General Terms and Conditions

Welcome to eSwap.com.au. This is our: User Agreement. This Agreement describes the terms and conditions that govern your use of our services at http://www.eSwap.com.au.

You must read, agree with and accept all of the terms and conditions contained in this User Agreement and the Privacy Policy, which include those terms and conditions expressly set out below before you can become a member of eSwap.com.au.

By accepting this User Agreement, you also agree to be bound by the User Agreements and posted terms and conditions of eSwap.com.au.

Our services are available only to, and may only be used by, individuals 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 or to temporarily or indefinitely suspended eSwap.com.au members. If you do not qualify, please do not use our services. Your eSwap account may not be transferred or sold to another party.

eSwap is not an Auctioneer

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 acts as a vehicle to allow members to offer, sell, swap and buy just about anything, 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" or a swap for item/items of equivalent values. We are not involved in the actual transaction between buyers and sellers. As a result, we have no control over the quality, safety or legality of the items or content posted by users on the Site, the truth or accuracy of the listings, the ability of sellers to sell items or the ability of buyers to buy items. We do not ensure or guarantee that a buyer or seller will actually complete a transaction or act lawfully in using our Site.

Trade safely, user authentication on the Internet is difficult, eSwap cannot and does not confirm each user's posted identity. You should refer to the user feedback system to help you evaluate the user you are dealing with. We also encourage you to communicate directly with potential trading partners through the tools available on our Site. You may also wish to consider using a third party escrow service or services that can provide additional user verification or assurance to protect your transaction.

Release: Because we are not involved in the actual transaction between buyers and sellers, in the event that you have a dispute with one or more users, you release eSwap.com.au (and our officers, directors, agents, affiliates, parents, subsidiaries and employees) from claims, demands and damages (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 such disputes.

Information Control. Any communications we may send you from time to time do not in any way, represent any endorsement, guarantee or legitimise your transactions. You are responsible for completing all transactions you participate in including monitoring there status and complying with all relevant legal obligations. We do not control, endorse or approve the items, information or content provided by other users which is made available through our system. You may find other users' information to be offensive, harmful, inaccurate, or deceptive. Please use caution, common sense, and practice safe trading when using our Site. Please note that there are also risks of dealing with underage persons or people acting under false pretense. Additionally, there can also be risks trading with international entities and dealing with foreign nationals.

You are obligated to complete the transaction with the seller if you purchase an item through one of our fixed price formats or are the highest bidder as described below, unless the transaction is prohibited by law or this User Agreement. If you are the highest bidder at the end of an auction (meeting the applicable minimum bid or reserve requirements) and your bid is accepted by the seller, you are obligated to complete the transaction with the seller, unless the item is listed in a category under the Non-Binding Bid Policy or the transaction is prohibited by law or by this Agreement. By bidding on an item you agree to be bound by the conditions of sale included in the item's description so long as those conditions of sale are not in violation of this Agreement or unlawful. Bids are not retractable except in exceptional circumstances such as when the seller materially changes the item's description after you bid, a clear typographical error is made, or you cannot authenticate the seller's identity.

Listing Description. You must be legally able to sell the item(s) you list for sale on our Site. You must describe your item and 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. All listed items must be listed in an appropriate category. All Dutch auction items must be identical. At any one time you may not promote identical items in more than ten (10) online auction listings (whether Dutch or Regular auction-style) on our Site.

1. Binding Bids. Except for items to which the Non-Binding Bid Policy applies, if you 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.  

a. the buyer fails to meet the terms of your listing (such as payment method); or

b. You cannot authenticate the buyer's identity.

Fraud. Without limiting any other remedies available to eSwap at law, in equity or under this Agreement, eSwap may, in its sole discretion, suspend or terminate your account if we suspect that you (by conviction, settlement, insurance or escrow investigation, or otherwise in our sole discretion) have engaged in fraudulent activity in connection with our Site.


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. If you spot a listing that you feel is violating the general terms and conditions of this web-site as stated below please let us know by contacting us by using the "contact us" tab on our home page.

We may amend this Agreement at any time at our discretion by posting the amended terms on our Site. The fact that amendments have been made to the User Agreement will also be notified on our Notice Board located on our home page except as stated below, all amended terms shall automatically be effective 30 days after they are initially posted on our Site. If you do not agree with such changes, you must terminate your membership of eSwap.com.au. This Agreement may not be otherwise amended except in writing signed by you and eSwap.com.au. This agreement is effective from the 1^st September 2005.

Rights To Suspend or Terminate.
You agree that this web-site, in its own discretion, may terminate any auction or use of the service immediately and without notice if (a) We believe that you are not abiding by the general rules of this web-site
(b) You have repeatedly broken a certain term (c) You have listed a suspicious item (d) We believe you to be a non paying bidder. In most cases when we suspect foul play we will suspend your account/listing whilst we investigate further. If our investigation is conclusive then your account with us will be terminated.

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, swapping 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, swap or buy the relevant item and that you are not prohibited from doing so by any law or regulation.
You must not transmit through the 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.

Infringement of Rights

You must not, by any means, infringe the rights (including intellectual property rights) of others. Examples of prohibited conduct include listing or selling ‘replica product” and counterfeit items regardless of how you describe them. eSwap reserves the right to remove or suspend any account that is reported or noticed trying to sell counterfeit items as genuine brand products. It is the user’s responsibility to ensure that their listed items do not infringe on any copyright, trademark or other intellectual property rights of third parties. Owners of trademarked property can report such infringement to eSwap.com.au for investigation and if found to be infringing on a copy write or intellectual licence the items will be removed and the users account will be suspended. To report infringing items the owners of the copyright or licence should seeking the removal of the offending item or items.

General Terms Overview.
This site acts as the window for sellers to conduct auctions and for bidders to bid on sellers' auctions. We are not involved in the actual transaction between buyers and sellers. As a result, we have no control over the quality, safety or legality of the items listed the truth or 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, note that there are risks of dealing with foreign nationals, underage persons or people acting under false pretence.
This Web-site 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 web-site shall not be responsible for the cost of procurement of substitute goods or any losses resulting form any goods purchased or obtained.
This web-site assumes 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.