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FIND THAT ADVERTISING PLATFORM – Terms and Conditions
1. What is the basis of this Agreement?
This Agreement applies to:
the posting by Find That.com.au of any advertisements submitted by you, the person named and described in the online user creation (You);
the administration of Your interaction with Find That; and
the supply and administration of any additional services offered by Find That to You from time to time.
2. Placing an Advertisement
In order to place an advertisement (Ad) for an item (Item) You must:
be a natural person or a body-corporate.
set up a membership with Find That; by creating a user name with a valid email
be the owner of the goods advertised or have the legal right to sell on behalf of another natural person or body-corporate.
Find That may alter its product and services offerings at any time without notice to You and does not guarantee or represent or warrant to you that any product or service offering which is available at a particular time, will be available in the future.
3. What You Must Do
You must :
comply with the terms and conditions set out in this Agreement;
provide all information for Your Ad ( including any photographs ) in the form required by Find That from time to time;
describe the advertised Item accurately;
comply with any relevant Find That advertising policy;
if You are not the owner of any materials (for example, images or written descriptions of items) which You wish to include in Your Ad, obtain written permission from the owner of those materials to include them in Your Ad (and to grant Find That the licence contained in clause 8 of these Advertising Terms and Conditions) before submitting the Ad to Find That for publication;
if requested, provide Find That with proof of ownership of an Item, proof that an Item is in Australia or has been cleared by customs;
maintain the confidentiality of all Your email and password information required to access Your account and immediately request a change of password if it is lost, stolen or compromised in any way. You are responsible for all transactions entered into under Your email and password; and
remove Your Ad if the advertised Item is:
withdrawn by You from sale.
4. What You Must Not Do
You must not offer for sale any Item:
not located in Australia;
that is not immediately available for sale - such as an Item which you seek to auction or rent or an Item subject to syndication;
that is not accurately described by the category in which it is advertised
that You are not the owner of; or
in all other cases, which You do not have the right to sell.
You must not submit an Ad which:
includes an offer of or referral to any services, for example finance;
does not comply with all relevant laws;
infringes the intellectual property rights of any person including any company or organisation;
is illegal, fraudulent, obscene, offensive, defamatory, or in any way unsuitable for people under the age of eighteen (18) years;
is misleading or deceptive or likely to mislead or deceive (for example by including photos or text in Your Ad that do not match the Item or by listing the Item at a lower price than you would be willing to sell the Item to solicit increased enquiries or for other purposes);
comprise anything which may adversely reflect on Find That or any website on which Your Ad is posted;
include references or links to other websites or HTML enhancement text;
You must not submit any international contact numbers in Your Find That account information or Your Ad.
5. Requirements for photographs included in Ads
Photographs submitted with Ads for publication must:
be current photographs of the actual Item for sale, such that the Item is shown in the same condition as it is anticipated that it will be delivered to the buyer;
not include any images of people;
not be digitally altered;
not contain any watermarks; and
be in jpeg format and of 640 x 480 dimension.
6. Posting of Ads
Find That is not bound to post Your Ad until accepted by Find That. Your Ad is accepted when Find That posts Your Ad.
If Your Ad is in breach of section 4 or otherwise contains content that Find That deems inappropriate to include in an Ad, Find That may refuse to post Your Ad or remove any unauthorised content from the Ad before publication.
If accepted, Find That will post Your Ad as set out in the Application on the terms and conditions of this Agreement and with any amendments required by or authorised by these Terms and Conditions.
Find That's acceptance of Your Ad does not create any relationship of agency between You and Find That.
You accept and acknowledge that Find That's acceptance of Your Ad does not provide any representation, warranty or guarantee that your Item will be sold through Find That or any of its Services.
Find That may repost Your Ad on such other websites, search engines, applications and print or other media as Find That determines from time to time in its absolute discretion.
You acknowledge and agree that while every endeavour will be made to post Your Ad as submitted, Find That will not (other than as set out in clause 14) be liable for any error, omission or failure to post Your Ad in the form ordered, including acts or omissions of Find That, its employees or agents.
Find That may refuse to post, withdraw or terminate the publication of Your Ad (or any part of Your Ad) if:
Find That determines, in its absolute opinion without notice, You are not entitled to place the Ad ; or
You breach this Agreement; or
You have not logged on to the administration pages of Your Ad for more than 60 days; or
Find That determines, in its absolute discretion without notice, that such refusal, withdrawal or termination is appropriate.
Despite anything in this Agreement, Find That has absolute editorial control in relation to the publication of Your Ad, including, but not limited to the format, position and placement of Your Ad.
Third party offers to repost Your Ad in print or other media are subject to separate terms and conditions. Find That will not be responsible for third party terms and conditions, any services provided by the third party or resolving any dispute between You and any third party.
7. Cancellation and Withdrawal of Ads
An Ad may be removed at any time after posting.
8. Intellectual Property Rights
You hereby grant to Find That in respect of all copyright materials included in Your Ad or materials otherwise submitted by You to Find That, a perpetual, royalty free and irrevocable licence to use, reproduce, adapt, commercialise or otherwise utilise in any manner those materials.
No payment is required by you under this FREE offer at the time of joining; and
Find That guarantees a minimum period of three months under the FREE offer from the date of joining; but
The term of FREE advertising on the Find That site remains at the absolute discretion of Find That and may be subject to change with 60 days notice to you with any proposed offers made being open to negotiation and discussion at that time.
10. Your warranties to Find That
You represent and warrant to Find That that:
You are the owner of all Items included in Your Ad/s and You have the authority to sell those Items;
You are entitled to post the Ad and all materials contained in the Ad, including text and images;
all contact and other details You have provided to Find That are accurate; and
Your use of the Find That platform will comply with the terms and conditions set out in this Agreement and any other requirements or directions issued by Find That from time to time.
11. You Indemnify Find That
You indemnify Find That against all actual or threatened loss, damage, actions, claims and / or demands (including the cost of defending or settling any actions, claims and demands) which may be instituted against Find That arising out of:
a breach of this Agreement (including a breach of any representation or warranty contained in this Agreement) by You;
any wilful, unlawful or negligent act or omission by You;
the publication by Find That or any other person of Your Ad;
the sale or offering for sale of any Item.
12. Find That Liability to You is Limited
Other than as set out in this clause 12, and to the full extent permitted by law, all guarantees and implied and express warranties in respect of any goods or services provided by Find That are HEREBY EXCLUDED.
To the full extent permitted by law, Find That will only be liable to You:
Pursuant to any guarantee, right or contractual term that arises, is created or is implied by operation of law and cannot be excluded PROVIDED THAT, to the full extent permitted by law, any such liability of Find That is limited, at Find That’s option, to (A) replacing or repairing the relevant goods, (B) supplying goods equivalent to the relevant goods, (C) supplying the relevant services again or (D) paying the cost of such replacement, repairs or supply; or
Subject always that if Your claim arises from or in connection with any deliberate breach of these terms and conditions or fraud by Find That.
To the full extent permitted by law, Find That will not be liable to You:
for claims arising out of or in connection with this Agreement or the publication of Your Ad whether arising in contract, tort (including negligence), indemnity, strict liability, breach of warranty or statute; and
for loss of use, production, profit, revenue, business, data, contract or anticipated savings or for delay or for any financing costs or increase in operating costs or any economic loss for any indirect or consequential loss or damage.
For the purposes of clauses 13 and 14, the term Find That will mean Find That, its officers, employees, contractors and agents, whether individually or collectively.
This clause will survive the expiration or termination of this agreement.
To read how Find That collects, uses and discloses Your personal information click here.
Find That is not be liable for any contact between You and any third party, including, but not limited to, contact made through the Find That platform (for example through the vehicle enquiry form). You acknowledge that by placing an Ad on the Find That platform, Your contact details (for example, telephone number) may be made available to the public and You grant Find That permission to make such details available on Your behalf.
14. What Law Governs this Agreement
This Agreement is governed by and construed in accordance with the laws of the State of Queensland Australia and You irrevocably submit to the exclusive jurisdiction of the courts in that State.
15. Entire Agreement
These Advertising Terms and Conditions, Find That Terms and Conditions of Use and any warranties implied by law which cannot be excluded constitute the entire agreement of the parties in relation to its subject matter. All other terms whether express or implied are HEREBY EXCLUDED to the full extent permitted by law. This Agreement will prevail to the extent of any inconsistency with the Terms and Conditions of Use.
Find That may, in its absolute discretion, modify or amend this Agreement and such modifications or amendments will be binding upon You once displayed on this web site. You should regularly check these terms and conditions displayed on this web site.
All rights not expressly granted are reserved.
If any provision of this Agreement is invalid, illegal or unenforceable in any respect such invalid, illegal or unenforceable provision is to be severed from this Agreement and the remaining terms will apply.
Any delay or failure by Find That to enforce any provision of this Agreement will not be deemed a waiver or create a precedent or prejudice Find That's rights in any way. No waiver by Find That will be effective unless it is in writing and signed by Find That.
Version 1.0 (FEB 2021)