Rules

TERMS AND CONDITIONS FOR HIRING OF ADVERTISING SPACE

 

1. Definitions and Interpretations

 

1.1 Definitions

 

Business day: any day except a public holiday throughout Victoria or a Saturday or Sunday.

 

Buyer: person(s) who enters UUG website to transact directly with the Seller regarding the purchase of a firearm.

 

Confidential information: personal details supplied by the Seller to UUG which is not public knowledge and not contained in the Seller’s advertisement placed on UUG website.

 

Firearm: a firearm which is registered in accordance with the laws of Australia, the State(s) and Territories.

 

GST: A New Tax System (Goods and Services Tax) Act 1999 (Clth) (as amended).

 

Intellectual property: copyright, trade marks, designs, business names and domain names, business and company logos and patents.

 

Law: any Act, by-law, instrument, ordinance, regulation or rule including any consolidations, amendments, re-enactments or replacements of any of them.

 

Advertisement period: 3 months.

 

Seller: person(s) placing advertisement(s) on website owned and operated by UUG and who have authorization under the laws of Australia, the State(s) and Territories to sell such firearms.

 

UUG: Universalusedguns and being the advertising space provider.

 

1.2 Interpretations 

 

1.2.1 This Contract is to be interpreted according to the following:

 

1.2.2 References to law include all Legislations or Orders made by a Responsible Authority and include any consolidations, amendments, re-enactments  or replacement of any of them.

 

1.2.3 This Contract is to be governed by the laws of the State of Victoria.  Any proceeding under or in connection with it must be taken in the appropriate Court in that State.

 

1.2.4 The Parties irrevocably and unconditionally submit to exclusive jurisdiction of the Courts of the State of Victoria.

 

1.2.5 This Contract must be interpreted so that it complies with all the Legislation applicable in Victoria.  If any provision of this Contract does not comply with all relevant Legislation, the provision must be read so as to give effect as possible.  If it is not possible to give the provision effect at all, it must be severed from the rest of the Contract.

 

1.2.6 The use of a gender includes other genders and the singular includes plural and vice versa.

 

1.2.7 The Rule of construction does not apply to the disadvantage of a Party because the Party was responsible for the preparation of this Contract or any part of it.

 

1.2.8 If any of the Parties is an individual, this Contract binds that Party’s legal representative.  If any of the Parties is a corporation, this Contract binds its transferees and successors in title.

 

1.2.9 Where this contract requires a Party to do or refrain from doing something, that Party is required to ensure that its agents do or refrain from doing the thing, as the case may be.

 

2. Registration

 

2.1 In order to place an advertisement on the UUG website, the Seller must be registered with UUG. 

 

2.2 Sellers seeking registration must: 

• (a) be 18 years of age and over; and 
• (b) possess a current  and valid Australian firearms licence;and 
• (c) pay the prescribed fee to UUG as per the terms of this Agreement; and
• (d)supply the following information, or any other information required by UUG, to info@universalusedguns.com.au 
• (i)  username
• (ii) legal name
• (iii) postal business address 
• (iv) telephone number
• (v) private and or business email address
• (vi) credit card particulars 
• (vii) firearms licence number

 

2.3  Registration of Seller is at the absolute discretion of UUG. 

 

 

2.4 Subject to any condition in this contract, all information supplied by the seller to UUG not in the public domain is strictly confidential and cannot be:

• (a) disclosed to a third party by UUG or 
• (b) published by UUG unless compelled by law 

 

3. Qualifications of Purchasers

 

3.1 Persons seeking to purchase an item(s) advertised with UUG must be:

• (a) 18 years of age and over; and 
• (b) must possess a current and valid Australian firearms licence.

 

4. Format, content  and publication of Advertisements

 

4.1 All advertisements submitted for publication must be approved by UUG and must comply with UUG website format.

 

4.2 UUG has absolute:

• (a) discretion as to whether to approve and publish the Seller’s advertisement; and 
• (b) editorial control over the publication of your advertisement, including but not limited to the format, position and placement of the Seller’s advertisement.

 

4.3 All advertisements must comply with all relevant laws at all times.

 

4.4 An advertisement must not:

• (a) breach the intellectual property rights of any person(s);and
• (b) contain any offensive, defamatory, obscene, illegal, discriminatory content;and
• (c) contain any false, misleading and/or deceptive material or misleading representations;and
• (d)when read as a whole, give any false impressions, be misleading and/or deceptive or result in misleading and deceptive representations being made;and
• (e) include references or links to other websites or HTML enhancement text.

 

4.5 UUG at its absolute discretion may publish the Seller’s advertisement on such other advertising websites, search engines, applications, print and media.

 

4.6 UUG is not liable for any errors, omissions contained in the advertisement and will only vet advertisements solely for the purpose they do not contain offensive material and comply with the website’s format.

 

4.7 Advertisements will only be published after full payment of the fees set out in clause 7.1 of this Agreement is made by the Seller to UUG.

 

4.8 Subject to any other condition in this contract the running period of  the advertisement is 3 months.

 

5. Withdrawal and termination of published advertisements

 

5.1 Upon the sale of an advertised item the Sellers advertisement will be automatically removed.  If the sale is effected before the end of the running period of the Sellers advertisement the Seller is not entitled to any refund or credit. 

 

5.2 UUG in its absolute discretion and further notice will not publish and will withdraw and terminate a publication of advertisement if:

(a) UUG determines in its absolute discretion that the Seller is not the holder of a valid and current firearms licence or is otherwise not entitled to place an advertisement and/or 

(b) the Seller breaches any other provision(s) of this agreement .

 

5.3 Clause 5.1 does not limit any other rights UUG has under this Agreement.

 

6. Third party republication of advertisements

 

6.1 If an advertisement of the Seller is published on the website of UUG and is republished in print or other media by a third party, UUG is not responsible for the terms and conditions relating to the republication, any service provided by the third party or resolving any dispute between the third party and the Seller.

 

7. Fees 

 

7.1 The amount payable by the Seller to UUG under this Contract is $20 per advertisement per running period unless otherwise agreed by the Seller and UUG.

 

7.2 The Fees are to be paid by direct banking into an account, details of which will be provided by UUG to the Seller.

 

8. Payment

 

8.1 Full payment of fees as per clause 7.1 of this Contract must be made by the Seller to UUG upon acceptance of an advertisement but prior to publication.

 

9. Cancellation and withdrawal of advertisements 

 

9.1 If an advertisement is cancelled and/or withdrawn by UUG in breach of this Contract , the Seller remedy is restricted to the re-publication of the Seller’s advertisement for the remainder of the period that was initially agreed that the advertisement would be published.

 

9.2 If the advertisement is cancelled or withdrawn by UUG upon the Seller’s breach of this Contract the Seller must pay the full amount of the contract price and is not entitled to refund or credit.

 

10. Obligation(s), restriction(s) and prohibition(s)

 

10.1 Seller

 

10.1.1 An advertisement(s) must comply with the prescribed format and advertising policy of UUG.

 

10.1.2 The content of an advertisement(s) must be accurate and honest and comply with all relevant laws at all times.

 

10.1.3 If any material used in the Seller’s advertisement is the intellectual property of a third party, authorization from that party must be obtained by the Seller and submitted to UUG prior to publication of the advertisement.

 

10.1.4 The ID and password allocated to the Seller by UUG is to be solely used by the Seller and not released to any other party.  If the Seller is a company then it may release and allow use of such information by an authorized person. Person(s) with such authorization must be registered with the UUG before any advertisement can be placed.

 

10.1.5 The Seller is responsible for all transactions entered into under the Seller’s user ID and password.

 

10.1.6 Upon the sale or withdrawal of an item  the Seller must immediately edit their advertisement to show the item has SOLD or has been withdrawn. 

 

10.1.7 The item advertised must be located in Australia

 

10.1.8 At the time of placing the advertisement on the UUG’s website the item(s) advertised for sale must be legally owned by the Seller.

 

10.2 UUG

 

10.2.1 UUG must:

• (a) comply with all relevant laws at all times; and
• (b) place and keep the advertisement on the website for the period as agreed  between the parties;and
• (c) ensure that the website is operative at all times unless outside its control and take all practical steps to rectify the problem as soon as practicably possible:and
• (d) take all necessary steps to protect the Seller’s confidential information.

 

10.2.2 UUG must not do anything that hinders the Seller’s ability to sell the advertised good if the Seller has complied with the terms of this Agreement.

 

11. Information  Privacy

 

11.1 Use of information

 

11.1.2 UUG is permitted to use the information supplied by the Seller through the registration process and posted in Seller’s user content for the following:

• (a) compliance with UUG’s legal obligations;and 
• (b) operation and maintenance of advertising website;and
• (c) provide the Seller with the features and functionality of the Service; and
• (d) forwarding of promotional material to  the Seller unless expressly refused by the Seller;      and
• (e) the Seller’s contact telephone number will be noted on every advertisement placed.  For other contact information to be noted in the advertisement, a request is to be made to UUG who will not unreasonably withhold such publication.

 

11.1.3 Any request for alteration or removal of any information shall be directed to info@universalusedguns.com.au.  Unless contrary to law, such  information shall be removed from any advertisement placed by the Seller in accordance with instructions given.

 

11.2 Information storage

 

11.2.1 Information supplied by the Seller will be encrypted using a secure socket layer system. 

 

11.2.2 Credit card details will be used for payment of accounts and not permanently stored.

 

12. Disclaimer clause

 

12.1 The following disclaimer clause will appear on the UUG’s website:

 

“Attention Purchasers

 

Universalusedguns is a business which provides web space for members of the public with legal authorisation to advertise and sell legally registered  firearms to legally authorised  purchasers.

 

The legal relationship between Universalusedguns and the advertisers of this website is one of seller of advertising space and buyer of advertising space.  There is no other legal relationship.

 

Universalusedguns has no legal relationship with you the Purchaser. The relationship between you and the seller of firearms is strictly between yourselves.

 

Universalusedguns makes no warranties as to, and does not vet, authorize or endorse, the accuracy, currency, suitability or completeness of any information contained in the advertisements or any communication between the seller of the firearms and you the Purchaser.

 

Advertisements on this website are produced solely by the firearms sellers and/or its agents (which Universalusedguns is not).  Any statements, whatsoever their nature, made by the firearms seller are those of the firearms seller and not those of Universalusedguns.

 

Universalusedguns provides list of terms which can be used by the firearms’ seller to describe the condition of firearms sold.  This list is only a suggested guide for sellers of firearms.  It is the responsibility of the firearms seller to determine whether the guide can be used to accurately reflect the condition of the firearm sold.   Universalusedguns does not view or check the items sold on its website and it is the responsibility of the purchaser to make enquiries directly from the firearms seller.

 

Purchasers should make appropriate enquiries and receive independent advice prior to finalising their purchase.  

 

If you purchase firearms  advertised on this website you agree that you forgo any legal action(s), if any, you have against Universalusedguns and will indemnify Universalusedguns  against any claims made against it from any third party arising from a sale transaction on this website.”

 

13. Breach and termination

 

13.1.  Breach  and Termination of this agreement

 

13.1.2 Subject to condition 15 of this Contract if UUG terminates an advertisement of the Seller in breach of this Contract , the Seller’s remedies are limited to republication of the advertisement on the UUG website .  It is to be re published as soon a practicable and for period being the remainder of the period that was initially agreed that the advertisement would be published.

 

13.1.3 Clause 13.1.2 does not apply where the deletion of the advertisement or the closure of the advertising website, whether temporary or permanent, is outside the control of UUG.

 

13.1.4 Where the Seller breaches any provision of this Contract UUG can exercise any or all of the following rights:

 

• (a) immediately withdraw the Seller’s advertisement(s) from UUG’s website and /or
• (b) retain monies paid by the Seller under this Contract and/or
• (c) collect monies payable under this Contract and/or
• (d) bar the Seller from advertising on UUG’S website for whatever period UUG, at its absolute discretion, deems fit and/or
• (e) claim damages for any loss sustained and/or
• (f) terminate this Contract.

 

13.2. Notice of Breach and Termination

 

13.2.1 The party alleging a breach of this Contract and seeking termination of this Contract will serve a written notice to the other party setting out the breaches and that Agreement has been terminated as effective as from that date.

 

13.2.2 The written Notice can be faxed, emailed or posted to the last known  postal address of Parties.

 

13.2.3 Posted Notices will be taken to have been received seventy (72) hours after posting.

 

13.2.4 Notices delivered or sent by facsimile after 5.00pm will be taken to have been received at 9.00am on the next Business day at the place they have been delivered or sent.

 

13.2.5 Notice by email are taken to have been received 5 minutes after being sent.

 

14. Indemnity

 

14.1 The Seller will indemnify UUG against any and all actions, claims, proceedings and demands (including fees, costs and expenses of defending or settling any actions, claims proceedings and demands) whatsoever which may be instituted against UUG by a third party arising out of:

• (a) a breach of this Contract by the Seller;    or
• (b) any willful, unlawful or negligent act or omission by the Seller;   or
• (c) the publication of advertisement by Seller or any other person on the Seller’s behalf;    or
• (d) the sale or offering for sale of any item published on the UUG website by the Seller.

 

14.2 Condition 14.1 of this Contract applies to UUG and UUG’s officers, employees, contractors and agents, whether individually or collectively.

 

14.3 If UUG’s reputation is adversely affected as a consequence of actions, claims, proceedings being issued against UUG under conditions 14.1 and UUG  suffers loss of profits, revenue, business, goodwill and/or increased financing costs the Seller is to compensate UUG fully for such loss or increased costs.

 

 

15. Limitation of liability.

 

15.1  UUG will not be liable for any claims, actions, demands or proceedings for any direct and consequential loss which includes but is not limited to the following:-

 

• (a) profits, revenue, business, data, use, production, contract, anticipated savings, goodwill of the business                         and
• (b) delays, increased financing costs, increased operating costs which arise out of or in connection with this Contract or publication of the Seller’s advertisement whether the claim, action, proceedings or demands arise from
• (i) Contract and/or
• (ii) tort ( including negligence) and/or
• (iii) breach of warranty or guarantee and/or
• (iv) strict liability and/or
• (v) vicarious liability and/or
• (vi) indemnity and/or 
• (vii) breach of statute

 

15.2 Clause 15.1 does not apply to:-

 

• (a) breaches of implied terms and conditions (including statutory warranties and guarantees) which cannot be excluded at law; and
• (b) deliberate or fraudulent  breach(es) of this Contract by UUG.

 

15.3 Insofar as breaches by UUG arise from breaches of implied terms  and conditions which cannot be excluded at law, where the breach relates to goods and services not of a kind ordinarily acquired for personal, domestic or household use or consumption and where it is fair and reasonable to do so UUG’s liability is limited to re-supplying the relevant services as per clause 9.1.

 

15.4 Clauses 15.1 and 15.2 of this Contract apply to UUG and UUG’s officers, employees, contractors and agents, whether individually or collectively.

 

16. Alteration and modifications to this agreement

 

16.1 UUG may in its absolute discretion modify or amend this Contract and such modification will be binding upon the Seller and purchasers once this is displayed on this website. 

 

17. Enforcibility of this contract

 

There is an enforceable contract upon UUG accepting to publish the Seller’s advertisement on its website and full payment is made by the Seller.