AUCTIONEERING LINK AUSTRALIA TERMS & CONDITIONS
1. The terms described in this document form part of a legally binding contract if you are the winning
bidder. Please do not bid unless you are absolutely, 100%, totally and completely happy with the
following terms and conditions.
a. Your obligations as bidder
When you use the Service to bid at an online auction, you are making an offer to buy the
item at your bid price. If your bid price is the Winner's Bid Amount, you will be the Winning
Bidder and you must purchase the item you have bid for and pay the Winner's Bid Amount,
plus any additional charges that you may be obliged to pay.
Please take care when making a bid as once your bid is placed, it cannot be withdrawn.
It is your responsibility to read the information relating to any item listed for auction on the
Site. Please do not rely solely on the title summary or any photographs of the item posted
on the Site for a complete description of an item. You must not assume that the description
or photograph of the item in any way offers an opinion or an assessment of the suitability of
an item for you. If a photograph is provided, please use it as a guide only.
Please make sure you understand the delivery and payment terms, including any
amendment to those terms and conditions as outlined in the item's. Usually a Buyer's
Premium, and other charges including a delivery fee, will apply to online auctions (.
You must not engage in bid manipulation.
2. Your obligation to pay
a. If you are the Winning Bidder in an online auction, you must pay:
i. the Winners Bid Amount; and
ii. the Buyers Premium; and
iii. any other fees and charges specified associated with the purchase, and including but
not limited to tax, delivery and insurance charges, (the "Invoice Amount")
iv. due by one of our Payment Methods three working days of closure of online auction.
3. "Buy Now" Sales
You must pay the purchase price (including any GST if applicable) in full for a "Buy Now" Sale,
together with any other applicable fees or charges, for example delivery charges.
4. Please ensure that payment is received within three days of the sale. An item may be relisted and
the sale cancelled if payment is not received within three days. Please note that if payment is not
received then you will be reported to Auctioneering Link Australia and leave negative feedback.
5. Please note that these terms form a legally binding contract if you are the winning bidder. Please
don't bid unless you are able to make payment within three working days of purchase.
PAYPAL. We accept Visa and Mastercard via PayPal. We are a PayPal certified and verified account
holder. Our PayPal account is firstname.lastname@example.org
CREDIT CARDS. Please note that we do not have merchant facilities for credit cards. However you can
pay via MasterCard or Visa via PayPal – see above.
TELGRAPHIC TRANSFER. For international purchasers only. Our bank details will be provided at
checkout and in our confirmation email. Please allow at least 48 hours for funds to transfer (more from
some smaller banks).
INTERNET BANK TRANSFER OR BRANCH DEPOSIT. Our bank details will be provided at checkout
and in our confirmation email. Please allow at least 24 hours for funds to transfer (more from some smaller
banks and credit unions).
The following describes the terms on which Auctioneering Link Australia Offers you to Access to our
You must read, agree with and accept all of the terms and conditions contained in this User Agreement,
which include those terms and conditions expressly set out below and those incorporated by reference,
before you may become a member of Auctioneering Link Australia. We strongly recommend that, as you
read this User Agreement, you also access and read the information contained in the other pages and
websites referred to in this document, as they may contain further terms and conditions which apply to you
as a Auctioneering Link Australia Member.
In this User Agreement:
“Online Auctions Australia” means Auctioneering Link Australia Pty Ltd.
“Auctioneering Link Australia services” means the onlineauctions.com.au website and any related
Auctioneering Link Australia service or tool.
Welcome to Auctioneering Link Australia. By using the Auctioneering Link Australia services, you agree
to the following terms with Auctioneering Link Australia. If you have any questions, please don’t
hesitate to contact us.
This Agreement is effective on 7 November 2013 for current users, and upon acceptance for new
Before using the Auctioneering Link Australia services, you must read and accept all of the terms in,
and linked to, this User Agreement (“Agreement”). We strongly recommend that, as you read this User
Agreement, you also access and read the hyperlinked information. By accepting this User Agreement,
Link Australia services, or when you use the tools we make available to interact with the Auctioneering
Link Australia services. If you use a Auctioneering Link Australia site other than gabbaauctions.com.au,
you acknowledge that you will need to accept and be bound by the terms of that site. Some
Auctioneering Link Australia services may have additional or other terms that we provide to you when
you use those services.
3. Using Auctioneering Link Australia
While using the Auctioneering Link Australia services, you will not:
a. post content or items in inappropriate categories or areas on our sites and services;
b. infringe any laws and third party rights or our policies;
c. use the Auctioneering Link Australia services if you are not able to form legally binding
contracts, are under the age of 18, or are suspended from using the Auctioneering Link
d. fail to deliver payment for items purchased by you, unless the seller has materially
changed the item's description after you bid, a clear typographical error is made, or you
cannot authenticate the seller's identity;
e. fail to deliver items purchased from you, unless the buyer fails to meet the posted terms, or
you cannot authenticate the buyer's identity;
f. manipulate the price of any item or interfere with other users' listings;
g. circumvent or manipulate our fee structure, the billing process, or fees owed to
Auctioneering Link Australia;
h. post false, inaccurate, misleading, defamatory or offensive content (including personal
i. take any action that may undermine the feedback or ratings systems (such as displaying,
importing or exporting feedback information or using it for purposes unrelated to
Auctioneering Link Australia);
j. transfer your Auctioneering Link Australia account (including feedback) and User ID to
another party without our consent;
k. distribute or post spam, unsolicited, or bulk electronic communications, chain letters, or
l. distribute viruses or any other technologies that may harm Auctioneering Link Australia, or
the interests or property of Auctioneering Link Australia users;
m. export or re-export any Auctioneering Link Australia tools except in compliance with the
export control laws of any relevant jurisdictions;
n. copy, modify or distribute rights or content from the Auctioneering Link Australia services
or Auctioneering Link Australia's copyrights and trademarks; or
o. harvest or otherwise collect information about users, including email addresses, without
4. Auctioneering Link Australia is not an Auctioneer.
5. Online Auctions
Our Site acts as a venue to allow members to 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". We are not involved in the actual transaction between
buyers and sellers. As a result, we have no control over the quality, safety or legality of the items or
content posted by users on the Site, the truth or accuracy of the listings, the ability of sellers to sell
items or the ability of buyers to buy items. We cannot ensure and do not guarantee that a buyer or
seller will actually complete a transaction or act lawfully in using our Site.
6. Safe Trading
Because user authentication on the Internet is difficult, Auctioneering Link Australia cannot and
does not confirm each user's purported identity. Thus, we have established a user-initiated
feedback system to help you evaluate the user you are dealing with.
7. Bidding and Buying
You are obligated to complete the transaction with the seller if you purchase an item through one of
our fixed price formats or are the highest bidder. Bids are not retractable except in exceptional
circumstances such as when the seller materially changes the item's description after you bid, a
clear typographical error is made, or you cannot authenticate the seller's identity.
8. Listing and Selling
Listing Description. You must be legally able to sell the item(s) you list for sale on our Site. You
must describe your item and 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. 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 on
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 item's completion, unless there is an exceptional circumstance,
a. the buyer fails to meet the terms of your listing (such as payment method); or
b. you cannot authenticate the buyer's identity.
Fraud. Without limiting any other remedies available to Auctioneering Link Australia at law, in
equity or under this Agreement, Auctioneering Link Australia may, in its sole discretion, suspend or
terminate your account if we suspect that you (by conviction, settlement, insurance or escrow
investigation, or otherwise in our sole discretion) have engaged in fraudulent activity in connection
with our Site.
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 or through any email
feature. Your Information 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. You are solely responsible for
Your Information, and we act as a passive conduit for your online distribution and publication of
Restrictions. Your Information (including but not limited to any items listed) must not:
a. be false, inaccurate or misleading;
b. be fraudulent or involve the sale of counterfeit or stolen items;
c. infringe any third party's copyright, patent, trademark, trade secret or other proprietary rights or
rights of publicity or privacy;
d. violate any applicable law, statute, ordinance or regulation (including, but not limited to, those
governing export control, consumer protection, unfair competition, criminal law,
antidiscrimination or trade practices/fair trading laws);
e. be defamatory, trade libellous, unlawfully threatening or unlawfully harassing; be obscene or
contain child pornography or, if otherwise adult in nature or harmful to persons under the age
of 18 years, shall be distributed only to people legally permitted to receive such content.
f. contain any content that may be considered to be prohibited or potentially prohibited content,
g. contain any viruses, Trojan horses, worms, time bombs, cancelbots, easter eggs or other
computer programming routines that may damage, modify, delete, detrimentally interfere with,
surreptitiously intercept, access without authority or expropriate any system, data or personal
h. create liability for us or cause us to lose (in whole or in part) the services of our ISPs or other
i. link directly or indirectly to or include descriptions of goods or services that:
j. are prohibited under this Agreement;
k. are identical to other items you have up for auction but are priced lower than your item's
reserve or minimum bid amount;
l. are concurrently listed for sale on a web site other than Auctioneering Link Australia's (this
does not prevent linking to or advertising an Auctioneering Link Australia item from another
web site); or
m. you do not have a right to link to or include
Furthermore, you may not list any item on our Site (or complete 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 Auctioneering Link Australia 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 nonexclusive,
worldwide, perpetual, irrevocable, royalty-free, sub licensable (through multiple tiers)
right to exercise the copyright, publicity, and database rights (but no other rights) you have in Your
Information, in any media now known or not currently known, with respect to Your Information.
10. Abusing Auctioneering Link Australia
Auctioneering Link Australia and its community of users (“the Community”) work together to keep
our sites and services working properly and the Community safe. Please report problems, offensive
content, and policy violations to us.
Without limiting other remedies, we may limit, suspend or terminate our service and user accounts,
prohibit access to the Auctioneering Link Australia services, delay or remove hosted content, and
take technical and legal steps to keep users off the sites if we think that they are creating problems
or possible legal liabilities, infringing the intellectual property rights of third parties, or acting
inconsistently with the letter or spirit of our policies (for example, and without limitation, policies
related to shill bidding, conducting off-Auctioneering Link Australia transactions, feedback
manipulation, circumventing temporary or permanent suspensions or users who we believe are
harassing our employees or other users). Additionally, we may, in appropriate circumstances and
at our reasonable discretion, suspend or terminate accounts of users who may be repeat infringers
of intellectual property rights of third parties. We also reserve the right to cancel unconfirmed
accounts or accounts that have been inactive for a long time, or to modify or discontinue
Auctioneering Link Australia services.
11. Fees and Services
Joining Auctioneering Link Australia and bidding on listed items is free. We do charge fees for
using other services, such as listing items. When you list an item or use a service that has a fee,
you have an opportunity to review and accept the fees that you will be charged, which we may
change from time to time. Changes to our fees are effective after we provide you with at least
fourteen days' notice by posting the changes on the Auctioneering Link Australia site. We may
choose to temporarily change the fees for our services for promotional events (for example, free
listing days) or new services, and such changes are effective when we post the temporary
promotional event or new service on the sites.
Unless otherwise stated, all fees are quoted in Australian Dollars. You are responsible for paying all
fees and applicable taxes associated with our sites and services in a timely manner with a valid
payment method. If your payment method fails or your account is past due, we may collect fees owed
using other collection mechanisms. (This includes charging other payment methods on file with us,
retaining collection agencies and legal counsel and, for accounts over 180 days past due, deducting
the amount owed from your PayPal account balance.)
When you give us content, you grant us a non-exclusive, worldwide, perpetual, irrevocable, royaltyfree,
sublicensable (through multiple tiers) right to exercise any and all copyright, trademark, publicity,
and database rights (but no other rights) you have in the content, in any media known now or in the
For the convenience of sellers, we may offer catalogues of stock images, descriptions and product
specifications that are provided by third parties (including Auctioneering Link Australia users). You may
use catalogue content solely in connection with your Auctioneering Link Australia listings during the
time your listings are on Auctioneering Link Australia's sites.
While we try to offer reliable data, we cannot promise that the catalogues will always be accurate and
up-to-date, and you agree not to hold our catalogue content providers or us responsible for
inaccuracies in catalogues. If you choose to include catalogue content in your listings, you continue to
be fully responsible for your listings and for ensuring that your listings are accurate, do not include
misleading information, and comply with this User Agreement and all Auctioneering Link Australia
policies. The catalogues may include copyrighted, trademarked or other proprietary materials. You
agree not to remove any copyright, proprietary or identification markings included with the catalogues
or create any derivative works based on catalogue content (other than by including them in your
13. Trading on Auctioneering Link Australia and Limitation of Liability
While we strive to maintain a safe trading environment you accept that there are unfortunately
sometimes risks when trading online and using our sites, including dealing with underage or fraudulent
persons. You will not hold Auctioneering Link Australia responsible for other users' content, actions or
inactions, items they list or their destruction of allegedly fake items. You acknowledge that we are not
an auctioneer. Instead, our sites are venues to allow anyone to offer, sell, and buy just about anything,
at anytime, from anywhere, in a variety of pricing formats and locations, such as stores, fixed price
formats and auction-style formats. We are not involved in the actual transaction between buyers and
sellers. We have no control over and do not guarantee the quality, safety or legality of items advertised,
the truth or accuracy of users’ content or listings, the ability of sellers to sell items, the ability of buyers
to pay for items, or that a buyer or seller will actually complete a transaction or return an item.
When you enter into a transaction you create a legally binding contract with another user. You must
ensure that you comply with your obligations to that other member and are aware of any laws relevant
to you as a buyer or seller. If another member breaches any obligation to you, you – not Auctioneering
Link Australia – are responsible for enforcing any rights that you may have.
You alone, and not Auctioneering Link Australia, 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.
We do not take ownership of the items at any time and do not transfer legal ownership of items from
the seller to the buyer. Further, we cannot guarantee continuous or secure access to the Auctioneering
Link Australia services, and their operation may be interfered with by numerous factors outside of our
control. Accordingly, to the extent legally permitted, we exclude all implied warranties, terms and
conditions. We are not liable for any loss of money, goodwill or reputation, or any special,
indirect or consequential damages arising, directly or indirectly, out of your use of or your
inability to use the Auctioneering Link Australia services.
To the extent that Auctioneering Link Australia is able to limit the remedies available under this
Agreement, Auctioneering Link Australia expressly limits its liability for breach of a non-excludable
statutory guarantee to the following remedies:
a. the supply of the services again; or
b. the payment of the cost of having the services supplied again.
Because 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 Auctioneering Link Australia from claims, demands
and damages (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 such disputes.
If you have a dispute with one or more users, you release us (and our officers, directors, agents,
subsidiaries, joint venturers and employees) from claims, demands and damages (actual and
consequential) of every kind and nature, known and unknown, arising out of or in any way connected
with such disputes.
Without limiting other remedies available to Auctioneering Link Australia 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 posting activities),
temporarily suspend, indefinitely suspend or terminate your membership and refuse to provide our
services to you if:
a. 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);
b. we are unable to verify or authenticate any information you provide to us;
c. we believe that your actions may cause loss or damage to or otherwise unlawfully harm
you, our users, third parties or us, our related bodies corporate or affiliates, our directors,
employees or agents; or
d. 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.
16. Access and Interference
Much of the information on the site is updated on a real-time basis and is proprietary or is licensed to
Auctioneering Link Australia by our users or third parties. You agree that you will not use any robot,
spider, scraper or other automated means to access the Auctioneering Link Australia services for any
purpose without our express written permission.
Additionally, you agree that you will not:
a. take any action that imposes or may impose (in our sole discretion, exercised reasonably) an
unreasonable or disproportionately large load on our infrastructure;
b. copy, reproduce, modify, create derivative works from, distribute, or publicly display any
content (except for your information) from the sites without the prior express written permission
of Auctioneering Link Australia and the appropriate third party, as applicable;
c. interfere or attempt to interfere with the proper working of the sites, services or tools, or any
activities conducted on or with the sites, services or tools; or
d. bypass our robot exclusion headers or other measures we may use to prevent or restrict
access to the sites.
17. Listing Conditions
By listing an item on the Gabba Auction’s site, you agree to pay Auctioneering Link Australia’ fees for
the listing, assume full responsibility for the content of the listing and item offered, and accept the
following listing conditions: When you list an item on the Auctioneering Link Australia site, your listing
will be posted on the Auctioneering Link Australia site. Your listing may not be immediately searchable
by keyword or category for several hours (or up to 24 hours in some circumstances), so Auctioneering
Link Australia can’t guarantee exact listing durations. Where your listing appears in search and browse
results it may be based on certain factors including listing format, title, bidding activity, end time,
keywords, price and shipping cost, feedback, and detailed seller ratings.
18. Closing Your Account
You may close your Auctioneering Link Australia account at any time, subject to:
a. not having any outstanding items listed on the website; and
b. resolving any outstanding matters (such as a suspension or restriction on your account);
c. paying any outstanding fees owing on the account.
We do not provide your personal information to third parties for their marketing purposes without your
explicit consent. We view protection of users' privacy as a very important community principle. We
store and process your information on computers located in Australia that are protected by physical as
well as technological security devices. You can access and modify the information you provide us and
choose not to receive certain communications by signing-in to your account. We use third parties to
verify and certify our privacy principles. If you object to your information being transferred or used in
this way please do not use our services.
You will indemnify us (and our officers, directors, agents, subsidiaries, joint venturers and employees)
against any claim or demand, including legal fees and costs, made against us by any third party due to
or arising out of your breach of this Agreement, or your infringement of any law or the rights of a third
party in the course of using the Auctioneering Link Australia services.
21. No Agency
Auctioneering Link Australia is not your agent for any purpose in relation to this Agreement or your use
of the Auctioneering Link Australia services.
Legal notices must be served on Auctioneering Link Australia's registered agent (in the case of
Auctioneering Link Australia) or to the email address you provide to Auctioneering Link Australia during
the registration process (in your case). Notice will be deemed given 24 hours after email is sent, unless
the sending party is notified that the email address is invalid or that the email has not been delivered.
Alternatively, we may give you legal notice by mail to the address provided by you during the
registration process. In such case, notice will be deemed given three days after the date of mailing.
Any notices to Auctioneering Link Australia’s registered agent must be given by registered ordinary
post (or if posted to or from a place outside Australia, by registered airmail) or by facsimile transmission
to Auctioneering Link Australia 15 Overend Street, East Brisbane QLD 4169.
23. Legal Disputes
If a dispute arises between you and Auctioneering Link Australia, our goal is to provide you with a
neutral and cost effective means of resolving the dispute quickly. We strongly encourage you to first
contact us directly to seek a resolution. We will consider reasonable requests to resolve the dispute
through alternative dispute resolution procedures, such as mediation or arbitration, as alternatives to
Law and Forum for Legal Disputes – This Agreement will be governed in all respects by the laws of
Queensland. We encourage you to try and resolve disputes using certified mediation (such as online
dispute resolution processes). If a dispute cannot be resolved then you and Auctioneering Link
Australia irrevocably submit to the non-exclusive jurisdiction of the courts of Queensland, Australia.
24. Additional Terms
Our policies may be changed from time to time. Changes take effect when we post them on the
gabbaauctions.com.au site. When using particular services on our site, you are subject to any posted
policies or rules applicable to services you use through the site, which may be posted from time to
time. All such policies or rules are incorporated into this User Agreement.
If any provision of this Agreement is held to be invalid or unenforceable, such provision will be severed
and the remaining provisions will remain in effect. In our sole discretion, we may assign our rights and
obligations under this Agreement to another entity. Headings are for reference purposes only and do
not form part of this Agreement. Our failure to act on a breach by you or others doesn't waive our right
to act on subsequent or similar breaches.
We may amend this Agreement at any time by posting the amended terms on gabbaauctions.com.au
and by notifying you directly to the email address linked to your account. Except as stated elsewhere,
all amended terms will automatically be effective 30 days after they are initially posted. If you do not
accept the changes you should close your account in accordance with Clause 13 of this Agreement.
This Agreement contains the entire understanding and agreement between you and Auctioneering Link
Australia. The following Sections survive any termination of this Agreement: Fees and Services (with
respect to fees owed for our services), Release, Content, Liability, Indemnity and Legal Disputes