These Seller’s Terms and Conditions (“the Agreement”)
are applicable if you wish to sell an item on the Flimo Website.
You must read, agree with and accept all of the terms and conditions
contained in this Agreement and with the Terms and Conditions of Use
for Users of the Flimo Website before you list any item for sale on
the Flimo Website.
Interpretation
1. In this Agreement the following words will have the following
meanings:-
(a) “Flimo” means Flimo Pty Ltd A.C.N. 110 462 078
(b) “Website” means the Flimo Website under the domain
name “www.flimo.com.au”
(c) “You” means the Seller and any director, proprietor,
trustee and any other person responsible for the Seller where the
Seller is a company, business or trust or any other entity;
(d) “Your Item” means any item you are listing for sale
on the Flimo Website
2. In this Agreement unless the context otherwise requires:
(a) Words importing the singular or plural include the plural and
singular respectively;
(b) Words importing any gender include every gender;
(c) Words denoting persons include bodies and corporations;
(d) A reference to a party or parties means the named parties to this
document and includes that party’s executors, administrators
and permitted assigns, or if a company, its successors and permitted
assigns;
(e) Clause headings do not affect the interpretation of this document
(f) Where a word or phrase is given a particular meaning in this document,
other parts of speech and grammatical forms of that word or phrase
have a corresponding meaning;
(g) A reference to a clause is a reference to a clause of this document;
and
(h) Every agreement, covenant or undertaking expressed or implied
by which more than one person is bound binds those persons and any
two or more of them jointly and each of them severally.
Right to Amend Agreement
3. We reserve the right to amend this Agreement at any time in our
absolute discretion.
Membership
4. Once you advertise an item for sale on the Flimo Website, you will
become a Flimo member and you will be allocated a membership number
(which will be your email address). You will then be asked to submit
a password which you will need to enter each time you wish to advertise
an item for sale under your membership.
5. Membership is free.
6. Upon becoming a member, Flimo will store your Personal Information
on its database subject to the Privacy Policy. You agree to be bound
by the Privacy Policy. To see Flimo’s Privacy Policy click HERE.
7. You will have the option of cancelling your membership at any time
via the Flimo Website. If you wish to cancel your membership now please
log in HERE.
Fees and Payment
8. When you list an item for sale, you have the opportunity to review and
accept the fees that you will be charged for listing the item for sale. All
fees are quoted in Australian Dollars and are GST inclusive. Click HERE
to see our list of fees.
9. We may change our fees at any time.
10. The cost of your advertisement will be calculated according to our list
of fees. Payment may be made by Visa, MasterCard or Bankcard via the VeriSign
Security Payments System.
11. Secure transmission is made directly through the VeriSign Security Payments
System and Flimo receives a response to your transaction. Flimo does not accept
your advertisement until a successful payment has been confirmed.
12. Flimo will provide you with a Tax Invoice only if you request this option
after your payment.
13. With regard to free advertisements, only 3 free adds are permitted per
member at any one time.
Listing and Selling
13. Only one item may be listed per advertisement. You may make as
many advertisements as you wish.
14. You have the option of choosing in which State or Territory and
in which Category you would like to advertise your item. Flimo does
not provide any advice with respect to advertising and does not accept
any responsibility for any loss of profits or otherwise for any careless
advertising.
15. You must describe your item and all terms of sale on the advertisement.
Your listings may only include text descriptions, graphics, pictures
and other content relevant to the sale of your item. Should you accidentally or
deliberately list your advertisement under an inappropriate category or subcategory,
FLIMO reserves the right to modify your listing to the appropriate category and/or
subcategory.
16. Flimo reserves the right to refuse to place any advertisement
on the Flimo Website that it considers in its absolute discretion
to be offensive or violates this Agreement or any law.
17. By listing your item for sale, Flimo does not warrant that your
advertisement complies with any applicable laws. It is your responsibility
to comply with all laws.
18. Our services are not available to persons under the age of eighteen
(18) years.
19. You must be the legal owner of the item you are advertising or
have the permission of the legal owner to place the advertisement.
20. Any information provided by you in your advertisement and any information
provided by you to Flimo for the purposes of listing your advertisement must
be true and correct..
21. Any information or content you provide to us or list on our Site
must not:
(a) be false, inaccurate or misleading;
(b) be fraudulent
(c) infringe any person’s intellectual property
(d) violate any applicable law
(e) be defamatory or harassing
(f) be obscene, contain child pornography or other prohibited content
(g) contain any viruses or any other damaging computer programming
mechanisms
(h) create liability for Flimo or cause us to lose the services of
our ISP or other suppliers
22. It is your responsibility upon the sale of your Item to ensure
that the advertisement is removed from the Flimo Website.
Compliance with laws
23. Before advertising your item on the Flimo Website, you must ensure
that the supply and advertising of your item complies with all applicable
laws, legislation, regulations, notices including but not limited
to the Trade Practices Act 1974 (Cth), Broadcasting Services Act 1992
(Cth), state based fair trading and consumer protection laws and criminal
codes.
24. You must ensure that you hold all necessary licences to supply
and advertise your item.
25. Flimo may in its sole discretion suspend or terminate your membership
or refuse to list or remove your items from listing if we suspect
that you have engaged in fraudulent activity in connection with our
Website or if you have breached this Agreement or any applicable law.
26. The rights in paragraph 25 above do not limit any other remedies
available to Flimo at law, in equity or under this Agreement.
Terms and Conditions of Use for Users of the Flimo Website
27. The Terms and Conditions for Users of the Flimo Website may be
accessed by clicking HERE and are incorporated into this Agreement.
Prohibited Items
28. You must not list the following items for sale on the Flimo Website:
• alcohol
• any item that would violate any copyright or intellectual
property laws
• weapons
• any protected animals or any animals which cannot be sold
pursuant to any State or Federal laws
• any items that are illegal or would violate any laws
• any offensive items
Cancellation of Advertisements
29. Please consider placing you advertisement on Flimo’s Website very
carefully before making any payments. Once payment has been made, Flimo will
not refund any fees for cancellation of your advertisement or if your advertisement
does not comply with this Agreement or any applicable law.
Indemnity
30. You agree to indemnify and forever hold Flimo, its officers, directors,
agents and employees harmless from and against liability for any claims,
demands, proceedings, losses and damages made by you or by any third
party due to or arising out of your breach of this Agreement or any
applicable law or your use of our site.
Period of advertising
31. Once paid for, the advertisement will be listed on the Flimo Website
for a period of fourteen (14) days. During this period, you will not
be able to amend your advertisement in any way. If you wish to amend
your advertisement you will need to relist your item and pay the appropriate
fee.
32. After ten (10) days, Flimo will send you an email (“the
Reminder Email”) asking you if you would like to relist the
item for a further period of fourteen (14) days if your item has not
been sold.
33. If you choose to relist the item for sale, then you must pay for
a new advertisement calculated in accordance with the list of fees.
34. If you do not respond to the Reminder Email and relist your advertisement,
then your advertisement will automatically be removed from Flimo’s
Website upon the expiry of the fourteen (14) day listing period.
No Agency etc
35. No agency, partnership, joint venture, employee-employer or franchisor-franchisee
relationship is entered into or created by this Agreement between
you and Flimo.
Applicable Law
14. This Agreement will be governed in all respects by the laws of
Queensland, Australia.
