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GoldGear Terms & Conditions


Using GoldGear

As a condition of your use of GoldGear you agree that you will not:

  • violate any laws;
  • violate the General posting policy;
  • post any threatening, abusive, defamatory, obscene or indecent material;
  • be false or misleading; or infringe any third-party right;
  • distribute or contain spam, chain letters, or pyramid schemes;
  • distribute viruses or any other technologies that may harm GoldGear or the interests or property of GoldGear users;
  • impose an unreasonable load on our infrastructure or interfere with the proper working of GoldGear;
  • copy, modify, or distribute any other person's content without their consent;
  • use any robot spider, scraper or other automated means to access GoldGear and collect content for any purpose without our express written permission;
  • harvest or otherwise collect information about others, including email addresses, without their consent;
  • bypass measures used to prevent or restrict access to GoldGear.

You are solely responsible for all information that you submit to GoldGear and any consequences that may result from your post. GoldGear reserves the right at our discretion to refuse or delete content that we believe is inappropriate or breaches the above terms. We also reserve the right at our discretion to restrict a user's usage of the site either temporarily or permanently.

Abusing the GoldGear site

GoldGear uses best endeavours to keep the site working properly. Please report problems, offensive content and policy breaches to us by emailing us at info@goldgear.com.au.

GoldGear may issue warnings, limit or terminate service, remove hosted content and take technical and legal steps to keep users off the site, if we think they are creating problems or not acting in accordance to our policies. However, GoldGear does not accept any liability for monitoring or for unauthorised or unlawful content on GoldGear or use of GoldGear by users.

Fees and services

Our fees are quoted in Australian dollars, and they may change from time to time. Any changes to our fees will be posted on the site. Fees may change temporarily for promotional events or new services and these changes become effective once the promotional event or new service is announced. By posting an ad on this site you are deemed to have read and accepted these Terms of Use and the fees as disclosed on the site.

Our fees are non-refundable, and you are responsible for paying them when they're due. If you don't, we may limit your access to the services.

Content

Content on GoldGear is provided by us, you and other users. GoldGear is protected by copyright laws and international treaties. Content displayed on or via GoldGear is protected as a collective work and/or compilation, pursuant to copyright laws and international conventions. You agree not to copy, distribute or modify content from GoldGear without our express written consent. You may not disassemble, decompile, reverse engineer or otherwise attempt to discover any source code contained in GoldGear. Without limiting the foregoing, you agree not to reproduce, copy, sell, resell, or exploit for any purposes any aspect of GoldGear (other than your own content). When you provide content, you are granting us and acknowledging that you have the right to grant us, a non-exclusive, worldwide, perpetual, irrevocable, royalty-free, sub-licensable right to exercise the copyright, publicity, and database rights to that content.

Infringement

Do not post content that infringes the rights of third parties, This includes, but is not limited to, content that infringes on intellectual property rights such as copyright and trademark (e.g. offering counterfeit items for sale). A large number of varied products are offered on GoldGear by private individuals in Australia. Entitled parties, in particular the owners of copyright, trademark rights or other rights owned by third parties can report any offers displayed on GoldGear which may infringe on their rights. If a legal representative of the entitled party reports this to us in the correct manner, products infringing on their intellectual property rights will be removed by GoldGear.

Liability

Nothing in these terms shall limit our liability for fraudulent misrepresentation, for death or personal injury resulting from our negligence or the negligence of our agents or employees. You agree not to hold us responsible for things other users post or do.

We do not review user postings and are not involved in the actual transactions between users. As most of the content on GoldGear comes from other users, we do not guarantee the accuracy of postings or user communications or the quality, safety, or legality of the goods and services on offer.

In no event do we accept any liability for the posting of any unlawful, threatening, abusive, defamatory, obscene or indecent information, or material of any kind which violates or infringes upon the rights of any other person, including without limitation any transmissions that encourage or represent conduct that would constitute a criminal offense, give rise to civil liability or otherwise violate any applicable law.

We cannot guarantee continuous, error-free or secure access to our services or that defects in the service will be corrected. While we will use reasonable efforts to maintain an uninterrupted service, we cannot guarantee this and we do not give any promises or warranties (whether express or implied) about the availability of our services.

Accordingly, to the extent legally permitted, we disclaim all warranties, representations and conditions, express or implied, including those of quality, merchantability, merchantable quality, durability, fitness for a particular purpose and those arising by statute. We are not liable for any loss, whether of money (including profit), goodwill, or reputation, or any special, indirect, or consequential damages arising from your use of GoldGear, even if you advise us or we could reasonably foresee the possibility of any such damage occurring. Some jurisdictions do not allow the disclaimer of warranties or exclusion of damages, so such disclaimers and exclusions may not apply to you.

If GoldGear is found to be liable, our liability to you or any third party (whether in contract, tort, negligence, strict liability in tort, by statute or otherwise) is limited to the greater of (a) the total fees you pay to us in the 12 months prior to the action giving rise to liability, and (b) 50 Australian Dollars.

Personal information

By using GoldGear, you agree to the collection, transfer, storage and use of your personal information by GoldGear on servers located in Australia/USA as described in our Privacy Policy. You also agree to receive marketing communications from us unless you tell us otherwise. Please email us at info@goldgear.com.au if you so not wish to receive marketing communications from us.

Resolution of disputes

Should a dispute arise between you and GoldGear, we strongly encourage you to contact us directly to seek a resolution by emailing us at info@goldgear.com.au. Any reasonable requests will be considered and we will attempt to resolve the dispute through alternative dispute resolution procedures, such as mediation or arbitration, as alternatives to litigation.

General

These terms and the other policies posted on GoldGear constitute the entire agreement between GoldGear and you, superseding any prior agreements.

To the extent permitted by applicable law, this Agreement shall be governed and construed in all respects by the laws of the State of Victoria. You agree that any claim or dispute you may have against GoldGear.com must be resolved by the courts of the State of Victoria. You and GoldGear both agree to submit to the exclusive jurisdiction of the Australian Courts.

If we don't enforce any particular provision, we are not waiving our right to do so later. If a court strikes down any of these terms, the remaining terms will survive. We may automatically assign this agreement at our sole discretion in accordance with the notice provision below.

Any notices to us must be sent by email to info@goldgear.com.au. We will send notices to you via the email address you provide, or by registered mail. Notices sent by registered mail will be deemed received five days following the date of mailing.

This agreement may be updated at any time with updates taking effect when you next post or 30 days after we post the updated policy on the site, whichever is sooner.

General posting policy

You must be at least 18 years of age to use GoldGear.

We want to ensure that the GoldGear site is clean, friendly and as usable as possible for everyone. Ads that fall outside the posting rules stated in this General posting policy may be removed from the site.

You are solely responsible for all information that you submit to GoldGear and any consequences that may result from your post. We reserve the right at our discretion to refuse or delete content that we believe is inappropriate or that breaches this General posting policy. We also reserve the right at our discretion to restrict usage of the site either temporarily or permanently, or refuse a user registration.

Some general reasons why ads are deleted:

  1. Ad breaches our General posting policy.
  2. Ad breaches Australian law. Before posting an ad on GoldGear it is the responsibility of the advertiser to ensure that content advertised adheres to GoldGear posting policies as well as applicable Australian laws. As a condition specified under these Terms of Use, you agree that you will not violate any laws.
  3. The item being offered for sale is not allowed to be sold on GoldGear.
  4. The ad is a duplicate of previously posted ad.
  5. The ad has been posted under the wrong category (You must choose the single most relevant category for your ad).
  6. Ads posted in a language other than English. We only accept ads in English. It's acceptable to include a translation of your ad in another language in addition to English.
  7. Overseas ads are not accepted. GoldGear is for individuals and businesses based in Australia only
  8. The ad contains external links: No external website links are allowed within your ad to other property / job / classified or auction sites
  9. The ad is not descriptive and does not contain enough detail. These ads will be placed on hold or removed as provides a bad browsing experience
  10. Inappropriate language
  11. Inappropriate photo / image
  12. Ads that report other fraudulent ads. Please report potentially fraudulent ads by emailing us at info@goldgear.com.au with ad details (ad id, email address) and the reasons why these ads should be reviewed.

    GoldGear reserves the right to remove any ad that we feel is not relevant, or of value to the GoldGear community, with or without notice to the ad poster.

    There are several ways that your ad may be found to be in breach of policy and removed from the site including:

    • Your ad has been reported to us
      When this happens your ad may be temporarily suspended until it is reviewed. We check reported ads as fast as we can. If we conclude that the ad hasn't broken any of these General posting policies and/or these Terms of Use we will activate the ad again promptly.

    • Your ad has been removed by our moderation tools
      Ads that are identified by us as inappropriate, and found to break these General posting policies and/or these Terms of Use will be removed from the site. In most cases we will email you to let you know that we have removed your ad. Sometimes, these emails get directed to junk folders so please look out for GoldGear emails. You may wish to add GoldGear to your safe senders list if you have one. If you have checked out all of possibilities and none of them apply to your ad then please let us know by emailing us at info@goldgear.com.au located at the bottom of help pages and we'll be happy to help.