Australian Parachute Classifieds Terms of Service (effective as of 27th June 2023) V1.3

Terms of Service

1. Definitions

• “Platform” and “Service(s)” – used interchangeably throughout, refer to the website, functionalities and capabilities offered by Australian Parachute Classifieds on australianpc.com.au
• “Terms” – refers to terms and conditions, terms of service and or terms of use
• “User” – refers to any individual who accesses, visits, views, subscribes to, purchases from, contributes content to, or acts as a representative of any company, business, vendor, customer, or supplier in relation to the services provided. This includes visitors, viewers, subscribers, customers, vendors, contributors of content, and their authorised representatives.”
• “Representative” – refers to any individual or entity that acts on behalf of another person, entity, business, or company, either by assuming their role or representing their interests. This includes, but is not limited to, authorised agents, delegates, attorneys, employees, officers, directors, partners, or any other authorised representative.”

2. Introduction

• Welcome to australianpc.com.au, brought to you by Australian Parachute Classifieds. Our website serves as a platform for users to advertise parachuting equipment, which we refer to as our “Service”.
• Australian Parachute Classifieds operates the australianpc.com.au website and provides our Services to you, the user. To access and use our Services, you must agree to abide by the complete set of Terms and policies.
• These Terms apply to all users of the site, including but not limited to viewers, subscribers, customers, vendors, suppliers, contributors of content or representative of the previously mentioned. If you do not agree with all the Terms and policies, you must immediately stop using the Website or any of its Services. By using our Service, you acknowledge and agree to comply with the Terms and conditions outlined here, including any additional Terms or policies referenced within or accessible through hyperlinks.

3. Accepting terms and conditions 

• By accessing and utilising our Services, you, the user, implicitly affirm that you have read and understood the Terms and policies, and you willingly consent to be bound by them. It is important to note that even if you have not explicitly read the Terms and policies, you are still subject to their conditions and obligations once you engage with our Services. We strongly encourage all users to familiarise themselves with the Terms and policies to ensure a clear understanding of their rights and responsibilities.

4. Changes to the terms and conditions

• Australian Parachute Classifieds reserves the sole right to review, modify, and update the Terms and policies at any time, without prior notice. All new content, features or tools introduced are subject to the Terms and policies. As a user, it is your responsibility to periodically review the Terms to stay informed about any changes. Regardless of whether you are aware of the modifications, you are still subject to the updated Terms and policies. We recommend regularly checking the Terms to ensure you are fully aware of your rights and obligations while using our Services. 

5. Our service

• By accessing australianpc.com.au, you acknowledge and accept that Australian Parachute Classifieds provides a platform where various items are listed for sale by the users. These items encompass a wide range of ages and conditions and are not owned by Australian Parachute Classifieds. It’s important to note that Australian Parachute Classifieds does not view, inspect, or review the listed items, and therefore, bear no involvement in the actual sale process or responsibility for the condition of the advertised items. As a user, you explicitly agree that assessing the condition of the items being purchased is solely your responsibility, and you assume full accountability for your actions or oversights when utilising the equipment.

6. Your Account

• To access some of our Services you may need to register an account (your “Account”) with your name, email address, contact number and a password. You agree to register with your own email address and accurate personal information. The security and confidentiality of your password is your sole responsibility and you are solely responsible for all activity that happens under your Account.
• There may be an option for you to connect to our Service using a third-party Service (eg., Amazon, Facebook, Google etc) which may provide us with your personal information or other information you have provided to that Service. You give us permission to store and use such information as may be described within our Privacy Policy. If you believe that your personal information or account may have been compromised or misused on our Service or any other Service, contact us immediately at admin@australianpc.com.au.

7. Using Our Service

• As a user of australianpc.com.au Services, you agree to the following Terms:
  • Compliance with Terms and Policies: You agree to abide by our Terms and Policies while using our services.
  • Applicable Laws and Regulations: You agree to comply with all applicable laws, legislation, regulations, policies, and guidelines relevant to your jurisdiction.
  • Responsible Use of Personal Information: You agree to use the personal information of other users only for genuine reasons and in good faith. You will not use, collect, copy, modify, or distribute any user’s personal information without their consent.
  • Posting Items in Australia: You agree to only post items that are available for purchase within Australia. This requirement does not apply to businesses, companies or suppliers listed within the ‘Stores’.
  • Individual Listings: You agree to post items as an individual and not on behalf of a business. Businesses and suppliers must use the store function instead of the individual advertisement listing function.
  • Correct Categorization: You agree to list items within the correct or most appropriate category.
  • Accurate and Truthful Information: You agree not to state any false or misleading information, including personal information or item advertisement details.
  • Prohibition of Harmful Communication: You agree not to distribute or send any communication that constitutes spam, harassment, pyramid schemes, or any other communication that would amount to a criminal offence.
  • Protection Against Malicious Content: You agree not to distribute viruses, harmful software, or any other malicious content that may harm Australian Parachute Classifieds or its users.
  • Respect for Access Measures: You agree not to bypass any measure used to prevent or restrict access to our service.
  • Lawful Ownership of Items: You agree not to post any item that you do not lawfully own without the consent of the lawful owner.
• By using our Services, you acknowledge and agree to adhere to these terms and conditions in addition to all other Terms in this document.

8. Reporting and detecting  breaches 

• Our Service aims to provide a friendly and respectful platform for users to advertise their items. We encourage users to report any breaches of our Terms or policies to admin@australianpc.com.au.
• In the event that we detect or become aware of a breach, we reserve the right to take appropriate discretionary action as we deem necessary, sometimes without notice. Such actions may include issuing a warning, restricting access, or immediately terminating your access to our Services (whether paid or not) without prior warning or explanation. If necessary, we may report the breach to local authorities.
• While we may take steps to address breaches of the Terms or Policies, we do not accept liability for monitoring the Services or for any unlawful or unauthorised content, use, or actions by our users on our Service. Additionally, you acknowledge and accept that Australian Parachute Classifieds is not liable and has no obligation to monitor any data or content submitted to or available on our Services.
• By using our Services, you agree to comply with our Terms and Policies and understand that failure to do so may result in appropriate actions being taken by us, as outlined above.

9. Liability

• Use of the Website, Purchase Services and any other Services is at your own risk. Everything on the Website, the Purchase Services and Services of Australian Parachute Classifieds are provided to you ‘as is’ basis without warranty or condition of any kind. 
• Australian Parachute Classifieds, its affiliates, employees, agents, contributors, and third-party content providers shall not be held liable for any direct, indirect, incidental, special, consequential, or exemplary damages that may be incurred by you, regardless of the cause or under any theory of liability.
• Except to the extent that liability cannot be excluded under applicable laws, Australian Parachute Classifieds will not be liable to you for claims arising out of or in connection with your access and use of the Australian Parachute Classifieds Services howsoever arising, including in contract, tort (including negligence), indemnity, strict liability, breach of warranty, or statute.
• This disclaimer of liability includes, but is not limited to, damages arising from:
  • Use or inability to use the Services provided by Australian Parachute Classifieds.
  • Reliance on any information or content available on the platform.
  • Unauthorised access to or alteration of your data.
  • Statements or conduct of any third party on the platform.
  • Any other matter relating to the Services provided by Australian Parachute Classifieds.
• Disclaimer of Liability Extends to the Following Aspects:
  • Items Advertised by Other Users: Australian Parachute Classifieds does not assume liability for the items advertised for sale by other users on the platform. The quality, condition, legality, and accuracy of the items are the sole responsibility of the sellers. Any issues or disputes regarding the items should be resolved directly between the buyer and seller.
  • Damages, Injury, or Death: Australian Parachute Classifieds shall not be held liable for any damages, injury, or death caused by the use or misuse of the items purchased through the platform. Users are responsible for ensuring the proper and safe use of any items they acquire.
  • Fraudulent Activity or Posting by Other Users:Australian Parachute Classifieds disclaims liability for any fraudulent activity or posting by other users on the platform. While efforts are made to monitor and moderate the content, it is not possible to guarantee the accuracy, authenticity, or integrity of all user-generated content.
  • Financial Loss, Theft, or Other Criminal Offences: Australian Parachute Classifieds shall not be held liable for any financial loss, theft, or other criminal offences that occur at any time, including but not limited to transactions between users, unauthorised access to personal information, or any other criminal activity.
• By making your personal information visible to the public (“public information”) on the website, you accept that Australian Parachute Classifieds is not liable for the unauthorised use or dissemination of the information you have displayed on the website.
• You understand and acknowledge that this disclaimer of liability extends to the fullest extent permitted by law.
• It is important to note that this disclaimer does not exclude or limit liability for any matter that may not be excluded or limited under applicable law.
• By continuing to use the Services, you acknowledge that you have read and understood this disclaimer of liability and agree to release and hold harmless Australian Parachute Classifieds, its affiliates, employees, agents, contributors, and third-party content providers from any claims or damages arising from your use of the services.
• If you do not agree with this disclaimer of liability, you must cease using the Services provided by Australian Parachute Classifieds immediately.

10. International Marketplace 

• By listing your item(s) on our Service, you acknowledge and agree that your advertisement may be displayed on other third-party platforms and websites, as well as shared by users on other third-party Services. This includes the possibility of your advertisement, including the images and information you have provided, being listed on additional websites. Your act of listing your item(s) serves as your explicit consent for the sharing and dissemination of your information and advertisement through these channels. It is important to understand that we cannot assume responsibility for the specific locations or platforms where your information may be displayed beyond our Services. Furthermore, we want to assure you that we have taken reasonable steps to safeguard your privacy, ensuring that your contact information is only visible to registered users of our platform.

11. Our services and fees

• Certain features or Services provided through our platform may incur a fee, while other functions are offered free of charge. If you opt for a paid service, you will be informed of the associated costs and provided with a breakdown of the included features before making a payment. All fees are clearly displayed in Australian dollars and include GST (Goods and Services Tax).
• By proceeding with a payment, you acknowledge that our fees are non-refundable once the relevant feature or service has been provided. It is your sole responsibility to ensure that all fees are settled before or on the due date. Failure to do so may result in limitations or cancellation of your access to our services. Please note that fees will not be refunded in the event of a change of mind or if your items are sold during the subscribed listing period.
• If your access to our Services is suspended or terminated due to your actions, or as a consequence of behaviour that violates our Terms or policies, the most recent fee payment made will not be refunded. In the case of subscribers to Services with future/recurring fees, any upcoming scheduled payment will be cancelled, and the last payment made will not be refunded.

12. Third-party Services 

• By utilising our Services, you have the option to create accounts, log in, or make payments through third-party Services, such as Google, Amazon, or Facebook. When using these Services, information from your chosen third-party Service may be shared with us and will be handled in accordance with our Privacy Policy. You agree to comply with the Terms and Policies of the third-party Services you use in conjunction with our Services. By using one or more of these third-party Services, you confirm that you have read, understood, and agreed to be bound by their respective Terms, conditions, and other relevant legal requirements.
• In certain cases where necessary, a third-party Service may share your information with Australian Parachute Classifieds. If this occurs, we will handle your information in accordance with our Privacy Policy.
• Our Service utilises the ‘Classifieds Listing’ plugin, which enables the website to offer advertising capabilities. Classified Listings provides the ability to offer paid Services and features on the website. For payment processing, we use third-party services, namely Authorize.Net and PayPal also known as Payment Providers.
• Authorize.Net is a secure payment gateway Service that allows businesses to securely accept online payments. It acts as an intermediary between the merchant, the customer, and the financial institutions involved in the transaction, ensuring the secure transfer of payment information. Authorize.Net offers features like fraud detection, recurring billing, customer information management, and integration with various e-commerce platforms. To learn more about their Services, Terms, and Privacy Policy, please visit www.authorize.net.
• PayPal is a widely recognized online payment system that enables individuals and businesses to make and receive payments electronically. It provides a secure platform for conducting online transactions, offering a convenient and widely accepted method of online payment. To learn more about their Services, Terms, and Privacy Policy, please visit www.paypal.com.
• When you select a payment method through a Payment Provider, you acknowledge that you have read, understood, and agreed to be bound by the Terms, conditions, and other relevant legal requirements of that particular service.
• By using these payment Services, you provide your payment information directly to the respective payment service (Authorize.Net or PayPal), and Australian Parachute Classifieds may receive information about the transaction. Any information obtained by the third-party Service will be handled in accordance with our Privacy Policy.

13. Intellectual Property and Copyright Agreement

• By using the Services provided by australianpc.com.au (referred to as “the Service”), you acknowledge and agree to the following terms regarding intellectual property and copyright:
• Ownership of Intellectual Property: All intellectual property contained on the website, including but not limited to text, graphics, logos, images, software, and design elements, is the exclusive property of Australian Parachute Classifieds and is protected by copyright laws and other intellectual property rights.
• Copyright Protection: The content and materials available on the Service are subject to copyright protection. This includes original works of authorship, such as text descriptions, photographs, videos, and any other content created and displayed on australianpc.com.au. Copyright protection applies whether or not a copyright symbol or notice is displayed.
• Restrictions on Use: You agree that you will not reproduce, distribute, modify, create derivative works from, display, or perform any copyrighted material from the Service without prior written consent from Australian Parachute Classifieds. This includes copying or downloading content for commercial purposes or for use on other websites or platforms.
• User-Submitted Images: If you submit images or other content to Australian Parachute Classifieds through third-party platforms, such as Instagram, Facebook, GoPro, or any other platform, you hereby grant Australian Parachute Classifieds a non-exclusive, royalty-free, worldwide licence to use, reproduce, modify, adapt, publish, translate, and distribute the content for the purposes of promoting and operating the Service. This licence extends to posting the images on australianpc.com.au and associated pages.
• Compliance with Copyright Laws: You agree to comply with all applicable copyright laws and respect the intellectual property rights of others while using the Service. You will not upload, post, or share any content that infringes upon the copyrights or intellectual property rights of any third party.
• Reporting Copyright Infringements: If you believe that any content on the Service infringes upon your copyright or intellectual property rights, please notify us promptly by contacting admin@australianpc.com.au. We will take appropriate actions to address and resolve any verified copyright infringement.
• By using the Service, you acknowledge that all intellectual property contained on the website is subject to copyright laws and is the property of Australian Parachute Classifieds. You also agree to the terms regarding user-submitted images and grant Australian Parachute Classifieds the necessary rights to use and display such content. Failure to comply with these terms may result in legal consequences and the termination of your access to the Service.

14. Termination of Services Agreement

• Continuation and Termination of Terms:
  • The Terms and Conditions outlined herein shall continue to apply and remain enforceable until either party terminates the agreement.
  • The user may terminate the Terms and Conditions by either closing all accounts with Australian Parachute Classifieds or by sending a termination request via email to admin@australianpc.com.au.
• Discontinuation or Cancellation by Australian Parachute Classifieds:
  • Australian Parachute Classifieds reserves the right to discontinue or cancel a user’s account, membership, or subscription without notice or refund in the event of:
    • User’s contravention of any applicable law related to the Service or the user.
    • User’s contravention of any term or condition specified in the Terms and Conditions.
    • Any other circumstances deemed necessary by Australian Parachute Classifieds in its sole discretion.

15. Indemnity Agreement

• By using the Services provided by Australian Parachute Classifieds and australianpc.com.au, you agree to indemnify and hold harmless Australian Parachute Classifieds, its affiliates, employees, agents, contributors, third-party content providers, and licensors from and against:
• All actions, suits, claims, demands, liabilities, costs, expenses, loss, and damages (including legal fees on a full indemnity basis) incurred, suffered, or arising out of or in connection with any content you post through the website.
• Any direct or indirect consequences of your access, use, or attempted use of the website, including but not limited to transactions, and any breach of these Terms and Conditions by you or your agents.
• Any breach of the Terms and Conditions outlined in the agreement.

16. Governing Law and Severability

• The Terms are subject to the laws of New South Wales, Australia. If any provision of these Terms is determined to be invalid or unenforceable by a Court of competent jurisdiction, that provision shall be deemed severed from the Terms, and the remaining provisions shall continue to be valid and enforceable.

Any questions regarding our Terms of Service should be directed to admin@australiapc.com.au