Introduction. Welcome to www.gumtree.com.au ("Gumtree"). By accessing Gumtree you are agreeing to the following terms, which are designed to make sure that Gumtree works for everyone. Gumtree is provided to you by Marktplaats B.V, Wibautstraat 224, 1097 DN Amsterdam, The Netherlands, also referred to below as "Gumtree". This policy is effective January 1st, 2009.
As a condition of your use of Gumtree you agree that you will not:
- violate any laws;
- violate the Posting Rules;
- post any threatening, abusive, defamatory, obscene or indecent material;
- be false or misleading;
- infringe any third-party right;
- distribute or contain spam, chain letters, or pyramid schemes;
- distribute viruses or any other technologies that may harm Gumtree or the interests or property of Gumtree users;
- impose an unreasonable load on our infrastructure or interfere with the proper working of Gumtree;
- copy, modify, or distribute any other person's content without their consent;
- use any robot spider, scraper or other automated means to access Gumtree 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 Gumtree.
You are solely responsible for all information that you submit to Gumtree 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 breaching the above terms. We also reserve the right at our discretion to restrict a user's usage of the site either temporarily or permanently, or refuse a user's registration.
Abusing Gumtree. Gumtree and the Gumtree community work together to keep the site working properly and the community safe. Please report problems, offensive content and policy breaches to us using the reporting system.
Without limiting other remedies, we may issue warnings, limit or terminate our service, remove hosted content and take technical and legal steps to keep users off Gumtree if we think that they are creating problems or acting inconsistently with the letter or spirit of our policies. However, whether we decide to take any of these steps, remove hosted content or keep a user off Gumtree or not, we do not accept any liability for monitoring Gumtree or for unauthorized or unlawful content on Gumtree or use of Gumtree by users.
Global Marketplace. Some of Gumtree's features may display your ad on other sites that are part of the global eBay community, like on eBay or our classifieds sites in other countries. By using Gumtree, you agree that your ads can be displayed on these other sites. The terms for our other sites are similar to these terms, but you may be subject to additional laws or other restrictions in the countries where your ad is posted. When you choose to post your ad on another site, you may be responsible for ensuring that it does not violate our other site policies. We may remove your ad if it is reported on any our sites, or if we believe it causes problems or violates any law or policy.
Fees and Services. Using Gumtree is generally free, but we sometimes charge a fee for certain services. If the service you use incurs a fee, you'll be able to review and accept terms that will be clearly disclosed at the time you post your ad. Our fees are quoted in Australian Dollars, and we may change them from time to time. We'll notify you of changes to our fee policy by posting such changes on the site. We may choose to temporarily change our fees for promotional events or new services; these changes are effective when we announce the promotional event or new service.
Our fees are non-refundable, and you are responsible for paying them when they're due. If you don't, we may limit your ability to use the services. If your payment method fails or your account is past due, we may collect fees owed using other collection mechanisms.
Content. Gumtree contains content from us, you, and other users. Gumtree is protected by copyright laws and international treaties. Content displayed on or via Gumtree is protected as a collective work and/or compilation, pursuant to copyrights laws and international conventions. You agree not to copy, distribute or modify content from Gumtree without our express written consent. You may not disassemble or decompile, reverse engineer or otherwise attempt to discover any source code contained in Gumtree. Without limiting the foregoing, you agree not to reproduce, copy, sell, resell, or exploit for any purposes any aspect of Gumtree (other than your own content). When providing us with content or causing content to be posted using our services, you grant us a non-exclusive, worldwide, perpetual, irrevocable, royalty-free, sublicensable (through multiple tiers) right to exercise any and all copyright, publicity, trademarks, database rights and other intellectual property rights you have in the content, in any media known now or developed in the future.
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 very varied products are offered on Gumtree 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 which many infringe on their rights, and submit a request for this offer to be removed. If a legal representative of the entitled party reports this to us in the correct manner, products infringing on the intellectual property rights will be removed by Gumtree.Reporting an infringement:
In order to participate in the Notice of Infringement Programme, you only need to complete a Notice of Infringement Form and fax it to Gumtree. You can use this form, complete with your signature, to report advertisements which may infringe on your property rights. The information requested in the Notice of Infringement Form is for the purpose of ensuring that the parties reporting these objects are either the entitled party or their officially authorized representative. This information must also enable Gumtree to identify the advertisement to be removed. Once we have received your correctly completed Notice of Infringement Form, you can simply send later reports to Gumtree via the e-mail address provided.
Note: This form can only be used by the lawful owners of the intellectual property rights. "Notice of Infringement" is intended to ensure that products offered do not infringe the copyright, trademark right or other intellectual property rights of third parties. For all other questions, visitors and advertisers can get Help using Gumtree Help.
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 users' postings and are not involved in the actual transactions between users. As most of the content on Gumtree comes from other users, we do not guarantee the accuracy of postings or user communications or the quality, safety, or legality of what's offered.
In no event do we accept liability of any description 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 constituting or encouraging 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 expressly 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 out of your use of Gumtree, 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.
Despite the previous paragraph, if we are 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) 100 Pounds Sterling.
If a dispute arises between you and Gumtree, we strongly encourage you to first contact us directly to seek a resolution by going to the Gumtree Help page. We will consider reasonable requests 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 Gumtree constitute the entire agreement between Gumtree 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 England and Wales. You agree that any claim or dispute you may have against Gumtree.com Limited must be resolved by the courts of England and Wales. You and Gumtree both agree to submit to the exclusive jurisdiction of the English Courts; for claims falling within the jurisdiction of a County Court, you and Gumtree both agree to submit to the jurisdiction of the County Court of Wandsworth
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 in our sole discretion in accordance with the notice provision below.
Except for notices relating to illegal or infringing content, your notices to us must be sent by registered mail to Marktplaats BV, Wibautstraat 224, 1097 DN Amsterdam, The Netherlands. 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.
We may update this agreement 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. No other amendment to this agreement will be effective unless made in writing, signed by users and by us.
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