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Hotonlist^® Online Terms of Use

This site is operated by HotonList Pvt Ltd ("us" or "we"). Your access to and use of this site and other linked HotonList sites operated by us (collectively, the "HOL site") is subject to these terms and our Privacy Policy ("Terms ").

We recommend that you carefully read these Terms before you use the HOL site. These Terms apply generally to all users of the HOL site. However, there are specific clauses that apply only to Advertisers, Sellers and Buyers using “Buy Now” selling method, organizations using a Community Post, for HotonList^™, for Verified Trader^™ or for Multiloader^™. You must read all of these Terms carefully to understand the specific terms that apply to the service you are provided. If you do not agree to these Terms, you should not use the HOL site or the relevant service.

Users of Get It Fresh SMS and email services will also be subject to the terms for using those services.

Where you use the HOL site to purchase a print advertisement (“ad”) in one of our print publications, the terms and conditions set out in the relevant print publication will also apply to your print ad. Please read and agree to those terms before placing your print ad with us.

Changes to these Terms:

From time to time, we may need to change these Terms to reflect our changing business. We may also need to change these Terms if we are required by law, for security reasons or for technical or infrastructure reasons.
We may change the Terms at any time. If you are a seller, these changes will not apply to ad s that you have already placed through the "Place Ad" system or additional online ad placement tools authorized by us and available through this HOL .

General Terms for all users:

The HOL site is an online advertising medium and markeHOLlace that both advertises items for sale via traditional "Contact Me" advertising (where potential buyers can browse listings and then purchase items by contacting sellers and negotiating the sale privately) and also enables registered sellers and buyers to enter into transactions with each other on-line via the HOL site (see "Buy Now" selling methods set out in section 82 of these Terms).
The HOL site also enables registered users to donate items in response to a request from a charity or not-for-profit organisation (a “Community Post”).
We are not involved in the actual transaction between sellers and buyers, or between requesting organisation and provider. We are merely a passive conduit for the on-line distribution and publication of information about items advertised for sale or requested for donation. As a result, we have no control over and, to the extent permitted by law, make no warranties in relation to, the suitability, quality, safety or legality of any items advertised for sale on the HOL site or donated in response to a Community Post, the accuracy or truth of any advertising listings on the HOL site or the ability of sellers and buyers to actually enforce or complete a transaction.

Copyright:

Copyright in the content on the HOL site and in the HOL site itself (as a compilation ofinformation) is owned by us, our advertisers or content suppliers.
Given authenticating identity on-line is difficult, we provide two services that assist you in authenticating a registered user's identity:
Where a successful identity check has been performed on a registered user (or the registered user is a Hotlist customer with whom we have an established relationship), we grant the seller Verified Trader^™ status. Verified Trader^™ status indicates that we have verified the identity of the user or the user is a Hotlist customer. However, we do not guarantee the success of transactions conducted with users who have Verified Trader^™ status.
We also have a user initiated feedback system where as a registered seller or buyer, you may provide feedback and give a rating to other sellers and buyers that you have entered into a transaction with via the HOL site ("Feedback and Ratings Service").
We also provide a forum in which registered users of this HOL site can connect with other registered users, discuss topics of interest, receive support and learn more about this HOL site and each other's collecting interests (" Community Service").
We also provide services that enable you, as a registered seller or buyer, to discuss any details relevant to the selling/buying decision making process with your prospective buyer/seller before the transaction is completed ("Make an Enquiry Service") and, in the case of private sellers, have that information made available for viewing by other users ("Questions & Answers Service").
Registered users may submit questions, responses or comments ("Posts") through the Feedback and Ratings Service, Community Service, Questions & Answers Service or Make an Enquiry Service ("Services").
warrant that any Posts you submit are factually correct and comply with these Terms and the Guidelines.
You may not use a Post to exchange contact details directly with a seller or buyer to complete a transaction off-line.
Posts are user initiated and, in the context of the Feedback and Ratings Service and the Questions & Answers Service and Make an Enquiry Service, are designed to assist you in evaluating who you are selling to or buying from - they do not represent our evaluation or opinion of sellers or buyers.
Your "My Hotonlist" account will be suspended indefinitely if you earn a net feedback rating equal to or less than - 4 (minus four) on the Feedback and Ratings Service. You will be provided with 14 days prior email notice of any such suspension. See the feedback & ratings explanation for details of how they work.

Usage Rules:

You must comply with these Terms when accessing and using the HOL site.
You warrant to us that you will not use the HOL site for any purpose (including if you are a seller, placing an ad for sale) that is unlawful or prohibited by these Terms.
The HOL site and the material contained on it are supplied solely for reference purposes.
You may download and print individual advertising listings from the HOL site for your own private, non-commercial use. Apart from this, you must not use, reproduce, communicate, publish, or distribute any of the content on the HOL site, unless this constitutes a fair dealing for the purposes of the Copyright Act 1968 (Cth). In particular,
you must not reproduce or use any of the advertising listings on the HOL site for commercial purposes or for commercial gain.
you must not data mine or conduct automated searches on the HOL site or the content on the HOL site, whether through the use of additional software or otherwise;
you must not incorporate any of the content on the HOL site with any other material, including advertising or promotional material;
you must not create HTTP links from the HOL site to any other website on the Internet, or frame or mirror the HOL site without our prior written consent;
you must not create use the HOL site or any facilities available on the HOL site to defame, harass, threaten, menace or offend any person.
you must not create tamper with, hinder the operation of, or make unauthorised modifications to the HOL site or any content on the HOL site;
you must not create knowingly transmit any virus, worm, Trojan horse or other disabling feature to or via the HOL site;
you must not create use the HOL site to send commercial, unsolicited or bulk electronic messages to anyone or in any other way which would constitute an infringement of the Spam Act 2003 (Cth); or
you must not create attempt to do, or permit another person to do, any of the above acts.
We may withdraw or alter any material you provide us (including any Posts you submit as part of a Service and if you are a seller, your ad ) if we reasonably consider it is inappropriate, offensive, misleading or deceptive, defamatory, incorrect or in any other way in breach of these Terms, the Guidelines any law or third party rights; or
If we are instructed to do so by any third party.We will tell you if we do this and if you are a seller and we withdraw or alter your ad and the cost of your ad would be lower as a result, we will refund you the difference.

Minimum Age and Legal Rights to sell, Request or Donate:

You must be at least 18 years of age to place an ad with us, buy an item via the HOL site, submit a Post (including a Community Post) or make a donation in response to a Community Post.
If you are a seller you must be legally able to sell the item you are advertising.
To lodge a request using a Community Post you must be a charity, community group or not-for-profit organisation that is registered, licensed or authorised to conduct a fundraising or collection as required by the relevant State legislation applying in the State in which the Community Post was generated.
We reserve the right (but are not required) to verify the availability of items offered for sale, and to verify the information contained in any Posts. You agree that we may access your records and systems and/or contact you for the purposes of verification or clarification. You agree to provide such additional information as we reasonably require.
We may perform regular checks on organisations which lodge a request using a Community Post to ensure that these are bona fide charities, community groups or not for profit organisations possessing the necessary registration, licence or authorisation as required by the State in which the request was generated. We may report any person or organisation lodging a fraudulent Community Post under the relevant State legislation, to the relevant State authority.
The HOL site may contain links to other websites which are not maintained or controlled by us or our related companies ("third party site"). Third party sites are not part of the HOL site. These links are provided by us solely for your convenience.
We make no representations or warranties whatsoever about any third party site. We do not endorse, and accept no responsibility for, the content or use of any third party site. If you link to any third party site, you leave the HOL site and do so entirely at your own risk.

Access to HOL site outside India:

We do not represent or warrant that the content on the HOL site complies with the laws of any country outside of India. If you access the HOL site from outside India, you do so at your own risk.
You may only use the "Buy Now" selling method if you live in India or if you have registered your "My Hotonlist" account with an Indian address.

No offer where illegality arises:

Nothing on the HOL site constitutes an offer to provide goods or services in any jurisdiction if to do so would contravene the laws of that jurisdiction .

Privacy:

We collect, use and disclose personal information in accordance with our Privacy Policy.
We need to collect certain personal information from you in order for you to register as a seller or buyer and obtain a "My Hotonlist" account, and if you are a seller we may contact you to provide certain follow up services designed to assist you to sell items you advertise. If you do not send us the information we require, we will not be able to accept your registration. Other than personal information which you send to us for inclusion on the HOL site (including if you are a seller, for inclusion in your ad ), we do not disclose your information to third parties without your prior authorisation. However, we may share your information with related companies within the Hotonlist group of companies for business-related purposes and to assist us to provide better services to users of our site. For example, if you fail to respond to a buyer/seller with whom you have committed to enter into a transaction, we may give that seller/buyer your contact details to facilitate the satisfactory completion of the agreed transaction. Please see our Privacy Policy for more information on how we manage personal information and for details on who to contact for privacy related queries. Our Privacy Policy also has details on how to contact us to exercise your right of access to personal information we hold about you. Please note that depending on when you registered as a seller or buyer, your information may no longer be held by us.
For information on entering and using the password that will be allocated by us on your registration as a new seller or buyer, please seepassword Rules. You agree to comply with these rules in respect of any password assigned to you by us for use on this site.

Trade Marks and No Warrenty :

The "Hotonlist^®" logo is a registered trademark and Verified Trader^™ and HOL^™ are trade marks, of Research Resources Pty Ltd, a Hotonlist company. It must not be used or applied without our prior written consent.
We take all reasonable care in compiling our print and online advertising . However, the information in our publications and on the HOL site is provided 'as is' and we do not warrant or represent that it is complete, current or free from errors or omissions.
We provide our services with reasonable care and skill and endeavour to ensure availability of our services and access to the HOL site. However, availability of our services and access to the HOL site may be interfered with by numerous factors, including those outside our control (such as malfunction in equipment or software, Internet access difficulties, or delay or failure of transmission). Accordingly, we do not warrant or represent that our services and/or your access to the HOL site will be continuous, uninterrupted, timely, fault free, virus free or secure.
We accept ad s in good faith on the basis of warranties provided by each advertiser. We do not warrant or represent that the products or services advertised in ad s on the HOL site or in any of our print publications, or donated in response to a Community Post, will be suitable for any particular purpose, or that an advertiser or an organisation requesting donations has any particular qualifications or is legally entitled to carry on a particular business. You must investigate for yourself the suitability, quality and condition of any goods or services advertised on the HOL site or in any of our print publications, or donated in response to a Community Post, and it is your responsibility to verify any information on the HOL site or in any of our print publications before relying on it.

Our Liability to you:

The terms that apply to our supply of the HOL site are those that are set out in this document and those implied by consumer protection laws to the supply of this service that are unable to be excluded. No other terms apply.

We accept our liability to you for breach of contract or negligence under the principles applied by the courts, but:

- we do not accept liability to you for losses that result from your use of our services in connection with the conduct of a business. However, we will accept that liability if it cannot be excluded under any legislation. If that liability cannot be excluded but can be limited under any legislation, we limit our liability to re-supplying, repairing or replacing the relevant goods or services (or payment of the cost of re-supply, repair or replacement) where it is fair and reasonable to do so;
- we are not liable for any loss to the extent that it is caused by you (for example, through your negligence or breach of contract);
- we are not liable for any loss to the extent that it results from your failure to take reasonable steps to avoid or minimise your loss; and
- we are not liable for any loss caused by us failing to comply with our obligations to you where that loss is caused by events outside our reasonable control (such as a malfunction in equipment or software, Internet access difficulties or delay or failure of transmission).

Your Liability to us:

You are liable to us for breach of contract or negligence under the principles applied by the courts. However, you are not liable to us for any loss to the extent that it is caused by us (for example through our negligence or breach of contract).
You agree to indemnify us and our officers, employees and agents, against all claims, demands, damages, costs, penalties and liabilities caused by your breach of these Terms.
We may bar, suspend, terminate or limit your access to the HOL site at any time if:
- you are in material breach of these Terms; and
  
  we have told you in writing of your breach and you have failed to remedy it within the specified time frame; o
  
  the breach is something which cannot be remedied (in which case we can cancel the service immediately by telling you).
We may suspend, terminate or limit your access to the HOL site with as much warning as we reasonably can, if:

we reasonably believe that there is a real risk of loss or damage to us or another if we do not suspend, terminate or limit your access to the HOL site (including credit risk resulting from you not paying any fees owed to us on time);

the law requires us to do so;

we believe on reasonable grounds that providing access to the HOL site to you is illegal or may become
illegal; or

there is an emergency; or

we have received a serious complaint or multiple complaints regarding your activity and/or membership.

Our right to forfeit fees due to continued material breaches by you:

If you are in material breach of our terms and conditions and we have barred, terminated, suspended, or limited your access, you must not circumvent this action by any means, including but not limited to placing a further classified ad under another account name or pseudonym. If we identify that this has taken place the classified ad will be immediately removed without further notice to you and you will forfeit all fees paid.

Agency:

We and you are independent contractors and no agency, partnership, joint venture or employment relationship is intended or created by these Terms

Severability:

If any of these Terms are invalid, unenforceable or illegal, that term will be struck out and the remaining terms will remain in force

No waiver:

If we do not act in relation to a particular breach by you of these Terms, this will not be treated as a waiver by us of our right to act with respect to subsequent or similar breaches. If you do not act in relation to a particular breach by us of these Terms, this will not be treated as a waiver by you of your right to act with respect to subsequent or similar breaches.

Governing Law:

These Terms (and your dealings with us) are subject to the laws of India

Specific Terms for all Advertisers:

Your ad may only include text descriptions, graphics, pictures and other content relevant to the sale of that item. In addition, any phone number provided by you for listing in an ad must be yours, or you must have permission to use it. You must ensure that any phone number listed in your ad is correct. We reserve the right to modify or refuse any ad in which the name or other text at the beginning of the ad is considered by us:
to exceed that necessary to identify you or the item;
to be designed to secure unfair alphabetical advantage over other ad s or advertisers; or
is not used for normal trading.
You hereby assign all copyright in your ad to us.
Where GST is applicable on any items you advertise the advertised price must be inclusive of GST.
Only ad s fully completed and paid for (except for ad s in the Hotonlist publications in New South Wales which are subject to the free standard classifieds conditions), before 5:30 pm Tuesday AEDT (or 5:30pm EDST in India during the daylight savings period) will be accepted for publication in the relevant Hotonlist paper that week. Ad s received after the deadline will be published in the relevant paper the following week. Please submit your ads early to avoid congestion, frustration and disappointment closer to the deadline.
subject to these Terms, we will use our reasonable endeavours to publish ad s in the format submitted by you and in accordance with your placement instructions. However, we make no guarantees or representations regarding placement of your ad or the content of ad s grouped with your ad . We also reserve the right to select, edit, condense, determine the duration of, change the nominated "Category" of, withdraw or refuse an ad .
We will refuse to publish ad s that offer for sale any of the specified items listed in section 61 of these Terms or any item that we reasonably deem to be offensive or inappropriate for publication.
You agree that we have an unfettered right to use (in any way we see fit) any copyright subsisting in your ad . In this regard, it is your responsibility to procure any necessary moral rights consents from authors of work you submit as part of your ad.
You may cancel or withdraw your ad at any time up until the relevant deadline. If this occurs, and the ad was prepaid, except for online only ad s (see section 62 of these Terms) we will provide you with a refund (less any reasonable costs that we have incurred in relation to the ad ). If you do not cancel or withdraw your ad s before the relevant deadline, you must pay for the ad in full.
With the exception of advertisements published in the Hotonlist^® publications in India and Queensland, if you alter your ad after its first appearance, the ad will be charged as a new ad and a new seven (7) day account will be issued. In India and Queensland, additional charges may apply to changes involving additional words.
Selling or buying via the HOL site is available to both private and commercial advertisers. Private advertisers and commercial may place "Contact Me" and "Buy Now" ads. These ads may be placed using the "Place Ad" system on this HOL site. Commercial advertisers may also place ads via the "National Dealer System" interface. In addition, you may use additional online ad placement tools authorised by us and available through this HOL site (�Authorised Ad Tools�), such as HonList� or MultiLoader, to place �Contact Me� and �Buy Now� ads for both private and commercial advertising.
If you are a commercial advertiser in India, section 29 of the Fair Trading Act 1999 (India) applies to your ad . Section 29 of the Fair Trading Act 1999 (India) requires businesses to identify themselves in their ad s by publishing the name and/or address of the business, the business registration or licence number, or the business name registration number. If you fail to identify your business by publishing these details, then we must keep a record of your name and address for at least 12 months.
If you are a commercial advertiser in India, section 23 of the Fair Trading Act 1990 (India) applies to your ad . Section 23 of the Fair Trading Act 1990 (India) prohibits businesses from listing their address as a private box number unless the ad also includes the business' name and business address or the name and residential address of the person who has rented or obtained the private box number.
It is your responsibility to notify us upon the sale of the item in your ad to ensure that the ad is removed from this HOL site and our printed publications and that you are no longer charged for your ad .

Advertising Rates and Payment terms (Except for “Free standard Classified” ads and Community Posts)

Listing fees and optional feature fees for online only ad s are charged at the time of placement of the ad and are non-refundable as online ad s are published immediately on submission through the "Place Ad" system on this HOL site.
Any fees you pay to place an ad on or via the HOL site do not grant you exclusive rights to any web pages on the HOL site. We may, without your consent or any payment to you, place third party ad s on any web page within the HOL site.
The cost of your ad submitted by you through an Authorised Ad Tool will be calculated by this HOL site according to various factors, including the publication, item selling price, category, selling method, product/package, optional features, number of words, duration and discounts you have selected.
You are responsible for paying all fees and taxes (including GST) associated with placing an ad on this HOL site and/or in Hotonlist^{® publications through the "Place Ad" system on this site or an Authorised Ad Tool.}
^{We may charge you an account-keeping fee if your credit card is declined or if you otherwise fail to pay for your ad by the required date. Details of such fee will be set out in your invoice and/or reminder notices.}
^{Unless otherwise provided, all fees listed on this HOL site are inclusive of GST.}
^{If you place ads through the "Place Ad" system on this HOL site, you will be advised about what fees you are liable for and when these are required to be paid. If you place ads through any other Authorised Ad Tool (eg HotOnList™), before those ads appear online you will be provided with an estimate of the fees you are liable for in relation to those ads through the tool itself, and details of the total amounts you owe us in respect of those ads will be set out in the invoice we send you in accordance with these Terms and any additional terms of use applying to that tool.}
^{All ads placed through the "Place Ad" system on this HOL site must be prepaid, except for "Free Standard Classified" ads in the Hotonlist publications in New South Wales and the "Buy Now" selling method via this HOL site.}
^{To place a prepaid ad using this HOL site you may use a Visa, MasterCard, AMEX or Diners Club credit card via the VeriSign payment system. We do not permanently store or record credit card numbers. However, we may for a short term temporarily store credit card numbers prior to them being sent to VeriSign. Transmission of your credit card details is made through the VeriSign payment system to the Bank and we receive and display a response to your transaction, which is also sent to you via your registered e-mail address. You should ensure that a locked padlock symbol appears at the foot of your browser window when you are entering your payment details. We do not accept your prepaid ad for approval until a successful payment has been confirmed.}
^{To assist us in providing a safe online trading environment for buyers and sellers, your credit card may be verified before your registration is complete. This may cause a temporary charge to be placed on your credit card to the value of $1. This is not a permanent charge and will be removed as soon as possible once the authorisation is complete. Time taken to remove the charge will vary depending on your financial institution.}
^{Fee standard classifieds are limited to five per customer.}
^{Free standard classifieds will run in one edition.}
^{Free standard classifieds need to be booked on a weekly basis.}
^{Ad s that do not comply with these conditions are subject to normal advertising rates.}
^{Facsimile / mailed ad s must be typed or printed clearly.}
^{Mistakes due to illegible writing will be your responsibility.}
^{We will place items under the applicable "Category".}
^{All Free standard classifieds will be published on this HOL site the following Saturday after publication}
Free standard classifieds are limited to five per customer.
Free standard classifieds will run in one edition
Free standard classifieds need to be booked on a weekly basis.
Ad s that do not comply with these conditions are subject to normal advertising rates.
Facsimile / mailed ad s must be typed or printed clearly.
stakes due to illegible writing will be your responsibility.
We will place items under the applicable "Category".
All Free standard classifieds will be published on this HOL site the following Saturday after publication.

Specific Terms for Sellers and Buyers using the "Buy Now" selling method:

Online Selling Methods

If you are a registered seller or buyer, you may the “Buy Now” selling method to enter into transactions with another registered user on-line via this HOL site:

Sellers can use the �Buy Now� selling method to advertise items at a fixed price and buyers can purchase the items at this fixed price via the HOL site. The transaction is notified to both the seller and buyer through their "My Hotonlist" accounts and via email and then the seller and buyer contact each other to organise payment and shipping. As a buyer, when you click on the "Confirm Buy Now" button, you are committing to enter into a legally binding contract to purchase the item from the seller. We recommend that you read the full listing for the item (including the seller's instructions and accepted payment and shipping methods) and investigate for yourself the suitability, quality and condition of any items. As a seller, when you receive notice of a successful transaction you agree to pay us all applicable success fees.
The "Buy Now" is only available for selected "Categories". The "Place Ad" system and other Authorised Ad Tools, including HotOnList™ and MultiLoader, ,will identify the categories of items where you may use the "Buy Now" selling method.
Buyer and Seller contact details are not to be provided or requested in the ad description or the Question and Answer Service in “Buy Now” ads.
“Buy Now” ads must not contain references to external URLs in the ad text, title or via the Question and Answer Service.

Non-paying buyers

As a seller, you may file a "non-paying buyer" alert with us for each item a buyer has committed to purchase via the "Buy Now" selling method but for which you have not received payment within the timeframe agreed with the buyer.
will issue a strike on the account of a buyer who does not honour their obligation to pay (unless the seller and buyer mutually agree not to complete the transaction or to allow further time for payment). As a buyer, you will receive prior email notice of a strike being placed on your account.
If a buyer obtains more than 3 strikes, we may suspend the buyer's "My Hotonlist" account indefinitely. In some cases we may place limits on the buyer's account before we suspend the buyer's account indefinitely.

Specific Terms for organizations using a Community Post:

No money may be requested or provided using a Community Post.
A request lodged via a Community Post must be as specific as possible (for example, make reference to the size, age and quality of the items requested).
Registered users may only donate items to charities, community groups or not for profit organizations via this HOL site in response to a Community Post. Users may not list items available for donation independently of a Community Post.
A Community Post must include information about the organization making the request and the purpose for which the items are being sought.
Delivery of items exchanged using a Community Post is a matter to be arranged between the provider and requesting organization. We take no responsibility for the delivery of items exchanged using a Community Post.
Community Posts are listed free of charge.
Community Posts will be listed on this HOL site in our complete discretion.
Community Posts will be removed from this HOL site 30 days after the date of their initial posting, unless the responsible organization requests the posting to remain on the site for a longer period.

Specific Terms for Sellers using Hotonlist ™:

We operate HotonList^™.

Before your ads appear on the HOL site, HotOnList^™ will display an estimate of the fees you are liable for in relation to any ads you place through HotOnList.

You are responsible for paying all fees and taxes (including GST) associated with placing ads through HotOnList^™. Unless otherwise agreed by us:

we will issue you with an invoice on the last Wednesday of each month for ads submitted by you through HotOnList^™ that have been placed on the HOL site from the last Wednesday of the previous month until (but not including) the day of invoicing (“Billing Period”);

you must pay the invoices by the due date set out on the invoice (“Due Date”);

if we do not receive your payment by the Due Date, you authorise us to automatically debit your credit card for the amount of the unpaid invoice plus any applicable late fees as set out in the invoice on that day; and

if we are unable to debit your credit card in accordance with paragraph c. for any reason, we may:

forward your account details to a debt collection agency for recovery;

suspend any of your ads from appearing on the HOL site; and/or

suspend your “My Hotonlist” account.

You must use one of the following payment methods to pay any invoice issued by us:

MasterCard, Visa, AMEX or Diners Club credit card;

PAYPAL;

cheque;

Post Billpay; or

Bill EXPRESS.

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Hotonlist® Online Terms of Use

Our right to forfeit fees due to continued material breaches by you:

Hotonlist^® Online Terms of Use