Terms and Conditions

This site is operated by King Neptune Pty Ltd (ABN 97 009 513 624). Access to and use of this site by you is subject to the following terms and conditions and also our Privacy Policy.

Please read our terms and conditions prior to using this site.

TERMS AND CONDITIONS FOR ALL USERS

General Terms

Second Hand Marine (SHM) is an online advertising marketplace and medium which advertises boats, vessels and marine items for sale. Potential buyers can browse the site and contact sellers if they wish to negotiate a purchase, this site allows registered buyers and sellers to transact with each other, registering with SHM is free.

 We charge an upfront listing fee per item to advertise on our site for a set time period.

SHM is not involved in the actual transaction between the buyer and seller. Our site is the advertising medium to display items for sale, with relevant information on that site we have no control over the items listed and cannot offer warranties in relation to quality, suitability, safety and legality of any advertised listings on the SHM site. Nor can SHM guarantee the accuracy or truth of any advertised listings on the site or guarantee the ability of buyers and sellers to complete a transaction.

Usage Rules

You must comply with SHM terms when accessing and using our site.

You must be over 18 years of age to use this site.

You must be legally able to sell the item(s) you list for sale on our site. You must describe the item(s) and terms of sale on the listing page of our site. Your listings can only include pictures, text and graphics and must be placed in the appropriate category.

You agree that you will not use the SHM site for illegal or prohibited purposes.

Your information must not:

• Be inaccurate false or misleading
• Involve the sale of stolen property
• Infringe on any third party’s copyright, patent, trademark, trade secret or other proprietary right or rights of privacy or publicity.
• Violate any applicable law, statute, ordinance or regulation (including but not limited to that governing consumer protection, export control, criminal law, unfair competition, antidiscrimination or trade practices/ fair trading laws).
• Be trade libelous, defamatory, unlawfully threatening or harassing.
• Be obscene or contain pornography of any nature.
• Contain any content that may be considered to be prohibited or potentially prohibited content for the purposes of display on the SHM site.
• Contain any viruses, worms, etc that may damage, delete, modify or interfere with any system, data or personal information.
• Create a liability which causes us to lose in full or part the services of our ISP’s or other suppliers: and
• Link directly or indirectly to include descriptions of goods or services that are prohibited under this agreement, including goods listed for sale on a website other than SHM

You must not list an item for sale that could cause us to violate any applicable law, statute, ordinance or regulation.

Advertised listings can be downloaded and printed for your own private, non commercial use only.

We reserve the right to withdraw or alter any material you provide us:

• If we consider it inappropriate, offensive, deceptive, defamatory, incorrect or breaches these terms and conditions in any way.
• If we are instructed to do so by a third party. You will be informed and the cost of listing the advertisement may be refunded or possibly lowered as a result of any changes/deletions.

WARRANTIES

We do not warrant that the SHM site complies with the laws of any country outside Australia. If accessing our site from outside Australia, please exercise caution and you do so at your own risk.

We take all reasonable care in compiling online advertising. We do not warrant that the information is complete, current or free from omissions or errors, and is provided on an “as is” basis.

We accept advertisements in good faith. You must investigate for yourself the suitability, quality and condition of any goods offered for sale.

We endeavour to maintain access to our site however access can be interfered with by many factors, including those outside our control. Therefore we do not guarantee that access to our site will be continuous, fault free, uninterrupted, virus free or secure.

LIABILITY

• We accept our liability to you for breach of contract or negligence under the principles applied by the courts, but:
• We do not accept liability to you for losses that result from your use of our site in connection with the conduct of a business;
• We are not liable for any loss to the extent that it is caused by you  ( for example, breach of contract or negligence);
• We are not liable for any loss to the extent that it results from your failure to take reasonable steps to avoid or minimize your loss;
• We are not liable for any loss caused by us failing to comply with our obligations to you where that loss is caused by events outside our reasonable control, such as internet access difficulties.

You are liable to us for breach of contract or negligence under the principles applied by the courts. However, you are not liable for any loss to the extent that it is caused by us (for example through negligence or breach of contract).

You agree to indemnify us and our officers, employees and agents against all claims, demands, damages, penalties, costs and liabilities caused by your breach of these terms.

The terms and your dealings with us are subject to the laws of the state of Tasmania in Australia.

LIMIT OR TERMINATE ACCESS

We may terminate, suspend or limit your access to the SHM site if;

• The law requires us to do so
• We believe on reasonable grounds that allowing you access to the site is illegal or may become illegal
• We believe there is a risk of loss or damage to us or another if we do not suspend, terminate or limit your access to the SHM site
• There is a credit risk resulting from you not paying any fees owed to us on time
• There is an emergency
• You are in breach of our terms and conditions
• You have been advised in writing of your breach but you fail to correct the breach within 14 days
• The breach cannot be remedied in which case we can cancel your access immediately.

ADVERTISING RULES

Advertisements may only include pictures, graphics and text.

You hereby assign all copyright in your advertisement to us.

If GST is applicable on any items that you advertise, the sale price must be inclusive of GST.

Advertisements will only be placed on SHM site once the listing fee is paid for in full.

We will endeavour to place the advertisement in the format submitted by you in accordance with your instructions. However we reserve the right to edit, select, condense, withdraw or refuse an advertisement.

You may cancel or withdraw your advertisement at any time during the advertising period.

It is your responsibility to notify us when your item is sold, so that it can be removed from the site.

SHM site is available to both commercial and private buyers and sellers.

Please refer to our advertisement listing page for current rates and options.

The cost of your advertisement will be calculated by our site. You are responsible for paying all fees and taxes associated with listing your item for display.

All fees listed on this site are inclusive of GST.

Buyers are able to make offers to sellers on items advertised for sale.

Sellers are encouraged to list items with a selling price or with the “make an offer” option.

CHANGES TO OUR TERMS AND CONDITIONS

• Our terms and conditions may change from time to time for security reasons, changes in our business, technical reasons or to reflect any changes in the law.
• You will be advised of any changes to our terms and conditions via notice on the website stating that a change has been made.

ENQUIRIES FEEDBACK AND RATINGS

• We are unable to guarantee the authenticity of a user’s identity. We have provided a site for registered users to enter feedback and rate their dealings.
• We have also established a service to enable registered buyers and sellers to discuss relevant details of the transaction, such as payment, postage prior to completion.
• SHM site users are not permitted to exchange contact details which enables a buyer and seller to complete sales off-line.
• Registered users are welcome to submit questions or make an enquiry.
• Negative feedback may result in the suspension of your user account indefinitely.

You are responsible for completing all transactions you participate in as seller or buyer. We do not control, endorse or approve the items, information or content provided by users which is made available through our site. Please exercise caution, common sense and fair trading when using our site. Please be aware of the risk of dealing with underage persons or people acting under false pretense and the risks in international trading and dealing with foreign nationals.

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