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29 Jul. 2010
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**** GUNS ****
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Categories [
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**** GUNS ****
Ammunition
Archery
Blades
Books, CDs & DVDs
Camping
Clayshooting
Consignment Items
Everything Else
Gun Cleaning/Lube
Gun Parts - no licence reqd
Gun Safes & Security
Gunsmithing Bits
Militaria
Reloading
Safety Equipment
Scopes, Sights, Mounts
Shooting Accessories
Shooting Clothing
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Terms and Conditions
Please find our Terms and Conditions below. Eligibility Our services are available only to, and may only be used by, persons who have a lawful firearms licence and can enter into legally binding contracts under applicable law. Without limiting the foregoing, our services are not available to persons: (a) under 18 years of age; or (b) who do not hold a lawful firearms licence. Fees and Services When you list an item you have access to the fees that you will be charged for the use of our services and you will be legally bound to pay such fees or charges. We may change our Fees and Credits Policy and the fees for our services from time to time. Unless otherwise stated, all fees are quoted in Australian Dollars. You are responsible for paying all fees associated with using our service and our Site and all applicable taxes (including any goods and services). Gun Auction Australia is not an Auctioneer Although we are referred to as an online auction web site, it is important to realise that we are not a traditional "auctioneer". Instead, our Site merely acts as an online venue to allow members to communicate and offer, sell, and buy firearms and firearms related items in a variety of formats, including an auction-style format commonly referred to as an "online auction". As a result, Gun Auction Australia has 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. Gun Auction Australia cannot ensure and does not guarantee that a buyer or seller will actually complete a transaction or act lawfully in using our Site. Information Control We will send you correspondence and notices in respect to your transactions and your account. Our correspondence and notices do not represent any endorsement, guarantee, warranty, or legitimisation of your transactions. You are responsible for the completion of all your transactions (including but not limited to monitoring the status and complying with all relevant legal obligations). We do not control, endorse, warrant, guarantee or approve the items, information or content provided by other users which is made available through our Site. Other User’s information may be offensive, harmful, inaccurate, or deceptive. Please use caution, common sense, and practice safe trading when using our Site. Listing and Selling You must be legally able to sell any item you list for sale on our Site. You must describe your item fully and accurately and include 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, including any information that you are required to provide by any applicable law. The listing and the content of the listing must be your own work or work that you are legally entitled to use. All listed items must be listed in an appropriate category. All Dutch auction items must be identical. If you are a seller and 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: (a) the buyer fails to meet the terms of your listing (such as payment method); or (b) you cannot authenticate the buyer's identity. Neither you, nor any other bidders or sellers, may manipulate the price of any item by, for example, conducting, encouraging or permitting certain activities (for example, shill bidding). You also must not, in any way, interfere with the listings of other members. Without limiting any other remedies available to Gun Auction Australia at law, in equity or under this Agreement, Gun Auction Australia may, in its sole discretion, suspend or terminate your membership if we reasonably suspect or believe, or are informed by a government authority, that you (by conviction, settlement, insurance or escrow investigation, or otherwise in our sole discretion) have engaged or may engage in fraudulent activity using, or otherwise in connection with your use of our Site, and you will have no claim whatsoever against Gun Auction Australia in respect of any such suspension or termination of your membership. Your Information "Your Information" means any information you provide to us. You are solely responsible for Your Information, and we act as a passive conduit for your online distribution and publication of Your Information. Solely to enable Gun Auction Australia to use the information you supply us with, so that we are not violating any rights you might have in that information (including any intellectual property rights), you agree to grant us a non-exclusive, worldwide, perpetual, irrevocable, royalty-free, sublicensable (through multiple tiers) right to do and authorise the doing of all acts comprised in the copyright and to exercise the publicity, and database rights (but no other rights) you have in Your Information, in any media now known or not currently known, with respect to Your Information. Gun Auction Australia will only use Your Information in accordance with our Privacy Policy. No Warranty We provide our web site and services on an "as is" basis and without any warranty, guarantee, representation or condition, express or implied or by statute and to the extent permitted by law, we disclaim any implied warranties of title, merchantability, fitness for a particular purpose and non-infringement. Furthermore we do not guarantee continuous, uninterrupted or secure access to our Site. We advise that numerous factors outside our control may interfere with your access to our Site. Liability Limit Gun Auction Australia is not involved in the actual transaction between buyers and sellers and to the extent permitted by law Gun Auction Australia specifically disclaims all liability for any loss or damage, (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 your transaction. You agree to accept sole responsibility for the legality of your actions under the laws which apply to you. You agree that Gun Auction Australia and related entities have no responsibility for the legality of our account holders’ actions or User’s actions. To the extent permitted by law, the liability of Gun Auction Australia and related entities, to you or any third parties in any circumstance whatsoever and howsoever arising is limited to the greater of: (a) the amount of fees you pay to us in the 12 months prior to the action giving rise to liability; and (b) AUD$100. Indemnity You agree to indemnify and hold Gun Auction Australia and related entities including but not limited to our subsidiaries, affiliates, officers, directors, agents, servants and employees, harmless from and against any claims, demands, proceedings, suit, losses and damages (actual, special and consequential) of every kind and nature, known and unknown, including reasonable solicitors' fees, made by any third party due to or arising out of your breach of this Agreement, or your violation of any law or the rights of a third party. Jurisdiction Gun Auction Australia is based in the State of Western Australia, Australia and you acknowledge that any advertisements placed by You through Gun Auction Australia will be published in that State but will be available to be read by persons throughout the world. Legal Compliance You must comply with all applicable State, Territory and Commonwealth laws (including common law) and international laws, statutes, ordinances and regulations regarding your use of our service and your listing, purchase, offers to purchase or sell, and sale of items, as they apply in any place concerning your listing and sale, including Western Australia (where the advertisement is published), the place from where you are offering your items for sale and the place to which your items may be sold. Notwithstanding the successful conclusion of a transaction, you must ensure strict compliance with any particular formalities which, if not complied with, will either render a transaction void, voidable, unlawful or illegal. Gun Auction Australia is not responsible for confirming that your activities are lawful. You must ensure that you comply with all applicable laws. You must also ensure that you comply with all clauses of this User Agreement. No Agency You and Gun Auction Australia are independent contractors, and no agency, partnership, joint venture, employee-employer or franchiser-franchisee relationship is intended or created by this Agreement. Miscellaneous This Agreement shall be governed in all respects by the laws of the Western Australia, Australia. All users of this Site irrevocably submit to the non-exclusive jurisdiction of the courts of Western Australia, Australia. The provisions of this agreement shall as far as possible be construed as severable provisions to the extent that where any such provision would be invalid or unenforceable, then the remaining provisions of this Agreement shall nevertheless be valid and enforceable. Our failure to act with respect to a breach by you or others does not waive our right to act with respect to subsequent or similar breaches. Definitions “Gun Auction Australia” refers to gunauction.com.au and gunauction.net.au website, operated by The Kings Armoury (FDL 9993933).
Check this checkbox if you agree to the terms and conditions above.
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