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The following terms and conditions ("Terms") must be read by persons wishing to place advertisements (referred to in these Terms as "advertisers" or "you" - depending on the context) with The hypersold.com.au (referred to in these Terms as " hypersold.com.au ", " us " or " we " - depending on the context). You are required to accept these Terms before proceeding to place an ad with us and by accepting, you agree to be bound by and to comply with these Terms as stated below. hypersold.com.au reserves the right to change these Terms from time to time.

  1. You are responsible for ensuring that all material provided to us will not infringe any other person's copyright or other intellectual property rights and you are also responsible for complying with all other legal requirements applicable to the advertisement you place with us.

  2. You must ensure that your ad will not:
    1. contain or refer to any misleading, deceptive or fraudulent statements or offers;
    2. offer for sale any specified items as listed below;
    3. contain any obscene, threatening, indecent or defamatory material or material disclosing confidential information; or
    4. disclose information which identifies an individual or which can be used to identify an individual unless that person has consented to their personal information being disclosed.

  3. You agree that hypersold.com.au has an unfettered right to use (in any way it sees fit) any copyright subsisting in any advertisement you place with hypersold.com.au. It is your responsibility to procure necessary moral rights consents from authors of work you submit to us with an ad to enable us to use this work as stated in this section.

  4. hypersold.com.au makes no guarantees or representations regarding placement of your ad or the content of ads grouped with your ad.

  5. hypersold.com.au is not liable for any errors or typos which appear in your ad (regardless of whether the relevant error is our responsibility or yours).

  6. hypersold.com.au does not and cannot guarantee continuous, uninterrupted access to our services and to this site . While we endeavour to ensure availability of and access to the hypersold.com.au site, operation of this site and our services may be interfered with by numerous factors, including by factors outside of our control.

  7. hypersold.com.au provides this service "as is" and without any warranty or condition, express or implied. hypersold.com.au expressly excludes (to the fullest extent permitted at law) all warranties of any kind, including, without limitation, any implied warranties as to fitness of purpose or merchantability of this service or that using this service will not result in infringement of third party rights (including, but not limited to, intellectual property rights). In addition, hypersold.com.au makes no warranty that the services provided by us, including the hypersold.com.au site, will be timely, secure or error free.

  8. hypersold.com.au will not be liable for any lost profit or any direct, indirect, incidental, special or consequential loss or damage (including but not limited to economic damages) incurred by you arising out of or otherwise in connection with your use of the hypersold.com.au site or our services (including as a result of any negligent act or omission). hypersold.com.au's liability to you (including for negligence and under any implied warranties which cannot be excluded at law) is limited to (at our election) the re-supply of services supplied or offered by us or the cost of this re-supply.

  9. You agree to indemnify us and hold us, our subsidiaries, related companies, officers, directors, employees and agents harmless from all liability (including, but not limited to, liability as a result of or in connection with infringement of a third party's intellectual property right or moral right, and negligence) and any claim or demand (including any claim or demand made by any third party or any claim or demand based on negligence) as a result of or otherwise in connection with these Terms, the hypersold.com.au site or use of the hypersold.com.au site or our services.

  10. We reserve the right to (at our sole discretion) verify the availability of articles offered for sale and to select, edit, condense, determine the duration of, change the nominated Classified Section of, or refuse, an ad. We will also refuse to publish ads that offer for sale any item that is deemed by us (at our sole discretion) to be inappropriate for publication. Under certain circumstances (and at our sole discretion), we may only accept ads on a prepaid basis.

  11. Ads may be cancelled or withdrawn (at our sole discretion) at any time. If this occurs, and the ad was prepaid, a refund (which may be subject to deductions to meet our reasonable costs) may be provided.

  12. It is your responsibility to notify hypersold.com.au upon the sale of the advertised item to ensure that the ad is removed from this site and subsequent printed publications. This is done by editing your listing and checking the SOLD tick box.

  13. You must be 18 years or older to place an ad with us and you must be the legal owner of the item you are advertising (or have the permission of the legal owner to place the ad). In addition, any phone number provided by you for listing in an ad must be yours, or you must have permission to use it. You must ensure that any phone number listed in your ad is correct.

  14. WALKMAN ™ DISCMAN ™ and PLAYSTATION ™ are registered trademarks in Australia of the Sony Corporation. The hypersold.com.au does not accept ads that use the trademarks WALKMAN ™, DISCMAN ™ and PLAYSTATION ™ to describe products, which are not manufactured by or on behalf of, the Sony Corporation.

  15. To place an ad using this site you may use a Visa, MasterCard, Bankcard, AMEX or Diners Club credit card via the PayPal payment system. You will have to create and account with them before you can pay for either a token to place a single ad of a multi-list subscription. hypersold.com.au does not store or record credit card numbers in any manner. Secure transmission is made directly through the PayPal Gateway to a holding account. PayPal receive and display a response to your transaction, which is also sent to you via your registered e-mail address. You must return to the hypersold.com.au site after payment via the PayPal syatem for your payment to be recorded and be able to activate your listings.

  16. hypersold.com.au needs to collect certain personal information from advertisers in order to process and place an ad. Other than personal information which you send to us for inclusion in your ad, we do not disclose your information to third parties. Please see our disclaimer for more information on how we manage personal information and for details on who to contact for privacy related queries. Our disclaimer also has details on how to contact us to exercise your right of access to personal information we hold about you. Please note, that depending on when you placed your ad, your information may no longer be held by us.

  17. A password will be allocated by hypersold.com.au on registration by you as a new member. You may change this password once logged into the web site. We strongly recommend that you memorise your login details and do not write them down, so there is less chance of anyone discovering it. Follow these few precautions:

    Do not identify your password as being a password
    Do not attach a record of your password to your terminal, keyboard, or any part of your computer
    If you must write your password down - mix some 'noise' characters or scramble the written version of the password in a way that you remember.

    You agree to comply with these rules in respect of any password assigned to you by hypersold.com.au for use on this site.

  18. Your item will cease to be active if someone answering your phone says it is no longer for sale, your home phone is disconnected or you no longer have permission to use your business phone, you move out of the area, you decide to give away the item, give, trade or sell the item through some other means.

  19. Governing Law - These Terms (and your dealings with us) are subject to the laws of Queensland, Australia.
Specified Items

ITEM
NSW
SA
TAS
WA
ACT
NT
QLD
VIC
Airline tickets
X
X
X
X
X
X
X*
X
Alcohol
P
P
X
P
P
P
X
X
Boat moorings
X
 
 
 
 
X
 
 
Bull Arabs, Bull Mastiff, Pit Bull Terriers, American Bulldogs, American Johnson Bulldogs, Japanese Toza, Fila Brasileiro, Dogo Argentino or any other derivation thereof
X
X
X
X
X
X
X**
X
Computer software that is in violation of copyright
X
X
X
X
X
X
X
X
Cots: Travel D'Lite, Play D'Lite, Rest D'lite, Chicco Travelling, Travel Express (these brands are banned for sale by the NSW Department of Fair Trading)
X
 
 
 
 
 
 
 
Crossbows
X
X
X
 
 
 
 
X
Emus AND emu eggs
P
P
 
P
 
P
 
 
Firearms, weapons, rifles, guns or associated equipment
X
X
X
X
X
X
P*
X
Fireworks
X
P
P
X
X
P
X
X
Frogs
X
P
 
X
P
P
 
P
Holiday vouchers
X
 
 
 
 
 
 
 
Ivory
X
 
 
 
 
 
 
 
Monkeys
P
X
X
X
 
 
 
P
Penny turtles
X
P
 
X
P
P
 
P
Pornographic magazines
X
X
X
X
X
X
X
X
Poker and gaming machines
X
X
X
X
 
X
X
X
Radar detectors or jamming devices
X
X
X
X
X
X
X
X
Raffles
X
X
X
X
 
X
X
 
Reptiles
X
P
 
X
P
P
P
P
Swords or knives of any kind
X
X
X
X
X
X
X
X
Vehicle compliance plates
X
X
X
X
 
X
 
X
Video tapes that are in violation of copyright or X-rated
X
X
X
X
X
X
X
X
Wonderpasses
X
 
 
 
 
 
 
 

X = prohibited
X* = International tickets only prohibited
X** = Pit Bull Terriers only prohibited
P = permit or license required (permit number may be required as part of the ad text)
P* = permit or license required (for registered weapons excluding Automatics and Semi-Automatics)

 
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