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Terms & Conditions
This Agreement lists the Terms & Conditions applicable to your use of our services at http://www.twizla.com.au

  1. Eligibility for Membership.
    Our services are available only to individuals who can form legally binding contracts under applicable law. Without limiting the foregoing, our services are not available to minors. If you are not 18 or over, you are not entitled to use our services. We may refuse our services to anyone at any time, in our sole discretion. Further, the Services are not available to parties whose use of the Services has been suspended or terminated.

  2. No Agency
    You and twizla.com.au are independent contractors, and no agency, partnership, joint venture, employee-employer or franchiser-franchisee relationship is intended or created by this Agreement.

  3. Equipment.
    Twizla.com.au members shall be responsible for obtaining and maintaining all necessary telephone, computer hardware and other equipment needed for access to and use of Twizla.com.au and all charges related thereto.

  4. Modifications to Terms and Conditions.
    We may change the terms and conditions of this User Agreement from time to time by posting the amended terms and conditions on Twizla.com.au. The amended terms and conditions shall automatically become effective thirty (30) days after they are initially posted. Your continued access and use of Twizla.com.au constitutes:

    1. your acknowledgment of the terms and conditions (and any modifications) of this User Agreement; and
    2. your agreement to abide and be bound by the terms and conditions (and any modifications) of this User Agreement. If you do not agree with such changes, you must terminate your membership.

  5. Termination by You.
    Should you object to any of the terms or conditions of this User Agreement or should you object to any subsequent modifications hereto, or become dissatisfied with Twizla.com.au in any way, your only recourse and sole remedy is to immediately:

    1. discontinue use of Twizla.com.au;
    2. terminate your membership; and
    3. notify Twizla.com.au of termination.

  6. Description of Service.
    This Auction Site is a venue for sellers to list items for sale and buyers to bid on such items. We are not involved in the actual transaction between sellers and buyers. We have no control over the truth and accuracy of the quality, description, safety or legality of the items for sale. We have no control over whether the sellers have the ability to sell the items or the ability of the buyers to buy the items. We cannot ensure that a seller and buyer will consummate a transaction.

    We are providing you with an auction service to buy and sell products on Twizla.com.au. In consideration of this service, you agree to:

    1. provide certain current, complete, and accurate information about yourself as prompted to do so and
    2. maintain and update this information as required to keep it current, complete and accurate. All information requested when you initially sign up shall be referred to as user registration ('User Registration').


  7. Registration.
    You agree to provide true and accurate information about yourself in the registration form. It is a violation of law to make bids in a false name or with an invalid credit card, even if our software initially accepts such a bid.

  8. Bidding.
    If you are the highest bidder at the end of an auction and your bid is accepted by the seller, you are obligated to complete the transaction with the seller, unless the transaction is prohibited by law or by this Agreement. If you have any questions about the item, have them answered by the seller prior to making your bid. Please read the listing carefully or email the seller if you have any questions. All bids are made in increments-and-are subject to a minimum bid, as posted for each item.

  9. Listing and Selling.
    Listings may only include text descriptions, graphics and pictures you supply to our site (or that you link to from our site) that describe your item for sale. All listed items must be listed in an appropriate category. All Dutch auction items must be identical - the size, color, make, and model all must be the same for each item. At any one time you may not promote identical items in more than ten (10) listings on Twizla.com.au.

    Placing an item for auction is an irrevocable offer to Sell an item to the highest bidder. Please consider carefully whether you want to place an item for auction. Your opening bid must be the minimum bid that you would accept. When listing items, ensure that the items listed for auction do not infringe upon the Copyright, Trademark or other Rights of those Third parties.
    The sale of your item(s) on Twizla.com.au:

    1. shall not be fraudulent or involve the sale of counterfeit or stolen items;
    2. shall not infringe any third party's copyright, patent, trademark, trade secret or other proprietary rights or rights of publicity or privacy;
    3. shall not violate any law, statute, ordinance or regulation (including without limitation those governing export control, consumer protection, unfair competition, anti-discrimination or false advertising);
    4. shall not be defamatory, trade libelous, unlawfully threatening or unlawfully harassing;
    5. shall not be obscene or contain pornography or be otherwise harmful to minors;
    6. shall not be directly offensive to that which is dear to people such as their religion or race.
    7. shall not contain any viruses, Trojan horses, worms, time bombs, cancelbots or other computer programming routines that are intended to damage, detrimentally interfere with, surreptitiously intercept or expropriate any system, data or personal information;
    8. shall not create liability for us or cause us to lose, in whole or in part, the services of our ISP's or other suppliers; and
    9. shall not link directly to or include descriptions of goods or services that:

      1. are identical to other items you have up for auction but are priced lower than your auction item's reserve or minimum bid amount;
      2. are listed on a web site that you do not have a right to link to or include;
      3. that directly link to another website offering goods of a similar nature;
      4. shall not contain advertising banners, graphics or material for any other website or business
      5. that state an additional quantity of the same of similar product is available through private sale.

    Furthermore, you may not post on our site or sell through our site any:

    1. item that violates any applicable law, statute, ordinance or regulation, or
    2. human beings or body parts (relics, skulls, human remains or other parts, advertisements, alcohol, animals and illegal wildlife products, artifacts, bulk email lists, contracts, counterfeit currency and stamps, counterfeit items, credit cards, dangerous and/or hazardous materials, drugs & drug paraphernalia, embargoed goods, pornographic material, firearms, food, freon, government ids and licenses, lottery tickets, obscene items, offensive material, prescription drugs/materials, stocks and other securities, stolen property, soiled undergarments, switchblades, tobacco, used medical devices, and weapons.

    Binding Bids.
    If you 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 auction's completion, unless there is an exceptional circumstance, such as:
    1. the buyer fails to meet the terms of your listing (such as payment method), or
    2. you cannot authenticate the buyer's identity.

    Fraud
    Without limiting any other remedies, Twizla.com.au may suspend or terminate your account if you are found (by conviction, settlement, insurance or escrow investigation, or otherwise) to have engaged in fraudulent activity in connection with our site.

  10. Fees and Services
    There is no cost to join or bid on items for sale on this website. However, there may be costs associated with selling or shipping goods via Twizla.com.au. In this regard, please review our Service Cost Policy, located Here, which may change from time to time. Changes to the Service Cost Policy shall become effective after notice is initially posted on this site. Before you list an item you should review the fees that may be charged for the use of our listing services as outlined in our Service Cost Policy. We may in our sole discretion change some or all of our services at any time. If we introduce a new service, the fees for that service are effective at the launch of the service. Unless otherwise stated, all fees are quoted in Canadian dollars.

  11. Your Information.
    'Your Information' is defined as any information you provide to us or other users in the registration, bidding or listing process, in any public message area (including the feedback area) or through any email feature. You are solely responsible for Your Information, and we act as a passive conduit for your online distribution and publication of Your Information. With respect to Your Information:
    Your Information (or any items listed therein):

    1. shall not be false, inaccurate or misleading;
    2. shall not be fraudulent or involve the sale of counterfeit or stolen items;
    3. shall not infringe any third party's copyright, patent, trademark, trade secret or other proprietary rights or rights of publicity or privacy;
    4. shall not violate any law, statute, ordinance or regulation (including without limitation those governing export control, consumer protection, unfair competition, antidiscrimination or false advertising);
    5. shall not be defamatory, trade libelous, unlawfully threatening or unlawfully harassing;
    6. shall not be obscene or contain pornography.
    7. shall not contain any viruses, Trojan horses, worms, time bombs, cancelbots or other computer programming routines that are intended to damage, detrimentally interfere with, surreptitiously intercept or expropriate any system, data or personal information;
    8. shall not create liability for us or cause us to lose (in whole or in part) the services of our ISPs or other suppliers; and
    9. shall not link directly or indirectly to or include descriptions of goods or services that:

      1. are prohibited under this Agreement;
      2. are identical to other items you have up for auction but are priced lower than your item's reserve or minimum bid amount;
      3. are concurrently listed for auction on a web site other than Twizla.com.au's; or
      4. you do not have a right to link to or include. Furthermore, you may not list any item on our site (or consummate any transaction that was initiated using our service) that, by paying to us the listing fee or the final value fee, could cause us to violate any applicable law, statute, ordinance or regulation.

    Solely to enable Twizla.com.au to use the information you supply us with, so that we are not violating any rights you might have in that information, you agree to grant us a non-exclusive, worldwide, perpetual, irrevocable, royalty-free, sublicensable (through multiple tiers) right to exercise the copyright and publicity rights (but no other rights) you have in Your Information, in any media now known or not currently known, with respect to Your Information. Twizla.com.au will only use Your Information in accordance with our Privacy Policy.

  12. Account, Password, and Security.*
    You are entirely responsible if you do not maintain the confidentiality of your user ID and password. Furthermore, you are entirely responsible for any and all activities that occur under your user ID and password. You agree to immediately notify Twizla.com.au of any unauthorized use of your user ID or any other breach of security that has occurred and is known to you.

  13. Breach.
    Without limiting other remedies, we may immediately issue a warning, temporarily suspend, indefinitely suspend or terminate your membership and refuse to provide our services to you:

    1. if you breach this Agreement or the documents it incorporates by reference;
    2. if we are unable to verify or authenticate any information you provide to us; or
    3. if we believe that your actions may cause legal liability for you, our users or us.


  14. Privacy
    Our current Privacy Policy is available Here. We may change our Privacy Policy from time to time so we encourage you to periodically review this page for the latest information on privacy practices at Twizla.com.au.

  15. Indemnity.
    You agree to indemnify and hold us and our subsidiaries, affiliates, officers, directors, agents, and employees, harmless from any claim or demand, including reasonable attorneys' fees, made by any third party due to or arising out of your breach of this Agreement or the documents it incorporates by reference, or your violation of any law or the rights of a third party.

  16. Legal Compliance.
    You shall comply with all applicable laws, statutes, ordinances and regulations regarding your use of our service and your bidding on, listing, purchase, solicitation of offers to purchase, and sale of items.

  17. System Abuse.
    We reserve the right to refuse service to anyone. We will exercise this right with 'problem' buyers who win auctions and do not buy the item, and 'problem' sellers who list an item and don't sell the item. Without limiting any other remedies, we may, terminate your registration (and your corresponding ability to use Twizla.com.au) if you are found (by conviction, settlement, insurance or escrow investigation, or otherwise) to have engaged in fraudulent activity in connection with Twizla.com.au.

  18. Bid Manipulation.
    Bid manipulation of any kind is expressly forbidden. A seller is prohibited from placing bids or arranging to have bids placed on behalf of seller, seller's agent or assigns. No shill bidding is allowed. Buyers are prohibited from communicating with each other with the purpose of manipulating the final purchase price of an item.

  19. Illegal Items.
    You agree that any transaction that you participate in does not and will not violate any applicable international, federal, state or local laws, rules, regulations or ordinances.

  20. Spam.
    You agree to refrain from 'spamming' (sending unsolicited commercial email to other users).

  21. No Resale or Commercial Use.
    Your right to use Twizla.com.au is personal to you. You agree not to resell or make any commercial use of Twizla.com.au, without the express written consent of the Twizla.com.au.

  22. Technical Difficulties*
    Twizla.com.au can not and does not guarantee continuous, uninterrupted use, and access of our services, due to the fact that loss of quality or operation of our site may be caused by numerous factors, and hence we can not be responsible for bids not being processed or accepted due to technical difficulties outside of our control. If a technical issue arises, Twizla.com reserves the right to stop, restart, or cancel any auction at any time, including before, during and after.

  23. Payments And Fees
    Any an all payments to Twizla.com for its services are non-refundable. This is true whether or not the item sells. By listing an item for sale on Twizla.com.au, you agree to pay Twizla.com.au all applicable fees based on our then current fee schedule, which is available at Fees, and which is incorporated herein by reference. All fees are non-refundable and, unless otherwise stated, are quoted in U.S. Dollars. You are responsible for paying all applicable taxes and for all hardware, software, service and other costs you incur to bid, buy, procure a listing from us or access our servers. We may in our sole discretion add, delete or change some or all of our services at any time.

  24. Maintenance.
    We may have maintenance work performed on Twizla.com.au when the need arises, usually once a week. This may or may not cause the Auction Site to be temporarily inaccessible or inoperable. All Auctions listed or ending during this maintenance period will be extended for the time it was not available to users. If necessary, maintenance will be performed at a time when users are least active on Twizla.com.au.

  25. Feedback
    You may not take any actions that may undermine the integrity of the feedback system. By posting a trade in any of the trading forums you agree to allow other Twizla members to post feedback for you via Twizla.com.au's feedback system, and accept that those posts may be positive or negative. You understand that the only way a 'Bad Trader' listing can be removed is at the request of the original poster. Any attempt to threaten Twizla.com, or any AutionMad.com.au member or owner, or employee to have this feedback removed will cause your access to the site to be removed permenantly. If you earn a sub-standard feedback rating your membership may be terminated, and you will unable to list or bid.

  26. Reporting
    To report a violation of the terms and conditions of this User Agreement or Twizla.com.au's operating rules or policies, please contact us via the contact form found in the Membership area.

  27. Modifications to Service.
    The Owner reserves the right to modify or discontinue the services provided on Twizla.com.au with or without notice to you. The Owner shall not be liable to you or any third party should we exercise our right to modify or discontinue any or all services.

  28. Owner Endorsement.
    You acknowledge and agree that the Owner does not endorse any of the goods that are sold through Twizla.com.au.

  29. Proprietary Rights.
    By posting messages, uploading files, inputting data, or engaging in any form of communication (collectively, 'Communications') in or through Twizla.com.au, you are granting to the Owner a perpetual, worldwide license (the 'License') to use, copy, modify, adapt or document such Communications. The Owner shall use the Communications solely in conjunction with providing, promoting, distributing or otherwise exploiting Twizla.com.au. The License does not, however, grant the Owner any ownership rights in or to your Communications. You shall have no recourse against the Owner for any alleged or actual infringement of any proprietary rights to which you may claim ownership. The Owner or our vendors own all rights, title and interest in and to all components of Twizla.com.au, but expressly excluding content owned by third parties which may be accessible through Twizla.com.au or the Internet generally. The Owner's ownership rights in Twizla.com.au include, but are not limited to, the look and feel of the end-user interfaces associated with Twizla.com.au, the name of Twizla.com.au, and the collective works consisting of all public messages on Twizla.com.au. You may not reproduce any sequence of messages from Twizla.com.au without the Owner's prior written consent. In addition, you may not copy, modify, adapt, reproduce, translate, distribute, reverse engineer, decompile, or disassemble (a) any aspect of Twizla.com.au that the we or our vendors own, or (b) any service, information or materials supplied by a third party content provider and with you may access through Twizla.com.au.

  30. No Agency.
    You and the Owner are independent contractors and no agency, partnership, joint venture, employer-employee or franchiser-franchisee relationship is intended or created by this User Agreement or otherwise.

  31. General.
    If any provision of this User Agreement is held by a court of competent jurisdiction to be contrary to law, then such provision shall be construed, as nearly as possible, to reflect the intentions of the parties with the other provisions remaining in full force and effect. The Owner's failure to exercise or enforce any rights or provisions of this User Agreement shall not constitute a waiver of such right or provision unless acknowledged and agreed to by the Owner in writing. You agree that any cause of action arising out of or related to Twizla.com.au or this User Agreement must commence within one (1) year after the cause of action arose; otherwise, such cause of action is permanently barred. The section titles in this User Agreement are solely used for the convenience of the parties and have no legal or contractual significance.

  32. Illegal Activity
    The Site and Services only may be used for lawful purposes and in a lawful manner. You may not register under a false name or use an invalid or unauthorized credit card. You may not make bids under a false name, impersonate any participant, or use another participant's password. Such conduct is a violation of state and federal laws. Fraudulent conduct may be reported to law enforcement, and Twizla.com.au will cooperate to ensure all violators will be prosecuted to the full extent of the law.

    Shill bidding is prohibited on Twizla.com.au. Shill Bidding is the placing of bids or causing bids to be placed on any item or product with the aim of artificially increasing or otherwise manipulating the bidding process on Twizla.com.au or the bid price of any product listed on the site.

  33. Reservation of Rights
    Twizla.com.au retains the right, but does not have the obligation, to immediately halt any auction or product sale, prevent or restrict access to the Site or the Services or take any other action in case of technical problems, objectionable material, inaccurate listings, inappropriately categorized items, auction inaccuracies, product inaccuracies, unlawful items, items, procedures, or actions otherwise prohibited by the procedures and guidelines contained on the Site, or for any other reason in the sole and absolute discretion of Twizla.com.au, and to correct any inaccurate listing, auction inaccuracies, product inaccuracies, inappropriately categorized items or technical problems on the Site.

  34. Privacy, Monitoring and Disclosure
    Twizla.com.au is committed to protecting your privacy. Our Privacy Policy can be found by Clicking Here Twizla.com.au reserves the right to change the Privacy Policy, and therefore are adviced to check the Privacy Policy frequently for changes. Except as authorized herein and unless otherwise authorized or consented, you agree not to use any information regarding other users, which is accessible from this Site or disclosed to you by Twizla.com.au, except to enter into and complete transactions. You agree not to use any such information for purposes of solicitation, advertising, unsolicited e-mail or spamming, harassment, invasion of privacy, otherwise objectionable conduct or otherwise inconsistent with our Privacy policy.

  35. Investigation
    As permitted by applicable law and consistent with our privacy policy, Twizla.com.au has the right, but not the obligation, to monitor any activity and content associated with this Site. Twizla.com.au may investigate any reported violation of its policies or complaints and take any action that it deems appropriate. Such action may include, but is not limited to, issuing warnings, suspension or termination of service, denying access and/or removal of any materials on the Site, including listings and bids. Twizla.com.au reserves the right and has absolute discretion, to remove, screen or edit any content that violates these provisions or is otherwise objectionable.

  36. Disclosure of Information.
    As permitted by applicable law, Twizla.com.au also reserves the right to report any activity that it suspects violates any law or regulation to appropriate law enforcement officials, regulators, or other third parties. In order to cooperate with information requests, to protect Twizla.com.au's systems and customers, to allow users to resolve disputes, or to ensure the integrity and operation of Twizla.com.au's business and systems or other purposes deemed reasonable by Twizla.com.au, Twizla.com.au may access and disclose any information it considers necessary or appropriate, including, without limitation, user contact details, IP addressing and traffic information, usage history and posted content.

  37. Sale related Disputes.
    Because Twizla.com.au is not the seller in the actual transaction between Certified Merchants and buyers and is not the agent of either for any purpose, Twizla.com.au does not have the duty to resolve and will not be involved in resolving any disputes between participants related to or arising out of any such transaction.

  38. General Release.

    1. Since we are not involved in the actual transaction between buyers and sellers, in the event that you have a dispute with one or more users, you release Twizla.com.au (and our officers, directors, agents, subsidiaries and employees) from claims, demands and damages (actual 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 such disputes.
    2. You acknowledge and agree that Twizla.com.au is not responsible for the availability of marketplaces, and does not endorse and is not responsible or liable for any services, content, advertising, products or other materials on or available from such marketplaces. you agree that Twizla.com.au shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with the use of or reliance on any such services, content, advertising, products or other materials.
    3. You acknowledge and agree that Twizla.com.au does not control and is not responsible for information provided by other users which is made available on the site. you may find other user's information to be offensive, harmful, inaccurate or deceptive. you agree that Twizla.com.au shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with the use of or reliance on any such information.

  39. Arbitration.
    Any controversy or claim arising out of or in connection with this Agreement may at our discretion be settled by binding arbitration by reference to a commercial disputes centre. You agree to be bound by the ruling arbitrator. The costs of the dispute are borne by the originator.

  40. DISCLAIMER OF WARRANTIES.
    YOU EXPRESSLY AGREE THAT USE OF Twizla.com.au IS AT YOUR SOLE RISK. THE AUCTION SITE IS PROVIDED AND MADE AVAILABLE ON AN 'AS IS' AND 'AS AVAILABLE' BASIS. THE OWNER EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. THE OWNER MAKES NO WARRANTY THAT Twizla.com.au WILL MEET YOUR REQUIREMENTS, OR THAT ACCESS TO AND AVAILABILITY OF Twizla.com.au WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR FREE; NOR DOES THE OWNER MAKE ANY WARRANTY AS TO THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF Twizla.com.au OR AS TO THE ACCURACY OR RELIABILITY OF ANY INFORMATION PUBLISHED ON Twizla.com.au. THE OWNER MAKES NO WARRANTY REGARDING ANY GOODS OR SERVICES PURCHASED OR OBTAINED THROUGH Twizla.com.au OR ANY TRANSACTIONS ENTERED INTO AS A RESULT OF Twizla.com.au. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM THE OWNER OR THROUGH Twizla.com.au SHALL CREATE ANY WARRANTY NOT EXPRESSLY MADE HEREIN. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES, SO SOME OF THE ABOVE EXCLUSIONS MAY NOT APPLY TO YOU.

  41. LIMITATION OF LIABILITY.
    THE OWNER (AND ITS EMPLOYEES, OFFICERS, DIRECTORS, AND VENDORS) SHALL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES, RESULTING FROM THE USE OR THE INABILITY TO USE Twizla.com.au, OR FOR COST OF PROCUREMENT OF SUBSTITUTE GOODS AND SERVICES, OR RESULTING FROM ANY GOODS OR SERVICES PURCHASE OR OBTAINED, OR MESSAGES RECEIVED OR TRANSACTIONS ENTERED INTO THROUGH Twizla.com.au OR RESULTING FROM UNAUTHORIZED ACCESS TO, OR ALTERATION OF YOUR TRANSMISSIONS OR DATA, INCLUDING BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, USE, DATA OR OTHER INTANGIBLE, EVEN IF THE OWNER HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. SOME JURISDICTIONS DO NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES SO SOME OF THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU.

  42. Indemnification.
    You agree to indemnify and hold the Owner, its parents, subsidiaries, affiliates, officers, employees and vendors, harmless from any claim or demand, including reasonable attorneys' fees, due to or arising out of your use of Twizla.com.au, your violation or breach of this User Agreement, or your infringement of any intellectual property or other right of any person or entity.

  43. General
    Headings are for reference purposes only and in no way define, limit, construe or describe the scope or extent of such section. 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. You agree that this Agreement may not be construed adversely against us solely because we prepared it. This Agreement and the terms and conditions incorporated herein set forth the entire understanding and agreement between us with respect to the subject matter hereof.

    Parental control filtering software is commercially and freely available that may assist you in limiting access to material that is harmful to persons under the age of 18 years. Freely available parental control software: Parental Filter.