User Agreement

Welcome to Crazy4Auction (refer as “C4A”) User Agreement. This Agreement describes the terms and conditions that govern your use of our services at http://www.crazy4auction.com.au/ (our "Site"). Before you may become a member of our Site you must read, agree with and accept all of the terms and conditions contained in this Agreement and C4A’s policies. These Policies change from time to time, and you agree that they form part of this Agreement. Policies of particular importance are the policies relating to: Privacy; Fees and Credits; Seller Non Performance; Fee Circumvention; Excessive Postage; Safe Trading; and Prohibited, and Restricted Items.

By accepting this Agreement (including the Policies) you agree to be bound by it and also the User Agreements and posted terms and conditions on other websites operated by C4A and its related and affiliated companies, to the extent that you use those websites.

We may amend the terms and conditions of this Agreement from time to time. Amended terms will be posted on our Site. The fact that amendments have been made to this Agreement will also be notified on our Announcements Board located at http://www.Crazy4Auction.com.au. You will be alerted to announcements made on the Announcements Board through "My Store". Except as stated in this Agreement, in a Policy, or as otherwise notified to you, all amended terms will automatically be effective 30 days after they are initially notified on our Site. If you do not agree with such changes to this Agreement (or any of our Policies), you must terminate your membership of C4A. If, after any such changes to this Agreement or any of our Policies you continue to be a member of our Site, you will be considered by us to have accepted the varied terms as part of the Agreement.

Except as specifically described in or authorised by this Agreement, the terms of this Agreement and any of our Policies cannot be amended except in writing signed by you and C4A.

In this Agreement where the context permits a reference to "you" includes anyone acting on your behalf or with your express or implied authority. A reference to this Agreement includes the Policies, unless stated otherwise.

1. Membership Eligibility.

C4A offers its services to its members. Membership is a privilege, not an entitlement, and C4A may change its services and suspend, terminate or restrict your membership at any time if it believes that this is reasonably justified within the terms of this Agreement or any of its Policies. In the event that C4A changes its services, suspends, terminates or restricts your membership in the circumstances outlined above or in this Agreement, you may not be able to access our services temporarily or permanently and you are prohibited from applying for a new account.

Our services are only available to, and may only be used by, individuals (that is, natural persons and not corporate entities) who can form legally binding contracts under applicable law. Without limiting the foregoing, our services are not available to persons under 18 years of age. If you do not qualify, you must not use our services. Although an account may be styled in a corporate, company or business name, it at all times is taken to be the personal account of the member who is registered on the account.

Your membership is not transferable. Your C4A account (including feedback and associated member UserID) may not be dealt with in any way. In particular, you must not allow others to use them and must not transfer or sell them to another party. While you are a member you must maintain control of your account. You are responsible for what occurs on that account and must report any unauthorised use of your account or UserID to us.

2. Fees and Services.

Joining (creating an C4A account) and bidding on our Site is free. Listing and selling items on our Site incurs fees which are set out in our Fees and Credits Policy which is located at http://www.crazy4auction.com.au/site_fees.php . When you list an item you have an opportunity to review and accept the fees that you will be charged for the use of our services.

Like all Policies, we may change our Fees and Credits Policy and the fees for our services from time to time. Changes to the Fees and Credits Policy are effective fourteen (14) days after we post notice of the changes on our web. We may choose to temporarily change our Fees and Credits Policy and the fees for our services for promotional events and such changes are effective when we post the temporary promotional event on the Announcements Board. 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 Australian Dollars. You are responsible for paying all fees associated with using our services and our Site and all applicable taxes if applicable. You must not charge a buyer any C4A fees as an additional charge on top of the final price of an item. For this reason, you may wish to consider C4A fees when determining the minimum or fixed price at which you list an item.

3. Crazy4auction not an Auctioneer.

3.1. Online Auctions. Although we are commonly 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 just about anything, at anytime, from anywhere, in a variety of formats, including a fixed price format and an auction-style format commonly referred to as an "online auction". You acknowledge and agree that C4A is not involved in the actual transaction between buyers and sellers. As a result, C4A has no control over the quality, safety or legality of items or content posted by member on our web site, the truth or accuracy of listings. We cannot ensure and do not guarantee that a member or browser of our site will actually complete a transaction or act lawfully in using our site.

When you enter into a transaction you create a legally binding contract with another member or the transaction is prohibited by law or by this Agreement or our Policies. You are responsible for ensuring that you comply with your obligations to that other member. If you do not, you may become liable to him or her. You must ensure that you are aware of any laws relevant to you as a buyer or seller, or in any other uses you make of our Site. If another member breaches any obligation to you, you are responsible for enforcing any rights that you may have. C4A will not be responsible your action.

Except as specifically advised otherwise on our Site, C4A does not offer any form of insurance or other buyer or seller protection which will assist you, because our Site merely provides the online venue for members to offer, sell, and buy and we are not otherwise involved in the transactions and interactions between buyers and sellers. However, some forms of payment permitted on the Site, such as PayPal or credit card, may offer limited buyer or seller protection or chargeback services and you should familiarise yourself with these before proceeding with a transaction of any kind through the Site.

3.2. Safe Trading. Because user identification on the Internet is difficult, C4A cannot and does not confirm each member's purported identity. Thus, we have established a member-initiated feedback system to help you evaluate the member you choose to deal with. We also encourage you to communicate directly with potential trading partners through the tools available on our Site. You may also wish to consider using a third party escrow service or services that provide additional user verification.

3.3. Release. C4A is not involved in the actual transaction between buyers and sellers and to the extent permitted by law C4A 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.

C4A is not involved with or a party to any transactions that take place between members. C4A does not accept any liability in respect of your involvement in any mediation, arbitration, tribunal hearing, court proceeding or other proceedings (of whatever nature) with a buyer or a seller (as the case may be) in any way arising out of or in any way connected with your transaction. C4A may plead this Agreement in bar to any claim, action, proceeding or suit brought by you, against C4A for any matter arising out of any C4A transaction or otherwise in respect of this Agreement.

3.4. Information Control. We send you communications and notices regarding your transactions and your account on our Site. They do not represent any endorsement, guarantee or legitimisation of your transactions. You are responsible for completing all transactions you participate in (including monitoring their status and complying with all relevant legal obligations). Other members sometimes provide us with information about a transaction. We do not control, endorse or approve this information by making it available to you. You may find information posted by other members to be offensive, harmful, inaccurate, or deceptive. Please use caution and common sense, and practice safe trading when using our Site. Please note that there are risks in using our Site, including dealing with under age persons or people acting under false pretence. Additionally, there may be risks with international trading and dealing with foreign nationals.

4. Bidding and Buying

By bidding on an item you agree with the seller to be bound by the conditions of sale included in the item's description, subject to any exceptions set out here, such as where the conditions of sale are in breach of this Agreement or unlawful. If you purchase an item through one of our fixed price formats or are the highest bidder on an item listed in auction format, you are obliged to complete the transaction with the seller.

5. Listing and Selling.

5.1. Listing Description. 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. At any one time you may not promote identical items in more than ten (10) online auction listings (whether Dutch or Regular auction-style) on our Site.

5.2. Binding Bids. 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

5.3. Fraud. Without limiting any other remedies available to C4A at law, in equity or under this Agreement, C4A 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 C4A in respect of any such suspension or termination of your membership.

6. Your Information

6.1. Definition. "Your Information" means any item you list as well as any information you give to us or other members in the registration, bidding or listing process, in any public message area (including the discussion boards and in feedback) or through any email feature. Your Information also includes the descriptions of items you list for sale or display on our Site, as well as any content you post on other web pages within our Site (including photographs or other images).

6.2. Restrictions. You are solely responsible for Your Information. We act as a passive conduit for your online distribution and publication of Your Information. Your Information must not, in any way whatsoever, be potentially or actually harmful to C4A or any third party, where "harm" includes, but is not limited to non-economic loss that will or may be suffered by C4A. The Policies contain detailed statements of prohibited conduct relating to Your Information. Without limiting any provision of this Agreement, Your Information must be up to date and kept up to date and must not:

6.2.1. be defamatory, libellous, threatening or harassing;

6.2.2. be false, inaccurate or misleading or deceptive;

6.2.3. infringe any third party's copyright, patent, trademark, trade secret or other proprietary rights or intellectual property rights, rights of publicity, confidentiality or privacy;

6.2.4. be fraudulent or involve the sale of counterfeit or stolen items;

6.2.5. create liability for us or cause us to lose (in whole or in part) the services of our ISPs or other suppliers; or

6.2.6. link directly or indirectly to or include descriptions of goods or services that: prohibited under this Agreement; are concurrently listed for sale on a web site other than C4A's (this does not prevent linking to or advertising an C4A item from another web site); or do not have a right to link to or include.

7. Feedback

Feedback belongs to C4A although we permit you to use it on our Site while you remain a member. You may not use it or deal with it in any way inconsistent with our Policies, without our prior written permission.

You may not do (or omit to do) anything that may undermine the integrity of the feedback system. We are entitled to suspend or terminate your membership at any time if we, in our sole and absolute discretion, are concerned by any feedback about you, or your feedback rating is considered to be problematic to C4A.

7.1. Export. You acknowledge that your feedback consists of comments left by other members and a composite feedback number compiled by C4A, and that the composite number without the comments does not convey your full user profile. Because feedback ratings belong to C4A and are not designed for any purpose other than facilitating trading between C4A members, you may not use your C4A feedback (including, but not limited to, marketing or exporting your rating or feedback comments) in any real or virtual venue other than a website operated by C4A or its related and affiliated companies.

8. Breach.

WITHOUT LIMITING OTHER REMEDIES AVAILABLE TO C4A AT LAW, IN EQUITY OR UNDER THIS AGREEMENT, WE MAY, WITHOUT NOTICE TO YOU AND IN OUR SOLE DISCRETION (WHICH SHALL BE EXERCISED REASONABLY, HAVING REGARD TO THE CIRCUMSTANCES), DELAY LISTING YOUR ITEM, ISSUE YOU A WARNING, RESTRICT YOUR ACTIVITIES THROUGH OUR SITE (INCLUDING BUT NOT LIMITED TO BUYING, SELLING AND CHATBOARD POSTING ACTIVITIES), TEMPORARILY SUSPEND, INDEFINITELY SUSPEND OR TERMINATE YOUR MEMBERSHIP AND REFUSE TO PROVIDE OUR SERVICES TO YOU IF:

8.1. you have, or we believe that you have, breached this Agreement, which includes any of our Policies in any way (including those Policies referred to in Clause 18 below);

8.2. we are unable to verify or authenticate any information you provide to us;

8.3. we believe that your actions may cause loss or damage to or otherwise unlawfully harm you, our members, third parties or us, our related bodies corporate or affiliates, our directors, employees or agents; or

8.4. if we reasonably believe that any of Your Information (which includes an item listed on the Site) is inappropriate or of an offensive nature.

For security, confidentiality and privacy reasons, we are not obligated to provide you or other members the details of any investigation that we conduct or any action which we take, in relation to your membership or your account other than those that are already provided to you by us.

9. Privacy

9.1. Information We Collect

Our primary purpose in collecting personal information is to provide you with a smooth, efficient, safer and customised trading experience. This allows us to provide services and features that most likely meet your needs, and to customise our services to make your experience safer and easier. We only collect personal information about you that we consider necessary for this purpose and to achieve this goal.

If you choose to bid, buy or sell on our Site, we collect information about your bidding, buying and selling behaviour. We also collect other users' comments about you in our feedback area.

If you establish a credit account with us to pay the fees we charge, we collect some additional necessary information, including billing address, credit card number and credit card expiration date and tracking information from cheques or money orders.

If you choose to post messages in our Cafés, chat rooms or other message areas or leave feedback for other users, we will collect and store such information that you disclose to us and which is necessary for us to achieve our primary goal described above.

If you send us personal correspondence, such as emails or letters, or if other users or third parties send us correspondence about your activities or postings on the Site, we may collect such information into a file specific to you.

9.2. Our Use of Your Information

We use personal information about you (including but not limited to the information in the file we maintain about you, and other information we obtain from your current and past activities on the Site) to resolve disputes, troubleshoot problems, help ensure safe trading on our Site, and enforce our User Agreement. At times, we may look across multiple users to identify problems or resolve disputes, and in particular we may examine your information to identify users using multiple User IDs or aliases.

If you choose to list an item for sale on our Site or open a credit account, we use your address and billing information to bill you and provide associated support.

You agree that we may use personal information about you to improve our marketing and promotional efforts, to analyse site usage, to improve our content and product offerings and customise our Site's content, layout, and services. These uses improve our Site and better tailor it to meet your needs, so as to provide you with a smooth, efficient, safer and customised experience while using our services.

You agree that we may use your information to contact you and deliver information to you that, in some cases, is targeted to your interests, such as targeted banners, administrative notices, product offerings, and communications relevant to your use of the Site. By accepting this Agreement you expressly agree to receive this information. If you do not wish to receive these communications, we encourage you to opt-out of the receipt of certain communications on the notification preferences page.

9.3. Our Disclosure of Your Information

Although C4A uses industry standard practices to protect your personal information, due to technical limitations, we cannot ensure that all of your private communications and other personal information will never be disclosed in ways not otherwise described in this Privacy Policy. By way of example (without limiting the foregoing), we may be forced to disclose information to the government or third parties under certain circumstances (further details of which are set out below in the "Legal Requests" section), or third parties may unlawfully intercept or access transmissions or private communications. Therefore, although we use industry standard practices to protect your privacy, we cannot and do not guarantee, and you should not expect, that your personal information or private communications will always remain private.

As a matter of policy, we do not sell or rent any personal information about you to any third party. However, the following describes some of the ways that your personal information may be disclosed, and by agreeing to the User Agreement and Privacy Policy you expressly agree that your personal information may be disclosed by Crazy4Auction in the following ways:

External Service Providers. There are a number of services offered by external service providers that help you use our Site (e.g., co-branded sites, listing agents, escrow, authentication, mediation). If you choose to use these optional services, disclose personal information to the external service providers, and/or grant them permission to collect personal information about you, then their use of your personal information is governed by their privacy policy. We may, for your convenience, provide some of your personal information to the external service provider offering such services. However, before we disclose your personal information to an external service provider, you will have the opportunity to see what data is about to be sent and have the ability to approve the disclosure. To prevent our disclosure of your personal information to an external service provider, you can decline such disclosures or simply not use their services. Because we do not control the privacy practices of these third parties, you should evaluate their practices before deciding to use their services. Users who register on an Crazy4Auction co-branded web site (for example, Oztion, eBay, Our Deals, Aussie Bid.com.au and etc) grant Crazy4Auction permission to pass your email address back to that co-branded web site and affiliated web sites. The use of such information by the co-branded and affiliated web sites is limited by their applicable privacy policies.

Internal Service Providers. We may use internal service providers to facilitate our services (e.g., search, discussion boards, and surveys) and therefore we may provide some of your personal information directly to them. In some instances, the internal service provider may collect information directly from you (such as the situation where we ask a internal service provider to conduct a survey for us). In these cases, you will be notified of the involvement of the internal service provider, and all information disclosures you make will be strictly optional. In all cases, these internal service providers' use of information we supply them is restricted by confidentiality agreements. If you provide additional information to an internal service provider directly, then their use of your information is governed by their applicable privacy policy.

Legal Requests. C4A may lawfully disclose your personal information for law enforcement or regulatory purposes. C4A cooperates with law enforcement inquires and other third parties to enforce laws, intellectual property and other rights. We can (and you authorise us to) disclose any information about you to law enforcement or other governmental officials as we, in our sole discretion, believe necessary, appropriate or as otherwise permitted, in connection with an investigation of fraud, intellectual property infringements, piracy or other activity that is illegal or may expose us to legal liability. Further, we can (and by becoming an Crazy4Auction member you authorise us to) disclose your User ID, name, street address, city, state, post code, country, phone number, email.

9.4. Your Use of Other Users' Information

In order to facilitate interaction among all C4A community members, our service allows you limited access other users' contact information. As a seller you have access to the User ID, email address and other contact information of the buyer or winning bidder(s), and as a buyer or winning bidder you have access to the User ID, email address and other contact information of the seller.

By entering into our User Agreement, you agree that, with respect to other users' personal information that you obtain through the Site or through Crazy4Auction-related communication or C4A-facilitated transaction, C4A hereby grants to you a license to use such information only for:

In all cases, you must give users an opportunity to remove themselves from your database and a chance to review what information you have collected about them. In addition, under no circumstances, except as defined in this Section, can you disclose personal information about another user to any third party without our consent and the consent of such other user after adequate disclosure. Note that law enforcement personnel, Verified Rights Owner Programme participants, and other rights holders are given different rights with respect to information they access.

We and our users do not tolerate spam. Therefore, without limiting the foregoing, you are not licensed to add an Crazy4Auction user, even a user who has purchased an item from you, to your mail list (email or physical mail) without their express consent after adequate disclosure.

9.5. Use of Email Tools
You may not use the Mail This Auction to a Friend service or other email forwarding services that we offer to send spam or otherwise send content that would violate our User Agreement or Privacy Policy.
If you send an email using the Mail This Auction to a Friend service to an email address that is not registered in our community, we do not use that email address for any purpose other than to send your email. We do not rent or sell these email addresses. We do not permanently store the email messages or the email addresses.

9.6. Control of Your Password
You are responsible for all actions taken with your User ID and password, including fees. Therefore we do not recommend that you disclose your C4A password to any third parties. If you choose to share your User ID and password or your information with third parties to provide you additional services, you agree that you are responsible for all actions taken with your User ID and password and therefore you should review that third party's privacy policy. If you lose control of your password, you may lose substantial control over your personal information and may be subject to legally binding actions taken on your behalf. Therefore, if your password has been compromised for any reason, you should immediately change your password.

9.7. Accessing, Reviewing and Changing Your Personal Information
Following registration, you can review and change the information you submitted during registration including:
Your User ID and email address If you change your User ID we keep track of your old User ID(s) and your new User ID.
Your registration information such as: name, company, address, city, state, post code, country, primary phone number, secondary phone number, fax number and gender.
Your password (if you have supplied such information)..
Your credit card number and expiration date, and other financial information.

You must promptly update your personal information if it changes. Once posted, you cannot change or remove any public postings made in our chat rooms or other message areas or the feedback area.

Upon your request, we will deactivate your account, contact information, and financial information from our active databases. To make this request, email the Trust and Safety team via admin@crazy4auction.com.au. Such information will be deactivated as soon as reasonably possible in accordance with our deactivation policy and applicable law.

We will retain in our files information you have requested to remove in some circumstances, such as to prevent fraud, resolve disputes, troubleshoot problems, assist with any investigations, and enforce our User Agreement, and to comply with legal requirements. Further, such prior information is never completely removed from our databases due to technical constraints and the fact that we back up our systems. Therefore, you should not expect that all of your personal information will be completely removed from our databases in response to your requests. However, such information will be deactivated from public viewing and usage by other members of Crazy4Auction and will only be available to select Crazy4Auction personnel.

10. No Warranty

10.1. WE AND OUR SUPPLIERS PROVIDE OUR SITE AND SERVICES ON AN "AS IS" BASIS, AND WITHOUT ANY WARRANTY OR CONDITION, EXPRESS OR IMPLIED. TO THE EXTENT PERMITTED BY LAW, WE AND OUR SUPPLIERS SPECIFICALLY DISCLAIM ANY IMPLIED WARRANTIES OF TITLE, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT UNLESS WE ARE REQUIREED TO PROVIDE SUCH WARRANTIES UNDER APPLICABLE LAW.
However, if you are considered a consumer under an Australian consumer protection law that applies to C4A, and you use our services for personal, domestic or household use, this clause 11.2 will not apply to you. For more information on consumer protection laws, please visit www.accc.gov.au or the website of your state fair trading agency, or consult with a legal practitioner.

11. Liability Limit.

11.1. TO THE EXTENT PERMITTED BY LAW IN NO EVENT SHALL WE, OUR AFFILIATES AND RELATED ENTITIES OR OUR SUPPLIERS BE LIABLE FOR LOST PROFITS OR ANY SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES ARISING OUT OF OR IN CONNECTION WITH OUR SITE, OUR SERVICES OR THIS AGREEMENT (HOWEVER ARISING, INCLUDING NEGLIGENCE). YOU AGREE TO ACCEPT SOLE RESPONSIBILITY FOR THE LEGALITY OF YOUR ACTIONS UNDER THE LAWS WHICH APPLY TO YOU. YOU AGREE THAT C4A AND ALL AFFILIATES AND RELATED ENTITIES OF C4A HAVE NO RESPONSIBILITY FOR THE LEGALITY OF OUR MEMBERS' ACTIONS.
11.2. TO THE EXTENT PERMITTED BY LAW, AND SUBJECT TO ANY CONTRARY REQUIREMENTS ARISING UNDER ANY APPLICABLE LAW, OUR LIABILITY, AND THE LIABILITY OF OUR RELATED BODIES CORPORATE, AFFILIATES OR SUPPLIERS, TO YOU OR ANY THIRD PARTIES IN ANY CIRCUMSTANCE 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; OR
(b) AUD$100
11.3. Notwithstanding the above provisions, nothing in this Agreement is intended to limit or exclude any liability on the part of C4A and its affiliates and related entities where and to the extent that applicable law prohibits such exclusion or limitation including those within the Trade Practices Act 1974 and relevant state fair trading legislation. For example, if C4A is found (by judgment of a court of competent jurisdiction) to have breached a warranty or condition implied by law, and you are considered a consumer for the purpose of that law, then the limitation of liability in clause 12.1 will not apply to you. For more information on consumer protection laws please visit www.accc.gov.au or the website of your state fair trading agency, or consult with a legal practitioner.

12. Indemnity
You agree to indemnify and hold us and (as applicable) our related entities, affiliates, and our and their respective officers, directors, agents, and employees, harmless from and against any and all claims, demands, proceedings, losses and damages (actual, special and consequential) of every kind and nature, known and unknown, including reasonable legal 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.
13. Legal Compliance

In addition to this Agreement, you must familiarise yourself with, and comply with the Policies, domestic laws (including common law) international laws, statutes, ordinances and regulations regarding your use of our services including bidding on, listing, purchase, solicitation of offers to purchase, and sale of items. In particular, you must ensure that your activities, items you list (which is part of Your Information), and the balance of Your Information do not violate the Broadcasting Services Act 1992, the Trade Practices Act 1974 and other relevant state-based fair trading legislation. For more information about this legislation and other legislation which may apply to you.
Notwithstanding 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 or unlawful (eg. the sale of interests in real property ordinarily requires a written document to be created).
YOU ALONE, AND NOT C4A, ARE RESPONSIBLE FOR ENSURING THAT YOUR LISTING, BIDDING AND SELLING AND ANY OTHER ACTIVITIES CONDUCTED ON OUR SITE ARE LAWFUL. YOU MUST ENSURE THAT YOU COMPLY WITH ALL APPLICABLE LAWS IN AUSTRALIA AND OTHER COUNTRIES. YOU MUST ALSO ENSURE THAT YOU STRICTLY COMPLY WITH THIS AGREEMENT AND THE POLICIES WHICH FORM PART OF THE AGREEMENT.

14. No Agency

No agency, partnership, joint venture, employee-employer, franchisor-franchisee or other similar relationship is intended to be or is created by this Agreement. In particular you have no authority to bind C4A, its related entities or affiliates in any way whatsoever.

15. Mediation and Dispute Resolution.

We encourage you to try and resolve disputes with other members directly with them, to use a certified mediation (such as online dispute resolution processes) or an arbitration entity or to report disputes to your local police or law enforcement agency as appropriate. More information on our Dispute Resolution Policy is located at http://www.crazy4auction.com.au/content_pages.php?page=help#
Any controversy or claim arising out of, or in connection with, this Agreement between C4A and you may be settled by independent, confidential mediation by reference to a commercial disputes centre, at either party's election. You and C4A agree to be bound by the outcome of such mediation. Each party will bear its own costs (and split equally any joint costs) of mediating the dispute.

16. Important Terms

All Policies (as may be amended from time-to-time) are incorporated into this Agreement by reference. You must read and agree to these documents prior to becoming, and as a condition of remaining, a member of C4A, and you agree to be bound by them. We particularly draw your attention to the Policies listed in the introductory section of this Agreement and those listed below:
You and C4A irrevocably submit to the non-exclusive jurisdiction of the courts of Victoria, Australia. The provisions of this Agreement are severable, and if any provision of this Agreement is held to be invalid or unenforceable, such provision may be removed and the remaining provisions will be enforced. This Agreement may be assigned by C4A to a third party without your consent in the event of a sale or other transfer of some or all of the assets of crazy4auction. In the event of any sale or transfer you will remain bound by the Agreement. 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 an anticipated or actual breach by you or others does not waive our right to act with respect to subsequent or similar breaches. This Agreement may not be construed adversely against us solely because we prepared it. This Agreement sets out the entire understanding and agreement between us with respect to its subject matter. Sections 2 (Fees and Services), 3.3 (Release), 6 (Your Information), 11 (Liability Limit) and 12 (Indemnity) will survive any termination or expiration of this Agreement.
I agree that:
I accept the user agreement
I am at least 18 years old.