This web-site is intended to be a friendly, enjoyable and useful experience, but as with anything concerning any kind of transactions there are risks involved and we strongly advise you to understand all of these terms before joining or using seekapet.com.au
Membership/Registration:
Only Australian citizens or permanent residents of Australia may register. Membership to this web-site is only available to those you can form a legally binding contract. This site does not permit minors (under 18) to register.
You must only register under one email address and not hold multiple accounts with us. Our site obtains IP addresses to monitor this activity. When registering with seekapet.com.au please avoid the use of free email accounts such as yahoo, gmail, hotmail etc. If you register with a free email account, your functionality and access may be limited on our site.
Additionally, your seekapet.com.au account, including feedback and User ID, may not be transferred or sold to another party.
If you are registering as a business entity, you represent that you have the authority to bind the entity to this Agreement.
seekapet.com.au does not permit the use of user names which contain slanderous, libelous, defamatory or other offensive words, slang and phrases. If seekapet.com.au feels that a user name contains any of the above, we will notify you via email and delete that registered account from our site. We expect you to use your real name, address, date of birth during the registration process and if only a single name is used and/or a non verifiable address your account will be suspended without notice.
User Verification
We use many techniques to verify the accuracy of the information our users provide us when they register on the site. However, because of difficulties involved with verification over the Internet, seekapet.com.au is unable to guarantee that a user is who they may claim to be. If you are uncertain as to another users identity, we suggest that you contact them. You may also review any member's feedback profile to see what others have said about dealing with them.
Site Fees and Charges
The listing fee for posting an item on seekapet.com.au is free. Please refer to our site fees page for additional information.
Uploading Images on seekapet.com.au
Your images are your property however we will add a watermark to each image to prevent our listings being taken and added to other sites. If you use these same images on any other site it is your responsibility to redo them or remove the watermark and seekapet.com.au will not be held responsible for any adverse attention you may get if you do upload images containing the seekapet.com.au logo/watermark to other sites outside of the seekapet.com.au network.
Also from time to time we may wish to use an image in our advertising and may select one or more of our user's images for such purposes. You hereby agree that whilst you are a member of seekapet.com.au we may use any and all images for the purpose of promotions or other similar non harmful activity.
Placing Bids/Buy Out
By placing a bid on an item(s) you are stating that you have the ability and intention to purchase the item for the amount of your bid, should the auction/listing end and you are the high bidder. In the case of a reserve auction, if your bid meets or exceeds the sellers stated reserve price, you agree to purchase the item(s) for the amount of your winning bid.
Before placing a bid in an auction, verify that you understand all terms and conditions of the sale as indicated by the seller. Placing a bid is considered a legal, binding contract in most states. If you have any questions about an item, or the seller offering the item, you should ask the seller before placing your bid. Only in certain situations would bid withdrawal/retraction be acceptable. These situations may include:
i. The seller has made material changes to the description of the item after your bid was placed.
ii. The seller has made a typographical error in the description of the item.
iii. You have contacted the seller and received their express permission to withdraw your bid.
Bidders may not engage in the following activity:
i. Bidding in a manner that causes the maximum bid of other bidders to be revealed, then retract your high bid, and bid again at a lower increment above the true high bidder.
ii. Placing bids for the purpose of exposing the sellers reserve price then retract your bid and bid again later with a secondary User ID.
iii. Bidding on any item that you do not have the intention or means to purchase at the close of the auction, should your high bid cause you to win the auction. You are encouraged to ask the seller of an item listed on seekapet.com.au any questions you may have regarding the sale of or condition of the item before placing your bid.
By placing a bid, you further state that the purchase and/or delivery of the item does not violate any local, state or federal laws, regulations or guidelines regarding the sale or distribution of such item(s).
Disputes and Release
Because seekapet.com.au has no involvement in transactions between users, we cannot get involved in disputes between users. You hereby release seekapet.com.au including all officers, employees, parent companies, contractors, suppliers, or agents from any and all liability of damages or claims resulting from such disputes.
Rights To Suspend or Terminate:
You agree that we, as owners of this web-site and at our own discretion, may terminate any auction or use of the service immediately and without notice or penalty if
i. We believe that you are not abiding by the general rules of the site;
ii. You have repeatedly broken a certain term;
iii. You have listed a suspicious or offensive item, or
iv. We believe you to be a non paying bidder.
In most cases when we suspect incorrect use of the facilities provided we will suspend your account/listing for an indefinate period whilst we investigate further. If our investigation is conclusive then your account with us will be terminated with immediate effect.
Your Conduct:
You are solely responsible for the contents of your actions through this web-site. You must ensure that your participation in the selling or buying of items does not violate any applicable laws or regulations. By this we mean that you must check that you entitled to sell or buy the relevant item and that you are not prohibited from doing so by any law or regulation. You must not transmit through this service any unlawful, harassing, libelous, abusive, threatening, harmful, vulgar, obscene or otherwise objectionable material. You must also not transmit any material that encourages conduct that could constitute a criminal offence, give rise to civil liability or otherwise violate any applicable law or regulation
Cancelling Emails, Newsletters & Communications from seekapet.com.au
If a user whilst during the registration process selects to receive mail from seekapet.com.au and we provide that service, it is requested that at a later date if the user no longer wishes to receive emails, newsletters and communications from seekapet.com.au they themselves go into their own members area and deselect the options for such services.
Your Password
You may not disclose, share, or distribute your password to any third party. If you feel your password has been jeopardised, you may change your password at any time, and as often as you wish through the Members Area --> Manage Account.
Stability
Neither you nor any parties affiliated with, contracted by, or created by you may take any actions to interfere with or interrupt, the operation or stability of the seekapet.com.au web site. This includes, but is not limited to, the use of any software, device, or programming routine that could place excessive loads on our system or interfere with any listing or auction listed on our site, or any user's account or information.
Feedback
seekapet.com.au provides registered users with the ability to leave comments about their experiences in dealing with other registered users through our feedback system. The following actions regarding the use of the Feedback system are prohibited;
i. Threatening another user with negative feedback for their refusal to perform actions not related to your transaction with that user or their failure to agree to terms and conditions of an auction/listing that were not stated in the original listing.
ii. Leaving feedback which contains vulgarity or profanity.
iii. Leaving feedback that discloses another user's personally identifiable information.
iv. Leaving comments that are negative in nature, through the selection of the Positive comment option.
seekapet.com.au provides you with an opportunity to retract a negative feedback comment that you have left about another registered user within 30 days from the time you have posted said comment. This function should not be misused. Continual posting and retracting of multiple negatives may result in suspension of your registration and account. In the event that your feedback rating should reach the status of -4 (negative 4) your registration and account may be suspended. It is expected that you will use the Feedback system in a manner that upholds and maintains the integrity of the Feedback System.
No Partnership / Agency
You and seekapet.com.au act as independent contractors. At no time is any partnership, agency, joint venture, employee-employer or franchiser-franchisee relationship intended or created by this Agreement.
Violation of Terms and Conditions
We may terminate your account, temporarily or permanently, should you violate any portion of these terms and conditions. This includes the termination or suspension of any auctions/listings you may be running at the time, without refund of any fees or compensation or liability for loss of business or revenues which you may claim, as a result of such termination.
Laws:
Remember, the trade of Australian native animals must only be to valid NPWS license holders only, with the exception of exempt species. Also, due to current Australian Federal Regulations, no Australian native finches/parrots may be sent overseas. Permits and Movement Authorities from the State or Territory Governments may be required for the keeping and or movement of some Australian species. A check with the relevant Government Authorities should be made prior to moving or keeping any native species. All licensed dealers are encouraged to include their licence number on listings.
General Terms and Disclaimer:
This site acts as the window for sellers to conduct auctions/listings and for bidders to bid on sellers' auctions/listings. We have no active involvement or participation in any transaction between buyers and sellers. As a result, we exercise no control over the quality, safety or legality of the items listed nor the accuracy of the listings, the ability of sellers to sell items or the ability of buyers to buy items. We cannot and do not control whether or not sellers will complete the sale of items they offer or buyers will complete the purchases of items they have bid on. In addition, please note that there are risks of dealing with foreign nationals, underage persons or people acting under false pretence.
This site and its owners shall not be responsible for any items sold by Auction, for any damage to items during transit or during the inspection period, nor for misrepresentations and/or breaches of contract by either buyer and/or seller. This site shall not be responsible for the cost of procurement of substitute goods or any losses resulting from any goods purchased or obtained. This site and its owners assume no liability for the content of the listings. However if you fall victim of a fraudulent transaction we will assist you as much as we can. Use of this site is at your own risk.
You agree to indemnify, defend and hold harmless, us, our employees, representatives, contractors and agents, from any and all claims and damages (including court costs and attorney fees) arising from or relating to any allegation regarding
(a) Your use of this site
(b) Information or material posted or transmitted by you
(c) Any violation of these terms by you
You must not display any of your contact details in your listing or entice customers to swap email addresses through the message board. Upon successful sales/purchases please continue to use the internal message board provided on seekapet.com.au
We reserve the right to change these Terms and Conditions at any time at our discretion and to notify users of any such changes solely by changing these Terms and Conditions. Your continued use of this site after the posting of any amended Terms and Conditions shall constitute your agreement to be bound by any such changes.
We may modify, suspend, discontinue or restrict the use of any portion of this site, including the availability of any portion of the Content at any time, without notice or liability. We may deny access to any person or user at any time for any reason. We may at any time transfer our rights under these Terms and Conditions to any person.