Welcome to the Australian Alpaca Sales Centre (AASC) User Agreement. This Agreement describes the terms and conditions that govern your use of our services at www.austalpacasalescentre.com.au (the "Site"). Before you may become a member of our Site you must read, agree with and accept all of the terms and conditions contained in this Agreement and our Privacy Policy. Each time you use our services you confirm your agreement to be bound by and acknowledge any changes to the User Agreement including the Privacy Policy. By accepting this Agreement including the Privacy Policy you agree to be bound by it.

We may amend the terms and conditions of this User Agreement from time to time. Amended terms will be posted on our Site. If you do not agree with such changes to this User Agreement or Privacy Policy, you must terminate your membership of AASC. If, after any such changes to this Agreement or any of our Policies you continue to be a member of our Site, you will be considered by us to have accepted the varied terms as part of the User Agreement.

In this User Agreement where the context permits a reference to "you" includes anyone acting on your behalf or with your express or implied authority. A reference to this User Agreement includes the Privacy Policy, unless stated otherwise.

  1. Membership Eligibility.

    AASC offers its services to its members. Membership is a privilege, not an entitlement, and AASC may change its services and suspend, terminate or restrict your membership at any time if it believes that this is reasonably justified within the terms of this Agreement or its Privacy Policy. In the event that AASC changes its services, suspends, terminates or restricts your membership in the circumstances outlined above or in this User Agreement, you may not be able to access our services temporarily or permanently and you are prohibited from applying for a new account.

    Our services are only available to, and may only be used by, individuals (that is, natural persons and not corporate entities) who can form legally binding contracts under applicable law. Without limiting the foregoing, our services are not available to persons under 18 years of age. If you do not qualify, you must not use our services. Although an account may be styled in a corporate, company or business name, it at all times is taken to be the personal account of the member who is registered on the account.

    Your membership is not transferable. Your AASC account (including feedback and associated member UserID) may not be dealt with in any way. In particular, you must not allow others to use them and must not transfer or sell them to another party. While you are a member you must maintain control of your account. You are responsible for what occurs on that account and must report any unauthorised use of your account or UserID to us.

  2. Fees and Services.

    Joining (creating an AASC account) and bidding on our Site is free. Listing and selling items on our Site incurs fees which are set out in the Fees area of our website. When you purchase your listing(s) you an opportunity to review and accept the fees that you will be charged for the use of our services.

    Like all Policies, we may change our fees for our services from time to time. We may choose to temporarily change our fees for our services for promotional events (for example, half price listing days) and such changes are effective when we post the temporary promotional event our Site. If we introduce a new service, the fees for that service are effective at the launch of the service. Unless otherwise stated, all fees are quoted in Australian Dollars. You are responsible for paying all fees associated with using our services and our Site and all applicable taxes (including any goods and services or value added taxes, which will be added to amounts billed to you, if applicable).

  3. AASC is not an Auctioneer.

    3.1 Online Auctions. Although we are commonly referred to as an online auction web site, it is important to realise that we are not a traditional "auctioneer". Instead, our Site merely acts as an online venue to allow members to communicate and offer, sell, and buy at anytime, from anywhere, in a variety of formats, including a fixed price format and an auction-style format commonly referred to as an "online auction".

    YOU ACKNOWLEDGE AND AGREE THAT AASC IS NOT INVOLVED IN THE ACTUAL TRANSACTION BETWEEN BUYERS AND SELLERS. AS A RESULT, AASC HAS NO CONTROL OVER THE QUALITY, SAFETY OR LEGALITY OF ITEMS OR CONTENT POSTED BY MEMBERS ON OUR SITE, THE TRUTH OR ACCURACY OF LISTINGS, THE ABILITY OF SELLERS TO SELL ITEMS OR THE ABILITY OF BUYERS TO BUY ITEMS. WE CANNOT ENSURE AND DO NOT GUARANTEE THAT A MEMBER OR BROWSER OF OUR SITE WILL ACTUALLY COMPLETE A TRANSACTION OR ACT LAWFULLY IN USING OUR SITE.

    When you enter into a transaction you create a legally binding contract with another member, unless the transaction is prohibited by law or by this User Agreement. You are responsible for ensuring that you comply with your obligations to that other member. If you do not, you may become liable to him or her. You must ensure that you are aware of any laws relevant to you as a buyer or seller. If another member breaches any obligation to you, you - not AASC - are responsible for enforcing any rights that you may have.

    AASC does not offer any form of insurance or other buyer or seller protection which will assist you, because our Site merely provides the online venue for members to offer, sell, and buy and we are not otherwise involved in the transactions and interactions between buyers and sellers. However, some forms of payment permitted on the Site, such as PayPal or credit card, may offer limited buyer or seller protection or chargeback services and you should familiarise yourself with these before proceeding with a transaction of any kind through the Site.

    3.2 Release. AASC is not involved in the actual transaction between buyers and sellers and to the extent permitted by law AASC specifically disclaims all liability for any loss or damage, (actual, special, direct, indirect and consequential) of every kind and nature, known and unknown, suspected and unsuspected, disclosed and undisclosed, arising out of or in any way connected with your transaction.

    AASC is not involved with or a party to any transactions that take place between members. AASC does not accept any liability in respect of your involvement in any mediation, arbitration, tribunal hearing, court proceeding or other proceedings (of whatever nature) with a buyer or a seller (as the case may be) in any way arising out of or in any way connected with your transaction. AASC may plead this Agreement in bar to any claim, action, proceeding or suit brought by you, against AASC for any matter arising out of any AASC transaction or otherwise in respect of this Agreement.

    This clause 3.2 does not affect any rights you may lawfully have against AASC itself for its own acts or omissions.

    3.3 Information Control. We send you communications and notices regarding your transactions and your account on our Site. They do not represent any endorsement, guarantee or legitimisation of your transactions. You are responsible for completing all transactions you participate in (including monitoring their status and complying with all relevant legal obligations). Other members sometimes provide us with information about a transaction. We do not control, endorse or approve this information by making it available to you. You may find information posted by other members to be offensive, harmful, inaccurate, or deceptive. Please use caution and common sense, and practice safe trading when using our Site. Please note that there are risks in using our Site, including dealing with under age persons or people acting under false pretence. Additionally, there may be risks with international trading and dealing with foreign nationals.

  4. Bidding and Buying.

    By bidding on an item you agree with the seller to be bound by the conditions of sale included in the item's description, subject to any exceptions set out here, such as where the conditions of sale are in breach of this Agreement or unlawful. If you purchase an item through one of our fixed price formats or are the highest bidder on an item listed in auction format, you are obliged to complete the transaction with the seller, unless the item or transaction is prohibited by law, by this Agreement or by our Policies. Subject to AASC's right to temporarily suspend, indefinitely suspend or terminate your membership within the terms of this Agreement or any of its Policies if you do not complete a transaction without lawful excuse you may be in breach of your obligations to both AASC and the seller and you may be liable to each.

  5. Listing and Selling.

    5.1 Listing Description. You must be legally able to sell any item you list for sale on our Site. You must describe your item fully and accurately and include all terms of sale on the listing page of our Site. Your listings may only include text descriptions, graphics, pictures and other content relevant to the sale of that item, including any information that you are required to provide by any applicable law. The listing and the content of the listing must be your own work or work that you are legally entitled to use.

    5.2 Binding Bids.If you are a seller and receive at least one bid at or above your stated minimum price (or in the case of reserve auctions, at or above the reserve price), you are obligated to complete the transaction with the highest bidder upon the item's completion, unless there is an exceptional circumstance, such as:
    1. the buyer fails to meet the terms of your listing (such as payment method);
    2. or you cannot authenticate the buyer's identity.

    5.3 Fraud. Without limiting any other remedies available to AASC at law, in equity or under this Agreement, AASC may, in its sole discretion, suspend or terminate your membership if we reasonably suspect or believe, or are informed by a government authority, that you (by conviction, settlement, insurance or escrow investigation, or otherwise in our sole discretion) have engaged or may engage in fraudulent activity using, or otherwise in connection with your use of our Site, and you will have no claim whatsoever against AASC in respect of any such suspension or termination of your membership.

    5.4 Manipulation. Neither you, nor any other bidders or sellers, may manipulate the price of any item by, for example, conducting, encouraging or permitting certain activities (for example, shill bidding). You also must not, in any way, interfere with the listings of other members. 

  6. 6. Your Information.

    6.1 Definition. "Your Information" means any item you list as well as any information you give to us or other members in the registration, bidding or listing process. Your Information also includes the descriptions of items you list for sale or display on our Site, as well as any content you post on other web pages within our Site (including photographs or other images).

    6.2 Restrictions. You are solely responsible for Your Information. We act as a passive conduit for your online distribution and publication of Your Information.

    Your Information must not, in any way whatsoever, be potentially or actually harmful to AASC or any third party, where "harm" includes, but is not limited to non-economic loss that will or may be suffered by AASC. The Policies contain detailed statements of prohibited conduct relating to Your Information. Without limiting any provision of this Agreement, Your Information must be up to date and kept up to date and must not:
    1. be false, inaccurate or misleading or deceptive;
    2. be fraudulent or involve the sale of counterfeit or stolen items;
    3. infringe any third party's copyright, patent, trademark, trade secret or other proprietary rights or intellectual property rights, rights of publicity, confidentiality or privacy;
    4. violate any applicable law, statute, ordinance or regulation (including, but not limited to, those governing export and import control, consumer protection, unfair competition, criminal law, antidiscrimination and trade practices/fair trading laws);
    5. be defamatory, libellous, threatening or harassing;
    6. be obscene or contain any material that, in AASC's sole and absolute discretion, is in any way inappropriate or unlawful, including, but not limited to obscene, inappropriate or unlawful images.
    7. contain any content that is prohibited or that, in AASC's sole and absolute discretion, may be prohibited content for the purposes of the Broadcasting Services Act 1992 (Cth) (for more information about this legislation, please refer to the Internet Industry Association's Codes of Practice);
    8. contain any malicious code, data or set of instructions that intentionally or unintentionally causes harm or subverts the intended function of any AASC website, including, but not limited to viruses, Trojan horses, worms, time bombs, cancelbots, easter eggs or other computer programming routines that may damage, modify, delete, detrimentally interfere with, surreptitiously intercept, access without authority or expropriate any system, data or personal information;
    9. create liability for us or cause us to lose (in whole or in part) the services of our ISPs or other suppliers; or
    10. link directly or indirectly to or include descriptions of goods or services that:
      1. are prohibited under this Agreement; or
      2. you do not have a right to link to or include.
    Furthermore, you may not list any item on our Site (or complete any transaction that was initiated using our service), if the payment to us of the listing fee would be likely to cause us to violate any applicable law, statute, ordinance or regulation.

  7. Breach.

    WITHOUT LIMITING OTHER REMEDIES AVAILABLE TO AASC AT LAW, IN EQUITY OR UNDER THIS AGREEMENT, WE MAY, WITHOUT NOTICE TO YOU AND IN OUR SOLE DISCRETION (WHICH SHALL BE EXERCISED REASONABLY, HAVING REGARD TO THE CIRCUMSTANCES), DELAY LISTING YOUR ITEM, ISSUE YOU A WARNING, RESTRICT YOUR ACTIVITIES THROUGH OUR SITE (INCLUDING BUT NOT LIMITED TO BUYING, SELLING AND CHATBOARD POSTING ACTIVITIES), TEMPORARILY SUSPEND, INDEFINITELY SUSPEND OR TERMINATE YOUR MEMBERSHIP AND REFUSE TO PROVIDE OUR SERVICES TO YOU IF:
    1. you have, or we believe that you have, breached this Agreement, which includes any of our Policies in any way.
    2. we are unable to verify or authenticate any information you provide to us;
    3. we believe that your actions may cause loss or damage to or otherwise unlawfully harm you, our members, third parties or us; or
    4. if we reasonably believe that any of Your Information (which includes an item listed on the Site) is inappropriate or of an offensive nature.
    For security, confidentiality and privacy reasons, we are not obligated to provide you or other members the details of any investigation that we conduct or any action which we take, in relation to your membership or your account other than those that are already provided to you by us.

  8. Privacy.

    AASC has a Privacy policy which applies to all members and forms part of this Agreement. You must read and accept our Privacy Policy upon registration in order to use our Site, and you will continue to be bound by its provisions (including any amendments we make to it) while you are a member of our Site.

    We may, without notice to you, either before or after disclosure, disclose information about you to government or other authorities, as permitted by the Privacy Policy.

  9. No warranty.

    9.1 WE AND OUR SUPPLIERS PROVIDE OUR SITE AND SERVICES ON AN "AS IS" BASIS, AND WITHOUT ANY WARRANTY OR CONDITION, EXPRESS OR IMPLIED. TO THE EXTENT PERMITTED BY LAW, WE AND OUR SUPPLIERS SPECIFICALLY DISCLAIM ANY IMPLIED WARRANTIES OF TITLE, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT UNLESS WE ARE REQUIRED TO PROVIDE SUCH WARRANTIES UNDER APPLICABLE LAW.

    If you are considered a consumer under an Australian consumer protection law that applies to AASC, you will be entitled to the benefit of certain warranties under that legislation. For more information on consumer protection laws, please visit ACCC or the website of your state fair trading agency. Furthermore we do not guarantee continuous, uninterrupted or secure access to our services, and operation of our Site may be interfered with by numerous factors outside our control. To the extent that such factors are outside of our control, AASC shall not be liable.

    9.2 To the extent that AASC and all affiliates and related entities of AASC are able to limit the remedies available under this Agreement, and subject to Clause 12 of this Agreement, AASC and all affiliates and related entities of AASC expressly limit their liability for breach of a non-excludable condition or warranty implied by virtue of any legislation to the following remedies (the choice of which is to be at AASC's sole discretion):

    a. in the case of goods, any one or more of the following:
    1. the replacement of the goods or the supply of equivalent goods;
    2. the repair of the goods;
    3. the payment of the cost of replacing the goods or of acquiring equivalent goods; or
    4. the payment of the cost of having the goods repaired; and

    b. in the case of services:
    1. the supply of the services again; or
    2. the payment of the cost of having the services supplied again.

    However, if you are considered a consumer under an Australian consumer protection law that applies to AASC, and you use our services for personal, domestic or household use, this clause 11.2 will not apply to you. For more information on consumer protection laws, please visit ACCC or the website of your state fair trading agency, or consult with a legal practitioner.

    9.3 If you are a New Zealand resident and the New Zealand Consumer Guarantees Act 1993 would otherwise apply to you, you agree that the provisions of the Consumer Guarantees Act 1993 will not apply to the supply of our services or to this Agreement.

  10. Liability limit.

    10.1 TO THE EXTENT PERMITTED BY LAW IN NO EVENT SHALL WE, OUR AFFILIATES AND RELATED ENTITIES OR OUR SUPPLIERS BE LIABLE FOR LOST PROFITS OR ANY SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES ARISING OUT OF OR IN CONNECTION WITH OUR SITE, OUR SERVICES OR THIS AGREEMENT (HOWEVER ARISING, INCLUDING NEGLIGENCE). YOU AGREE TO ACCEPT SOLE RESPONSIBILITY FOR THE LEGALITY OF YOUR ACTIONS UNDER THE LAWS WHICH APPLY TO YOU. YOU AGREE THAT AASC AND ALL AFFILIATES AND RELATED ENTITIES OF AASC HAVE NO RESPONSIBILITY FOR THE LEGALITY OF OUR MEMBERS' ACTIONS.

    TO THE EXTENT PERMITTED BY LAW, AND SUBJECT TO ANY CONTRARY REQUIREMENTS ARISING UNDER ANY APPLICABLE LAW, OUR LIABILITY, AND THE LIABILITY OF OUR RELATED BODIES CORPORATE, AFFILIATES OR SUPPLIERS, TO YOU OR ANY THIRD PARTIES IN ANY CIRCUMSTANCE IS LIMITED TO THE GREATER OF:
    1. THE AMOUNT OF FEES YOU PAY TO US IN THE 12 MONTHS PRIOR TO THE ACTION GIVING RISE TO LIABILITY; OR
    2. AUD$100.

    10.2 Notwithstanding the above provisions, nothing in this Agreement is intended to limit or exclude any liability on the part of AASC and its affiliates and related entities where and to the extent that applicable law prohibits such exclusion or limitation including those within the Trade Practices Act 1974 (Cth) and relevant state fair trading legislation. For example, if AASC is found (by judgment of a court of competent jurisdiction) to have breached a warranty or condition implied by law, and you are considered a consumer for the purpose of that law, then the limitation of liability in clause 10.1 will not apply to you. For more information on consumer protection laws please visit ACCC or the website of your state fair trading agency, or consult with a legal practitioner.

  11. Indemnity

    You agree to indemnify and hold us and (as applicable) our related entities, affiliates, and our and their respective officers, directors, agents, and employees, harmless from and against any and all claims, demands, proceedings, losses and damages (actual, special and consequential) of every kind and nature, known and unknown, including reasonable legal fees, made by any third party due to or arising out of your breach of this Agreement or your violation of any law or the rights of a third party.

  12. Legal Compliance.

    In addition to this Agreement, you must familiarise yourself with, and comply with the Policies, domestic laws (including common law) international laws, statutes, ordinances and regulations regarding your use of our services including bidding on, listing, purchase, solicitation of offers to purchase, and sale of items. In particular, you must ensure that your activities, items you list (which is part of Your Information), and the balance of Your Information do not violate the Broadcasting Services Act 1992 (Cth), the Trade Practices Act 1974 (Cth) and other relevant state-based fair trading legislation. For more information about this legislation and other legislation which may apply to you, you may wish to refer to the Australasian Legal Information Institute.

    Notwithstanding successful conclusion of a transaction you must ensure strict compliance with any particular formalities which, if not complied with, will either render a transaction void or unlawful (eg. the sale of interests in real property ordinarily requires a written document to be created).

    YOU ALONE, AND NOT AASC, ARE RESPONSIBLE FOR ENSURING THAT YOUR LISTING, BIDDING AND SELLING AND ANY OTHER ACTIVITIES CONDUCTED ON OUR SITE ARE LAWFUL. YOU MUST ENSURE THAT YOU COMPLY WITH ALL APPLICABLE LAWS IN AUSTRALIA AND OTHER COUNTRIES. YOU MUST ALSO ENSURE THAT YOU STRICTLY COMPLY WITH THIS AGREEMENT AND THE POLICIES WHICH FORM PART OF THE AGREEMENT.

  13. No agency.

    No agency, partnership, joint venture, employee-employer, franchisor-franchisee or other similar relationship is intended to be or is created by this Agreement. In particular you have no authority to bind AASC, its related entities or affiliates in any way whatsoever.

  14. Notices.

    Except as stated otherwise, any notices must be given by registered ordinary post (or if posted to or from a place outside Australia, by registered airmail) Australian Alpaca Sales Centre, 1628 Coolalie Road, Jerrawa, NSW, Australia, 2582 (02) 4845 8121, (in the case of AASC) or to the email address you provide to AASC during the registration process (in your case). Alternatively, we may give you notice by certified airmail, postage prepaid and return receipt requested, to the address provided to AASC during the registration process, or as updated by you as relevant. Any notice shall be deemed given (a) if sent by email, 24 hours after email is sent, unless the sending party is notified that the email address is invalid, (b) if sent by pre-paid post, three Business Days after the date of posting, and on the seventh Business Day if sent to or posted from outside Australia, and (c) if sent by facsimile transmission, on the Business Day the transmission is sent (as long as the sender has a confirmation report specifying the facsimile number listed above, the number of pages sent and the date of the transmission). For the purposes of this section, "Business Day" means a day on which banks are open for general business in Sydney, New South Wales, other than a Saturday, Sunday or public holiday.

  15. Mediation and Dispute Resolution.

    We encourage you to try and resolve disputes with other members directly with them, to use a certified mediation (such as online dispute resolution processes) or an arbitration entity or to report disputes to your local police or law enforcement agency as appropriate.

    Any controversy or claim arising out of, or in connection with, this Agreement between AASC and you may be settled by independent, confidential mediation by reference to a commercial disputes centre, at either party's election. You and AASC agree to be bound by the outcome of such mediation. Each party will bear its own costs (and split equally any joint costs) of mediating the dispute

  16. General

    The Site and its associated services set out in this Agreement are offered by Australian Alpaca Sales Centre, 1628 Coolalie Road, Jerrawa, NSW 2582, Australia.

    This Agreement will be governed in all respects by the laws of the State of New South Wales, Australia. You and AASC irrevocably submit to the non-exclusive jurisdiction of the courts of New South Wales, Australia. The provisions of this Agreement are severable, and if any provision of this Agreement is held to be invalid or unenforceable, such provision may be removed and the remaining provisions will be enforced. This Agreement may be assigned by AASC to a third party without your consent in the event of a sale or other transfer of some or all of the assets of AASC. In the event of any sale or transfer you will remain bound by the Agreement. Headings are for reference purposes only and in no way define, limit, construe or describe the scope or extent of such section. Our failure to act with respect to an anticipated or actual breach by you or others does not waive our right to act with respect to subsequent or similar breaches. This Agreement may not be construed adversely against us solely because we prepared it. This Agreement sets out the entire understanding and agreement between us with respect to its subject matter.

  17. Further Notice.

    Disputes between you and AASC regarding our services, complaints or suggestions should be reported by email to us.