Agreement

VSKC Marketplace Agreement

In using VSKC’s Marketplace you agree certain undertakings, which we have detailed below.  If you do not explicitly agree with any of these then you will not be able to use this marketplace:

You accept in using it that there are risks when trading online and using our website. You will not hold VSKC responsible for other users' content, actions or inactions.

You acknowledge that we are not an auctioneer or agent and are not party to any contract of sale or otherwise. This website is only a venue to allow any members to offer, sell, and buy anything they may feel is relevant to other members.

VSKC is not involved in the actual transaction between buyers and sellers. We have no control over and do not guarantee the quality, safety or legality of items advertised, the truth or accuracy of other members’ content or listings, the ability of sellers to sell items, the ability of buyers to pay for items or that a buyer or seller will actually complete a transaction.

When you enter into a transaction you create a contract with another member. You must ensure that you comply with your obligations to that other member and are aware of any laws relevant to you as either a buyer or seller. If another member breaches any obligation to you, then you and you only and not VSKC are responsible for enforcing any rights that you may have.  VSKC will not be involved in any dispute or transaction in any way.

You are responsible for ensuring that your listing and selling are lawful. You must ensure that you comply with all applicable laws in Australia. You must also ensure that you strictly comply with this Agreement and the policies that form part of the Agreement.

VSKC does not take ownership of the items at any time and does not transfer legal ownership of items from the seller to the buyer.

VSKC is not liable for any loss of money, goodwill or reputation, or any special, indirect or consequential damages arising, directly or indirectly, out of your use of or your inability to use the Services.

If you have a dispute with one or more members, you release us and our officers, directors and agents from claims, demands and damages both actual and consequential, known and unknown, arising out of or in any way connected with such disputes.

While using the VSKC Marketplace services, you will not:

  • infringe any laws, third party rights or VSKC policies, such as the Prohibited Items Policy below
  • use the Service if you are not able to form legally binding contracts or are under the age of 18
  • fail to provide items purchased from you, unless the buyer fails to meet the posted terms or you cannot authenticate the buyer's identity;
  • post false, inaccurate, misleading, defamatory or offensive content (including personal information);
  • distribute or post spam, unsolicited or bulk electronic communications, chain letters or pyramid schemes;
  • harvest or otherwise collect information about users, including email addresses, without their consent.

Without limiting other remedies available to VSKC at law, in equity or under this Agreement, we may, without notice to you and in our sole discretion, delay listing your item(s), issue you a warning, restrict your activities through our site (including but not limited to buying and selling), temporarily suspend, indefinitely suspend or terminate your membership and refuse to provide our services to you for any reason we deem appropriate and in our sole discretion, including:

  • you have, or we believe that you have, breached this Agreement, which includes any of our Policies in any way;
  • we are unable to verify or authenticate any information you provide;
  • we believe that your actions may cause loss or damage to or otherwise unlawfully harm you, our members, third parties or us, our directors, or agents; or
  • if we believe that any of your information is inappropriate or of an offensive nature. A non exhaustive list of some items that are specifically prohibited is:

- Adults only content

- Alcohol

- Bitcoins

- Counterfeit goods

- Credit cards

- Drugs of any type or health care products

- Food

- Intellectual property, such as copyrighted material and trademarks

- Items that aid in illegal activities

- Mail lists

- Personal information

- Marketing programs

- Offensive material of any type

- Stolen property

- Software

- Unauthorised copies of materials

 

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 that we take, in relation to your membership.

Privacy:

For a complete description of how we use and protect your personal information, see the VSKC Privacy Policy. If you object to your information being transferred or used in this way then do not use our services.

Indemnity:

You will indemnify us (and our officers, directors and agents) against any claim or demand, including legal fees and costs, made against us by any third party due to or arising out of your breach of this Agreement, or your infringement of any law or the rights of a third party in the course of using the Services.

Agency:

VSKC is not your agent for any purpose in relation to this Agreement or your use of the Services.