Used Guns in Australia

Used Guns Mart - Terms Conditions & User Agreement 

7521 - Updated 9th November, 2019

 

The following describes the rules for use of the services provided by this Web Site.  If you create an account with Used Guns Mart (Used-Guns.com.au), you agree to the Terms & Conditions and the User Agreement below.

 

Terms

User Name – Is a real or fictitious name provided in the Registration form, that is used to identify you to other registered users and public who view the website.

 

Registered User – Users who agree to be bound by the Terms & Conditions Policy, User Agreement and who supply accurate information in the Registration Form, are given a “User ID & Password” to access the website. Users who are given access to the website by log-in are then termed “Registered Users”.

 

Web Site – The “web site” or “Site” includes but is not limited to the following domain names and URL’s owned and displayed by Used Guns Mart. (USED-GUNS.COM.AU, USEDGUNSMART.COM.AU, USED-GUNS-MART.COM.AU, USED-GUNS.NET.AU)

 

Items – Are firearms and products related to firearms, ammunition, optical systems, hunting equipment, and accessories.

 

Listing – A Listing is a firearm, firearm part or accessory, a product related to firearms or the firearm industry, ammunition, optical system or hunting equipment that has been placed on the Web Site for sale or listed for auction.

 

Shill bidding – “shill” bidding happens when anyone—including family, friends, roommates, employees, or online connections—bids on an item with the intent to artificially increase its price or desirability. This is not permitted on the Web Site and will result in the cancellation of Site registration.

 

Creating an Account. 


The following describes the rules for use of the services provided by this Web Site.  If you create an account with Used Guns Mart (Used-Guns.com.au), you agree to be bound by the Terms & Conditions. If you do not agree to these Terms & Conditions, please do not use our services.

We reserve the right to supplement, revise or update these Terms & Conditions at any time as stated in the Used-Guns.com.au User Agreement (“User Agreement”). Your continued use of the Site following such amendment means that you accept and agree to any such updates, revisions and additional rules. (See amended date at the top of the documents.)

All capitalised terms have the meanings given in the User Agreement, unless they are otherwise defined in these Terms & Conditions. Furthermore, “you” as used in these Terms & Conditions has the meaning given in the User Agreement.

The following describes the rules for use of the services provided by this Web Site.  
 

Use of Our Services:

Our services are only available to individuals who can form legally binding contracts under applicable law. Our services are not available to minors. If you do not qualify for an account for this reason, please do not use our services. This Site provides a forum for buyers and sellers to engage in transactions for products related to firearms, hunting equipment, and accessories (“Items”). We are not involved in the transactions between buyers and sellers ourselves and we are not responsible for the outcome of a transaction except to the extent described in these rules and in the User Agreement.

Auctions

 We provide an advertising venue for sellers to list and sell Items and for buyers to bid on and purchase Items. We do this through an auction-like format, although we are not auctioneers. When a seller lists an Item, the seller provides basic information about the Item, sets out the terms of the sale (which may vary from the basic terms in these rules in some instances), and the seller may, if he chooses, set a reserve price, a minimum bid or starting bid. Below you will find further information and rules on selling and bidding on the Site.

The winning bidder is the highest bidder on the Item, or in the event of a tie, the bidder who placed the highest bid first. In the case of a reserve price auction, a bid is only a winning bid if it meets or exceeds the reserve price on the Item.

Registrations

1. Registration Accuracy In order to use our Site you must first Register by completing the Registration form on the Website.  You must provide true and accurate User Information about yourself in the registration form. This includes your full name, and State. If you choose to complete the Address details on the form, the information provided must be truthful and accurate. You may use a fictitious “User Name” for display in your Advertisements. It is your responsibility to keep this information up-to-date. It is a violation of Australian law to make bids in a false name or with an invalid credit card, even if our software initially accepts such a bid.  Please be aware that even if you do not provide your real name, your web browser transmits a unique Internet address to us that can be used by law enforcement officials to identify you. Do not test our auctions with false bids. This puts you at substantial personal legal risk. Fraudulent bidders will be prosecuted to the fullest extent of the law. Currently, various state, federal and international law enforcement agencies have become involved in investigating Internet fraud cases.

2. Registered User Account Password and Security Once you register, you will receive a User ID and a password. You are responsible for maintaining the confidentiality of your User ID and your Password. You are also entirely responsible for any and all activities that occur under your User ID and Password. You must notify us immediately if you become aware of any unauthorised use of your User ID and Password or any other breach of security relating to Your User ID and Password and the Site.

 

Sellers’ Rules

1. Listing.  Only “Verified” registered users may conduct an Auction on the Web Site. To become a “Verified registered user” you must provide us with proof of identity documents such as an Australian State Firearms Licence & Photo ID such as a Drivers Licence or Passport Document. For Firearms Dealers we require a copy of your Australian State Dealer Firearms Licence and Photo ID such as a Drivers Licence or Passport.

 Once you list an Item for auction it becomes an irrevocable offer to sell the Item to the winning bidder. Once there is a winning bid, you have a binding legal agreement to sell the listed Item to the winning bidder under the User Agreement, these Terms & Conditions, and according to the terms of your listing for the Item. Once you list an Item and receive a winning bid, you cannot withdraw it from sale. Please carefully consider these obligations before you place an Item for auction.

Note that under our Privacy Policy, by listing an item, you authorise us to release your contact information, including your name, email address and telephone number (in addition to any other information provided by you in your listing), to the person who placed the winning bid on the Item you listed.

2. Listing Content. A Listing must offer a specific product or service at a specific price. Any Listing we consider to be general advertising instead of an offering of a specific product or service may be removed at our sole discretion. We reserve the right to edit (but have no obligation to do so) or remove an auction Listing for violations of law, violations of these Terms & Conditions or the User Agreement, or in our sole discretion. We may move a Listing to another category or remove a Listing from an additional category, if we consider the Listing inappropriate for the listed category. Please put your Listings in the most appropriate category to save confusion. You hereby grant to us and our affiliates a non-exclusive, worldwide, perpetual, irrevocable, royalty-free right and license to exercise the copyright, publicity, and database rights you have in any Listing, Posting or content you post to the Site, in order to allow us to (i) list the content on the Site, (ii) update or improve the Site and any relevant Services, and/or (ii) make use of such Listings, Postings or content for uses related to the Site including electronic or print publications, reference materials or reports to third parties regarding sales and listings on the Site. (Any such publications or reports made available to third parties, other than in the context of law enforcement, will not include any user’s personal information.)

For the convenience of sellers, we may offer catalogues of stock images, data, descriptions, and product specifications that are provided by third parties (“Catalogue Content”).  You may use Catalogue Content solely on the Site in connection with your Listings on the Site.

While we try to offer reliable data, we cannot promise that the Catalogue Content will always be accurate and up-to-date, and you agree not to hold our Catalogue Content providers or us responsible for inaccuracies in such content. If you choose to include such Catalogue Content in your Listings, you continue to be fully responsible for your listings and for ensuring that your Listings are accurate, do not include misleading information, and comply with the User Agreement, these Terms & Conditions and all User Guns Mart policies.

The Catalogue Content may include copyrighted, trademarked, or other proprietary materials that belong to us or third parties. Your right to use the Catalogue Content is strictly limited to use on the Site with your Listings on the Site, and for no other reason whatsoever. The Catalogue Content is for your personal use only, and may not be downloaded, copied, reproduced, distributed, transmitted, broadcast, displayed, sold, licensed, or otherwise exploited for any other purposes whatsoever without the prior written consent of the respective owners. You may not remove any copyright, proprietary, or identification markings included with the Catalogue Content, or create any derivative works based on Catalogue Content (other than by including them in your Listings).  You further agree not to enable or allow any third parties to do what you are prohibited from doing herein.

Your description of the Item must be accurate and truthful. Adding additional unrelated keywords to your Listing to make it appear through our search facilities is prohibited. Item titles may not be in ALL CAPS. We do not allow the posting of multiple Listings for the same item; excessive duplicate Listings may be removed at our sole discretion without notice.

3. Prohibited Listings. You must have the legal right to sell any Items you list on our Site. You may not list the following on our Site:

(a) Items that in our sole discretion, are not directly related to firearms and the firearms industry; (b) bulk email lists; (c) illegal weapons, instructions, kits, plans, or parts designed to illegally convert firearms to full-auto fire; (e) instructions, kits, plans, or parts designed to illegally build silencers; (f) instructions on how to build bombs or explosives; (g) unauthorised replicas, (h) items containing names or signatures of any person unless authorised by that person; (i) hazardous, restricted or toxic materials or substances; or (j) multi-level marketing or similar programs. You may not list any Item that would cause us or you to violate any applicable law, statute, ordinance or regulation. You may not list any Item that is stolen or counterfeit.  Your Listing may not be defamatory, libellous, threatening or harassing; and it may not contain obscenity or pornography.

4. Viruses, Etc. You may not use the Site to distribute viruses or other technologies that may harm the Site or the interests or property of us or of any other User.

5. Non-Australian. Sellers. Australian residents are welcome to register and place Items for sale or auction on the Site, provided you assume complete responsibility for compliance with all Legal Requirements under Australian State & Federal Laws. All items listed for sale must be located in Australia. Non-Australian residents may not register or place items for sale on the site.

6. Information Provided: You agree that any guidance provided on the Site (whether as part of these Terms & Conditions, the User Agreement or elsewhere) does not constitute legal advice to you or any other person, and you are responsible for ensuring that you obtain any legal advice necessary to ensure your compliance with Australian State & Federal Legal Requirements applicable to your Listing and sale/purchase. We reserve the right to void and/or remove a Listing where the Item is located outside of Australia and the country of origin is not clearly identified in the Listing.

 

Buyers’ Rules

1. Auction Bidding. If you place a bid on an Item it is an irrevocable offer to buy the Item at the price in the bid. If you place the winning bid, you have a binding legal agreement with the seller to buy the Item at the winning bid price by the terms in the Item listing and according to these Terms & Conditions. You must resolve any questions you have about the Item by contacting the seller of the Item before placing a bid. Do not place a bid until you are sure that you understand what you are bidding on and, if necessary, after you have received answers to any questions you have from the seller.

Once a bid is placed, you may not cancel or retract the bid without the permission of the seller. The seller is not obligated to grant permission to retract or cancel a bid, and Used Guns Mart will not request permission from the seller for a bid retraction or cancellation on your behalf. Any bid cancellation must be worked out between bidder and seller without assistance from the Used Guns Mart.

Bidding is subject to bid increments and Items may be subject to a minimum bid.

Note that under the Privacy Policy, by bidding on an Item, you authorise us to release your contact information, including name, email address and telephone number, (and any other information held by us that relates to your account) to the seller who listed the Item.

2. Payment. This Site does not accept payment in any form for any Items.  Bidders must remit payment directly to the seller for any Item won. If you pay us for an Item you won, we may deduct from that payment any fees or costs (such as check fees and/or credit card transaction fees) we incur as a result of receiving your payment and having to refund your payment.


Terms of Sale

1. Basic Terms of Sale. Unless the listing terms for a particular Item are different, the basic terms of sale of an auction Item are as follows:

Non-Firearm Items:

  • Buyer pays funds to the Seller by PayPal account, Credit Card, Direct Bank Transfer, Bank Cheque, money order, or Escrow services.
  • Personal or business cheques may be held by seller until they clear (maximum of ten business days).
  • All transfer paperwork must be completed in accordance with all state laws applicable to the seller’s firearm licence prior to shipping.
  • Shipping and insurance with tracking number provided, must be paid by the seller, unless clearly stated in the item Auction or Advertisement.
  • Payment from the winning bidder must be received within 10 days of initial contact by seller after the auction closes.
  • Items must be shipped promptly upon clearance of funds.
  • Seller (or seller’s common carrier) is responsible for the Item until the Item is received by the buyer or the buyers nominated firearms dealer.

 

Firearm Items:

  • Buyer pays funds to the Seller by PayPal account, Credit Card, Direct Bank Transfer, Bank Cheque, money order, or Escrow services.
  • Personal or business cheques may be held by seller until they clear (maximum of ten business days).
  • All transfer paperwork must be completed in accordance with all State and Federal Laws applicable to the seller’s firearm licence prior to shipping.
  • Shipping and insurance with tracking number provided, must be paid by the seller, unless clearly stated in the item Auction or advertisement.
  • Payment from the winning bidder must be received within 10 days of initial contact by seller after the auction closes.
  • Item is guaranteed to be working and "As Described" in accordance with our "Firearms Condition Policy" when delivered; no other warranty (express or implied) is offered by the seller unless stated in the Advertisement.
  • Items must be shipped promptly upon clearance of funds.
  • Seller (or seller’s common carrier) is responsible for the Item until the Item is received to the buyer or the buyer’s receiving Firearms Dealer.


In general, no transaction should take over 30 days from the close of an auction until the buyer receives the Item. We strongly recommend insuring all shipments and using delivery confirmation wherever possible.

2. Required Terms of Sale. The following terms of sale may not be modified by the terms of any Listing for a particular Item; any attempt to do so will be invalid and these terms will control.

  • Buyer must make arrangements with a licenced Firearms Dealer to accept delivery on your behalf, before placing a bid. Buyer must mail, email or fax a copy of his/her transfer Firearm Dealer’s licence to the seller before the Item can be shipped. 


Auction Closing

Auction listings display the scheduled closing time for the auction. The Web Site will accept bids up until the closing time of the auction.


Our Fees


1. Fees. Our fees are detailed on our Fees & Advertising Plans page. We may add, delete or change some or all of our services and fees at any time in our sole discretion, and any such change will take effect without further notice to you. It is your responsibility to check these rules, Advertising Plans and the Fees page before you engage in a transaction. Unless otherwise stated, all fees are quoted in Australian. dollars. You are responsible for paying all applicable taxes and for all hardware, software, service and other costs you incur when you bid, buy, list or otherwise access our Site. ANY AND ALL PAYMENTS MADE TO US ARE NON-REFUNDABLE.  This rule applies whether or not the Item sells.

2. Incomplete Transaction Credits. If a transaction is not completed by the bidder for any reason, we will credit the seller for a re-list of the Item. If a seller refuses to complete any auction with a winning bidder, we will not issue a credit for any fees that seller incurs for that incomplete transaction. We will not issue credits for any sales that violate these Terms & Conditions or the User Agreement, including illegal, improper or invalid Listings, or Listings that incur fees due to “shill” bidding.

3. Fee Avoidance. You are not permitted to avoid or circumvent paying our fees. By this we mean that activities such as the following are prohibited:

  1. Using contact information obtained from our Site or using a website feature to:

(a) Offer to sell merchandise outside of our Site;

(b) Offer to sell an Item outside of the Site to a bidder who placed a bid but did not meet the reserve price; or

(c) Sell duplicate or additional merchandise outside of the Site to non-winning bidders.

   2. Ending an auction early to sell the Item at a higher price.

   3. Offering in a Listing the opportunity to purchase the Item or other merchandise outside of our Site.

   4. Offering multiple identical or similar items in a single Advertisement.

   5. Linking to an Item on another website that is identical to the Item offered at auction but is priced lower than the auction item’s reserve price or starting bid.

   6. Listing an Item with a low price but charging unreasonably high shipping or handling costs.

   7. Listing a single Item and offering additional identical Items for sale in the item Listing. In this type of Listing, the seller instructs buyers to indicate the number of items they want and states that they can get the same price as the Item in the Listing.

If you engage in one of these practices once, we reserve the right to terminate your account immediately. In the event we issue a warning to you, repeated violations will lead to a termination of your account.

4. Advertising Services. Payment for any of our advertising services (Top of Page, Banner Ads, Category front listing, Featured Advertising placement or features such as border, background colour, "private sale" "auction" or "bargain" banner add-ons, Newsletter or Opt-In Mail Advertising, etc.) is non-refundable.

 

System Abuse

1. Refusal of Service and Indemnification. We reserve the right to refuse service to anyone. We will exercise this right with buyers who win an auction and fail to complete the transaction, and with sellers who list an Item and fail to sell it to the winning bidder(s). If you are found to have engaged in any abusive or fraudulent activity in connection with the Site, we may terminate your account.  You are liable for and must indemnify, defend and hold us harmless from all claims, losses, damages, liabilities, judgements and fees, and pay any costs incurred by us for your misuse of the Site or for your violation of any of the Terms and Conditions and the User Agreement, including but not limited to the amounts of third party claims against us, our actual legal fees and collection costs, and our fees incurred for any Items you win but fail to pay for or any Items on which you place false bids, as well as the cost of our time spent in resolving deliberate rules violations including legal costs.

2. Side Deals. If a bid does not meet or exceed the reserve price (if any), on the Item then the bid is not a winning bid and the non-winning bidder is not obligated to buy the Item. Sellers are prohibited from soliciting or engaging in “side deals” with non-winning bidders during or after the auction. Non-winning bidders are prohibited from contacting sellers and requesting a side deal during or after the auction. Soliciting or engaging in side deals may result in suspension or termination of your account.

Any such transaction made between a non-winning bidder and a seller is a “side deal” and is outside the scope of this auction Site and the Terms & Conditions (other than the paragraph immediately above prohibiting side deals). We will not provide contact information for users involved in a side deal. Buyers and sellers involved in a side deal cannot post feedback and cannot use the Site’s problem resolution tools. We provide absolutely no assistance of any kind for buyers and sellers involved in a side deal in the event of problems.

3. Bid Manipulation. Bid manipulation of any kind is expressly forbidden.  A seller may not place bids or arrange to have bids placed on his behalf. Shill bidding is not allowed and may be a violation of law. Shill bidding means placing a bid, or asking a third party to place a bid, in order to create an artificial bidding war. Buyers may not communicate with each other in order to manipulate the final purchase price of an item.

4. Buyer’s Protection/Dispute Resolution. Complaints of fraud by users of our Site are extremely rare. Buyers & Sellers have a responsibility to take steps to prevent problems. We provide a feedback system where buyers and sellers can publicly post their experiences with each other. Before placing a bid, a buyer should check the seller’s feedback to see how the seller has handled himself in past transactions. We strongly recommend that the buyer use either a credit card or an online Escrow service because of the extra protection these payment options offer. To avoid some of the most common problems encountered by users of websites such as our Site, never send cash or use any payment method that provides no proof of payment, and never wire money outside of Australia.

If you are the winning bidder in an auction transaction, you send your payment and you either do not receive your item or receive an item that is substantially different from what was advertised, 

All other complaints about a buyer or a seller in an auction must be addressed through the Support Ticket System. We will not accept complaints via email, fax or telephone. Although disputes between buyers and sellers are rare, our Site is only a transaction venue and we will not arbitrate disputes or arguments between Users.

5. Unauthorised Use of Mail System/Spam. Our User-to-User messaging system (“Contact this Advertiser,” “Make an Offer,” etc.) exists solely to allow contact between a bidder (or potential buyer/bidder) and a seller for the purpose of engaging in an Auction or completing a transaction. You are prohibited from using the messaging system for any other purpose. You may not contact bidders on similar listed Items and promote your own Items or offer another item for sale. You may not use this Site to engage in “spamming” (sending unsolicited commercial email to other users) for any purpose, including promoting the Site to earn affiliate program awards. Spamming will be reported to the applicable ISP(s) for further punitive action and may result in criminal or civil penalties under various Federal or state “anti-spam” laws. Abuse of our mail system and/or sending spam is a serious offence and will result in closure of your account.

6. Use of Message Boards. Users wishing to participate in the message boards offered on the Site must adhere to the following rules. In using the message boards, you may not:

  • Include profanity, vulgarity, hate speech, disruptive or hostile comments, interpersonal disputes, or threats of violence in any post.
  • Include any material in a post that is pornographic or adult in nature.
  • Attempt to impersonate Used Guns Mart personnel or any other user.
  • Refuse to follow Used Guns Mart staff instructions to you.
  • Post any materials that violate the User Agreement or these Terms & Conditions Policy.
  • Include another person’s email address or other contact information in a post.
  • Advertise any merchandise or offer to trade, or solicit charitable donations.
  • Post URLs or use JavaScript or active code in posts, make repetitive posts, or otherwise take actions that interfere with Web Site operations.


7. User-Generated Content - We are not responsible for user-generated content such as Postings, Item listings, messages on our message forums, feedback, pictures, etc. You are solely responsible for any information that you post to this Site; we are only a passive conduit for your online distribution and publication of your information. If you post information that is libellous, slanderous, violates any law, or violates the intellectual property rights of anyone else, you will be solely liable for the consequences. We may take any action, including but not limited to removing the content or suspending or terminating your account, deemed necessary in our sole discretion to protect ourselves if we believe your information may create liability for us or may cause us to lose the services of our ISPs or other suppliers.

Participating in Advertiser Promotions

You may click on advertisements, or otherwise correspond with or participate in promotions of the advertisers that advertise on our Site. Any such action, participation or correspondence is solely between you and the advertiser and we have no responsibility or obligation to you or the advertiser for your transactions or correspondence.

Feedback

Feedback may only be posted between buyers and seller or between the winning bidder and the seller after a transaction.  Feedback is associated with a specific Item Listing and must pertain specifically to that Listing. If you submit feedback, make sure that your rating and comments are truthful to the best of your knowledge and accurately reflect what happened in the transactions; be careful not to submit feedback hastily and in anger. Do not take any actions that would undermine the integrity of the feedback system, including posting false good feedback to artificially improve another User’s rating or posting false bad feedback to damage another User’s rating. If you accumulate excessive negative feedback or display a pattern of unacceptable behaviour your account may be suspended or permanently terminated.

This Web Site is not responsible for the information posted by a User in the feedback system. It is not our responsibility to determine the “truthfulness” of posted feedback, and we do not arbitrate disputes over feedback. We reserve the right to remove any User-posted feedback at any time for any reason.

Scheduled Maintenance/System Downtime

We reserve the hours between 1:00 am and 6:00 am (Western Australian Time Zone UTC +8:00) for system maintenance.  This may or may not cause system downtime. Auction ending times may be extended without notice as a result of scheduled or unscheduled downtime, but any such extensions are made at our discretion.

Technical Difficulties

We are not responsible for bids not being processed or not being accepted due to technical difficulties. Auctions will not necessarily be extended due to technical problems. Do not wait until the last minute to bid!

Termination

We may, at our sole discretion, terminate your account at any time if your conduct fails to conform to the User Agreement or these Terms & Conditions. We may in our discretion terminate your account immediately if you harass, are abusive to, or use profanity directed to other Users, our Web Site or our personnel. Such action will also result in a notation appearing in your feedback.

Protecting Your Intellectual Property and Copyright.

Digital Millennium Copyright Act. Our policy is to respond to notices of alleged infringement that comply with the Digital Millennium Copyright Act (“DMCA”). Copyright-infringing materials found on the Site can be identified and removed via our process listed below and you agree to comply with such process in the event you are involved in any claim of copyright infringement to which the DMCA may be applicable.

Any individual or corporate entity (“Copyright Owner”) that believes in good faith that a User has infringed such Copyright Owner’s copyright(s), can request that we take down the infringing material(s) by following the steps in this DMCA compliance process. Please note that we do not and will not make any legal decisions about the validity of a Copyright Owner’s claim or your defence to a claim.

When a clear and valid notice is received pursuant to the guidelines set forth below, we will respond by either taking down the allegedly infringing content or blocking access to it. We may contact the notice provider to request additional information.

Under the DMCA, we are required to take reasonable steps to notify the User who posted the allegedly infringing content (“Alleged Infringer”). The Alleged Infringer is allowed under the law to send us a counter notification as instructed below (“counter-notice”).  On receiving a counter-notice, we may restore the allegedly infringing content unless we receive notice from the original notice provider that a legal action has been filed seeking a court order to restrain the Alleged Infringer from engaging in the allegedly infringing activity.

Notices and counter-notices are legal notices distinct from regular Site activities or communications, and are not subject to our Privacy Policy. This means that we may publish or share them with third parties at our discretion (in addition to producing them pursuant to a subpoena or other legal discovery request).

Anyone making a false or fraudulent notice or counter-notice may be liable for damages under the DMCA, including costs and legal fees. Any person who is unsure of whether certain material infringes a copyright held by such person or a third party, you should contact a lawyer.

Filing a DMCA “Take Down” Notice

To file a DMCA notice, the Copyright Owner must send in a written letter by regular mail only (not by email). We reserve the right to ignore a notice that is not in compliance with the DMCA, and we may, but are not obligated to, respond to a non-compliant notice.

A DMCA notice must:

  1. Identify specifically the copyrighted work(s) believed to have been infringed (for example, “My copyrighted work is the picture that appears at [list location where material is located].”);
  2. Identify the Content that a Copyright Owner claims is infringing on copyrighted work. Copyright Owner must provide information reasonably sufficient to enable us to locate the item on the Site. Copyright Owner should provide clear screenshots of the allegedly infringing materials for identification purposes only. The information provided should be as detailed as possible;
  3. Provide information sufficient to permit us to contact the Copyright Owner directly: name, street address, telephone number, and email (if available);
  4. If possible, provide information sufficient to permit us to notify the Alleged Infringer (email address preferred);
  5. Include the following statement: “I have a good faith belief that use of the material in the manner complained of is not authorised by the copyright owner, its agent, or the law.”;
  6. Include the following statement: “I swear, under penalty of perjury, that the information in the notification is accurate and that I am the copyright owner or am authorised to act on behalf of the owner of an exclusive right that is allegedly infringed.”;
  7. The notice must be signed;
  8. The notice must be sent to the following address:

DMCA Notice

Used Guns Mart
 PO Box 297 Willetton, WA 6149 

 

©    Copyright Used Guns Mart 2019

 

Used Guns Mart - User Agreement

 

03594  - Updated 9th November, 2018

 

Introduction


By using the Site (Used-Guns.com.au, Used-Guns-Mart.com.au, Used-Guns.net.au, UsedGunsMart.com.au), any of its subdomains or any other Web site on which a link to this agreement appears (collectively, the “Site”), you agree to the following terms with Used Guns Mart and its affiliated companies (“Used-Guns.com.au” or “we”) regarding use of the Site and the services offered on the Site.  Before being permitted to act as a registered user of the Site, you must read and accept all of the terms in, and linked to, this Used Guns Mart (Used-Guns.com.au) User Agreement (this “Agreement”).  By accepting this Used Guns Mart User Agreement, you agree that this Agreement, as well as the linked documents made a part of this Agreement such as the Cookies Policy, Privacy Policy and Terms & Conditions, will apply whenever you use the Site and its related services.  Some Used Guns Mart websites may have additional or other terms that we provide to you when you use those sites.

As used in this Agreement, “you” or “User” means both (i) the individual now registering as a user of the Site or the existing user of the Site now agreeing to this Used Guns Mart (Used-Guns.com.au) User Agreement, as the case may be, and (ii) if applicable, the company or other business entity specified by you upon registration (any such entity, “your Company”).  You and your Company, if any, are jointly and severally liable for your obligations under this Agreement.

Please note:  This Agreement and the Terms & Conditions set forth how claims between us are resolved.  Under this Agreement, a User will not be able to proceed against us through a class or representative action, but will only be able to pursue claims or seek relief against us on an individual basis.
 
I.  Registration and Posting

1. Eligibility and Accuracy of Information.  By registering for an account or using the Site, you represent that you are an Australian resident and at least 18 years of age. If you registered your Company, you represent that you have written or other sufficient corporate authority to form binding contracts under applicable law on behalf of your Company each time that you use the Site.  You agree that you will not allow others to use your account, nor will you use your account or the Site on an outsourcing basis or on behalf of third parties.  You also agree not to use the Site if you are temporarily or permanently suspended from using the Site.

2. Terms & Conditions.  In addition to the terms and conditions of this Agreement, your use of the Site is conditioned upon your compliance with certain rules governing selling and buying on the Site, password maintenance, postings and conduct on the Site, and other matters.  These rules, the majority of which are available here but may also be found elsewhere as applicable on the Site (the “Terms & Conditions”, “Firearms Condition”), are hereby incorporated into this Agreement in their entirety.

3. Termination and Suspension.  We agree to provide you access to the Site and the services available on the Site only as authorised in this Agreement and the Terms & Conditions.  We reserve the right to reject your user registration by notifying you of our decision by phone or email.  Even after acceptance, we may terminate or suspend your account and ability to use the Site in our sole discretion, with or without cause and without prior notice to you.  If we believe your actions may cause us or other Users legal liability, harm, or loss, we reserve the right to notify other Users of your actions.  

Should you object to any of the terms of this Agreement or any subsequent modifications thereto or become dissatisfied with the Site and related services in any way, your only recourse is to immediately: (i) discontinue use of the Site and services; (ii) terminate your membership; and (iii) notify us of termination.  You may terminate this Agreement and your account with us only if you do not have active transactions on the Site and if your account is paid in full.  At any such time, you may terminate this Agreement and your account by notifying us in accordance with the “Notices” section below. In addition, your account will be deemed inactive and closed if there is no activity on your account for one year.  In the event your account is closed or terminated, it will be marked inactive in our systems, but we cannot delete your user information or transaction history.

4. Changes to Agreement.  We reserve the right, in our sole discretion, to amend and supplement this Agreement (including the Terms & Conditions, Privacy Policy and any other document incorporated herein), at any time, by posting the revised Agreement to the Site (as well as other types of notice, as required by applicable law).  Please check this Agreement periodically to inform yourself of any changes.  If we make material changes to this Agreement, we will post such revised Agreement on our Site and notify you by email or otherwise as permitted by law.  Your continued use of the Site after such changes are posted will constitute your agreement to such amended Agreement, other document, or additional terms and conditions. This Agreement may not be amended by you other than in a writing signed by both parties, and for purposes of this sentence, “writing” does not include email, and “signature” does not include an electronic signature.

5. Postings by Users.  We provide sellers with tools and instructions for posting items for sale on the Site (each such item, a “Listing”).  In addition, buyers, sellers, dealers or registered users may communicate with other users on the Site or post text, graphics, pictures and other content on the Site (any such material, “Postings”).  We have the right, but not the obligation, to monitor, edit, refuse to post, or remove any Posting or Listing from the Site, in our discretion.  Notwithstanding this right, we are not responsible for the content of Listings or Postings posted by Users. Monitoring of Postings and Listings by us is not intended to verify the accuracy of the information contained therein and should not be relied upon by you for any purpose.

6. Accuracy.  You represent and warrant that all information given to us (including your name, address and other information associated with your account (“User Information”), and all information communicated to other users of the Site, whether in a Listing or a Posting, is true, accurate, up-to-date and not misleading.

7. Privacy.  We do not use your personal information to send you marketing emails without your explicit consent.  We also do not sell or rent your personal information to non-affiliated third parties for their marketing purposes without your explicit consent. We use your information only as described in the Used Guns Mart Privacy Policy.   We store and process your information on computers located in the Australia that are protected by technological as well as physical security devices. You can access and modify the information you provide to us. You can choose not to receive certain communications by modifying your preferences.  For a complete description of how your personal information may be used on the Site and your choices in this regard, please see the Used Guns Mart Privacy Policy.  We retain information provided by users at the time of registration, account upgrades, and all information regarding transactions on the Site.  Your acceptance of this Agreement constitutes your acceptance of the Privacy Policy, which is incorporated herein by reference. If you object to your personal information being used as described in the Privacy Policy please do not register or use our services.

8. Third Party Websites.  The Site may contain links to third party websites as well as third party advertisements. Used Guns Mart is not responsible for and has no liability for the privacy or other practices of any such third party.  We recommend that you review the privacy policies of each website you visit.

II.  Transactions on the Site


1.  Fees.  You agree to pay the applicable fees for using the Site, and you understand that ALL FEES PAID TO US ARE NON-REFUNDABLE.  A list of the applicable fees appears on our Fees & Plans page, which is incorporated in its entirety in this Agreement.   You hereby agree that:

Prices on the Site are listed in Australian Dollars. Transaction on the Site can be made in Australian Dollars or by the purchase of Points through our shopping cart system. One Point value on the Site has the same value and purchasing power as one Australian Dollar. Example $1.00 AUD = 1 x Point. Points can be used to purchase both advertisements and add-on features such as extra images for display; higher rankings; coloured borders; small display banners.

Accounts that have remained inactive for over 1 year with credit balances or points value shall forfeit those points or credit balance when the account is deactivated.  You may avoid cancellation of your account by logging in once each six months.

All listings and transactions are subject to a $10.00 minimum charge. Small purchases on the Site can be made using the Points system and there-by avoid the minimum charge for low dollar/points purchases.

Any returned cheque or money order is subject to a $25.00 returned cheque fee.

2. BY USING A CREDIT CARD ON THE SITE, YOU HEREBY UNCONDITIONALLY WAIVE ANY AND ALL CHARGE-BACK RIGHTS YOU MAY HAVE.   If you have any question about a charge on your credit card, contact us as described in the Notices section below. If you deliberately or inadvertently issue a charge-back to your credit card, your account will be terminated and you agree to pay a $50 processing and collection fee.

3. Past Due Accounts.  If a seller’s account is past due, we reserve the right to void, suspend and/or terminate his or her listings, and may terminate his or her account.  If your account is more than 30 days past due, we reserve the right to report this transaction history to credit agencies, as well as to void promotional offers, including free or discounted listings.   Accounts that are, or have been, past due will have their credit limit reduced to zero and past due balances will be subject to a late fee of 1.5% per month or the highest amount permitted by applicable law, whichever is lower.  If you fail to pay the past due amounts, we may turn your account over to a collection agency and we reserve the right to pursue civil and criminal legal actions to the fullest extent allowed under the law.  If your account is past due, you also must pay any and all collection costs (including collection agency fees, court costs and legal fees) we might incur in connection with your past due account.

4. Only a Venue.  You agree and acknowledge that we are not a traditional auctioneer.  The Site is only an advertising venue for the sale of firearms, accessories and related items (“Items”) by means of an electronic bidding format. We are not involved in the actual transaction between buyers and sellers, and we make no representation, and give you no assurance, that:

The persons using the Site:


(i) are not misrepresenting their identity, location or authority to enter into contracts, and
(ii) are of legal age and capacity to enter into contracts.

(iii) A seller placing an Item on the Site is able to or will complete the sale of the Item or deliver the Item to the buyer, or that a buyer bidding on an Item is able to or will complete the purchase of an Item from a seller.

(iv) A seller has truthfully and accurately described an Item placed on the Site.

(v) An Item listed for sale on the Site exists, or is (A) safe, (B) of any particular quality, (C) non-infringing with regard to the intellectual property rights of any person or entity, or (D) free from liens, encumbrances or contractual claims attributable to seller, or that an Item may be legally sold by the seller.

 

The sale and transfer of an Item complies with any or all applicable legal requirements for the sale, transfer and transport of that Item, including but not limited to statutes, regulations or legal requirements of any Australian State, Territory or Federal Government authority or regulatory entity regarding sales or auctions, the sale and/or transfer of any firearms, ammunition or any other regulated item, export or import control, taxation, duties or tariffs (the foregoing, “Legal Requirements”).

5.  Buyers and Sellers.

a.  Buyer Undertakings. 

  1. Placing an offer to purchase through the web site “Make Offer” form constitutes entering into a binding legal contract with the seller to purchase the item, once the seller has agreed to accept the offer. The sale is subject to the terms stated in this Agreement, the Terms & Conditions and in the Listing.
  2. Placing a bid constitutes entering into a binding legal contract with the seller to purchase the Item on the terms stated in this Agreement, the Terms & Conditions and in the Listing, if your bid is the winning bid.  You agree that if your bid is the winning bid, you will complete the purchase of the Item on such terms.  All payments for Items purchased on the Site shall be remitted to the seller (we do not accept payment in any form for the Items bid on by buyers).  You agree that you will not bid on any Item unless the transfer and transport of that Item to you can be done in accordance with all Australian State & Federal Legal Requirements. You represent and warrant that you are bidding on all Items only for your own account and not for the benefit of any third party.


b. Seller Undertakings 


1. Listing an Item for sale or auction, constitutes entering into a binding legal contract with the buyer to sell the Item on the terms stated in this Agreement, the Terms & Conditions and in the Listing, if the buyer’s bid is the winning bid or if you accept a formal offer through the “Make Offer” web site form.  You agree to complete the sale of all listed Items on such terms. 


2. You represent to us that (A) you have the legal right to sell the Items you list, and (B) the sale of your Items on the Site will not (1) be fraudulent or involve the sale of counterfeit or stolen items, (2) shall not infringe any parties’ copyright, patent, trademark, trade secret or other proprietary rights or rights of publicity or privacy, or (3) violate any Legal Requirement (including without limitation those Legal Requirements governing firearms export or import control, consumer protection, unfair competition, anti-discrimination or false advertising).
 

c.  Legality of Purchase and Shipment.  If you sell or purchase firearms on the Site, you agree to comply with all applicable Australian State & Federal Legal Requirements governing the specific requirements for transfer and shipping of firearms & ammunition, including without limitation those found in the Terms & Conditions (which shall apply regardless of any contrary information contained in a seller’s Listing).  You covenant and agree that:

(i) you will comply with all applicable Legal Requirements (as defined above) in listing, selling, purchasing, transferring and shipping Items; (ii) you shall comply with all Australian State & Federal Legal Requirements regarding the reporting, collection, withholding and payment of all taxes and duties applicable to the sale and transport of each Item;  (iii) you shall not engage in bid rigging or sale price manipulation of any kind on any Item; and (v) you shall comply with the following required terms of sale on the Site:

d. In Australia, Firearm Sales (as defined below) must be shipped only to a licensed Firearms Dealer.  Buyer must transmit his/her receiving Dealers Name & Address, dealer licence number & phone contact; his firearms licence number and any other applicable details necessary for the Seller to complete their legal obligations before the firearm or ammunition can be shipped.  Buyer and Seller must make arrangements with a Transfer Dealer before listing an Auction or placing a bid.  For purposes of this Agreement, “Firearms” and “Ammunition” shall have the meanings given in the Western Australian "Firearms Act 1973 As Amended".

e.  The shipping of firearms and ammunition is regulated in Australia and must be carried out by specially bonded courier services. Please make inquiries in your state of residency. All Firearms & Ammunition can only be transported by Australian State Police approved "Commercial Carrier" Companies. Shipping firearms or ammunition by Australia Post is not permitted by law.  Seller is responsible shipping & insurance costs and providing tracking information, unless specifically stated to the contrary in the item advertisement.

6. Taxation.  You agree that Used Guns Mart bears no responsibility for the reporting, payment, collection and remittance of any GST, transfer tax or any other fee or tax that may be assessed on any sale or transaction conducted through the Site by any jurisdiction having taxing authority over the sale or transaction.  You agree that you are responsible for, and will indemnify us against, any liability for any sales/use, GST or similar transaction tax that is or may be assessed by any jurisdiction with respect to the fees charged to sellers by us.  You agree to defend, indemnify and hold us harmless from and against any and all liabilities, damages and costs that may result from inadequate reporting, payment, collection or remittance by you of any taxes relating to transactions conducted on the Site, except taxes imposed on or measured by our income or net worth.

7.  Release.  You acknowledge and agree that we do not take title to or possession of any Item being sold on the Site, and we are not a principal in the transactions on the Site, nor are we your agent or an agent of any seller or other buyer. Because we are not and cannot be involved in dealings between users of the Site, in the event that you have a dispute with another user (whether a buyer or seller), you hereby release us, our directors, officers, employees and agents from and against any and all claims, demands and damages (actual, special, incidental and consequential, and including Lawyer’s fees) of every kind and nature, known and unknown, suspected and unsuspected, disclosed and undisclosed, arising out of or in any way connected with such disputes. 

8.  We Are Not the Seller; Transfer of Title. 

We do not transfer legal ownership of Firearms and or ammunition from the seller to the buyer. The legal processes for the transfer of Firearms & Ammunition vary between Australian States and are the sole responsibility of the seller and the buyer to comply with all Firearms laws, applicable to the State in which they live. 

III. Intellectual Property

1. Use of Content.  All materials, including images, text, illustrations, designs, icons, photographs, programs, music clips or downloads, video clips and written and other materials that are part of the Site (collectively, the “Content”) are intended solely for personal, non-commercial use in connection with the services provided on the Site.  No right, title or interest in any materials or software is transferred to you as a result of this Agreement or of any use by you.  You may not download, reproduce, publish, transmit, distribute, display, modify, create derivative works from, sell or participate in any sale of or exploit in any way, in whole or in part, any of the Content, the Site or any related software, nor may you employ any bots or other means to “screen scrape” (or otherwise extract/ obtain the benefit of) data regarding transactions other than your own from the Site. All software used on the Site is the property of Used Guns Mart or its licensees and suppliers and protected by Australia and international copyright laws. The Content and software on the Site may be used only as a resource for the marketing, sale and purchase of firearms and other items on the Site. Any other use, including the reproduction, modification, distribution, transmission, republication, display, or performance, of the Content on the Site is strictly prohibited.

2. Copyrights and Trademarks.  Unless otherwise noted, all Content constitutes copyright, trademark, service mark, trade dress and/or other intellectual property owned, controlled or licensed by us or by third parties who have licensed their materials to us and are protected by Australian and international intellectual property laws. The compilation (meaning the collection, arrangement, and assembly) of all Content on the Site is the exclusive property of Used Guns Mart and is also protected by Australian and international copyright laws. ”Used Guns Mart”, the Used Guns Mart logo,  and other Used-Guns.com.au names and logos and all related product and service names, design marks and slogans used on the Site are the trademarks or service marks of Used Guns Mart or its affiliates. All other marks are the property of their respective companies. No trademark or service mark license is granted in connection with the materials contained on the Site. Access to the Site does not authorise anyone to use any name, logo or mark in any manner. You may not use meta tags or other hidden text utilising Used Guns Mart’s name, Domain Name: Used-Guns.com.au or trademarks without the express prior written consent of Used Guns Mart.

3. Abuse of Site.  You are prohibited from violating or attempting to violate the security of the Site, or otherwise abusing the Site, including, without limitation, (i) accessing data not intended for you or logging onto a server or an account which you are not authorised to access; (ii) attempting to probe, scan or test the vulnerability of a system or network or to breach security or authentication measures without proper authorisation; (iii) attempting to interfere with service to any user, host or network, including, without limitation, via means of submitting a virus to the Site, overloading, “flooding,” “spamming,” “mailbombing” or “crashing”; (iv) sending unsolicited email, including promotions and/or advertising of products or services via the Site, or using any information about other users obtained from the Site in order to do so; (v) forging any TCP/IP packet header or any part of the header information in any email or newsgroup posting; (vi) using any device, software or routine to interfere or attempt to interfere with the proper working of the Site or any activity being conducted on the Site or bypass any measures used to restrict access to the Site; (vii) using or attempting to use any engine, software, tool, agent or other device or mechanism (including without limitation browsers, spiders, robots, avatars or intelligent agents) to navigate or search the Site other than the search engine and search agents available from Used-Guns.com.au on the Site and other than generally available third party web browsers; or (viii) collecting information about other users without their consent. Violations of system or network security may result in civil or criminal liability.

4. Submissions.  All reviews, comments, feedback, postcards, suggestions, ideas, and other submissions disclosed, submitted or offered to us on or by this Website or otherwise disclosed, submitted or offered in connection with your use of the Site (collectively, the “Comments”) shall be and remain Used Guns Mart property. Such disclosure, submission or offer of any Comments shall constitute an assignment to us of all worldwide right, title and interest in and to all copyrights and other intellectual property in the Comments. As a result, we will own exclusively all such right, title and interest and will not be limited in any way in our use, commercial or otherwise, of any Comments.

IV.  Our Limits of Liability

1.  DISCLAIMER OF WARRANTIES. YOU AGREE THAT USE OF THE SITE AND THE SERVICES ON THE SITE ARE ENTIRELY AT YOUR OWN RISK.  THE SITE AND SERVICES, INCLUDING ALL CONTENT, ITEMS, LISTINGS, FUNCTIONS, AND INFORMATION MADE AVAILABLE ON OR ACCESSED THROUGH THE SITE, ARE PROVIDED ON AN “AS IS” “AS AVAILABLE” BASIS WITHOUT REPRESENTATIONS OR WARRANTIES OF ANY KIND WHATSOEVER, EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION, NON- INFRINGEMENT, TITLE, MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE.  WE DO NOT WARRANT THAT THE SITE OR ITS FUNCTIONS WILL BE TIMELY, SECURE, UNINTERRUPTED OR ERROR FREE, OR THAT DEFECTS WILL BE CORRECTED.

WE MAKE NO ENDORSEMENT OR WARRANTY REGARDING ANY ITEMS POSTED ON THE SITE OR ANY TRANSACTION ENTERED INTO THROUGH THE SITE. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM US OR THROUGH THE SITE SHALL CREATE ANY WARRANTY NOT EXPRESSLY MADE HEREIN.  WE EXPRESSLY DISCLAIM ANY RESPONSIBILITY FOR ANY MISREPRESENTATIONS OR BREACHES COMMITTED BY ANY USER OF THE SITE.

2.  LIMITATION OF LIABILITY:  TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, NONE OF USED GUNS MART, ITS AFFILIATES, OR ANY OF THEIR  OFFICERS, DIRECTORS, EMPLOYEES OR AGENTS (COLLECTIVELY, “UGM PARTIES”) SHALL BE LIABLE FOR ANY SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES THAT ARE DIRECTLY OR INDIRECTLY RELATED TO THE USE OF, OR THE INABILITY TO USE THE SITE OR SERVICES, OR RELATED TO THE INFORMATION, CONTENT AND FUNCTIONS THEREOF, WHETHER GENERATED BY THE SITE, BY ANOTHER USER OR BY UNAUTHORISED ACCESS TO THE SITE, DELAYS OR DISRUPTIONS IN OUR SITE, ACTIONS TAKEN BY THIRD PARTIES THROUGH OUR SITE, ACTIONS TAKEN RELATED TO YOUR ACCOUNT, OR VIRUSES OR MALWARE OBTAINED BY USING OUR SITE OR LINKS ON OUR SITE (INCLUDING WITHOUT LIMITATION, LOSS OF REVENUE OR ANTICIPATED PROFITS, LOST BUSINESS OR LOST SALES, LOSS OF GOODWILL OR REPUTATION, BUSINESS INTERRUPTION OR LOSS OF INFORMATION) EVEN IF WE OR OUR AUTHORISED REPRESENTATIVE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

SOME JURISDICTIONS DO NOT ALLOW THE DISCLAIMER OF WARRANTIES OR EXCLUSION OF DAMAGES, SO SUCH DISCLAIMERS AND EXCLUSIONS MAY NOT APPLY TO YOU.  TO THE FULLEST EXTENT PERMITTED BY LAW, THE TOTAL LIABILITY OF THE UGM PARTIES TO YOU FOR ALL DAMAGES, LOSSES, AND CAUSES OF ACTION (WHETHER IN CONTRACT OR TORT, INCLUDING, BUT NOT LIMITED TO, NEGLIGENCE OR OTHERWISE) ARISING FROM THIS AGREEMENT OR YOUR USE OF THE SITE SHALL NOT EXCEED THE GREATER OF (A) THE AMOUNT YOU HAVE PAID TO US IN THE 12 MONTHS PRIOR TO THE EVENT GIVING RISE TO YOUR CLAIM OR (B) $100.00AUD.  THIS LIMITATION SHALL NOT APPLY IN THE CASE OF WILFUL OR INTENTIONAL MISCONDUCT.

You hereby release all UGM Parties from claims and all liabilities of every kind, known and unknown, arising from disputes between you and other Users.  By entering into this Agreement, you hereby waive any statutory or other type of protections that would otherwise limit this release to covering only known or suspected claims at the time of this release. 

3. Indemnification:  You shall indemnify, defend and hold the UGM Parties harmless from and against any and all claims, losses, damages, liabilities, judgments and fees and expenses related thereto (including, without limitation, reasonable lawyers’ fees), incurred by a UGM Party in connection with any claims arising out of, based upon or resulting from any of the following, whether by you or by a third party using your log-in:  (i) any breach or violation of this Agreement, (ii) any use of the Site, (iii) a dispute with another User, (iv) any violation of any applicable law or regulation governing your activities on or off of the Site, or (v) the infringement of any intellectual property or other right of any person or entity. We reserve the right, at our own expense, to assume the exclusive defence and control of any matter otherwise subject to indemnification by you, and you shall not in any event settle or otherwise dispose of any matter without our prior written consent.

V. Governing Law, Dispute Resolution in Western Australia and Other Terms

1. The Site is controlled, operated and administered by Used Guns Mart, which is based within the Australia.  You may not use the Site if you are not an Australian resident. If you access this Site from a location outside of the Australia, you are responsible for compliance with all laws applicable to you. Except as may be pre-empted by federal law, this Agreement, all matters arising from or relating to your use of the Site, and any and all claims arising out of your relationship with the UGM Parties shall be governed by and in accordance with the laws of the State of Western Australia, as amended.

2. Dispute Resolution; Attorneys’ Fees.

TO THE FULLEST EXTENT PERMITTED BY LAW, YOU HEREBY EXPRESSLY AGREE THAT ANY PROCEEDING ARISING OUT OF OR RELATING TO THIS AGREEMENT OR YOUR USE OF THE SITE SHALL BE INSTITUTED EXCLUSIVELY IN A STATE OR FEDERAL COURT SITTING IN PERTH, WESTERN AUSTRALIA, AND YOU EXPRESSLY WAIVE ANY OBJECTION THAT YOU MAY HAVE NOW OR IN THE FUTURE TO THE LAYING OF THE VENUE, OR TO THE JURISDICTION OF ANY SUCH COURT OVER YOU OR YOUR ACTIVITIES ON THE SITE.  Notwithstanding the foregoing, Used Guns Mart reserves the right to institute proceedings in any jurisdiction in order to (i) obtain interim or provisional relief pending resolution of a dispute; or (ii) collect from you any monies due under this Agreement or under an award of the court described above.  You may not bring any action arising out of this User Agreement or your use of the Website or the Services, regardless of form or the basis of the claim, more than one (1) year after the cause of action has arisen (or if multiple causes, from the date the first such cause arose).  In the event that you bring an action in an improper forum or outside of the time limit in violation of this Section, Used Guns Mart shall be entitled to recover from you its reasonable attorney’s fees in responding to such action.   

3. Exclusion of Class Actions.

TO THE FULLEST EXTENT PERMITTED UNDER APPLICABLE LAW,  YOU AND USED GUNS MART AGREE THAT (A) EACH OF US MAY BRING CLAIMS AGAINST THE OTHER ONLY ON AN INDIVIDUAL BASIS, (B) WE BOTH HEREBY WAIVE ANY RIGHT TO BRING CLAIMS  AS PART OF ANY CLASS OR REPRESENTATIVE ACTION OR PROCEEDING, (C) UNLESS BOTH YOU AND USED GUNS MART AGREE TO THE CONTRARY, MORE THAN ONE PARTY’S CLAIMS MAY NOT BE CONSOLIDATED OR JOINED BY THE APPLICABLE COURT, AND (D)  ANY RELIEF AWARDED TO YOU CANNOT AFFECT OTHER USERS, AND VICE VERSA.

4. Notices.  Except as explicitly stated otherwise, any notices you send to us shall be given by our Support Ticket System or through our Contact Us page or by mail to USED GUNS MART, P.O. Box 297, Willetton WA 6155, or, in the case notices we send to you, to the email address or street address listed in your User Information in your account.  Notice shall be deemed given 24 hours after an electronic message is sent, unless the sending party is notified that the message did not reach the recipient or, in the case of mailing, three (4) days after the date of mailing.

5. Electronic Execution.  Your electronic acceptance of this Agreement on the web site on which it is displayed shall constitute your acceptance of all terms and conditions of this Agreement and such acceptance shall have the same legal force and effect as if you had physically signed such Agreement. You agree to the admissibility of computer records and electronic evidence in any dispute under this Agreement.

6. Independent Contractors.  You and Used Guns Mart are independent contractors.  No agency relationship, partnership, joint venture, employer-employee relationship or franchisor-franchisee relationship is intended or created by this Agreement.

7. General Provisions.  If any provision of this Agreement is held by a court of competent jurisdiction to be invalid or unenforceable, then such provision shall be enforced to the maximum extent permissible so as to put into effect the intent of this Agreement, and the remainder of this Agreement shall continue in full force and effect.  The failure by either party to exercise or enforce any rights or provisions of this Agreement (including the “Terms & Conditions”, “Firearms Condition Policy”, "Privacy Policy" or other document incorporated by reference herein) shall not constitute a waiver of such right or provision. This Agreement, including any other applicable terms and conditions or rules that govern your use of individual Services, which are either incorporated herein by specific reference or posted on the Site from time to time, comprises the entire agreement between you and Used Guns Mart and supersedes all prior representations, agreements or statements between us, written or oral, regarding the subject matter contained herein (including any prior user agreement for the Site).  All provisions in this Agreement regarding representations and warranties, indemnification, disclaimers and limitations on liability shall survive any termination of this Agreement.  The titles and headings contained in this Agreement are used for convenience only and are not intended to affect the meaning or interpretation of this Agreement. This Agreement is binding upon and inures to the benefit of the respective successors and assigns of the parties, but you may not assign this Agreement to any person or entity without our prior written consent, and any such assignments made without consent shall be null and void.  This Agreement is solely for the benefit of Used Guns Mart, its affiliates, and you, and shall not be construed for the benefit of any third party.

 

©    Copyright Used Guns Mart 2019