Last Updated: February 1st, 2014
Welcome to reptilesdownunder.com (hereby known as “RDU” or “We”) – Australia’s largest reptile classifieds website. RDU is a subsidiary of Australian Reptile Classifieds Pty. Ltd. (A.B.N 54 152 587 883).
As a condition of your use of this site, you agree that you will not:
- violate any laws
- violate our Site 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 RDU or the interests or property of RDU users
- impose an unreasonable load on our infrastructure or interfere with the proper working of RDU
- copy, modify, or distribute any other person’s content without their consent
- use any robot spider, scraper or other automated means to access RDU 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 RDU
You are solely responsible for any/all information that you submit to RDU and any consequences that may result from your post(s). We reserve the right at our discretion to refuse or delete content that we believe is inappropriate, suspicious or breaching any of 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.
RDU and the RDU community work together to keep the site working properly and the community safe. Please report any/all problems, offensive content and policy breaches to us using the “Report Ad” button found on the right hand sidebar on every listed ad page.
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 RDU 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 RDU or not, we do not accept any liability for monitoring RDU or for unauthorised or unlawful content on RDU or use of RDU by users.
Fees and Services
Using RDU 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 make a payment. Our fees are quoted in Australian Dollars (AUD) only, 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.
RDU contains content from us, you, and other users. RDU is protected by copyright laws and international treaties. Content displayed on or via RDU is protected as a collective work and/or compilation, pursuant to copyrights laws and international conventions. You agree not to copy, distribute and/or modify any content from RDU without our written consent. You may not disassemble or decompile, reverse engineer or otherwise attempt to discover any source code contained in RDU. Without limiting the foregoing, you agree not to reproduce, copy, sell, resell, or exploit for any purposes any aspect of RDU (other than your own content). When you give us content, you are granting us and representing 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.
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 staff. You agree not to hold us responsible for anything our 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 RDU 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 expressed 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), property, goodwill, or reputation, or any special, indirect, or consequential damages arising out of your use of RDU, 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 Australian Dollars ($100.00 AUD).
By using RDU, you agree to the collection, transfer, storage and use of your personal information by RDU on servers located in Australia. You also agree to receive marketing communications from us (such as email newsletters). You are able to opt-out of our marketing communications by using the unsubscribe link located at the bottom of every e-newsletter sent out by us and/or our partners.
Resolution of Disputes
If a dispute arises between you and RDU, we strongly encourage you to first contact us directly to seek a resolution. We will consider reasonable requests to resolve the dispute through alternative dispute resolution procedures, such as mediation or arbitration, as alternatives to litigation.
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 PO Box 693, Paddington NSW 2021. 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 (5) days following the date of mailing.
We may update this agreement at any time, with updates taking effect when you next post or thirty (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.