Site Terms And Conditions
1. ABOUT THESE TERMS
1.1 Nature of Terms: These Terms set out:
1.2 Alteration of Terms: FreeMate Banc may alter any of these terms (including the charges payable) at any time. Amendments will be effective immediately upon posting the amended terms and conditions on this website. You must ensure you are familiar with the current terms and conditions at all times.
1.3 No partnership: Nothing in these Terms creates any partnership, agency or joint venture relationship between FreeMate Banc and any Member or between any two or more Members.
1.4 Definitions: Some words which are used often in these Terms are defined in clause 29.
1.5 By registering as a member of FreeMate Banc you accept these terms and conditions and continued use of the FreeMate Banc website and services constitutes your acceptance of the terms and conditions as amended.
2. FreeMate Banc'S ROLE
2.1 FreeMate Banc has established the Exchange to allow Members to trade goods and services on-line or off line amongst each other on a non-cash or on a part cash and part non-cash (barter) basis by auction or by a fixed price or negotiation listing. Except as stated in clause
2.2 FreeMate Banc's role is that of a facilitator. The parties to any Transaction made through the Exchange contract directly with each-other at their own risk and are entirely responsible for that sale, purchase or supply. FreeMate Banc has no liability to either party in relation to that Transaction and gives no undertakings, representations or warranties in relation to goods or services listed or sold on the Exchange.
2.3 Any disputes in relation to a Transaction are to be resolved between the parties to that Transaction. FreeMate Banc has no responsibility in relation to any such dispute but it will provide for appropriate adjustments to be made to Members' FreeMate Banc Dollar accounts where a proper request is made.
2.4 FreeMate Banc is a Member and can enter into Transactions as a principal. Where FreeMate Banc sells goods through the Exchange it does so on the basis that it makes no warranty regarding those goods, except that it owns them. FreeMate Banc excludes any warranties implied by law in respect of any such sale.
2.5 FreeMate Banc is not responsible for protecting members from credit card fraud.
2.6 Although FreeMate Banc facilitates transactions by way of auction, it is not an auctioneer under the Auctioneers Act 1928 or otherwise.
2.7 FreeMate Banc does not warrant that the services it provides will be uninterrupted, timely, secure or error-free or that any information provided on this website is reliable or error-free.
3. FreeMate Banc DOLLAR ACCOUNTS
3.1 FreeMate Banc will maintain an account for each Member. The form of currency used in the Exchange is the FreeMate Banc Dollar. FreeMate Banc Dollars are not legal tender however for transaction and valuation purposes $1 FreeMate Banc dollar is the equivalent of $1 US dollar. FreeMate Banc enables Members to make purchases from other Members on a non-cash or partly cash basis in accordance with these Terms. In no circumstances is FreeMate Banc (or any other person) obliged to redeem FreeMate Banc Dollars for cash except as provided for in clauses 19 and 20 of these Terms.
3.2 FreeMate Banc will credit to a Member's FreeMate Banc Dollar account:
3.3 FreeMate Banc will debit from a Member's FreeMate Banc Dollar account:
4. AUTHORISATION OF TRANSACTIONS
4.1 A member may sell goods and services on the Exchange using a minimum of 10% barter in any transaction.
4.2 FreeMate Banc will credit a selling or supplying Member's FreeMate Banc Dollar Account only where the Transaction is authorised by FreeMate Banc.
4.3 FreeMate Banc will not authorise a Transaction if:
4.4 While FreeMate Banc will use all reasonable endeavours to ensure that its approval system is functioning properly at all times, it is unable to guarantee that that will occur. FreeMate Banc excludes all liability to Members arising out of:
5. CREDIT LIMITS
5.1 Each Member agrees to FreeMate Banc allowing Members a credit limit on their FreeMate Banc Dollar Accounts of such amount as FreeMate Banc in its discretion considers appropriate. FreeMate Banc may at any time increase or reduce a Member's credit limit, although it will not increase a Member's credit limit beyond the level requested by the Member. FreeMate Banc may at its discretion require a Member to provide a guarantee, cash deposit or other security acceptable to FreeMate Banc as security for the performance by the Member of its obligations under these Terms.
6.1 Charges: In consideration of FreeMate Banc performing services as specified in these Terms, each Member must pay FreeMate Banc:
6.2 Due date: FreeMate Banc provides an online statement with 24 hours access showing the amounts payable by any Member in respect of transactions occurring. Any cash amount owing to FreeMate Banc by the Member must be paid within 24 hours of any transaction occuring. Any FreeMate Banc Dollars which are owing will be deducted from the Member's FreeMate Banc Dollar account within 24 hours.
6.3 Fee Payments: Each Member must provide FreeMate Banc with a means to collect fees by way of credit card, debit card or direct debit authority for the cash payments referred to in this clause if required by FreeMate Banc.
6.4 Each Member agrees that by using the FreeMate Banc Trade Dollars in any transaction online or processed manually they personally guarantee the payment of any cash fees due. The member further agrees that any such fees are due within 24 hours of any such transaction. Payment of cash fees can be made by way of deposit directly into the FreeMate Banc Westpac account or online using credit card.
6.5 Interest: If any sum owing to FreeMate Banc by a Member is not paid on the due date the Member must pay FreeMate Banc interest at the Default Rate on the outstanding sum from the due date for payment, until the date payment is made in full.
7. OBLIGATIONS OF MEMBERS
7.1 Each Member agrees:
8.1 All liability of any kind of FreeMate Banc to any Member with respect to the services provided by it (whether arising under the Consumer Guarantees Act, or any other enactment, or otherwise) is excluded to the fullest extent permitted by law.
9. ENTIRE AGREEMENT
9.1 These Terms and conditions, together with FreeMate Banc's Code of Conduct contain all of the terms relating to each Member's participation in the Exchange.
10.1 No exercise or failure to exercise or delay in exercising any right or remedy by FreeMate Banc will constitute a waiver by FreeMate Banc of that or any other right or remedy available to it.
11. CONFIDENTIALITY AND PUBLICITY
11.1 Confidentiality: Each Member undertakes to keep these Terms and any information that Member learns about FreeMate Banc or its business or the business of any other Member confidential, except that this undertaking will not apply to disclosures made:
11.2 Membership Directory: Each Member acknowledges the confidentiality of (and undertakes not to disclose the contents of) the FreeMate Banc's membership directory.
11.3 Publicity: Each Member acknowledges that its contact details will be included in the online directory published by FreeMate Banc.
12. INTELLECTUAL PROPERTY RIGHTS
12.1 FreeMate Banc owns all proprietary and intellectual property rights in it's websites (including text, graphics, logos, icons and sound recordings) and the software and other material underlying and forming part of it's services and this or any other website through which it's services are provided.
14.1 Transactions and all other contact between you and other members are conducted entirely at your own risk. You agree that FreeMate Banc accepts no responsibility or liability for any misconduct of any of it's members including, but without limitation, members who have registered under false pretences or who attempt to defraud you. FreeMate Banc gives no undertakings, representations, or warranties in relation to goods or services sold or listed on the website:
14.2 The website and services are provided on an 'as is' and 'as available' basis. FreeMate Banc does not warrant that the services provided will be uninterrupted, timely, secure, error-free or reliable, or that any information provided on the website is error-free or reliable.
14.3 If you are a business using this website, you agree that the provisions of the Consumer Guarantees Act 1993 shall not apply to your use of the website.
15.1 You agree to release and indemnify FreeMate Banc on a continuing basis from and against all actions, claims, demands, costs, losses, expenses, proceedings, damages and liabilities of any kind suffered or incurred by FreeMate Banc to any party arising out of or in connection with your use of the Exchange or your failure to comply with these terms and conditions.
16.1 FreeMate Banc may suspend or limit a Member's ability to engage in Transactions and/or remove your bids or listings if:
16.2 Any suspension under clause 16.1(a) will be lifted when all arrears are paid. Any suspension under clause 16.1(b) will be lifted when FreeMate Banc is reasonably satisfied that no breach has occurred, or that any breach which did occur has been rectified.
17. TERMINATION OF MEMBERSHIP
17.1 Termination on notice: A Member may cease to be a Member by giving 5 working days written notice to FreeMate Banc. FreeMate Banc may terminate a Member's membership by giving 5 working days written notice to the Member.
17.2 Termination by FreeMate Banc on default: FreeMate Banc may terminate a Member's membership with immediate effect by giving written notice to the Member:
18. CONSEQUENCES OF TERMINATION
18.1 Upon termination of a Member's membership for any reason the Member must immediately pay to FreeMate Banc:
18.2 If FreeMate Banc reasonably believes that the Member is unable to pay their cash fees and/or that the Member may be insolvent FreeMate Banc reserves the right to seize stock, goods, fittings and fixtures to the value of all fees PLUS the FreeMate Banc Member's FreeMate Banc Dollar account. FreeMate Banc can seize these goods immediately upon termination of the members account. For the purpose of seizing goods these shall be:
18.3 FreeMate Banc may add the reasonable cost of recovery of any debts that require the assistance of a 3rd party debt collection agency to collect, to the total amount payable to FreeMate Banc.
19. TERMINATION OF THE EXCHANGE
19.1 If for any reason the Exchange ceases to operate each Member which has a debit balance in its FreeMate Banc Dollar account must immediately pay to FreeMate Banc the cash equivalent of that debit balance. Any payments made pursuant to this clause will be held in trust by FreeMate Banc and will be distributed pro-rata among the Members with credit balances in their FreeMate Banc Dollar accounts.
19.2 Cessation of the Exchange's operations does not release any Member from liability to make any payment due to FreeMate Banc at the time the Exchange's operations cease.
21. RECEIPT OF CASH BY FreeMate Banc
21.1 Where a Member pays cash to FreeMate Banc in respect of any debit balance in that Member's FreeMate Banc Dollar account FreeMate Banc will debit an equivalent number of FreeMate Banc Dollars from its own FreeMate Banc Dollar account, so that the payment has a neutral effect on the Exchange.
22.1 Payments to be made under this Agreement are exclusive of GST (if any) and any GST payable must be paid by the person to whom the goods or services are provided.
23.1 No Member may assign its rights under these Terms. FreeMate Banc may by notice to the Members assign its rights under these Terms.
24. PARTIAL INVALIDITY
24.1 If any provision of these Terms or its application to any party or circumstance is or becomes invalid or unenforceable to any extent, the remainder of these Terms and their application will not be affected and will remain enforceable to the greatest extent permitted by law.
25. THIRD PARTIES
25.1 Nothing in these Terms is intended to confer a benefit upon anyone other than FreeMate Banc and the Members.
26.1 Service of notices: Any notice given pursuant to these Terms will be deemed to be validly given if personally delivered, posted, or forwarded by facsimile transmission to:
26.2 Time of service: Any notice given pursuant to this Agreement will be deemed to be validly given:
27. GOVERNING LAW
27.1 These terms and conditions are governed by the laws of Australia.
28.1 Definitions: In these Terms unless the context otherwise requires:
28.2 General construction: In interpreting these Terms the following rules must be applied unless the context otherwise requires:
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