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Introduction:
Thank you for visiting Gimko. By using the Website and the Services you agree to abide by the following terms and conditions of Gimko. These terms and
conditions are effective from the 'last update' date shown above.
If you have any questions about these terms, please feel free to contact us via the contact page on the Website.
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Scope
Before using the Website or the Services you must read the terms and conditions set out below, and accept those terms and conditions. You must also read
all of the terms linked to the terms of use agreement (the Agreement) and also our Privacy Policy.
Throughout the Agreement you will notice further hyperlinked information. Gimko strongly encourages you to familiarise yourself with all hyperlinked
information. By accepting the terms of this Agreement you agree that the Agreement will be in place whenever you use the Website or the Services.
In the event you visit a Gimko related website, other than gimko.com.au you understand that you will need to read and agree to any terms of those websites
or those services.
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Using the Website and the Services
The Website and Services are available to persons 18 years and older; that are able to enter into a legally binding agreement. All users agree that they are
18 years or older, and that when using the Website and the Services you agree that you will not:
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Post or transmit through the Website any material which is false, violates or infringes in any way upon the rights of others, which is unlawful,
threatening, abusive, defamatory, invasive of privacy or publicity rights, vulgar, obscene, profane or otherwise objectionable, which encourages conduct
that would constitute a criminal offense, give rise to civil liability or otherwise violate any law, or which, without Gimko's express prior approval,
contains advertising or any solicitation with respect to products or services that competes with the Website or the Services;
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Advertise or perform any commercial solicitation, including, but not limited to, the solicitation of users to become subscribers of other on-line
information services competitive with Gimko;
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Distribute spam, chain mail, viruses or other technologies that may harm Gimko or may harm other Users;
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Use any robot, spider, scraper or any other automated means to access the Website or the Services for any purpose, other than automated bidding on
items listed for sale at the Website, without Gimko's consent;
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Take any action that may undermine the reputation or ratings systems of the Website and the Services, such as displaying and importing or exporting
feedback information or using to for purposes unrelated to Gimko, the Website and the Services
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Modify, publish, transmit, participate in the transfer or sale, create derivative works, or in any way exploit, any of the content, in whole or in part
that appears at the Website or in connection with the Services that is protected under Intellectual Property laws. Except as otherwise expressly
permitted under copyright law, no copying, redistribution, retransmission, publication or commercial exploitation of downloaded material will be
permitted without the express permission of Gimko and the copyright owner. In the event of any permitted copying, redistribution or publication of
copyrighted material, no changes in or deletion of author attribution, trademark legend or copyright notice shall be made. User acknowledges that
it does not acquire any ownership rights by downloading copyrighted material.
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Take any action to manipulate or circumvent any pricing of any item or that would interfere with another User's listing, item or experience of the
Website and the Services;
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Take any action that manipulates, circumvents or otherwise interrupts Gimko's fees, billing process or account details and processes;
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User Verification Process
Upon registering as a User of the Website, you will be given the opportunity to verify your identity; this allows Gimko to ensure the safety of the Website
and the Services at all times for its members and Users, and, allows Users to build trust in one another when using the Website. By accepting these Terms
of Use, you agree to comply with Gimko's verification process should you choose to verify your identity.
Where possible, the verification process will be solely online and electronic through the Website, confirming identity against online & electronic databases
and/or via other means of identification such as your Medicare card, passport or driver's license. At times this may not be possible and manual verification
will be required. Manual verification may include presentation of documents at your local Australia Post office, or, by sending in certified copies of
documentation. If you register as a business then we may require other details such as your ABN/ACN.
Unless not possible, identity verification services will be provided by leading Australian Verification Company greenID - for Australian based users.
If you become a verified user, you understand that to retain your verified status you must re-verify every 12 months; additionally, re-verification
will be required if you change certain details which are used to verify your identity, such as your name, address or business details.
If you would like to see how your information is protected, please feel free to view greenID's
privacy statement.
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Buying and Selling on the Website and by using the Services
Unless by mutual agreement between buyer and seller, when using the Website and the Services to buy and sell items, you further agree that you will not:
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Fail to make payment for any item you purchase at the website, unless there has been a substantial and material change in the item's
description after you have won or purchased the item, a clear typographical error is made or you are unable to confirm the seller's
identity;
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Fail to deliver items that you have sold to another User unless the purchaser does not meet the posted terms of the sale of the item, or you are
unable to confirm the purchaser's identity;
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Post items for sale under inappropriate categories or by using inappropriate key words and listing information;
It is User's responsibility to also familiarise themselves with Gimko's selling guidelines when using the Website and the Services to sell items.
Items will be marked as 'Paid' at the Website once the Buyer pays via one of the direct payment methods available via the Website. It is Seller's
responsibility, and not Gimko's, to ensure that payment has in fact been made by the Buyer, and that the correct amount is received.
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Buyer Protection
Gimko is not responsible nor are they liable for the protection of Buyers when choosing to purchase items from Users of the Website and the Services.
Buyer may be protected in their transactions at the Website through the Payment Gateways used in the financial transactions. Gimko encourages all users
to familiarize themselves with the Buyer Protection policies of their chosen payment gateways.
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Problems and Complaints
Gimko strives to provide a safe and enjoyable community for its users and members. If you believe a user is posting any offensive content or is violating
the Agreement in any manner, or you are experiencing any problems with the Website and the Services, please report these to Gimko.
Gimko also strives to ensure that any listed items do not infringe the intellectual property rights of other people. If you believe that a listed item
infringes your intellectual property please contact Gimko via the contact page on the Website. Include in your email:
The nature of the IP being violated (copyright, trademark, design etc)
Jurisdiction where you are listed as the owner of this IP
Any registration numbers available
Link to listing you believe violates your IP
Gimko takes complaints seriously and will respond to your contact as soon as possible. In the event your complaint is founded and without limiting other
actions and remedies available, Gimko may limit, suspend or cancel User accounts and memberships if it is thought the User is creating problems for others,
is breaching the Agreement or is violating intellectual property rights of third parties.
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Fees and Pricing
Being a User or Member at the Website is free of charge. Gimko will charge a fee for using other Services, such as the listing of items for sale or for
auction at the Website.
When you list a new item for sale or for auction, or use any other Gimko service that has a fee associated you will be provided the opportunity to review
the fee. You will be asked to accept the fee before proceeding and will be charged based on the current fee schedule. Gimko may amend its fee schedule
from time to time. New schedules will be posted as an announcement and will become effective on the date listed in the announcement. It is User's
responsibility to ensure they are familiar with the current fee schedule at any time.
Gimko has set a minimum invoice amount for its Users and will not bill Users for fees when their accounts are lower than this amount, with the exception
of Users whose accounts remain under the Minimum Invoice Amount for a period of 6 months or longer. In these cases, User acknowledges that Gimko may issue
an invoice no matter how small an amount owing, and that the standard payment terms and conditions apply.
By listing an item on the Website or by engaging the Services, User agrees to pay Gimko's fees for the listing and User assumes full responsibility for the
content of the listing and the item offered. Gimko reserves the right not to refund fees paid by a User if their listing is deleted because it has been
determined that User has breached or violated this agreement or trading policies.
All fees shown at the Website, or quoted in connection with the Services are in Australian dollars. It is User's obligation to pay fees, and any taxes,
to Gimko in a timely manner and in accordance with any payment terms and methods stipulated by Gimko.
In the event you fail to pay your account in accordance with such terms then Gimko reserves the right to pass your account on for collection. Any
associated fees (such as debt collector fees, disbursements, solicitor fees and court costs) will become User's liability and may be collected by Gimko.
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Refund of Gimko Fees
Generally speaking, fees paid to Gimko in connection with listed items for sale are non-refundable (listing fees). Gimko's charges
include 'final value fees', which are calculated as a percentage of the selling price of the item. The final value fees will only be considered for a
refund if the buyer does not complete a purchase - even in this case, however, Users understand that the actual listing fee is not refunded.
Any refund of listing fees is at Gimko's sole discretion.
In the event of a defective product being purchased through the Website, Gimko will not refund fees associated with the purchase. As per these terms of
use, Gimko is not responsible in any manner for the items sold through the Website.
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Content
By submitting material to any public area of the Website, User automatically grants, or warrants that the owner of such material has expressly granted Gimko
the royalty-free, perpetual, irrevocable, non-exclusive right and license to use, reproduce, modify, adapt, publish, translate and distribute such material
(in whole or in part) worldwide and/or to incorporate it in other works in any form, media or technology now known or hereafter developed for the full term
of any copyright that may exist in such material. User also permits any other User to access, view, and store or reproduce the material for that User's
personal use. User hereby Gimko the right to edit, copy, publish and distribute any material made available on the Website by User.
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Trading on the Website
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Gimko strives to provide a safe website and safe environment for Users to engage with one another and to employ the Communication Services and the
Trading Services. User acknowledges that any online trading will carry risks and User agrees that its acceptance of these terms and conditions are
at its own risk;
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You understand that Gimko is not an auctioneer. Gimko is simply the supplier of the Website and the Services, which may be used as venues that
allow you to buy and sell items online, sometimes using an 'auction' format;
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Gimko is not involved in and therefore cannot be responsible for the transactions between Users buying and selling items through the Website
or by employing the Services;
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When entering a transaction with another User a legally binding contract is created between the two Users. It is those Users responsibilities to
ensure that they comply with their obligations to the other User and are aware of any other applicable laws governing the transaction;
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It is users responsibility and not Gimko's to enforce its rights in the event another User breaches any obligation during a transaction;
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Listings will be posted at the Website and viewable in the "My Gimko" section of the Website;
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Listings may not be immediately found during searches at the Website or searches conducted by keyword and category.
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Where a listing appears in search and browsing results it may be based on certain factors such as listing format, item title, bidding activity,
end time, keywords, prices and shipping costs & reputation rating.
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The Website will allow Users to sell their items to international buyers. It is User's responsibility to ensure it has appropriately calculated
any shipping or associated cost for transacting with an international User, and that identity has been authenticated. Gimko holds no responsibility
in transactions with overseas parties.
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Users understand that Gimko may, from time to time, also list items for sale at the Website. In those cases, Gimko will be obligated by these terms
of use in the same way as any other member, and, Gimko will ensure its listings are clearly identified as Gimko listings.
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Forum
User understands that if they access the Gimko forum when they are logged in, an account will automatically be created for you on the forum
database using the same username as you use on the main Gimko site. Gimko utilises a single sign-on system between the main site and the forum;
user understands they cannot maintain an account on the forum without being a member of the main site and if your account is closed or suspended
on the main Gimko site it may also be suspended or closed on the forum.
In addition to these terms, the forum also has it's own rules, which you are expected to follow.
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Limitation of Liability
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Gimko does not, at any time, take ownership of any item listed for sale at the Website and it does not have any part in or responsibility in
the transfer of ownership of such items save as to items Gimko may itself list for sale at the Website;
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You agree that use of the Website and the Services is at your own risk. Gimko cannot guarantee that the Website and the Services will be
uninterrupted or error free; nor can they warrant the results that may be obtained from using the Website or the Services as to the accuracy,
reliability or fit for purpose;
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Gimko is not liable for any loss or damage, direct or indirect, that may arise from your use of or your inability to use the Website and the Services;
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To the extent legally able, Gimko limits the remedies available under this Agreement for breach of a non-excludable guarantee to the following:
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The supply of services again;
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The payment of the cost of having those services supplied again.
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Breaches
Without limiting other available remedies, Gimko may at its sole discretion and without notice suspend or terminate provision of the Services and the
Website, limit or terminate accounts, issue warnings, delay listings or generally restrict activities when:
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User has breached this Agreement in any manner, or Gimko has reason to believe User has breached this Agreement;
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Gimko is unable to authenticate User's Account details or information provided by User to Gimko
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Gimko believes User's actions or conduct may cause loss or damage, or otherwise harm Gimko, its Users and its third party suppliers and otherwise
related entities;
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Gimko reasonably believes that any information provided by User is offensive or contrary to law
Gimko reserves the right to read and review messages posted at the Website and/or the Services by Users, or sent as direct messages to other Users if Gimko is aware of
disputes arising from those Users, or has reason to believe that those Users are using the Website and/or the Services in a manner that does not comply
with this Agreement.
If one User has a dispute with another User or Users, Gimko, its affiliates, employees, agents, third party providers or however so else related are
released from any claim, demand or damage of every kind and nature (known and unknown) arising from that dispute.
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Closing your Account and Termination of your Account
Either Gimko or User may terminate this Agreement at any time. Without limiting the foregoing, Gimko shall have the right to immediately terminate
User's Account in the event of any conduct by User which Gimko, in its sole discretion, considers to be unacceptable, or in the event of any breach
by User of this Agreement.
User may close its account at its sole discretion at any time and without notice to Gimko so long as:
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User does not have any outstanding items listed at the Website and in connection with the Trading Services; and
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User has resolved any outstanding matters that may exist on its account such as suspension or restriction of User's Account; and
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User pays any outstanding fees owing on the User's Account
User understands that closing their account may also amount to the closing of their accounts on other Gimko services.
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Privacy
Gimko takes its Users privacy seriously and will not provide personal information to others for marketing purposes without your consent. Gimko will
only use personal information in the manner described in the Privacy Policy. Please refer to this
policy in conjunction with your reading of this Agreement.
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Indemnification
User agrees to defend, indemnify and hold harmless Gimko its affiliates and their respective directors, officers, employees and agents from and against
all claims and expenses, including attorneys' fees, arising out of a breach of the Agreement, an infringement of any law, the use of the Website, the
Services or Gimko products by User or User's Account.
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No Agency
Gimko is not the agent for User for any purpose in relation the TOU of User's use of the Website and the Services;
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Service of Notices
Service of legal notices to Gimko must be delivered to:
Gimko Pty Ltd
PO BOX 505
Burwood, NSW, 2134
Gimko may deliver legal notices to Users by way of the email address provided when User signed up to use the Website and the Services. Should attempt
to deliver to such an email account fail, Gimko may post to the mailing address on User's account.
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Legal Disputes
Gimko aims to resolve any and all disputes quickly and as cost effectively to both parties as possible.
If User has any problem or concern with the Website, the Services or Gimko in general User should contact Gimko to seek a resolution to the problem.
User should also consult pages at the Website to see if their concern or question is answered. Gimko will consider all reasonable requests to resolve
any dispute through alternative procedures such as arbitration or mediation if the matter cannot be resolved directly between Gimko and User, as
alternatives to litigation.
This Agreement shall be construed in accordance with the laws of the Commonwealth of Australia. More particularly, this Agreement will be governed by the
Laws of New South Wales. In the event a dispute between Gimko and User cannot be resolved and litigation becomes necessary, User agrees such matters to
be resolved under the jurisdiction of the courts of New South Wales, Australia
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Additional Policies and Terms
Users should be familiar with all other Gimko Policies and terms, such as:
Privacy Policy
Selling Guidelines
Fee & Pricing Schedule
Forum Rules
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General and Miscellaneous
This Agreement and any operating policies for the Website and the Services established by Gimko constitute the entire agreement of the parties with
respect to the subject matter hereof, and supersede all previous written or oral agreements between the parties with respect to such subject matter.
No waiver by either party of any breach or default hereunder shall be deemed to be a waiver of any preceding or subsequent breach or default.
The section headings used herein are for convenience only and shall not be given any legal import.
If any part of the Agreement is held to be invalid or unenforceable, such provision of the Agreement will be severed and the remaining provisions will
remain in full effect.
Gimko may assign its rights in the Agreement to another entity.
Gimko may amend this Agreement, and other policies from time to time. Gimko will publish updated copies at the Website as soon as they are available.
Unless otherwise specified the updated Agreement or policy will become effective once published. Gimko will endeavor to notify current Users of any
amendments to this document, by way of email. If you fail to keep a current email address listed in your User information Gimko is not responsible for
being unable to provide notice to you by email.
