Terms and Conditions
Welcome to The Fleamarket (www.thefleamarket.com.au). The Fleamarket is owned by Davies Brothers Pty Ltd, 91-93 Macquarie Street, Hobart, Tasmania, 7000. ABN: 37 009 475 754. These terms are effective from the 18 August 2011.
As a condition of use of The Fleamarket you will agree to the following.
NOT to:
Online adverts will appear for 28 days. They will expire automatically after 28 days. If you wish to re-advertise the item, then you will be responsible for re-posting the item online. Items will be advertised in the paper only once. If the item is re-posted online, then the item will not appear in the paper again. Press adverts will appear on either a Monday or Tuesday. We cannot guarantee what day your advert will appear, as adverts are space dependant. Items in the paper will be displayed in alphabetical order. If the item is inputted online, then it will be the judgement of the Mercury, where this item will appear alphabetically and what the item is listed as. If the item is entered via coupon in the paper, it will be at the Mercury's judgement as to what category this item should fall into online. We accept no responsibility for any categorisation.
As the content on The Fleamarket comes from others, we are not liable in the accuracy or description of postings. All transactions are dealt with between users. We are not liable for things that our users post or do. We are not liable for any loss of money, reputation or damages resulting from your use of The Fleamarket.
Using The Fleamarket is generally free, but we will sometimes charge for a certain service if you request it. These fees may change from time to time to tie in with certain promotions or events. All fees are non-refundable and it is your responsibility to pay them when they are due.
The Fleamarket reserves the right, acting reasonably to refuse any advertising which, in the publishers reasonable opinion, Is or is suspected of being in breach of these Terms and Conditions.
The Fleamarket reserves the right to change or terminate this offer at anytime without further notice. Notification of changes or termination will be posted on the service or sent via electronic mail, where practicable and as determined by the publisher acting reasonably.
Accounts
If a fee is due, advertisers must pay for all financial transactions in advance, by credit card. You will be required to enter your credit card details for each financial transaction. There are no minimum charges applicable.
Credit card payment for additional lines and components (attention getters, large headings, photos, border) applies.
The Advertiser agrees to pay the rates specified by DBPL for each advertisement, current at the time of publication of the advertisement.
The Publisher reserves the right to pass on any fee or charge (including bank charges and credit card surcharges) imposed on the transaction to process your payment for the Advertisement.
The Publisher reserves the right, acting reasonably, not to pay a refund while the outcome of an Advertiser initiated investigation regarding the publication or otherwise of an Advertisement is pending. News or the Publisher will endeavour to resolve any such investigation within seven (7) days.
Other specific laws
Jurisdiction
PUBLICATIONS
As a condition of use of The Fleamarket you will agree to the following.
NOT to:
- Post any false or misleading material
- Post any indecent or obscene material
- Violate any laws
- Distribute another person's content without consent
- Charge postage for items
- Include links to other websites
- Use inappropriate language
- Use inappropriate photos / images
- Discriminate against race / religion / nationality
- Distribute spam
- Distribute viruses
- Collect information about others, such as email addresses
- Alcohol
- Animals
- Guns and other weapons
- Cars / car parts
- Caravans / motorcycles / boats
- Pornographic material / adult products / sex toys
- Pharmaceuticals and other health supplements
- Garage sales
- Be $500 or under in total value
- Be 20 words or 4 lines in length
- Be in English
- Be for sale within Tasmania
- Be posted in the correct category
- Be descriptive enough
- Be private party advertisers only
- Stipulate the price
- Stipulate a contact telephone number or email address
Online adverts will appear for 28 days. They will expire automatically after 28 days. If you wish to re-advertise the item, then you will be responsible for re-posting the item online. Items will be advertised in the paper only once. If the item is re-posted online, then the item will not appear in the paper again. Press adverts will appear on either a Monday or Tuesday. We cannot guarantee what day your advert will appear, as adverts are space dependant. Items in the paper will be displayed in alphabetical order. If the item is inputted online, then it will be the judgement of the Mercury, where this item will appear alphabetically and what the item is listed as. If the item is entered via coupon in the paper, it will be at the Mercury's judgement as to what category this item should fall into online. We accept no responsibility for any categorisation.
As the content on The Fleamarket comes from others, we are not liable in the accuracy or description of postings. All transactions are dealt with between users. We are not liable for things that our users post or do. We are not liable for any loss of money, reputation or damages resulting from your use of The Fleamarket.
Using The Fleamarket is generally free, but we will sometimes charge for a certain service if you request it. These fees may change from time to time to tie in with certain promotions or events. All fees are non-refundable and it is your responsibility to pay them when they are due.
The Fleamarket reserves the right, acting reasonably to refuse any advertising which, in the publishers reasonable opinion, Is or is suspected of being in breach of these Terms and Conditions.
The Fleamarket reserves the right to change or terminate this offer at anytime without further notice. Notification of changes or termination will be posted on the service or sent via electronic mail, where practicable and as determined by the publisher acting reasonably.
Accounts
If a fee is due, advertisers must pay for all financial transactions in advance, by credit card. You will be required to enter your credit card details for each financial transaction. There are no minimum charges applicable.
Credit card payment for additional lines and components (attention getters, large headings, photos, border) applies.
The Advertiser agrees to pay the rates specified by DBPL for each advertisement, current at the time of publication of the advertisement.
The Publisher reserves the right to pass on any fee or charge (including bank charges and credit card surcharges) imposed on the transaction to process your payment for the Advertisement.
The Publisher reserves the right, acting reasonably, not to pay a refund while the outcome of an Advertiser initiated investigation regarding the publication or otherwise of an Advertisement is pending. News or the Publisher will endeavour to resolve any such investigation within seven (7) days.
Other specific laws
Goods and Services Tax (GST) - All specified rates and charges are inclusive of GST.
Jurisdiction
This Agreement is governed by the laws of Tasmania (TAS), Australia and the parties submit to the jurisdiction of the courts of TAS. If any provision in this Agreement is invalid or unenforceable under applicable law, the remaining provisions will continue in full force and effect. THE PARTIES SPECIFICALLY AGREE THAT THE PERFORMANCE OF THIS AGREEMENT, IN ALL ITS ASPECTS, DOES NOT TAKE PLACE OUTSIDE THE JURISDICTION OF THE STATE OF TASMANIA, AUSTRALIA.
PUBLICATIONS
The Publications included in the Service are:
The Mercury
The Sunday Tasmanian
www.themercury.com.au
www.thefleamarket.com.au
Contact us
If you wish to notify The Fleamarket regarding any content on the site or if you need any assistance, please email us on classifieds@dbl.newsltd.com.au
Compliance of Advertisements with Laws and Standards
By lodging material for publication as or as part of an Advertisement in a Publication, or authorising or approving the publication of any material with the Publisher, You warrant that the material complies with all relevant laws, regulations and advertising codes of conduct and that its publication will not give rise to any claims against or liabilities of News, any Publisher or any of their directors, employees or agents.
Without limiting the generality of the above, Advertisers warrant that nothing in the material lodged for publication breaches the Trade Practices Act 1974, Copyright Act 1968 or laws (Commonwealth, State or Territory, as relevant) relating to defamation, therapeutic goods, tobacco products, consumer protection, fair trading and sale of goods or infringes the rights of any person.
Liability
Nothing in these terms shall limit our liability for fraudulent misrepresentation, for death or personal injury resulting from our negligence or the negligence of our agents or employees. You agree not to hold us responsible for things other users post or do.
We do not review users' postings and are not involved in the actual transactions between users. As most of the content on www.thefleamarket.com.au comes from other users, we do not guarantee the accuracy of postings or user communications or the quality, safety, or legality of what's offered.
We cannot guarantee continuous, error-free or secure access to our services or that defects in the service will be corrected. While we will use reasonable efforts to maintain an uninterrupted service, we cannot guarantee this and we do not give any promises or warranties (whether express or implied) about the availability of our services.
You may not register on behalf of anyone else and you may not allow anyone else to use your registration details to access and use the Service.
You will maintain the security of your password. You are responsible for all activity on the Service that occurs using your password including activity generated by a third party using your password with or without your permission.
Fraudulent use of a credit card by you will automatically absolve News or the Publisher from any liability. News or the Publisher will co-operate with any law enforcement agency with respect to the fraudulent use of the credit card and provide all relevant details pertaining to Your transactions conducted on this Service. At the time of notification of the fraudulent activity, all Advertisements charged to the notified credit card will be cancelled immediately.
Accordingly, to the extent legally permitted we expressly disclaim all warranties, representations and conditions, express or implied, including those of quality, merchantability, merchantable quality, durability, fitness for a particular purpose and those arising by statue. We are not liable for any loss, whether of money (including profit), goodwill, or reputation, or any special, indirect, or consequential damages arising out of your use of www.thefleamarket.com.au, even if you advise us or we could reasonably foresee the possibility of any such damage occurring.
STATEMENT REGARDING PRIVACY POLICY
Davies Brothers Pty Ltd (DBPL) recognises the importance of protecting the privacy of personally identifiable information collected about our customers. For the purposes of this Privacy Statement, the word customers includes visitors to our web sites, subscribers to and users of our services, purchasers of our products and advertising customers.
We are bound by the National Privacy Principles in the Privacy Act 1988 (Cth) in relation to the handling of personal information. Where appropriate we will handle personal information relying on the media exemption (but complying with the Australian Press Council Privacy Standards), related bodies corporate exemption and the employee exemption in the Privacy Act.
Personal Information
We collect personal information when we provide our services to you. Generally we will tell you why we are collecting information when we collect it and how we plan to use it or these things will be obvious when we collect the information.
We usually collect personal information directly from you although sometimes we may use agents or service providers to do this for us. We may also acquire lists from other sources, both from other companies and from other public documents.
Use of Information
We usually collect personal information such as your name, address, telephone number, and in some instances, your financial details. When you are online, we collect information regarding the pages within our network which you visit and what you click on. As a general rule we do not collect sensitive information. However, if we do, it will usually be for the purposes of providing our goods or services and if the law requires us to, we will seek your consent to collect it.
We use your information to provide our services (which on digital platforms may include the display of personalised content and advertising) to you, to fulfil administrative functions associated with these services, for example billing, to enter into contracts with you or third parties and for marketing and client relationship purposes. Where your personal information is contained within an advertisement which we publish for you, we may also use your information for publication of that same advertisement in other media, in accordance with the terms and conditions of the initial publication.
We may share your information with other companies which are related to News Limited within Australia. We or they may also use your personally identifiable information to assist us in improving our products and services and any of us might be in touch to let you know about goods, services, or promotions which may interest you.
Use by Third Parties
Davies Brothers Pty Ltd (DBPL) may disclose your information to its service providers and contractors from time to time to help us to provide and market our goods and services to you. We may also share your information with third parties who provide prizes for competitions or reader offers. If we do this we generally require these parties to protect your information in the same way we do.
Use of Aggregate Data
We may collect and use certain non-personal information (e.g., the identity of your Internet browser, the type of operating system you use, your IP address and the domain name of your Internet service provider) to optimise our goods and services (which on digital platforms may include the display of personalised content and advertising) including our Web pages for your computer. We may use such non-personal information for internal purposes, including but not limited to improving the content of our sites.
Davies Brothers Pty Ltd (DBPL) may use personally identifiable information in aggregate form to improve our goods and services including our Web sites and make them more responsive to the needs of our customers. This statistical compilation and analysis of information may also be used by News or provided to others as a summary report for marketing, advertising or research purposes.
Security
Davies Brothers Pty Ltd strives to ensure the security, integrity and privacy of personally identifiable information of our customers. We use a variety of physical and electronic security measures including restricting physical access to our offices and firewalls and secure databases to keep personal information secure from misuse, loss or unauthorised use or disclosure.
Unfortunately, no data transmission over the internet can be guaranteed to be totally secure.
Access to Personal Information
You have a right to access most personal information we hold about you and if we deny access in some circumstances we will tell you why.
To request access, please contact our privacy officer as set out at the end of this document.
Public Information
Any information posted on bulletin boards and/or communicated in chat areas becomes public information. While Davies Brothers Pty Ltd strives to protect and respect your privacy, we cannot guarantee the security of any information you disclose in a chat room or bulletin board.
Cookies
Cookies are data that a Web site transfers to an individual's hard drive for record-keeping purposes. Cookies can facilitate a user's ongoing access to and use of a site. They allow us to track usage patterns and to compile data that can help us improve our content and target advertising. If you do not want information collected through the use of Cookies, there is a simple procedure in most browsers that allows you to deny or accept the Cookie feature. But you should note that Cookies may be necessary to provide you with features such as merchandise transactions or registered services.
Online Links to Third Party and Co-Branded Sites
Davies Brothers Pty Ltd may establish relationships with business partners that allow visitors to our Internet sites to link directly to sites operated by these partners. Some of these sites may be "co-branded" with our logo; however, these sites may not be operated or maintained by or on our behalf. These sites may collect personal information from you that may be shared with us. This Privacy Statement will apply to any personal information we obtain in this manner.
Davies Brothers Pty Ltd is not responsible for the content or practices of Web sites operated by third parties that are linked to our sites. These links are meant for the user's convenience only. Links to third party sites do not constitute sponsorship, endorsement or approval by News of the content, policies or practices of those third party sites. Once you have left our site via such a link, you should check the applicable privacy policy of the third party site.
What else should you know about privacy on the internet
Remember to close your browser when you have finished your user session. This is to ensure that others cannot access your personal information and correspondence if you share a computer with someone else or are using a computer in a public place like a library or Internet cafe. You as an individual are responsible for the security of and access to your own computer.
Whenever you voluntarily disclose personal information over the Internet, this information can be collected and used by others. In short, if you post personal information in publicly accessible online forums, you may receive unsolicited messages from other parties in return. Ultimately, you are solely responsible for maintaining the secrecy of your username and passwords and any account information. Please be careful and responsible whenever you are using the internet.
For further information
Please contact our Privacy Officer to ask for access to your information or if you have a complaint concerning your information privacy or if you would like more information about our approach to privacy.
Craig Barling
Ph: (03) 6230 0652
Email: barlingc@dbl.newsltd.com.au
Post: GPO Box 334, Hobart, Tasmania, 7001
The Mercury
The Sunday Tasmanian
www.themercury.com.au
www.thefleamarket.com.au
Contact us
If you wish to notify The Fleamarket regarding any content on the site or if you need any assistance, please email us on classifieds@dbl.newsltd.com.au
Compliance of Advertisements with Laws and Standards
By lodging material for publication as or as part of an Advertisement in a Publication, or authorising or approving the publication of any material with the Publisher, You warrant that the material complies with all relevant laws, regulations and advertising codes of conduct and that its publication will not give rise to any claims against or liabilities of News, any Publisher or any of their directors, employees or agents.
Without limiting the generality of the above, Advertisers warrant that nothing in the material lodged for publication breaches the Trade Practices Act 1974, Copyright Act 1968 or laws (Commonwealth, State or Territory, as relevant) relating to defamation, therapeutic goods, tobacco products, consumer protection, fair trading and sale of goods or infringes the rights of any person.
Liability
Nothing in these terms shall limit our liability for fraudulent misrepresentation, for death or personal injury resulting from our negligence or the negligence of our agents or employees. You agree not to hold us responsible for things other users post or do.
We do not review users' postings and are not involved in the actual transactions between users. As most of the content on www.thefleamarket.com.au comes from other users, we do not guarantee the accuracy of postings or user communications or the quality, safety, or legality of what's offered.
We cannot guarantee continuous, error-free or secure access to our services or that defects in the service will be corrected. While we will use reasonable efforts to maintain an uninterrupted service, we cannot guarantee this and we do not give any promises or warranties (whether express or implied) about the availability of our services.
You may not register on behalf of anyone else and you may not allow anyone else to use your registration details to access and use the Service.
You will maintain the security of your password. You are responsible for all activity on the Service that occurs using your password including activity generated by a third party using your password with or without your permission.
Fraudulent use of a credit card by you will automatically absolve News or the Publisher from any liability. News or the Publisher will co-operate with any law enforcement agency with respect to the fraudulent use of the credit card and provide all relevant details pertaining to Your transactions conducted on this Service. At the time of notification of the fraudulent activity, all Advertisements charged to the notified credit card will be cancelled immediately.
Accordingly, to the extent legally permitted we expressly disclaim all warranties, representations and conditions, express or implied, including those of quality, merchantability, merchantable quality, durability, fitness for a particular purpose and those arising by statue. We are not liable for any loss, whether of money (including profit), goodwill, or reputation, or any special, indirect, or consequential damages arising out of your use of www.thefleamarket.com.au, even if you advise us or we could reasonably foresee the possibility of any such damage occurring.
STATEMENT REGARDING PRIVACY POLICY
Davies Brothers Pty Ltd (DBPL) recognises the importance of protecting the privacy of personally identifiable information collected about our customers. For the purposes of this Privacy Statement, the word customers includes visitors to our web sites, subscribers to and users of our services, purchasers of our products and advertising customers.
We are bound by the National Privacy Principles in the Privacy Act 1988 (Cth) in relation to the handling of personal information. Where appropriate we will handle personal information relying on the media exemption (but complying with the Australian Press Council Privacy Standards), related bodies corporate exemption and the employee exemption in the Privacy Act.
Personal Information
We collect personal information when we provide our services to you. Generally we will tell you why we are collecting information when we collect it and how we plan to use it or these things will be obvious when we collect the information.
We usually collect personal information directly from you although sometimes we may use agents or service providers to do this for us. We may also acquire lists from other sources, both from other companies and from other public documents.
Use of Information
We usually collect personal information such as your name, address, telephone number, and in some instances, your financial details. When you are online, we collect information regarding the pages within our network which you visit and what you click on. As a general rule we do not collect sensitive information. However, if we do, it will usually be for the purposes of providing our goods or services and if the law requires us to, we will seek your consent to collect it.
We use your information to provide our services (which on digital platforms may include the display of personalised content and advertising) to you, to fulfil administrative functions associated with these services, for example billing, to enter into contracts with you or third parties and for marketing and client relationship purposes. Where your personal information is contained within an advertisement which we publish for you, we may also use your information for publication of that same advertisement in other media, in accordance with the terms and conditions of the initial publication.
We may share your information with other companies which are related to News Limited within Australia. We or they may also use your personally identifiable information to assist us in improving our products and services and any of us might be in touch to let you know about goods, services, or promotions which may interest you.
Use by Third Parties
Davies Brothers Pty Ltd (DBPL) may disclose your information to its service providers and contractors from time to time to help us to provide and market our goods and services to you. We may also share your information with third parties who provide prizes for competitions or reader offers. If we do this we generally require these parties to protect your information in the same way we do.
Use of Aggregate Data
We may collect and use certain non-personal information (e.g., the identity of your Internet browser, the type of operating system you use, your IP address and the domain name of your Internet service provider) to optimise our goods and services (which on digital platforms may include the display of personalised content and advertising) including our Web pages for your computer. We may use such non-personal information for internal purposes, including but not limited to improving the content of our sites.
Davies Brothers Pty Ltd (DBPL) may use personally identifiable information in aggregate form to improve our goods and services including our Web sites and make them more responsive to the needs of our customers. This statistical compilation and analysis of information may also be used by News or provided to others as a summary report for marketing, advertising or research purposes.
Security
Davies Brothers Pty Ltd strives to ensure the security, integrity and privacy of personally identifiable information of our customers. We use a variety of physical and electronic security measures including restricting physical access to our offices and firewalls and secure databases to keep personal information secure from misuse, loss or unauthorised use or disclosure.
Unfortunately, no data transmission over the internet can be guaranteed to be totally secure.
Access to Personal Information
You have a right to access most personal information we hold about you and if we deny access in some circumstances we will tell you why.
To request access, please contact our privacy officer as set out at the end of this document.
Public Information
Any information posted on bulletin boards and/or communicated in chat areas becomes public information. While Davies Brothers Pty Ltd strives to protect and respect your privacy, we cannot guarantee the security of any information you disclose in a chat room or bulletin board.
Cookies
Cookies are data that a Web site transfers to an individual's hard drive for record-keeping purposes. Cookies can facilitate a user's ongoing access to and use of a site. They allow us to track usage patterns and to compile data that can help us improve our content and target advertising. If you do not want information collected through the use of Cookies, there is a simple procedure in most browsers that allows you to deny or accept the Cookie feature. But you should note that Cookies may be necessary to provide you with features such as merchandise transactions or registered services.
Online Links to Third Party and Co-Branded Sites
Davies Brothers Pty Ltd may establish relationships with business partners that allow visitors to our Internet sites to link directly to sites operated by these partners. Some of these sites may be "co-branded" with our logo; however, these sites may not be operated or maintained by or on our behalf. These sites may collect personal information from you that may be shared with us. This Privacy Statement will apply to any personal information we obtain in this manner.
Davies Brothers Pty Ltd is not responsible for the content or practices of Web sites operated by third parties that are linked to our sites. These links are meant for the user's convenience only. Links to third party sites do not constitute sponsorship, endorsement or approval by News of the content, policies or practices of those third party sites. Once you have left our site via such a link, you should check the applicable privacy policy of the third party site.
What else should you know about privacy on the internet
Remember to close your browser when you have finished your user session. This is to ensure that others cannot access your personal information and correspondence if you share a computer with someone else or are using a computer in a public place like a library or Internet cafe. You as an individual are responsible for the security of and access to your own computer.
Whenever you voluntarily disclose personal information over the Internet, this information can be collected and used by others. In short, if you post personal information in publicly accessible online forums, you may receive unsolicited messages from other parties in return. Ultimately, you are solely responsible for maintaining the secrecy of your username and passwords and any account information. Please be careful and responsible whenever you are using the internet.
For further information
Please contact our Privacy Officer to ask for access to your information or if you have a complaint concerning your information privacy or if you would like more information about our approach to privacy.
Craig Barling
Ph: (03) 6230 0652
Email: barlingc@dbl.newsltd.com.au
Post: GPO Box 334, Hobart, Tasmania, 7001
