual auction of the Item. The method of payment is based and method of delivery is agreed in advance between the Seller and the Buyer and in no way involves or concerns Militaria. Name.

7.Worldpay

7.1 The WorldPay gateway and any other listed payment processing facilities are provided to you for convenience only and Militaria. Name gives no warranty, expressed or implied, in connection with such facilities.

Militaria. Name will in no event be liable for any loss, damages, costs or expenses suffered or incurred by you arising out of or as a result of any error and/or mistake and/or misstatement in debiting or crediting your credit card account, 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.
8. Provisions relating to Sellers

8.1 Forbidden Dealings. The following are forbidden dealing which can and will result in your suspension or expulsion from Militaria. Name.
8.1.1 In respect of an auction, you shall not:
(a) you shall not mail or contact by any other means the Bidder in an open auction being run by a different Seller, or offer similar or identical Items at any price level;
(b) you shall not manipulate the price of the Item offered by you, either by using a secondary account, an alias or third party or by self-bidding. This process is called shill-bidding and is fraudulent and unfair to other Users..

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 any and all charges, liens or encumbrances;
(b) which is to be found listed on the Prohibited item List set out by Militaria. Name or which is in contravention of any law or regulations governing the sale of the same;
(c) any item which could be deemed to be infringing upon 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 or racially inciteful statements whether such statements be in the form of words, drawings, photographs or any other medium.
(e) which is obscene or against public decency.

8.1.3 By offering the Item for sale on this Site, you, as Seller, are warranting and undertaking to Militaria. Name and all Buyers that:
(a) you 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 to the best of your truthful knowledge and shall not

(1) contain defamatory, trade libellous, unlawfully threatening or unlawfully harassing or racially inciteful statements;

(2) contain obscene pictures

(3) contain any viruses, Trojan horses, worms, time bombs, or any other computer programming routines that are intended to damage, interfere with or otherwise manipulate or obtain any system data or personal information; and

(4) contain any hyperlinks unless permitted by Militaria. Name;
(5) the Items offered by you are not found on the Prohibited Item List;
(d) you will not list or offer or sell any Item which could in whatsoever way cause Militaria. Name to violate any applicable law, statute, ordinance or regulation whether in Queensland or elsewhere.

8.1.4 In using the Site, you agree not to create any link directly or indirectly to any website other than to Militaria. Name:
(a) that offers goods or services that are prohibited under this Agreement or which appear on the Prohibited items list.

(b) where that site lists the identical item you are trying to sell on Militaria. Name
(c) where that other site contains an offer to sell identical items to your Item that is listed for auction or ?Get it Now? on the Militaria. Name Site, but which have been listed at a lower price that you items start price or the Get it Now price;
(d) that you do not otherwise have authority to add a link.
9. Fees and Payments

9.1 Once you have set up an account with Militaria. Name, you may transfer funds into that pre-paid account in order to keep the account in credit. The balance of the account will be updated periodically in conformity with your activity on the Site. Outstanding balances will be invoiced to you periodically and may be paid either by credit card or any other approved method agreed with Militaria. Name

Militaria. Name does not charge you for joining as a member, nor does it charge a fee for bidding on Items. Militaria. Name charges the Seller a listing fee for certain items and these Listing fees are non-refundable.

Upon sale of an Item, the Seller will be charged a final transaction fee in accordance with Militaria. Name's fee schedule.

9.2 Militaria. Name reserves the right to change the fees charged for any of its services at any time and without previous consultation.

9.3 In the event that Militaria. Name introduces a new Service, the fees for that service are effective at the launch of the service, unless otherwise stated.

9.4 All fees are inclusive of GST and in Australian dollars, unless otherwise stated in this User Agreement.

9.5 Before listing an Item, you MUST review Militaria. Name's fees to ensure you are aware of the fees you will legally incur.

9.6 Credits on your Account are not transferable between members.

9.7 Militaria. Name has a No Refund Policy.

9.8 Credits on your Account are non-refundable, non-transferable and are not under any circumstances redeemable for cash.

9.9 An administration fee is payable where a member wishes to close their account and withdraw the balance of credits made on or before the 15th June 2008.
10. Points, Messages and Forum Boards

10.1 Points, Messages and Forum Boards.
10.1.1 Militaria. Name will provide a channel on this Site for the Users of this Site to award Points and make comment on the trade conduct of any Seller, Bidder or Buyer with whom they have had dealings to assist future buyers.
10.1.2 Militaria. Name also provides a communication channel free of charge which enables Users to send messages to other Users through Militaria. Name.
10.1.3 Militaria. Name also provides a forum free of charge which allows Users to discuss topics or chat with other Users.

10.2 Use of the Points system, Message system and Forum Boards.
(a) You shall use the Points system for leaving genuine and truthful feedback and comments on the trade conduct of any Seller, Bidder or Buyer with whom you have had dealings.

You shall not take any actions which may undermine the integrity of the Points system, such as: leaving extra Points for yourself using secondary User ID's or third parties; leaving Points to assist other Users using secondary accounts or third parties; or by leaving poor Points and comments if a User fails to perform some action that is outside the scope of the auction or purchase. (Points Abuse)
(b) When using the Points system, message system or forum boards, you are prohibited from any posting, sending, transmitting, uploading or otherwise publishing through Militaria. Name, any materials that

(i) interfere with anyone else's use of this Site;

(ii) are abusive, illegal, indecent, obscene, offensive, racially inciteful or threatening in any way;

(iii) which encourage anyone to break the laws of Queensland or elsewhere;

(iv) violate anyone's copyright or other intellectual or other property right;

(v) interfere with the privacy of any other user;

(vi) contain a virus, Trojan horse or other harmful component;

(vii) contain intentionally false or misleading statements of fact or descriptions of the origin of the item or its precedence or

(viii) any item which breaches any of Militaria. Name?s policies or Rules.

10.3 Militaria. Name's Disclaimer in respect of Points, Messages, Forum Content and other Users supplied materials.
Militaria. Name has no intention of and under no obligation to monitor or review any Points, messages and forum boards, discussions, postings, transmissions and the messages posted or sent through or on the Site It assumes no liability or responsibility arising from the contents of any such communications or for any defamation, error, inaccuracy, libel, obscenity or profanity contained in any such communication.

By signing this Agreement you hereby irrevocably and unconditionally waive any claim against Militaria. Name for defamation, libel or whatsoever arising out of any such communication.

Militaria. Name reserves the right to reject or remove any items, material or conversations that are illegal, indecent, obscene or offensive, or that violates the terms of this Agreement in any way.

Alternatively Militaria. Name will insist that you make suitable amendments in order to comply with the terms herein, and Militaria. Name reserves the right to claim damages and or apply for other legal remedies caused by your non-compliance with this Agreement.

11.Headings and Categories

11.1 Headings and Categories contained and listed in Militaria. Name are for reference purposes only and in no way do they define, or attempt to describe the scope or extent of such section, and as such their are no particular limititations on what can and cannot be placed for sale in a particular section or category. Militaria. Name's decision not to proceed with any breach made by you or others does not prevent or hinder Militaria. Name from acting due to failure on your part in any subsequent or similar breaches.

11.2 By signing this agreement you accept full responsibility for any and all text, graphics, pictures, logos, icons, audiovisual material that you may place on the Militaria. Name site and you understand that the practices or conduct of other Users using the Militaria. Name is not necessarily in full conformity with their obligations under this Agreement or that you may act in a similar manner.
11.3 Militaria. Name has no responsibility for approving or validating any transactions, agreements or any other methods of communication, and you accept sole responsibility for the legality of any and all of your actions under laws applying to you.

11.4 Militaria. Name holds no responsibility to hold you harmless from any hazardous merchandise, products or services that may be offered on Militaria. Name. You will not presume that any such items offered will be risk-free to any other people or property.
12. Rights of Militaria.Name

12.1 Militaria. Name has the right to suspend or terminate your account without any compensation without prior consultation if you have:
(a) breached any of the rules and conditions set out in this User Agreement; or
(b) (by conviction, settlement, insurance or escrow investigation, or otherwise) engaged in fraudulent activity in connection with this Site.

22 Rights as regards materials supplied by a User.

Militaria. Name shall have the absolute and unencumbered right to reject or remove any information or materials supplied by you or as listed on your auction without notice or compensation if Militaria. Name considers that information or material would be likely to cause Militaria. Name to incur any liability to third parties or would cause Militaria. Name to be in breach of any law or regulations of any competent jurisdiction or rights of third parties if it was published or allowed to stay on the site..

12.3 Right to withdraw Item.

Militaria. Name shall have the absolute and unencumbered right to withdraw any Item without notice or compensation to a Seller or prospective Buyer if

(a) that item appears on Militaria. Name's Prohibited Items List, not withstanding that such list may be updated by Militaria. Name from time to time. At all times the Responsibility to comply with that list remains upon the User; or
(b) you are found to have breached the terms of the User Agreement set out by Militaria. Name;
(c) if Militaria. Name is unable for any reason whatsoever to verify or authenticate any information provided by you.

12.4 Account Termination.

Upon termination of your account, Militaria. Name agrees to upon your written request, return any amounts owing to you in your pre-paid Militaria. Name account, after the subtraction of a $5.00 for purposes of administration.
13. Specific Warnings

13.1 You must ensure that your access to this Site is not illegal or prohibited by laws which apply to you in the State of Queensland or elsewhere.

13.2 You bear all responsibility and must take all necessary precautions to ensure that your access to Militaria. Name does not expose the site to any viruses, Trojan horses or other computer problems which may interfere with the running of the site.

13.3 Militaria. Name cannot guarantee that the Services will be available at all times or at any specific times.

13.4 Militaria. Name is not responsible in the event a transaction is unable to be in time due to technical difficulties affecting the Militaria. Name system.

13.5 Militaria. Name will not be retaining or any specific details of transactions or listings.

13.6 Militaria. Name is not responsible for ensuring that any warranty obligations mentioned by Sellers are honoured. That is the responsibility of the Buyer and Seller.

13.7 There is deemed to be no legally enforceable contract of sale between Militaria. Name and yourself.

If a bid is accepted by a Seller, then a legally binding contract of sale will be formed directly between the Buyer and the Seller. Militaria. Name does not act as agent for either party under any circumstances.
141. Restricted Use

You are not permitted without Militaria. Name's written permission to obtain, copy or otherwise on-transmit any information obtained from this Site.
15. Information Security

Unfortunately, no data transmission over the internet can be guaranteed as totally secure. Militaria. Name does not guarantee to you, and cannot ensure the security of, any information which you transmit to it. Accordingly, any information which you transmit to Militaria. Name is transmitted at your own risk. Nevertheless, once Militaria. Name receives your transmission, it will take all necessary steps to preserve the security of such information.
16. No Warranties

16.1 All obligations of Militaria. Name are set out in this Agreement. You agree by signing this agreement that Militaria. Name incurs no liability to you in respect of any loss of damage (including any indirect or special or consequential loss or damage) which may be suffered or incurred by you or which may arise directly or indirectly in respect of any failure or omission by any party to complete a sale. Militaria. Name gives absolutely no warranty or condition, express or implied other than those expressly set out in this Agreement.

Militaria. Name cannot guarantee that the functions utilised by this website and the Services provided will not be interrupted or be free of defect . Further we cannot guarantee that this site is free of viruses or other harmful components.

Militaria. Name does not warrant or make any representations regarding the use or the results of the use of this Site.

Militaria. Name specifically disclaims any implied warranties of title, merchantability, fitness for a particular purpose as per Sale of Goods Act and non-infringement of any rights (intellectual or otherwise) in respect of any Item.
17. Indemnity

By signing this agreement to are indemnifying Militaria. Name and holding any of its parent companies, subsidiaries, associates, representatives, administrators and agents, to be free of all and any liability against any claims, demands, proceedings, losses and damages (actual, special and consequential) of every kind and nature, known and unknown, including reasonable legal fees, which may be raised by any third party in circumstances where you have breached this agreement in any way howsoever caused or any of our conditions contained in this agreement or by your violating any law in the State of Queensland or elsewhere.
18. Miscellaneous Items

18.1 You agree by signing this agreement that you will not:
(a) use any device, software or routine to interfere or attempt to interfere with the proper working of this Site or any auction 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 your password to any third parties or use his/her password for any unauthorized purpose.

18.2 General Compliance with Laws.
You shall comply with all applicable laws, statutes, ordinances and regulations regarding his/her use of the Services in the State of Queensland and elsewhere and any bidding on, listing, purchase and sale of the Item herein.

18.3 No Agency.

You accept that there is no agency relationship and nothing said or written can create said relationship namely partnership, joint venture, employee/employer or franchiser/franchisee between Militaria. Name and any Seller, Bidder or Buyer or other persons using Militaria. Name or any of its services.

18.4 Notifications.

Unless explicitly stated otherwise, any notifications to users or any other persons utilising Militaria. Name or its ancilliary services shall be by method of e-mail. Service is deemed to have been satisfied where the said e-mail has been sent to the address given by the user or member. It is the responsibility of the user or member to make sure that the e-mail address given remains current at all times so that that they can receive any communications as soon as possible. Should it become necessary for Militaria. Name to have cause to contact any User during the registration process in order to clarify or confirm any details then such notice shall be deemed to have been legally served by Militaria. Name 7 days after the date appearing on the letter and the letter having been mailed by Australia Post or otherwise.

18.5 Separation and Dissolution.
Should a situation arise where it appears that any provision of this Agreement may be prohibited by law or is deemed to be unenforceable under any applicable law actually applied by any court of competent jurisdiction, then that provision or condition shall be removed from this Agreement and rendered ineffective so far as is possible without modifying the remaining provisions. However, where there is the provision for this particular law to be waived then they are hereby waived by all parties hereto to the full extent permitted by such law and as a result this Agreement shall always be deemed to be valid, binding and enforceable in accordance with its terms and conditions.

19. Privacy
Militaria. Name has a Privacy Policy which applies to all members and is incorporated into this User Agreement by reference. Our current Privacy Policy forms part of our conditions that you must have read and accepted our Privacy Policy when you registered to use this site and become a member. While you remain a member of Militaria. Name you will remain constrained to follow all of its provisions as well as any changes that are made from time to time by Militaria. Name.
20. Copyright

Copyright in Militaria. Name which includes text, graphics, pictures, logos, icons, audiovisual material and software is owned or licensed by Militaria. Name. Other than for the purposes of and subject to the conditions described under the Copyright Act 1968 (Commonwealth) and except as expressly authorised by these terms and conditions, you may not in any form or by any means adapt, reproduce, store, distribute, print, display, perform, publish, or create derivative works from, any content of the Site; or commercialise any information, products or services obtained from any part of this Site without Militaria. Name's prior written permission

21. Governing Law and Jurisdiction

21.1 This Agreement is subject to the laws of Queensland, Australia.

22 Severance
This Agreement, including your access to Militaria. Name can be terminated by us at any time without notice or explanation. In circumstances where this agreement is terminated then such conditions or terms able to survive that termination shall do so.